Loading...
HomeMy WebLinkAbout5TH AND MARGUERITE CDM_03_INSURANCE DOCUMENTSTY OF NEWPOR' BEACH MEMORANDUM: FrOM Administrative Assistant to the Mr. Robert Wynn City Manager TO...... City_ ManagerMPMqn .................................. Subject: CARDEN SCHOOL .................... Deggmbpr .9.., 18..76. At your request, I checked with the City Clerk's Office and Bill Brown, and as of yet, the Carden School principles have not submitted a copy of their insurance policy or any information thereof to the City as is required in their lease agreement. RJL:ib Reply wanted ❑ Reply not necessary ❑ NS-W By... ..... .......................... ROBER J.�CONG we Carden School Corona del Mar December 7, 1976 Mr. Robert Wynn City Manager The City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Dear Mr. Wynn: JUDITH WILSON, Director I was naturally interested when rumors came to me that the Newport Police Department was asked to supply information on me for the purpose of discrediting me in the upcoming public hearings on the HUD sponsored senior's center proposal. I am shocked at your disclosure that indeed you requested a police inquiry about me in response to a request from a member of the Community Development Citizens Advisory Committee who favors the HUD project. Is it standard practice in Newport Beach for committee members to ask and receive police department information on citizens who oppose committee projects? The fact that I have done nothing wrong is beside the point. A city police department is properly concerned with criminal behavior, not political behavior. Your utilization of the resources of the police department for obvious political purposes has ominous implications indeed. If I have been accused of some wrong doing the most basic elements of our judicial system extend to me the right to hear the accusation and confront my accusers. You refuse to name my accuser. If,'on the other hand, as you say, I have not been accused of any 'wrong doing, but that you are simply investigating a rumor at the behest of one of my political adversaries, then by what power of authority did you extend the investigation to include involvement of the police authorities? What a sorry use of our outstanding police department! 3300 Fifth Avenue • Corona Del Mar, California 92625 • (714) 640-4181 Mr. Robert Wynn, 12-7-76, page 2 The integrity of your office demands a full public disclosure of this affair.. What is the nature of the rumors leveled against me? Who brought these rumors to your attention and demanded an inquiry? To what purpose would any information derived from the inquiry be put? What was the result of your investigation? I also believe your actions warrant an apology both to me and Mrs. Wilson. Yours truly, Jo9D). Wilson JA S .Y Keep The Peace -TE AND TIME OCCURRED 8/1/75 0600 • NEWPORT BEACH POLICE DEPARIIJENT EMPLOYEE'S REPORT 5th/Marguerite 5th/Marguerite 1*1 REPORTING DISTRICT Day Center 1 48 IUI (RANK. NAME, ASSIGNMENT, DIVISION) 047E A"Z TIME RE/ORTEP Captain W. Connolly, Commander, Patrol Division 1 12/10/76 1030 LS On 8/1/75, I was assigned to uniform patrol, Watch I, Unit 144. At approximately 0600 hours, I received instructions to meet with and accompany Reserve Officer John Wilson to the Day Care Center at 5th/Marguerite where I was to keep the peace while he inspected the premises. I received my instructions from a supervisor. I can not recall if it was Watch Commander Sgt. Miller or my Field Supervisor, Sgt. Chandler. I was informed that Mr. Wilson and his wife had leased the property from the City of Newport Beach. I met Mr. Wilson at the front door of the building. It was daylight. He had some papers in his hand which he extended towards me for my inspection. I informed him that that was not necessary as I had already received my instructions and that they were to stand by and keep the peace only. Mr. Wilson knocked on the front door and front windows. There was no response. The building appeared unoccupied. Mr. Wilson went to the rear of the building. He then appeared on the inside of the front entrance. He informed me that he had gained entrance via an open, unlocked, rear window. A M/W/16-19 yrs, was present in the building. He stated that he had been sleeping in the building as a form of watchman. I vertfied his identity. Mr. Wilson proceeded to inspect the premises. The M/W (whose identity I no longer recall) made a phone call and then started gathering his articles. There was no peace disturbance. I informed both parties that I was leaving. I cleared the scene at approximately 0630 hours. I did not return to the Day Center. Approximately one (1) hour later, I handled an unrelated public assist across the street in the 700 block of Marguerite. On 12/10/76 at 0930 hours, John Wilson called me at home and asked if I had submitted a 1115.711 in regards to the incident. I informed him that one had not been requested of me as yet. APPROVING SAOGE NO. SADOE NO IME REPRODUCED AND DISTRIBUTED CLERK I W T. Mc Innis 281 yJ� NEWPORT BEACH POLICE DEPARTMENT DAILY FIELD ACTIVITIES REPORT OBS. ASGN TIME I SUPERVISOR N CRTNA1'ION x TIME TIt.tE DAY SOURCE LOCATION OF ACTIVITY TYPE OF ACTIVITY AT SCENE OR NAME •� R LOCATION ACTIVITY \` •`... C S DISPOSITION 1OR TC / RD t _ . C s ., r R r;-;7. f RD L Lib LN C S t- In Jrl% OR -- TC C! J il(: • 1.iS C /;'i'+:J S (�/�' t f 'C i�/t%fit": DR - TC to Red-r7 lo_:� rL1-y5 ;goo / � C S .^ OR - TC onvo TOTAL TIME ACTIVITIES REPORTS WARRANT UNIT HI UNIT #2 TOTALS TIME AVAIL ' RADIO OBS. TRAF.' OTHER CRIME TRAF. OTHER 4RRE5T5 CHECKS " MILEAGE IN MILEAGE IN ARRESTS FIELD INTERVIEWS CITATIONS JUVENILE ADULT JUVENILE ADULT MOVING . NON-tAOV. PARKING MUN. 'S` VIOL. MILEAGE OUT - •• MILEAGE OUT - »1600 601 FEL. A115D. FEL. MISO. AUTO I PED. AUTO I PED. TOTAL MILES TOTAL MILES OFFIC R. IjAM �t BADGE ON DUTY OFF DUTY FIELD SUPERVISOR DIVISION PLAN DAY OF REEK x x x x x x �. - SUPERVISOR APPROVING BATCH ASSIGNMENT D E PAGE FORM, 15.1 (DEC. 1968) •NEWPORT BEACH POLICE DEPARrOWNT EMPLOYEE'S REPORT SUBJECT INFORMATION DATE AND TIME OCCURRED LOCATION OF OCCURRENCE REPORTING DISTRICT 12/6/76 1500 Police Department 99 T01 (RAM%. NAME. ASSIGNMENT. DIVISION) 047E ANO TRIPE REPORTED Chief B. James Glavas 12/7/76 1100 DETAILS Sir: . On 12/6/76 at approximately 1500 hrs. Reserve Officer John Wilson entered my office for the purpose of a casual conversation. He had just concluded jogging at the Police facility.. As we conversed on random subjects, Wilson observed a handwritten_ note on my desk with the name of "Carden Hall" on it. This note had been written by me as a reminder to do some research for Bob Long. Wilson then asked.what was going on at Carden School. I responded that.Bob Long had called, asking me to find out who the officer'was that had stood by during the evic- tion of the prior tenants at Carden School. At that statement Wilson expressed sur- prise and questioned the reason for this information. I replied that I had no idea. Wilson then suggested that the former tenants might be suing the City and that might be the reason for the inquiry. Wilson then proceeded to tell me the entire story of his encounters with the prior tenants of Carden'School. Upon conclusion of the story, Wilson left my office and I had no further contact with him. Respectfully, " SUPERVISOR APPROVING BADGE N0. EMPLOYE£( DADG[ MO (7)• cREPONTIMB E. V \(7�y�-' Costelow, J. " #124 DATE AND TIME REPRODUCED AND DISTRIBUTED CLERK CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER November 30, 1976 TO: CITY MANAGER FROM: Administrative Assistant to the City Manager SUBJECT: 5TH AND MARGUERITE LEASE The following is in response to the two questions you had regarding the City's lease of the 5th and Marguerite property: Question 1. Did the City advertise for public bids prior to leasing the 5th and Marguerite property to Carden Schools of Corona del Mar? Answer: No, prior to the purchase of the 5th and Marguerite site from the State of California, the City received con- siderable publicity: As a direct result of this publicity,. the City Manager's Office received several inquiries from representatives of private schools (Carden School of Corona del Mar, Montessori School, American Preschool, and the Newport Riviera School). In that each of these parties had the right to submit proposals to the City Council, staff sent out letters to each of these schools asking that they answer certain pertinent questions in their proposals, in an attempt to get some conformity among the proposals. Upon receiving these proposals, staff sent the attached report (Exhibit 1) to Council which summarized their proposals. Staff also informed Council in this report that if it was their desire to lease the 5th and Marguerite property for an interim term, that they had the option of accepting any one of the attached proposals or the option of "putting this lease out for public bid." Council chose to lease the 5th and Marguerite site to the Carden School, whose proposal offered to pay the highest rent to the City. Question 2. Was the Carden School allowed any deductions from their monthly payments to the City? If so, why? Also, give a detailed account of the monies paid to the City by the Carden School. Answer: The Carden School was allowed to deduct certain expenses in rental fees which were required for the removal and storage of a considerable amount of property left by the previous tenant. When the City entered into an agreement with the Carden School for the lease of the 5th and Marguerite facilities, the previous tenant, Newport Riviera School was given the proper notice to vacate CITY MANAGER Subj: 5th and Marguerite Lease Page - 2 .11/30/76 within 30 days. However, at the time when the new tenant was due to move in, the previous tenant had made no effort to remove their property. The City Attorney's Office asked the new tenant (Carden School) if they would store the said. property for a period of 30 days in one of the buildings at this site, which they agreed to do. During this time, the Attorney's Office made several attempts to have the previous tenant remove their property. They had little success, and on. September 5, 1975 the City Attorney's Office received the attached letter (Exhibit 2) from Mr. Wilson of Carden School, stating that they will cause the property of the previous tenant to be removed from their premises and relocated to the City Yard in three Dewey storage bins, and that they will deduct the cost of this action from their payments to the City. Because of the legal problems with the previous tenant, the City Attorney's Office agreed that this was a proper action. Therefore, during the past year, Carden School has been making monthly deductions from their payments to the City for the storage of this property at the City Yard. During this time, the City Attorney's Office was negotiating with the previous tenant to have her pick up her property, which was finally accomplished in October, 1976. The total deduction that the Carden School has taken for this expense from September, 1975 through November, 1976 was $2,561.86 (this expense has been verified). Attached (Exhibit 3) is the Carden School's payment record to the City (August, 1975 through November, 1976) which shows a gross payment to the City of $31,875 minus the deduction of $2,561.86 for a total net payment to the City of $29,313.14. Conclusion: In addition to the above information, the following are some observations regarding the Carden School: April 9, 1975: The City received the attached letter (Exhibit 4) stating that the Carden School was interested in leasing the 5th and Marguerite facility on an "interim basis." They acknowledged their understanding that the "City will eventually develop this property for public use." The Carden School also stated that they "are currently planning the development of a permanent school facility. It would likely be possible for us to synchronize our plans with those of the City to insure optimal land utilization and rent income during the City's planning and funding cycle. We can arrange to leave when the City is ready to build." CITY MANAGER Subj: 5th and Marguerite Lease Page - 3 11/30/76 April 14, 1975: The City received the attached proposal (Exhibit 5) from Mr. Wilson. It is interesting to note that throughout the Carden School's proposal they emphatically state that their use of the 5th and Marguerite site was on a "temporary basis" realizing that the City "will ultimately develop this property for public use." They also state in their proposal that they are actively pursuing another permanent site with the Irvine Company and would only need " a temporary facility for the next two to four years." The Carden School is currently in the second year of their lease with the City for the 5th and Marguerite property. May 22, 1975: The attached letter (Exhibit 6) was sent to Mr. Wilson along with a report to the City Council (see Exhibit 1) which clearly states that the eventual use of the 5th and Marguerite property will be for a senior citizens facility, and that if Council were to lease this property it would be "on a year-to-year basis until such time as funds became available to construct the senior citizens facility." November 5, 1975: The City Attorney received a letter from Mrs. Levin, the Attorney for Mrs. DesBrisay, who was the previous tenant at the 5th and Marguerite property. In this letter it states that the current tenant, Carden School, treated her "shabbily" and illegally confiscated her belongings. (Exhibit 7) It should also be noted that in the lease agreement signed by the City and Carden School it clearly states that the term of the lease is on a year-to-year basis, and can be cancelled unilaterally at anytime with a 90 day prior written notice by either party and that the City is not bound, or obligated to renew this lease. SOL/� ROBERT J. LNG RJL:ib Attachments (Exhibits i - 6) • CITY OF NEWPORT BEACH • OFFICE OF THE CITY MANAGER May 27, 1975 Study Session Item 11 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Administrative Assistant to the City Manager SUBJECT: LEASE OF 5th AND MARGUERITE PROPERTY In late April, 1975, the City took title to the property commonly known . as 5th and Marguerite from the State of California (Parcel No. 041339-01-011. Included in this purchase is a school facility consisting of an administra- tion building and two classrooms located on approximately three acres (Fig. 1). This facility is currently under lease to the Newport -Rivera Early_Achievement Center until July 31, 1975._ The City Council has indicated that (%hie eventq I use.of this, propert�wi1] ,b-o for -a seni6"r` citiieris facility. In the interim period, staff believes it would be beneficial_ for the City tp-'lease this: property- on a year=to-yea• tiasi9, until such_ time�as fu_n_d's become avairlable•-to,-construct the-seniar citizens; faQt ity. On April 28, 1975, a request for a proposal was sent to parties who have shown an interest in leasing the school facility. These parties include John D. Wilson of Carden Schools of Corona del Mar, William C. Carlberg, President of the Montessori Schools of Newport Beach, and Ms. M. L. DesBrisay of the Newport -Rivera Early Achievement Center. We have received proposals from• all three of these parties. Attached is a bid comparison stating the questions asked each of the parties and their responses. In reviewing each of these proposals, they appear to be basically the same except for the monthly rental and the upkeep of the property. The following is the monthly rental which each of the parties have indicated they would pay the City: 1. The Carden School - $1875 per month 2. Montessori School - $1200 per month 3. Newport -Rivera School $1185 per month Both the Carden School of Corona del Mar and the Montessori School of Newport Beach have indicated that they will perform extensive repairs to improve the property. On May 19, 1975, the Community Development's Building Department conducted a cursory inspection of the school's facilities. They.have _concluded that the general condition of the structure appears to be in a sound condition with the exception of eleven items (report attached). This information was not avail- able in time for each of the above parties to review. Because of this,! ` qci - lnay_,want t4 cor�s.ider putting this -lease -out: -far- publi.C`Ud:-, However, rif — Courre . wishes, to accept one of the three bids wfiich have_been_sulr tted;_ hie Ciajp'¢�i�incrl: mad legally da so ROBERT J. LONG RJL:pg Attachments EMBIT 1 SHOULDER NORTH BLDG. (FENCED AREA) • I'-SOUTk- BLDG. (GRADED LOT) 5th STREET SCHEMATIC OF PROPERTY AND IMPROVEMENTS ASPHALT L_ FENCE I 6 BID COMPARISON • 1. What portion of the 5th Avenue facility would your organization want to lease? Carden - The entire school facility. Montessori - The entire school facility. Newport -Rivera - The entire school facility. 2. How much money would your organization be willing to pay the City on a monthly basis for the use of this property? Carden - $1875 per month Montessori - $1200 per month —,Newport-Rivera - $1185 per month = 3. How much of the total cost to operate and maintain the building and land- scaping the area is your organization willing to pay? Carden - Will paint the building, weed and landscape the area, re-establish the p aying field, and be responsible for all utilities. Montessori - Will be responsible for all utilities, landscaping, and genera upkeep. Newport -Rivera - Stated they are currently assuming maintenance and land- scaping upkeep and would be willing to continue. 4. What portion of the total cost is your organization willing to assume to get this property back into satisfactory condition? Carden - Will take care of plumbing repairs and all other repairs which are needed to bring this building back into satisfactory condition. Montessori - States that their school is willing to perform rehabilitative services to the property. However, the size and scope of these services is directly related to the term of the above lease. If the one year term is firm, they will perform the following: (a) General yard maintenance and new landscaping in front of building and in play area. (b) Paint exterior trim. (c) General janitorial cleanup and repaint interior on a selected basis. � T , • - 2 •! Should the terms of the lease be negotiated two or three years, with options to renew - or some satisfactory clause in the lease offering first right of refusal each year, they would offer the following: (a) General year reconditioning and landscaping. (1) planting according to a landscape plan to be submitted on the slope in the front of the building and around the exterior of the building. (2) new shrubs and flowers along the front of the building and by the steps leading to the entrance. (3) new trees along chain link fence in the rear of the play area. (4) complete renovation of the southeast side (along 5th St.) and replanting ground cover. (5) construct a -masonry wall and parking'lot (6-8 cars) with access from the drive entrance off 5th St. Insta•11 appro- priate landscaping. (b) Paint exterior walls and trim (color scheme to be submitted). (c) Paint interior walls and resurface where needed. (d) Repair and recondition rugs in classroom. (e) Remove inferior and hazardous play equipment. Design, construct and maintain a suitable play area and equipment. Newport -Rivera - Will be willing to assume all above ground costs for plumbing and would assume cost of keeping the trim painted. 5. Would your organization be willing to pay any property taxes assessed as a result of the temporary private use of public lands? Carden - Liable for all property taxes. Montessori - Their school would be willing to contribute according to percentage of square footage used against any property taxes assessed with some dollar limit as a function of total rent payable. Newport -Rivera - Is willing to insure the property as per the State re- quirements. 6. Would your organization be prepared to meet all insurance requirements of the City for the use of this property? 0 - s Carden - Their school is prepared to meet all insurance requirements of the City for the use of this property as a school. Montessori - Their school would be willing to provide liability insurance naming the City as an "also insured" and provide all risk coverage for fire, theft, vandalism. This would include fire insurance for the replacement of the building to the City's benefit. Newport -Rivera - They are willing to insure the property as per the State requirements. 7. How many students utilize your school at the present time and how many students do you anticipate enrolled for the 1975-76 school year? Carden - Approximately 35 at present and approximately 100 for next year. Montessori.- Does not have a current enrollment. They are anticipating 60 to 80 students initially if they obtain this site. N_ew_port�Rivgaa - At present time they have 73 students and hope to enroll more s tudents for the fall. 8. Would you have any other plans for the use of this facility? Carden - No other plans. Montessori - We would use this site as an observation vehicle for students from our State accredited graduate school of education. Lectures for these students and the community would be held at this site in the areas of Montessori education, child development, and early childhood education. Newport -Rivera - Child care center 9. Miscellaneous comments. Carden - Benefits to the City: 1. Revenue - the school will utilize approximately one-half of the gross acreage being purchased from the State. In return, the school will provide the City with an annual return on the full purchase price of five percent (5%). The City will thus realize a return equivalent to a typical demand savings deposit while the school utilizes the property. 