HomeMy WebLinkAbout3/3/1998 - Agenda PacketCOMMISSION
Meetings
March 3, 1998
0
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
Tuesday, March 3. 1998 — 7:00nm
City Council Chambers
AGENDA
ORDER AND ROLL CALL
II. APPROVAL OF MINUTES (Enclosed)
February 3, 1998
III. PUBLIC COMMENTS
Members of the public are invited to comment on non - agenda items of public interest. Speakers are
limited to three minutes.
IV. CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar (1 -4) are considered by the Commission to routine and will all be enacted
by one motion in the form listed below. The commission members have received detailed staff reports on each of the
items recommending approval. There will be no separate discussion of these items prior to the time the commission
votes on the motion unless members of the commission, staff, or the public request a specific item to be discussed
and /or removed from the Consent Calendar for separate action.
Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon
invitation by the Chair, state their name and Consent Calendar item number, and complete the sign -in card provided
at the podium. Speakers are limited -to five minutes on agenda items.
1. Correspondence (Item IV -1)
To: Mayor and City Council, February 9, 1998
From: Exchange Club of Newport Beach, January 28, 1998
Claudia Owen, SPON, January 30, 1998
2. Park and Tree Division (Item IV -2)
Report of Park and Tree Division during February and upcoming projects in March.
3. Recreation and Senior Services (Item IV -3)
Report activities during February of these two divisions.
4. Approval of Tree Donation forCastaways Park (Item IV4)
Donation to City from SPON.
V. DISCUSSION ITEMS
5. Review of Peninsula Park Renovation Plans (Item V -5)
Presentation by Architect and Public Works staff.
6. Tree Removal Appeal (Item V -6)
Discussion of staff report to deny tree removal request.
7. Review of Proposed Modifications for Lincoln Athletic Center (Item V -7)
Review of approval made at the February 3, 1998, meeting.
8. Discussion of Boys and Girls Club facility (Item V -8)
Request of Club for lease renewal.
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
Tuesday, March 3, 1998
Page Two
9. Inspiration Point Handrail
.Approve Constructed Handrail
(Item V -9)
10. Review of Proposed Fence Installation and Landscaping on Ocean Blvd (Item V -10)
Review of draft plans and proposed planting.
VI. FUTURE AGENDA ITEMS
Matters which Commissioners may wish to place on a future agenda or raise for discussion.
VII. ADIOURNMENT
1•
CITY OF NEWPORT BEACH
\• ,Parks, Beaches & Recreation Commission
Regular Meeting
February 3, 1998 — 7pm
CONVENED AT 7p—m
ROLL CAL
Commissioners
Present: Beek, Dunn, Glasgow, Phillips, Schonlau, Skoro
Absent: Pfaff
Staff Present: LaDonna Kienitz, Community Services Director /City Librarian
David E. Niederhaus, General Services Director
Patty Temple, Planning Director
'Marcelino Lomeli, Park & Tree Maintenance Superintendent
Steve Hunt, Senior Recreation Manager
Teri Craig, Executive Secretary
II. APPROVAL
OF•MINUTES
Motion
by Commissioner Dunn to approve the minutes of January 6, 1998. Motion carried
by the following votes:
Ayes:
Beek, Dunn, Glasgow, Phillips, Schonlau, Skoro
Noes:
None
Absent:
Pfaff
Abstain:
None
III. PUBLIC
COMMENTS
None
IV. CONSENT
CALENDAR
1.
Correspondence
4.
Bench Donation for Inspiration Point — Approval of donation.
Items removed
from Consent'Calendar
2.
Park and Tree Division Rel2o
Commissioner Skoro asked if the trees that were not replaced on the 2400 block of
Windward, would be on a list for replacement later. Director Niederhaus responded
that these are parkway trees and the City does not force homeowners to accept
them.
3.
Recreation and Senior Services Report
Commissioner Beek requested that a stern letter be sent to the sports groups
regarding the use of the mudline. Senior Recreations Manager Steve Hunt said that
a letter was sent emphasizing that use, including a card with the number.
Commissioner Beek also asked where the dedicatory plaque would be placed at
Castaway Park. Director Kienitz responded that it was now planned for the.bluff
•
area overlooking the bridge and ,the lower bay.
Parks, Beaches & Recreation Commission
Regular Meeting
February 3, 1998
• Page 2
Motion by Commissioner Glasgow to accept items 1 through 4 on the Consent
Calendar. Motion carried by the following vote:
Ayes:
Beek, Dunn, Glasgow, Phillips, Schonlau, Skoro
Noes:
None
Absent:
Pfaff
Abstain:
None
V. DISCUSSION ITEMS
Potential Annexation — Dave Kiff, Assistant to the City Manager, presented
background information on potential annexation of the Newport Coast area.
Motion by Commissioner Beek that Chair Schonlau send a letter to the City Council
recommending proceeding with the annexation, and that the City accept
maintenance of the park with the stipulation that the parks are available for citywide
use.
Substitute Motion by Commissioner Dunn that in the event of annexation the Parks,
Beaches and'Recreation Commission recommends that the City accept maintenance
of the parks in exchange for use of the parks. Motion was defeated by the following
vote:
Ayes: Dunn, Skoro
• Noes: Beek, Glasgow, Phillips, Schonlau
Absent: Pfaff
Abstain: None
E
Original Motion ap rp oved by the'following vote:
Ayes: Beek, Glasgow, Phillips, Schonlau
Noes: Dunn, Skoro
Absent: Pfaff
Abstain: None
.. , . •. ..
Larry Lawrence, of Lawrence Associates, presented the final draft of the Recreation
and Open Space Element.
Co'mmis'sioner Dunn requested that a -.new Policy 1.3 Adult Sport'Programs be
added to Section 3 -1, Objectives and Policies..
Commissioner Skoro noted that in Service Area 9, the area indicated as potential'
View Park may become Senior. Housing but no official action has been taken.
Chair Schonlau opened the meeting to public comments.
Tom Hyans, 217 191h Street, Newport Beach, CA 92663, stated that the map for
Service Area 2 indicated the public Beach at Marina, park incorrectly, and that there
was need for public access -to that beach.
r 1
LJ
1._J
•
Parks, Beaches & Recreation Commission
Regular Meeting
February 3, 1998
Page 3
Jon Vandersloot, 2221 16'h Street, Newport Beach, CA 92663, stated that the word
"wetlands" is not used in the document and that specific wetlands should be
designated.
Planning Director Temple, suggested that the word "riparian" ,be changed to
"wetlands", but that specific wetland areas not be noted.
Commissioner Dunn asked if all wetland areas were protected. Director Temple
responded that a judgment is needed. If the wetlands are not maintained, mitigation
is required.
Grace Dove, 117 15'h Street, Newport Beach, noted that the peninsula is deficient in
park land, particularly neighborhood parks, and,public bayfront beaches.
Chair Schonlau closed the Public Hearing,
Motion by Commissioner Beek to adopt the Recreation and Open Space Element,
to direct staff to make corrections noted by the Commission, and to approve
Resolution 98 -1,_A Resolution of the Parks Beaches and Recreation Commission of
the CU of Newport Beach Approving the Recreation and Open Space Element of
and Approval by the City Council. Motion,passed by the following vote:
Ayes: Beek, Dunn, Glasgow, Phillips, Schonlau, Skoro
Noes: None
Absent: Pfaff
Abstention: None
7. -Review of Parcels designated as Open Space in the CIOSA Agreement.
The Commission reviewed the status reports prepared the Community Services and
Planning Department staff.
8. Revie\ %of_P_ronosed Modification of Lincoln Athletic Center
Commissioner Beek stated that the Park and Open Space Committee had reviewed
the proposal presented by Little League for improvements at Lincoln Athletic Center
John Della Grotta, President of Little League described the Little League baseball
program, serving 700.children. He stated that the cost of the proposed
modifications, $40,000 to $60,000, would be undertaken by the Little League
Association.
Jim Manning, Newport Beach, reviewed the proposed improvements. He
emphasized that there would be no change in use of the fields.
•
•
•
Parks, Beaches & Recreation Commission
Regular Meeting
February 3, 1998
Page 4
Chair Schonlau opened the meeting to Public Comment.
The following spoke against any modifications to the fields at Lincoln Athletic
Center:
Doris Hope, PO Box 2968, Costa Mesa, CA 92628
Ben Strick, 20 Crest Circle, Corona del Mar, CA 92625
Robert Kopicki, 10 Crest Circle, Corona del Mar, CA 92625
Tom Pi'ckerton, 22 Crest Circle, Corona del Mar, CA 92625
Karen Kopicki, 10 Crest Circle, Corona del Mar, CA 92625
Terry Martin, 24 Crest Circle, Corona del Mar, CA 92625
Mike Wade, 33 Belcourt Dr. Corona del Mar, CA 92625, AYSO 57 President,
spoke in favor of the modifications, Commenting that a compromise had been
reached and that per the agreed upon conditions, AYSO 57 supports the project.
Chair Schonlau closed the Public Hea&z.
Commissioner Glasgow recommended approval 6f the modification, that staff
discuss with the School District the placement of more trees, and that staff assist the
Little League in the obtaining of the necessary permits.
Commissioner Schonlau amended the motion to add•that Little League use 10 foot
light posts for the security lighting, with shields to reflect downward.
Commissioner Dunn Proposed a Substitute Motion that the Commission delay
action until the March meeting so that the Little League can hold more discussions.
The motion failed for lack of a second.
Commissioner Beek Recommended Action on'the Original Motion since the
improvements are not going to affect the quality of life of the residents, and the
project will improve the safety for the participating children. The original motion
passed by the following vote:
Ayes:
Beek, Glasgow, Phillips, Schonlau, Skoro
Noes:
Dunn
Absent:
Pfaff
Abstain.,
None
C ,• • e- =•. MEMENEMMENT.01
Director Niederhaus reported that Mr. Anderson, 1737 Antigua- Lane, is replacing
10 street trees in the 1600 and 1700 block of Antigua Lane at a cost of $1950. The
current designated street tree (lemon gum) causes damage to sidewalks.
Motion by Commissioner Beek to approve the change of designated street trees on
Antigua Lane from the Lemon Gum to the Hong Kong Orchid Tree (Bauhima
blakeana). Motion passed by the following vote:
Ayes:
Beek, Dunn, Glasgow, Phillips, Schonlau, Skoro
Noes:
None
Absent:
Pfaff
Abstain:
None
•
0
•
Parks, Beaches & Recreation Commission
Regular Meeting
February 3, 1998
Page 5
10. Tree Removal Appeal — Continued to the March 3, 1998 meeting.
11. Buffalo Hills Park Lighting.
Chair Schonlau opened the Public Hearing. No public responded. The Chair
closed the Public Hearing.
Motion by Commissioner Glasgow that the General'Services Department forward a
request for a Capital Improvement Project for security lighting at Buffalo Hills Park,
as a Priority C Project. Motion passed by the following vote:
Ayes: Beek, Dunn, Glasgow, Phillips, Schonlau, Skoro
Noes: None
Absent: Pfaff
Abstain: None
VI. FUTURE AGENDA ITEMS
No items were brought forth for future agenda.
VII. ADioURNMENT —Meeting adjourned at 11:30 p.m.
Oigof Newport Beach
COMMUNITY SERVICES
0
•
February 9, 1998
1.63, i3i14 N E T '0.1T 3;. "D
NEWPORT BEACH. (:A 9'653.3111s
Mayor Thomas C. Edwards and Members of the City Council
City of Newport.Beach
3300 Newport Blvd.
Newport Beach, CA 92658
Dear Mayor Edwards:
Item IV -1
March 3, 1998
PHONE '14.644.315A
FAX '14. 644.31+1
The Parks, Beaches and Recreation Commission at the meeting on February 3,
1998, voted to recommend that the City Council proceed with the annexation of
the Newport Coast and that the City accept the maintenance of the parks in the
area and provide public City wide access to the parks and facilities.
Sincerely,
Bill Schonlau
Chair, Parks, Beaches and Recreation Commission
•
0
VOR
EXCHANGE CLUB of Newport Harbor
Post Office Box 1022, Newport Beach, California
January 28, 1998
Parks, Beaches and Recreation Commission
City of Newport Beach
PO Box 1768
Newport Beach, CA 92658 -8915
Dear Commissioners:
FEB 2 1997
COMMUNITY SERVICES
The Exchange Club of Newport Harbor requests your permission to sponsor the "First
Annual Bob Henry Memorial Chili Cook -off'. We plan to create a community and
family oriented annual event, to be held each August or September. All proceeds from
the event will be used to create a police and fire department benefit fund in Bob Henry's
name.
The idea for this event is a result of our group's involvement with the dedication of the
Bob Henry Park. Our model for this event is the Peninsula Points annual chili cook -off --
which we see as a locally sponsored, family oriented, non- commercial community event.
Our vision for the Chili Cook -off includes:
A chili cook -off with several "team" awards.
Games for the kids
Display of,police cars, fire engines, etc,
Non - alcoholic drinks and hot dogs
Introduction of The Exchange Club's:
Policeman and Firemen of the Year
Teacher and Student of the Year from the local schools
Introduction of the DARE Officer and the DARE program
Display booths for:
The Exchange Club's Freedom Shrine
The Orange County Child Abuse Prevention Center's programs
The DARE Program
Etc.
0
I have spoken to the following and have received positive responses to the general idea:
Rich Thomas -- Newport Beach Firefighters Association
Timothy Riley -- Fire and Marine Chief
Joe Van Dervort
Dan Marciano -- Chamber of Commerce and The Arches
The net proceeds from this event will create the Bob Henry Memorial Fund, to be
administered the Orange County Child Abuse Prevention Center -- a non - profit, 501 (c)
(3) charity located in Costa Mesa.
We respectively ask the Commission's permission and help in creating this event. We
are flexible and realize many details will have to be worked out before this dream can
become areality.
Your questions, suggestions and advice are welcomed. Please contact:
Richard J. Harris, CPA
2400 W. Coast Hwy #K
Newport Beach, CA 92663
642 -2479 fax 642 -3479
Thank you,
Azi
Richard J. Harris
0
e� REOF
• 3 ° o FEB 21997
COMMUNI'::..... , _ ....
P.O. BOX 102 BALBOA ISLAND, CALIFORNIA 92662
January 30, 1998
Mr. Bill Schonlau, Chairman
Park, Beach• & Recreation Commission
P. 0. Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Schonlau:
Stop Polluting Our Newport (SPON,) respectfully requests
permission to plant a tree in Castaways Park In April
of the current year.
• We have been in conversation with Marcelino Lomeli, Park
and Tree Superintendent, who has been most helpful in out-
lining procedures for selection of a tree, parameters for
a plaque, and the planting. We intend to plant a Coast
Live Oak, a species compatible with other flora in the area.
This year we will honor Dr. Jan Vandersloot with the Frank
and Frances Robinson Award in continuation of our program,
begun in 1997; to honor someone who has contributed to the
betterment of our community. As you know, Jan has been an
extremely active volunteer and careful sponsor and guardian
of all the parks in Newport Beach.
Thank you for your attention to this matter.
cc: Marcelino Lomeli
0
Sincerely,
i f
Claudia Owen
Co- Presiding Officer
0
Agenda Item No. IV - 2
March 3, 1998
General Services Department
Parks and Trees Divisions
February 1998 Activities Report
Park Division Activities
1. Staff continued coordinating construction projects regarding MacArthur
Boulevard, Castaways Park, and the Pacific Coast Highway and Newport
Boulevard Interchange Project with the Public Works Department.
2. Staff continued coordinating with the Public Works Department Phase II of
the "Green Acres Reclaimed Water Project ". The project will route
reclaimed water to irrigate Bonita Creek and Eastbluff Parks and several of
the Jamboree Road medians.
3. Irrigation renovation and plant replacements were completed by staff at
. various sites.
• 4. City fields have been prepared for the upcoming youth baseball season.
Soccer goals were placed into storage, backstops and bleachers were set
out, and field lines were installed at various facilities.
5. Staff replaced several sections of collapsed drain line at the Buffalo Hills
Park soccer and baseball field.
6. Staff assisted in the installation of a new drain line system at City Hall to
eliminate the flooding of several entrances during heavy rains.
7. Staff participated in the annual pesticide safety training program that is
mandated by the County Agricultural Department. Greg Lewis, City Pest
Control Technician, conducted the training.
Upcoming Activities for March
1. The planting of replacement shrubs and ground covers will continue
Citywide.
2. Staff will continue to monitor the Fletcher Jones mitigation plan in the Big
Canyon area.
• 3. Staff continued coordinating the annual control of rodents by contract
services.
• 4. The City will assume landscape maintenance of the first phase of the
MacArthur Boulevard street improvement project. The maintenance will
be performed by the City's contractor.
Tree Division Activities
During the month of February, 448 trees were trimmed, 41 trees were
removed, 41 trees were planted, 18 emergency call's were responded to
regarding trees and 140 tree maintenance requests were received by the
Urban Forester.
1. Tree removals were performed at these various locations during the month.
Replacement trees were planted at alternate sites whenever the existing
removal location prevented any street tree planting per the City Council
Policy G-6 guidelines. Removals were as follows:
Park Avenue median, across from 511 Park Avenue - One dead tree removed.
One replacement tree planted.
Across from 440 Heliotrope Avenue - One dead tree removed. One
replacement tree planted at an alternate site.
• 1730 East Pacific Coast Highway - One dead tree removed. One replacement
tree planted at an alternate site.
11 Half Moon Bay Drive - One tree removed due to property damage. One
replacement tree planted at alternate site.
1300 Estelle Lane - Two trees removed, due to property damage. Two
replacement trees planted at an alternate site.
424 Pirate Road - One tree removed due to property damage. One replacement
tree planted.
508 West Bay - Two trees removed due to property damage. Two replacement
trees planted.
2133 East Ocean Boulevard - One tree removed due to property damage. One
replacement planted at alternate site.
Across from 1311 Bayside Drive - One tree removed due to property damage.
One replacement tree planted at an alternate site.
2118 Windward Lane - One tree removed due to property damage. One
replacement tree planted at alternate site.
1700 Highland Drive - Two trees removed due to property damage. Two
replacement trees planted.
4720 Cortland Drive - One, tree removed" due to property damage. One
replacement tree planted at an alternate site.
315 El Modena Avenue - Two trees removed due to property damage. Two
replacement trees planted.
1600 Anita Lane - One tree removed due to property damage. One
replacement tree planted.
2607 Harbor View Drive - One tree removed due to property damage. One
replacement tree planted.
2245 Aralia Street - Two trees removed due to decay. Two replacement trees
removed.
2615 Blue Water Drive - One tree removed due to property damage. One
replacement tree planted at an alternate site.
201 Via Orvieto - One tree removed due to decay. One replacement tree
planted.
• 501 Poinsettia Avenue - One tree removed due to property damage. One
replacement tree planted.
1851 Port Renwick Place - One tree removed due to property damage.
One
replacement tree planted at an alternate site.
.1133 East Ocean Boulevard - One tree removed due to property damage.
One
replacement tree planted at alternate site.
1707 Bayadere Terrace - Two dead trees removed. Two replacement
trees
planted.
701 Begonia Avenue - One dead tree removed. One replacement tree planted.
2100 Arbutus 'Street - Two trees removed due to property damage.
Two
replacement trees planted at an alternate site.
2600 Vista Del Oro - One tree removed due to property damage.
One
replacement tree planted at an alternate site.
Across from 2900 Ocean Boulevard - One tree removed due to decay.
One
replacement tree planted.
1416 East Balboa Boulevard - Two trees removed due to property damage.
Two replacement trees planted at an alternate site.
•
• 734 Cameo Highlands Drive - One tree removed due to decay. One
replacement tree planted.
2328 Aralia Street - One tree removed due to property damage. One
replacement tree planted at an alternate site:
5115 River Avenue - One tree removed due to property damage. One
replacement tree planted at an alternate site.
4601 Dorchester Road - One tree removed due to ,property damage. One
replacement tree planted at an alternate site.
620 Orchid Avenue - One tree removed due to decay. One replacement tree
planted at an alternate site.
621 Orchid Avenue - One tree removed due to decay. One replacement tree
planted at an alternate site.
2. The Urban Forester coordinated the Citywide Sidewalk Replacement
Program with the General Services Department Concrete Supervisor. This
involved the Urban Forester inspecting City street trees as related to
sidewalk repairs.
• 3. The City tree trimming contractor, West Coast Arborists, completed work
at several locations within the, Newport Heights area. Additionally, all
Eucalyptus trees along Fourth, Third, Second and Poppy Avenues in
Corona del Mar were trimmed as a precautionary step to reduce any
potential tree failures due to severe winter storms, since several trees and
limbs had fallen in high winds in December.
4. The Blue Gum parkway street trees (Eucalyptus globulus) in several areas
of Corona del Mar are suspected by staff to be in severe decline due to
Armillaria root rot, slime flux disease, and overall decay. Because of this
concern, staff directed the City tree contractor to conduct testing of six
trees on 4th Avenue that were suspected to be potential tree failures. Two
of the six trees were found to have severe root rot that necessitated
emergency tree removal. Staff has scheduled the additional testing of forty
four Blue Gum trees and more tree removals may be required.
5. The City tree contractor, West Coast Arborists will begin completing a
comprehensive Master Tree Planting Program that will include an
inventory of tree vacancies throughout the City, recommending changes to
the current designated tree list, projecting a cost analysis of reforestation
and other related information at no cost to the City. Staff will be presenting
a report to the Commission in several months.
n
LI
• 6. The City Council Policy G-1 requires that 30 days advance notification be
made to the Commission prior to any tree removals. The following
locations are recommended for tree removal:
a. 1942 Port Albans Place - Remove one Evergreen Pear tree due to property
damage. Replant one tree.
b. 2115 Arbutus Street - Remove one Lemon Gum tree due to decay. Replant
one tree.
c. 2233 Aralia Street - Remove one Brazilian Pepper tree due to property
damage. Replant one tree.
d. City Hall - Remove three Weeping Banyan trees due to drainage and
landscape problems. Replant three trees at an alternate site.
and Trees Maintenance Superintendent
MGL/pw
0
0
• Item No. IV -3
March 3, 1998
COMMUNITY SERVICES DEPARTMENT
TO:
Parks, Beaches and Recreation Commission
FROM:
Steve Hunt, Senior Recreation Manager
SUBJECT:
March Monthly Commission Report
Mudline and Field Conditions - Staff memo has been sent to all Youth Sport Group representatives
that utilize City fields to serve as a stern reminder. Coaches and players are urged to follow
Mudline directions as wellas common sense when using weather effected fields. The memo is
attached.
The constant rains and the resulting unplayable field conditions have canceled numerous youth and
adult sport games and practices. To date, Spring Adult Softball has already had to reschedule over
65 rained out games.
Corona del Mar Scenic SK — Planning has begun for the 17th Annual Corona del Mar Scenic 5k.
The event is scheduled for Saturday, June 6, 1998 in Corona del Mar. Coast Newport Properties
has agreed to be the Event Sponsor again this year, donating $10,000 to the 1998 race. The
steering committee is actively seeking additional sponsors; sponsorship deadline is Friday,
March 13, 1998.
• 1998 Youth Basketball League - The 1998 Youth Basketball League season ends on Saturday,
March 7 with the championship gashes for the C Division, B Division and Girls B Division. The
league consists of twenty -two teams, 16 boys teams and 6 girls teams. This years Teague is
comprised of 200 participants registered from the five different elementary schools. The winners
of the championship games will represent the City of Newport Beach at the Orange County
Tournament held from March 16 - 22 in. Santa Ana.
Classes /Instruction- We are mid -way through the Winter Session as El Nino continues to wreck
havoc with our outdoor classes. Tennis classes are routinely postponed due to rain and sign -ups
continue to be low due to consumer caution about the weather.
New contracts that were mailed out in January are being well received by instructors. We expect
to have all completed by the end of March. A series of meetings were scheduled the last week in
February with instructors to discuss new ideas, instructor responsibilities and to answer questions
about insurance and marketing.
In a similar manner, a meeting was held last week with all tennis instructors to discuss new
summer programs. The program is incorporating new classes designed to be instructional play
along with coaching, giving the more advanced players new choices. Instructors are also being
encouraged to use times from canceled classes to do private lessons. The Round Robin tennis
tournaments will be run only two times per year.
• The Spring Newport Navigator was mailed to Newport Beach residences the last week of
February.
0
Aquatics -For the period of January 23 — February 23, 1998 aquatic revenue totaled $5,638, and
includes as follows:
Rentals - $660
Lap Swim Fees - $183
Annual Pass Fees $400
Punch Pass Fees - $260
NBAC /Jr. Polo Fees - $4,135 ($1,855 Polo; $2,280 Swim)
(During this time, 714 people participated in lap swimming.)
Special Events- The 8th Annual Speciat Olympics Basketball Tournament is scheduled for
March 21 at Corona Del Mar High School from 8 a.m. to 3 p.m. This program is co- sponsored
by-the Newport Beach Rotary Club. Staff is currentlyrecruiting volunteers to assist the coaches;
about 200 participants on 20 different teams from all over Orange County are expected. Sgt.
Pepperoni is donating the lunches for the athletes. Each participant will get a participation gift
pair of sunglasses.
•
•
6-City of Newport Beach
COMMUNITY SERVICES
February 23, 1998
P.0 BOX 1'63, 31n0 SE \CPURr ?:%'D
\EWP0Rr BEACH. CA e. of S-341.
Dear Youth Sports Commissioner:
Plitt \E 'I1. 614.3151
"AX - 14.644•31ii
The City of Newport Beach Community Services Department is very concerned about field usage by
groups on rainy days.
Due to the El Nino storms that have hit the City in recent months, fields are in less than ideal condition.
Many groups have used the fields on days when they have been closed contributing to more field damage.
Please do everything in your power to keep your groups off the fields on rainy days. As you know, the City
operates a "mud line" to inform coaches, parents, and participants on the status of our fields.
The mud line will give field closure information on all rainy days, however, on days -following ,a storm,
isolated areas of fields may not be suitable for play. Please inform your coaches to use caution around these
areas. The damage that can and have occurred on these fields effects the long term availability of all fields.
• Enclosed please find a set of City of Newport Beach Mud Line Phone Cards to give to your coaches. The
City appreciates your efforts in distributing these cards.
Please inform your coaches to use the mud line whenever possible, even on days following a storm.
Thank you for your cooperation. If you have any questions, please call'me at (714) 644 -3163.
Sincerely
X2-*
Scott Williamson
Recreation Coordinator
City of Newport Beach
cc: Steve Hunt, Senior Recreation Manager
CITY OF NEWPORT BEACH —MUD LINE 644 -3399 CODE 1060
r1
U
• Agenda Item No. \'J -3
March 3, 1998
COMMUNITY SERVICES DEPARTMENT
TO: Parks, Beaches, and Recreation Commission
FROM: Celeste Jardine -Haug, Senior Services Manager
SUBJECT: Senior Services Division - Monthly Commission Report
February was a very busy month with everyone getting back to business after the
holidays.
Tax Season is Underwa- - The AARP sponsored tax assistance program began February
2, and already they are booked through March 15. Five highly qualified seniors complete
tax returns 4 days a week. The program is free and usually serves about 500 people.
Larry White is the coordinator and has been with this program for 4 years.
