HomeMy WebLinkAbout03-04-1980 - AgendaCITY OF NEWPORT BEACH
PARKS, BEACHES AND RECREATION COMMISSION
REGULAR MEETING HELD TUESDAY, MARCH 4, 1980
CITY 'HALL COUNCIL CHAMBERS
7:30 p.m.
AGENDA
F '
I. PROCEDURAL MATTERS:
1. Call to Order
2. Roll Call 1
3. Approval of Minutes - Meeting of February 5, 1980- arQo 'Qb1� !
A. Adoption of Agenda
II. RECOMMENDATIONS FOR ACTION:
5. Small Boat Launching Committee Recommendations
6. P.E. Right -of -Way Acquisition, Development Concepts,
Maintenance Requirements, etc.
III. CO
7.
8.
9.
10.
11,
12.
AMITTEE REPORTS:
Budget Committee....
Ocean Front General Plan...
Park, Planning,
Development & Maintenance..
Parkway Trees....
Recreation Facilities....
Recreation Programs....
Chairman: Cole
Chairman: Lovell
Chairman: Schwarz
Chairman: Cole.
Chairman: Winburn
Chairman: Green
13. Bikeway Trails.... Liaison: Ross
14. Litter.Control Committee... Liaison: ei- Cole
15. Senior Citizen OASIS.... Liaison: "Ross — &__1 ^�
16. Theatre & The Arts... Liaison: Green
IV. INFORMATIONAL REPORTS:
17. John Wayne Committee Report
18. 1980 -81 Budget
19. Recreation Divison Report
20. Park-Division Report
V. SPECIAL, URGENT OR LAST - MINUTE ITEMS
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CITY OF NEWPORT BEACH
PARKS, BEACHES AND RECREATION DEPARTMENT
T0: PARKS_,, BEACHES AND RECREATION' COMMISSION
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FROM: Parks; Beaches and Recreation Director
SUBJECT: P.•E. RIGHT -OF -WAY
DATE: March 4,,:1980 „
To assist the to''ission' in' determini'ng what should go back to the City
Council on the acquisition" and development•of the P.E. Right =of -Way, I
have listed below comments 'regarding the'area. `In addition, four alter-
natives for development will be visually presented' for your consideration.
PRIORITY
Acquisition - West Newport is a "much deficient area from, a'park standards
standpoint. For this reason, the acquisition Woul-d'be very 'desirable. As
a means of beautifying our west entrance-to the City, this property would
provide needed open space as well'as'enhance the area:
Development - Because of the configuration'o`f the•adailabl'e parcel; many
amenities found in the ,traditional park "development are not possible. Every-
one, including residents of West Newport, must be made aware that the Park,
if deVeloped in accordance with °the adopted1a'ster°Plan, would-not pro,vide'a
playfield, ball diamonds, etc.-for active recreation-and sports:-programs.
Funding - _'Acquis.itioh Development and Maintenance
In addition tottin report to the City Manager on•poss•ible funding sources,
"which appear to be minimal and negative, there are these possibilities:
(1.)• General Fund Reserves (Acquisition)
(2.) :BuiTding'Excise Tax'•� (Development)
(.3.). • General Fund •Operation, •(Maintenance)
Fiscal,restraints that are facing the. City•because of recent tax reforms
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;,.are also found in,,County,,State , and.Federal agencies that formerly provided
acquisition and development funds for park- development. I don't mean to
sound negative, but real Iistically everyone has tightened their bel'ts......
Jo
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:ALTERNATIjIES, DEVELOPMENT
(1.); The ,exi•s,ting:'Ma'ster.. lah :,,Af developed,.'woul'Crequire
.- t 'a rP e'�4 } -.��rq 3 -.:.# ,., .,,q.q+2 ,ve•.h,i s
$500',000 to `deVe -lop: The'1Na'stei Pl;an.tvlien `.brepa'red by J) '
Kamineyer •and Lynch',.,- Lands cape, Architects;, todk,,j, tQ ; r;
account -'the future widenigg -Of Pac,jfic.Coast.Highway:
Therefore,•,i-t is consistent with land,'available and could
be implemented as, pr`opos'ed. "It is the'feeling' of'staff (.t
-that the,;two ,(•2)•additional,•ten'nis courts should be de-
'feted. This is; due..to the .location or direction and the
. .t,• :a .,', :'.,' Y,!SP °(: r)!t: ': ,r': :n:
indicatiop.,that the. four; (4), existing, courts are serving ,
,the needs .of ,the ,community. , f
t
(2.) No development is an alternative that'-would require'no
development funds to'be allocated. s,r,
.Brown Alternative, is a reduced development plan that pro-
vi,des restrooms,at.Prospect, Orange and'Olive Streets- `
„landscaping.and twenty parking spaces with most of the
area left 1n its natural sand%ttate. •. i.