2. %?chronization with the City s plans - the proposed term and can- cellation wig allow the City freedom to adjust-their_pfanning_ _. and funding cycle for the property, to. future reality while in- suring rental income until development is physicallj_5 gun. 3. Upgraded appearance - the property is severly run down at this time. The school's tenure under this proposal would result in an upgraded appearance of the property at no cost to the City. 4. Inhanced image - the school offers a quality product which is readily recognized as such by many people. This quality is re- flected by the demand for enrollment space in the school. As a growing, successful and respected enterprise, the school will help raise the image of the surrounding area. 5. Extended utilization - the school's present enrollment waiting list will at least doub a the number of students which presently use the facility. The intended end "public"•use of the property is more in concert with an interim "private" use which extends the use to a large number of populace than is a course of letting the property lie fallow or continue under a marginal caretaker operation. Montessori - There is substantial benefit to the City with a year's lease with option to renew for a second year negotiable and/or lease tenets included to protect our interests by first right of refusal. Newport -Rivera = I leased this property from the State because I felt that the Corona del Mar area had a very real need for the services of our Early Achievement Center. We have tried very hard to meet the needs of the community both for the working mother and mothers who need to be free to join community projects, self improvement, and the like. We have worked very hard to make our school a credit to the community. Regarding maintenance; we have painted inside many classrooms. Also, the outside trim has been painted as we felt the need arise. We have consciously maintained and improved the grounds and a1.1 "above ground" plumbing. The administration building has been improved by the addi- tion at our cost of kitchen facilities. We also carpeted classrooms and added bookshelves and certain blackboards.' The sprinkler system was inoperable due to lack of timing device which we added at our expense. Plants in the front of the school were also added at our expense. The entire fencing around the school facility was added at our cost. For these many reasons, it seems to me, therefore, that in all fairness, your kind consideration should first be given to me in re -negotiating a new lease since it is I who have put so much into the present Newport - Rivera Early Achievement Center. 'We Carden School er Corona Del Mar . September 51 1975 JUDITH WILSON, Director City Attorney The City of Newport Beach 3300 Newport Blvd. Newport Beach, Calif. 92660, Dear Sirs: When we moved into the facility at Fifth and Marguerite avenues in Corona del Mar, we allowed the City, as our landlord, to store some property of the prior tenant in one of the rooms. It was our understanding that the need for such'storage would cease after 30 days. The 30 days have expired and we will no longer be able to accommodate the storage of this property at our facility. NOTICE OF INTENT 11clxrday; Septeinher wi -1 er an c'ause- be delixered to our facility storage devices of suitable .e{and quantity to contain the property of the prior Cant. We intend to load this. property (with the exception large items such as playground equipment) into these. ,ices. We will then transport the containers and all of prior tenants property to the City Yard of Newport Leh where it shall -b.e deposited. We shall seek iuneration from the City of Neewport Beach for the It of performing this storage and transfer: Yours -truly, eohn D. Wilson EXHIBIT 2 2900 Pacific View Drive 0 Corona Del Mar, California 92625 a (714) 6-10-4181 4201 . Green a297 • tlihite -_ _--_ Carden_ School Payrteat-pecord,_- t Date }_Payment— of I Gross- -- I Deduction _i _ --- -- --- t— ----- _� 7 I l It 0, ell - ! 3 1 I' j 1 y 9 III w. I 1 I I ,( I _ II I 't t 3 I 5- J !�, 1�- — 87 _ c_tci 3C�oc?'; �' - —( y y I o_ c�c�a - - _)cam.4. ' _-�I__3`•j - ! ^ (__ !f c0Cn� �t 6VDcS�1 - ss ��i -_L� --8- il �Fi. _- f �--.�i 1-L}i 4II1II s r ._-_ ; �I^l -- . "'tt•� lj!Ii ...�- - ' I�( 777-7 jIt�i�` �I�I,I';'� __!I�'I��i 11ss42 C {�Ii ~ �(fi1�rc�;4a�Ii Il! r,A/-r 1 l I1 18.__ vl zo i :I_1 —� 2 _� z 221 1 I i _ 4 I 1 2 23 _ _ - _ I _ 2 • i —1 -2611 i _ I I 1 'I I I r2 12 _ 27 !! I - --•+ 29 �� _ -- - -- - - _ - I _ - - _( - I' ( - 2 2 314 -C 3 f - 3 34 ! 333 - �•j �' j �. 335 • • April 9, 1975 Mr. Robert Long City Managers Office City of Newport Beach 3300 Newport Blvd.. Newport Beach, CA 92660 Dear Mr. Long: ` c Carden School Verona D4 Pffasi JUMH WILSON, Director We are interested in leasing, on an interim basis, the entire facility located on the North-East corner of 5th and Marguerite in Corona del Mar. We understand that this facility is currently under a three year lease from the State of California and that the current lease expires in August 1975. eT -. alsoo-understand that .tlie..Cit .0 w '11-.eiz t ally develop4 this- property: €or publ:icuse. As prospective tenants we offer the city significant benefits. o We are-_current3_y-,,pl nn; ng�-:t the deve-lopment; n£-ra opermanent uture'school„facility._]:.#,_would likel.y_be-possible for us to synchronize our plans with those .o£ fiie_clty to insure optimal land utilization and rental. -Income during the city Is planning and funding cycle.... We;,can; arrange to leave when the_city is ready -to bu:i:l:d o We offer a high quality product in'keeping with the image of Newport Beach. We would naturally expect to upgrade the appearance of the facility during our tenure. o We are faced with a tremendous demand for student space, primarily from children who reside in Newport Beach. Our tenure of the facility would insure its use by a sizable -number -of the citizens of our community d'uuzing,,the�.,interi.m�period-pend ng-c ty-rdeve1opment ,far,px�b]-ic...use..,�o We would appreciate a timely meeting with you to further discuss our proposal. Thank you. sincerely yours, 0902 %� allIBIT 4 n D. Wilson 00Pacific View Drive 0 Corona Del Mar, California 92625 0 (714) 640-4181 eltarden Pf Corona Del Maw JUDITH WILSON, Director n A P OP.QS_AI TQ LZASE THE' -IMPROVED -PROPERTY -AT THE NORTH-EAST CORNER OF FIFTH AND MARGUERITE FROM -THE CITY OF NEWPORT BEACH ON A TEMPORARY"BAS=S_ APRIL 14, 1975 SUBMITTED TO: THE CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CALIFORNIA 92660 We submit this data for the purpose of evaluating our offer to lease certain property and request the City of Newport Beach to use discretion in selectively distributing this data for that purpose only. WBIT 5 2900 Pacific View Drive 0 Corona Del Mar, California 92625 • (714) 640-4181 GENERAL We desire to, obtain a_ temporary-3:e4:sehold 'to --certain. improved --property which the-City•of-•Newport Beach is allegedly purchasing from the State of California-. The property of consideration is located on the North-East corner of Fifth and Marguerite Avenues in Corona del Mar, 'California.. At this time the facility on this property is operated as a day-care center under the name "Newport Riviera Early Achievement Center." We understand that the owner of this operation has a three-year lease with the State which expires July 31, 1975. A schematic figure depicting_ the property is shown on the following page. Our interest is in the graded portion of the property bounded by Marguerite Avenue on the west, Fifth Avenue on the south, and by the distinct graded shoulder on the north and east. This lot measures approximately 250 by 510 feet or about three (3) acres net. our usage would be restricted to this area. While understanding that Ehe City will ultimately _ develop this property for public use, we propose to - enter into a lease agreement whereby we shall o]atan use of the property on an interim basis pending thel, formulation of the City's eventual development pTaa Our school began operation in August 1974. While -less than a year old, we have already found a sizable and growing demand for enrollment'in our school. •YWq•, have._ held d's.s »ss ix -with the; Irvine Company as we]d� as with others.regatdinT_ the development of -.a future permanent facility..fori:our school': aWe rook forward to. such an eventuality:: At this -time; however,'W6R have outgrown our present•facility_and must -find 'a"�> larger. ,temporary, facility fbr the--nex:t_tHwc -to, f6ur-years. SHOULDER I (GRADEDLOT) 5th STREET SCHEMATIC OF PROPERTY AND IMPROVEMENTS FENCE ASPHALT W- PROPOSAL PARTIES This proposal is submitted to the City of Newport Beach, hereinafter referred to as the "City." This proposal is submitted by: John D. .and Judith A. Wilson (husband and wife) 2017 Miramar Drive Balboa, California 92661 Telephone 673-6146 DBA: The Carden School of Corona del Mar 2900 Pacific View Drive Corona del Mar, California 92625 Hereinafter referred to as the "School." The school's legal counsel is: Virtue & Scheck, Incorporated 270 Newport Center Drive Newport Beach, California 92660 The school's insurance counselor and'broker is: Milum/Garvey Insurance Brokers, Inc. 1617 Westcliff Drive Suite 204 Newport Beach, California 92660 MONTHLY RENTAL The school proposes a monthly rental for the entire facility of $1875 per month exclusive of any taxes, maintenance, or utility expense. This rental equals $22,500 per year and'is approximately 214 NNN per square foot per month. MAINTENANCE AND IMPROVEMENTS The facility and grounds are in very poor condition and are unsuitable for school use as is. The school will therefore, at no cost to the City, -paint the buildings, weed and landscape the areas bordering Fifth and Marguerite Avenues, and reestablish the playing field area to the east of the lot. Needed plumbing and other repairs will be performed. The school suggests a reasonable period of time, say 120 days, be allowed for these improvements to occur. The school will guarantee the performance of these specific items. TERM AND CANCELLATION OF LEASE ,The.. schoo-L' suggests-a-fexur--year.elease, cancell-ab-lebaunilatesally .py the.. city-upon-deliveriz.-.af..a._oxke,-yearr'. not:s:ce. TAXES The school would be liable for any property taxes assessed as a result of the temporary private use of public land. INSURANCE The school is prepared to meet all insurance requirements of the city for the use of the property as a school. LAWFUL OPERATION The school will agree to operate in a lawful manner, obeying all laws of all governmental jurisdictions having relationship with business or school.operation. BENEFITS TO THE CITY• J,o Revenue - the school will utilize approximately one-half of the gross acreage bein urchased from g p the State. In return the school will provide the city with an annual return on the full purchase price of five percent (5%). The city will thus realize a return equivalent to a typical demand savings deposit while the school utilizes the property ;Synchronization with the citv`s plans --the, 'proposed term and,cancellatiori will allow -the city ifieedom tov adjust their planning- and" funding- cycle for,;the.'propert.y to future reality=while insurihy. rental income until. development- ism-L:rh cafiTy begurk. o Upgraded appearance - the property is severely .run down at this time. The school's tenure under this proposal would result in an upgraded appearance of the property at no cost to the city. '/ o Inhanced image - the school offers a quality product which is readily recognized as such by many people. This quality is reflected by the demand for enrollment space in the school. As a growing, successful and respected enterprise the school will help raise the image of the surrounding area. j o Extended utilization - the school's present enrollment waiting list will at least double the number of.students which presently use the facility. The intended end "public" use of the property is more in concert with an interim "private" use which extends the use to a large number of populace than is a course of letting the property lie fallow or continue under a marginal caretaker operation. TERM OF PROPOSAL This proposal is valid until 72 hours following written notice of cancellation by the school The school fully understands that the city does not expect to acquire title to the property until as late as July 1, 1975. The school requests the city to consider a lease agreement, or an agreement to enter into a lease agreement, contingent.upon successful acquisition of title. The school's purpose in this request is based -upon several unavoidable realities which render a requirement to wait until June or July tantamount to a flat denial to lease.. Enrollment - the school presently has a waiting list for enrollment. The number of students which can be admitted is dependent upon the physical measurements of the facility which the school will use in the Fall. The school is under serious pressure to firm its enrollment commitments prior to the end of May or face loss of enrollment. o Purchasing - the school purchases specific classroom equipment and materials for each student. There is lead time required on some of these items in excess of three months. o Teacher Training - the school sends all of its prospective teachers to summer courses on the Carden Method. The number of teachers to be hired and trained is dependent upon enrollment and facility factors which must be known before the courses commence in June. o Licensing - the school is offering a three and four-year old program in the Fall. A license from the State Department of Welfare is required. Application for the license cannot be made until 'a facility has been selected. The time required to process an application is from 45 to 60 or more days. o Preparation - if the Fifth and Marguerite property is to be used by the school, several months of planning as well as several weeks of needed improvements must be performed prior to commencement of Summer \ School in August. i .� CITY OF 1-TEWPL O T BEACH CALIFORNIA szsso May 22, 1975 Mr. John D. Wilson The Carden School of Corona del Mar 2900 Pacific View Drive Corona del Mar; California 92625 Dear Mr. Wilson: Attached—please-firuL a. copy 'of a report concerning the 5th and Marguerite, Street property. This report will be•considered at the City ,Council's Study Session of May 27, 1975 at approximately 3:30 p.m. We would suggest that interested parties be -present at this meeting.. If you have -any, questi'ons', please feel free to contact me at any_.time. Very. truly. yours, ROBERT J. LONG Administrative Assistant to•the"City Manager RJL:pg Attachment C[tyffall 33UD Newport BIrd. (714)673 2I10 EXHIBIT 6 T;r1lu attorney at law DOROTHY LEVIN attorney at law SASKIA ARTHUR attorney at law November 5, 1975 LAW OFFICES OF Orano ant, Office 5249 Lampson Ave., Garden Grove, CA City of Newport Beach City Hall 3300 Newport Blvd. Newport Beach, California 92660 Long Beach Address P.O. Box 15278, Long Beach, CA 90815 Re: 5th and Marguerite School Lease Site Attention: Hugh R. Coffin Assistant City Attorney Gentlemen: I have spoken at length to Mrs. Des Brisay and she is willing to accept your offer to waive all charges and return her possessions. However, there are two problems: ',Because Mrs. Des Brisay has been treated so shabbily,, ,by the tenant who Meg•alIy confiscated her —belongings,'( as her landlord we shall expect you to deliver the merchandise at a warehouse of our designation; and, that someone of your stature and position be present in order to insure that all of the items on the inventory are in fact returned to Mrs. Des Brisay. The file reveals an abhorrent treatment of a taxpayer and I am certain every effort on your part will be made to correct these discrepancies. Your courtesy and cooperation will be sincerely 213 421-1777 714 898.3396 EXHIBIT 7 Sch-66 .- Lard' Lease' Given, t " Ne.wporf OK vfzwpon BEACH —With Mayor Donald McInnis return- ing to break the deadlock', city council this week voted 4-3 to lease three acres of property to a private elementary school for an ;indefinite period but less than a year. On May 27, the council mulled a proposal to lease the parcel, at' 5th Street and Marguerite Avenue in Corona del Mar and the • three buildings on it to Carden School, the "highest of three bidders, but tied 3.3. Mc- Innis was absent: The land is part of a 0-acre property which the city bought . from the state for $450,000 • in April. The six acres are part of tire'former right of way for deftinct coastal freeway. • Peter Barrett, John Store and Lucille Kuehn voted against the lease, arguing that it might interfere with tentative city. plans' to build a senior citizens center on the portion of the ,property to be leased to Carden School. Tile city has applied for an •$113',000 grant from the federal 0)epartment of Housing and Ur- ban; Development to construct sueb a center. But; McInnis, speaking for the majority formed by his return, saiQ'that to hold up the lease of the property because of the pos- sibility of building the ,center would be to "put the cart in front of the horse." The city doesn't know wheth- er it will get the grant and, because of strings that might be attached, whether it will accept the grant If it is offered, Mc- Innis said. In the meantime, the city would be better off to collect rent; at the rate of $22,500 ef- ' ferea by Carden School, In addi- tion„ he stated, the school has agreed to maintain the build- ings.on the site, said by a city stafa report to be deteriorating. In`the past, the site has been used"b"y the Harbor Area Day . School, but its lease has ex- - " W 0 ( 4:/JA 4/;Is— NB Acreage For Provafe School NEWPORT BEACH — councilmen this week voted to lease three acres for a y to a private elementary seb subject to a 6"ay written c collation cotice. The council had agreed principle on June 0 to lease parcel, at bth Street and M guerits Avenue !In Corona Mar and the three buildings It to Carden School, We high of three bidders. The land is part of a 66ae parcel the city bought from V state in April, which was part the former right-of-way for t] now -defunct Coastal Freeway. Councilwoman Lucille Kuel opposed the lease, saying that might interfere with tentatf City city plans to build a 'senior 6-1 citizens center on the portion % ear the property to be leased to tbel 01, school. an -But several council members in favoring the lease said the son. the for citizen center plans are notl ar, advanced or certain enough for del the city to pass up the $4,660' esE annual• rent the city will getl from Carden School. p��gWPpRT Deportment CNtip -g r of Community Development DATE: November 8, 1976 TO: Tim Cowell, Advance Planning Administrator FROM: Pat Temple, Assistant Planner SUBJECT: Carden School Lease Monies The stated amount of the lease by the Carden School of Corona del Mar of the school buildings at 5th and Marguerite Avenues is $1,875 per month. There i.s, however, some reduction to this amount allowed each month for•storage and trash removal as -well as some required repairs. During the first year of the lease, Carden•Schobl paid $20,604.14 to the City; $7,500 of this was transferred to the State of California during the transfer and re -acquisition of the property in early 1975. The remainder in the City account was $13,104.14' or ah average of•$1,638 ,per month for the first year of the lease. During th'e current year, a total of $8,709 has been 'paid for five months of the lease, for an average of $1,742 per month. If the 'lease payments during the current year continue at an average of $1,742 per month, $20,904 will have been paid at the conclusion of the current year lease. The total amount in the lease account to date is $21,813.14. The total over the two years will be approximately $34,000. PT:jmb u. -4" 3) �gWPpRT Department C'9ClF0 vgk of Community DATE: November 8, 1976 .00 Development TO: Tim Cowell, Advance Planning Administrator FROM: Pat Temple, Assistant Planner SUBJECT: Lease of 5th and Marguerite site in Corona del Mar Since the City gained title to the land located at 5th and Marguerite Avenues in Corona del Mar, the eastern portion of the property has been leased to the Carden School. This property, acquired with HUD Block Grant Funds, has. been leased as an'interim use during the development of plans for a senior citizen center. There are two sections in the rules, and regulations of the HUD Block Grant which apply to the situation of the school lease. Section 570.200(a)(7). Eligible Activities states that disposition by lease of real property acquired under the grant is eligible provided the proceeds are expended only for eligible activities. Section 570.201(a)(4): Ineligible Activities includes schools as expressly ineligible. In the HUD'Block Grant contract signed with the County of Orange in the first and second year of the program, the city states that the existing buildings will be "leased on a temporary basis for private school purposes as an interim use". Since schools are expressly ineligible under the Block Grant, the lease is legal only as long as the school does not become the beneficiary of the grant. Therefore, it appears that the lease can be only an interim use until ultimate development of the senior citizen center, which is the approved project under the grant. This position is supported by a letter from the County Counsel of Orange County in which a conclusion that "the interim lease will not jeopardize the eligibility of the land acquisition activity" is reached. The Los Angeles Office of the Department of Housing and Urban Development has taken the position that the City of Newport Beach has outlined a three-year community development project in the Urban County application (land purchase and development of 'a senior citizen center over a three-year period) and that HUD will' expect the City to complete this program and establish the senior citizen Center, regardless of the new entitlement status of the City. Thus, it appears that HUD expects development of the senior citizen center in the third year of the City's program. Based on this HUD position, any further extension of the school lease could jeopardize the eligibility of the City's program. Attached are excerpts from the City's communications and application materials which relate to the school lease question. PT:jmb R -13- M of such activities. The Executive. Officer shall examine such progra:a des- cription or any amendment or addition thereto and shall, in his sole dis- cretion, consistent :with the intent of this Act, approve or disapprove the ` same. County shall not be liable for•any costs erhich exceed such projected costs unless approved by the Executive Officer. The above program shall be designated as follows: Project Title Land Acquisition for Senior Citizens` Center Contract Category No. (CCN) Calculation of Project Cost: S100,000 Project Description: Partial payment for acquisition of 5.97 acres at Marguerite and Fifth Avenues, Newport Beach for a Senior Citizens' Center. The