Dinner Theater Fund - raiser. a Success - On Saturday, February 7, OASIS held it's first
Dinner Theater event which was a shared effort of the Friends of OASIS and the Center's
Staff. 175 attended the Neil Simon play, "I ought to be in Pictures ". Staff and student
• volunteers prepared and served dinner. Trader Joe's donated. wine, Sunflower Bakery
donated bread, and the Crean's and Irvine Company made cash donations to cover costs.
It was an enormous success, which had a net income of $3,500.
Valentines Events - The Friday Ballroom Dance had a Valentines theme on February 13.
Participants, were dressed in Red and Pink and refreshments were,served. The lobby of
OASIS is.displaying wedding dresses and wedding photos to add' to the Valentines theme
for the month. The dresses belong to OASIS members and OASIS staff. People have
delighted.in guessing who belongs to each gown and picture. It is equally interesting to
see the different styles of dresses from the different periods.
Board News - It is with deep sorrow that we report the death of Ruby Suikki's husband,
Lauri. Ruby is the current President of the Friends of OASIS and has been an active
Board Member for many years.
A nominating committee has been appointed and will be looking for board candidates to
run in the elections in June. The Board has 21 members. Each year, 7 positions are open.
Upcoming Events - We are currently planning for our Volunteer Recognition to be held
on March 18 and the Annual Health Fair on April 25.
•
Utilization Report
January 1998
•
Office Library
PARTICIPANTS IN 1
133
DDav Trios
'L.A. County Museum 25
Regan Library 44
69
'RIENDS OF OASIS TRAVEL PROGRAMS
CUSTOMERS
Lana Trips
Las Vegas 44
Yosemite Valley 20
ATTENDEES TO MEETINGS AT OASIS
Board of Directors 20
Newsletter Collating 18
General Membership 31
69 PERSONS
Over 80's Party 150
320 PERSONS
64
Utilreportjan
OASIS SENIOR CENTER
PARTICIPANTS ATTENDING
7654 CUSTOMERS
RECREATIONAL CLASSES
2894 CUSTOMERS
PERSONALIZED SERVICES PROVIDED
2002' CUSTOMERS
Includes:
Lecture - stroke screening
61
Another Passage
2 Housing counseling
73
Blood Pressure
90 Information /Referral
1226
Braille
43 'Legal Assistance
12
Counseling
70 Aging Support Group
2
Eldercare
6 Senior Assessment. (hrs)
50
Employment
40 Telephone Reassurance
322
HICAP
0 Visual Screening
5
251 Subtotals
1751
SENIORS RECEIVING TRANSPORTATION SERVICES
Care -A -Van
504
Shuttle
307
811 CUSTOMERS
CUSTOMERS RECEIVING NOON MEALS AT THE CENTER
1425 CUSTOMERS
VOLUNTEER HOURS OF SERVICES PROVIDED AT THE CENTER
1241.75 HOURS (Equivalent to 8 full time employees)
Includes:
Front Office
Kitchen
Gift Shop
Pancake Breakfast
Home Delivered Meals Special Events
Instructors
Travel Office
•
Office Library
PARTICIPANTS IN 1
133
DDav Trios
'L.A. County Museum 25
Regan Library 44
69
'RIENDS OF OASIS TRAVEL PROGRAMS
CUSTOMERS
Lana Trips
Las Vegas 44
Yosemite Valley 20
ATTENDEES TO MEETINGS AT OASIS
Board of Directors 20
Newsletter Collating 18
General Membership 31
69 PERSONS
Over 80's Party 150
320 PERSONS
64
Utilreportjan
0
Agenda Item No.:
March 3,1998
To: Parks, Beaches and Recreation Commission
From: General Services Director
Subject: Tree Donation
Recommendation
To accept one 24" box California Live Oak tree donation from Stop Polluting
Our Newport (SPON) that will be planted at Castaways Park. Additionally,
that the plaque size be 5" x 7" and the verbiage read "Planted in honor of Dr.
Jan Vandersloot, recipient of the Frank and Frances Robinson Environmental
Award April 25; 1998."
Discussion
• Staff received an inquiry and subsequently a letter (Attachment A) from Ms.
Claudia Owen, Co- Presiding Officer of SPON regarding a proposed tree
donation for Castaways Park. Staff met on site with Ms. Owen to discuss the
tree planting.
The organization is proposing to donate several trees over the next few years
to City parks as part of SPON's Frank and Frances Robinson Environmental
Award program. This award is a long term program commitment by SPON to
the City. Last year the organization donated an Oak Tree that was planted in
the California native plants area of Cliff Drive Park on behalf of the first
Robinson Award recipient. Additionally, last years tree donation also included
a Y x 7" plaque as part of the awards program.
Ms. Owen has received a copy of this report and a notice of the March 3
Commission meeting.
Very respectfully,
David E. Niederhaus
DEN/MGL/pw
• Attachment
0
0
•
CL
7 STOP
OUR
�
P.O. BOX 102 BALBOA ISLAND, CALIFORNIA 9282SppRKS�REE
S
January 30, 1998
Mr. Bill Schonlau, Chairman
Park, Beach & Recreation Commission
P. 0. Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Schonlau:
Stop Polluting Our Newport (SPON) respectfully requests
permission to plant a tree in Castaways Park In April
of the current year. ,
We have been in conversation with Marcelino Lomeli, Park
and Tree Superintendent, who has been most helpful.in out-
lining procedures for selection of a tree, parameters for
a plaque, and the planting. We intend to plant a Coast
Live Oak, a species compatible with other flora in the area.
This year we will honor Dr. Jan Vandersloot with the Frank
and Frances Robinson Award in continuation of our program,
begun in 1997, to honor someone who has contributed to the
betterment of our community. As you know, Jan has been an
extremely active volunteer and careful sponsor and guardian
of all the parks in Newport Beach.
Thank you for your attention to this matter.
cc: Marcelino Lomeli
Sincerely,
Claudia Owenv
Co- Presiding Officer
0
Agenda Item No.L—
March 3, 1998
To Parks, Beaches and Recreation Commission
From: General Services Director
Subject: Peninsula Park Renovation Plan
Recommendation
To accept the renovation plan for Peninsula Park and direct staff to finalize the
plans and specifications for the project.
Discussion
The Peninsula Park athletic field renovation is currently funded in FY 1997 -
1998 as a Capital Improvement Project in the amount of $150,000. Staff has
coordinated the project with the Public Works and Community Service
Departments ,and has retained Hirsch and Associates, Landscape Architects
for the design of the Park renovation.
Staff and the consultant will present the preliminary plan at the Commission
meeting. If the Commission approves the plan staff will finalize the contract
documents to bid the project. The City Council would then award the contract
and construction would begin in April with completion scheduled for June 15,
1998.
The Youth Sport organizations that use the facility and the 'Fire and Marine
Department that conduct a summer Junior Lifeguard Program at the Park
have been advised of the construction schedule. The Central Newport Beach
Community, Balboa Merchants, Balboa Peninsula Point Associations, and all
of the adjacent residents to the project will receive a copy of this report and a
notice of the March 3 Commission meeting.
Very respectfully,
David E. Niederhaus
DEN/MGL/pw
•
n
Item V -6
March 3, 1998
To: Parks, Beaches and Recreation Commission
From: General Services Director
Subject: Tree Removal Appeal
Recommendation
To deny the removal request of two City parkway Blue Gum trees (Eucalyptus
globulus) located at 621 Narcissus Avenue, on the Fourth Avenue side of the
property.
Discussion
Mr. James M. Trush of 621 Narcissus Avenue requested the removal of two City
parkway street trees per his letter dated June 26, 1997. (Attachment A)
The Urban Forester and Park and Trees Maintenance Superintendent reviewed
the request on site per the Tree Inspection Report (Attachment B) and found the
trees to be healthy specimens with no significant damage to warrant any tree
removals. Subsequently, the Urban Forester sent a letter dated July 21, 1997
(Attachment C) denying the tree removals. Additionally, the letter stated Mr.
Trush's recourse for appealing the matter to the Parks, Beaches and Recreation
Commission.
On Monday, December 22, 1997 the Urban Forester and the Park and Trees
Maintenance Superintendent were on Fourth Avenue reviewing a fallen tree which
resulted from a severe wind storm, and assessing another tree that was partially
uprooted and severely leaning. Mr. Trush approached the Urban Forester at this
location and requested immediate removal of the two City street trees adjacent to
his residence, the same removals that were previously denied, indicating that he
perceived an immediate .threat of the trees falling onto his Home. The Urban
Forester responded by inspecting these two trees and informing Mr. Trush that
there was no immediate danger of the trees falling. The Park and Trees
Maintenance Superintendent concurred with this assessment.
Mr. Trush responded with the attached letter dated December 23, 1997
(Attachment D) requesting to appeal the denied removal request of the two trees.
Mr. Trush was informed per a letter dated December 30, 1997 (Attachment E)
• that his appeal would be forwarded to the Commission.
• Mr. Trush has received a copy of this report and a notice of the February 3
Commission meeting.
Very, respectfully,
David E. Niederhaus
DEN/MGL/pw
Attachments:
A. Mr. James Trush's letter dated June 26, 1997
B. Tree Inspection Report
C. Urban Forester's letter to Mr. Trush dated July 21, 1997
D. Mr. James Trush's letter dated December 23, 1997
E. General Services Director's letter to Mr. Trush dated December 30, 1997
F. Tree Appraisal
•
•
L4L1V OFFICES OF
Trush & Goseco
• 5160 BIRCH STREET, SUITE 100
NEWPORT BEACH, CALIFORNIA 92660
TELEPHONE (714) 851.9090
FAX (714) 851.9004
June 26, 1997
David Niederhaus, General Services Director
General Services Department - Tree Division
City of Newport Beach .
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Re: Tree and Root Liability Issues At Fourth and Narcissus, Corona Del Mar
Dear Mr. Niederhaus:
I am the owner of the property located at 621 and 621 112 Narcissus Avenue, Corona Del Mar,
California; which is located at the corner of'Fourth -Street and Narcissus Avenue. This letter is
sent regarding the two City of Newport Beach eucalyptus trees located on or adjacent to the
Fourth Street side of our property.
The two city owned eucalyptus trees on the Fourth Street side of our property have created a
number of problems over the last several years, many of which expose the City of Newport
Beach to liability. The problems we have experienced with the City eucalyptus trees include the
following:
(1) Root intrusion into the sewer lines and sewer lateral. The root intrusion necessitated the
replacement of the lateral at the alley,. My recollection is that the sewer lateral at the
alley was replaced during 1996. Since the sewer lateral has been replaced, we have
continued to experience repeated and frequent root blockages of our sewer lines. The root
blockages have caused repeated and frequent ,overflow of toilets in our home. The
frequent overflow of toilets has resulted in damage to our wood floors in addition to the
expense incurred to pay plumbers to clear the roots from the lines.
(2) The eucalyptus tree located closest to Narcissus Avenue appears to have caused damage
to the slab of our home which during a heavy rain resulted in flooding of our living room,
which in turn required the replacement of the wood floor in our living room.
(3) The eucalyptus tree closest to Narcissus Avenue is pushing out the curb into the street and
creating a sharp protruding piece of concrete curb into the public street, which in my view
exposes the City to liability for property damage or personal ,injury which may result.
The curb being pushed into the public street also exists with respect to the tree furthest
• from Narcissus Avenue but is not quite as severe.
David Niederhaus
City of Newport Beach
June 26, 1997
Page 2
(4) I have been informed by a general contractor that the eucalyptus tree ,growing closest to
Narcissus Avenue has a twisted trunk which is an indication that the tree is weakened and
susceptible to being blown over during a windstorm. As you know, Southern California
experiences yearly windstorms during the "Santa Ana winds" season. By this letter, the
City of Newport Beach is on notice that the eucalyptus tree at the corner of Fourth and
Narcissus is susceptible to being blown over in a windstorm. This condition exposes the
City to liability for any property damage or personal injury as a result of the tree being
uprooted or blown over. ,
I request that the City review the issues set forth in this letter and advise me in writing as to their
findings. It appears to me that due to the property damage caused by the trees and the liability
issues that the appropriate action would be removal of the trees.
If for any reason the City is unwilling to remove the trees, I may at that time be forced to retain
an arborist, plumbing contractors, and real estates appraisers, to further substantiate the problems
listed above and the resulting damages. At this time, I have incurred damages as a result of the
City owned eucalyptus trees, including but not limited to, diminution in value of our property as
a result of the roots intruding into the slab and sewer lines, out -of- pocket costs for plumbers, out -
of- pocket expenses for replacement of the wood floor in our living room, and in the future out-
of- pocket expense in the replacement of the wood floor in one of our bathrooms which has been
damaged as a result of the frequent overflowing of the toilet.
If the City promptly removes the problem trees and repairs the curbs; I may be willing to release
the City from these damages claims.
Thank you for your cooperation and consideration with respect to these matters. If you have
questions, please do not hesitate to contact the undersigned.
JMT /eh
b=hkirynpb.IM0381009
•
Very truly
GOSECO
'rush
CITY OF NEWPORT BEACH
• GENERAL SERVICES DEPARTMENT
TREE INSPECTION REPORT'
r1
•
Name: Mr. James M. Trush
Address: 621 Narcissus Avenue
Phone Number: 851 -9090
Request: Two tree removals per attached letter. Trees are located on
Fourth Avenue.
Botanical Name: Eucalyptus gl'obulus, tree site #S' 1, Eucalyptus
globulus, tree site #S -2
Common Name: Blue Gum Tree
Designated Street Tree: Eucalyptus citriodora (Lemon Gum)
Estimated Tree Value: 42" DBH x 2 trees = 2770.8 ", 20% species' value,
$4,787.94 each x 2 trees = Total Value $9,575.88 (per attached appraisal
report).
Damage: Maintenance records indicate last trimming was completed April
1996.
Parkway: Concrete_ Brick _Turf x Other
Comments: A field inspection determined trees were healthy with no apparent
property damage. Trees were last trimmed in April 1996.
Inspected by: r " ", Date: July 10, 1997
Recommendation: Retain trees, no evidence of property damage as
indicated by letter, sewer lateral is in the alley and not adjacent to the trees.
Reviewed by:
Date: July 10, 1997
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
July 21, 1997
Mr. and Mrs. James M. Trash
621 Narcissus Avenue
Corona del Mar, California 92625
Dear Mr. and Mrs. Trush,
Your requests for City tree removals have been reviewed and examined on site.
Staff recommends the retention of the trees in accordance with the attached
City Council Policy Gl. Informationally, the trees were last trimmed in April
of 1996.
Your recourse in this matter includes an appeal of this decision to the Parks,
• Beaches and Recreation Commission. If you wish to do so please send a letter
to: David E. Niederhaus, General, Services Director, Post Office Box 1768,
Newport Beach, California 92658 -8915, for inclusion on a future Commission
agenda.
Please contact me at 644 -3083 regarding any questions.
Sincerely,
Jo3�n Conway'
Urban Forester
JC /pw,
Attachment
5300 Newport Boulevard, Newport Beach
I . r
x
i
I
I
I
• i
i
I.
997 02 :45PM
i
•' i
FROM TRUSH & GOSECO TO
LAW OFFICES OF
Trush & Goseco
5160 BIRCH STREET, SUM 100
NEWPORT BEACH. CALIFORNIA 92660
TELEPHONE (714x851.9090
FAX (714) 851.9004
December 23, 1997
Jr.
bf Newport Beach
Niwp 'rt Blvd.
11 x 1768
port Beach, CA 92658; 8915
6500747
P.02
Re: Eucalyptus trees located at Narcissus Ave. and 4th Street in Corona Del Mar
Dear AIr. Conway:
As you kno�W, we spoke yesterday on 41h Street at the time your crews were removing two fallen
Eucalyptus trees on 4th Street. At the time of our discussion, you encouraged me to send a fax,
whicli I aminow doing.
'This letter will confirm several facts including the following:
1.
2.
3:
,1 previously requested, by letter, that the large Eucalyptus trees Iocated on our property.
(our property is located at 621 Narcissus Avenue which is at the comer of 4th and
Narcissus), be removed because of what appeared to me to be a safety problem. I had
previously been ini'ormed by at least one contractor that the twisting which exists in the
:trunk of the Eucalyptus trees on our property, make the trees more :susceptible to being
knocked over in high winds.
Yesterday, a Eucalyptus tree located on 4th Street on the property located diagonally from
our; home, fell without warning and damaged, a neighbor's roof (the location of this tree
is designated by the number "I" on the attached diagram).
Yesterday, a Eucalyptus tree on the property located on the corner of 4th Street and
Mari gold (designated by the number "2" on the attached diagram),. began uprooting the
grqund and is in file process of being removed as I am writing this letter.
0
i
r
.I
:i
I
02 :46PM FROM TRUSH & GOSECO TO 6500747 P.03
• �I
fir. John F.:. Conway, Jr.
December 2, 1997
Page; 2
(�
4. `As I..am writing this letter, your crews are on -site regarding the trees at location number
i "1" and locatioa:number "2" on the attached diagram, removing both of those trees.
i•
6, . i i pppa'rendg,.on approximately December 11, 1997, a Eucalyptus tree on 4th Street fell and
'damaged the roof of,the property located at 618 Poinsettia (the, tree fell without warning
designated; by the number "3" on the diagram).
Yoi indicated •to:me flint if we notice ground upheaval to contact you and the trees will be
removed. I3oweder, I asked yoit if the tree on the property designated on the attached diagram
as nifthber Pi" gave a warning ti4th ground upheaval. You indicated that it' did not. At the time
of Qur disc6sion at approximately 12:30 p.m. yesterday, I requested that the City remove the
Eucalyptus bees Iocatea Lon our property as soon as the crews are done removing the two fallen
Euc!alpp frees. You stated that you would speak NMh your Supervisor and;espond back to me..
I view this as an important safety issue. The City is on notice that these Eucalyptus trees are
falling in the wind stoims'this season at a rapid rate. Since .one of the Eucalyptus trees which
fedyesterday, and the tree which fell on December 11, 1997, both fell without any warning and
causing property damage, it does not appear to me to make any sense whatsoever to wait until
thetrees on our lot fall and cause possible personal injury or property damage. In fact, the City
is'dn'notice of our request and serious safety concerns.
If th6 City; is unwilling to remove the trees immediately, please notify me in writing as to
whetter I: authorized by the Ciry to have the trees removed, and 1 will have a private tree
removal sexvice begirt the removal immediately. Either way. action should be taken without
waiting for further property damage and possible injury. As indicated to you, we have two small
children in the housc all day alone with my wife (out sons aze two and half and six months old).
My, wife is eoncemed about staying in the house during these high winds with the Eucalyptus
trees falliiag everywfiere azouad us. Please speak with your supervisors immediately and obtain
the requested approval so that your crews can begin removing the trees on our property, as soon
as;tley aze done removing the other two trees that they are working on.
. Very truly yours n
j
i
jwjdd•
encfosure�
;i
411sh
I
,
;l
i
,
•� i
12-
23 -1997 02:46PM FROM iRUSH 3 GOSECO TO 6500747 P.04
I '
i
i
• L1,Arr,
'I I
i
i
I
,
y :54144
I ,
TOTAL P.04
9
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
December 30, 1997
Mr. James M. Trush
5160 Birch Street, Suite 100
Newport Beach, California
92660
Re: 621 Narcissus Avenue
This letter is in response to your correspondence dated December 23, 1997
regarding the City Eucalyptus parkway street trees located on Fourth Avenue
adjacent to your residence at 621 Narcissus Avenue.
The two City trees that you requested to be removed per your attached letter
dated June 26, 1997, were inspected by John Conway, Urban Forester. He did
not feel that the trees warranted removal since the sewer mainline is located
in the alley and not near the two City trees. The Park and Tree Superintendent
• also concurred with his recommendation. Mr. Conway denied your request per
the attached letter which also stated that if you want to pursue the matter
you may appeal the decision to the Parks, Beaches, and Recreation
Commission.
The Urban Forester again inspected the trees on Monday, December 22, 1997
and he feels that the trees do not display any signs of being a immediate
hazard requiring removal, Mr. Conway will be inspecting all the City street
trees this week located on 4th Avenue for any potential hazards.
Your appeal to remove the trees will be placed on the February 3 Park,
Beaches, and Recreation Commission agenda. A notice of the meeting and, a
copy of the staff report will be forwarded to you.
Please contact me at 644 -3055 if you have any questions.
Sincerely,
David E. Niederhaus
General Services Director
DEN /mgl
n
3300 Newport Boulevard, Newport Beach
F
Z
W
U�
w¢
G] W
F- Im
ON
OW
a
•w>
ZW
LL N
OJ
�a
_ oc
CU W
Z
W
0
n
L J
Q
N
N
m
Z Ca
N
(D C
N t
N p
a
Q d
0
a
J
U)
a
CL
CL
w
x
F-
W
O
J
n
00 00
vi
n
N N
LO
Z
rn rn
4�
O
o
00 C
F
Q
o
t, r"
OU
co�
J
»
F (%io
z° g
U
�
co co
W
O
(n L
U
N U
m to
17
7
U m O°
a.
Clv
m w
v v
U
W
J
o0
co co
6 0
U
tt• `F
a
�t)
m
ca ca
c c
W
W�
Up
gU
W
x
•
v v
w Z
O
co co
cm
U
m
Q V W
to
Y �
N N
Q
(Ii
N E
a
Co N
N
0
� rnm
d d
W. `-'
•in •m
CD m
o N
L L
I— I-
0
Agenda Item No. � 11
March 3, 1998
TO: Parks, Beaches & Recreation Commission
S�
FROM: Steve Hunt, Senior Recreation Manager
SUBJECT:, Lincoln Athletic Center Field Improvements
The Newport Beach Little League has proposed a project to enhance the backstop and surrounding
area of Field #2 at Lincoln Athletic Center. The youth organization would fund this project
estimated at $40;000.
At the, February 3 meeting, the Parks, Beaches & Recreation Commission approved the concept of
the project with conditions that were agreed upon by the City, school district, AYSO and Little
League. Since that meeting, it has been determined that public input was incomplete and that the
residents wanted to have further review, of the proposed changes.
. Therefore, the proposal has been placed on the March agenda to allow for further public comment.
Staff has made a thorough effort to notice all neighboring associations as well as individual
residents that have made previous contact in regards to this facility.
A summary of the proposed improvements and a site plan is attached.
LINCOLN FIELD
LITTLE LEAGUE IMPROVEMENTS
LINCOLN #2
1.
Two (2) batting cages with concrete slab, 12' fencing and electrical outlets.
2.*
Two (2) new storage bins, 8' x 40' on concrete slabs extending length of
dugouts.
3.*
Two (2) new scoreboards 6' wide - 3' high with controls behind home plate.
Scoreboards will be mounted at back of each bullpen.
4.*
Three (3) flag poles located behind home plate near new dedication wall.
5.
Reviewing stand with desk counter and blue tarp roof.
6.*
New dedication wall, 42" high, behind home plate with anti - graffiti coating and
narrow top to discourage skate boarders.
7.*
Larger concrete plaza with four (4) trees behind homeplate. Trees to be
acceptable to City.
8.
New bullpen behind 3'd base dugout and enlarged bullpen behind I' base
dugout. Both with 12' chain link fencing.
9.*
New chain link/blue tarp roofs for both dugouts.
10.*
New concrete walkways from plaza to field. Concrete walkway behind snack
shack to be 10 ft. from soccer field.
11.*
Five (5) 1'0' high low wattage •light posts at plaza with an acrylic lens and covers
on the back which cause the light to shine down.
12.
Two (2) removable foul poles.
13.
Removable 6' high fencing for outfield and just past 1" base dugout with
concealed anchors for offseason.
14.
Electrical upgrades
• Power to score board
• Duplex outlets to batting machine in batting cage
• Duplex outlets for snack shack
• Additional duplex outlets to reviewing stand
15.*
Picnic tables and benches will be by Quick Crete Co. or equivalent.,
*DENOTES REVISION PER SUB - COMMITTEE MEETING
•
-l-
2 -23 -1998 2:48PM FRCM MANNING HCMES 714 250 9008
v
coln
c
o
V �
F'
3
F- :,v
P. 2
w
n
g�
W
a
L
J
�
�*
U i
G
m
'¢
^
z
L o
Lu
z
O
U
z
W
a�
,..:.
..
L...w ..err
f
1
• . .. �
w:.•r�l•.h
." ;
^1pMM
Joi
'TF�.
••..♦ "�..
"• •y
_f J.. .�+a -.�.hP
iL CA4
!
F- :,v
P. 2
w
W
a
L
J
�
�*
U i
G
m
'¢
^
z
L o
Lu
z
O
U
z
P. 2
w
W
a
L
J
�
�*
U i
G
m
'¢
^
z
L o
Lu
z
O
U
z
Item V -8
COMMUNITY SERVICES DEPARTMENT
0 Date: March 3, 1998
To: City Council Finance Committee
Parks, Beaches and Recreation Commission
From: LaDonna Kienitz, Community Services'Director /City Librarian
Re: The Boys and Girls Club facility in Eastbluff Park
The-City lease to the Boys and Girls Club for the gymnasium in Eastbulff Park expired June
30, 1996. The Club has requested an extension of the original lease,, and has continued to
use the facility without a lease since 1996.
At the meeting of the City Council Harbor, Beaches and Parks Committee on February 18,
the matter was referred to both the Parks, Beaches and Recreation Commission for the
March, and if needed, April meetings and to the City Council Finance Committee meeting
on March 9.
BACKGROUND
Documents /Lease. etc. — The facility in Eastbluff Park was built in 19,74. The files indicate
that the original construction was funded by the Irvine Foundation; and that it was the intent
of The Irvine Company and the City that the facilities be used as a community center for the
entire community.
The original 1971 lease to the Club was at a cost at one dollar per year for twenty -five
years. It provided that the City have use of the building for City programs and as a
community center at no cost to the City, and that the improvements on the site revert to the
City at the expiration of the lease.
There was a 1973 amendment to the lease to increase the size of the site ,and, a later
license agreement with the School District for installation by -the City of exterior basketball
courts. Other lease terms were not changed.
A copy of the letter from the Club's Executive Director Richard Power to Councilman Dennis
O'Neil, December 16, 1997, and reply from City Manager Kevin Murphy, December 22,
1997, are attached.
Utilization of the Facility at Eastbluff
The Club currently uses the facility for after - school programs for the youth members of the
club, seasonal youth basketball programs, adult sports programs for the parents, coaches
and donors to the club, and contract programs for youth sports and summer day camp. A
youth membership to the club is $72' a school year. The Club runs a youth basketball
program five nights per week during basketball season. Post - basketball season, a high
• school county -wide basketball league is conducted two nights per week, by a private
contractor and the gym is provided to a private traveling team one night a week.
The Boys & Girls Club in Eastbluff Park
Page 2
The City exercised its right to use the facility in 1997, using the gymnasium two nights each
week from mid -June to the end of October. The Club submitted a maintenance bill of
$1,321 for the use of the building for those 22 evenings. There are no City programs in the
facility at this time, but City use has been scheduled for one evening per week beginning in
late March.