:(4.) •,O.range,Alternative. ,istthe,same as the Brown „Alternative
except that' the far west end i$, expanded to provide for.
park area.
-And; of ,couvse;Y the Brown and •Orange a1'ternativgs •cant,,be jgrther, reduced
by eliminating,restbomspetc:.• •A-summary of :costs for -developme.nt alter-na -,,
tives are: <,, :Maintenance Costs
'$500,000'f6r•,full �deVelopmen't:.•. :.. ,,$25r;000 :Annually
(2. Y ZERO..:.':.' '7 1$ 500. tor: l.itter,,pick -up ',(existing)
(3.) $250,00 for' Brown�altternati•ve:'.'..:: ;r $7,500:Annually
(4.) $350;000 for ;Orange "altbinati'Ve.,;. ,x,$l2,000gnnually
Hopefully this will give" suffici`ehrtjda'ta dnjth'e'P:'E. Right =of -Wl y' to formu-
Iate recommendations' to'the `City';Councij.. 'A'dditi'onal comme(its,' questions,
answerst and pUhlJ c 'i`n'put' Wi II be 'p'HOded'' 'at' the' Co' 'J'ssi dd meeti n§ ;,bf .344-80'....
GOob LUCK!
' ,:;. ,,>•, • +,• fir,., •' i.•
Ro ald A. Whitley, Director
RW:mb . Parks, Beaches and Recreation
CITY OF NEWPORT BEACH
OFFICE OF THE MAYOR
March 3, 1980
Ms.•Joan Winburn,.Chairman .
Parks, Beaches and Recreation Commission
Dear Joan:
Regarding the P.E. right- of- way'property you will be considering
on March 4th, there are some considerations I wish to bring
"to your attention.
In rdy'opinion, it is very important that you investigate the
kinds of financing that may be appropriate. With the restraints
and other impediments in City financing arising from Jarvis I
and-II,. it is particularly necessary that all City expenditures
be carefully handled.
In this•connection the City Manager advises that in our lease of
the property which has four years to run, there is very adequate
time and opportunity to act from whenever the State should
consider taking over. Further, they must provide us 180 days
notice of any such intention.
My wish is to avoid development of the property for a parking
lot or other commercial use. I believe we should acquire it at
the'best price possible and .fund it in a manner most advantageous
to the City.
A,V,�L.
PAUL RYCKOFF
Mayor
PR /jmb
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CITY OF NEWPORT BEACH
(� OFFICE OF THE CITY MANAGER
February 26, 1980
TO: RON WHITLEY, DIRECTOR
PARKS., BEACHES AND RECREATION
FROM: City Manager 1, '
SUBJECT: P. E. RIGHT -OF -WAY
On February 25th, the City Council considered the staff report
dated February 25th concerning- e, of the P.E.••Right-
of- Way.'`Please obtain copies, of this report.
Following discussion, on a 4 to 3 vote, the City Council referred
this subject matter to the Parks, Beaches and Recreation Commission
for 'review and recommendation,. The.investigation and report back
to the Ci't'y Council should cover the following points:'
�1. The relative priority,of the P.E.'Right -of -Way
acquisition and development;
2. If it still maihtai'ns 'a high pri'ority, please
I ) list the source of funds for acquisition, development and•
maintenance of said facility; and
3. 'Is the plot plan adopted 'in ''76• still '-valid'•• in
light'- of'the'taking for Pacifia'Co'ast-Highway widening? 'Originally,
the'width was• 80 ft. It is now'6'9 -'ft. Are 'alternate'pTans
desirable?
The three members of the Council who voted in the minority on the
motion, expressed an opinion that, the property should-'be acquired
as soon as possible:" The majority of the City Council; however,
believe that input from your'COmmission was'essential before
acquisition negotiations commenced. A majority noted that the
City had the property undet�leasiz through•pctober= 1984', and the
lease document 'contains a requirement 'of 180 •days• notice for
cancellation.