property is described as -being in -Blocks 93 and 96 of the Irvine Subdivision, Tract 6228 as recorded on pages 1-88 and 2.29-26 thru 32 inclusive of the Miscellaneous Maps of the County of Orange, Ca. Approximately 3.61 acres of this site on the northeast corner of Marguerite and Fifth Avenues is to be leased on a temporary basis for PE ivate scfiool purposes as an interim pse, with a ease monies maintained in a separate account not to be mingled with city funds and dedicated to the establishment of a senior citizens program. If this land is -sold the City of Newport Beach will comply with -all federal rules and regulations in regard to the disposal of Iands .obtai•ned under the Housing and'Community Development A.ct of 1974'. Expenditure Schedule: $100,009 :will be expended on August 15, I975, or later if grant -monies are not available by this date,' as partial payment for the site on Fifth and Marguerite -Avenues. Project Title Establishment of on -going Housing and Community Program including a citizens.advisory committee -Contract Category No. (CCN) Calculation of Project Costs: $13, 697 Develo,d Project Description: Establishment of an on -going Housing and Commun Development Program which includes a citizens advisory committee for the identification of community needs, establishment of long and short term goals and objectives, and program developinient. the committee will research, survey, and take public testimony to acquire this information. Expenditure Schedule: '., a I.N ..,.. FOR September 12, 1975 CITY OF NEWPOIVr BEACH CALIFORNIA 92a6o ME C O- e Mr. H. G. Osborne, Director Orange County Environmental 811 North Broadway Santa Ana, CA 92702 Dear Mr. Osborne: DO IN4T 3Ei,DVE Management Agency' City I-Iall 3300 Plawport I3Ivd. (714)573-211O As a result of your letter of September 5, 1975 (whi n stated your agency's conclusion that the acquisition'of the property on Fifth Avenue in Corona del Mar for a Senior Citizens' Center is not eligible under the HUD Block Grant Program), I have met several times with staff members of the Housing and Community Development Branch of your Agency. In addition, on September 11, 1975, I attended a meeting at the HUD office in Los Angeles with Ms. Lynn Dantzker•and Mr.Manuel Manzo of your staff and HUD officials Mr. Herbert L. Roberts, Mr. H. Richard Thomas, Mr. R. B. Rosenstein and Mr'. Pedro Newbern. The discussion at this meeting indicated the need for a fully - documented chronology of events in order for HUD'officials to make a final determination on the eligibility of this project. As a result of these discussions, it is our belief that the Fifth Avenue land acquisition project is eligible for funding under the Block Grant program and that the problems involved are of a technical nature which can be resolved. We firmly believe that the sincere intent on the part of the City of Newport Beach to fully comply with both the spirit and letter of the Housing and Community Development Act of 1974 is evident, and feel -that the compilation of minutes, resolutions and other material'discussed below (and attached to this letter) is irrefutable evidence of this sincere intent. Further, we feel that it would be a most - unfortunate disservice to the objectives of the Housing and Community 'Development Act of 1974, and to the needs of senior citizens in Newport Beach, if this project were denied based only upon a technicality. Thus far, no one (locally, at the County level, or at the HUD regional office) has voiced any objection to the use of Block Grant funds for a Senior Citizens' Center. In fact, this use of the Block Grant- funds, appears to be especially appropriate, and the Senior Citizens' Center land acquisition project is included in the approved Orange County "Urban County" application. The only question is with the acquisitio of the particular site on Fifth Avenue in Corona del M-ar, which appears to be the most desirable and feasible site, based on concentrations of senior citizens in the area and the character of the property. 1 1 Mr. H. G. Osborne, Director Page Two September 12, 1975 Our understanding is that the technical problems which have •been raised in connection with the use of Block Grant funds for the purchase of the Fifth Avenue site include: 1) The signing of the agreement between the City and the State .Department of Transportation (owner of the property) for purchase, and the payment of a $5,000 option, prior to the June 17, 1975 date, at which time the County's Block Grant application was approved; 2) The (inadvertent and premature) transfer of title to the property prior to the June 17, 1975 date of approval of the County Block Grant application; 3) The City's payment of $100,000, plus interest, to the State Department of Transportation on July 1, 1975'(as called for in the agreement to purchase) and the fact that, although this occurred after the June•17, 1975 approval of the County's Block Grant application, this payment was made prior to finalization of the environmental review process; and 4) The interim lease of an existing building on the site to a private school. In regard to problem No. 1, it is our contention that the signing of the agreement to purchase the property on February 26, 1975 and payment of the $5,000 option should be construed as "planning and preparation for the implementation of this activity", which "planning and preparation",'as stated in the attached letter from the HUD Acting Area Director, dated August 27, 1975, is acceptable. This agreement and option was necessary in order to preclude the sale of this property to a private individual and to preserve the option for planning and preps -ration for the Senior Citizens' Center. Also, this agreement and option did not'irrevocably commit the City to the purchase of this property prior to the approval of the County's Block Grant application; if the County's Block Grant application (which specifically included this land acquisition project) were not approved, the City of Newport Beach would'not have proceeded with the purchase. Thus, the signing of the agreement and payment of the option were not commitments to a Block Grant project prior to approval of the application and it is obvious, as will ,be further discussed below, that the City of Newport Beach did not intend to purchase this property except as part of the Block Grant program. . In regard to problem No. 2, the transfer of title to this property from the State to the City (recorded on May 2, 1'975) was done inadvertently and prematurely at the convenience of the State Department of Transportation, as indicated in the attached letter from Harry L. Kagan, Chief of the Division of Right -of -Way. It was the City's understanding that title to the property was not to pass until the County's Block IN Mr. H. G. Page Three September Osborne, Director 12, 1975 Grant application was approved, which it was generally agreed would undoubtedly occur prior to July 1, 1975 (the due date for the first payment per the agreement to purchase). Thus, it is our position that the City should not be penalized for a technical "error" resulting from an action by the State Department of Transportation, and that the premature transfer of title should not be construed as'an indication that the City of Newport Beach consummated the land acquisition project prior to the June 17, 1975 approval of the County's Block Grant application. As indicated in the letter from the State Department of Transportation, they are willing to reclaim the property, and later reconvey it to the City, if necessary to correct the inadvertent error in timing. We'would hope, however, that this is not found to be necessary. Regarding problem No. 3, the payment of $100,000,plus interest, to the State on July 1, 1975 was an action taken by the City's Finance Department in accordance with the property acquisition agreement and after the City had received notice that the County's Block Grant application, including the Newport Beach land acquisition project, was approved. The July 1, 1975 date for the first payment was included in the land acquisition agreement based on an indication from 'the County that Block Grant program activities would begin on, or shortly after this date (per the attached May 7, 1975 memo from the County to all participating cities). While we were aware that environmental -review under NEPA was required for the use 'of Federal funds, this requirement.was to be taken care of by the County, as the applicant, prior to disbursing any of the Federal funds to the City. (Attached are copies of the "Notice of Finding of no Significant Effect", "Notice -of Intent to Request Release of Funds", and "Request for Release of Funds" as filed by the County.) The City did receive a copy of the "Financial Procedures Guidelines" (attached) from the County, which includes the statement that "all funding depends on the satisfactory completion of the -required environmenta assessments"; however, this statement does not say that payment for an activity cannot be made prior to completion of environmental assessment, but merely that Federal funding "depends" on this completion. It was the City's understanding that the provisions of NEPA would be satisfied so• long as the environmental review were completed, with HUD deconditioning of the project, prior to the use of Federal funds. Thus, the City's payment of $lo0,o00, plus interest, was made based on an assurance that the County's Block Grant application, including the Newport Beach land acquisition project, was approved and with the understanding that, as soon as the environmental assessment was completed, the contract with the County would be signed and the City would be reimbursed for this expenditure of City funds for an approved (as the City was led to believe) Block Grant project. Mr. H. G. Osborne, Director Page Four September 12, 1975 It would appear that no violation of the National Environmental Policy Act (NEPA) has occurred, or will occur, since the environmental review procedure has been conducted by the County' and since a "Negative Declaration" has been filed, pursuant to NEPA, on this land acquisition project. All that remains is for HUD to decondition this project, which must occur prior to the use of Federal funds. Thus, it is the City's point of view that the land acquisition project cannot be found ineligible based on environmental regulations. Regarding problem No. 4, an existing building on the site was leased to a private school, on an interim basis, in order to provide for some productive use during the study and planning for the Senior Citizens' Center and to provide a.rldd"itional funds for the development of the Senior Citizen facilities. This interim lease, a copy of which is attached, can be cancelled by the City with 90 days notice. The monies received from this lease are placed in a separate fund which, as the City Council has.directed, will only be used for the Senior Citizens' Center. It was the City's understanding, based on conversations with the County staff and our own review of the Community Development Block Grant regulations, that the interim lease would be acceptable as long as the funds were, as stated in Section 570.56 of the regulations, "retained by the recipient and, in accordance with the grant agreement, added to funds committed to.the program and used in accordance with the provisions of this part." (The attached contract with the County for disbursement of the Block Grant funds, as approved by the City Council on August 25, 1975, contains a specific statement 'requiring the lease monies to be used only for the Senior Citizens' program.) If, however, this interpretation of th.e regulations is in error, the City of Newport Beach would agree to cancel the lease immediately, rather than jeopardize the Senior Citizens' Center project. In conclusion, it is the position of the City of Newport Beach that the Senior Citizens' Center land acquisition project is particularly consistent with the intent of the"Block Grant regulations and should not be denied based on technical problems. It is very apparent that the City of Newport Beach became involved'i.n this land acquisition project only as a result of the Block Grant program and the considerable citizen' support for senior citizens' facilities, as expressed at the public hearings held early in the development stages of the application. (Attached are minutes of those public hearings.) As evidenced by the attachments to this letter, it was the sincere intent of the City of Newport Beach, in proceeding through the Block Grant application process, in conjunction with the Orange County "Urban County" Block Grant application, to fully comply with the Federal regulations. Any -technical errors resulted from the -newness of the program and the pressures of the extremely - limited time period; certainly these technical errors did not " result from any attempt to circumvent the regulations. of w Pair. H. G. Osborne, Director Page Five September 12, 1975 In comparing the Newport Beach activities to other cities' proposals, it is readily apparent that our proposals are as consistent with the intent of the Block Grant regulations as any, and more consistent than most with the objectives of benefiting low and moderate -income persons. Certainly a Senior Citizens' Center more directly serves disadvantaged persons than such other "approved" projects as street improvements, sewers, acquisition of open space and historical sites. Attached, for documentation of this letter, is an appendix containing a chronology of the events which occurred from the time the County invited the City of Newport Beach to participate in the "Urban County" application to date, and all documentation of these events. Please forward this letter and the attachments to the appropriate HUD officials for their review and a final determination, which we trust will be favorable and which will allow the City to proceed with the Senior Citizens' Center project at the Fifth Avenue site. Thank you for your - continuing assistance in this program. YqlLrs very truly, A, Robert L. wynn City Manager RLW:TC:jmb Attachments 0 00 F G)� o C3> U "_r1's' C�) T_= o (::( ):'i) FtA—\ Q Ci a 5 1975 ENVIRONMENTAL MANAGEMENT AGENCY Oil NORTH BROADWAY SANTA ANA, CALIFORNIA H.'G. OSBORNE DIRECTOR , Mr. Robert L. Wynn City Manager _-City of Newport Beach• 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Wynn: ' MAKING AOOASSJ: P.O. BOX d043 SANTA ANA, CALIFORNIA 92702 FILE The activity, "Newport Beach: Land Acquisition for Senior Citizens Cenfer," was approved by the Department of Housing and Urban Development (HUD) as part of the County of Orange's Housing and Community Development Block Grant Application. The date of official approval was June 17, 1975. Recent communication with the Newport Beach Planning Department has identified a recently purchased parcel on 5th Avenue between Narcissus Avenue and Jasmine Avenue as the' proposed site for the approved Senior Citizen's activity. Our investigation of this proposal indicates this site is not eligible under the Housing and Community Development Block Grant Program due to purchase of said property prior to official approval of our Block Grant application on June 17, 1975. It is felt that although this particular site has become ineligible, the activity is technically still an approved activity under the County of Orange's Housing and Community Development Block Grant program. Monies for this activity will be available if a definite proposal is developed which complies with the Act and the desires of the citizens of Newport Beach prior to November 1, 1975. Among the alternatives to be considered are the choosing of another site, the development of an entirely different activity for this first year, or possibly holding over the funds until next year. Our staff is available to expedite this change in order to achieve a full commitment of these first year funds. Your cooperation throughout these months involving this issue has been greatly appreciated. We strongly regret the unfortunate delay in resolving this matter. However, we look forward to the development and implementation of a viable and ongoing program under this block grant with the city of Newport Beach. Very truly yours, H. G. Osborne Director O COPY MM:ps Attachments DO NOT REMOVE ORTMENT OF HOUSING AND N DEVEI-OPMENT « t1•'i LOS ANGELES AREA OFFICE 2500 WILSHIRE BOULEVARD, LOS ANGELES, CALIFORNIA 90057 REGION IX AUG 2? 7975 450 Golden Gate Avenue _ P.O. Box 36003 San Fronpiseo, CQUIOMI4 94102 Mr. Reed Flory, Manager Housing and Community Development Branch Environmental Management Agency P.O. Box 4108 Santa Ana, California 92702 Dear Mr. Flory: Subject; Community Development Block Grant P•xogram Application No. B-75-UC-06-0504 Land Acquisition - Newport Beach IN REPLY REFER 9.2DMB-N This letter is in response to your letter of July 16, 1975, requesting an interpretation of events and a statement•of procedural adequacy, involving the City of Newport Beach and a land acquisition activity of the Community Development Block Grant Application for the County of Orange. The activity identified in the CDBG Application as approved for the County of Orange on June 17, 1975'wase Newport Beach - Land Acquisition for Senior Citizens Center Any action prior to such approval date -which involves more than planning or preparation for the implementation of this activity as referenced in Section 570.302 of the June 9, 1975 Federal Register is cons-idered.to be ineligible_ Consequently, if the subject activity was actually commenced prior to the June 17, 1975 approval date, such activity is not eligible for funding under the CDBG Program. —2— You are, therefore, advised as -the applicant representing the City of Newport -Beach, to consider amendment of the approved program to reflect an eligible community development activity as per Section 570.305 of the June 9, 1975 Federal Register. Any further clarification or questions should be directed to Your Community Planning and Development Representative, Mr. Pedro Newbern at (213)688-'5860_ Sincerely, Area Director I t iONDAY, JUNE 9, 1975 WASHINGTON, D.C. Volume 40 M Number III PART V �f9�•L "' . !-NA ct 9T A��I) Uwe AN a w Office o� Assistan j" eac ary* for cC9rwiluni$y i� i� •. and Devel6pment e 237co • M RULES AND REOULATIONS calved by I -IUD by April 15. 1075. Pro- (b) Subsequent program years. I7re incurred pursuant to this section cony tided, further, Miat all counties which second Program Year shall normally Le- not exceed ten Percent of the applicant's have been ndrL-ed by HUD of either final gin twt lve months after the begir ling entitlement amount and must be Putty qualification or preliminary rero.-nidon date 0f the fist Progrrtn year. however, documented in the applicants' files, (2) for qualification as urban counties under au applicant may ragacbt to shorten the After January 1, 1975, an appitcant may ' $ 510.105 m ny have their deadEno for submission of theirappilcations extended first Prrram year by no more than three calendar months in order to meet incurr cots not to exceed tell percent of its entitlement io May 15, 1975; provided, however, that ur: ant local needs mid objectives, to re- amount for ally of the purposes set forth in § 570.302(b),'Such the request for such an extemlon has flect activity funded with Fiscal Year lticurred cost must be duly nuthorized been received by the MJD Area O.Tlce by 197:1 appropriations for the urban re- in advance by a resolution of the local April 15, 1975. Cooperation agreements, newal mid model cities Programs, or to governing body. Reimbursement by llUD • wbere requited for urban counties, shall 'conform the program yr-ar.to State or lo- for such incurred cost Is subject to the be submitted not later than fifteen days cal budgeting requirements. The nppli- applicant's submitting a request for ad - at ter the date art application from ari ur- - cant !hall not submit an application for Vance pursuant to § 570.30'3(a)., Upon hen coinh•has been received for procczs- a program year begirrin, prior to the satisfaction of the requirairmhts of this Ing In 11UD. Prfor to the earliest date for end of the preceding twelve-r:onth pro- paragraph,11UD will recognize for reim- submIsslon of an application for each grain year without the Prior concurrence bursement from the advmice only such " fiscal Year. IIUD will provide all appl(- Of the IIUD Area Office. costs as are incurred on or after the cants 'with fortis and instructions, in- eluding the actual or estimated '�"°"�""""°�"""�" § D10.30_ Advnuccn o£ funds and aunt°r' date o[ rife resolution a£ the governin ' g entitle- Ment amount. Entitlement applicants wjshIng to apply for discretionary grants iz lion to incur coats. (a) Request for advance. For the first - poly. - (3) After January 1, 1975, an appll- shall follow the procedures deseribed in 'program year beginning after January 1, 1975. cant may incur costs in excess of ten Percent of its entitlement amount, but Subpart E, APPlicattous and Criteria for an applicant tray request an ad- Vance of funds in an -mouth not to ex- not to exceed 30 percent of its entitle- (b) Upon recat n� advice from HUD coed ten percent of its entitlement ior ap- proval of IIUD, for purposes set forth n i fort the application has been shall rile applicant shall matte make proceonce amount. A request for advance may Area ` the appropriate HUD Arca § 570.30^-(b) for which no new environ- - reafor air ietisonable efforts to infonn citizens !n- can no ar O�,ce no earlier than December 1, 1974• mental review is required under 24 CPR 58.19(c). valved in the local citizen participation An advance of funds may not be tip- Such incurred cost must be duly authorized .In advance by a process that the application has been submitted to HUD and Is available to Proved prior to January 1, 1975, and the applicant's Program year does not begin resolu- tion of the local governing body. neim- Interested parties upon request. This re- until approval of a full application for a burhemen'L by HUD for stick Incurred cost is subject to their meeting the re uire- - . quirement may be satisfied by publica- grant. The request for advance shall be ments of, and being Included in, nap- ; tlon of a notice to that effect In a pert- odlcal or general circulation In the juris- in it form and manner prescribed by EUD and shall Identify and estimate the plleation submitted pursuant to § 570.