City Use of the Lincoln Gym
The City currently leases from the School District the Lincoln Gymnasium for youth and
adult sports programs, fully utilizing it seven days a week. The current annual cost to the
City; until June 2002, is $16,200, with anticipated annual CPI' adjustments. In July 2002,
the cost becomes $32,400, plus annual CPI adjustments. This is an actual recurring cost of
City recreation programs.
The District has the right to cancel the Lincoln lease at any time, with only six months
notice. Staff have been informed that this could be a real possibility with the growth of the
District school population in the Newport Coast and Bonita Canyon. Parent pressure has
developed to change the use of Lincoln School to a middle school for which it was originally
built. Such a decision could require District use of the gym.
Deferred Maintenance at Eastbluff
The facility is in need of deferred maintenance, including at a minimum, exterior painting,
and roof repairs. The City has recently made sidewalk repairs on the site.
POSSIBLE'ORTIONS FOR CONSIDERATION
1. Renew the lease with the original terms at $1 per year.
2. Renew the lease with new terms.
•Terms could parallel the Lincoln Lease.
•Provision for a six month or one year cancellation notice by City.
•Annual payments of $16,200, plus CPI increments, through June 2002.
•Annual payments of $32,400, plus CPI increments, if a lease is considered for the
period after June 2002.
•Requirement thatthe Club undertake needed deferred maintenance of facility.
3. City assume responsibility for the facility and conduct City run youth and adult programs,
using both the gymnasium and the meeting rooms.
4. City assume responsibility for the facility and provide the Club'the option of contract use
of the facility for specific youth programs, possibly the youth basketball program.
'5. City assume responsibility for the facility; cancel the,lease at Lincoln; and move, all the
current programs in the Lincoln, Gym to the Eastbluff facility; and: develop additional
programs to utilize the activity rooms.
0
The Boys & Girls Club in Eastbluff Park
Page 3
•
REQUESTED ACTION
This matter has been discussed by the Committees of the City Council, both the Finance
and the Harbor Beaches and Parks Committees. Council members have toured the facility.
It is requested that the Parks, Beaches and Recreation Commission review this matter,
consider the possible options described or prepare an -alternative option, and make a
recommendation to the City Council for action.
Attachments: 1. Correspondence, Kevin Murphy, December 22, 1997
2. Correspondence, Richard Power, December 16, 1997
3. Correspondence, Richard Power, October 6, 1997
4. Original Lease, June 30, 1971
5. Amendment to Lease, December 17, 1973
6. Floor Plan of Facility
0
•
0
CITY OF NEWPORT BEACH
U
Cam! FO R�;
December 22, 1997
Mr. Richard Power, Executive Director
The Boys & Girls Club of the Harbor Area
P. O. Box 10297
Costa Mesa, CA 92627
Dear Mr. Power:
Recently, I received a copy of your letter to Council Member Dennis O'Neil regarding
your disappointment and frustration on the status of negotiations for a new ground
lease. Firstly, it is important to note that the City has leased the facility at Eastbluff Park
to the Boys & Girls Club for over 25 years for only one dollar per year. Certainly the
club has provided leadership and recreational opportunities for the youth of the City and
the greater Orange County area during these years. However, it must be emphasized
that the City has been a very cooperative and generous landowner.
The needs of the City for youth and adult recreational programs has escalated in recent
years, concurrent with ever - increasing demands for facilities to meet these needs. The
City staff has been reviewing the future uses of this site and your lease with the
Harbors, Beaches, and Parks Committee of the City Council in the context of the
Lincoln lease discussions with the Newport-Mesa Unified School District. It is
scheduled for discussion again at the next meeting of that Committee on
January 9, 1998. We will send you the agenda and encourage your attendance at the
meeting.
As stated, these discussions have occurred in conjunction with those on the City lease
for the gymnasium at Lincoln School and the high cost for that lease. The City is now
paying in excess of $16,000 annually for the use of the gymnasium only; the cost
increases to more than $32,000 in the year 2002, plus annual CPI increases in the
intervening years.
City Hall • 3300 Newport Boulevard • Newport Beach, California 92663 -3884
Mr. Richard Power
December 22, 1997
Page 2
The concern, of course, is to maximize the use of all City owned and leased facilities.
The City Council Committee has requested additional information from staff prior to
providing direction on the future uses of the Eastbluff Boys & Girls Club site. If you
have any questions prior to the January 9 meeting, please give me a call at (714) 644-
3000. I'll be away on vacation between Christmas and New Year's and will return on
January'5.
Sincerely,
K49J. uM r y
City Manager
cc: City Council
40
I .,e Boys & Girls Club c the Harbor Area
2131' Tustin Ave. • RO: Box 10297 • Costa Mesa, CA 92627 • (714) 642.2245 •,FAX (714)•642 -685;
0 Boys &Girls Clubs 'The Positive Place for Kids"
OFFlCERS December 1G, 1997
Loyd Wrlphl 111
Dick Rojo retired last June from the Eastbluff Club. He had 30 years of
Plmldont
dedicated service to Harbor Area youngster's. On so many occasions I heard him
Sol Woloh
161 v1e pftsldont
Dennis O'Neil
PM
PM deek
Hewitt & McGuire
VL:�ProeMenl
John Noulat
19900 MacArthur Blvd
PQQI G.r025.,
' Charlu R. Grode
Suite #105
n;W.,o
$@"my
Irvine,'CA 92715
Roy Woma
dedicated work in a time when local governments encouraged and supported
Immod'ire Pmt PmadW
positive youth development activities.
Mcherd E. Power
Dear Dennis:
Exoemt v v0dof
I guess times have really changed. For 18 months, we've waited patiently
DIAECTORS
for a renewal on our Eastbluff lease. The city,has used our Eastbluff facility for
E� 8uuc`mdg.d It's hard for me to write this letter to you. I'm finishing up my 13 years as
'"""N°n°m Executive Director with a total of 18 ears with the or
i�"°,"u�r" Y ganization. Lou Yantorn
DAM w Potry
d,. spent his 22 years growing the organization. You participated in much of that
Mw saw.ler growth Growth that has benefitted tens of thousands of harbor Area kids. I've
iron MaR
cen w Wemor spent 18 years trying to maintain and improve the legacy that Lou left tie.
PRIENOS
.n E Gumant
Dick Rojo retired last June from the Eastbluff Club. He had 30 years of
14m. T ra u
e
dedicated service to Harbor Area youngster's. On so many occasions I heard him
B rbtcch Sa ermoe
Roeert Rdggs
,tell people how rewarding it was to have his kids come back to see him at the club
John L carol
as young.squared -away adults.
lixU as
Jam" E"
James C —..
PQQI G.r025.,
' Charlu R. Grode
This organization has bccn blcbscd will► people dedicated to the healthy
Own f W000d
Roam ingofd. Jr.
development of young people. Lou, Dick, and others were fortunate to do their
dedicated work in a time when local governments encouraged and supported
Charles Mslkel
positive youth development activities.
Ro, {r{Cx.rn.
Milos moat"
M enme
I guess times have really changed. For 18 months, we've waited patiently
Oennis m+OR
Jx+ry n W rer.
JoM
for a renewal on our Eastbluff lease. The city,has used our Eastbluff facility for
pnehesd
Eugene Rhodes
men's adult basketball this summer and fall. We have cooperated with their
Daxtd Roberson
D
requests. We were told we would be reimbursed for a proportionate share of
do sooty
Oenron snarl
utilities and maintenance. It is now mid - December and no reimbursement has been
W. Rlyu,d Smut
received.
Dime seta
N. R.�l tamer
Sam Towereoy
ORANCN 01RECTOR
NxNn Aft6Q 0. LUU Yep {Wu
Caxld Rojo, Eeerolul
Eroonor 5tminy. W.,ufde
Thsrofa Craow, IMn
MEUOER
Edys d Gide Clubs WAmer✓.a
Umwd way a omrtge count'
Celebrating Over 60 Years of Service to Harbor Area Youngsters
T1F'r_1 o_�ocn nom. -,,,
Dennis O'Neil
Page -2-
RP:nc
49 c4
11
Words cannot appropriately describe my disappointment and
disenchantment with the City's handling of the Eastbluff lease. So far, from my
perspective, it's representative government at its worst. As the months go by,
elected officials stand by and do nothing to support our vital youth development
activities. I feel sorry for the young families of Newpnrt Reach. 'They're being
short changed'by a few government employees that care very little about
supporting positive after- school youth, activities.
Sincerely,
Richard Power
Executive Director
T' a Boys & Girls Club c" the Harbor Area
2131 Tustin Ave. • P.O. Box 10297 • Costa Mesa, CA 92627 • (714) 642 -2245 • FAX (714) 642 -6655
0 Boys & Girls Clubs 'The Positive Place for Kids"
OFFICERS December'1G, 1997
Loyd VhIghl III
Rmeldenl
oil avch
Dennis O'Neil
es; VW'e Preeldunl
Px Book
Hewitt & McGuire
b4 V�Fina At
19900 MacArthur Blvd
John Houlan
4easurer
Suite. #105
so «uy a°
Irvine, CA 92715
Roy Yiamer
Immaddde Fast Proadonl
Dear Dennis:
R¢eerd E. Poway
Exd d Dk"or.
aeu
DIRECTORS
'",,,in �
It's hard for me to write this letter to you. I'm finishing up my 13 years as
E 9,1
John "°' "m
Executive Director with a total of 18 with the organization. Lou Yantom
Malian
years
La
°D°`
spent his 22 years growing the organization. You participated in much of that
David N
Davy NoMndga
Mw sw
growth Growth that has benefitted tens of thousands of Harbor Area kids. I've
ldr
F+AI WnN °"
spent 18 years trying to maintain and improve the legacy that Lou left us.
la.renaewerner
Den Wmlan
FRIENDS
•nick Rojo retired last June from the Eastbluff'Club. He had, 30 years of
Raven aSlnTomalia
dedicated'service to Harbor Area youngsters. On so many occasions I heard him
AJ B8=0
Bw+er
tell people how rewarding it was to have his kids come back to see him at the club
S ude¢h
as squared -away adults.
John L.cwci
young
Liz Dada;
James Eimer
J°ma' `""
Paul
This organization has been, blcascd with people dedicated to the healthy
ss FL G
oats He cod
development of young people, Lou, Dick, and others were fortunate to do their
Eh°c JJCno o'�•J`'
dedicated work in atime when local'governments, encouraged and supported
One Tenn imdm
positive youth development activities.
CMdse Menral
Rey u�Ca,dl.
Mom 1403Dey
Dean's G°Deme
I guess times have really changed. For 18 months, we've waited patiently
Mdn Oscood O'Neil
Dmnta c'NNI
for a renewal on our Eastbluff lease. age city has used our Eastbluff facility for
JJoMYP °nrhaa'
men "s adult basketball this summer and fall. We have cooperated with their
Eugene Rhode
NQ Roberson
requests, We were told we would be reimbursed for a proportionate share of
Hall see °"
utilities and maintenance. It is now mid - December and no reimbursement has been
Bonren SmAh
WAChardsmim
received.
Dune Shun
R. ".. I Slleklor
Brian Tewersoy
BRANCH DIRECTOR
NLIan And.b.,. Lila Ya"IW°
David Rojo, Eaattld
,
Mono, Slrojny. Wmatide
Ciagher, Inana
•7hemea
MEMBER
Boys S Gills Clubs of America
Umlod way Cl Orange Counly
,
Celebrating Over 50 Years of Service to Harbor Area Youngsters
DEC -19— ?997 Pa:79 oI11gaoncr+ .. .,_
0
•
Dennis O'Neil
Page -2-
FM M,
ona
DEC -19 -1997 09 :'�P
Words cannot appropriately describe my disappointment and
disenchantment with the City's handling of the Eastbluff lease. So far, from my
parspcctivc, it's representative government at its worst. As the months go by,
elected officials stand by and do nothing to support our vital youth development
activities. I feel sorry for the young families of Newport Reach. They're being
short changed by a few government, employees that care very little about
supporting positive.after- school youth activities.
Sincerely,
Richard Power
Executive Director
71Z QaPS1+ __.
0 n,
The Boys & Girls Club of the Harbor Area
2131 Tustin Ave. • P.O. Box 10297 • Costa Mesa, CA 92627 • (714) 642 -2245 • FAX (714) 642 -8855
. Boys & Girls Clubs "The Positive Place for Kids"
October 6, 1997
Mr. Steve Hunt
S
wP P Newport Beach Recreation Department
oyd Wright
Loyd Wr
L III
Dear Mr. Hunt:
President
City of Newport Beach
President
3300 Newport Boulevard
tat iActi-
I have put together the maintenance and utility cost for the months that the
Pal Beek
Newport Beach, CA 92663
find Mce-President
figures are from our CPA's monthly Financial Statement which breaks out each
John Houton
Maintenance: 762 927 703 2452
Treasurer
Dear Mr. Hunt:
Richard Allred
Secretary
Roy Warner
I have put together the maintenance and utility cost for the months that the
Immediate Past President
city used the Eastbluff Club during the summer. The June, July, and August
Richard E. Power
Executive Director
figures are from our CPA's monthly Financial Statement which breaks out each
DIRECTORS
clubs operations costs:
Tom Baron
,
Edwin Hodges
John Hollem
Eastbluff Branch
Jeffery Matson
The 3 Utility/Maintenance is $1,611 month. Using this
Leon Napper
-month average per
David Northndge
John Petry
June Julv August Total
Mika Schaefer
edh Van Holt
awmitce Warner
an Winton
Utilities: $690 $954 $738 $2382
FRIENDS
Robert E. Badham
Maintenance: 762 927 703 2452
'Hon. Blair T. Barnette
Al Basso
Burleigh Brewer
Robert Briggs
John L. Dural
Liz Davies
$ 1452 $1881 $1501 $4834
James Elinor
James Ervin
,
Paul Gentosl
Chart8SLR. Gros
The 3 Utility/Maintenance is $1,611 month. Using this
Denni s Harwood
-month average per
Retie" Ingots, Jr.
average to project September & October Utility/Maintenance cost the total would
Edo Johnson
Bono Lawson
be $3 222 - Total Utility/Maintenance for 5 months is $8,056.
`J
Tom Lle
s
Chance Ma
Ma rkel
Roy
RM
Ray McCardle
Mike McKinley
Dennis
I estimated your proportional use at 15% of the total time used, Therefore,
Osborne
Mail
Denniisssaftl
the Utility/Maintenance total for city use is 15% of $8,056 or $1,208.
Jerry PalanJian
John Pitchess
Eugene Rhodes
David
I also calculated our Gym Floor refinish at $1,800 (work performed
RobBerson erson
Dan S. Rogers
Hall Sealy
annually in November divided b 12 months equals $150 per month. Five
Y ) Y q P
chadw FrSmith
months @ $150 per month equals $750 and 15% of that is'$11100: Add this to
Dne Hallowetll Stickler
the $1,208 and the total owed, for the city use is'$1,321.
Brian Towersay
BRANCH DIRECTOR
Harlan Andorsen, Lou Yantom
us tin Heredia, Eastbluff
�eanor Slrolny. Weslside
hareas Cntcher.]rune
MEMBER
Boys & Girls Clubs of America
United Way of Orange County
Celebrating Over 50 Years of Service to Harbor Area Youngsters
Mr. Steve Hunt
Page -2-
As I mentioned to you on the telephone, I would suggest in the future we
work on an hourly rate. Total hours used Summer and Fall is 152 hours.
Summer 88 hours
Fall 64 hours
Total 152 hours
Dividing the cost of $1,321 by 152 hours gives us average hourly cost for
Utility/Maintenance. That average is $9.00 per hour of use.
Please consider this letter as your invoice for Utility/Maintenance
proportional use cost - ($1,321). In the future, I recommend we use $9.00 per
hour as a sound average for utility and maintenance. Anything that comes up as a
special maintenance charge will be billed in addition to the average $9.00 per
hour charge.
Should you have any questions regarding this letter invoice, please give
me a call at 642 -2245.
•
RP:nc
many
•
Sincerely,
7
Richard Power
Executive Director
J
•
600
"4-f-e
2 _ q .r4-,_q
L S A S
(BOYS' CLUB)
Eastbluff Park
THIS LEASE, made and entered into this 3o n• /.day of
5 _ a7't4A4Xw , 1971, by and between the CITY OF NEWPORT BEACH, a
6 chartered municipal corporation, hereinafter referred to as
n "Lessor," and the BOYS' CLUB OF THE HARBOR AREA, a California non -
8 profit corporation, hereinafter referred to as "Lessee ";
iO R S C Z T A L S
3.1 A. The City of Newport Beach holds title to the Eastbluff
12 Park under a grant deed from The Irvine company dated May 7, 1965,
13 and recorded May 17, 1965 as Document 11760 in Book 7522,,pages
14 161-166, inclusive, Official Records of orange County. A copy o£
15 said deed, designated Exhibit "A ", is attached hereto and is incoc-
16 ,porated herein by'reference.
17 B. Lessee is a non - profit corporation organized under.
1Z� Title 12, Part h, Division 1 of the Civil Code of the State of
19 California, for the
Principal purpose of constructing, operating
20 and maintaining recreational renters for boys.
21 C. Lessee has requested that Lessor enter into a .lease
22 with Lessee for a site to be used for the construction of a
23 recreation center in Eastbluff. Park, in the location shown on the
24 drawing which is designated Exhibit "B ", attached iterate and
26 incorporated herein by reference.
28 D. Lessor proposes to lease to Lessee the premises here -
2'J' inafter described, and Lessee is willing to accept said lease on
28 the terms and conditions hereinafter set forth and agrees to
29 construct a recreation building on said site and to operate said
3O building in accordance with the terms and conditions of this lease.'
31 E. It is the intention of Lessee to develop an athletic
32 and educational program which among other things will train boys in
0
•
'1
such subjects as handicrafts, citizenship, sports and sportsmanshi
The facilities to be constructed on the site will be available to
boys regardless of their place of residence. In addition, recog-
d,, nized church, civic and youth groups will be allowed to use the
5 facilities when they are not in use by members of the Boys' Club i
6 accordance with rules and regulations which have been approved by
'r the City Manager.
n, F. Lessee is willing to accept a lease of said premises
9 and is willing to construct and maintain said recreational buildinc
:.0 and to furnish the necessary trained personnel to operate the
11 facility;
13 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAh COVENANTS
14 hereinafter set forth, it is agreed as follows:
15 2, 1ESCRDPT20N OE`LEASED PREMISES
16 Lessor hereby leases, and Lessee doer hereby
17 accept a lease of thr, property hereinafter described as shown on
18 Exhibit "B ":
1g That portion of Block 52 of Irvine's Subdivision in
?0 the City of Newport Beach, County of Orange, State
Of California, as per map recorded in hook 7., page 88
Of Miscellaneous Record Maps in the office of the
21 County Recorder of said County, described as follows:
22 BEGINNING at the intersection of the center line of
23 Vista del Oro (60 feet wide) with t}ae center line of
Vista del Sol (130 feet wide), as said intersection is
?4 shown on a map of Tract No. 5463 recorded in Book 195,
Pages 41 to 44 inclusive of Miscellaneous Maps, Records
of said County; thence North 25 °47'00" East 100.00 feet
along said center line of Vista del Oro to the
26 beginning of a curve concave westerly having a radius
of 430.00 feet; thence northeasterly, northerly, and
P. northwesterly 346.40 feet along said curve through an
angle of 46009122't to a point on, said center litie of
Pa Vista del Oro; thence South 69 037'38" West 30.00 feet
to a point in the westerly line of said Vista del Oro,
25 said last mentioned point being the True Point of
Beginning; thence South 61 °01155" West 163.50 feet;
30 thence South 28 058105" East 123.50 feet; thence
North 61 101155" East 123.53 feet morc'or less to a
31 point in the said westerly- .line of Vista del, Oro;
thence northerly and northwesterly 130.38 feet more
32 or less along said westerly line of Vista del Oro aloncj
a curve concave westerly having a radius of 400.00 feet'
to the true point of beginning.
-2-
,
-3-, `'.
�• PI. TERM
2 The term Of this Lease shall be for a period of
3 twenty -five (25) years, commencing on the 30th day of June
4 1971, unless sooner terminated in the manner hor,cinafter provided.
5 In approving this Lease, the City'Council takes note of the fact
6 that Section 420 of the City Charter limits any lease of City
property to a maximum term of 25 years without a vote of the
peopl
8 approving a longer term. It is
contemplated that at the end of th
initial 25 -year term of this Lease the lessee will seek
renewal of
10 the Lease. It is the understanding of the city council
that the
.11 City Council in office at the end of the initial term of this Lras:
12 will give every consideration to a request by the Lessee for
an
23 extension Of the term of the Lease.
3.4 II2. CONSTRUCTION OF DUILDING
15
Lessee shall, within twenty -four (24) months ,from
16
the date of ovecution of this Lease, commence
the construction or
17
suitable building upon the premises above described, in
accordance
18 with specifications which have been
approved by the City Council,
19
and shall diligently prosecute the same to completion. In the
event
G0 that unforeseen contingencies arise, causing any
delay in
21
construction, it is agreed that said 24-month period may be
27 extended
a reasonable period of time, depending upon the nature and length
of
23 the delay so caused. Lessee shall reimburse Lessor for any damage
ga done to landscaping and other improvements
on the site which may
2E
occur as a result of the construction and use of tha building and
26 'other facilities b
• y Lessee.
27 IV. RPNPAL •
28 Lessee shall pay to Lessor,. and Lessor shall accept
2$ as rental for said demised premises and'any facilities
constructed
30 thereon,
the sum of One Dollar ($1.,00) per year.'
31 V. USE
.
32 Lessee shall use the demised premises, together
-3-, `'.
0
•
I with the building and facilities located thereon, for the purpose
2 of managing, operating and conducting a boys' club facility for
3 purpose of instructing boys and young men in athletics, handicraft
4 and sportsmanship. In carrying out the foregoing duties and
responsibilities, Lessee shall at all times be subject to tho powc
6 of supervision and control retained by Lessor•ander the provisions
7 of ,Paragraph IX hereof. In and as a part of its duties in managin
0 and operating said boys' club facility, Lessee shall not discrimi-
nate as to race, ,color, or creed, subject to the normal rules and
10 'operating procedures of the Boys' Club.
11, VI. USE AS ,,A COMMUNI'Y CENTER BY OTHER OROANIZATIO_NS
12 When the premises and ,building are not in use by
13 the Lessee, the premises and building shall be available for use a:
14 a community center by the City Parks, Beaches and Recreation
3.5 Department on a first- priority basis, and by recognized church,
16 social, cultural, civic and youth roues in a
9 1 ccordance with z•uazon -•
17 able rules and regulation:; to be csLelblishcd by hr_;;u wi,Lh Phc
18 approval of the City Manager. Lcssoe is authorized to charge a
X9 reasonable fee to cover. maintenance costs to groups and organiza-
n Lions, other than the cit y for the use of the
, premises and
21 building. ,
Until construction of the Boys' Club building is
23 ready to commence, the public shall continue to have the right to
,4 enter upon and use the subject portion of Eastbluff Park, and the
2$ City shall have the right to enter upon,and maintain said property.
26 VII. TIME OF OPERATIONS
27 Lessee shall keep the demised premises open for use
28 ,during such periods of time as may be mutually agreed upon by
29 .Lessee and the City Manager, and shall not•close said premises from
30 use or alter the type of services provided or facilities offered,
31 without first obtaining the approval of said City Manager.
32 // // //
•
•
.� VIII. •BUSINESS ACTIVITIES
2 Lessee shall not grant any concession, license,
3 permit or privilege for the conduct of any busi.noss Or other
Operation for profit on the demised premises without- the prior
5 approval of the City Manager.
1•X. SUPERV1 ORX CONTROL
n
Lessor retains the power to exercisO supervisory
8 control over the use and operation of the ].eased preni.ses by LenSE
9 with the right to enforce such rules, regulations and orders as m:.
10 be necessary in order to obtain compliance by Lesson with the tern
22 and conditions of Paragraphs VT and VII hereof. Lessee agrees to
12 comply, subject to the provisions of Paragraph XVI1, with any such
1.3, rules, regulations or orders. Any breach by Lessee of the terms
14' and conditions of this paragraph, or. Par.tgraphs VI and V17, may bu
1.5 treated by Lessor as a breach of condition, breach of covenant, or
13 both, and shall constitute grounds for termination or thi.s
�7 lC. UT__C I,t1�IES ANn_TAri!_S
Z8 Lessee shall. promptly pay for all utility servi.c",
x: > furnished to it and Shall pay before delinquent any general and
•20 specinl taxes or assessments or other governmental charges, if Illy,
...21 which* may be levied on the demised premises or furnishings therein,
PP or improvements thereon, or any interest inteest therein arising
,73 out of or based upon the leasehold interest throughout the term
�= hereof, or may be imposed upon Lessee as a result of its operations,
under the Lease. .Satisfactory evidence of sue
h.Paymentssha1Q be
86 delivered to Lessor upon demand therefor.
27 XI. RELOCATION OF EXISTING FACILITIES
28 Lessee shall be responsible for all costs of
29 relocating existing City -owned facilities, including sprinkling
30 system and playground equipment.
31 XII. INSURANCE•'. HOLD HARMLESS
32 Lessee shall save and keep Lesso::, its officers,
0
1 agents and employees free and harmless from any and all claims or
2 .demands of any name or nature whatsoever arising out of, or inciden
3 to, the use and occupancy of the Premises herein described by Lesse
4 in partial performance of this obl.i.iat:ion by Lessee, Lessee shall
6 procure and at all times during the term of thin Lease maintain in
6 full force and effect a policy, or policies, of public liability an(
n property damage insurance
protecting the City of Newport Beach, its
8 'officers, agents and employees from all claims or demands for
9 damages. The policy, or policies, shall provide for not less than
10 Two Hundred Thousand Dollars ($200,000.00) for injury or death of
11 one person; Five Hundred Thousand Dollars
($500,000.00) for injury
12 or death of two or more persons;and P'ifty Thousand Doliars
13 ($50,000.00) for damages 1:0 property. The City Manager may require
14 an increase in the amount of insurance from time to time in
111t accordance with changes in economic condiL•ions. Attached to said
16 policy shall be an endorsement which shall providc as foll.owr
:�7
"Within the limits set forth in this policy, to
18 indemnify and save the City of Newport Beach, Ltr, Officers,
2.9 agents and employees, free and harmless from all damage,
?0 claim, loss or liability of any name or nature whatsoever
21. which the City of Newport Beach, its officers, agents or
22 employees may hereafter sustain or incur, or may be imposed
$3 , upon them, arising out of, or in any way connected with, the
24 use Or occupancy 'by tiro ins+rred, its servants, agents and
2B employees, of the premises described in a lease granted to
26 insured by the City of Newport Beach."
27 Lessee shall furnish, and maintain with the Lessor,
28 either the original policy, Or policies, or a certified copy, or
?.9 copies, thereof. The policy, or policies, shall be approved as to
30 sufficiency by the City Managbr and as to form by tlu+ City Attorney.