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ROBERT L. WYNN
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COUNCIL AGENDA ITEM'G -3
DATE: February 19,
,1[980
TO: ROBERT L. WYNN; City Manager
FROM: Parks; Beaches and},,Recreet on.�Airec_•tor.,•,:
SUBJECT: ACQUISITION OF•P.E. RIGHT -OF -WAY ;; -,•. >!
In response to your request to ascertain'the possibility of obtaining assist-
ance funds'to acquire the subject property, the following is provided:
1:.,'- CoastalConservanc!.' Funds :- .- •,rA,maximum•;of'•$25,000 is available for ,;:};
eac pro'ect using,t_ese funds,;; And,- „until,,applieation is ;made
I could not get an answer as to whether the P.E. Right -of -Way is
classified as Coastal -property..
SB. -;.The Roberti Z',berg,,Urban Open - ,Space -and Recreation ;Program
.2.; -174
is in its Last year o f,;providing•assistance•.funds. - SB,547•has funds •,,n
included to continue this program-if•voter approval'is obtained. The
:program allocates'funds , on • a',per capita basis,and provides_ approxi-
mately $14,000 annually, to Newport Beach for •acquisiti -on- or-devel'opment.
The amount is'not large and would require significant funding from
another,source when-looking at the scope•of the P,.E. Right -of -Way
acquisition..,
3. SB 547.- "1980 Parklands and Renewable Resourses Bond Act” has recently
een— n.signed,by,Governor Brown to'ailow voters, to determine its future
of 1980., If approved . by•the'voters,• -SB 547 would provide $95
_in;;June,
million in , grants -to. cities, 'counties. and special. di'stricts for park-
lands. An additional $10-million would be spent on implementation of
local coastal plans,,and $35 million would be added to the Roberti V berg
Urban Open Space and Recreation-Program (See 2). • In •the•.bi11, another-
$55 mi_91,ionas.•earmarked.for- coastal, acqui54•tion.by the State. If• suc -•
cessfuli,•this Bond Act••could, provide an undetermined;,at'.this time,_
,amount, for the%P.,E ..Right- of�,Way;c,acquisition.. ,
' i i, • , :. • , .' . y f'. • ." , it —' • ' , l ' - "- 's �', , • g s ,
4:: Land and: Water,Conservat.i on, Fund, Program -is,_a'matching; program that• -pro-
v', es a.max mum.o s oh acquls t- 'on :a'ssistance,. The•:cri.teria for ;
this program specifies that parks•for consideration be in,exce,ss :of',:;
twenty acres. For this reason and other competitive features dealing
with economic feasibility, utilization of the Federal Program has been
inhibited in the past. We'can, however, apply for assistance for the'.
next Federal fiscal year beginning in October of 1980.
In addition, from our-standpoint, development costs and.annual mainten-
ance costs were analyzed to determine a preliminary priority for the
subject site. I'f developed, in accordance withthe adopted Master Plan
for West'Newport Park, the original Architects, Kammayer and Lynch,
have estimated that $500,000 would be necessary to provide the amenities
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Page Two
Re: Acquisition of P.E. Right -of -Way
as specified. The Park Division has indicated that the 5.13 acres would
require $20,000 -- $25,000 annually for maintenance purposes.
The adopted master plan, as provided in your report, was approved with
the knowledge of the narrow configuration of the land. The development
concept provides a passive•park,ihat aesthetically provides an attract-
ive entrance to our city from the west. Since the master plan was adopted
in 106, road improvements have encroached-Into the parameters of the orig-
inal design. For this reason, I am asking the Parks, Beaches 'and Recreation
Commission to consider possible amendments from a development standpoint.
Their recommendations regarding-development concepts of the P.E. Right -of -Way
would be available for Council information-and consideration during March.
RW:mb
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
Febrettsrp - } }; - }ggg
February 25, 1980
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: ACQUISITION OF P.E. RIGHT -OF -WAY
COUNCIL AGENDA ITEM
No. G -3
STUDY- SESSIQN
£EP4- PZ9.-- -8 -- - - ---
For over five years, the City has considered the acquisition of the
P.E. Right -of -Way in West Newport and' developing it as the "West
Newport Park." In 1976, the City acquired from the State the most
easterly portion of the P.E. Right -of -Way, consisting of 68,707 sq. ft.
for $170,000 cash. This parcel, phase one, was developed in 1977 as
tennis courts, tot playground, restroom, small parking lot and some
landscaping. The facility is moderately used with the tennis courts
receiving the greatest amount of use.