- : diction of the,appllcant. cost of the activities to be carried out 303 and approved In accordance .with § 570.306. and to compliance by the (c) Meeting the requirement of OLfB Circular No. A-95. Applteathts must com- pith the advance. Upon HUD approval of the advance, the applicant will be ahr- ap- plieant with 24 CFR 58.19(c) last son - ply with the procedures set forth in O-MB thorl7ed to Incur carts from January 1, tence, 2.4 CFR 58.11 (a) anti (g) and 24 CFR 58.30. Reimbursement by IIUD Is Circular No. A-95 which require the sub- 1975; or the date the advance "'as re- also subject to Prior compliance with 24 )nlssion of the application, and mid -pro- quested, whichever Is later, for any pur- CF•R 58.31. Upon satisfaction of the gram year amendments as set forth In pose for which the advance was ap- re - Pa qutrements of this R'iregraPh. HUD quirecremee $ 570.305(a). to the State and areawlde clearinghouses fog review and comment Droved. (b) Eligible uses of advance funds, for rhis will . s"raph only such" prior to submission to HUD. For Fiscal Advance ftinds will be made available costs as are Incurred on or after the date of the resolution of the governing body. Year1075 submissions only, the Officaof Zorthefo2owingpurposes: -- - - - . , Management and Budget has granted an (1) To plan and Prepare for the fin- § 570.303 Applicntion rc_4p:iiremcm3. exception to the length of review time for Plementadon of activities to'be assisted-' An application for a !;rant shall con - block grant applications to permit clear- under this part; and form to and be limited to the prescribed inghouses a sin;;le 45-day period for re- (2) To continue Previously approved HUD forms and shall Include the follow.• vlem In addition, clearinghouses should urball renewal (including Neighborhood Ing (term, divide their roilments into two sections, The first will cover coaunents relating to Derelepment Fro gMnl and federally assisted code enforcement) activities (s) COmtnu)IitY development piansum' , facts and data relevant to ILUI)'s mailing being carried out under Title I of the Mary. Tile application shall Include a nts statutory determination on the aPPII- Housing Act of 1,0.9 and/or previously summary of a three-year community de- cation in accordance with § 570.306(b).. approvedcities activities being• velopment plan which Identifies com- The second section will include all other an 7rrovedrmodel under Title I of the munitydevelopmentneeds, demonstrates comments and recommend which ,Demon- strntton Cities and Metropolitan Davel- n comprehensive strategy for meeting those 'Leeds, and specifies both clearinghouses desire to submit to the opment Act at 1060. The phrase "provi- short - and )ong-tern' community development - applicant Art appllcant ou-y approved" In the preceding son- acne shall mean those urban renewal objectives which ]lave been developed In modifyIng,Its acplication while It is udder review by IRM is re- and model titles activities that were ap- accordance with areawide development planing and national urban growth 4ulred by Circular No, A-95 to inform Proved and fronded by 1If,D on or before June30.1974• , policies. The plan shall be written in a the clearinghouses of such niod(fication. • ' manner to encompass the needs,strategy An applicant shall also Indicate to the (a) Authorf_ation to incur costs. (1) and objectives, and to dehchibe a pro- ciearinghousas the number of days re- Upon the effective date of these regula- grant, which is designed to eliminate or maluing, within the 75-day statutor7 lions, an appllcant, by appropriate res- prevent slums, blight, and dcler!oration limitation on review Ume described In olunlon of the local Governing body and where sitell celiditiom Or heeds exist, nud $ 570.306(c), for HUD to -complete Its re- as of the date oI such resolution, may be- to provide improved community develop- -Merl of the application- gin to incur costs for the plannin and meat facilities and public Improvements, §570.301 rro,=m 7"r. Preparation of an application for funds Including the piovislon.of supportlrg (a) Fimt program vrar. Ilia first pro- available under 11114 rant. The resolution shall recognize that reimbursement for health, social and similar services where necessary and appropriate. In identifying ' gram year hlhall start on Uu date of IIUD such costs will be dependent upon IIUD the needs, the aPpliMllt sl:tll take Into apPruval of Lie appbcaV,)n and shall run approval of such application. Costs In- e011slderation any special needs fowid to for twelve corsccutivo nontlis, except curred with load ftnuL•• Pulsttant to tills eabt In any Identifinbfe set.nlert of the ' whan'modlfi vl under the Provision of paragraph may be reimbursed from an total group of lu%ver Income persons In paragraph (b) of this sectlOIL advnnce of funds. The total of nil costa the community. With respect to aren- F 11M GEGISIEk VOL 40, NO. 111- -AONDAY, JUNX 9, 1973 so, RUiES•AND REGULATIONS AdministrntiveRequlrerrtentsfor Grants. met but the amount of the grant re- (v) Thcnppllcanthasatt_chctoren- In-Aid to State and Focal Govern.•neuts:' trched or p,,ta,Y, ,,:.•ds �t nOru,Op (6) The applicant has met thereiyWy closed any comments or ia- menta of O� fB Circular al'o. A-95 and zny 1� � rU''d' Prv�ram nmendmcnis dons made by or throu;;h Stag and area- comments or recommendations made by ! (a) Mid -program year umendreents. ride cicarfnghouses or tins stated that no or or through the clearinghouses are at- tached and were considered prior to sub- or recommendations have An applicant shall submit an amended been received within the 45-day review application to the HUD Area ' misslon of the application, or, no clear- Olfte if the applicant's Community Dcvclop:nent Period. (2) inghouse comments or recommendations have been if the witapph , Program is being revised so that more ed In accordance the the received. (7) The Community Development pro- than ten percent of the community de- velopment budget, excluding unspecified Preceding to o aoPara- graph, the date of acceptance of the ap- gram has been developed so as to give local option activities, -is to be used for plication will be the date of receipt of the application maximum feasible priority to activities which will benefit low- or moderate -in- new or different activitles not included In the approved community development in the F1UD field office, and tale applicant will be so notified In come faor aiin the prevention or -of slums or blight. 4fhere program. An amendment shalt also be submitted wri ting. If the application is not afamiliesfamiliesri cepted for review, the itt,Pl;caret will be ' alel"unlnation a0 part of the community develop- whenever the cumulative at- feet of a number of smaller changes add so notified !it writing. and will be advised OC tile specific reasons for program activities are designed to meet outer community development up to an amount that exceeds ten per- cent of the budget, nonacceptance. (b) Scope of review. (1) The Secretary needs having a particular urgency, the excluding unspecified local option activities. The amendment will normally base his review upon the • applicant may request a detr_rm?Hatton by the Secretary that the program ac- submitted to h-= shall include only those elements applicant's certifications, statements of facts and data and oche: Progratnmatie tivItles are to designed to meet such of the application that are changed except that the amendment decisions. The Secretary reserves the right, hone,:e,- needs as specifically described In the application. shall always Include the certifications to consider substantial evidence which contradicts or challenges (8) The applicant will administer and and assurances described in § 570.303(c). An applicant may also request HUD PP- the certifications, or significant facts and data, )it •enforce the labor standards requirements ne6 forth In § 570.605 and HUD regula- provai of an amendment to an approved housing accordance with the review eri- teria in this section and to require addi- tions Issued to Implement such require- assistance plan. (b)Other program amendments. Pro- tlonal information or assurances Iroin the wants, (f) Performance, report. Beginning gram amendments not requiring prior applicant as warranted by such evidence. - with the application submitted In fiscal HUD approval pursuant to the preceding (2) Based on that review, the Secre- year 1976, and each fiscal year there- Paragraph may be undertaken by the 11Pphcant, tary will approve the application unless; kilter, the applicant shall submit an an- nual performance report as described in provided all other require- ments of this part are satisfied. Such (1) On the basis Of significant facts and data, generally availnble (whether 1570.906. amendments shall be reported to HUD as Published data necessible to both the ap- § 57OZ04 Waiver of application requim part of the annual performance report, as described In § 570.906, required with plicant and -the Secretary, such as census data, or other. data available to both the aunt& the subsequent annual application, applicant and the Secretary, such as re- (4) El(gibiIity for waiver. The Secre- (c) Reprogramming unobligaled funds. cent local„areawide or State comprelien- tu'y may waive all or part of the appll- Funds that will be 'unobligated at the s!ve planning data) and pertaining to cation requirements contained In end of a program year may be repro- • community and housing needs and ob- 9 570.203 (a) and (b) if the applicant Brammed as a part of a subsequent year's Iectives, the Secretary determines that meets the following criteria: annual application for a grant so as to the aPPllcalit's deserlptlon of such needs (1) The applicant has a population of avoid subsequent program amendment. and objectives Is Plainly Inconsistent less than 25,000 according to the most Such a reprogramming Is not a require- with such facts or data, or recent data compiled by the Bureau of ment Inasmuch as an applicant may con- (it) On the basis of tile application, the Censtiiand Islocated: tine to carry out activities included in Secretaly'determines,that the activities (D Outside a standard metropolitan 'a Prior year's application. to be Undertaken are platnlY tnappropri- otatlstical area, or (d) .^.eduction of amount for cofnple- ate to meeting the needs and objectives ' • (11) Insldo such, an area but outside lion of urban reneiaal projects. In order identified by the applicant, or an "urbanized. area," as defined by tine t49,proteet the!Fedeiai Government's ft- , ":(111) ;Tarp Secretary determiness tlmt the' ")Bureau of Census; h6YOaa intereXin existing urban renew- application does not conlPIY with the re- ,(2). The application relates to the first' trlproiccts; a reelpient must requestprlor 'gwrenhctits of this part or other applica- community development activity to b(L"written. -.authorizatlon from HUD any -bie law.'or Dcoposes activities which are ' carried out by such locality xith assist- time that the amount of fluids shotrn in ineligible under this part. ance under this part; and an approved applicatlon for completion (a) APproral or disapproval of applica-' (3) The assistance requested is for a' of- urban renewal projects Is to be re- Lion. S7ithln seventy-five days of the date single development activity under this tduced. of receipt of the application, -or at such Part of a type eligible for nssistanco � 57M306 FIUD rotten and n earlier time as review is completed, the under § 570.200(a) (1) (tit); or neighbor- hood foellitles, water and sewer facilities, a hmliohn ppmval of pp Secretary Rill notify the appL'cant in writing that tine application has been ap- hl5toric properties, and parks, play- (a) Acceptanco of application• (1) proved, partially approved, .or dLap- ground., and similar recreational fnclli- ties authorized to Upon receipt of an applleatlon, the PIUI) Area Office will accept it for Proved. In the event the Secretary lens not . pursuant § 570.200 (a) (2). review, pro- vlded that: mailed a notification to the applicant within seventy-five days from the date of (b) Secretcrlal determination. HavIng ' (1) It has been. received before the acceptance of the applic anon that It has considered file nature of the activites close of bustness on the final date estab- been c!isanprovcd, the application shall describer) In § 570.30�4(a) (3), the Secre- lis!ned by HUD for submission of appll- be deemed to be approved. If the ap, !ica- targ has deteniincd that a waiver of cations for each fiscal year; tion is disapproved• the applicant shall be the application rcglirements of § 570.303 (lU Tho applcntlon requirements informed of tine specific reasons for dis- (0)� Lad Cb) Is not lncon.,istent with tine specified in § 570.303 are complete, ex- approval. purpOsos of this,Part, provided that the cePt with reward to those appllcattorfor ' (d) Approval of loss"than frill tarfille- gtnnt requested does not exceed which certatn submission requirements Mont. Tho Secretary may adiwt the rn- $1.000,000. The : ccrctrL y may also wnivo are waived pursuant to § 570.304; tlticmcnt a"'Ount to thu extent Idcntlf?ed the application requirements of § 570.303 (IIU The fluids requested do not'ex- ill an allplication submitted uncirr (a) and Cb). I--% response to a written teed ttoentltiemcnt amount; Part design rani for t s tic iri request In tics that are not eligible muter § 570 2UO, other cases In which the con-' GO The rcqu!red certifications hays intone described in f 570.304(a) (3) aro been properly executed; and anti¢ the detlolency hits not been corn -,teti p . prior to the expiration of tite 15-day ra_ piAMU RBOISTM VOL AD, NO. 111—,MOHDAY, JUne 9, I9,75 ADRIAN KUYPER COUNTT Cou.pCt OFFICES OF COD-N. SEL4 County C-3' grange COUNTY ADMINISTRATION 13USLOINID . P. O. BOX 1379 SANTA ANA, CA 92702 . 834.3300 November 11, 1975 E. G.- Osborne, Director Environmental Management Agency 811 North Broadway Santa Ana, California -RECEIVED NOV 10 1975 E. M. A. Re: Effect of Interim Lease on Eligibility of the Land Acquisition for Senior Citizens Center of the City of Newport.. Beach under the Community Development Block Grant Program Dear Mr. Osborne: CLAYTON H. PARKER CHICr A3S13TAMT ROBERT F. NUTTMAN WILLIAM J. MCCOURY A3313TAMT3 JOHN M. PATTERSON ARTHUR C. WAHLSYEDT. JR. JOHN W. ANDERSON LAURENCE M. WATSON VICTOR T. BELLERUE JOHN R. GRISET CHARLES D. SEVIER WALTER D. WEBSTER IRYNE C. BLACK RALPH W. BENSON ROBERT H. SAN CHEZ KENNARD R. SMART, JR. JANE A. SIEGRIST JAMES R. FLOURNOY TERRY C. ANDRUS TERRY E. DIXON EDWARD N. DURAN JOY,C. FISHER FRANK J. FEKETE BARBARA TAM THOMPSON RICHARD D. OVIEDO Vx1UTIx3 File: H-355 Your recent memo requested our opinion -with respect to the eligibity of the Land Acquisition for the Senior.Citizens Center . of the City of Newport Beach under the Urban County application. of the County of Orange for a Community Development'Block Grant. - from the Department of Housing and Urban Development. You are - concerned about a proposed lease of the subject real property to. a private school.which will use the premises for educational pur- poses: You question whether this interim lease will jeopardize' the -eligibility of the activity notwithstanding the fact that the income from the lease will be used solely to develop'•the Senior Citizens Center. Ile have concluded that the interim lease will not jeopardize the eligibility of -the activity. Federal Regulations make it clear that the City, of Newport Beach would not be eligible to participate in the Block Grant if "• the real property was being acquired for educational purposes. ' 24 C.F.R. 570.201 (a)(3). (All references to the Code of Federal Regulations are as they appeared in the June 9, 1975 Federal h Register.) It is equally clear that no part of the funds derived from the Block Grant may be used for an ineligible activity, such as a school. 24 C_F.R. 570.200 and 570.201. However, the activity of the"City of Newport Beach is "Land Acquisition for Senior,C.iti- zens Center" which is an eligible activity. 24 C.F.R. 570.200(a) (1) (IV) and (a) (2) , Lk UUP �- H. a e, for ' November er 1111,19 t Page Two" Your memo indicates that the City of Newport Beach now pro- poses to derive some income from the real property which it is acquiring with Block Grant funds by leasing the premises during• the planning phase of the Senior Citizens Center and to devote that lease income solely to the -Senior Citizens Center. -Such a disposition of the property is -authorized by the Federal Regula- tions_ 24 C.F.R. 570.200(a)(7). This section permits a disposi- tion of property acquired under the program by selling, leasing, donation, or otherwise, provided the proceeds of the disposition are expended only for activities which are eligible under the pro- gram. The regulations do not limit who may be the grantee or -lessee. The fact that the lease by the City of Newport Beach is to a private school which will use the premises for educational purposes does not change the purpose for which the property is being acquired by the'City. The lease, in fact, furthers the pur- poses of the project by providing income for its implementation and will in no way jeopardize the eligibility of the project under the Community Development Block Grant Program. .Very truly yours, AD KUYPER, COUNTY COUNSEL hn W. Anderson, Deputy JTr7A: ks lzh 11 ns •rn- 49. h SUBPART C--ELIGIBLE ACTIVITIES 9570.200 ELIGIBLE ACTIVITIES. (a) Grant assistance for a community development program may be used oply for the following activities: (1) Acquisition in whole or in part by purchase, lease, donation, or otherwise, of real property (including air rights, water rights, and other interests therein), which is - (i) Blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed from the standpoint of sound community development and growth, as determined by the recipient pursuant to State and local laws; . (ii) Appropriate for rehabilitation or conservation activities; a (iii) Appropriate for,the preservation or restoration of historic sites, the beautification of urban land, the the conservation of open spaces, natural resources, and scenic areas, the provision of recreational opportunities, or the guidance of urban development; t'y a I C_1 7/76 HUD -Wash., D• C. 02.1 u (iv) To be used for the provision of public works, facilities, and improvements eligible for assistance under paragraph (a)(2) of this section; or Sid ' (v) To be used for other public purposes, including the conversion of land to other uses where necessary or appropriate to the community development program. (2) Acquisition, construction, reconstruction, rehabilitation, or installation of only the following public works, public facilities, and site or other "w4 improvements: 0 (i) Neighborhood facilities which (A) are designed to serve a particular neighborhood and provide services for that area, except that such facilities may serve an entire community of under 10,000 population; (B) provide health, recreational, social, or similar community services; (C) may be either single purpose or multipurpose in nature. (ii) Senior centers. (iii) Historic properties, (including privately owned properties for which there is public access). (iv) Utilities. (v) Streets, street lights, traffic signals, sitins, street furniture, trees, and other normal appurtenances to streets, but excluding expressways and other limited access ways. (vi) Water and sewer facilities, except for sewage treatment works which are described as ineligible in 570.201(a). (vii) Foundations and platforms for air rights sites. (viii)Pedestrian malls and walkways. (ix) Parks, playgrounds, and other facilities for recreational participation. 7/76 C-2 HUD -Wash., D. C. R a 6502.1� .(x) Flood and drainage facilities in cases where assistance for such facilities has been determined to be unavailiable under other Federal laws or programs pur- suant to the provisions of §570.607. (xi) Parking facilities, solid waste disposal facilities (including permanent onsite equipment integral to the operation of a sanitary landfill), and fire pro- tection equipment and facilities which are located in or serve areas in which other activities included in the community development program described in §570.303(b) are to be carried out. (3) Code enforcement in delineated areas which are deteriorated or deteriorating and in which such enforce- ment, together with public improvements and services to be provided, may be expected to arrest the decline of the area. (4) Clearance, demolition, removal, and rehabili- tation of buildings and improvements, including (i) inter- im assistance to alleviate harmful conditions in which immediate -public action is needed.; (ii) rehabilitation of acquired properties for.use or resale in the provision. of housing; (iii) demolition and modernization (but not new.construction) of publicly owned low-income housing; and (iv) financing rehabilitation of privately owned properties through the direct use of funds in the pro-' vision of grants, loans, loan guarantees, and interest supplements when provided in connection with other physical development activities described,in the community development program which are eligible for assistance under this Part. Loans for the rehabilitation of residential property may include an amount to refinance existing indebtedness secured by such property if such refinancing is necessary to enable the loan recipient to amortize, with a monthly payment of not _ more than 20 per centum of the average monthly income of the loan 'recipient, such loan and any other indebted= ness secured by the property of the'loan recipient. (5) Special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly and handicapped persons. 