37 XIII. LIENS AND CLAIMS
u2 A., Lessee shall not• suffer or permit to be
me
0
-7-
1
enforced ag ;inst•thc leased land, or any part thoreof, any mechanic
2
materialmen's, contractors' or subcontractors' lions arising from,
3
or any claim for damage growing Out of, the work of any constructic
4
repair„ restoration, replacement or improvement, or any other Blain
5
or demand howsoever the same may arise, but Lessee shall pay or
6
cause to be paid all of said liens, claims or demands before any
7
action is brought to enforce the same against said land, and Lessee
8
agrees to indemnify and hold Lessor and said land free and harmless
g
from all liability for any and all such liens, claims and demands,
'10
together with reasonable attorney's fees and all costs and
expenses
11
in connection therewith. Notwithstanding anything to the contrary
1?
hereinabove contained in this paragraph 111, if Lessee shall in
13
goo+
faith contest the validity of any such lien, claim ox demand, then
1A=
Lessee shall, at its expense, defend itself and Lessor against tiie
15
same and shall pay and satisfy any adverse judgment that be
16
may
•
rendered thereon before the enforcement thereof tcyaiust Lessor ur
17
the leased land, upon tale condition that if Lessor shall - rocluire,
18
,Lessee shall furnish to Lessor a surety bond satisfactory to Lessor
19
in an amount equal to such contested lien, claim or demand, •
20
indemnifying. Lessor against liability for the same, and holding the
21
leased land free from the effect of such lien or claim, or if the
22
Lessor shall request, Lessee shall procure and record the bond
2u
provided for in Section 1193.2 of the California Code_ of Civil
`n4
Procedure, or any comparable statute hereafter enacted providing
„5
"
for a bond freeing the leased land from the effect of such lien
26
or
claim, or action thereon.
"'7
B. Before the commencement of any work of
?.8
construction of any building, structure or other improvement
on the
29
leased land, or of any substantial repairs, alterations, additions,
30
replacement or restoration in and about said'promi.ses
as herein
37
provided, Lessee shall give to Lessor written notice thereof,
u2
specifying the nature and location of the intended work and the
-7-
0
0
E
•
1 expected date of.. commencc,ment thereof. At the xequast of Lessor,
2 Lessee shall, prior to the commencement of any such work, deposit
3 with Lessor a'certificate'or other evidence satisfactory to Lessor
q that Lessee has furnished a bond, or that 1assee's building
8 contractor, if any, has furnished a bond in favor of Lessor, with
6 surety approved by Lessor, guaranteeing the completion of said work
S' free and clear of all subcontractors', mechanics' and matarialmen';
II liens. Lessor reserves the right at any time and from time to tiauc
••g to post and maintain on said land such notices' as may be nocassary
10 to protect Lessor against .liability for 113. such liens and claims.
11 XIV. MAINTENWCE Or LANDSCAPING AND IMPROVEbigjk S
12 A. Lessee to Iaintain A7.1 Landa'cap lnq, Aui1 d_incL
13. and Improvements
14 Lessee covenants arid agrees that during the torr
15 of this Lease it will, at its own cost and expense, maintain Hic
16 grounds, landscaping,. and all buildings, and any other improvomcrlts
17 of any kind or riaturu construet:ed or ina,talled on Uiio leased premise
18 by the Lessee, at a high standard of maintenance and repair.
1n Maintenance shall include
painting. Lessee ' covenants and agrees
20 that the westerly ten (10) fact, the southerlY ten (10) feet, and
21
the northerly five (5) fee*_ Of said property as described in
22 Paragraph I hereinabove will be used solely and exclusively for
23 pedestrian walks and landscaping.
24 Lessee agrees to submit a landsca P• in
9 Plan
2& which shall be subject to approval by the Parks, Beaches and.
26 Recreation Director and the Community Development Director, or their
27 designated representatives. Lessee shall install and maintain
28 landscaping on the premises in accordance with the approved plan.
29 The entire premises, including the building, shall be maintained in
00 a neat and orderly condition.
31 /� •
32 // •
0
•
A. Lessor Map Elect to Repair and Maintain at
211 Expense of Iessee
If, in the judgment of the Lessor, such
4. standards of maintenance and repair are not being maintained, it
5 may at its option, after written notice thereof to the Lessee and
6 Lessee's failure to commence in good faith to remedy the same with:
the time herein provided and thereafter diligently prosecute the
8 same to completion, elect to correct any deficiency, whether it be
9 in reference to grounds, landscaping, building or improvements.
10 Lessee covenants and agrees to pay to the Lessor on demand any and
11 all sums expended by it in correcting any such deficiency together
12 with an equal sum as liquidated damages by reason of Lessee's
13 failure to perform and keep this covenant. If, in the judgment
14 of the Lessor, the disrepair or lack of maintenance constitutes an
15 emergency, the notice herein provided shall be a 24 -hour notice to
16 remedy, in all other cases it- shall•bc n 5 -cla
y notice.
17
C. Lessor's Right of Inspection
18 Lessor reserves the right by its authorized
3.9 agents, employees or representatives to enter the leased premises
20 to inspect the same or any part thereof at any time and to attend
21 to or protect the Lessor's interest under this Lease'.
22 D. Com li.ance with Laws. Ordinances and
?.3 _Regulations
24 Lessee covenants and agrees to comply with all
25 rules„ regulations, statutes, ordinances and laws of the State of
26 California, County of Orange, the City of Newport Beach, or any
27 other governmental body or agency having lawful jurisdiction over
28 the'leased premises or the business, enterprises, or activities
29 conducted thereon.
30 XV. PARKING
31 Lessee shall improve and maintain not less than
32 thirteen (13) Off- street parking spaces on or. immediately adjacent
-9-
0
E
•
`"IIB. Lessor Dlay Elect to Repair and Maintain at
Expense of Lessee
If, in the judgment of the Lessor, such
4 standards of maintenance and repair are not being maintained, it
5 may at its option, after written notice thereof to the. Lessee and
6 Lessee's failure to commence in good faith to remedy the same withi
7 the time herein provided and thereafter diligently prosecute the
8 same to completion, elect to correct any deficiency, whether it be
9 in reference to grounds, landscaping, building or improvements.
30 Lessee covenants and agrees to pay to the Lessor on demand any and
3.2 all sums expended by it in correcting any such deficiency together
12 with an equal sum as liquidated damages by reason of Lessee's
33 failure to perform and keep this covenant. If, in the judgment
14 of the Lessor, the disrepair or lack of maintenance constitutes an
15 emergency, the notice herein provided shall be. a 24 -}lour notice to
1.6 remedy; in all other cases
it :;hall be a 5-day notic:c:.
17
C. Lessor 'o t23 cfht of Insperti:o1i
18 Lessor reserves the right�by its authorized
].9 agents, employees or representatives to enter the leased premise::
20 to inspect the same or any part L•horcof at any time and to attend
21 to or protect the Lessor's interest under this Lease-..
22 D. Compliance with Laws, Ordinances and
23 Regulations
24 Lessee covenants and agrees 'to comply with all
25 rules, regulations, statutes, ordinances and laws of the State of
26 California, County of Orange, the City of Newport Beach, or any
27 other governmental body or agency, having lawful jurisdiction over
28 the'leased premises or the business, enterprises, or activities
29, conducted thereon.
30' Xv. PARKING '
31 Lessee shall improve and maintain not less than
32 thirteen (13) off- street parking spaces on or immediately adjacent
-9-
0
0
•
1 to the leasehold site, as approved by Lessor. Said parking spaces
2 shall be intended primarily for use in connection with operation o
3 the Boys' Club, but shall also be available for use by the general
4 public. Said off - street parking spaces need not be located upon t'
b leasehold site; however, Lessee shall be responsible for installa-
6' tion and maintenance of all landscaping between the off-street''
parking area and the Boys' Club building.
8 Compliance with the foregoing off- street parking
9, provision shall be delayed for a period not to exceed three-(3)
10 years from the date of execution of this Lease, at which time Lessc
11 shall have the right to request a further extension, subject to
72 review and approval by the Planning Commission.
13 XVI. ASSIGNMENT
14 Lessee shall not assign, transfer, sublease or give
15 any grant of control of this Lease or demised promises, or any part
16 thereof, either voluntarily or involuntarily, unless first approved
17 by the City Council.
18 XVII. NON- COI•iPLIANCE
79 If the Lessee fails to comply with any Of the terms
20 and conditions of this Lease, the Lessor may give to the Lessee a
21 notice in writing of such failure and specify therein the particular
22 in which Lessee has failed to comply with the provisions of this
23 Lease. If the Lessee fails for a•period of sixty (E O) days after
24 the giving of such notice to Comply with the provisions of this
wb Lease, the Lessor may, at its option, terminate this Lease, and, all
26 rights of the Lessee therein shall cease and terminate and•the
27 Lessee shall immediately thereafter deliver possession of the
28 premises to the Lessor.
29 XVIII. RESTORATION
30 A. If during the term hereof any building or
31 improvement erected by Lessee on the leased land, or any part
32 thereof, shall be damaged or destroyed by fire or other casualty,
-10-
r�
U
•
n
1
2
3
4
J
G
7
9
10
11
16
17
18
is?
20
?..1.
22
23
26
26
28
2s
30
31
32
Lessee shall, at its cost and expense, repair or rostore the came
according to the original plans thereof; or, at Lessee's option,
Lessee may elect to replace such. building or improvement, provided
that if Lessee so elects, Lessee shall obtain the approval of
Lessor of the proposed architectural plans. Any such work oE'
repair, restoration or replacement shall be commenced within
one hundred and eighty (180) days after the damage or loss occurs
and shall be completed with due diligence, but not longer than
one (1)• year after, such work is commenced unless delay is caused
by events beyond the control of Lessee. If Lessee does not wish to
repair or rebuild the improvements, it may terminate this Lease by
giving Lessor written notice of termination, and if Lessee chooses
to terminate the Lease it shall be obligated to completely clear
and restore the building site to its original condition.
XIX. SURRENDER OP PREMISES UPON FXPIRATJ.Oid OR
TERMINATION
Upon the expiration of tho term of this Lease or
sooner termination thereof as herein provided, Lessee shall deliver
possession of said demised premises to Lessor in the same condition
as delivered to Lessee, reasonable wear and tear excepted, and
also excepting any changes or alterations authorized or approved in
writing by the City Manager or City Council. Upon the expiration o
termination of this Lease, any additions or improvements made upon
the demised premises shall become the property of the Lessor unless
removed in their entirety by Lessee within ninety (90) days of said
expiration or termination.
'XX. .DEFAULT AND TERMINATION OF LEASE
A. Default
Time and each of the .terms, covenants and
conditions hereof are expressly made the essence of this Lease.
If the Lessee shall fail to comply with any of the
terms, covenants,.or conditions of this Lease, including the
•
•
,1 payment of rental herein reserved, at the time and in the amount
2 herein required, 'arid shall fail to remedy such default within
3 thirty (30) days after service of a written notice from Lessor. so
4 to do if the default may be cured by the payment of money, or to
5 commence in good faith to remedy any other default within thirty
6 (30) days and thereafter diligently prosecute the same to ccmpletic
n or if Lessee shall abandon or vacate the leased premises, Lessor
S may, at its optiorl, and without further notice or demand, terminate
9 \this Lease and enter upon the leased premises and take possession
'-0 thereof, and remove any and all persons therefrom with'or without
•1 process of law.
13
14
15
16
17
19
20
21
22
24
26
26
27
28
29
31
32
B. Surrender of Possessi.en upon Termination
Lessee covenants and agrees that upon the
expiration or sooner termination of this Lease, the Lessee will
peaceably surrender the leased premises with all buildings and
improvements, in-the same condition as when received or constructed
reasonable use and wear thereof, and damage by fire, Act of God,
or by the elements excepted. Any improvements built, constructed
or placed upon the leased premises by the Lessee„ or anyone holding
by, under, or through it, shall remain on the leased premises and
I
become the property of the Lessor without any cost to Lesser upon
the termination of this Lease, whether by lapse of time or by reaso
of'default, unless the Lessee elects to remove said improvements
within sixty (60) days following said expiration or terminat-i.on.
C. Remedies Cumulative
The rights, powers, elections and remedies of
the Lessor contained in this Lease shall be construed as cumulative
and no one of them shall be considered exclusive of the other or
exclusive of any rights or remedies allowed by Taw, and the
exercise�of one or more rights, ,powers, elections or remedies 'shall
not impair or be deemed a waiver of Lessor's right to exercise any
other.
-12-
•
1
•ID. No Waiv„e_r.
2
No delay Or omission Of the Lessor to a; ;excise
3
any right or poker arising from,any omission, neglect or default
o
the Lessee shall impair any such right or power or shall bo.
5
construed as a waiver of any such omission, neglect or default
6
on
the part of the Lessee or any acquiescence therein.
tr
'
No waiver of any breabli of any of the terms,
8
covenants, agreements, restrictions or conditions of this Lease
shall be construed as a waiver of any succeeding breach of the
9.0
same
or of any of the terms, covenants, agreements, restrictions or
2-1
conditions of this Lease. ,
12
N. Holding Over
13
It i.s mutually agreed that if the Lessee b11a41
14
hold over after the expiration of this Lease - forrn•y
1G
cause, such
holding over shall be deemecl a tenancy from month to month only,
•
16
17
and upon the same terms, conditions and provisions of this Letitia.
XXI. NOTICES
•18 It is mutually agreed that any notice or notices
19 provided for by this Lease or by law, to be
given or served upon
20 the Lessee, may be given or served by mail, registered or
21 certified, with postage prepaid, and if intended for the City of
22 Newport Beach, addressed to the City Manager., Newport Boach,
23 California 92660, or at such other address as may be hereafter
24 furnished to the Lessee in writing, and if intended for Lho Lessee,
2r, addressed to its Director, at: 2131 Tustin Avenue, CosL•a. .Mesa,
r °6 California, or at such other address as may be hereafter furnished
27 to the Lessor in writing; or it may be served personally upau
any
25
corporate officer of Lessee or person charged with
9� general
manage -
��� •ntent
responsibilities in connection with the leased premises; and
30 that any notice or notices provided by this Lease or by law to be
31 served upon Lessor may be served personally upon the Mayor of the
32 City of Newport Beach or the City Clerk of said City. Such service
_13_
0
40
1 shall be deemed• complete at the er:inration of forty•- ciCjIlL (46) h :::
2 from and after the deposit in the United States snail of su_h nazi; .
g demand or coaununication.
5 IN WITNESS WHEREOF, the partiic:: ):e +•etc have a>:eca rrtl 01
6 Lease as of the day and year first above written.
n
9
10
11
12
Z6
17
1e
19
I
20
21
22
2.g
26
27
2S
5o
0
CITY OFF NEWPORT BEE^A- C�ti�! /Pd
Mayor
.ATTEST:
City Clerk ';/ -
LESSOR
BOYS' CLUB Or THE HARBOR Al2EA
Titre:—. —
'7
Tit2�: �•�i =t= - --
LESSEE
• ::rz • 3211 -14-
j71
AMENDMENT TO LEASE
(BOYS'CLUB)
Eastbluff Park
THIS AMENDMENT OF LEASE is made and entered into
this 171,,v day of nFC,9_,Vel-- R , 1973, by and between
the CITY OF NLWPORT BEACH, a chartered municipal corporation,
hereinafter referred to as "Lessor," and the BOYS" CLUB OF
THE HARBOR AREA, a California non - profit corporation, herein-
after referred to as "Lessee ";
WHEREAS, Lessor and Lessee have heretofore entered
into a lease agreement dated June 30, 1971 for a site to be
used for the construction of a Boys' Club facility and
recreation center located in Eastbluff Park, title to which
is in lessor; and
• WHEREAS, the parties to the aforesaid lease wish to
amend said lease to increase the site area to allow for the
construction of a full size gymnasium,, as hereinafter set
forth below;
U
NOW, THEREFORE, the parties agree that paragraph I
commencing on line 15 of page 2 of said lease, is hereby
amended to read as follows:
I. DESCRIPTION OF LEASED PREMISES
Lessor hereby leases, and Lessee does hereby
accept a lease of the property hereinafter described as shown
on Exhibit "B ": ••
Being all of Parcel 1 as shown on a map filed in
Book 36, page 9 of Parcel Maps, in the office of
the County Recorder of Orange County, California
and a portion of Block 52 of Irvine "s Subdivision
as shown on a map recorded in Book 1, page 88 of
Miscellaneous Record 'Maps, records of said Orange
County, more particularly described as follows:
-1-
L�
E
BEGINNING at the most northerly corner of said
Parcel 1, said corner being in a curve in the
centerline of Vista del Oro as shown on said Parcel
Map, concave westerly and having a radius of 430.00
feet, a radial from said corner bears South 69°
37' 38" West; thence along the, northwesterly and
southwesterly line of said Parcel 1 the following
courses: South 690 37' 38" West, 30.00 feet;
thence South 610 O1' 55" West, 163.50 feet; thence
South 280 58' 05" East, 55.50 feet; thence leaving
said southwesterly line, South 610 01' 55" West,
36.67 feet; thence South 280 58' 05" East, 76.00
feet; thence North 610 Oil 55" East, 155.96 feet
to a point, said point being 30.00 feet westerly of
the centerline of Vista del Oro as -shown on said
Parcel Map, a radial from said point bears South
890 36' 00" West; thence radially North 890'361 00"
East, 30.00 feet to said centerline; thence along
said centerline and said curve, 149.89 feet through
a central angle of 190 58' 22" to the POINT OF
BEGINNING.
CONTAINING: 0.603 acres, more or less, gross.
0.504 acres, more or less, net.
IN WITNESS WHEREOF, the parties hereto have executed
this Amendment to Lease-as of the day and year first above
written.
OF NEWPORT BEACH
AN ROVCD AS TO FORM
AT 11011CY
r
PRIOR
ATTEST:
ity ClerK
LESSOR
BOYS' CLUB�OF THE HARBOR AREA
By:
Title• oEvt
-2-
�P t`lec�C'i�E'r�/� -�'�
LESSEE
r1,
i J
7
Q
Cl
C
O
rn
•
V
D
RT
Z
Fq
O
n
T
J
{
'V' b
N s
� O
rt
O
II °-
41 11
r
SEgVtCG
�r
s
w
r
m
P
n
i
a
a
1s
a
0
a
D
S
-nnL m
L
I z
A
s
a
r
n O
I�
;m r
0 J O
T¶
ti
n r
E v
a
m �
s
0
a
H
a
L
a 3
3
.m
O=
0
0
P
a
ra
I"
._ o
im
A
a
Cp
r-
c
C
r .
� J
�
n v
i
J
{
'V' b
N s
� O
rt
O
II °-
41 11
r
SEgVtCG
�r
s
w
r
m
P
n
i
a
a
1s
a
0
a
D
S
-nnL m
L
I z
A
s
a
r
n O
I�
;m r
0 J O
T¶
ti
n r
E v
a
m �
s
0
a
H
a
L
a 3
3
.m
O=
0
0
P
a
ra
I"
._ o
im
0
Agenda Item No.J - -�
March 3, 1998
To: Parks, Beaches and Recreation Commission
From:- General Services Director
Subject: Inspiration Point Handrail
Recommendation
To approve the color, black, of the newly constructed handrail at Inspiration
Point.
Discussion
The Commission, at the September 2, 1997 meeting, approved the installation
of a bronze colored handrail for the walkway at Inspiration Point that leads
from the upper observation area to the beach.
Staff contracted for the work to be done with bronze color handrail at a cost of
$10,571. The contractor inadvertently installed a black handrail. The
contractor is willing to give a $3,325 credit in restitution to be used in replacing
fencing at the top of Inspiration Point as well as funding a,safety fence along
the Ocean Boulevard walkway east of Inspiration Point. Staff feels that this
solution is acceptable since the black color will eventually fade and there have
not been any complaints from the public. Staff will present photographs of the
area at the Commission meeting.
A copy of this correspondence has been forwarded to the City Arts
Commission.
Very respectfully,
David E. Nied'erhaus
DEN/MGL/pw
0
To: Parks, Beaches and Recreation Commission
From: General Services Director
Subject: Fence for Ocean Boulevard
Agenda Item No.V =1 D
March 3,1998
Recommendation
To approve the installation of a0 foot fence along the sidewalk and adjacent
to the bluff east of Inspiration Point.
Discussion
Staff received a request from the Lauren Farley, the City's Risk Manager to
install a fence along the sidewalk east of Inspiration Point to reduce any
potential liability to the City. A representative of the Corona del Mar
Residents Association had conveyed to Ms. Farley that an elderly woman had
recently fallen on the sidewalk at the site and almost went over the
embankment. The Association feels that a potential hazard exists at this
location.
The fence that is proposed would be similar to the fence at Inspiration Point
with posts approximately 42" high with two strands of cable. The cost of the
fence is estimated at $1550. Staff will present photographs of the area at the
Commission meeting. The project will be funded from the Park Improvement
Program.
Corona del Mar Resident's Association President Phil Sansone, the adjacent
neighbors, and Ms. Farley will receive a copy of this report and a notice of the
March 3 Commission meeting.
Very respectfully,
r -�' g^�- ..-,•- Jam-'= '�'-�`.,�
David E. Niederhaus
DEN/MGL/pw
I
0
Agenda Item No. (j- I t�
March 3, 1998
To: Parks, Beaches and Recreation Commission
From: General Services Director
Subject: Inspiration Point Landscaping
Recommendation
To approve the planting of California native plants that will attain a maximum
height of two feet at Inspiration Point.
Discussion
Staff received the attached correspondence from Mr. Bruce Colbert requesting
that the re- landscaping of Inspiration Point be presented again to the
Commission to clarify the issue of plant height. Mr. Colbert states in his letter
that he and residents requested, at the January 6, 1998 Commission meeting,
that the new plants attain a maximum height of one foot, so as not to impede
views.
The selection of California plants that have been ordered by staff are expected
to attain a height of between one to two feet in about two years based on the
existing seacoast conditions. These plants offer a variety of flower color and
growth habit to achieve an attractive, functional, and low maintenance
landscape. Additionally, the one to, two foot height of these plants will
discourage access to the bluff by the public. Staff is currently exploring
available substitute plants with the - California native plant nursery that would
only attain a height of one foot, however these plants may not be available nor
may the plants flourish in the ocean front environment.
Mr. Colbert and the adjacent neighbors will receive a copy of this report and a
notice of the March 3 Commission meeting.
Very respectfully,
David E. Niederhaus
DEN/MGIJpw
• Attachment
• Bruce Colbert
423 1/2 Iris Avenue
Corona del Mar, CA 92625
February 16, 1998
Mr. David E. Niederhaus
General Services Director
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Niederhaus:
RECEIVED
FEB 19 1998
GS PARKSI' '.j c,
Thank you for your letter of February 12, 1998 regarding the landscaping at Inspiration Point.
It appears that the landscaping being ordered for Inspiration Point is not what was agreed on at
the January 6, 1998 Parks, Beaches and Recreation Commission meeting and is not what
residents in Corona del Mar have requested. I am requesting that the ocean bluff re- landscaping
issue be placed on the Agenda of the next Commission meeting so that we might revisit the topic
Is and find' a workable planting approach.
Issues that should be addressed are:
• Plant height - At a November 19, 1997 meeting with Marci Lomeli and Randy
Kearns at Inspiration Point, we agreed that two -foot high plants would' still
obstruct views and agreed to plant vegetation that would be no higher than one -
foot. For perspective, at a February 4, 1998 meeting with Greg Lewis and
resident Helen Anderson, we measured a two -foot height on the existing fence
and found it to be halfway between the two cables. Residents have asked that
vegetation be no higher than the railroad ties, which is less than one -foot in'
height. For people looking down at the beach, two -foot 'high plants create
significant obstructions.
• Safety - While it was agreed at the January 6th Commission meeting that a fence
would be needed as prudent to reduce risk, the type of fence that was agreed to
was• to be as unobtrusive as possible. To keep the issue of risk in perspective,
according to City staff, the plants on order for Inspiration Point were'selected for
their ability to keep people from walking down all sides of' the bluff as a shortcut
to the beach. Furthermore, the slopes below Inspiration Point were recommended
for hydroseeding to control erosion. Using plants to discourage foot traffic
appears to be discretionary, and should at least meet the goal that started the
whole re- landscaping issue, that goal being the restoration of scenic views from
. the ,parks.
Mr. David E. Niederhaus
• February 16, 1998
Page 2
Maintenance - Your February 12th letter assures that staff will monitor the
progress of plant growth and maintenance. At the January 6th Commission
meeting, it was agreed that the plants selected not require constant trimming,
maintenance, and attention, stressing the need to get the re- landscaping right the
first time. Expensive maintenance could be avoided through proper selection of
plants. There are many landscape architects, horticulturalists, botanists, and
nursery specialists in Orange County that could recommend specific native plants
lower than one -foot that could grow on the site.
Adjustment of Plant Order - The plants on order that are higher than one -foot
simply should be replaced with lower - growing plants. If agreement on a planting
approach is reached at the March 3, 3998 Commission meeting, the Department
ought to complete its re- landscaping work by ordering additional plants to replace
vegetation that requires constant trimming and maintenance at Little Corona and
at Lookout Point. Since the landscaping order for Inspiration Point costs only
$500, spending $1,500 to complete the restoration of the parks does not appear
excessive.
I would appreciate your bringing to the March 3; 3998 Commission meeting the photographs
that I provided, which show the landscaping at the ocean bluff parks, together with copies of my
letters regarding,this matter.
Sincerely,
a4'e
Bruce Colbert
BC /jf
•
Bruce Colbert
423'/2 Iris Avenue
Corona del Mar, CA 92625
February 17, 1998
Mr. Bill.Schonlau, Chair
Parks, Beaches and Recreation Commission
Sun City Motel
27680' Encahto Dr., Room 103
Sun City, CA 92586
Dear Mr. Schonlau:
I would like to revisit the issue of re- landscaping at Corona del Mar's ocean bluff
parks, as we discussed by telephone today. I've attached related letters sent to David
Niederhaus, together with photographs of Inspiration Point, to provide a better
understanding of the site. Would you add this topic to the Agenda of the March 3,
1998, Parks, Beaches and Recreation Commission meeting?
Sincerely,
Bruce Colbert
0
Bruce Colbert
423 l/2 Iris Avenue
Corona del Mar, CA 92625
February 16, 1998
Mr. David E. Niederhaus
General Services Director
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Niederhaus:
Thank you for your letter of February 12, 1998 regarding the landscaping at Inspiration Point.
It appears that the landscaping being ordered for Inspiration Point is not what was agreed on at
the January 6, 1998 Parks, Beaches and Recreation Commission meeting and' is not what
residents in Corona del Mar have requested. I am requesting that the ocean bluff re- landscaping
issue be placed on the Agenda of the next Commission meeting so that we might revisit the topic
and find a workable planting approach.
Issues that should be addressed are:
• Plant height - At a November 19, 1997 meeting with Marci Lomeli and Randy
Kearns at Inspiration Point, we agreed that two -foot high plants would still
obstruct views and agreed to plant vegetation that would' be no higher than one -
foot. For perspective, at a February 4, 1998 meeting with Greg Lewis and
resident Helen Anderson, we measured a two -foot height on the existing fence
and, found it to be halfway between the two cables. Residents have asked that
vegetation be no higher than the railroad ties, which is less than one -foot in
height. For people looking down at the beach, two -foot high plants create
significant obstructions.