Attached, members of the Council will find a map of the balance of
the property, herein called the P.E. Right -of -Way. Some characteristics
of this property are as follows:
1.
Zoning -
R -2, duplex residential
2.
General Plan -
The General Plan was amended
December 17, 1973 to show the
subject site recreational and
environmental open space. On
November 22, 1976, the area was
designated to be included in
a specific area plan. Addition-
ally, the subject land lies
within the area of jurisdiction
of the Coastal Commission and
any development would be subject
to their approval.
3.
Number of Lots -
81
4.
Size of Lotsl -
69 ft. x 40 ft.
iPursuant to the Attorney General's opinion (attached) these subdivided
lots have merged into two parcels divided by Orange Avenue. It is the
City's position, therefore, that this parcel is no longer subdivided,
but merely consists of two parcels. Parcel 1, which extends from the
Santa Ana River to Orange Street has a frontage of 1,377 ft. Parcel 2
extends from Orange Avenue easterly, approximately 1,885 ft. Neither
parcel has access rights onto Pacific Coast Highway.
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TO: MAYOR AND CITY COUNCIL - Page Two
Value and miscellaneous data on the property are as follows:
1. Date of Caltrans'
6. City appraisal as
a subdivision with
date of valuation
of March 10, 1976 - $900,000 to $1,300,000
7. Value based on
median park site
value as established
on March 26, 1979 - $732,234
Physical conditions of the subject property are as follows:
1. Sanitary sewer - 8" V.C.P. in Seashore'Drive
2. Water - 8" A.C.P. line in Seashore Drive
3. Gas, electricity and
telephone - All available
Currently, the City of Newport Beach leases the subject parcels for
$100 per month. A copy of the lease document is attached.
acquisition -
July 5, 1963
2.
Acquisition price -
$1,527,501
3.
Current State
appraisal -
$2,700,000
4.
City appraisal as
open space with
date of valuation
of October 1, 1979 -
$625,000 to $675,000
5.
-City appraisal as
open space with date
of valuation of
March 10, 1976 -
$350,000 to $400,00'0
6. City appraisal as
a subdivision with
date of valuation
of March 10, 1976 - $900,000 to $1,300,000
7. Value based on
median park site
value as established
on March 26, 1979 - $732,234
Physical conditions of the subject property are as follows:
1. Sanitary sewer - 8" V.C.P. in Seashore'Drive
2. Water - 8" A.C.P. line in Seashore Drive
3. Gas, electricity and
telephone - All available
Currently, the City of Newport Beach leases the subject parcels for
$100 per month. A copy of the lease document is attached.
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TO: MAYOR AND CITY COUNCIL - Page Three
A representative of Caltrans (Mr. Harry Kagan) has telephoned three
times within the last two months, requesting a City position on whether
this City wishes to acquire the subject property. The subject matter
was reviewed with the City Budget Committee (Councilmen Strauss and
Hummel) and the consensus of the Budget Committee was that acquisition
of the parcel would be a low priority. The purpose of bringing this
matter to the City Council is to receive further direction on the
City's interests so that a response can be given to Caltrans.
General Discussion
Several comments could be made about this parcel which may be of benefit
to the Council in reaching a decision. The parcel is under lease to
the City of Newport Beach. Newport Beach entered this lease in 1974
to permit the City to do two things. First, the City was preparing
a Master Park Plan for the project (copy attached) and the lease would
permit parkland development. Second, the lease had specific language
concerning the right of the City to purchase portions of the property
remaining after the Pacific Coast Highway was widened and improved.
The subject property was part of the proposed open space land acquisition
of the 1976 Park Bond Issue which failed to obtain the required votes.
Since 1976, the project hasn't been given a high- enough priority to
develop a financing plan. Additionally, the City and the State were
•very far apart on acquisition price for the property. The City was
offering from $300,000 to $400,000 for the property, and the State was
asking approximately $1.5 million.
The attached park plan was developed jointly by the City and the
West Newport Improvement Association. Initially, it commenced.as a
park that would pay for itself through parking revenues from the parking
lots. The final version of the plan, however, omitted the parking lots
as a result of a concern expressed by the West Newport Improvement
Association, that the lots would generate excessive traffic and beach
visitors.
The Attorney General's opinion finding that the lots have merged, has
probably been the most significant development to encourage the State
to reduce their asking price on the parcel. If the lot lines in effect
are erased, a new owner would have to submit a new subdivision plan.