7/76 0 C-3 HUD.Wash., D. C. (6) Payments to housing owners for losses of rental income incurred in holding for temporary periods. housing units to be utilized for the relocation of individuals and families displaced by program activities assisted under this Part. (8) Provision of public services not otherwise avail- able in areas, or serving residents of areas, in which the recipient is•undertaking or will undertake, other activities described in 9570.303(b)(1)(i), where such services are determined to be necessary or appropriate to support such other activities and where assistance in providing or securing such services under other applicable Federal laws or programs has been applied for and denied or not made available pursuant•to the provisions of 9570.607. For the purposes of this paragraph, such services shall be directed toward (i) improving the community's public services and facilities including those concerned with the employment, economic development, crime prevention, child care,.health, drug abuse, education, welfare, or recreation needs of persons residing in such areas, and (ii) coordinating public and private development programs. (9) Payment of the non -Federal share required in connection with a Federal grant-in-aid program undertaken as part of the community development program,pursuant to §570.303(b), Provided, That such payment shall be limited to activities otherwise eligible under this section. (10) Payment of the cost of completing a project funded under -Title I of the Housing Act of 1949 as amended, including an urban renewal project pursuant to the provisions of §570.801(b), (c), and (d). (11) Relocation payments and assistance for indivi- duals, families, businesses, nonprofit organizations, and farm operations displaced by activities assisted under this Part. (12) Activities necessary (i) to develop a comprehen- sive community development plan addressing the needs, strategy, and objectives to be summarized in the appliction 7/76 C-4 HUD -wash., D. C. il- to ble d nt, on %L 4) 6502.1 pursuant to §570.303(a), including but not limited to land use planning, development of codes•and ordinances related to housing and community development programs, and functional planning of activities eligible for assistance under this subpart, but including only such public services as are necessary or appropriate to support activities meeting such needs and objectives, and (ii) to develop a policy -planning -management capacity so that the recipient may more rationally and effectively (A) determine its,community development and housing needs, (B) set long-term goals and short- term objectives related to these needs, (C) devise programs and activities to meet the goals and•objectives, (D) evaluate the progress of such programs in,,accomplish- ing these goals and objectives; and (E) carry out manage- ment, coordination, and monitoring of activities necessary for effective planning implementation. (13) Payment of reasonable administrative costs and carrying charges related to the planning and execution of community development and housing activities, including but not limited to (i) housing counseling and other. activities desiqned to further the fair housing provisions of 5570.303(e)(1.1)and the housing objectives of 9570.303(c) (4)(ii), and (ii) the provision of information and, at the discretion of the recipient, of resources to residents of areas in which other community development activites described in §570.303(b) and the housing activities covered in the Housing Assistance Plan described in §570.303(c) are to be concentrated with respect to the planning and execution of such activities. (b) Notwithstanding anything to the contrary in this section or in §570.201, any ongoing activity being carried out in a model cities program shall be eligible for funding under this Part from that portion of the hold -harmless amount attributable to such model cities program until the applicant has received five years of funding for such activities as calculated pursuant to §570.103(c)(2)(iii). For the purpose of this paragraph, the term "ongoing activity" means any model cities activity underway as of January 1, 1975, that was approved and funded by HUD on or before June 30, 1974. (c)' Costs incurred in carrying out the program, whether charged to the program on a direct or an indirect basis, must be in conformance with the requirements of Federal Management Circular 74-4, "Cost Principles C-5 HUD -Wash., D. C. 7/76 .ei 3' .. ..'.... i�•rC�A..... ..... ._:�k n,. ..•—•Y. .i .. .... ..�'F •ngt`t}Y.: .•';v.m� 6502.1 —7 1 1 Applicable to Grants and Contracts with State and Local Governments." All items of cost listed in Attachment B, Section C of that Circular (except Item 6, preagreement costs, which are eligible only to the extent authorized in §570.302) are allowable without prior approval to the extent they constitute reasonable costs and are otherwise eligible under this Subpart. 9570.201 INELIGIBLE ACTIVITIES. Any type'of activity not described in §570.200 is ineligible. The following list of examples of ineligible activities is merely illustrative, and does, not constitute a list of all ineligible activities. (a) Public works, facilities, is and site or other improvements. The general rule that public works, facilities, and site or other improvements are ineligible to be acquired,'constructed, reconstructed, rehabilitated, or installed'unless they are'specifically mentioned in 5570.200(a)(2), or were previously eligible.under any of the programs consolidated by the Act (except the public facilities loan program, the model cities program, and as an urban renewal local grant-in-aid eligible under section 110(d)(3) of the Housing Act of 1949) and cited in 5570.1(c).. where acquisition of real property includes an existing improvement which is to be utilized in the.provision of an ineligible public facility, the portion of the acquisition cost attributable to such improvement, as well as the cost of any rehabilitation or conversion undertaken to adapt or make the property suitable for such use, shall be.ineligible. Examples of facilities which cannot be provided with these funds. include the following: (1) Buildings and facilities for the general conduct of government, such as city halls and other headquarters of government (where the governing body meets regularly), of the recipient and which are predominantly used for municipal purposes, courthouses, police stations, and other municipal office buildings; (2) Stadiums, sports arenas, auditoriums, concert halls, cultural and art cente-rs, convention centers, museums, central libraries, and similar facilities, but excluding: 7/76 C-6 HUD -Wash., D. C. Ile (i) A neighborhood library, and (ii) cultural, art, museum, and similar facilities included as part of a neighborhood facility; (3) Any facility whose service is'communitywide, or whose function is by its nature communitywide, unless it serves an entire community of under 10,000 population or is expressly authorized other than as a neighborhood facility by §570.200(a)(2). Examples of facilities which would ordinarily be ineligible as.being communtiy- wide are central social service facilities, sheltered workshops, group homes, and halfway houses. (5) Airports, subways, trolley lines, bus or,other transit terminals, or stations, and other transoorta-_ tion facilities-; ::- (6) Hospitals, nursing homes, and other medical facilities, but excluding a neighborhood facility or senior center which provides health services; and (7) Treatment works for sewage or industrial wastes of a liquid nature. (b) Purchase of equipment. Except for construc- tion equipment described in §570.200(a)(2)(xi), the purchase of construction equipment is ineligible, but compensation.for the use of such equipment through depreciation or use allowances pursuant to Attachment B of Federal Management Circular 74-7 for an otherwise eligible activity is an eligible cost. The purchase of furnishings or other personalty not an integral structural fixture is ineligible unless (1) eligible under 9570.200(a)(8),, (2) specifical-ly mentioned in §570.200 (a), or (3) necessary for use by the recipient in the administration of its community development program pursuant to 9'570.200(a)(13). (c) Operating and maintenance expenses. Except for the public services described in §570.200(a)(8), R and the interim assistance authorized under §570.200(a)(4) C-7 7/76 - HUD -Wash., D. C. -�J•. �I. afl'irfW4Y'NL3Y:Y`S%�Cf.Ji �u`.L'iii'FN�ei.Y.•��'�.�.T, 6502.1 operating and maintenance expenses in connection with community services and facilities are not eligible. Examples.include maintenance and repairs of water and sewer and parking facilities, -and salaries of staff operating such facilities. (d) General government expenses. Except for the provisions of §570.200(c), expenses required -to carry out the regular responsibilities of the unit of general local government are not eligible. Examples include all ordinary general government expenditures not related to the community development program described pursuant to 9570.303(b) and not related to activities eligible under §570.200. (e) Political activities. No expenditure may be made for the use of equipment or premises for political purposes, sponsoring or conducting candidates meetings, engaging in voter registration activity or voter transportation, or other partisan political activities. (f) New housing construction. Construction of new permanent residential structures; or any program to subsidize or finance such construction, is not a permissible use of funds provided under this Part, except as provided under the last resort housing provisions of 24 CFR Part 43. (g) Income payments. Except as authorized under §570.200, funds may not be expended for income payments for housing or for any other purpose. Examples include payments for income maintenance, housing allowances, - down payments, and mortgage subsidies. (h) Prior costs. Costs incurred by a recipient prior to notification of a funding approval -by HUD are not eligible for assistance under this Part, except where such costs are to complete activities -previously approved and assisted under the urban renewal program,, the water and sewer facilities program, the neighborhood facilities program, or the open space land program, described in §570:1(c)(1),(3),(4) and (6); respectively, or where the costs are incurred in accordance with the timing requirements of §570.302•, §570.400(e), and §570.602(a). 7/76 ' C-8 t1UD-Wa5h., D. C. �• r thTQ�1N.N1.,/R.I�Ml4A CITY OF NEWPORT BEACH CALIFORNIA 9266n City Ball. 3300lXewport BIvd. (714)673-2110 October 28, 1975 The Honorable Donald A. McInnis Mayor, City of Newport Beach 3300 Newport Boulevard Newport Beach,•CA 92660• Dear Mayor McInnis: At its last regular meeting on October 22, 1975, the, Community Development Citizens' Advisory Committee discussed the second year•HUD Program Proposal for Community Development Block Grant funds. The Committee voted (9-1) in favor of the following resolution.. "The C.D.C.A.C. supports the first year proposal as approved by the City Council and recommends that the second year proposal conform to the objectives of the Site Acquisition/Senior Center Program, by requesting additional funds for site acquisition and staff.support." Additionally, they asked me to write to you and the Council to add a few words of explanation •based on my 15 years experience in working with HUD, and with which the Committee agreed (9-1). Briefly, the County -wide second year application will take a. somewhat different form than -last year. It will be a single application listing selected projects. Projects to be selected will be determined by public hearings both at the local level and the County level. Subsequently,'the projects proposed will need HUD acceptance; assuming that our difficulties with the first year application regarding timing of -land acquisition will be -resolved, then the City will have a "projec•t" identifiable.and familiar to HUD staff -and County staff. The C.D.C.A.C. is in the process, with your approval, of making °* a survey to determine seniors' needs in Newport Beach, the resultant data will not be ready in time to affect the nature of the program or project proposed in the City's second year application. Accordingly, the recommended course of action is to proceed along the worthwhi,le'direction you have already initiated, i.e., the acquisition of a fine property (5th and Marguerite) The Honorable Donald A. McInnis Page 2 October 28, 1975 for a proposed Seniors' Center. Noting that in the future, as indicated by the seniors' survey data, amendments and revisions to the proposed project can be made, I do -not believe that properly-documented'amendmeh'•ts would cause a problem with HUD. In conclusion I would like to suggest that the City should assume that the 5th and Marguerite property will be funded in the first year application and that the wisest and most acceptable course of action is to continue the Site Acquisition/ Senior Center Program by'submitting a second year program proposal which requests additional funds for acquisition of the same property together with staff support funding, and that potentially the third year proposal could seek the funds required to complete the acquisition .and additional. funds to build a Senior Center, together with funds for staff support purposes. Yours sincerely, 1� Robert Coles Vice Chairman C.D.C.A.C. RC:jmb L__AJ r NEWPORT BEACH CALIFORNIA City Hall 3300 Neivpart 131td. (714)573 2110' COIGAUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE MINUTES - - October 22, 1975 PRESENTt Robert Coles, Gwen Felton, Ruth Kahn, Elaine Linhoff, Connie Mumford, Joan Petty, Hall Seely, Ann Spencer, Willard Wade, Per Trebler, Jeanne Wanlass, Barbara Glazier. ABSENT: Alex Schvarz, William Selwyn, John Sindelar, Lucille Kuehn STAFF PRESENT: Pat Temple, Tim Cowell The meeting was called to order at 4sO5 p.m. -in the City Hall Annex Conference Room. Vice Chairman Robert Coles' presided in the absence of the Chairman. Ruth Kahn moved that the minutes of the October 8 meeting be approved. MOTION PASSED: 8 yes, 2 abstaining, 0 no. ' Quarterly Reports Connie Mumford moved that the revised draft report be accepted by the Committee for submittal to the City Council. MOTION PASSED UNANIMOUSLY. Application for Second Year HUD funds: Staff reported a major change in approach for the second - year applications. A single area -wide application will be prepared by the County. Cities will make proposals to the. County, with the Board of Supervisors making the final deter- mination of priorities in the County. Each city is to hold two public hearings and have its proposal formulated and sub- mitted to the County by December 1. Newport Beach has tenta- tively set two public hearings before the City Council: November 10 and 24. (These dates are to.be set by the City Council at its October 28 meeting.) The County will hold a public hearing in Laguna Beach at 7:30 p.m. November 12 for Supervisorial Districts 1 and 5, and a County -wide public hearing will be held November 19 at 10:00 a.m. at the Board of Supervisors Hearing Room, 515 No. Sycamore, Santa Ana. Cities are expected to make presentations at the November 12 w and 19 meetings. Committee members discussed the on -going commitment to the Fifth Avenue and Marguerite property for second -year HUD funds, with third -year funds to complete the purchase and provide additional funds :for renovation or replacement of the existing structure. CDCAC .Minute October 22, 1975 Page Two Members also discussed -the needs assessment activities of the Committee, the fact that the SST Survey will identify needs of seniors and that the site could house services for many community needs. It was mentioned that the city is contributing funds, by allocating funds from the school lease to the. Committee. The HUD grant was also discussed as a funding source for other needs surveys undertaken by the Committee. The Committee agreed that, unless public testimony at the public hearings showed otherwise, the initial effort, initiated in the first -year application, to acquire the Firth and Marguerite site for a senior citizens center, should be continued. Joan Petty moved that "The Community Development Citizens Advisory Committee supports the first year application as approved by City Council and recommends that the second year application conform to the objectives of the three-year plan by requesting additional funds for acquisition of the Fifth Avenue and Marguerite site and staff support." MOTION PASSED:' 9 YES, 1 NO. Committee members were urged to attend the November 10 public hearing. Robert Coles agreed to make a presentation on behalf of the Committee.. SSI Surveys Committee members were again reminded to give Pat Temple names of survey volunteers. Committee members could do some surveying themselves. Pat Temple will send a letter to civic clubs, including Kiwanis, Rotary, League of Women Voters, requesting volunteers for 'this project. .Reports from Members Youth Problems: Barbara Glazier requested Committee approval of a questionnaire for activities directors of local high schools." Questionnaire would provide information on degree to which students are encouraged to involve themselves in activities. Committee authorized Barbara to rework questions and use questionnaire as requested. Historical Needs: Ann Spencer reported on -the historical needs she has identified in the community. She then moved "that the Commun- .ity Development Citizens Advisory Committee accept this report to be held in abeyance until such time as it seems feasible to recommend action to the City Council or such time when it appears necessary to reconsider the historical/cultural pro- gram." MOTION PASSED UNANIMOUSLY. Ann's report will be duplicated for Committee members. Assessment and Treatment Services Center: Elaine Linhoff provided copies of her report to members. To allow members time to study the report, discussion of this item was continued to the next Committee meeting. November 2, 1976 The Honorable Milan and Members of the 3300 Newport Blvd. we Carden School 0 Corona del Mar M. Dostal, Mayor City Council Newport Beach, CA 92663 Dear Mayor and Councilmen: M )UDITH WILSON, Director We are aware of the upcoming hearings on the final plan for the OASIS project as developed by CDCAC. Because actions taken by the City Council at this time may directly impact the future of our school we feel it is proper to provide you with the current status of our operation. Our school began in the late summer of 1974 with 18 students using a general purpose room at the Lutheran Church of the Master in Harbor View Hills. The following year we were successful in obtaining a year-to-year lease on the city owned property at Fifth and Marguerite Avenues. Our enrollment had grown to over 100 at the start of our second year. At that time we were aware,that the City had plans for the eventual public utilization of this property and were in contact with the Irvine Company regarding the acquisition of a site for a permanent school facility. The Irvine Company indicated that a suitable site should become available within two to three years; a time frame which closely matched the City's expressed plans for Fifth and Marguerite. In our first year at Fifth and Marguerite we made substantial improvements to the City's property: grading, landscaping, painting, sprinklers, carpeting, physical repairs, etc. totalling over $30,000 in out-of-pocket expenses. >r b —/ 3300 Fifth Avenue o Corona Del Mar, California 92625 • (714) 640-4181 November 2, 19 The Honorable Milan page 2 M. Dostal, et al 06 In the Spring of this year our request for a renewal of our lease was approved by the City Council. We were also optimistic at that time regarding the prospects for securing a permanent school site prior to the expiration of this second year's lease. Discussions with the Irvine Company had revealed that several possible sites should be available for firm negotiation in the near future. Over the past few months, however, progress has been slow and it is becoming more and more likely that we will be unable to prepare a new home for our school as early as next summer. Please be assured that we are doing everything possible to expedite our timely departure from Fifth and Marguerite. A decision at this time which "locked -in" the implementation of the senior's center at the Fifth and Marguerite site in the summer of 1977 would very likely spell the end for our school which now meets the educational needs of well over 150 children. Because of the severe impact your decision may have upon our future, and because of the existence of numerous viable alternatives'for initiating senior citizen activities, we respectfully ask for your consideration of our situation as you formalize committments regarding Fifth and Marguerite and the summer of 1977. Respectfully Judith Wilson JW:jg yours, A rr November 1, 1976 TO THE FILE: SUBJECT: THE IRVINE COMPANY - MR. AND MRS. JOHN WILSON'S LAND NEGOTIATION This date I spoke with a Mr. Dan Mispagel, an Assistant to Mr.'Al Auer in the Commercial Division of The Irvine -Company. The purpose of, my con- versation was to determine the extent that Mr. and Mrs. John Wil.son had negotiated with The Irvine Company for land acquisition to relocate the . Carden School from the Marguerite - 5th Avenue site. I was informed that on March 3, 1975, The Irvine Company received a letter from the Wilsons indicating a desire to purchase from four to five acres in the Corona del Mar area for use as a private school. Several meetings occurred, after which during June of 1976 a four acre parcel was identified on San Miguel adjacent to the Metrdpolitan Reservoir. However, it has since been determined by The Irvine Company that that parcel is not avail- able for school purposes and the Wilsons have been so notified. As of this date, therefore, there is no parcel acceptable to The Irvine Company and the Wilsons for acquisition to relocate the school. Mr. Mispagel indicated, however, that he would explore again with the Wilsons in an effort to find a suitable site. He indicates that he would suggest as a possibility the approximate four acre parcel off of San Miguel and Pacific View Drive, currently belonging to the Catholic Church. If this site is acceptable to the Wilsons, the negotiations would have to be between them and the Catholic Church. Mr. Mispagel advised he had not seen a financial statement from the Wilsons and was not knowledgeable therefore on their ability or inability to close a sale of four to five acres in the Corona del Mar area. He did indicate, however, that he thought the Wilsons were sincere in their efforts to locate a parcel. ROBERT L. WYNN CC: Members of the City Council -J_ r 1,':R 1." 