• Safety - While it was agreed at the January 6th Commission meeting that a fence
would be needed as prudent to reduce risk, the type of fence that was agreed to
was to be as unobtrusive as possible. To keep the issue of risk in perspective,
according to City staff, the plants on order for Inspiration Point were selected for
their ability to keep people from walking down all sides of the bluff as a shortcut
to the beach. Furthermore, the slopes below Inspiration Point were recommended
for hydroseeding to control erosion. Using plants to discourage foot traffic
appears to be discretionary, and should at least meet the goal that started the
whole re- landscaping issue, that goal' being the restoration of scenic views from
the parks.
Mr. David E. Niederhaus
February 16, 1998
Page 2
• Maintenance - Your February 12th letter assures that staff will monitor the
progress of plant growth and maintenance. At the January 6th Commission
meeting, it was agreed that the plants selected not require constant trimming,
maintenance, and attention, stressing the need to get the re- landscaping right the
first time. Expensive maintenance could be avoided through proper selection of
plants. There are many landscape architects, horticulturalists, botanists, and
nursery specialists in Orange County that could recommend specific native plants
lower than one -foot that could grow on the site.
• Adjustment of Plant Order - The plants on order that are higher than one -foot
simply should be replaced with lower- growing plants. If agreement on a planting
approach is reached at the March 3, 1998 Commission meeting, the Department
ought to complete its re- landscaping work by ordering additional plants to replace
vegetation that requires constant trimming and maintenance at Little Corona and
at Lookout Point. Since the landscaping order for Inspiration Point costs only
$500, spending $1,500 to complete the restoration of the parks does not appear
excessive.
I would appreciate your bringing to the March 3, 1998 Commission meeting the photographs
that I provided, which show the landscaping at the ocean bluff parks, together with copies of my
letters regarding this matter.
Sincerely, //
�w G U
Bruce Colbert
BC /jf
0
Y
•
0
-18- -1998 2:1IPP-1 FROM GENERAL SERvICES 71x1 650 0747
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
February 12, 1998
Mr. Bruce Colbert
4231/2 Iris Avenue
Corona del Mar, California 92626
Dear Mr. Colbert,
Thank you for your letter of February 4, 1998 and your interest in the
landscaping at Inspiration Point.
To date the original mix of plants have been ordered. The selection includes
plants that will attain heights between one and two ;feet, This height is
necessary to discourage access to the bluff from the fence side. The selection,
while allowing for an improved view of the ocean. -will also ensure an aesthetic
mix of color and are a more hardy species than the ground cover specie you
recommended. Staff will monitor the progress of plant growth and the
maintenance,
If you have any additional questions please contact Marcelino G. Lomeli, Park
and Trees Maintenance Superintendent at 644 - 3069.
Sincerely,
David E. Niederhaus
General Services Director
17ENIMGL/pw
3300 Newport Boulevard, Newport Beach
P. 1
Bruce Colbert
• 423'/2 Iris Avenue
Corona del Mar, CA 92625
February 4, 1998
Mr. David E. Niederhaus
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Niederhaus:
In order to get the park planting right the first time, and to avoid having to show additional, less
than favorable photo boards to the Parks, Beaches and Recreation Commission, I would like to
recommend some adjustments to the January 28th General Services Dept. order to Tree of Life
for landscaping at Inspiration Point. The selection of plants to be ordered should follow the
primary reason for re- landscaping Inspiration Point, Little Corona, and Lookout Point, which,
according to the Parks Commission, is to restore ocean views that have become obstructed by
vegetation. At my November 19, 1997 meeting with Marci Lomeli, Randy Kearns, and a
representative from a hydroseeding firm at Inspiration Point, we agreed that plants of two feet or
higher would defeat the purpose of improving the scenic views from the park, and agreed to plant
prostrate manzanita containers across the perimeter of the park where the ground is flat, and
agreed to remove Golden Yarrow from the hydroseeding Beach Mix because of its two -foot height.
While the desire to have a more diverse plant mix to add color on the site and to see which plants
survive is reasonable, the mix should be limited to plants of one -foot or lower. That mix would
include:
Epilobium catalina - Catalina Fuchsia
Erigeron glaucus - Seaside Daisy
Arctostaphylos Point Reyes - Manzanita (lower growing manzanita, available from Tree
of Life, to replace Pacific Mist Manzanita on the order)
These plants would not require constant maintenance or trimming, yet still would provide color,
native plant diversity, soil stabilization, and view enhancement.
I appreciate your efforts to improve the City of Newport Beach's parks. Please make the necessary
adjustments to your order. I'm sure that this request will be a win -win outcome for everyone.
Sincerely,
Zile
0 Bruce Colbert
cc: Marcelino G. Lomeli
r
0
Agenda Item No. V--7
March 3, 1998
TO: Parks, Beaches & Recreation Commission
6.4
FROM: Steve Hunt, Senior Recreation Manager
SUBJECT: Lincoln Athletic Center Field Improvements
The Newport Beach Little League has proposed a project to enhance the backstop and surrounding
area of Field #2 at Lincoln Athletic Center. The youth organization would fund this project
estimated.at $40,000:
At the, February 3 meeting, the Parks, Beaches & Recreation Commission approved the concept of
the project with conditions that were agreed upon by the City, school district, AYSO and Little
League. Since that meeting, it has been determined that public input was incomplete and that the
residents wanted to have further review of the proposed changes.
Therefore, the proposal has been placed on the March agenda to allow for further public comment.
Staff has made a thorough effort to notice all neighboring associations as well as individual
residents that have made previous contact in regards to this facility.
A summary of the proposed improvements and a site plan is attached.
`e LINCOLN FIELD
LITTLE LEAGUE IMPROVEMENTS
LINCOLN #2
1.
Two (2) batting cages with concrete slab, 12' fencing and electrical outlets.
2.*
Two (2) new storage bins, 8'x 40' on concrete slabs extending length of
dugouts.
3.*
Two (2) new scoreboards 6' wide - Thigh with controls behind home plate.
Scoreboards will be mounted at back of each bullpen.
4.*
Three (3) flag poles'located behind home plate near new dedication wall.
5.
Reviewing stand with desk counter and blue tarp roof.
6.*
New, dedication wall, 42" high, behind home plate with anti - graffiti coating and
narrow'top to discourage skate boarders.
7.*
Larger concrete plaza with four (4) trees behind homeplate. Trees to be
acceptable to City.
8.
New bullpen behind 3rd base dugout and enlarged bullpen behind 15' base
dugout. Both with 12' chain link fencing.
9.*
New chain link/blue tarp roofs for both dugouts.
10.*
New concrete walkways from plaza to field. Concrete walkway behind snack
shack to be 10 ft. from soccer field.
11.*
Five (5) 10' high low wattage light posts at plaza with an acrylic lens and covers
on the back which cause the light to shine down.
12.
Two (2) removable foul poles.
13.
Removable 6' high fencing for outfield and just past I" base dugout with
concealed anchors for off season.
14.
Electrical upgrades
• Power to score board
• Duplex outlets to batting machine in batting cage
'Duplex outlets for snack shack
• Additional duplex outlets to reviewing stand
15.*
Picnic tables and benches will be by Quick Crete Co. or equivalent.
*DENOTES REVISION PER SUB - COMMITTEE MEETING
41
2-23-1998 2-48PM FROM MANNING HOMES 714 250 9008
•
. . .........
.. .........
P. 2
11
9.
w
ID
I
0 w
cc
m 0
C-4
qT 3z
w
z
0
U
z
m
4w L
..
CD .
.. .
Liy
•
. . .........
.. .........
P. 2
11
9.
w
ID
I
0 w
cc
m 0
C-4
qT 3z
w
z
0
U
z
m
P. 2
11
9.
w
ID
I
0 w
cc
m 0
C-4
qT 3z
w
z
0
U
z
m
� Zwe��
Ggof Newport Beach
COMMUNITY SERVICES
•
•
February % 1998
P 0. BOX I'63. 331'1 Y,zIV203T 31 3
XEINPORr BEACH, CA 93633.9'11;
Mayor Thomas C. Edwards and Members of the City Council
City of Newport Beach
3300 Newport Blvd.
'Newport Beach, CA 92658
Dear Mayor Edwards:
Item IV -1
March 3, 1998
PHOVE '14.444.3131
FAX ?14.644.31;5
The Parks, Beaches. and Recreation Commission at the meeting on February 3,,
1998, voted to recommend that the City Council proceed with the annexation of
the Newport Coast and that the City accept the maintenance of the parks in the
area and provide public City wide access to the parks and facilities.
Sincerely,
Bill Schonlau
Chair, Parks, Beaches and Recreation Commission
FJ
pony
ire' -r
,L
y� <txcru``° EXCHANGE CLUB of Newport Harbor
Post Office Box 1022, Newport Beach, California
January 28, 1 -998
Parks, Beaches and Recreation Commission
City of Newport Beach
PO Box 1768
Newport Beach, CA 92658 -8915
Dear Commissioners:
FEB 2 1997
COWn11NITY SERVICES
The Exchange Club of Newport Harbor requests your permission to sponsor the "First
Annual Bob Henry Memorial Chili Cook -off'. We plan to create a community and
family oriented annual event, to be held each August or September. All proceeds from
the event will be used to create a police and fire department benefit fund in'Bob Henry's
name.
The idea for this event is a result of our group's involvemerit with the dedication of the
Bob Henry Park. Our model for this event is the Peninsula Points annual chili cook -off --
which we see as a locally sponsored, family oriented, non - commercial community event.
Our vision for the Chili Cook -off includes:
A chili cook -off with several "team" awards.
Games for the kids
Display of police cars, fire engines, etc.
Non - alcoholic drinks and hot dogs
Introduction of The Exchange Club's:
Policeman and Firemen of the Year
Teacher and Student of the Year from the local schools
Introduction of the DARE Officer and the DARE program,
Display booths for:
The Exchange Club's Freedom Shrine
The Orange County Child Abuse Prevention Center's programs
The DARE Program
Etc.
I have spoken to the following and have received positive responses to the general idea:
Rich Thomas -- Newport Beach Firefighters Association
Timothy Riley -- Fire and Marine Chief
Joe Van Dervort
Dan Marciano -- Chamber of Commerce and The Arches
The net proceeds from this event will create the Bob Henry Memorial Fund, to be
administered the Orange County Child Abuse Prevention Center -- a non - profit, 501 (c)
(3) charity located' in Costa Mesa.
We respectively ask the Commission's permission and help in creating this event. We
are flexible and realize many details will have to be worked out before this dream can
become a reality.
Your questions, suggestions and advice are welcomed. Please contact:
Richard J. Harris, CPA
2400 W. Coast Hwy #K
Newport Beach, CA 92663
642 -2479 fax 642 -3479
• Thank you,
4LY
Richard J. Harris
40
AO
o EC!"
a � C
FEB 21397
oUR
COMMUNE-, ... ....
P.O. BOX 102 BALBOA ISLAND, CALIFORNIA 92662
January 30, 1998
Mr. Bill Schonlau, Chairman
Park, Beach & Recreation Commission
P. 0: Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Schonlau:
Stop Polluting Our Newport (SPON) respectfully requests
permission to,plant a tree in Castaways Park In April
of the current year.
We have been in conversation with Marcelino Lomeli, Park
and Tree Superintendent, who has been most helpful in out-
lining procedures for selection of a tree, parameters for
a plaque, and the planting. We intend to plant a Coast
Live Oak, a species compatible with other flora in the area.
This year we will honor Dr. Jan Vandersloot with the Frank
and Frances Robinson Award in continuation of our program,
begun in 1997, to honor someone who has contributed to the
betterment of our community. As you know, Jan has been an
extremely active volunteer and careful sponsor and guardian
of all the parks in Newport Beach.
Thank you for your attention to this matter.
Sincerely,
Claudia Owen
Co- Presiding Officer
• cc: Marcelino Lomeli
Agenda Item No. 1 V
• March 3, 1998
General Services Department
Parks and Trees Divisions
February 1998 Activities Report
Park Division Activities
1. Staff continued coordinating construction projects regarding MacArthur
Boulevard, Castaways Park, and the Pacific Coast Highway and Newport
Boulevard Interchange Project with the Public Works Department.
2. Staff continued coordinating with the Public Works Department Phase II of
the "Green Acres Reclaimed Water Project ". The project will route
reclaimed water to irrigate' Bonita Creek and Eastbluff Parks and several of
the Jamboree Road medians.
3. Irrigation renovation and plant replacements were completed by staff at
various sites.
4. City fields have been prepared for the upcoming youth baseball season.
Soccer goals were placed into storage, backstops and bleachers were set
out, and field lines were installed at various facilities.
5. Staff replaced several sections of collapsed drain line at the Buffalo Hills
Park soccer and baseball field.
6. Staff assisted in the installation of a new drain line system at City Hall to
eliminate the flooding of several entrances during heavy rains.
7. Staff participated in the annual pesticide safety training program that is
mandated by the County Agricultural Department. Greg Lewis, City Pest
Control Technician„ conducted the training:
Upcoming Activities for March
1. The planting of replacement shrubs and ground covers will continue
Citywide.
2. Staff will continue to monitor the Fletcher Jones mitigation plan in the Big
Canyon area.
3. Staff continued coordinating the annual control of rodents by contract
• services.
`A
4. The City will assume landscape maintenance of the first phase of the
MacArthur Boulevard street improvement project. The maintenance will
be performed by the City's contractor.
Tree Division Activities
During the month of February, 448 trees were trimmed, 41 trees were
removed, 41 trees were planted, 18 emergency calls were responded to
regarding trees and 140 tree maintenance requests were received by the
Urban Forester.
1. Tree removals were performed at these various locations during the month.
Replacement trees were planted at alternate sites whenever the existing
removal location prevented any street tree planting per the City Council
Policy G-6 guidelines. Removals were as follows:
Park Avenue median, across from 511 Park Avenue - One dead tree removed.
One replacement tree planted.
Across from 440 Heliotrope Avenue - One dead tree removed. One
replacement tree planted at an alternate site.
• 1730 East Pacific Coast Highway - One dead tree removed. One replacement
tree planted at an alternate site.
11 Half Moon Bay Drive - One tree removed due to property damage. One
replacement tree planted at alternate site.
1300 Estelle Lane - Two trees removed due to property damage. Two
replacement trees planted at an alternate site.
424 Pirate Road - One tree removed due to property damage. One replacement
tree planted'.
508 West Bay - Two trees removed due to property damage. Two replacement
trees planted.
2133 East Ocean Boulevard - One tree removed due to property damage. One
replacement planted at alternate site.
Across from 1311 Bayside Drive - One tree removed due to property damage.
One replacement tree planted at an alternate site.
2118 Windward Lane - One tree removed due to property damage. One
replacement tree planted at alternate site.
0
} _ 1700 Highland Drive - Two trees removed due to ,property damage. Two
replacement trees planted.
4720 Cortland Drive - One tree removed due to property damage. One
replacement tree planted at an alternate site.
315 El Modena Avenue - Two trees removed due to property damage. Two
replacement trees planted.
1600 Anita Lane - One tree removed due to property damage. One
replacement tree planted.
2607 Harbor View Drive - One tree removed due to property damage. One
replacement tree planted.
2245 Aralia Street - Two trees removed due to decay. Two replacement trees
removed.
2615 Blue Water Drive - One tree removed due to property damage. One
replacement tree planted at an alternate site.
201 Via Orvieto - One tree removed due to decay. One replacement tree
planted.
501 Poinsettia Avenue - One tree removed due to property damage. One
replacement tree planted.
1851 Port Renwick Place - One tree removed due to property damage.
One
replacement tree planted at an alternate site.
1133 East Ocean Boulevard - One tree removed due to property damage.
One
replacement tree planted at alternate site.
1707 Bayadere Terrace - Two dead trees removed. Two replacement
trees
planted.
701 Begonia Avenue - One dead tree removed. One replacement tree planted.
2100 Arbutus Street - Two trees removed due to property damage.
Two
replacement trees planted at an alternate site.
2600 Vista Del Oro - One tree removed due to property damage.
One
replacement tree planted at an alternate site.
Across from 2900 Ocean Boulevard, - One tree removed due to decay.
One
replacement tree planted.
1416 East Balboa Boulevard - Two trees removed due to property damage.
• Two replacement trees planted at an alternate site.
• 734 Cameo Highlands Drive - One tree removed due to decay. One
replacement tree planted.
2328 Aralia Street - One tree removed due to property damage. One
replacement tree planted at an alternate site.
5115 River Avenue - One tree removed due to property damage. One
replacement tree planted at an alternate site.
4601 Dorchester Road - One tree removed due to property damage. One
replacement tree planted at an alternate site.
620 Orchid Avenue - One tree removed due to decay. One replacement tree
planted at an alternate site.
621 Orchid Avenue - One tree removed due to decay. One replacement tree
planted at an alternate site.
2. The Urban Forester coordinated the Citywide Sidewalk Replacement
Program with the General Services Department Concrete Supervisor. This
involved the Urban Forester inspecting City street trees as related to
sidewalk repairs.
3. The City tree trimming contractor, West Coast Arborists, completed work
at several locations within the Newport Heights area. Additionally, all
Eucalyptus trees along Fourth, Third, Second and Poppy Avenues in
Corona del Mar were trimmed as a precautionary step to reduce any
potential tree failures due to severe winter storms, since several trees and
limbs had fallen in high winds in December.
4. 'The Blue Gum parkway street trees (Eucalyptus globulus) in several areas
of Corona del Mar are suspected by staff to be in severe decline due to
Armillaria root rot, slime flux disease, and• overall decay. Because of this
concern, staff directed the City tree contractor to conduct testing of six
trees on 4th Avenue that were suspected to be potential tree failures. Two
of the six trees were found to have severe root rot that necessitated
emergency tree removal. Staff has scheduled the additional testing of forty
four Blue Gum trees and more tree removals may be required.
5. The City tree contractor, West Coast Arborists will begin completing a
comprehensive Master Tree Planting Program that will include an
inventory of tree vacancies throughout the City, recommending changes to
the current designated tree list, projecting a cost analysis of reforestation
and other related information at no cost to the City. Staff will be presenting
a report to the Commission in several months.
r�
�I
6. The City Council Policy G -1 requires that 30 days advance notification be
• made to the Commission prior to any tree removal's. The following
locations are recommended for tree removal:
a. 1942 Port Albans Place - Remove one Evergreen Pear tree due to property
damage. Replant one tree.
b. 2115 Arbutus Street - Remove one Lemon Gum tree due to decay. Replant
one tree.
c. 2233 Aralia Street - Remove one Brazilian Pepper tree due to property
damage. Replant one tree.
d. City Hall - Remove three Weeping Banyan trees due to drainage and
landscape problems. Replant three, trees at an alternate site.
Park and Trees Maintenance Superintendent
MGL/pw
•
n
Item No. IV -3
March 3, 1998
COMMUNITY SERVICES DEPARTMENT
TO:
Parks, Beaches and Recreation Commission
FROM:
Steve Hunt, Senior Recreation Manager
SUBJECT:
March Monthly Commission Report
Mudline and Field Conditions - Staff memo has been sent to ,all Youth Sport Group representatives
that utilize City fields to serve as a stern reminder. Coaches and players are urged to follow
Mudline directions as well as common sense when using weather effected fields. The memo is
attached.
The constant rains and the resulting unplayable field conditions have canceled numerous youth.and
adult sport games -and practices. To date, Spring Adult Softball has already had to reschedule over
65 rained out games.
Corona del Mar Scenic 5K — Planning has begun for the 17th Annual Corona del Mar Scenic 5k
The event is scheduled for Saturday, June 6, 1998 im Corona del Mar. Coast Newport Properties
has agreed to be the Event Sponsor again this year, donating $10,000 to the 1998 -race. The
steering committee is actively seeking additional sponsors; sponsorship deadline is Friday,
• March 13, 1998.
1998 Youth Basketball League - The 1998 Youth Basketball League season ends on Saturday,
March 7 with the championship games for the C Division, B Division and Girls B Division.' The
league consists of twenty -two teams, 16 boys teams and 6 girls teams. This years league is
comprised of 200 participants registered from the five different elementary schools. The winners
of the championship games will represent the City ofNewportBeach at the Orange County
Tournament held from March 16 - 22 in Santa Ana.
Classes /Instruction- We are mid -way through the Winter Session as El Nino continues to wreck
havoc with our outdoor classes. Tennis classes are routinely postponed due to rain and sign -ups
continue to be low due to consumer caution about the weather.
New contracts that were mailed out in January are being well received by instructors. We expect
to have all completed by the end of March. A series of meetings were scheduled the last week in
February with instructors to discuss new ideas, instructor responsibilities and to answer questions
about insurance and marketing.
In a similar manner, a meeting was.held last week with all tennis instructors to discuss -new
summer programs. The program is incorporating new, classes designed to be instructional play
along with coaching, giving the more advanced players new choices. Instructors are also being
encouraged to use times from canceled classes to do private lessons. The Round Robin tennis
tournaments will be run only two times per year.
• The Spring Newport Navigator was mailed to Newport Beach residences the last week of
February.
w
Aquatics - For the period of January 23 — February 23,
includes as follows:
Rentals - $660
Lap Swim Fees - $183
Annual Pass Fees - $400
Punch Pass Fees - $260
1998 aquatic revenue totaled $5,638, and
NBAC /Jr. Polo Fees - $4,135 ($1,855 Polo; $2,280 Swim)
(During this time, 714 people participated in lap swimming.)
Special Events- The 8th Annual Special Olympics Basketball Tournament is scheduled for
March 21 at Corona Del Mar High School from 8 a.m. to 3 p.m. This program is co- sponsored
by the Newport Beach Rotary Club. Staff is currently recruiting volunteers to assist the coaches;
about 200 participants on 20 different teams from all over Orange County are expected. Sgt.
Pepperoni is donating the lunches for the athletes. Each.participant will get a participation gift
pair of sunglasses.
City of Newport Beach
COAIMUNITY SERVICES
February 23, 1998
P,0 BOX I'b3, 53110 NFWPORF F: \n
NEIXPO -R1' BEACH, CA 92671•811:,
Dear Youth Sports Commissioner:
PI!0NE '14.641 -31i1
1.AX '14- (44.3155
The City of Newport Beach Community Services Department is very concerned about field usage by
groups on rainy days.
Due to the El Nino storms that have hit the City in recent months, fields are in less than ideal condition.
Many groups have used the fields on days when they have been closed contributing to,more field damage.
Please do everything in your power to keep your groups off the fields on rainy days. As you know, the City
operates a "mud line" to inform coaches, parents, and,participants on the status of our fields.
The mud line will give field closure information on all rainy days, however, on days following a storm,
isolated areas of fields may not be suitable for play. Please inform your coaches to use caution around these
areas, The damage that can and have occurred on these fields effects,the long term availability of all fields.
Enclosed,please find a set of City of Newport Beach Mud Line Phone Cards to give to your coaches. The
City appreciates your efforts in distributing these cards.
Please inform your coaches to use the mud line whenever, possible, even-on days following a storm.
Thank you for your cooperation. If you have any questions, please call me at (714) 644 -3163.
Sincerely
l-*
Scott Williamson
Recreation Coordinator
City of Newport Beach
cc: Steve Hunt, Senior Recreation Manager
CITY OFNEWPORTBEACH-MUD LINE 644 -33,99 CODE 1060
E
Agenda Item No. \q -3
March 3, 1998
COMMUNITY SERVICES DEPARTMENT
TO: Parks; Beaches, and Recreation Commission
FROM: Celeste Jardine - Haug, Senior Services Manager
SUBJECT: Senior Services Division - Monthly Commission Report
February was a very busy month with everyone getting back to business after the
holidays.
Tax Season is Underway — The AARP-sponsored tax assistance program began February
2, and already they are booked through March 15. Five highly qualified seniors complete
tax returns 4 days a week. The program is free and usually serves-about 500 people.
Larry White is the coordinator and has been with this program for 4 years.
Dinner Theater Fund - raiser a Success — On Saturday, February 7, OASIS held it's first
Dinner Theater event which was a shared effort of the Friends of OASIS and the Center's
Staff. 175 attended the Neil Simon play, "I ought to be in Pictures ". Staff and student
volunteers prepared and'served dinner. Trader Joe's donated wine, Sunflower Bakery
S donated bread, and the Crean's and Irvine Company made cash donations to cover costs.
It was an enormous success, which had a net income of $3,500.
Valentines Events — The Friday Ballroom Dance had a Valentines theme on February 13.
Participants were dressed in Red and Pink and refreshments- were served. The lobby of
OASIS is displaying wedding dresses and wedding photos to add to the Valentines theme
for the month. The dresses belong to OASIS members and OASIS staff. People have
delighted in guessing who belongs to each gown and picture.. It is equally interesting to
see the different styles of dresses from the different periods.
Board News — It is with deep sorrow that we report the death of Ruby Suikki's husband,
Lauri. Ruby is the current President of the Friends of OASIS and has been an active
Board Member for many years.
A nominating committee has been appointed and will be looking for board candidates to
run in the elections in June. The Board has 21 members. Each year, 7 positions are open.
Upcoming Events — We are currently planning for our Volunteer Recognition to be held
on March 18 and the Annual' Health Fair on April 25.
11
Utilization Report
January 1998
Utilreportjan
69 Subtotals 64
ATTENDEES TO MEETINGS AT OASIS
OASIS SENIOR CENTER
20
Newsletter Collating
18
PARTICIPANTS ATTENDING
31
69 PERSONS
7654 CUSTOMERS
PARTICIPANTS AT SPECIAL EVENTS
• Pancake Breakfast
170
RECREATIONAL CLASSES _
150
320 PERSONS
2894 CUSTOMERS
PERSONALIZED SERVICES PROVIDED
2002 CUSTOMERS
Includes:
Lecture - stroke screening
61
Another Passage
2 Housing counseling
73
Blood Pressure
90 Information /Referral
1226
Braille
43 Legal Assistance
12
Counseling
70 Aging Support Group
2
Eldercare-
6 Senior Assessment(hrs)
50
Employment
40 Telephone Reassurance
322
HICAP
0 Visual Screening
5
251 Subtotals
1751
SENIORS RECEIVING TRANSPORTATION SERVICES
Care -A -Van
504
Shuttle
307
811 CUSTOMERS
CUSTOMERS RECEIVING NOON MEALS AT THE CENTER
.
1425 CUSTOMERS
VOLUNTEER HOURS OF SERVICES PROVIDED AT THE CENTER
1241.75 HOURS (Equivalent to 8 full time employees)
Includes:
Front Office
Kitchen
Gift Shop
Pancake Breakfast
Home.Delivered Meals
Special Events
Instructors
Travel Office
Office
Library
PARTICIPANTS IN FRIENDS OF OASIS TRAVEL PROGRAMS
133 CUSTOMERS
Day Trios
Long Trios
L.A. County Museum
25 Las Vegas
44
Regan Library
44 Yosemite Valley
20
Utilreportjan
69 Subtotals 64
ATTENDEES TO MEETINGS AT OASIS
Board of Directors
20
Newsletter Collating
18
General Membership
31
69 PERSONS
PARTICIPANTS AT SPECIAL EVENTS
• Pancake Breakfast
170
Over 80's Party
150
320 PERSONS
Utilreportjan
Agenda Item No.