In everyone's judgment, approval of a new subdivision would be very
difficult to receive from both the Coastal Commission and the City of
Newport Beach. This opinion, therefore, narrowed substantially the
number of prospective buyers for this parcel. It is believed, but
not confirmed by representatives of Caltrans, that the parcel could
be purchased by the City for an amount similar to that established in
the October 1, 1979 appraisal, i.e., $625,000 to $675,000. I have not
discussed seriously the acquisition price with the State in the past
six or eight months.
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TO: MAYOR AND CITY COUNCIL - Page Four
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The subject matter can be discussed in greater detail during the
Study Session, but in the near future it is hoped that the City
Council can give some guidance and direction to me, so that a response
can be given to the State. Several alternatives may be available to
the City Council. One is that the City Council refer the subject
matter back to the Parks, Beaches and Recreation Commission for a
determination on their priority of the subject parcel. Another alterna-
tive would be to structure another Bond Issue to be voted upon by the
electorate. A third alternative would be for the Council to direct the
City Manager to negotiate with the State for the parcel with acquisition
funds coming from the City's reserves.
ROBERT L. WYNN
City Manager
RLW /jmb
Attachments
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CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
To: The Honorable Mayor and
Members of City Council
From: City Attorney
Subject: P. E. Right -of- Way /Merger
May 4, 1979
Approximately two years ago, our office submitted an opinion to
-the City Council that, based on a then recent amendment to the
Subdivision Map Act, the lots in the former P. E. Right -of -Way
in the West Newport area had merged into a single lot. 'The
statute provides that merger occurs between two or more contig-
uous parcels when they are held by the same owner and they do
not conform to current standards for minimum lot size. Apply-
. ing the merger principle to the P. E. Right -of -Way was signi-
ficant because it would affect the value of the property and
would also require any purchaser to resubdivide before develop-
ment, thereby subjecting the development to the jurisdiction of
the City. .
The owner of the property, CALTRANS, disagreed with our opinion
and suggested we obtain an Attorney General's opinion on the
subject. Attached is a copy of the Attorney General's opinion
which agrees with our position. Of course, the question may have
become moot, assuming the recently adopted open space zoning on
the property holds up. In light of the recent State Supreme
Court decision in Agins v. Tiburon, previously reported to the
Council, we have every reason to believe that the open space
zoning will not be invalidated.
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(3 Parcels B706, U -1, U -2 & A8188
Account 0027069 - 001 -01
S/S Seashore Drive between 54th
Street and Summit Street,
. City of Newport Beach C--/,v/ .7 6
• H.P.R:F.
L E A S E
THIS LEASE, made this 30thday of October 19_14
at Los Angeles , California, by and between the
State of California, Department of Transportation, Lessor, and
CITY OF NEWPORT BEACH•, Lessee, of 3300 Newport Beach Boulevard,
Newport Beach, California.
W I T N E S S E T H
That the Lessor, in consideration of the payment of.the rent
hereinafter specified to be paid by the Lessee, and ttip covenants
and agreements herein contained, does hereby lease, demise and let
• unto Lessee that certain property in the County of Orange, State
of California, said land or interests as outlined in yellow on
the maps attached - hereto and.made a part hereof, including improve -
m,ents, if any, for the term of ten (10) years, or completion of
Transportation Corridor Study, whichever is earlier, commencing
on the 1st day of November, 1974, and ending on the-31st day of
October, 1984, with the right of cancellation'and termination in
both Lessor and Lessee as.hereinafter set forth, at the total
rental of $12,000.00, payable to the "Department of Transportation ",
in lawful money of the United States, in monthly installments of
$100.00, in advance, on the 1st day of each and every month
thereafter; excepting that receipt is hereby acknowledged by
• Page 1
the Lessor of the sum of $200.00 from the Lessee, in payment for
by
the firrt and last months' rental under this lease. All rental
• payments shall be delivered to the office of Department of Trans-
portation (Office of Right of Way), at 120 South Spring Street,
Los Angeles, California, 90012.
The herein described property is not, at this date, being
used for State highway purposes within the meaning of Section 104.6,
Streets and Highways Code.
Lessee hereby covenants and agrees as follows:
1. To use the property for the following purposes only:
Park, Recreation and related facilities.
2. To pay Lessor said rent as hereinabove provided, and in
addition thereto, to pay, when due, all water, electric, gas and
other lighting, heating and power rents and charges accruing or
payable in connection with said property during the term of this
R • Lease; and to permit Lessor or its agents- to enter said property
at any reasonable time to inspect the same.