1976 RESOLUTION NO. 8735 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXTENDING THE LEASE OF THE CARDEN SCHOOL FOR THE FIFTH AND MARGUERITE PROPERTY FOR A PERIOD OF ONE YEAR WHEREAS, on July 21, 1975, the City of Newport Beach entered into a lease agreement with John D. Wilson and Judith A. Wilson for the property and improvements situated thereon located at the northeast corner of the intersection of 5th Avenue and Marguerite Avenue as more particularly described in said lease agreement; and WHEREAS, said property is currently being used for the purpose of operating a private day school known as The, Carden School of Corona del Mar; and WHEREAS, the term of said lease is from year to year, commencing on the 1st day of August of each year; and WHEREAS, Judith A. Wilson, as Director of the•Carden� School, has made a written request to the City Council to; extend the lease for the following year; and WHEREAS, on April 12, 1976,-the City Council considered the request of Carden School for a one year lease extension and determined that it was in the best interest of the City to grant such an extension. NOW, THEREFORE, BE IT RESOLVED that the lease agreement between the City of Newport Beach and John D. Wilson and Judith A. Wilson, dba The Carden School of Corona del Mar, dated: July 21, 1975, is hereby extended for an additional period of one year, commencing on August 1, 1976. BE IT FURTHER RESOLVED that all of the terms and . N Ve conditions of said - lease agreement remain in full force and effect and are fully binding on the parties to said lease agreement. ADOPTED this 12th day of April ,. 1976. Mayor ATTEST: City Clerk DDO/bc 4/13/76 ixl, 77 CITYOF NEWPORT BEACH CALIFORNIA DATL' July 21, 1975 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1725 City Hall 3300 W. Newport filed. Area Code 714 673-2110 Description of Contract Lease for City -awned property @ 5th 6 Marguerite, Corona del liar Authorized by Resolution No. 8518 , adopted on June 23, 1975 Effective date of Contract July 21, 1975 Contract with Mr. and Mrs. John D. Wilson The Carden School of Corona del Mar Address 2017 Min mar Drive Balboa CA 92661 Pmount of Contract $1,875.00 per month ity e c �► all, LEASE (5th & Marguerite Site) The Carden School of -Corona del Mar THIS LEASE, made and entered into this.?/,Aday of . 1975, by and between the CITY OF NEWPORT BEACH, a Municipal Corpora- tion, hereinafter referred to as "City", and JOHN D. WILSON and JUDITH A. WILSON, husband and wife, doing business as The Carden School of Corona del Mar, 2017 Miramar Drive, Balboa, California 92661, hereinafter referred to as "Lessee": W I T N E S S E T H: A. City holds title to that certain real property consist- ing of two classroom buildings and administrative building in the City of Newport Beach, County of Orange, State of California, located at the northeast corner of the intersection of 5th Avenue and Marguerite Avenue and which is described as: A portion of Block 96 of the Irvine Sub- division, recorded in Book 1, page.88, Official Records of Orange County, as more particularly described on attached Exhibit I and shown on attached Exhibit II. B. City proposes to lease to lessee the premises described hereinabove and the structures located thereon and lessee proposes to lease from City said real property and buildings, consistent with the terms, covenants and conditions contained hereinafter. C. "City desires to retain controls over the use of said property, which controls are expressed by the terms, covenants and conditions contained hereinafter to protect the public interest in and to said property. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, hereinafter set forth, it is agreed as follows: 1. Leased Premises. City hereby leases to and lessee does hereby lease from the City the property described in paragraph A above. 2. Term. The term of this lease shall be from year to -1- year commencing on the 1st day of August of each year, unless sooner terminated in the manner hereinafter provided. 3. Rental. Lessee shall pay to City, and City shall accept as rental for said demised premises, the sum of One Thousand Eight Hundred Seventy Five Dollars ($1,875.00) per month during each month of the term hereof payable monthly, in advance, on the first day of each and every month during the term hereof, and lessee shall pay to City the sum of Three Thousand Seven Hundred Fifty Dollars ($3,750.00) as payment for the first and last months' rental under this Lease. 4. Use. Lessee shall use the demised premises, together with the buildings located thereon, for the purpose of operating a private day school. 5. Alternate Business Activities. Lessee shall not grant any concession, license, permit or privilege to conduct any business or other operation for profit or alter the use or type of service on the demised premises without the prior written approval of the City Manager. 6. Supervisory Control. City retains the power to exercise such supervisory control over the use and operation of the demised premises by lessee, with the right to enforce such rules, regulations and orders as may be deemed necessary by City in order to obtain compliance by lessee with the terms and conditions contained herein. Lessee agrees to comply with any such rules, regulations and orders. Any breach by lessee of the terms and conditions of this lease shall constitute grounds for termination. 7. Utilities and Maintenance. Lessee shall promptly pay for all utilities services furnished to it, such as gas, telephone, electricity and water, as well as provide for the day to day maintenance and repair of the buildings. Lessee shall paint the buildings, which are presently in a poor condition, weed and land- scape the area bordering 5th and Marguerite Avenues, and re- establish the playing field on the east portion on the demised premises. Lessee shall further make all necessary repairs to the -2- plumbing, electrical facilities and other portions of the buildings. 8. Taxes. Lessee recognizes and understands that in accepting this lease that his interest in the demised premises may be subject to a possible possessory interest tax that may be imposed by County authority, and lessee shall pay said tax, should it be imposed, and such tax payment shall not reduce any rent due hereunder. 9. No Assignment or Subletting. Lessee shall not assign or sublet this lease, or any portion thereof, nor make or suffer any alteration to be made in or on said property, other than the main- tenance required hereinabove, without the prior written consent of the City Manager. 10. Assumption of Tenant Ability. Pursuant to Section 1942.1 of the California Civil Code, lessee specifically waives his rights under Section 1941 and 1942 of the California Civil Code, and lessee agrees that any improvements, repairs or maintenance of all or portions of the buildings, required to be done by lessee, are a part of the consideration for the rental hereunder, and the rental payments hereinbefore set forth, shall not be reduced. Lessee covenants and agrees to assume all of the obligations and conditions under Section 1941'and 1942 of the California Civil Code, which read as follows: "§1941. [Lessor to make dwelling -house fit for its purpose]. The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable, except such as are mentioned in section nineteen hundred and twenty-nine. §1942. [When lessee may make repairs, etc.] (a) If within a reasonable time after notice to the lessor, of dilapidations which he ought to repair, he neglects to do so, the lessee may repair the same himself, where the cost of such repairs does not require an expenditure greater than one month's rent of the premises, and deduct the expenses of such repairs from the rent, or the lessee may vacate the premises, in which case he shall be discharged from further pay- ment of rent, or performance of other conditions. This remedy shall not be available to the lessee more than once in any 12-month period. (b) For the -3- 40 purposes of this section, if a lessee acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a presumption affecting the burden of producing evidence." 11 Permits and Licenses. Lessee is using the demised premises for the operation of a private school. Prior to commenc- ing said -operation, lessee shall obtain, and keep in force and effect during the term hereof, all permits, licenses or other entitle- ments to be used issued by any City, County, State, Federal or other governmental jurisdiction. Should any permit, license or other entitlement to use be lost or modified, lessee shall forthwith terminate his operation or if necessary, a part thereof'as is required by the loss and•reduction of a license, permit, or entitle- ment to use. 12. Insurance - hold,harmless. Lessee shall save and keep City, its officers, agents and employees, free and harmless from any and all claims or demands of any kind or nature whatsoever arising out of, or incident to, the use and occupancy of the premises herein demised. In partial performance of this obligation by lessee, lessee shall procure and at all times during the term of this lease, maintain in full force and effect, a policy or policies of public liability and property damage insurance protecting the City of Newport Beach, its officers, agents and employees from all claims or demands for damages. The policy, or policies shall provide for not less than Two Hundred Thousand Dollars ($200,000.00) for injury or death of one person, Five Hundred Thousand Dollars ($500,000.00) for injury or death of two or more persons,.and Fifty Thousand Dollars ($50,000.00) for damages to property. The City Manager may require an increase in the amount of insurance from time to time in accordance with the changes and economic conditions. Said policy or policies shall contain an endorsement which shall provide as follows: "Within the limits set forth in this policy, to indemnify and save the City of Newport Beach, its officers, agents and OP tr employees free and harmless from any damages, claims, loss or • liability of any kind or nature whatsoever which the City of Newport Beach, its -officers, agents or employees may hereafter sustain or suffer, or may be imposed upon them, arising out of, or any way connected with, the use or occupancy by.the insured, its servants, agents and employees, of the premises described in a lease granted to the insured by the City of Newport Beach, the City of Newport Beach is named an additional insured under this policy. It is further agreed that said insurance shall be primary insurance and shall not contribute with any other third party liability insurance available to the City of Newport Beach." Lessee shall furnish, and maintain with the City, either the original policy or policies, or a certified copy, or copies, thereof. The policy or policies, shall be approved as to sufficiency by the City Manager and as to form by the City Attorney. Said policy or policies shall further contain a provision that they may not be terminated without prior thirty (30) days written notice to the City. 13. City's Right of Inspection. City reserves the right by its authorized agents, employees or representatives to enter the leased premises at any reasonable time to inspect the same or any part thereof and to attend to or protect the City's interest under this Lease. 14. Compliance with Laws. Lessee covenants and agrees to comply with all of the rules, regulations, statutes, ordinances and laws of the State of California, County of Orange, City of Newport Beach and any other governmental body or agency have a lawful jurisdiction over the demised premises or the -business, enterprise or activities conducted thereon. 15. Surrender of Premises Upon Expiration or Termination.. At the expiration of the term of this lease, or sooner termination of this lease, lessee shall quit and surrender possession of the property and appurtenances to the City in as good order and condition as the property was after lessee had performed the maintenance work -5- as required under the terms and conditions of this lease, reasonable wear and tear and damage by the elements excepted. 16. Non -Compliance. If Lessee fails to comply with any of the terms and conditions of this lease, City may give to the lessee a notice in writing of such failure and specify therein the particulars in which lessee has failed to comply with the provisions of this lease. If Lessee fails for a period of ten (10) days after the giving of such notice to comply with the provisions of this lease, the City may, at its option, terminate this lease, and all rights of lessee herein shall cease and terminate and lessee shall immediately thereafter peacefully deliver possession of'the premises. to the City. 17. Default and Termination of Lease. A. Default. Time and each term, covenant and condition hereof are expressly made the essence of this lease. If lessee shall fail to comply with any of the terms, covenants, or conditions of this lease including the payment of rental' herein reserved, at the time and in the amount herein required, and shall fail to remedy such default within thirty (30) days after service of a written notice from City so to do, or to commence in good faith to remedy any other default within thirty (30) days and there- after diligently prosecute the same to completion, or if lessee shall abandon or vacate the leased premises, City may, at its option, without further notice or demand,'terminate this lease and enter upon the leased premises and take possession thereof and remove any and all persons therefrom with or without process of law. B. Termination. City and Lessee each respectively reserve the right to terminate this lease for any reason, and without cause, at any time by giving the other party ninety (90) days prior written notice of its intention to terminate. C. Surrender of Possession Upon Termination. Lessee covenants and agrees that upon the expiration or sooner termination of this lease, the lessee will peacefully surrender the leased premises with all buildings and improvements, in the same condition M-M as when received, and as maintained and improved by lessee as required herein, less reasonable use and wear thereof, any damage by fire, act of God, or by the elements. Lessee expressly waives any right which it may have to relocation assistance or other costs in vacating the demised premises under the relocation law of the State of California, Section 7260 et. seq. California Government Code. Any improvements built, constructed or placed upon the demised premises by the lessee, or anyone holding by, under or through it, shall remain on the leased premises and become the property of the City without any costs to City upon termination of this lease,.whether by lapse of time or by reason of default, unless the lessee elects removes said improvements within sixty (60) days following the expiration or termination hereof. D. Remedies Cumulative. The rights, powers, elections and remedies of the City contained in this lease shall be construed as cumulative and on one'of them shall be exclusive of the other or exclusive of any rights or remedies allowed by law, in the exercise of one or more rights, powers, elections or remedies shall not appear or be deemed a waiver of City's right to exercise any other. E. No Waiver. No delay or omission of the City to exercise the right or power arising from any omission, neglect, or default of the lessee shall impair any such right or power or shall be construed as a waiver of any such omission, neglect or default on the -part of the lessee or any acquiescence therein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this lease shall be construed as a waiver of any succeeding breach -of the same or of any of the terms, covenants, agreements, restrictions or conditions of this lease. F. Holding Over. It is mutually agreed that if the lessee shall hold over after the expiration of this lease for any cause, such holding over shall be deemed a tenancy from month to month only, and upon the same terms, conditions and provisions of this lease. -7- G. Notice'to Renew. Should lessee desire to renew this lease, he shall give City ninety (90) days advance written notice. The City is not bound or obligated to renew this lease. H. Liquidated Damages. Should lessee hold over after receipt of notice from City to terminate the lease as provided hereinabove, and not with the consent of City, it is agreed that the damages suffered by City are extremely difficult to ascertain and the parties hereto agree that liquidated damages will accrue to the City in the amout of $60.00 per day held over, in addition to rental charge payable on a perdiem basis for each day held over by lessee. 18. Attorneys Fees. Should the City be required to commence any legal proceedings to enforce a term, covenant or condition of this lease, the prevailing party shall be compensated by the other for all costs and attorneys' fees incurred by the prevailing party in prosecuting an action hereunder. 19. Notices. it is mutually agreed that any notice or notices provided for by this lease or by law, to be given or served upon the lessee, may be given or served by mail, registered or certified, with postage prepaid, and if intended for the City of Newport Beach, addressed to the City Manager, Newport Beach, California 92660 or at such other address as may hereafter be furnished to the lessee in writing and if intended for the lessee, addressed to lessee, 2017 Miramar Drive, Balboa, California 92661. Said notice may also be served personally from the other party, and such service shall be deemed complete at the expiration of forty-eight hours from and after the deposit in the United States Mail of such notice, demand or communication. 20. Assurances. The lessee gives to the City such assurances as are contained in attached Annex No. 1, as said assurances can apply to lessee, which is incorporated herein by this reference and any breach of any said assurances shall be cause for termination as hereinabove provided. IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. CITY OF NEWPORT BEACH By-Z«o ; Mayo ATTEST: LIZIZ A�� City Clerk d, a \ THE CARDEN SCHOOL OF CORONA DEL MAR. c By 161Th D�Wilsofi BY udith A. Wilson C CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER March 9, 1976 R TO: COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE ATTN: TIM COWELL FROM: City Manager SUBJECT: LETTER FROM CARDEN SCHOOL Pursuant to the attached letter, Carden School is requesting another year's lease with the City of Newport Beach for the use of the Senior Citizens property. The Council has referred this matter to the Community Development Citizens Advisory,Committee for the following two reasons: -- The Council would like a recommendation from the Committee on the attached request. 2. The Council would like t progress report on the status of the Senior Citizens plan for the five- plus.acreh in the Corona del Mar area. Please review this with the Committee and when their report is ready please notify me so I can schedule it for a, Council, meeting. ROBERT L. YNN r•,, Carden School Corona del Isar IUDITH WILSON, Director February 24, 1076 H —,3 (ac The Mayor and Members of the City Council The City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Dear Mayor and Members of the City Council: We hereby request a renewal of Lease C:1725 for the property at Fifth and Marguerite, Corona del Mar. Your kind approval of this request for renewal will permit us to recover a portion of the substantial investment we have made in improving this property (as stipulated by the lease agreement) and allow us a reasonable opportunity to make enrollment committments. for the Fall of 1976. Respectfully yours, The Carden School of Corona del Mar Judith Wilson Director JW; j d"� e 4y 'tilt E p OF 3300 Fifth Avenue e Coruna Del Mat, California 92625 a (714) 640-4181 x SEW PART CITY OF NEWPORT BEACH cam,= P q<i FoaN� M- I January 29, 1976 Mrs. Dorothy Levin Attorney at Law '5249 Lampson Avenue Garden Grove, CA. 92645 Re: 5th & Marguerite School Site Dear Mrs. Levin: I am confirming my conversations with you and your secretary of January 28, 1976 regarding the above subject. First of all, Mrs. Des Brisay is to contact Mr. Bob Long of the Newport Beach City Manager's office regarding setting up a time to view the property abandoned by your client at the school site, which property has not been removed from the school site. Regarding the property which has been transported to the City's yard in three bins owned by Dewey's Rubbish Service, Mrs. Des Brisay is to contact Dewey's directly and make arrange- ments to have Dewey's move the containers to a location of Mrs. Des Brisay's choice. The expense of this move would be Mrs. Des Brisay's. The City is willing to waive the charges accrued against Mrs. Des Brisay which are set forth in my letter of November 12, 1975 (which amount has increased by the monthly rental _ since the date of that letter) provided, however, your client must agree to hold the City harmless from any alleged causes of action she may have against the City in conjunction with the school lease, the termination of her occupation at the school site or other related causes of -action. The re -location of the storage bins must be done rather rapidly, City IIall • 3300 Newport BottleVard, Newport Beach, California 92663 r January 29, 1976 Page Two and in not more than ten (10) days from the date of this letter, or we will instruct appropriate City officials to cause notice of an auction of the property to be published and the auction to be held as soon thereafter as possible. If you have any questions regarding the foregoing, please don't hesitate to contact me. Very truly yours, HUGH R. COFFIN Assistant City Attorney HRC:yz cc: Robert Long, Administrative Assistant CITY OF NEWPORT BEACH CALIFORMA 92660 November 12, 1975 Ms. Dorothy Levin Attorney at Law 5249 Lampson Avenue Garden Grove, CA 92645 Re: 5th & Marguerite School Lease Site Dear Ms. Levin: This is in response -to your letter of November City of Newport Beach is willing to waive the against Mrs. Des Brisay, provided that she agr the City free and harmless from any alleged ca she may have in conjunction with the school le Lion of her occupancy or any other related cau The costs which the City is willing to waive a 1) Rent -July 1, - July 31, 1975 2) Rental of school building space for 43 days at $8.00 a day (storage of abandoned school equipment and materials) 3) Dewey trash container for 1 month 4) Moving abandoned equipment and material into "tool shed" 5) Moving abandoned equipment and material into "tool shed" 6) Rental of piano dolly from Tice's 7) Hauling