March 3, 1998
To: Parks, Beaches and Recreation Commission
From: General Services' Director
Subject: Tree Donation
Recommendation
To accept one 24" box California Live Oak tree donation from Stop Polluting
Our Newport (SPON) that will be planted at Castaways Park. Additionally,
that the plaque size be 5" x 7" and the verbiage read "Planted in honor of Dr.
Jan Vandersloot, recipient of the Frank and Frances Robinson Environmental
Award April 25, 1998."
Discussion
Staff received an inquiry and subsequently a letter (Attachment A) from Ms.
Claudia Owen, Co- Presiding Officer of SPON regarding a proposed tree
donation for Castaways Park. Staff met on site with Ms. Owen to discuss the
tree planting.
The organization is proposing to donate several trees over the next few years
to City parks as part of SPON's Frank and Frances Robinson Environmental
Award program. This award is a long term program commitment by SPON to
the City. Last year the organization donated an Oak Tree that was planted in
the California native plants area of Cliff Drive Park on behalf of the first
Robinson Award recipient. Additionally, last years tree donation also included
a 5" x 7" plaque as part of the awards program.
Ms. Owen has received a copy of this report and a notice of the March 3
Commission meeting.
Very respectfully,
David E. Niederhaus
DEN/MGL/pw
• Attachment
Q� A
s a c
ti ® �� RED�'IVED
OUR
U
F�oz
1998
P.O. BOX 102 BALBOA ISLAND, CALIFORNIA 92662 �s
January 30, 1998
Mr. Bill Schonlau, Chairman
Park, Beach & Recreation Commission
P. O. Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Schonlau:
Stop Polluting Our Newport (SPON) respectfully requests
Permission to plant a tree in Castaways Park In, April
of the current year.
We have been in conversation with Marcelino Lomeli, Park
and Tree Superintendent, who has been most helpful.in out-
lining procedures for selection of a tree, parameters for
a plaque, and the planting. We intend to plant a Coast
Live Oak, a species compatible with other flora in the area.
This year we will honor Dr. Jan Vandersloot with the Frank
and Frances Robinson Award in continuation of our program,
begun in 1997, to honor someone who has contributed to the
betterment of our community. As you know, Jan has been an
extremely active volunteer and careful sponsor and guardian
of all the parks in Newport Beach.
Thank you for your attention to this matter.
cc: Marcelino Lomeli
'Sincerely,
C J i
Claudia Owen
Co- Presiding Officer
0
Agenda Item No.�L
March 3, 1998
To: Parks, Beaches and Recreation Commission
From: General Services Director
Subject: Peninsula Park Renovation Plan
Recommendation
To accept the renovation plan for Peninsula Park and direct staff to finalize the
plans and specifications for the project.
Discussion
The Peninsula Park athletic field renovation is currently funded in FY 1997 -
1998 as a Capital Improvement Project in the amount of $150,000. Staff has
coordinated the project with the Public Works and Community Service
Departments and has retained Hirsch and Associates, Landscape Architects
for the design of the Park renovation.
Staff and the consultant will present the preliminary plan at the Commission
meeting. If the Commission approves the plan staff will finalize the contract
documents to bid the project. The City Council would then award the contract
and construction would begin in April with completion scheduled for June 15,
1998.
The Youth Sport organizations, that use the facility and the Fire' and Marine
Department that conduct a summer Junior Lifeguard Program at the Park
have been advised of the construction schedule. The Central Newport Beach
Community, Balboa Merchants, Balboa Peninsula Point Associations, and' all
of the adjacent residents' to the project will receive a copy of this report -and a
notice of the March 3 Commission meeting.
Very respectfully,
David E. Niederhaus
DEN/MGL/pw
P
r,
L -�
. ... .
Item V -6
March 3, 1998
To: Parks, Beaches and Recreation Commission
From: General Services Director
Subject: Tree Removal Appeal
Recommendation
To deny the removal request of two City parkway Blue Gum trees (Eucalyptus
globulus) 'located at 621 Narcissus Avenue, on the Fourth Avenue side of the
property.
Discussion
Mr. James M. Trash of 621 Narcissus Avenue requested the removal of two City
parkway street trees per his letter dated June 26,'1997. (Attachment A)
• The Urban Forester and Park and Trees Maintenance Superintendent reviewed
the request on site per the Tree Inspection Report (Attachment B) and found the
trees to be healthy specimens with no significant damage to warrant any tree
removals. Subsequently, the Urban Forester sent a letter dated July 21, 1997
(Attachment C) denying the tree removals. Additionally, the letter stated Mr.
Trash's recourse for appealing the matter to the. Parks, Beaches and Recreation
Commission.
On Monday, December 22, 1997 the Urban Forester and the Park and Trees
Maintenance Superintendent were on Fourth Avenue reviewing a fallen tree which
resulted from a severe wind storm, and assessing another tree that was partially
uprooted and severely leaning. Mr. Trash approached the Urban Forester at this
location and requested immediate removal of the two City street trees adjacent to
his residence, the same removals that were previously denied, indicating that he
perceived an immediate threat of the trees falling onto his home. The Urban
Forester responded by inspecting these two trees and informing Mr. Trash that
there was no immediate danger of the trees falling. The Park and Trees
Maintenance Superintendent concurred with this assessment.
Mr. Trash responded with the attached letter dated December 23, 1997
(Attachment D) requesting to appeal the denied removal request of the two trees.
Mr. Trash was informed per a letter dated December 30, 1997 (Attachment E)
that his appeal would be forwarded to the Commission.
Mr. Trush has received a copy of this report and a notice of the February, 3
Commission meeting.
Very respectfully,,
David E. Niederhaus
DEN/MGL/.pw
Attachments:
A. Mr. James Trush's letter dated June 26, 1997
B. Tree Inspection Report
C. Urban Forester's letter to Mr. Trush dated July 21, 1997
D. Mr. James Trush's letter dated December 23, 1997
E. General Services Director's letter to Mr. Trush dated December 30, 1997
F. Tree Appraisal
0
0
~ LAW OFFICES OF
Trush & Goseco
5160 BIRCH STREET. SUITE '100
NEWPORT BEM CALIFORNIA 92660
TELEPHONE (714) 851 -9090
FAX (714) 851 -9004
June 26, 1997
David Niederhaus, General Services Director
General Services Department - Tree Division
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Re: Tree and Root Liability Issues At Fourth and Narcissus, Corona Del Mar
Dear Mr. Niederhaus:
I am the owner of the property located at 621 and 621 1/2 Narcissus Avenue, Corona Del Mar,
California, which is located at the corner of Fourth •Street and Narcissus Avenue. This letter is
sent regarding the two City of Newport Beach. eucalyptus trees located on or adjacent to the
Fourth Street side of our property.
The two city owned eucalyptus trees on the Fourth Street side .of our property have created a
number of problems over the last several years, many of which expose the City of Newport
Beach to liability. The problems we have experienced with the City eucalyptus trees include the
following:
(1) Root intrusion into the sewer lines and sewer lateral. The root intrusion necessitated the
replacement of the lateral at the alley. My recollection is that the sewer lateral at the
alley was replaced during '1996. Since the sewer Iateral has been replaced, we have
continued t6 experience repeated and frequent root blockages of our sewer lines. The root
blockages have caused repeated and frequent overflow of toilets in our home. The
frequent overflow of toilets has resulted in damage to our wood floors in addition to the
expense incurred to pay plumbers to clear the roots from the lines.
(2) The eucalyptus tree located closest to Narcissus Avenue appears to have caused damage
to the slab of our home which during a heavy rain resulted in flooding of our living room,
which in turn required the replacement of the wood floor in our• living room.
(3) The eucalyptus tree closest to Narcissus Avenue is pushing out the curb into the street and
creating a sharp protruding piece of concrete curb into the public street, which in my view
exposes the City to liability for property damage or personal injury which may result.
The curb being pushed into the public street also exists with respect to the tree furthest
from Narcissus Avenue but is not quite as severe.
David Niederhaus
City of Newport Beach
i June 26, 1,997
Page 2
(4) I have been informed by a general contractor that the eucalyptus tree growing closest to
Narcissus Avenue has a twisted trunk which is an indication that the tree is weakened and
susceptible to being blown over during a windstorm. As you know, Southern California
experiences yearly windstorms during the "Santa Ana winds" season. By this letter, the
City of Newport Beach is on notice that the eucalyptus tree at the comer of Fourth and
Narcissus is susceptible to being blown over in a windstorm. This condition exposes the
City to liability for any .property damage or personal injury as a result of the tree being
uprooted or blown over.
I request that the City review the issues set forth in this letter and advise me in writing as to their
findings. It appears to me that due to the,property damage caused by the trees and the liability
issues that the appropriate action would be removal of the trees.
If for any reason the City is unwilling to remove the trees, I may at that time be forced to retain
an arborist, plumbing contractors, and real estates appraisers, to further substantiate the .problems
listed above and the resulting damages. At this time, I have incurred damages as a result of the
City owned eucalyptus trees, including but not limited to, diminution in value of our property as
a result of the roots intruding into the slab and sewer lines, out -of- pocket costs for plumbers, out -
of- pocket expenses for replacement of the wood floor in our living room, and in the future out-
of- pocket expense in the replacement of the wood floor in- one of our bathrooms which has been
damaged as a result of the frequent overflowing of the toilet.
If the City promptly removes the problem trees and repairs the curbs, I may be willing to release
the City from these damages claims.
Thank you for your cooperation and consideration with respect to these matters. If you have
questions, please do not hesitate to contact the undersigned.
JMT /eh
=hkirynpb.ItrW0381009
0
Very truly
GOSECO
'rush
0
•
CITY OF NEWPORT BEACH
GENERAL SERVICES DEPARTMENT
TREE INSPECTION REPORT
Name: Mr. James M. Trush
Address: 621 Narcissus Avenue
Phone Number: 851 -9090
Request: Two tree removals per attached letter. Trees are located on
Fourth Avenue.
Botanical Name: Eucalyptus globulus, tree site #S -1, Eucalyptus
globulus, tree site #S -2
Common Name: Blue Gum Tree
Designated Street Tree: Eucalyptus citriodora (Lemon Gum)
Estimated Tree Value: 42" DBH x 2 trees = 2770.8 "2 20% species value,
$4,787.94 each x 2 trees = Total Value $9,575.88 (per attached appraisal
report).
Damage: Maintenance records indicate last trimming was completed April
1996.
Parkway: Concrete_ Brick Turf x Other _
Comments: A field inspection determined trees were healthy-with no apparent
property damage. Trees were last trimmed in April 1996.
Inspected by: r �� Date: July 10, 1997
Recommendation: Retain trees, no evidence of property damage as
indicated by letter, sewer lateral is in the alley and not adjacent to the trees..
A�LU4
4 voVIA)
Reviewed by:
Date: July 10, 1997
4
•
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
July 21.,,1997
Mr. and Mrs. James M. Trush
621 Narcissus Avenue
Corona del Mar, California 92625
Dear Mr. and Mrs. Trush,
Your requests for City tree removals have been reviewed and examined on site.
Staff recommends the retention of the trees in accordance with the attached
City Council Policy G-1. Informationally, the trees were last trimmed in April
of 1996.
Your recourse in this matter includes an appeal of this decision to the Parks,
Beaches and Recreation Commission. If you wish to do so please send a letter
to: David E. Niederhaus, General Services Director, Post Office Box 1768,
Newport Beach, California 92658 -8915, for inclusion on a future Commission
agenda.
Please contact me at 644 -3083 regarding any questions.
Sincerely,
Jobn Conway'
Urban Forester
JC /pw
Attachment
3300 Newport Boulevard, Newport Beach
i
I
i
. I
i
!3 -1997 02 :45PM FROM TRUSH & GOSECO TO 6500747 P.02
LAW OFFICES OF
Trush & Goseco
5160 BIRCH STREET, S11rrE 100
. NEWPORT BEACH. CALIFORNIA 92660
' TIIfY80NE (714)'851.9090
FAX (714) 851.9004
December 23, 1997
J . t
Iohh F' Conway, Jr.
Urban Forester
City; of Newport Beach
3300 Iilewpdrt Blvd.
P.O. E6 1768
Newport Beach, CA 92658;8915
Re: ! Eucalyptus ttees located at Narcissus Ave. and 4th Street in Corona Del Mar
Dear 112r. Conway:
As you knob, we spoke yesterday on 4th Street at the time your crews were removisig two fallen
Eucalyptus trees on 4th Street. At the time of our discussion, you encouraged me' to send a fax,
whicif I aminow doing.
'This Ietter ,will confirm several facts including'thc following:
1. I previously requested, by letter, that the large Eucalyptus tr ees located on our property
(our property is located at 621 Narcissus Avenue which is at the corner of 4th and
Narcissus), be removed because of what appeared to me to be a safety problem. I had
previously been i4ormed by at least one contractor that the twisting which exists in the
I :trlurlc of the Eucaiyptus trees on our property, make the trees more:susceptible to being
knocked over in high winds.
2.' Yesterday, a Eucalyptus tree located on-4th Street on the property, located diagonally from
our; home, fell without warning and damaged a neighbor's roof (the location of this tree
is designated by the number "1" on the attached diagram).
3: ` Yesterday, a Eucalyptus tree on the property located on the corner of 4th Street and
' Marigold (designated• by the number "2" on the attached diagram); began uprooting the
V#nd and is in Ic process of being removed as I am writing this letter.
i
' I •
I
•
i
i
i
i
997 02 :46PM FROM TRUSH & GOSECO
TO
6500747 P.03
:i
Qi. )olin F., Conway, Jz.
)ecemlrer 23;, 1997
>age2:
{, As I' am writing this letter, your crews are on -site regarding the trees at location number
i "i" and to cat ion.autnber "2" on the attached diagram, removing both' of those trees.
i Appaientlg, on approximately December 11, 1997, a Eucalyptus tree on 4th Street fell, and,
;damaged the roof of the property located at 618 Poinsettia (the tree fell without warning
i ; designated; by the number "3" on the diagram).
Yo ' tndicatti d do :me tt at if we notice ground upheaval to contact you and the trees will be
rem ved. I3oiMVer, I asked you if the tree on the property designated on the attached diagram
as number !'1" gave a naming with ground upheaval. You indicated that it did not. At the time
Of dui, discussion at approximately 12:30 p.m. yesterday, I requested that the City remove the
Eucalyptus frees Iocatea on our property as soon as the crews are done removing the two fallen
EualyptuS trees.. Xou stated that you would speak'with your Supervisor andrespond back, to me.
I v;crv'this as an important safety issue. The City is on notice that these Eucalyptus trees are
falling in the wind storms this season at a rapid rate. Since one of the Eucalyptus trees which
£ell; yesterday, and the, tree which fell on December 11, 1997, both fell without any warning and
causing property damage, it does not appear to me to make any sense whatsoever to wait until
tlie;trees on our lot'fall and cause'possible personal injury or property damage.. In fact, the City
is gn:notice of our request and serious safety concerns.
If thb City; is unwilling to remove the trees immediately, please notify me in writing as to
wietrer I:�tn authorized by the City to have the trees removed, and I will have a private tree
removal seXvice begirt the removal immediately. Either' way. acflon should be taken without
waiting f6r further property damage and possible injury. As indicated to you, we have two small
children in the house all day alone with my wife (our spas are two and' half and six months, old).
My, wife zs concerned about staying in the house during these high winds with the Eucalyptus
trcesi falling everywhere azound us. Please speak with your supervisors immediately and obtain
the requested' approval so that your crews can begin removing the trees on out property as soon
as! I aze done removing the other two trees that they are working on.
i Very truly your 7 1,
3Mf1' /dd
enctosurej
I
jmnnse.tr
3
' I i
I
I I '
� I �
I
RUS & GOS
am M.1"rsh
I•
i
;
i
�I
. 4
♦cQCO -1597 02' 46PN FROM TRUSH 3 GOSECO TO
i
l l
i
1 65007/477. P.04
i AA
! i L.lAt7^i�q
• i
G , Dram C
��3' \mil ����rr97�✓i�`° �'.wer.��,J
TOTAL P.04
I�
I
"
I I
• i
G , Dram C
��3' \mil ����rr97�✓i�`° �'.wer.��,J
TOTAL P.04
I�
"
I I
,
• i
G , Dram C
��3' \mil ����rr97�✓i�`° �'.wer.��,J
TOTAL P.04
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACFd,,CA 92658 -8915
December 30, 1997
Mr. James M. Trush
5160 Birch Street, Suite 100
Newport, Beach, California
92660
Re: 621 Narcissus Avenue
This letter is in response to your correspondence dated December 23, 1997
regarding the City Eucalyptus parkway street trees located on Fourth Avenue
adjacent to your residence at 621 Narcissus Avenue.
The two City trees that you requested to be removed per your attached letter
dated June '26, 1997, were inspected by John Conway, Urban Forester. He did
not feel that the trees warranted removal since the sewer mainline is located
in the alley and not near the two City trees. The Park and Tree Superintendent
also concurred with his recommendation. Mr. Conway denied your request per
the attached letter which also stated that if you want to pursue the matter
you may appeal the decision to the Parks, Beaches, and Recreation
Commission.
The Urban Forester again inspected the trees on Monday, December 22, 1997
and, he feels that the trees, do not display any signs of being a immediate
hazard requiring removal. Mr. Conway will be inspecting all the City street
trees this week located on 4th Avenue for any potential hazards.
Your appeal to remove the trees will be placed on the February 3 Park,
Beaches, and Recreation Commission agenda. A notice of the meeting and a
copy of the staff report will be forwarded to you.
Please contact me at 644 -3055 if you have any questions.
Sincerely,
David E. Niederhaus
General Services Director
DEN7mgl
3300 Newport Boulevard, Newport Beach
0
a
w
m
O
•a
w
LL
O
F-
U
•
F-
z
Cw
C
CL
w
in
cn
w
w
cn
J
W
z
W
0
U)
A
i
m
z
as
N
Co C
N t
O
CL
v OC
Q m
0
n.
J
a
a
CL
a
w
w
it
W
c
ao
A
Ld
00�
LO
z
rn rn
co co F
Q
o
OU
J
z
N N
9 rn I.
FN
N
°
m
g
p U
co
m 0)
U
ui �n
69. 6%
T T
lil r z'
c
r r
(L
N
00 00
It V
N
U
69D 6%
W
J
cc
co M
o0
U
? d
N
Q
m r
M co
.CU C
c c
W
m N
go
U
W
x
v v
W'N Z
U N O
ui Sri
OD co
r
N U N
cc
N N
Z
z
I•" 0
7 N
> > r N
a�
Co a>
0
W, y 'N
a) m
d m
1- I-
7 SEW PORT
CITY OF NEWPORT BEACH
n
C9�/ FO FN�P
0
December 22, 1997
Mr. Richard Power, Executive Director
The Boys & Girls Club of the Harbor Area
P. O. Box 10297
Costa Mesa, CA 92627
-Dear Mr. Power:
Recently, I received a copy of your letter to Council Member Dennis O'Neil regarding
your disappointment and frustration on the status of negotiations for a mew ground
lease. Firstly,, it is important to note that the City has leased the facility at Eastbluff Park
to the Boys & Girls Club for over 25 years for only one dollar per year. Certainly the
club has provided leadership and recreational •opportunities for the youth of the City and
the greater Orange County area during these years. However, it must be emphasized
that the City has been a very cooperative and generous landowner.
The needs of the City for youth and adult recreational programs has escalated in recent
years concurrent with ever - increasing demands for facilities to meet these needs. The
City staff has been reviewing the future uses of this site and your lease with the
Harbors, Beaches, and Parks Committee of the City Council in the context of the
Lincoln lease discussions with the Newport-Mesa Unified School District. It is
scheduled for discussion again at,the next meeting of that Committee on
January 9, 1998. We will send' you the agenda and encourage your attendance at the
meeting.
As stated, these discussions have occurred in conjunction with those on the City lease
for the gymnasium at Lincoln School and the high cost for that lease. The City is now
paying in excess of $16,000 annually for the use of the gymnasium only; the cost
increases to more than $32,000 in the year 2002, plus annual CPI increases in the
intervening years.
City Hall • 3300 Newport Boulevard • Newport Beach, California 92663 -3884
Mr. Richard Power
December 22, 1997
Page 2
The concern, of course, is to maximize the use of all City owned and leased facilities.
The City Council Committee has requested additional information from staff prior to
providing direction on the future uses of the Eastbluff Boys & Girls Club site. If you
have any questions prior to the January 9 meeting, please give me a call at (714) 644-
3000. I'll be away on vacation between Christmas and New Year's and will return on
January 5.
Sincerely,
Kev n J. uM r y
K'69
City Manager
cc: City Council
E
0
T.,e Boys & Girls Club c the Harbor Area
2131 Tustin Ave. • P.O. Box 10297 • Costa.Mesa, CA 92827 • (714) 642.2245 • FAX (714) 642.885:
is Boys & Girls Clubs The Positive Place for Kids"
OFFICERS Decembcr 1G, 1997
Loyd N11DM III
It's hard for me to write this letter to you. I'm.finishing up my 13 years as
pneglga
Executive Director with a total of 18 years with the organization. ganization. Lou Yantorn
Del Werch
161 viepnelaord
Dennis O'Neil
PM Bftk
Hewitt & McGuire
al Vk P.aeIW"l
Area kids. I've
Opeut I8 years trying to maintain and improve the legacy that Lou left
John?4WW
19900 MacArthur Blvd
T1a96unr
Suite #105
s «w tl
Irvine, CA 92715
Roy werw
tell people how rewarding it was to have his.kids come back to see him at the club
Immed"e put prefiaau
as young squared -away adults.
6rCUraE Poywr
'Dear Dennis:
Eaocum 0•nctor
This organization has been blubscd with people dedicated to the healthy
OIRECTORS
development of young.people. Lou, Dick, and others were fortunate to do
MBN"adg.a
Noaem
It's hard for me to write this letter to you. I'm.finishing up my 13 years as
''°""
Executive Director with a total of 18 years with the organization. ganization. Lou Yantorn
David hridq.
spent his 22 years growing the organization. You participated in much of that
Mka Schn,er
growth. Growth that has benefifted tens of thousands of Harbor
IL vm Nall
oar o�womar
Area kids. I've
Opeut I8 years trying to maintain and improve the legacy that Lou left
us.
FRIENDS'
Ro E
Dick Rojo retired last June from the Eastbluff'Club. He had 30 years of
e 710mm
Ron. ee 8 8amolle
N Dena
dedicated service to Harbor Area youngsters. On so many occasions I' heard him
aw
tell people how rewarding it was to have his.kids come back to see him at the club
JJW L l'
as young squared -away adults.
IJa Daylei
James Eyler
J.mea C. .
10441 G'ruai
chance iL Grove
This organization has been blubscd with people dedicated to the healthy
Denny wnbod
Roe lipoid, Jr.
development of young.people. Lou, Dick, and others were fortunate to do
Ed
their
dedicated work in a time when local governments encouraged and supported
Torn lJoden
positive youth development activities.
MMe 14%A41
Foy urC,Mt
Men Osgood
oenry
I guess times have really changed. For 18 months, we've waited patiently
Jaly r.arr...
Jah"
for a renewal on, our Eastbluff lease. The city has used our Eastbluff facility for
peae
Ease MOON
men's adult basketball this summer and fall. We have cooperated with their
avid Rce4non
Dan S. Roger
-
requests. We were told we would be reimbursed for a proportionate share of
Had 5"?t
Donn" Snun
utilities and maintenance. It is now mid - December and no reimbursement has been
W. R01W smM
received.
Dune sloth
M. N.-ell SMetl.r
Deb" 7bn eleoy
DRANCN DIRECTOR
Nolan Maer"D". Wu Y64um
Day" Rele. EosIDIull
ETCa"er Strajny. W.auide
7eenaa CRthe, IMne
MENDER
DoYe 6 Give clubs of Amer"
Unaod Nay of Orolpe county
Celebrating Over 60 Years of Service to Harbor Area Youngsters
DF�- 14 -1goo no•��
T ' Dennis O'Neil
40 Page -2-
LI
Words cannot appropriately describe my disappointment and
disenchantment with the City's handling of the Eastbluff lease. So far, from my
perspective, it's representative.government at its worst. As the months go by,
elected officials stand by and do nothing to support our vital youth development
activities. I feel sorry for the young families of Newpnrt. Reach. They're being
short changed by a few�government employees that care very little -about
supporting positive after- school youth activities.
Sincerely,
Richard Power
Executive Director
rK
Y e Boys & Girls Club c" the Harbor Area
2131 Tustin Avg. • P.O. Box 10297 • Costa Mesa, CA 92627 • (714) 642.2245 • FAX (714) 642 -6855
Boys & Girls Clubs 'The Positive Place for Kids"
OrSCERS December 1G, 1997
Loyd N51gh1III
PReidenl
DEC -19 -1997 09 39 71f700PC14 0py
Dennis'O'Neil
1161 V'e►Pneldom
Pat S"k
Hewitt & McGuire
LWvn p..tlanl
19900,MacArthurBlvd
ienaNO °Ian
nedsuler
Suite #105
so ,"6r"y
Irvine, CA 92715
Roy warner
ImmodW4 PWI Pror-dont
Dear Dennis:
FcMrd E. Power
EidCmhv 01r for
OWECTORS
Tom Barren
It's hard for me to write this letter to you. I'm finishing up my 13 years as
dg s
.Iona Ndbm
Executive Director with a total of 18 with the organization. Lou Yantom
}°Nary Maven
years
spent his 22 years growing the organization. You in much of that
Oavld N°onnrida•
participated
jorm
growth. Growth that has benefitted tens ofthousands•of Harbor Area kids. I've
Mho SClraiaf
w;,nWn NeIt
spent 18 years trying to maintain and improve the legacy that Lou left us.
la.unro r, we
can Irimlan
FRIENDS
Dick Rojo retired last June from the Eastbluff Club. He had 30 years of
Repent 6 Sadham
dedicated-service to Harbor Area youngsters. On so man occasions I heard hint
y G-" y
T IMM
Hm.BhV TBarrlalld
Pi Basso
tell people how rewarding it was to have his kids come back to see, him, at the club
S oberto
R 6991
Brugge
as squared-away adults.
,,d,,, L Care
J."
young
lit Was
.Mmes Ednor
JN°" `"'"
Paul
G
This organization has been blessed with people dedicated to the healthy
FL
Charles ,d,�
development of young people. Lou, Dick, and others were fortunate to do their
Robert ,"If rr Jr.
EdFJOaws n
dedicated work in a time when local, governments encouraged and supported
Semi;
Tom
positive youth development activities.
Chad#$ Markel
Ray 4tC.mw
"o«�m1.aa o9oomg
I guess times have really changed. For 18 months, we've waited' patiently
Man D6 °dad s
Man O'NNI
for a renewal on our Eastbluff lease. The city has used our Eastbluff facility for
'ro nnv :u'
men's adult basketball this summer and fall. We have cooperated with their
Edgane Mode,
014d Roeotden
requests, We were told we would be reimbursed for a proportionate share of
Man s a�°
utilities and maintenance. It is now mid - December and no reimbursement has been
Banron Small
W. Wchard Smdn
received.