3. Not to commit, suffer or permit any waste on said
property, and not to use or permit the use of said property for
any illegal or immoral purposes. Lessee further agrees to comply
with all State laws and local ordinances concerning said property
and the use thereof.
4. After the Transportation Corridor Study is completed
and the future right -of -way line delineated, this lease shall be
subject to cancellation and termination by either party by giving
the other party notice in writing at least 180 days next prior
to the date when such termination shall become effective. In the
Page 2
event of such termin4oion, any unearned rental paid by the Lessee
shall be returned to the Lessee. In the event of termination under
this section, the City shall have the option to:
(a) Enter into a new lease with the State for those
portions of the property designated as being within the new right
of way line of Pacific Coast Highway established by the Transporta-
tion Corridor Study at $100.00 per month.
(b) Enter into negotiations to purchase those portions
of the property designated as being outside of the new right of
way at a price acceptable to both parties. Once valuation has
been established, the City will deposit $1,000.00 which will be
applied to purchase price if Option to Purchase is exercised.
City will exercise Option within 180 days or if bond election is
necessary, City will, in all good faith, set election at earliest
feasible date and exercise Option to Purchase within 90 days after
t� election if election is successful. If City fails to exercise
Option, the $1,000.00 will be retained by State,
5. All notices herein provided to be given, or which may
be given, by either party to the other shall be deemed to have
been fully given when served personally on Lessor or Lessee, or
when made in writing and deposited in the United States mail,
certified and postage prepaid, and addressed as follows: To the
Lessee at address above stated and to Lessor, c/o Department of
Transportation, at 120 South Spring Street, Los Angeles, California,
90012. The address to which the notices shall or may be mailed
as aforesaid to either party shall or may be changed by written
notice given by such party to the other, as hereinbefore provided,
but nothing herein contained shall preclude the giving of any such
notice by personal service.
Page 3
6. Not to ass! i or sublet this Lease, ar. not to make or
suffer any alteration to be made in or on said property, without
• the written consent of the Lessor.
7. It is specifically agreed and understood that Lessee
shall not call on Lessor to make any improvements or repairs on
said property of any nature whatsoever, but Lessee hereby specifi-
tally covenants and agrees to keep the same in good order and
condition at his own cost and expense.
$. Lessor, its assigns or successors in interest, shall not
be liable for taxes or assessments of any nature whatsoever,on
the leased property.
9. To pay Lessor all costs and expenses,, including attorney's
fees in a reasonable sum, in any action brought by Lessor to
recover any rent due and unpaid hereunder, or for the breach
of the covenants or agreements contained in this Lease, or
• to recover possession of said property, whether such action
h'
progresses to judgment or not.
10. If any rent shall be due and unpaid, or if default
shall be made in any of the covenants or agreements on the part
of the Lessee contained in this Lease, Lessor may, at its option,
at any time after such default or breach, and without any demand
on or notice to Lessee or to any other person, of any kind what-
soever, reenter and take possession of said property and remove
all persons therefrom, and Lessee waives any legal remedy to
defeat Lessor's rights and possessions hereunder.
11. At the expiration of said term, or any sooner termina-
tion of this Lease, to quit and surrender possession of said
property and its appurtenances, to Lessor in as good order and
Page 4
Zaasonable wear and tear and demage by the elements and other
17 casualties-excepted. in the event this lease is terminated or at
the expiration of the period of this lease, Lessee agrees to remove
all improvements except landscaping within the leased premises at
Its sole expense within 60 days after the termination of this
lease. If Lessee fails to remove all improvements, Lessor may
remove such improvements at -the expense of Lessee and bring an
action for recovery of such costs, together with all expenses
and attorney's fees incurred by reason of said action.
12. Lessor will not keep said property insured against
fire or any other insurable risk, and Lessee will make no claim
of any nature against Lessor by reason of any damage to said
property in the event same is damaged or destroyed by fire or
b'f any other cause.
13. in the event there is any prior existing lease or
;ental•agreement between Lessee and State (or its predecessor•
In interest) covering the subject property, it' is agreed and
understood that this %ease•shall cancel and terminate said prior
lease or rental agreement as of the effective date of this Lease,.
'Anything herein contained to the contrary notwithstanding,
this Lease may be terminated, and the provisions of this Lease.
may be, in Vriting, altered, changed or •amended by mutual consent
of the parties hereto.