of playground equipment 8) Delivery charge of "tool shed" to school site 9) Relocation - Charge "tool shed" to City yard 10) Tool shed rental City Halt 3300 Newport Blvd. (714) 673-2110 5, 1975. The following costs ees to hold uses of action ase, the termina- se of action. re as follows: Partial Month Service - $ 907.77 344.00 18.00 100.00 40.16 4.00 22.50 71.50 160.00 $1,733.93 50.30 $1,683.63 Fis.'torothy Levin November 13, 1975 Page Two As you can see, the City of Newport Beach is being more than generous in offering to waive the above charges against your client. However, we feel we cannot incur any additional costs in again relocating the equipment and material when we could have had that taken care of originally, had your client been diligent in pursuing her claim for the equipment and material. She knew full well the City's intent to store, at her cost, and finally relocate the equipment and material. Additionally, we feel it is not necessary for the Assistant City Attorney to view the unloading of the equipment to verify the inventory. This would be deemed to be an administrative or ministerial task which could be assigned to any employee of the City of Newport Beach. You should also consider and resolve the security interest in the property claimed by the Bank of America prior to a final determination of this matter. The City of Newport Beach is in a position where we can only indicate to you that we expect your client to have resolved •her problems with the Bank of America to a satisfactory fashion and have obtained a release from the Bank of America -and be willing to pick up either at our yard or cause to be moved, the three subject tool sheds to a location of your client's choice, at her cost, on or before November 21, 1975. Other than that, we have no choice but to. cause the property to be sold at auction at the next abandoned property auction conducted by the Newport Beach Police Department. I hope the foregoing clearly states the position of the City of Newport Beach in regards to this matter. Very truly yours, HUGH R. COFFIN Assistant City Attorney HRC:yz cc: City Manager Finance Director 1 .J LAW OFFICES OF P"A 4V Wt, attorney at law DOROTHY LEVIN attorney at law SASKIA ARTHUR attorney at law November 5, 1975 City of Newport Beach City Hall 3300 Newport Blvd. Newport Beach, California 92660 Orange Coun7w,-�Offire 5249 Lampson Ave., Garden Grove, CA 92645 Long Beach Address P.O. Box 15278, Long Beach, CA 90815 Re: 5th and Marguerite School Lease Site Attention: Hugh R. Coffin Assistant City Attorney Gentlemen: I have spoken at length to Mrs. Des Brisay and she is willing to accept your offer to waive all charges and return her possessions. However, there are two problems: Because Mrs. Des Brisay has been treated so shabbily by the tenant who illegally confiscated her belongings, as her landlord we shall expect you to deliver the merchandise at a warehouse of our designation; and, that someone of your stature and position be present in order to insure that all of the items on the inventory are in fact returned to Mrs. Des Brisay. The file reveals an abhorrent treatment of a taxpayer and I am certain every effort on your part will be made to correct these discrepancies. Your courtesy and cooperation will be sincerely 213 421-1777 714 898-3396 r •City of Newport Beach Page 2 Re: 5th and Marguerite School Lease Site November 5, 1975 aDDreciated. DL:njd 8 JIJ 091 0,0 We Carden School Coronadel Mar October 1, 1975 Mr. Robert Long Assistant City Manager City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92660 Dear Bob: We have deducted the following expenses from our October lease payment (payment enclosed): Storage of Mrs. Lindow's property School building space - 43 days @ $8/day $344.00 Dewey trash container - 1 month 18.00 Moving expenses 20 man-hours (school supplied) @ $5/hr 100.00 Contracted labor (Manpower Services) 40.16 Rental of Piano Dolly from Tice's 4.00 Hauling of Playground Equipment 22.50 Total vi �, $528.66 Also enclosed is an inventory of Mrs. Lindow's property. I have a more detailed inventory available which is also much less readable. I have attempted to list the most important items. Yours truly, John D. Wilson 3300 Fifth Avenue • Corona Del Mar, California 92625 • (714) 640-4181 r� 04 Inventory of Mrs. Lindow's Property Transported to City Yard in Three Storage Containers Quantity Description 1 Clothes Washer 1 Clothes Dryer 1 Gas Range 1 Refrigerator 1 Freezer 1 Dishwasher 1 Kirby Vacuum Cleaner 1 Couch 1 Portable electric typewriter 2 Stuffed Chairs 1 Wood Cabinet 5 Office type desks 1 Bean Chair -- Misc Blankets and drapes 26 Small Cots 5 Record Players 1 Roaster/Grill 1 Wet Suit 4 Tricycles 73 Modular Desk/Chairs (Student desk) 129 Student chairs 11 Multi -Student Tables 1 Round Adjustable Table 1 Oval Throw Rug 1 File Cabinet 6 Toy Stoves or Sinks 1 Piano 1 Round Table 1 Medicine Cabinet 1 Plywood Cabinet 1 Small Rocking Chair 1 Small Chair 1 End Table 31 Boxes of Saltine Crackers 2 4 x 4 Orange Wood Tables 2 3 x 7 Orange Wood Tables 3 Suit Cases 3 Book cases 1 Lawnmower 1 Playhouse 1 Paper Cutter 1 Box Yarn (nice) 4 Easels 22 Boxes (some very large) of books 1 Teather Ball with Pole 1 Case of 24 10 oz cans Pizza Sauce 1 Bench 1 Rocking Chair 1 Swivel Chair MANAGERS OFFICE 45,Dfit`j 7G7S CITY of NESY`CALIII. i`•/ Page two - Inventory The remainder of the property consists of an incredible collection of junk, mostly in boxes. Items included are trash can, empty plastic containers, auto club books, more saltines, cans of beans, boxes of empty glass jars, 3 boxes (15,000 sheets) of printed brochures, Z cases of royal gelatin, 11 tubes of toothpaste, step stool, used tractor tireold environmental reports, empty egg cartons, water cooler,, box of broken toys*and parts, toilet tissue, many boxes of personel papers, boxes with small clothes, christmas stuff, paint cans, garden compounds, several paintings, window shades, crayons, etc, etc. � k,AW OFFICES OF LACKMAN AND LACKMAN SUITE 200 SAMUEL LACKMAN to PINE AVENUE I.AWRENCE M. LACKMAN LONG BEACH, CALIFORNIA 90802 "2.0026 - 437-2362 - 438.40?3 IN REPLY REFER TO Gepter-ber 12, 1975 , 366475 hk-srcelle Des Brisay 5382 Marietta "--• � ' �.,arden !':rave, California 92645 s `�c�'-� = 1�.%S •-_. ' ''" ,— •i Dear Firs. Des Brisay: f '• `.: � This will confirm our telephone conversation of. Thursday, ..S.e�r 11, 1975 concerning your claims against the City of DTe >E<irt',BeacTi�t al., for unlawful eviction, interference with eocnamic expectancy, i*ttentional invlic:tion of evotional distress, and such other causes of actions as %rf we have discussed. I• It is our understanding that after a few days rest, you and your husband have concluded that the costs of litigation and potential recovery, when cotzpared to the recover, of your health, dces not warrant Iitigatior_. 'Accordingly, tre enclose our state*ent to fees for titre expended to date, - which we trust you will find satisfactory. I� It is our further understandinq that you will discuss directly with J T'.r. Coffin, Deputy City Attorney, a tratual release with the City by which each will agree to waive any and all clairst demands, etc., and in consideration thereof the City, will oraive its claim for unpaid rent in the appmd.rate srLi of $700.00. As far as the City is concerned, this release would not include, any claim that you tray have against the subsequent lessee who, according to mr. Coffin, without the kncxaledge, permission or consent of the City, proceeded to. oust you from possession. a T-Te appreciate the opportunity of having been of service to you in this ' matter and trust you will feel free to can-muhicate'trith us should you have any question concerning the same, or the other tretter that ices briefly discussed. Very truly yours, LAACh'PWJ AND LACfQ'4 4 By 1'. ;V c li i/. �r� ✓ 1. H. TAC10MAT TITL:mg CC: TTugh Tt. Coffin, Esq. Encl. Dictated but not read. 0 44iA��'A 0 +CITE' OF, NEWPORT BEACH CALIFORNIA 92600 September 10, 1975 Mr. Lawrence H. Lackman Lackman & Lackman Attorneys at Law 19 Pine Avenue Suite 200 Long Beach, California Re: 5th & Marguerite School Lease Site Dear Mr. Lackman: City 11211 3300 Newport Blvd. (714)673 2110 r On September 10, 1975 the City's lessee at the 5th & Marguerite school site in Corona del Mar caused the property of your client, Mrs. L. Des Brisay, abandoned on the'property to be transferred to large, closed and lockable storage bins which will be transported on September 10 or 11, 1975 to the City's corporation yard. Unless your client makes arrangements to reclaim the abandoned property on or before October 15, 1975, and pays the necessary moving and storage charges, the City will cause this property to be sold at the City's excess property auction in November, 1975. If you have any questions regarding this matter, please don't hesitate to contact me. n ,. HRC:yz cc: Mr. Robert Long, Administrative Assistant a 0 Fe Carden School 9f Corona Del li/Ilar September 5, 1975 1UDITH WILSON, Director City Attorney The City of Newport Beach 3300 Newport Blvd. Newport Beach, Calif. 92660 Dear Sirs: When we moved into the facility at Fifth and Marguerite avenues in Corona del Mar, we allowed the City, as our landlord, to store some property of the prior tenant in one of the rooms. It was our understanding that the need for such'storage would cease after 30 days. The 30 days have expired and we will no longer be able to accommodate the storage of this property at our facility. NOTICE OF INTENT On Monday, September 8, 1975, we will order and cause to be delivered to our facility storage devices of suitable size'and quantity to contain the property of the prior tenant. We intend to load this property (with the exception of large items such as playground equipment) into these devices. We will then transport the containers and all of the prior tenant's property to the City Yard of Newport' Beach where it shall be deposited. We shall seek remuneration from the City of Newport Beach for the cost of performing this storage and transfer. ck, ours' truly, r flohn D. Wilson 2900 Pacific View Drive q, Corona Del Mar, California 92625 0 (714) 640-4181 CITE' OF NEWPORT BEACH PARKS, BEACHES AND RECREATION DEPARTMENT +August" 1'3,• 1975 . Mr. John Wilson c/o Carden School 3300 Fifth Avenue Corona del Mar, CA - Dear John: City Hall 3300 W. Newport Blvd. Area Code 714 440.2271 This letter is to confirm our telephone conversation regarding the Ficus benjamina trees Located on City property at Fifth and Marguerite. We are authorizing approval for you to have these trees boxed and held on the property until such a time as they are sale- able and then funds received from the trees will be used•to offset the landscaping expenditures that you will provide on this City -owned site. in order to keep the City apprised of the landscape installations that you propose, it would be well if our landscape planner, Dave Fennell, has an opportunity to review your plans prior to installation. David would also be available to answer any questions that you might have rela- tive to landscaping the site and possibly could give you some advice as to what materials should -or should not be used at that location. I know that you are planning to do a good job of beautifica- tion at the school and the money derived from the subject trees may assist'you in offsetting some of those expenditures. Sincere lt� Calvin C: Stewart Director. CS:ci cc: Robert'Wynn, City Manager Q / � l� ,( LEASE \ (5th & Marguerite Site) ✓ ' The Carden School of Corona del Mar THIS LEASE, made and entered into this, / ay of�. 1975, by and between the CITY OF NEWPORT BEACH, a Municipal Corpora- tion, hereinafter referred to as "City", and JOHN D. WILSON and JUDITH A. WILSON, husband and wife, doing business as The Carden School of Corona del Mar, 2017 Miramar Drive, Balboa, California 92661, hereinafter referred to as "Lessee": W I T N E S S E T H: A. City holds title to that certain real property consist- ing of two classroom buildings and administrative building in the City of Newport Beach, County of Orange, State of California, located at the northeast corner of the intersection of 5th Avenue and Marguerite Avenue and which is described as: A portion of Block 96 of the Irvine Sub- division, recorded in Book 1-, page 88,' Official Recoras-of Orange County, a.% more particularly described on attached Exhibit I and shown on attached Exhibit Ir." B'. City proposes to lease to lessee the premises described hereinabove and the structures located thereon and; lessee proposes - to lease from City said real property and buildings,, consistent -with the terms, covenants and conditions contained hereinafter. C. City desires to retain controls over the use of said - property, which controls are expressed by the terms, -covenants and.' conditions contained hereinafter to protect the public interest in.. and to said property. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS,, hereinafter set forth, it is agreed as follows: 1. , Leased Premises. City hereby leases to and lessee does hereby, lease from the City the property described in pa;tiaciraplr A above. 2. Term. The term of this lease shall be from year to -1- year commencing on the 1st day of August of each year, unless sooner terminated in the manner hereinafter provided. 3. Rental. Lessee shall pay to City, and City shall `lam accept as rental for said demised premises, the sum of one Thousand Eight Hundred Seventy Five Dollars ($1,875.00) per month during each month of the term hereof payable monthly, in advance, on the first day of each and every month during the term hereof, and lessee shall pay to City the sum of Three Thousand Seven Hundred Fifty Dollars ($3,750.00) as payment for the first and last months rental under this Lease. 4. Use. Lessee shall use the demised premises, together with the buildings located thereon, for the purpose of operating a private day school. S. Alternate Business Activities. Lessee shall. not grant any concession, license, permit or privilege to conduct any business or other operation for profit or alter the use or type of service on the demised premises without the prior written approval of the City Manager. 6. Supervisory Control. City retains the power to exercise such supervisory control over the use and operation of the demised premises by lessee, with the right to enforce such rulest regulations and orders as may be deemed necessary by City in order to obtain compliance by lessee with the terms and conditions contained herein - Lessee agrees to comply with any such rules, regulations and orders. Any breach by lessee of the terms and conditions of this lease shall constitute grounds for termination. 7. Utilities and Maintenance. Lessee shall promptly pay, for all utilities services furnished to it, such as gas, telephone, electricity and water, as well as provide for the day to day maintenance and repair of the buildings. Lessee shall paint the buildings, which are presently in a poor condition, weed and land- scape the area bordering 5th and Marguerite Avenues, and re- establish the playing field on the east portion on the demised premises. Lessee shall further make all necessary repairs to the "'� E plumbing, electrical facilities and other portions of the buildings. 8. Taxes. Lessee recognizes and understands that in accepting this lease that his interest in the demised premises may be subject to a possible possessory interest tax that may be imposed by County authority, and lessee shall pay said tax, should it be imposed, and such tax payment shall not reduce any rent due hereunder. 9. No Assignment or Subletting. Lessee shall not assign or sublet this lease, or any portion thereof, nor make or suffer any alteration to be made in or on said property, other than the main- tenance required hereinabove, without the prior written consent of the City Manager. 10. Assumption of Tenant Ability. Pursuant to Section 1942.1 of the California Civil Code, lessee specifically waives his rights under Section 1941 and 1942 of the California Civil Code, and lessee agrees that any improvements, repairs or maintenance of all or portions_of the buildings, required to be done by lessee, are a part of the consideration for the rental hereunder, and•the rental payments Yiereinbefore set forth, shall not be reduced.. Lessee covenants and agrees to assume all of the obligations-andconcTitions under'Section 1941 and 1942 of the California Civil Code, which read as follows: llk1941. [Lessor to make dwelling -house fit for its. purpose]-. The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable', except such as are mentioned'in section nineteen hundred and twenty-nine. §19.42. [When lessee may make 'repairs, etc.] (a) If within a reasonable time after notice to the lessor, of dilapidations which he ought to repair, he neglects to do so, the lessee may repair the same himself,, where the cost of such repairs does not require art expenditure greater than one month's rent of the premises, and deduct the expenses of such repairs from the rent, or the lessee may vacate the premises, in which,case he shall be discharged from further pay- ment of rent,'or performance of other conditions. This remedy shall not be available to the lessee more than once in any 12-month period. (b) For the n.Y -3- S 0 C 40 purposes of this section, if a lessee acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a presumption affecting the burden of producing evidence." 11 Permits and Licenses. Lessee is using the demised premises for the operation of a private school. Prior to commenc- ing said operation, lessee shall obtain, and keep in force and effect during the term hereof, all permits, licenses or other entitle- ments to be used issued by any City, County, State, Federal or other governmental jurisdiction. Should any permit, license or other entitlement to use be lost or modified, lessee shall forthwith terminate his operation or if necessary, a part thereof as is required by the loss and reduction of a license, permit, or entitle- ment to use. 12. Insurance - hold harmless. Lessee shall save and keep City, its officers, agents and employees, free and harmless from any and all claims or demands of any kind or nature whatsoever arising out of, or incident to, the use and occupancy of the premises herein demised. In partial performance of this obligation by lessee•, lessee shall procure and at all times during the term.of this lease, maintain in full force and effect, a policy or policies of public liability and property damage insurance protecting the City of Newport Beach, its officers, agents and employees from all claims or demands fbr damages. The policy, or policies shall provide for not less than Two Hundred Thousand Dollars ($200,000.00) for injury or death of one person, Five Hundred Thousand Dollars ($500,000.00), for injury,or death of two or more persons, and Fifty Thousand Dollars ($50,000.00) for damages to property. The City Manager may require an increase in the amount of insurance from time to time in accort'ance with the changes and economic conditions. Said policy or policies shall contain an endorsement which shall provide as follows: "b;:thin the limits set forth in this policy, to indemnify--* and save the City of Newport Beach, its officers, agents and M I employees free and harmless from any damages, claims, loss or liability of any kind or nature whatsoever which the City of Newport Beach, its officers, agents or employees may hereafter sustain or suffer, or may be imposed upon them, arising out of, or any way connected with, the use or occupancy by the insured, its servants, agents and employees, of the premises described in a lease granted to the insured by the City of Newport Beach, the City of Newport Beach is named an additional insured under this policy. it is further agreed that said insurance shall be primary insurance and shall not contribute with any other third party liability insurance adailable to the City of Newport Beach." Lessee shall furnish, and maintain with the City, either the original policy or policies, or a certified copy, or copies, thereof. The policy or policies, shall be approved as to sufficiency - by the City Manager and as to form by the City Attorney. Said policy or policies shall further contain a provision that they may not be terminated without prior thirty (30) days written notice to the City, 13•: City's Right of Inspection. City reserves the right by its authorized agents, employees or representatives•to! enter the leased premises at any reasonable time to inspect the same or any part thereof and to attend to or protect the,Cityl& interest under this Lease. 14. Compliance with Laws. Lessee covenants and -agrees to comply with all of the rules, regulations, statutes, ordinances and laws of the State of California, County of Orange, City of Newport Beach and any other governmental body or agency have a lawful jurisdiction over the demised premises or the -business,, enterprise or activities conducted thereon,, 15. Surrender of Premises Upon Expiration or Termination. At the expiration of the term of this lease, or sooner termination of this lease, lessee shall quit and surrender possession of, theme property and appurtenances to the City in as good order and condition as the property was after lessee had performed the maintenance work :I G C • r.0 as required under the terms and conditions of this lease, reasonable wear and tear and damage by the elements excepted. 