Dune SMm
". N -eu SllGkfur
Sri Towarsoy
BRANCH DIRECTOR
Ninon Mdamun. WU TaNwn
Da °td Rqo, Eestdlull
,
Slaves, Slrojny, Wasufde
•
Tlumdl CraCBer, IMne
MEMBER
Boys S Gnls Clubs of Ame6n
Umlod Wry of Orange County
,
Celebrating Over 50 Years of Service to Harbor Area Youngsters
DEC -19 -1997 09 39 71f700PC14 0py
,�. Dennis O'Neil
Page -2-
0
M
DEC -19 -1997 08:32
Words cannot appropriately describe my disappointment and
disenchantment with the City's handling of the Eastbluff lease. So far, from my
perpcctiva, it's representative government at its worst. As the months go by,
elected officials stand by and do nothing to support.our vital youth development
activities. I feel sorry for the young fiinilies of Newport Reach. They're being
short changed by a few government employees that care very little about
supporting positive after- school youth activities.
1
Sincerely,
Richard Power
Executive Director
714OgPPGt+ cc.
D 07
a
The Boys & Girls Club of the Harbor Area.
2131 Tustin Ave. • P.O. Box 10297,o Costa Mesa, CA 92627 • (714) 642-2245 • FAX (714) 642 -8855
Boys & Girls Clubs "The Positive Place for Kids"
I October 6, 1997
40 dh Van Halt
wmnce We
an Winton Utilities: $690 $954, $738 $2382
FRIENDS
Robert E Eatlham
Mr. Steve Hunt
OFFICERS
Newport Beach Recreation Department
'slid, Wright III
Pro dent
City of Newport Beach
Bill Welch
3300 Newport Boulevard
Ist Vice-president
Pat Beek
Newport Beach, CA 92663
2nd Vice-Presidenl
John Houten
,
Treasurer
pear Mr. Hunt:
Richard Allred
The 3 -month average Utility/Maintenance is $1,611 per month. Using this
g tY P g
Secretary
Roy Warner
I have put together the maintenance and utility cost for the months that the
Immediate Past President
city, used the Eastbluff Club during the summer. The June, July, and August
Pochard E. Power
Executive Director
figures are from our CPA's monthly Financial Statement which breaks ,out each
DIRECTORS
club's operations costs:
Tam Baron
Edwin Hodges
I estimated your proportional use at 15% of the total time used. Therefore r
Jahn Hallam
Eastbluff Branch
Jeffery Matson
Leon Napper
David Northridge
I also calculated our Gym Floor refinish at $1,800 (work performed
Jahn Petry
June July August, Total
Mike Scheeler
months.@ $150 per month equals $750 and 15% of that is $113.00. Add this to
40 dh Van Halt
wmnce We
an Winton Utilities: $690 $954, $738 $2382
FRIENDS
Robert E Eatlham
Maintenance: 762 927 703 2452
Hon Blair T. Earners
At Basso
Burleigh Brewer
Robert Briggs
John L Cumi
Liz Davies
$ 1452 $1881 '$1501 $4834
James Egner
James Envm
,
Paul Genlosi
Charles R. Gross
The 3 -month average Utility/Maintenance is $1,611 per month. Using this
g tY P g
Dennis Harwood
a
Robert hnson J`
average to project September & October Utility/Maintenance cost the total would
Bette Linden
Tom
be $3,222 - Total Utility/Maintenance for 5 months is $8,056.
en
Charles Markel
Roy McCardle
Mike McKinley
Denms Oinley
I estimated your proportional use at 15% of the total time used. Therefore r
DennissONeil
the Utility/Maintenance total for city use is 15% of $8,056 or $1,208. .
Jerry Palanllan
John Pdchess
Eugene Rhodes
Dan Roberson
I also calculated our Gym Floor refinish at $1,800 (work performed
Hall Seely9et3
annually in, November): divided by 12 months equals $150 per month. Five
Benton Sm
W. Richard ith
months.@ $150 per month equals $750 and 15% of that is $113.00. Add this to
Diane Stem
H. Newell Stickler
the $1,208 and the total owed for the city use is $1 321.
Brian Tawersey
> ,
BRANCH DIRECTOR
Harlan Andersen. Lou Vantom
usb,Heredt. essale
eerier Heredi. Wesiblu ff
eresa Crusher. Irvine
MEMBER .
Boys & Girls Clubs of America
United Way of Orange County
Celebrating Over' 50 Years of Service to Harbor Area Youngsters.
Mr. Steve Hunt
Page -2-
As I mentioned to you on the telephone, I would suggest in the future we
work on an hourly rate. Total hours used Summer and Fall is 152 hours.
Summer 88 hours
Fall 64 hours
Total 152 hours
Dividing the cost of $1,321 by 152 hours gives us average hourly cost for
Utility/Maintenance. That average is $9.00 per hour of use.
Please consider this letter as your invoice for Utility/Maintenance
proportional use cost- ($1,321). In the future, I recommend we use $9.00 per
hour as a sound average for utility and maintenance. Anything that comes up as a
special maintenance charge will be billed in addition to the average $9.00 per
hour charge.
Should you have any questions regarding this letter invoice, please give
me a call at 642 -2245.
C
RP:nc
mainv
u
Sincerely,
Richard Power
Executive Director
n
u
C
E
1
L E A S E
(BOYS' CLUB)
Eastbluff Park
.v!'1
boa
t Q.
rs-
2
4 THIS LEASE, made and entered into this 30 LLI
I day of
5 - -e,;_4 4.M , 1971, by and between the CITY OF NEWPORT BEACH, a
6 chartered municipal corporation, hereinafter referred to as
n "Lessor," and the BOYS' CLUB or THE HARBOR AREA•, a California non -
8 profit hereinafter er referred to as "
- Lessee ";
au R E C I T A L S
�•1 A. The City of Newport Beach holds title to the L••astbluft
12 Park tinder a grant deed from The Irvine Company dated May 7, 1965,
13 and recorded May 17, 1965 as Document 11760 in Book 7522, pages
14 161 -166 inclusive, Official Records of Orange County. A copy of
15 said deed, designated Exhibit "A ", is attached hereto and is incot-
16 porated herein by•reference.
17 B. Lessee is a non - profit corporation organized under.
3.8 Title 12, Part 9, Division 1 of the Civil Code, of the State of
29 California, for the
principal purpose of constructing, operating
20 and maintaining recreational centers for boys.
?1 C. Lessee has requested that Lessor enter into a .lease
22 with Lessee for a site to be used for the construction of a
23 recreation center in Eastbluff. Park, in the location shown on the
24 drawing which is designated Exhibit "B ", attached hereto and
25 incorporated herein by reference.
2 6
' .
D. Lessor proposes to lease to Lessee the premises here -
27 inafter described, and Lessee is willing to accept said lease on
28 the terms and conditions hereinafter set.forth and agrees to
29 construct a recreation building on said site and to operate said
$0 building in accordance with the terms and conditions of this. le.ase.'
31 E. It is the intention of Lessee to develop an athletic
32 and educational program which among other things will train boys in
such subjects as handicrafts, citizenship, sports and spor.tsmonshi
2 The £ acilities to be constructed on the site will be available to
3 boys regardless of their place of residence. In addition, rccog-
4 nized church, civic and youth groups will be allowed to use the
5 facilities when they are not in use by members of the Boys' club i
6 accordance with rules and regulations which have been approved by
7 the City Manager. '
o F. Lessee is willing to accept a lease of said premises
9 and is willing to construct and maintain said recreational buildinc
3.0 and to furnish the necessary trained personnel to operate the
31 facility;
3.311 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
14 hereinafter set forth, it is agreed as follows:
15 I, DrSCRIPTION OF_LBASED PREMISES
16 Lessor hereby leases, and Iossec does hereby
46 17 accept a lease of Cho proparLy hci•ci.nafLCr closcribcd :u; shown on
18 Exhibit "B ":
19
That portion of LBlock 52 of Irvine's Subdivision in
the City
?,0
of Newport Beach, County of ,Orange, State
of California-, as
per map recorded in Book i., page 88,
of Miscellaneous Record Maps in the
21'
office of the
County Recorder of said County, described as follows:
22
BEGINNING at the intersection of the center line of
Vista
23
del Oro (60 feet wide) with the center line of
Vista del
Sol (130 feet wide) as said intersection is
shown
?4
on a map of Tract No. 5463 recorded in Book 195,
41
pages to 44 inclusive of Miscellaneous Maps, Records
of said
a$
County; thence North 25 °47100" East 100.00 foot
along said
center line of Vista del Oro to the
beginning
26
of a curve concave westerly having a radius
of 430.00 feet; thence
27
northeasterly, northerly, and
northwesterly 346.40 feet along said curve
through an
angle of 46 009122" to a point on said center li6e
?73
of
Vista del Oro; thence South 69 037138" West 30.00 feet
said point t westerly s Vista
29
Point Oro,
astmentionedpoint being theTruePoi d
Beginning; thence 001155"
South 61 West 163.50 feet;
thence South 28 °58'05"
30
East 123.50 feet, thence
North 61 °01'55" Last 123.53 feet
31
more'or less to a
point in the said westerly line of Vista de]. Oro,
thence northerly and northwesterly 130.38 feet more
32
or less along said westerly line of Vista del Oro along
a curve - concave westerly having a radius of 400.00 feet'
to the true
point of beginning,.
-2=
U
L]
E
1 II. TERM
2 The term of this ,Lease shall be for a period of
3 twenty -five (25) years, COmnencing on the 30th day of June_
4 1971, unless sooner terminated in the manner hereinafter provided.
5 in approving this Lease, the city council takes note of the fact
6 that Section 420 Of the City Charter limits any lease of City
T property to a maximum term of 25 years without a vote of the peopl
8, approving a longer term. It is contemplated that at the end of th
g initial 25 -year ,term of this Lease the lessee will seek renewal of
10 the Lease. It is the understanding of the City Council that the
71 City Council in office at the end of the initial term of this Leas..
:.2 will give every consideration to a request- by the: Lessee for an
13 extension Of the term of the Lease.
3.4 III. CONSTRUCTION OL' DUILDING
15 Lessee shall, within twenL'y -Lour (2.1) months fr.Om
16 the dato of execution of this I,case, commence tile construction oC
1T suitable building upon the premises above described, in accordance
18 with specifications which have been approved by the city Council,
3.9 and shall diligently prosecute the same to completion. In the event
20 that unforeseen contingencies arise, causing any delay in
21 construction, it is agreed that said 24 -month period may be extended
22 a reasonable period of time, depending upon the nature and length or
23 the delay sO, caused. Lessee shall reimburse Lessor for any damage
done to landscaping and other improvements on the site which may
23 occur as a result of the construction and use of thO building and
26 'other facilities by Lessee.
27 IV. RENTAL
28 Lessee shall pay to Lessor,. and Lessor shall accept
28 as rental for said demised premises and•any facilities constructed
30 thereon, the sum of One Dollar ($1.00) per year.
31 V. USE
32 Lessee shall use the demised
premises, together
-3- •' . .
3
0
LJ
0
1 with the building and facilities located' thereon, for the purpose
2 of managing, operating and conducting a boys' club facility for
3 purpose of instructing boys and young men in athletics, handicraft
4 and sportsmanship. In carrying out the foregoing duties and
6 responsibilities, Lessee shall at all tithes be subject to the
pow.
8 of supervision and control retaine'd'by Lessor under the provisions
i' of Paragraph IX hereof. In and as a part of its duties in managin
0 and operating said boys' club facility, Lessee shall not discrimi-
nate as to race, color, or creed, subject to the normal rules and
10 operating procedures of the Boys' Club.
11 VI. USE AS .A COMMUNITY CENTER BY OTRBR OROAN12p1q, _IORSL
12 When the premises and building are not in use by
13 the Lessee, the premises and building shall be available for use a:
14 a community center by the city Parks, Beaches and Recreation
1G Department on a first- priority basis, and by recognised church,
SG social, cultural .'civic and youth Y groups in accordance with r0ason-
17 able rules and re ulaL•ion:; ;
9 to �c osLetbl.inhed l,ty 1.e snot:, tiiL•It l:hc
18 approval of the City Manager. Lessee is authorized to charge a
X9 reasonable fee to cover maintenance costs to groups and organiza-
20 tions, other than the City, for the use of the
—��' premises and
21 building.
22 Until construction of the Boys' Club building is
23 ready to commence, the public shall continue to have the right to
,
,24 enter upon and use the subject portion of Eastbluff Park, and the
25 City shall have the right to enter upon,and maintain said property.
26 VII. TIME OF OPERATIONS
RATIONS
27 Lessee shall keep the•demised'premises open for use
23 daring such periods of time as may be mutually agreed upon by
28 .Lessee and the City Manager, and shall not close said premises from
30 use or alter the type of services provided or facilities offered,
31 without first obtaining the approval of said city Manager.
32 //
-4-
0
0
0
:L VIII. •,BUSINESS ACTIVIT.T.L'S
Lessee shall: not grant any concession, license,
3 permit or privilege for the conduct of any busi.nes:: or other
9 operation for profit on the demised premises without the prior
S approval of the City Manager.
IX. SUPERVISORY COfgTROL
n
Lessor retains the power to exercise supervisory
control over the use and operation of the leased, premi.ses . by Le;aa
g with the right to enforce such ruler, regulations and orders as mi.
10 be necessary in order to obtain compliance by Lessee with the tern
11 and conditions of Paragraphs VI and VII hereof. Lessee agrees to
12 comply, subject to the provisions of Paragraph Xv22, with any such
5.3 rules, regulations or orders. Any breach by Lescee of the terms
14 and conditions of this paragraph, o.r, .Paragraphs VI, and V.17•, may be
1.5 Ereated.by Lessor as a breach of condition, breath of covenant, or
16 both, and shall con: ;titute grounds for Lcrmination cr 1, this
17 71. UT.lLTT1ES Arm Z!12 S
."•.8 Lessee shall promptly pay for all utility services
19 furnished to it and shall pay before delinquent any generai',and
.20 special taxes or assessments or. other governmental charges, if Inv,
21 which'may be levied on the demised premises or fu'
ni. ^,pings therein,
22 or improvements thereon, or any possessory inter.•not therein arising
23 out of or based upon the .leasehold interest throughout the term
n4 hereof, or may be imposed upon Lessee as a result of its operations,
,35 under the Lease. Satisfactory evidence. of such, payments shall be
%%S delivered to Lessor upon demand therefor.
P7 XI. RELOCATION OF EXISTING FACILITIES
28 Lessee shall be responsibly for all costs of
29 relocating existing City -owned facilities, including sprinkling
30 system and playground equipment.
31 XII. INSURANCL•'. HOLD HARMLESS
U2 Lessee shall save and keep Lessor, its officers,
0
k
1 agents and employees free and harmless from any and all claims or
2 demands of any name or nature Whatsoever arising out of, or inciden
3 to, the use and occupancy of the premises herein described by Lesse
4 In partial performance of this obligation by Lessee, Lessee shall
5 procure and at Dll times during the term of this Lease maintain in
6 ful'1 force and effect a policy, or policies, of public liability an(
7 property damage insurance protecting the City' of Newport.Beach, its
8 officers, agents and employees from all claims or demands 1•or.
9 damages. The policy, or policies, shall provide.for not less than
10 Two Hundred Thousand Dollars ($200,000.00) for injury or cleath of
11 one person; Five Hundred Thousand Dollars ($500,000.00) for injury
3.2 or death of two or more persons; and Fifty Thousand Dollars
3.3 ($50,000.00) for damages to property. The City Manager may require
14 an increase in the amount of insurance from time to time in
16 accordance with changes in economic conditions. Attaclied to saicl
16 policy shall be an endornomcnt which shall provide as follows:
ryW
"Within the .limits set fortl•i in this policy, to
18 indemnify and save the City of Newport Beach, its officers,
a9, agents and employees, free and'harmless from all damage,
?0 claim, loss or liability of any name or, nature whatsoever
21. which the City of Newport Beach, its officers, agents or
22 employees may hereafter sustain or incur, or may be imposed
�3 upon them, arising out of, or in any way connected with, the
24 use or occupancy by the insured, its servants, agents and
25 employees, of the premises described in a lease granted to
?.6 insured by the City of Newport Beach."
27 Lessee shall furnish, and maintain with the Lessor,
28 either the original policy, or policies, or a certified copy, or
?.9 copies, thereof. The policy, or policies, shall be approved as to
30 sufficiency by the City Manager and as to form by the City Attorney,
31 XIII. LIENS AND CLAIMS
32 t�. Lessee shall not suffer or permit: to be
• L
21
enforced against•the leased land, or any part thereof-, any mechanic
materialmen's, contractors' or subcontractors' liens arising from,
or any claim for damage growing ouL of, the work of any construcLic
repair, restoration, replacement or. improvement, or any other clair,
-7-
5 or demand howsoever the same may arise, but Lessee shall pay or
6 cause to be paid all of said liens, claims or demands before
any
7
action is brought to enforce the same against said land; and Lessee
8
agrees to indemnify and hold Lessor and said land free and harmless
g
from all liability for any and all such liens, claims and demands,
•10
together with reasonable attorney's fees and all costs and expenses
11
in connection therewith. Notwithstanding anything to the
contrary
1?
hereinabove contained in this Paragraph I
g p lI, if Lessee shall in
13
goof
faith contest the validity of any such lien, claim o,• demand, then
14
Lessee shall, at its expense, defend itself and Lessor. against the
15
same and shall pay and satisfy any adverse judgment that be
16
may
17
rendered thereon before the enforcement thereof against I,essor ur
the leased land, upon the condition that' if Lessor shall
18
require,
Lessee shall furnish to Lessor a surety bond satisfactory to Lessor.
19
in an amount equal to such contested lien, claim or demand,
20
indemnifying Lessor against liability for the
21
same, and holding the,
leased land free from the effect of such lien or claim, or if the
2�
Lessor shall request, Lessee shall procure and record the bond
23
provided for in Section 1193.2 of the California Code of -Civil
24
Procedure,,or any comparable statute hereafter enacted providing
05
`
for a bond freeing the leased land from the effect of such lien
25
or
claim or action thereon.
27
D. Before the commencement of any wort; of
?8
construction of any building, structure or other improvement
on the
29
leased land, or of any substantial repairs, alterations, additions,
00
replacement or restoration in' and about said premises as herein
37,
provided, Lessee shall give to Lessor written notice thereof,
•
32
specifying the.nabure and location of tile' intended work and the
-7-
�J
0
\J
1I expected date of. commencement thereof. At the Icquest of Lessor,
2 Lessee shall, prior to the commencement of any such work, deposit
• 3 with Lessor a certificate or other evidence satisractory to Lessor
q that Lessee has furnished a bond, or that Lessee's building
contractor, if any, has furnished a bond in favor of Lessor, with e
6 surety approved by Lessor, guaranteeing the completion of said work
7 free and clear of all subcontractors', mechanics' and matcrialmen'e
B liens. Lessor reserves the right at any time and from time to Unic
.9 to post and maintain on said land such notices' -as may be necessary
10 'to protect Lessor against liability for all such liens and claims.
11 XIV. MAINTENANCE OF LA14DSCAPING AND IMPROVEMENTS
12 A. Lessee to Maintain All LandscaujM, Buildings
13 and Improvements
14 Lessee covenants and agrees that during the terr
15 of this Lease it will, at i.Ls own cost and expense, maintain LL•e
16 grounds, landscaping,. and all buildings, and any othor improvawcnts
17 of any kind or nat:urc constructed or installed on tho leased
Premise
18 by the Lessee, at a high standard Of maintenance and repair.
•19 Maintenance shall include painting. Lessee covenants and agreos
•20 that the westerly ten (10) feet, the southerly ten (10) feet, and
21 the northerly five (5) feet of said pro arty as d•�s.
} P c•ribed In
22 Paragraph I hereinabove will be used solely and exclusively for
,23 pedestrian walks and landscaping.
24 Lessee agrees to submit a larudsca in
• P� 4 plan
249 which shall be subject to approval by the Parks, Beaches and'
26 Recreation Director and 'the Community Development Director., or their
27 designated representatives. Lessee shall install and maintain
28 landscaping on the premises in accordance with the approved plan.
29 The entire premises, including the building, shall be maintained in
30 a neat and orderly condition.
31
32.
H
•
1 A. ,Lessor Dlav Blect to lleP air und' maintain
at
2
Gxocnse of.iessec
3
If, in the judgment of the Lessor, such
A
standards of maintenance and repair are not being maintained, it
5
may at its option, after written notice thereof to the Lessee and
6
Lessee's failure to commence in good faith to remedy the same with.
^
the time herein provided and thereafter diligently
prosecute the
8
same to completion, elect to correct any deficiency, whether it be
9
in reference to grounds, landscaping, building or improvements.
10
Lessee covenants and agrees to pay to the Lessor on demand any
1.1
and
all sums expended by it in correcting any such deficiency together
12
with an equal sum as liquidated damages by reason
of Lessee's
13
failure to perform and keep this covenant. If, in the judgment
14'
of the Lessor, the disrepair or lack of maintenance
15
constitutes an
emergency, the notice herein Provided shall be it 29 -hour to
16
notice
remedy; in all other cases it shall-be a 5 -day notice.
17
C.
Lessor's 12ioht of 7nsnecti o_n
18
Lessor .reserves the right by its authorized
'!•9
agents, employees or representatives to enter the leased premises
20
II
to inspect the same or any part thereof at any time and to attend I
21
to or protect the Lessor's interest under this Lease.
,COm li.ance with Laws, ordinances and
23
Regulations
. 24
Lessee covenants and agrees to comply with all
25
rules, regulations, statutes, ordinances and laws
of the State of
26
California, County of Orange, the City of NewportDeach, or
any
27
other governmental body or agency having lawful jurisdiction
28
over
the'le,ased premises or the business, enterprises,
or activities
' 29
conducted thereon. ,
30
Xv. PARKING
31
Lessee shall improve and maintain not less than
32 thirteen (13) off - street parking spaces on or immediately adjacent
0
L
J
a
El
Expense of Lessee
Lessor May Elect to Repair .utd Maintain at
5 If, in the judgment of the Lessor, such
4 standards of maintenance and repair are not being maintained, it
5 may at its option, after written notice thereof' to the Lessee and
6 Lessee's failure to commence in good faith to remedy the same withi
7 the time herein provided and thereafter diligently prosecute the
8 same to completion, elect to correct any deficiency, whether it be
9 in reference to grounds, landscaping, building or improvements.
10 Lessee covenants and agrees to pay to the Lessor on demand any and
3.1 all sums expended by it in correcting any such deficiency together
12 with an equal sum as liquidated damages b
9 y reason of Lessee's
a3 failure to perform and keep this covenant. If, in the
judgment-
14 of the Lessor, the disrepair or lack of maintenance constitutes ail
15 emergency, the notice herein
Provided shall be a 24-hour notice to
a6 remedy; in all other cases it shall be a 5 -day notice.
17
C. Lessor's Riqht of Inspection
3.8 Lessor reserves the right by its authorized
3.9 agents, employees or representatives to enter the leased premises
20 to inspect the same or any part thereof at any time and to attend
21 to or protect the Lessor's interest under this Lease.
22 D. Compliance with Taws, Ordinances end
20 Regulations
24 Lessee covenants and agrees to comply with all
26 rules, regulations, statutes, ordinances and laws of the State of
26 California, County of Orange, the City of Newport Beach, or any
27 other governmental body or agency having lawful jurisdiction over
28 the leased premises or the business, enterprises, or activities
29 conducted thereon.
30' XV. PARKING
31 Lessee shall improve and "maintain not less than,
32 thirteen (13) off - street parking spaces on or immediately adjacent
-9-
0
u
1 to the leasehold site, as approved by Lessor. Said parking spaces
2 shall be intended primarily for use in connection with operation�o
3 the Boys' Club, but shall also be available for use by the general
4 public. Said off - street parking spaces need not be located upon t'
S leasehold site; however, Lessee shall be responsible for installa-
6 tion and maintenance of all landscaping between the off-street'*
'parking area and the Boys' Club building.
8 Compliance with the foregoing off- street parking
provision shall be delayed for a period not to exceed three-(3)
10 years from the date of execution of this Lease, at which time'Lessc
21 shall have the right to request a further extension, subject to
12 review and approval by the Planning Commission.
3.3 XVI. ASSIGNMEN'1'
14 Lessee shall not assign, transfer, sublease or give
1g any grant of control of this Lease or demised premises, or any part
16 thereof, either voluntarily or involuntarily, unless first approved
17 by the City Council.
18 XVII. NON - COMPLIANCE
79 If the Lessee fails to comply with any of the terms
20 and conditions of this Lease, the Lessor may give to the Lessee a
21 notice in writing of such failure and specify therein the particular
22 in which Lessee has failed to comply with the provisions of this
23 Lease. If the Lessee fails for a period of sixty (60) days after
24 the giving of such notice to comply with the provisions of this
1~6 Lease, the Lessor may, at its option, terminate this Lease, and all
26 rights of the Lessee therein shall cease and terminate and-the
27 Lessee shall immediately thereafter deliver possession�of the
28' premises to the Lessor.
29 XVIII. RESTORATION
30 A. If during the term Hereof any building or
31 improvement erected by Lessee on the leased land, or any part
32 thereof, shall be damaged or destroyed by fire or other casualty,
-10-
•
0
1
2
3
4
5
9
10
13
15
0
Lessee shall, at its cost and expense, repair or restore the same
according to the original plans thereof, or, at Lessee's option,
Lessee may elect to replace such. building or improvement, provided
that if Lessee so elects, Lessee shall obtain the approval of
Lessor of the proposed architectural plans. Any such work of
repair, restoration or replacement shall be commenced within
one hundred and eighty (180) days after the damage or loss occurs
and shall be completed with due diligence, but not longer than
one (1) year after such work is commenced unless delay is caused
by events beyond the-control of Lessee. I£ Lessee does not wish to
repair or rebuild the improvements, it may terminate this Lease by
giving Lessor written notice of termination, and if Lessee chooses
to terminate the Lease it shall be obligated to completely .clear
and restore the building site to its originai condition.
XIX. SURRENDER OF PREMISES UPON I1XPId2AT70N OR
TERMINATION
17 Upon the expiration of the term of this Lease or
10 sooner termination thereof as herein provided, Lessee shall deliver
,151 possession of said demised premises to Lessor in the same condition
20 as delivered to Lessee, reasonable wear and tear excepted', and
21 also excepting any changes or alterations authorized or approved in
22 writing by the City Manager or City Council. Upon the expiration o
23 termination of this Lease, any additions or improvements made upon
24 the demised premises shall become the property of the Lessor unless
25 removed in their entirety by Lessee within ninety (90) days of said
26 expiration or termination.
27 XX. DEFAULT AND TERMINATION OF LEASE
28 A. Default
29 Time and each Of the terms, 'covenants and
30 conditions hereof are expressly made the essence of this Lease.
31 If the Lessee shall fail to comply with any of the
32 terms, covenants,.or condiL-ions,of this Lease, including the
-ll-
I payment of rental herein reserved, at the time and in the amount
2 herein required, 'arid shall fail to remedy such default within
3 thirty (30) days after service of a written notice from Lessor, so
4 to do if the default may be cured by the payment of money, or to
5 communce in good•faith to remedy any other default within thirty
6 (30) days and thereafter diligently prosecute the same to cumpletic
7 or if Lessee shall abandon or vacate the leased promises, Lessor
8 may, at its option, and without further notice or demand, terminate
9 )ithis Lease and enter upon the leased premises and take possession
10 thereof, and remove any and all persons therefrom with or without
11 process of law.