• Page 5
14. Y,essi recognizes and understa�. s in accepting this
Lease that his interest therein may be subject to a possible
• possessory interest tax that the city or county may impose on
such interest, and that such tax payment shall not reduce any
rent due the State hereunder and any such tax shall be the liability
of and be paid by the Lessee.
1S. This Lease is made upon the express condition that
i
the State of California, its officers, agents and employees are
to be free from all liability and claim for damage by reason of
any injury to any person or persons, including Lessee, or property
of any kind whatsoever and to whomsoever belonging, including Lessee,
from any cause or causes whatsoever while in, upon, or in any way
connected with the said demised premises or the sidewalks adjacent
thereto during the term of this Lease or any extension hereof or
any occupancy hereunder?. Lessee hereby covenanting and "agreeing
to indemnify and save harmless the State of California, its
officers, agents and employees from all liability, loss, cost and
oblsgations on.account of or arising out of any such injuries or
losses however occurring.
16:'Lessee shall, at his own expense, take out and keep
in force during the within.. tenancy, public liability insurance and
property damage insurance in,a company or companies to be approved"'
by the Lessor, to protect the -State of California, its officers,
agents, and employees, as a named additional insured, against any
liability to the public incident to the use of and resulting from
• "injury to, or death of, any person or persons or property damage,
Page 6
including parked ve' ales, occurring in, or a .ut the demised
premises, in the amount of not less than $2,000,000, to in-
• 4emnify against the claim of -one or more persons resulting from
any one accident. Said policies shall inure to the contingent
liabilities, if any, of the Lessor, and the officers, agents, and
employees of Lessor and shall obligate the insurance carriers to
notify Lessor, in writing, not less than fifteen (15) days prior
to the cancellation thereof, or any other change affecting the
Coverage of the policies. if said policies contain any exclusion
.cc=erning property in the care, custody or control of the insured,
an endorsement shall be attached thereto stating that such ex-
clusion shall not apply with regard to any liability of the State
of California, its officers, agents, or employees. Lessee shall
'furnish to Lessor a certified copy of each and every such policy
• within not more than ten (10) days after the effective date of
'tie p61'icy . Lessee' agrees 'that', if-'Lessee 'does riot— keep-aiich
insurance in full force and effect, Lessor may take out insurance
and Vay the premiums thereon, and the repayment thereof shall be
deemed to be additional rental and payable -as -such on the -next
4ay•upon which rent becomes due hereunder.
17. The Lessee, for himself, his personal representatives,
successors in interest, and dssigns, as a part of_the_,consideration
hereof, does hereby covenant and agree, as a covenant running with
the lard, that (1) no person, on the ground of race, color, or
national origin shall be excluded from participation in, be denied
the benefits of, or be otherv.,ise subjected to discrimination in the
. use of said facilities, (2) that in connection with the construction
of any improvements on said lands and the furnishing of services
page 7
thereon, no discrimii._,;ion shall be practiced iri he selection of
z0
• employees and contractors, by contractors, in the selection and
retention of first -tier subcontractors, and by first -tier sub-
contractors, in the selection and retention of second -tier sub-
contractors (3) that such discrimination shall not be practiced
against the public in their access to and use of the facilities
and services provided for public accommodations (such as eating,
sleeping, rest, recreation, and vehicle servicing) constructed
or operated on, over, or under the space of the right of way, and
(4) that the Lessee' shall use the premises in compliance with all
other requirements imposed pursuant to Title 152 Code of Federal
Regulations, Commerce and Foreign Trade, Subtitle A, Office of
the Secretary of Commerce, Part 8 (15 C.F.R., Part 8) and as said
Regulations may be amended.
• 18. it is understood and agreed by the parties to this Lease
that the property herein is not a historic site of National, State
or local significance.
C
19. It is understood and agreed by the parties to this Lease
that Lessee will not resist termination of this Lease as set forth
in Paragraph 4 hereinabove, and it is further understood th4t the
obligations and responsibilities under this Lease shall not be
impaired or altered in the event of future statuatory change.
In the event of intervention'by any person, entity or entities,
on behalf of the Lessee herein, Lessee will assist Lessor in
securing prompt termination of this Lease.
0 Page 8
21 20. Lessee will submit development plans to Lessor for
approval and will not• proceed with the development until approval
has been received from Lessor.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year in this Lease first above written.
APPROVED AS TO E(
By
)RI
o .-
�L`in.