16. Non -Compliance. If Lessee fails to comply with any of the terms and conditions of this lease, City may give to the lessee a notice in writing of such failure and specify therein the particulars in which lessee has failed to comply with the provisions of this lease. If Lessee fails for a period of ten (10) days after• the giving of such notice to comply with the provisions of this lease, the City may, at its option, terminate this lease, and all rights of lessee herein shall cease and terminate and lessee shall immediately thereafter peacefully deliver possession of the premises to the City. 17. Default and Termination of Lease. A. Default. Time and each term, covenant and - condition hereof are expressly made the essence of this lease.. if lessee shall fail to comply with any of the terms, covenants, or conditions of this lease including the payment of rental herein reserved, at the time and in the amount herein required, and shall fail to remedy such default within thirty (30) days after service of a written notice from City so to do, or to commence in good faith to remedy any other default within thirty (30) days and there- after diligently prosecute the same to completion, or if lessee shall abandon or vacate the leased premises, City may, at its option, without further notice or demand, terminate this lease and enter upon the leased premises and take possession thereof and remove any and all persons therefrom with or without process of law. H. Termination. City and Lessee each respectively reserve the right to terminate this lease for any reason, and without cause, at any time by giving the other party ninety (90) days prior written notice of its intention to terminate. C.. Surrender of Possession Upon Termination. Lessee covenants and agrees that upon the expiration or sooner termination of •t.his lease, the lessee will peacefully surrender the leased premises with all buildings and improvements, in the same conditicn. -6- C• t as when received, and as maintained and improved by lessee as required herein, less reasonable use and wear thereof, any damage by fire, act -of God, or by the elements. Lessee expressly waives any right which it may have to relocation assistance or other costs in vacating the demised premises under the relocation law of the State of California, Section 7260 et. sect. California Government Code. Any improvements built, constructed or placed upon the demised premises by the lessee, or anyone holding by, under or through it, shall remain on the leased premises and become the property of the City without any costs to City upon termination of this lease, whether by lapse of time or by reason of default, unless the lessee elects removes said improvements within sixty (60) days following the expiration or termination hereof. D. Remedies Cumulative. The rights, powers, elections and remedies of the City contained in this lease -shall be, construed as cumulative and on one of them shall be exclusive of the other or exclusive of any rights or remedies allowed by law, in the exercise of one or more rights, powers, elections or remedies shall not appear or be'deemed a waiver of City's right to exercise any other. E. No Waiver. No delay or omission of''the City, to exercise the right or power arising from any omi:ssion,.negiect, or default of the lessee shall'impair any such right or power or shall be construed as a waiver of any such om%ssiori, neglect or ' default on the part of the lessee or any acquiescence therein. No waiver of any breach Of any of the terms, covenants, agreements., restrictions or conditions of this lease shall be construed as a waiver of any succeeding breach of the same or of any of the terms,, covenants, agreements, restrictions of conditions of this lease. F. Holding over. It is mutually agreed that if the 4---lessee shall hold over after the expiration of this lease for any cause, such holding over shall be deemed a tenancy from month to, month only, and upon the same terms, conditions and provisions of i this lease. (0 co G. Notice to Renew. Should lessee desire to renew this•lease, he.shall give City ninety (90) days advance written notice. The City is not bound or obligated to renew this lease. H. Liquidated Damages. Should lessee hold over after receipt of notice from City to terminate the lease as provided hereinabove, and not with the consent of City, it is agreed that the damages suffered by City are extremely difficult to ascertain and the parties hereto agree that liquidated damages will accrue to the City in the amout of $60.00 per day held over, in addition to rental charge payable on a per diem basis for each day held over by lessee. 18. Attorneys Fees. Should the City be required to commence any legal proceedings to enforce'a term, covenantor condition of this lease, the prevailing party shall be compensated by the other for all costs and attorneys' fees incurred by the prevailing party in prosecuting an action hereunder. 19. Notices. It is mutually agreed that any notice or notices provided for by this lease or by law, to be given or served upon the lessee, may be given or served by mail, registered or certified, with postage prepaid, and if intended for the City of Newport Beach, addressed to the City Manager, Newport Beach, California 92660 or at such other address as may hereafter be furnished to the lessee in writing and if intended.for the lessee, addressed to lessee, 2017 Miramar Drive, Balboa, California 926,61. Said notice may also be served personally from the other party, and such service shall be deemed complete at the expiration of forty-eight hours from and after the deposit in the United States Lail of•such notice, demand or communication. 20. Assurances. The lessee gives to the City such assurances as are contained in attached Annex No. 1, as said assurances can apply to lessee, which is incorporated herein by this reference and any'breach of any said assurances shall be cause for termination as hereinabove provided. IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. ATTEST: CITY OF NEWPORT BEACH '- �'. � tea_ //_ ✓•..�, ... THE CARDEN SCHOOL.OF'CORONA.DEL MAR By n D: Wi so By7s- udith A. Wilson -9- c • c 0 4 Beginning at a point on the northeasterly right-of-way line of Fifth Avenue, which point is at the beginning of the right-of- way line radius at the northeasterly inter- section of Fifth Avenue and Marguerite Avenue; thence southeasterly along said northeasterly right-of-way line a distance of 514.63 feet; thence northeasterly, along a line lying S. 400031561 W, a distance of 313.75 feet; thence northwesterly, along a line lying S 59025116/1 E, to the intersection of said line with the southeasterly right-of-way line of Marguerite Avenue; thence southwesterly along said right-of-way line and following the right-of-way line radius at the northeasterly intersection of Fifth Avenue and Marguerite Avenue back to the point of beginning. EXHIBIT I ' PLO i • I .I 1 ' 4 _ ' 1 ' _ ( L .. 1• • h ; y ' f 4 v I i o 4 R A ti O tMs . 1 0 b-fARIGOLD ' I.Y." � �. b •�'{ '�'� ', ti' � r 9 nA� 3 7 I I .. r, O 6R. 7$/$_700 I Q 4? . . I`n /J17J I ♦ I i� �iI � y h •�•. i U V I - �1 p' I n I 1 f i t .I /- I e r4 '•�' .,' • ASSURANCES (INSTRUCTIONS: The City must provide assurances following items: The only exception is item No. certify as to either. (a) or (b), or to both.) and/or certify to all of- the 9 for which the City must The City hereby assures and certifies that he will comply with the fiscal and accounting regulations, policies, guidelines and requirements of the County of Orange as they relate to the acceptance and use of Federal funds the-County this federally —assisted program. •Also, the City.. gives assurance and certifies with respect -to the grant that: 1. It possesses legal"authority to submit the.•component•grant application and to' execute the proposed progicam,that a resolution motion or similar action has been duly adopted or passed as ati official act -of the .City's governing body; authorizing the filing of the component application,' - including all understandings and assurancesicontatned therein, and directing and, designating the City's chief executive officer as the authorized 'representative of the City to act iri connection with .the application' and to provide such additional information as•may.*be require 2. It will comply with:• (a) Title'V.I of the Civil Rights Act of 1964(P-Z.88-352)• and In. accord- ance 'sri.th Title VI of that Act, no person in the United States shall on. the ground of race..'- color, or national origin, be excluded from participation in, be denied the -benefits of," or be other w3s"e,eube, ject.d to discrimination under any program or activity for which the'City receives Federal financial assistance and' will iinmexUately take any measures necessary to effectuate this agreement.• rf. any _ real: property or structure thereon is provided • or imprigyezd vi. the,aid"of Federal financial• assistance extended to.. the, CUy, this assurance shall .obligate the City or in the• case of" any trin,*fer, of'such property, any transferee, for the period during which the real' property or structure is used for a purpose ikor which tie Federal financial assistance is "extended ox, fo%­ a-nother p!urpp"a,e ' involving the provision of similar services or benef`its. (b.)" Title VIII ;of the Civil Rights Act. of 196'8(7P284)' as..amimde � and•• will administer all programs and' activities" re3:ating, .•to -housing and community development -in a manner'to aMrmativelY further fair housing. .. '• ; .•: ...: • ..; ,..,. (c) Section'109 of the Housing and Community'Develo'pment Aht"of•TaTk an In conformance with all requirements impose& by"or.pursuant to tiie Regulations of the Department (24 CFR Part• 570:-601), issued Rursu-a-'at, to that tectioh; and in accordance, with.that Section.,, no, pers,ou In - the. United States shall on the ground of r. race,, colp,, .national dr.4i or s_x; be excluded from participation in, be denied the-b eneflts•o or be subjected to discrimination under, any. program or activity funded :'n whole or in part •with the community development funds. (d) Executive Order 11063 on - equal opportunity in Fro,using;.' (e) Section'3 of the.Housing and Urban Development Act of 1O8, as aiaended requiring that to the greatest extent feasiale opportuaitie" for training and employment be given lower income residents of titer project area and contracts for work in connection with. the project be'awarded to eligible business concerns which are located in, or awned in substantial part by, persons residing in the area of the project. w 3. Prior to the submission o (a) Pro;.ded citizens wit . of funds available fo f its component, application,.tae C;ty has: . h adequate information concerning the amount r proposed community development and 'housing, ANNEX NO. 1 activities; the of activities that mt undertaken, and other important program requirements; (b) Held at least two public hearings to obtain the views of citizens on community development and housing needs; and (c) Provided citizens an adequate opportunity to participate in the•d.evelo went of the component application and in the development of any revisi changes, or amendments. 4. The City will: (a) Provide fair and reasonable relocation payments and assistance in acco ante with Sections 202, 203, and 2042 of the Uniform Relocation Assis- tande and Real Property Acquisition Policies Act(P.L.91-646) and appli •cable.HUD regulations, to or for families, individuals, partnerships,,' corporations or associations displaced as a result of any acquisition or real property assisted under the program; (b) Provide relocation assistance programs offering the'services described in Section 205 of P.L.91-646 to such displaced families, individuals, ' partnerships, corporations or associations -in the manner provided unde applicable HUD regulations; (c) Assure that, within a reasonable time prior to displacements deeant3, safe, and sanitary -replacement dwellings will be available't,o such displaced families and individuals in .accordance, with Section 7.05(c) (3) of•P.L.91-646; (d) Inform affected persons of the benefits, policies,. and proiaedures•pro- vided-for under HUD regulations;, and (e)•Carry out -the relocation process in such a manner as .tb�-provide dis-• placed persons with uniform and consistent services, and assure that replacement' housing Rill 'be -available in the same 'range, of chaices _ with respect to such housing to all displaced persons regardless of "rade, color,, religion, or natipnal origin. 5. The City will: (a) In acquiring real property in connection with the community developmen block grant program, be guided to the extent permitted 'under State law, by the real property acquisition policies set out under Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act and the provisions of Section 302 thereof;. , (b) Pay or reimburse property owners for necessary expenses as specified in. Section• 303 and 304 of the Act; and- (c) Inform affected persons of'the benefits, policies, and procedures pro- vided for under HUD -regulations. 6. It will give HUD and the Comptroller General through any authorized repre- sentative access to and the right to examine all records, bobka,•papers, or documents related to the grant. 7. The City .will comply with the provisions of the Hatch Act which limit the political activity of employees. 6. It will comply with the provisions of: Executive Order 11296, relatingto evaluation of .flood hazards.' and Executive Order 11238, relating to the prevention, control, and abatement of water pollution. I 9. The Community Development Program: (a) Gives maximum feasible priority to activities which will benefit low -or moderate -income families or aid in the prevention or e]:imination of slums or blight; i co (b) Contains activities designed to meet other community develop- ` merit, needs having a particular urgency which are specifically identified and described in the City's community development plan summary and community development program. 10. It will establish safeguards to prohibit employees from using positions fo a purpose that is or gives the appearance of being motivated by_a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties.. legal Certification: As counsel for the City and an attorney -at -law admitted to practice in the State in which the City is located, X certify that the facts and representatives coptained in Assurance I4o. l above. .to be true .and in accordance with State and local law. Mrs. Marcelle New portX_vi ' ment Cente 5th & Marg er Corona de Ma to Avenue , CA 92625 OP NEWPORT BEACH -CALIFORNIA City llall 3300 Newport Blvd. '( 0673 2110 I am taking the liberty of writing a letter directly to regarding the lease of the site at 5th & Marguerite in City of Newport Beach. As you know, the lease between the State, assumed by the City of Newport Beach, and Joseph A. Muslin, I assume you are a sublessee or are in possession of the property under -another arrangement with Mr. Muslin, terminates July 31, 1975. We have served a Notice of Termination of Lease and Notice to Quit, on Mr. Ernest Gilbert of Newport Beach, whom we assume to be your attorney. seeking information from you now whether or not you to voluntarily vacate the premises on or before July I would hope to hear from you riot more than the date of this letter as to your intent in thank you for your courtesy and cooperation. truly yours, HUGH R. COFFIN Assistant City HRC:yz cc: Ralph J. Carrel Ernest Gilbert Joseph A. Muslin Bob L9ng seven (7) days this matter— CITY OF NEWPORT BEACH MEMORANDUM: From Administrative Assistant to the Dick Hogan, Director City Manager TO ................ Community,.Development..Dept. Jul ... 2....... 75,. SUBJECT: 5TH & MARGUERITE PROPERTY As you know, the City of Newport Beach is terminating the lease on July 31st of the current tenants at the 5th and Marguerite property. We have been notified by the lessee that they intend to take all properties including the fence area surrounding the school. In checking the lease agree- ment we do not find any provision stating that they own the fence or any other items, therefore, we would appreciate it if you could have somebody from your department go to the facility and inventory the premises for our protection. l ti If you have any questions, please contact me. • p RF 1 RJL : i b o� G ✓U Oo o� iy O Reply wanted 0 p Reply not necessary 0 By ............. 8.... �ARc/rg�.SAsk , 1 0, W1tou"r CZ(terJ FCNelL n:r y.or"Im , .FIRE GXfio✓o'jjfW& FA n Su►rric Gy," ,w-,LLr vg7Ep olAY/µr eisse t", 'y r xxY xxY�r� rX k k X 2 7 C!{A�zs t 044e OD . I.el T acies ,ht rg.c; 'S r�+, r� �ialaS <.A�zs ,a ILI Y x K x k y X X N 7e X' X x )e K X )e N •a ' w ' ar .*• e aag � F 4299 MacArthur Boulevard, Suite 204 Newport Beach, California 92660 714-752=8313 Mr. Robert Wynn City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Wynn: american pre•schoois June 30, 1975 S notice where the City Council recently leased the old Harbor Day School to the people from Carden Hall. T am truly sorry that this oppor- tunity was not made known to the public. We would have been interested in developing a pre- school and Sr. Citizen project simultaneously. If the current lease is truly for one year, we would like to be notified in advance regarding future opportunities for this site. in the interim, we are pursuing other pre-school oppor- tunities in the community. Sincerely, ack Ferry JP/s Members National Association for Child Development and Education -National Association for the Education of YoungChildren•Association for Childhood Education International. Fj • lf� G/A c17s' NB Leases Acreage For Private School NIDWPORT REACH , C councilmen this week voted to lease three acres for a ye to a,prfvate elementary echo aublee to a e0.day written ea collation notice. The council had agreed principle on June a to lease t parcel, at eth Street and Mi guerits Avenue in Corona t Mar and the three buildings It to Carden School, the bight of three bidders. The .land is part of a 0-ac parcel the city bought from V state in April, which was part the former right-of-way for to now -defunct Coastal Freeway. Councilwoman Lucille Kuel opposed the lease, saying that might interfere with tented city plans to build a se citizens center on the portia the property to be leased to But several council mewl favoring the lease said the i for citizen center plena no advanced or certain enough the city, to pass up the $22 annual rent the city will from Carden School. { UNITFID STATES POSTAL SERVICE OFFICIAL BUSINESS I-----�i--_ PENALTY FOR PRIVATE SENDER INSTRUCTIONS OF POSTUSE TO AVOIDSTAGE, EN PAYMENT —. Print your n ing, eddlesa, and ZIP Code In the spec. below. Complete Item. 1 end 2 "rovers,",, e rovers, alde. • Maiaten gummed end, end ettech to b,,k o,,tide. ----- RETURN TO ids•-,�^ 401 Robert J. Long Administrative 3300 Newport B1 City of Newport ti Newport Beach, k� A 99690 - uAranc�d: • SENDpt. AM v aM tm m'tihe "R6IVMN 7U" gate ee 1. The US -ling aervke is requested (cheek see) ® Siew In whom and date deft a d.... .------- IN ❑ Show to wiap, date, t addnma of &iiv y_ SS! ❑ DELIVER ONLY TO ADDRESSEE and show a wUM and due delivered............ 650! ❑ DRUVER ONLY TO ADDRESSES and show to whom, date, and addmu of deft a ......... .............. .... 89s :. AWFWU aeotMq8W M Ms. W L. Des Brisay, Director Newport -Riviera EAC Center 5tb i MWguerite. CD?i 9M5 a mete MMrnon M IM I C"MnED Na I UISURED MO 312982 I have -mved the article described above S MAUSE N 00 m1 Cc1 r� 1y�0� F�4 RECEIPT FOR CERTIFIED STREET AND P.O., STATE AND ZIP CODE RECEIPT Apr. 1971 3800 viera EAC Center e� 6/19/15 where INSURANCE COVERAGE PROVIDED— (Soo other side) NOT FOR INTERNATIONAL MAIL > GPO : 10720-460-740 CITY OF NEWPORT BEACH CALIFORNIA 92s6o city Hall 3300 Newport Blvd. (714)673 2110 June 19, 1975 Ms. M. L. Des Brisay Director Newport -Riviera Early Achievement Center 5th & Marguerite Corona del Mar, CA 92625 Dear Ms. Des Brisay: This is to notify you that the City Council will consider adoption of a resolution to accept the proposed agreement with Carden School of Corona del Mar to lease the property at 5th and Marguerite on June 23, 1975 at the regular Council meeting at 7:30 p.m. If you are interested, please plan to attend. Sincerely, ROBJ DN ERT J. L G Administrative Assistant to the City Manager RJL:ib lI O r' It STATE OF CAUFORNIA—HEAYTH :AND WELFARE AGENCY DEPARTMENT OF iMA1TH 28 CIVJC CENTER PLAZA SANTA ANA, .CAUFORNIA 927Jn June IT, 1975 Mrs. Marcelle lindow Newport -Riviera Early Achievement Center Fifth and Marguerite Corona del -Mar, California 92625 Home Residence 3382 Marietta Avenue Garden Drove, California -92645 Dear Mrs. Undo= After repeated unsuccessful efforts to xontact you by phone, registered letter, and by leaving of .deficiency notice at the 3iewpor_t Riviera. Early -Achievement -Center, we are sending you this registered letter. We are asking that -you cease operation mf your Pre-school and extended Day Care program (total) of the Newport Riviera Marly Achievement Center, 31h and Marguerite,.Corona -del Saar, 92625 within two weeks (by'July 1st 1-975) due to repeated violations of the regulations of the Administrative Bode Title 22 and our xoncern for the safety and well being of the xhildren .attending. The :most flagrant ar3alativns whi-eh have nccurred-repeatedly for -over eight months and you have been requested to correct but have failed to do so are.- 1. Violation of Administrative Code Title 22_section 31201 ,and 31202 - An approved, .qualified director has not been Dn the premises 3n .charge of the operation of the facility Mrs. l-ndow eras approved as the di- rector and she has mot been on the premises for an Extended period and .could not be reached by phone, letter or messages left at the facility. 2. -Violation of Administrative Code 'Title 22 sections 31210, 33199 end 31200 repeated turn over of staff and no one with authority to super- ., vise .and :direct staff in the care .of the children. 3. Violation -of Administrative Bode Title 22 section 31263 and 31283 toilets have been inoperable, bathrooms are -filthy, mnsanitary and at -times feces In she bowl not flushed -or motemptiedSue to toilet being clogged. No toilet paper mr tamelling-paper 3n bathrooms -conditions threaten the health and safety of the children. 4. Irresponsible management of the facility Mrs. iindow has failed to com- muLnicate with the Department of Health ms requested by 11censing evalu- ator., Mrs. Mir -an. ViolationofAdministrative Code 'Title 22 - Section 31191 and Section 31193•par-t (b).. " 5- Children were removed from the premises without parents knowledge Dr permission. 'This is violation of Administrative Code Title 22 Section qb Mrs. Mareelle lindow — 2 — June 17, 1975 31237 and Section 31225. 6. Lack .of adequate custodial xare xesulting in poor sanitary conditions — Yiolation Section 31263. We expect you to =I-ose the mperation of the facility as directed or further administrative action will be necessary by the Health Department. _Sineeral7 7oura, .Anne Mixan Zixensing 3 valuator xcs 21r Ron Whitley Nesport beach Yarks, Beaches & Recreat%on Department'CJ:ty Hall 3300 Newport Boulevard Newport Beach, .California 92660 Newport Beach-Y re Yrevention BuTeau Your rase # .OR 8573 WD 1+73 — 32nd Street Newport Beach, Dali-fornia 9266D hM/rf