CITY OF NEWPORT BEACH
By, .� m
=•``` ' "' STATE OF CALIFORNIA
PARTMENT OF TRANSPORTATION
CITY CLERK ,
B�lvv.
(If Tenant is a corporation, th follo ing riificate
shall be executed by the Secretary, assist t secretary
or any official of the corporation other than persons
signing on behalf of the corporation.)
r•
�• I� ,certify that
I am the
Secretary of the corporation named as Tenant in the
attached Lease; that
who signed said Lease on behalf of the Tenant,
was then of said corporation, that said
Lease was duly signed for and in behalf of said corporation
by authority of its governing body, and is within the scope
of its corporate powers.
7.AAR -644 z OCT 66 (Corporate
(Seal;
• MM:hh Page 9
Fa
) 11 1?
I
D"
D
&III
. A I I
0
• CITY OF NEWPORT BEACH
PARKS DIVISION
ACTIVITY REPORT: FEBRUARY, 1980
TREE CREW ACTIVITY REPORT
Number of trees trimmed: 568
Number of trees planted: 7
Number of trees removed:, 6
• Number of work requests: 20
AREAS BEING TRIMMED THIS MONTH:
Palm Trees, All Areas
Westcliff
Irvine Terrace
Spyglass Hills
•
CITY OF NEWPORT BEACH
RECREATION DIVISION
PROGRESS REPORT: FEBRUARY, 1980
--------------------------------------=-----------------
SENIOR CITIZENS_
Activities at the OASIS Center continue to flourish. The volunteer effort
is truly phenomenal, as exemplified by Garnet Barrick, - -a woman who has ;
given more than 4,000 hours of her time to OASIS in the past several years.
A special luncheon was held Valentine's Day to honor Ms. Barrick, and over
200 people attended.
All classes at OASIS are progressing smoothly; the newest course is
"Mah- Jongg." Another popular event was a Tea Dance held February 10.
The Rummage Sale in February generated $300.00 for'the Friends of Oasis. ;
Continuing social service programs have been blood- pressure tests, hearing
tests, C.P.R. instruction and tax assistance.
YOUTH AND ADULT SPORTS
The fall Adult Softball League was finally completed, and planning is
underway for the large summer league. Staff anticipates 150 teames in
this year's program!
Fall adult basketball was also completed in February. This extension was
caused by last- minute gymnasium unavailability, an eternal problem with
the school district. We are constantly working on this item; however,
problems still arise. In general, the adult leagues in the basketball
and softball are among this Department's most successful programs.
The Youth Basketball Program is culminating with a double elimination
tournament at Ensign School. The last round will be played March 8th.
The next youth sport will be Track and Field. Staff is pleased to be
working with the Newport - Balboa Rotary Club on this activity. The Club
is providing funding as well as volunteer assistance with the meet itself,
scheduled for April 5th at Davidson Field.
SPECIAL ACTIVITY CLASSES
The winter session is scheduled for completion March 15; however, make -up
dates for rain -outs may extend that target. The spring brochure has been
mailed, and mail -in registration for spring classes begins March 8th. The
classes begin March 24th. ;
Plans for Summer 1980 are well underway; the summer program begins June 16.
------------------------------------------------------------------ ---------- --- - - - - -'
The second- Community Sing,- A- Long.;cl;ass, was. .nearly as'successful as.the
first, even though we had "competition" from one of our own programs= -
a dance at OASIS. .
SPECIAL PROGRAMS
Since our clerical staff is "brand- new," we 'held special training's for
them in February. This exchange of information regarding policies and
procedures was beneficial to everyone. For those of you who haven't met
out new Recreation C1erk,her name is Kim Ryman and she is a capable, and
bright young lady. She and Maggie are real assets to our-Departmental
image, and together they make a wonderful team.
The Department is sponsoring two
"Huckleberry,Finn," a children's'
"The Circus o nimals," a puppe
held at e Theatre Art's Center.
upcoming•dhildren's cultural events:
theatre-program on March lst, and
show, on May 3rd. Both events will be
In cooperation with AYSO and Coca -Cola, the PBR- Department produced a
Soccer Skills Contest February 23 at Ensign School. Coca -Cola provided
contest materials and awards, while AYSO provided the volunteers. There
were 300 youngsters who participated in this event.
The Sunshine Club continues to meet on Saturdays at the Community Youth
Center. Plans for upcoming weeks include outings to South Coast'Plaza
and Disneyl.and'.
ROYLEEN WHITE
/mb Recreation Superintendent