12
B. Surrender of Possession upon Terminntion
13
Lessee covenants and agrees that upon tl•.e
14
expiration or sooner termination of this Lease, the Lessee will
15
peaceably surrender the leased premises with all buildings and
16
improvements, in•tho same condition as when received or constructed
•
17
reasonable use and wear thereof, and damago by fire, Act of God,
10
or by the elements excepted. Any'improvements built, constructed
19
or placed upon the leased premises by the Lessee, or anyone holding
20
by, under, or through it, shall remain on the leased premises and
21
become the property of the Lessor without any cost. to Lessor upon
22
the termination of this Lease, whether by lapse of time or by reaso
23
of default, unless the Lessee elects to remove said improvements
24
within sixty (60) days following said expiration or termination.
no
C. Remedies Cumulative
20
The rights, powers, elections and remedies of
27
the Lessor contained in this Lease shall be construed as cumulative
•28
and no one of them shall be considered exclusive of the other or
' 29
exclusive of any rights or remedies allowed by law, and the
30
exercise of one or more rights, powers, elections or remedies shall
31
not impair or be deemed a waiver of Lessor's right to exercise' any
32
other.
-12-
n
•
•
n
1 D. No Waiver.
2 No delay or. omission Of the Lessor to ercrcisc
3 any right or power arising from-any omission, neglect or default• o
AI the Lessee shall impair any such right: or power or shall be
5 construed as a waiver of any such omission, neglect or default on
6 the part of the Lessee or any acquiescence therein.
rt
7 No waiver of any breach of any of the terms,
8 covenants, agreements, restrictions or conditions of this Lease
9 shall be construed as a waiver of any succeeding breach of the same
10 or of any of the terms, covenants, agreements, restrictions or
22 conditions of this Lease. .
12 E- Noldine Over
13 It is mutually agreed that if L-he Lessee shall
14 hold over after the expiration of this Lease for any cause, such
15
holding over shall be deemed a tenancy from month to month only,
16 and upon the same terms, conditions and provisions yf Lhir; Lca: ;c.
17 XXI. NOTIC13S
.23 It is mutually agreed that any notice or notices
19 provided for by this Lease or by law, to be given or served upon
20 the Lessee, may be given or served by mail, registered or
21 certified, with postage prepaid, and if intended for the City of:
22 Newport Beach, addressed to the City Manager., Newport Boach,
R3 California 92660, or at such other address as may be lereafter
24 furnished to the Lessee in writing, and if intended for the Lessee,
26 addressed to its Director,-at 2131 Tustin ]Avenue, Costa. -Mesa,
°6 California, or at such other address as may be hereafter furnished
,97 to the Lessor in writing; Or it may be served personally upon any
28 corporate officer of Lessee or
person charged with general manage -
2A ",lent responsibilities in connection with the .leased
premises; and
30 that any notice or notices provided by this Lease or by lacy to be
31 served upon Lessor may be served
Personally upon the Mayor of tlic
32 City of Newport Beach or the City Clerk of said City. Such service
-13- I ..
n
LJ
0
1
z
II
12
1S
16
17
19
20
21
22
23
25
26
27
29
5o
31
a ,
32
/71
shall be deemed, complete at the cxpiraLior, of .icrty••ei'Jht f4E1 ha:
from and after the depoSLL• in the United State mail of nu-1:
demand or communication,
IN WITNESS A'BEREOP, the parties L•arotc haiVC ere::c tf:d chi
Lease as of the day and year first above written.
CITY OF NEWPORT BEACH
M
ayor
ATTEST:
City Clark T�
LESSOR
BOYS' CLUB OF THE HARBOR AREA
Title:
Byt
TitP� _ L�_
LESSEE
-14-
n
L-A
•
AMENDMENT TO LEASE
(BOYS -CLUB)
Eastbluff Park
THIS AMENDMENT OF LEASE is made and entered into
this _/715V day of f,2__4r 36,7 1973, by and between
the CITY OF NEWPORT BEACH, a chartered municipal corporation,
hereinafter referred to as "Lessor," and the BOYS' CLUB OF
THE HARBOR AREA, a California non - profit corporation, herein-
after referred to as "Lessee ";
WHEREAS, Lessor and Lessee have heretofore entered
into a lease agreement dated June 30, 1971 for a site to be
used for the construction of a Boys' Club facility and
recreation center located in Eastbluff Park, title•to which
is in lessor; and
WHEREAS, the parties to the aforesaid lease wish to
amend said lease to increase the site area to allow for the
construction of a full size gymnasium, as hereinafter set
forth below;
NOW, THEREFORE, the parties agree that paragraph I
commencing on line 15 of page 2 of said lease, is hereby
amended to read as follows:
I. DESCRIPTION OF LEASED PREMISES
Lessor hereby leases, and Lessee does hereby
accept a lease of the property hereinafter described as shown
on Exhibit "B ": ••
Being all of Parcel 1 as shown on a map filed in
Book 38, page 9 of Parcel Maps, in the office of
the County Recorder of Orange County, California
and a portion of Block 52 of Irvine's Subdivision
as shown on a map recorded in Book 1, page 88 of
Miscellaneous Record 14aps, records of said orange
County, more particularly described as follows:
-1-
1/
u
BEGINNING at the most northerly corner of said
Parcel 1, said corner being in a curve in the
centerline of Vista del Oro as shown on said Parcel
btap, concave westerly and having a radius of 430,00
feet, a radial from said corner'bears South 690
37' 38" West, thence along the northwesterly and
southwesterly line of said Parcel 1 the following
courses: South 690 37' 38" West, 30.00 feet;
thence South 610 O1' 55" West, 163.50 feet; thence
South 28° 58' 05" East, '55.50 feet; thence leaving
said southwesterly line, South 610 01' 55" West,
36.67 feet; thence South 280 58' 051" East, 76.00
feet; thence North 610 O1' 55" East, 155.96 feet
to a point, said point being 30.00 feet westerly of
the centerline of Vista del Oro as shown on said
Parcel blap, a radial from said point bears South
89° 36' 00" West; thence radially North 890 36' 00"
East, 30.00 feet to said centerline; thence along
said centerline and said curve, 149.89 feet through
a central angle of 190 58' 22" to the POINT OF
BEGINNING.
CONTAINING,: 0.603 acres, more or less, gross.
0.504 acres, more or less, net.
IN WITNESS WHEREOF, the parties hereto have executed
• this Amendment to Lease as of the day and year first above
written.
CIS! OF NEWPORT BEACH
APPROVED AS TO FORM '..Vt4: "' J
411-
--'c 1,jayor
CITY AT��-1NEY ATTEST:
ity Clerk
LESSOR
BOYS' CLUB OF THE HARBOR AREA
By:jwC�! a'T
TitIe�: y /� 5i-'
ByY' . �r °�YU
�.t e- /�C'iti�t/�sE/'.
LESSEE
=2'
4
n
r
C
rn
A
O
A
r'R
Z
rn
C1
r
7;ZD
z
C)
Z
r-r
TI
A
S
C
• I
G
0
ti
t
O
c
I V
Y
J
J1A�
O C N
G
N 3
� O
s
ff
r
m
n
3 s _
5vzv�cc j� "•,�
.. r,
®rk
0
�f
O
D
s
m
II '
N
A� O
rn
rl -1
n �
E �
� z
s
a°
a
y
a
L
a
a
D
I"
'o
A rt
i m fm
N
s
r
Rip
n
LJ
Agenda Item No.J_—q
March 3, 1998
To: Parks, Beaches and Recreation Commission
From:" General Services Director
Subject: Inspiration Point Handrail
Recommendation
To approve the color, black, of the newly constructed handrail at Inspiration
Point.
Discussion
The Commission, at the September 2, 1997 meeting, approved the installation
of a bronze colored handrail for .the walkway at Inspiration Point that leads
from the upper observation area to the beach.
• Staff contracted for the work to be done with bronze color handrail at a cost of
$10,571. The contractor inadvertently installed a black handrail. The
contractor is willing to give a $3,325 credit in restitution to be used in replacing
fencing at the top of Inspiration Point as well as funding a safety fence along
the Ocean Boulevard •walkway east of Inspiration Point. Staff feels that this
solution is acceptable since the black color will eventually fade and there have
not been any complaints from the public. Staff will present photographs of the
area at the Commission meeting.
A copy of this correspondence has been forwarded to the City Arts
Commission.
Very respectfully,
David E. Niederhaus
DEN/MGIJpw
E
F
•
Agenda Item No.v =1 D
March 3, 1998
To: Parks,, Beaches and Recreation Commission
From: General Services Director
Subject: Fence for Ocean Boulevard
Recommendation
To approve the installation of a 460 foot fence along the sidewalk and adjacent
to the bluff east of Inspiration Point.
Discussion
Staff received a request from the Lauren Farley, the City's Risk Manager to
install a fence along the sidewalk east of Inspiration Point to reduce any
potential liability to the City. A representative of the Corona del Mar
Residents Association had conveyed to Ms. Farley that an elderly woman had
recently fallen on the sidewalk at the site and almost went over the
embankment. , The Association feels that a potential hazard exists at this
location.
The fence that is proposed would be similar to the fence at Inspiration Point
with posts approximately 42" high with two strands of cable. The cost of the
fence is estimated at $1550. Staff will present photographs of the area at the
Commission meeting. The project will be funded from the Park Improvement
Program.
Corona del Mar Resident's Association
neighbors, and Ms. Farley will receive a
March 3 Commission meeting.
Very respectfully,
r 0� .
David E. Niederhaus
DEN/MGL/pw
President Phil Sansone, the adjacent
copy of this report and a notice of the
0
Agenda Item No.\] - l D
March 3, 1998
To: Parks, Beaches and Recreation Commission
From: General Services Director
Subject: Inspiration Point Landscaping
Recommendation
To approve the planting of California native plants that will attain a maximum
height of two feet at Inspiration Point.
'Discussion
Staff received the attached correspondence from Mr. Bruce Colbert requesting
that the re- landscaping of Inspiration Point be presented again to the
Commission to clarify the issue of plant height. Mr. Colbert states in his letter
• that he and residents requested, at the January 6, 1998 Commission meeting,
that the new plants attain a maximum height of one foot, so as not to impede
views.
The selection of California plants that have been ordered by staff are expected
to attain a height of between one to two feet in about two years based on the
existing seacoast conditions. These plants offer a variety of flower color and
growth habit to achieve an attractive, functional, and low maintenance
landscape. Additionally, the one to two foot height of these plants will
discourage access to the bluff by the public. Staff is currently exploring
available substitute plants with the California native, plant nursery that would
only attain a height of one foot, however these plants may not be available nor
may the plants flourish in the ocean front environment.
Mr. Colbert and the adjacent neighbors will receive a copy of this report and a
notice of the March 3 Commission meeting.
Very respectfully,
David E. Nied'erhaus
DEN/MGL/pw
• Attachment
RECEIVED
Bruce Colbert FEB 19 1998
Corona s
del Mar, Avenue
92625 CAS PARKS /..;
February 16, 1998
Mr. David E. Niederhaus
General Services Director
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Niederhaus:
Thank you for your letter of February 12, 1998 regarding the landscaping at Inspiration Point.
It appears that the landscaping being ordered for Inspiration Point is not what was agreed on at
the January 6, 1998 Parks, Beaches and Recreation Commission meeting and is not what
residents in Corona del Mar have requested. I am requesting that the ocean bluff re- landscaping
issue be placed on the Agenda of the next Commission meeting so that we might revisit the topic
and find a workable planting approach.
Issues that should be addressed are:
• Plant height - At a November 19, 1997 meeting with 'Marci Lomeli and Randy
Kearns at Inspiration Point, we agreed that two -foot high plants would still
obstruct views and agreed to plant vegetation that would be no higher than one -
foot. For perspective, at a February 4, 1998 meeting with Greg Lewis and
resident Helen Anderson, we measured a two -foot height on the existing fence
and found it to be halfway between the two cables. Residents have asked that
vegetation be no higher than the railroad ties, which is less than one -foot in'
height. For people looking down at the beach, two -foot high plants create
significant obstructions.
• Safety - While it was agreed at the January 6th Commission meeting that a fence
would be needed as prudent to reduce risk, the type of fence that was agreed to
was to be as unobtrusive as possible. To keep the issue of risk in perspective,
according to City staff, the plants on order for Inspiration Point were selected for
their ability to keep people from walking down all sides of the bluff as a shortcut
to the beach. Furthermore, the slopes below Inspiration Point were recommended
for hydroseeding to control erosion. Using plants to discourage foot traffic
appears to be discretionary, and should at least meet the goal that started the
whole re- landscaping issue, that goal being the restoration of scenic views from
• the parks.
Mr. David E. Niederhaus
February 16, 1998
Page 2
Maintenance - Your February 12th letter assures that staff will monitor the
progress of plant growth and maintenance. At the January 6th Commission
meeting, it was agreed that the plants selected not require constant trimming,
maintenance, and attention, stressing the need to get the re- landscaping right thb
first time. Expensive maintenance could be avoided through proper selection of
plants. There are many landscape architects, horticulturalists, botanists, and
nursery specialists in Orange County that could recommend specific native plants
lower than one -foot that could grow on the site.
Adjustment of Plant Order - The plants do order that are higher than one -foot
simply should be replaced with lower - growing plants. If agreement on a planting
approach is reached at the March 3, 1,998 Commission meeting, the Department
ought to complete its re- landscaping work by ordering additional plants to 'replace
vegetation that requires constant trimming and maintenance at Little Corona and
at Lookout Point. Since the landscaping order for Inspiration Point costs only
$500, spending $1,500 to complete the restoration of the parks does not appear
excessive.
I would appreciate your bringing to the March 3, 1998. Commission meeting the photographs
that I provided, which show the landscaping at the ocean bluff parks, together with copies of my
letters regarding this matter.
Sincerely,
zz'V-
Bruce Colbert
BC/if
E
9
Bruce Colbert
4231/2 Iris Avenue
Corona del Mar, CA 92625
February 17, 1998
Mr. Bill.Schonlau, Chair
Parks, Beaches and' Recreation Commission
Sun City Motel
27680 Encanto•Dr., Room 103
Sun City, CA 92586
Dear Mr. Schonlau:
I would like to revisit the issue of re- landscaping at Corona del Mar's ocean bluff
parks, as we discussed by telephone today. I've attached related letters sentxo David
Niederhaus, together with photographs of Inspiration Point, to provide a better
understanding of the site. Would you add this topic to the Agenda of the March 3,
1998, Parks, Beaches and Recreation Commission meeting?
Sincerely, ,D/
&J tea- G�Ullve-
Bruce Colbert
•
• Bruce Colbert
423 1/2 Iris Avenue
Corona del Mar, CA 92625,
February 16, 1998
Mr. David E. Niederhaus
General Services Director
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Niederhaus:
Thank you for your letter of February 12, 1998 regarding the landscaping.at Inspiration Point.
It appears that the landscaping being ordered for Inspiration Point is not what was agreed on at
the January 6, 1998 Parks, Beaches and Recreation Commission meeting and is not what
residents in Corona del Mar have requested. I am requesting that the ocean bluff re- landscaping
issue be placed on the Agenda of the next Commission meeting so that we might revisit the topic
• and find a workable planting approach.
Issues that should be addressed are:
• Plant height - At a November 19, 1997 meeting with Marci Lomeli and Randy
Kearns at Inspiration Point, we -agreed that two -foot high plants would still
obstruct views and agreed to plant vegetation that would be no higher than one -
foot. For perspective, at a February 4, 1998 meeting with Greg Lewis and
resident Helen Anderson, we measured a two -foot height on the existing fence
and found it to be halfway between the two cables. Residents have asked that
vegetation be no 'higher than the railroad ties, which is less than one -foot in
height. For people looking down at the beach,' two -foot high plants create
significant obstructions.
• Safety - While it was agreed at the January 6th Commission meeting that a fence
would be needed as prudent to reduce risk, the type of fence that was agreed to
was to be as unobtrusive as possible. To keep the issue of risk in perspective,
according to City, staff, the plants on order for Inspiration Point were selected for
their ability to keep people from walking down all sides of the bluff as a shortcut
to the beach. Furthermore, the slopes below Inspiration Point were recommended
for hydroseeding to control erosion. 'Using plants to discourage foot traffic
appears to be discretionary, and should at least meet the, goal that started the
. whole re- landscaping issue, that goal being the restoration of scenic views from
the parks.
Mr. David E. Niederhaus
• February 16, 1998
Page 2
• Maintenance - Your February 12th letter assures that staff will monitor the
progress of plant growth and maintenance. At the January 6th Commission
meeting, it was agreed that the plants selected not require constant trimming,
maintenance, and attention, stressing the need to get the re- landscaping right the
first time. Expensive maintenance could be avoided through proper selection of
plants. There are many landscape architects, horticulturalists, botanists, and
nursery specialists in Orange County that could recommend specific native plants
lower than one -foot that could grow on the site.
• Adjustment of Plant Order - The plants on order that are higher than one -foot
simply should be replaced with lower- growing plants. If agreement on a planting
approach is reached at the March 3, 1998 Commission meeting, the Department
ought to complete its re- landscaping work by ordering additional plants to replace
vegetation that requires constant trimming and maintenance at Little Corona and
at Lookout Point. Since the landscaping order for Inspiration Point costs only
$500, spending $1,500 to complete the restoration of the parks does not appear
excessive.
• I would appreciate your bringing to the March 3, 1998 Commission meeting the photographs
that I provided, which show the landscaping at the ocean-bluff parks, together with copies of my
letters regarding this matter.
Sincerely,
G.�tr�
Bruce Colbert
BC /jf
•
•
2 -13 -1998 2: 1 TP•t FROM' GENERAL SERvICES 714 650 0747 P. 1
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
February 12, 1998
Mr. Bruce Colbert
423 1/2 Iris Avenue
Corona del Mar, California 9262-0
Dear Mr. Colbert,
Thank you for your letter of February 4, 1998 and your interest in the
landscaping at Inspiration Point.
To date the original mix of plants have been ordered. The selection includes
• plants that will attain heights between one and two feet. " This height is
necessary to discourage access to the bluff from the fence side. The selection,
while allowing for an improved view of the ocean, will also ensure an aesthetic
mix of color and are a more hardy species than the ground cover specie you
recommended. Staff will monitor the progress of plant growth and the
maintenance.
If you have any additional questions please contact Marcelino G. Lomeli, Park
and Trees Maintenance Superintendent at 644 -3069.
Sincerely,
David E. Niederhaus
General Services Director
DF,N/MGUpw
Fax Note 7671 oats,- 141qS' pages
— — 1 16TA4 t h Lax .ml,
Co; Deft .•..• p• � c:.r uru�
• an�na q Phoi °�L �'�' - 7C�Ca "L
3300 Newport Boulevard, Newport Beach
Bruce Colbert
• 4231/2 Iris Avenue
Corona del Mar, CA 92625
February 4, 1998
Mr. David E. Niederhaus
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Niederhaus:
In order to get the park planting right the first time, and to avoid having to show additional, less
than favorable photo boards to the Parks, Beaches and Recreation Commission, I would like to
recommend some adjustments to the January 28th General Services Dept. order to Tree of Life
for landscaping at Inspiration Point. The selection of plants to be ordered should follow the
primary reason for re- landscaping Inspiration Point, Little Corona, and Lookout Point, which,
according to the Parks Commission, is to restore ocean views that have become obstructed by
vegetation. At my November 19, 1997 meeting with Marci Lomeli, Randy Kearns, and a
representative from a hydroseeding firm at Inspiration Point, we agreed that plants of two feet or
higher would defeat the purpose of improving the scenic'views from the park, and agreed to plant
prostrate manzanita containers across the perimeter of the park where the ground is flat, and
agreed to remove Golden Yarrow from the hydroseeding Beach Mix because of its two -foot height.
While the desire to have a more diverse plant mix to add color on the site and to see which plants
survive is reasonable, the mix should be limited to plants of one -foot or lower. That mix would
include:
Epilobium catalina - Catalina Fuchsia
Erigeron glaucus - Seaside Daisy
Arctostaphylos Point Reyes - Manzanita (lower growing manzanita, available from Tree
of Life, to replace Pacific Mist Manzanita on the order)
These plants would not require constant maintenance or trimming, yet still would provide color,
native plant diversity, soil stabilization, and view enhancement.
I appreciate your efforts to improve the City of Newport Beach's parks. Please make the necessary
adjustments to your order. I'm sure that this request will be a win -win outcome for everyone.
Sincerely,
zil�
• Bruce Colbert
cc: Marcelino G. Lomeli
Cldn rUF.IHH IId.G IU:714642,7Ui2 FE'D Uu' Ic 1D:43 No .002 P.01
Post -it" Fax Note 7671
Date z-3-7
a "pii"s� I
7o ry of
-
From(rteq
CoMapl. (".bm 1
A�Lvw)
Co. c &Y- .1&. C. ,
Pnono a 7- 15
Phony a(o y o S
Fox" 4 • e+¢
Fexa Grp- 07,Y•7
Suggested Vendor;
Tree of Life
58201 o�rtetta Highway
Peat office Box 835
San Juan Cagiatrano, Californis; 92693
Fax; (714) 728 -0509 Rebecca MAI 79A.nAAC
City of
NEWPORT`
BJC: ICH
Date: January, fr;8, 1998
Dept: General 8ervicoa •,parka
City of Newport; Beach
592 Superior Avenue
Newport Beach, California 92683
Quentity
Descriatlon_ of Artistes or SaMoes Required � Unk pmt
California Native plants
.,.��y ,.�,.,G,.
Amount
t r ��i o4s•suna
BUd 'et 11
50
5
20
Arotosta hylos, PaeMo Mist 1 gallon size $3.00
Agave shawii 1 Alton size
Ensile caltforaiay� I'Puan size $2.65
Epilobtum ca {alma 1 gallon size $2.85
$150.00
$33.00
'$67.00
$67,00
$67,00
701503170043
20
laucus "Arthur Menzies" 1 gaIIon $2.85
parvifollum 1 gallon size $2.86
$67,00
un icaus 1 gallon size. $2.85'
$28,50
"Ildpr,on
itera'Tara Sava" 1 nllon size $2:50
$60,00
alii'ornicn "Moatara" t �alloa size i $1.45
29.00
comments: Sole source vendor, see attached sub Total: $818:60
Tax $40,18
Total: $558.88
Gate RsgUlred: Ap F,O,g, Nat 3o, ds s
Cade AM t
7015C3170043
$55
_._.
pproved apartment Heed or authorized person)
Administrative Services Dopertment Authorization
Odmlrilnfrnflve
•
0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
December 8, 1997
Mr. Bruce Colbert
423 1/2 Iris Avenue
Corona del Mar, California 92625
Dear Mr. Colbert,
This letter is in response to your correspondence dated November 24, 1997
regarding several view obstructions caused by City landscape in Corona del
Mar.
Staff will be presenting a plan for the trimming, plant removal, and re-
landscaping to the Parks, Beaches and Recreation Commission meeting of
January 6, 1998. A copy of the Commission meeting agenda and staff report
will be mailed to you in the next few weeks.
Please contact me at 644 -3069 if you have any questions.
Sincerely, �� , �cE,_j �� uv✓� L— �G� f���C �ry {.�
Marcelino -G. Lomeli
Park and Trees Maintenance Superintendent
MGLIpw
3300 Newport Boulevard, Newport Beach
Bruce Colbert
423 1/2 Iris 4venue
Corona del Mar, CA 92625
November 24, 1991'
Mr. Marcelino G. Lomeli
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Lomeli:
Thank you for your continuous upgrading of the landscaping in the City of Newport Beach's
parks.
I am writing to bring to your attention three ocean bluff ,parks that have become overgrown to
the point that landscaping is obstructing views of the ocean. The three attached photo boards
show how bushes have overgrown Inspiration Point, Little Corona, and Lookout Point, blocking
the views from the park benches. The photo boards also illustrate the ocean vistas that would
be restored if the bushes were removed.
While there are many parks inland to enjoy shrubbery and trees, the ocean bluff parks are the
only ones that provide the opportunity to enjoy the ocean splendor.
Both the scenic views and the native landscaping could be preserved by replacing all of the
bushes in front of the benches with Arctostaphylos Point Reyes, Arctostaphylos Carmel Sur, or
other low- growing native plants. In addition, the area in front of the park bench at Little Corona
could be recontoured before replanting to afford a greater ocean view for people seated at the
bench.
d would, appreciate your letting me know how you plan to restore the views at the three parks.
Please feel free to contact me at (714) 673 -5415.
Sincerely,
• Bruce Colbert
OR
ol
Item V -10
March 3, 1998
ty ��
t� y ♦ iY.
Vr
-Awn Am -
�11�i►
INS
y w.
�idn PoECHR�D4G ID:714)5431li-1 2 FEE 0 '9�: 1a :43 110 0_ P.01
• -
(I
Suggested Vendor:
Tree of Life
83261 Orte n Eighwa
Post office BOX 635
San Juan Ca»istrano, California: 92693
Fax: (71'4) 728.0509 Rebecca r71A% 79A.nnP=
Post-it' Fax Note 7671
Data -3 %
�B jar►
70, ry o'
From / r e w i
Co./Dept. GAm • 1
co. C' l r� drew 6c h.
Phonon 7" S' 1 ,�—
Phone # 61 Oil- O$
Fax# 3" s-p
Fax# 65.0- 07yy
City of
NEtNPORT `
BIMCH
Date: January ai 1888
Dept: General Services • parka
City, of N$Wport Beach
592 Superior Avenue
Newport Beach, California 92883
cuantlt
Descri tion of Arllclee cr Services Required Unit Amt
California Native Planta
Amount Budget #
60
6
20
20
Arctosta tos, Pacific Miat 1 gallon size $3.00
Agave ahawii 1 alien size $6.50
Encel{e californiCy� 1 gallon size $2.85
8pilobiunl Catalina 1 gallon size $2,35
laucus "Arthur Menzies" 1 gallon $2,85
$150A0
$33.00
$57.00
$67.00
$57,00
701503170043
parvifolium i gallon size $2,86
$67,00
uaicaus i gallon size. $2,85
_ $28.50
itera "Tara Seca" 1 alloa size
$60.00californicn
M�,dger
"Montana" rY�allon size f S1.45
29.00
Comments: Sole source vendor, see attached sub Total: $618.60
Tax $40.18
Total: $558.88
Gate Required: Ap p,q,g, Net 30 do s
Code
Am t
7015C3170043
pproved apartment Heed or authorized Perron)
Administrative Services Department Z horizatiori
0
L .J
u
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
December 8, 1997
Mr. Bruce Colbert
423 1/2 Iris Avenue
Corona del Mar, California 92625
Dear Mr. Colbert,
This letter is in response to your correspondence dated November 24, 1997
regarding several view obstructions caused by City landscape in Corona del
Mar.
Staff will be presenting a plan for the trimming, plant removal, and re-
landscaping to the Parks, Beaches and Recreation Commission meeting of
January 6, 1998. A copy of the Commission meeting agenda and staff report
will be mailed to you in the next few weeks.
Please contact me at 644 -3069 if you have any questions.
i
Sincerely,
Marcelino G. Lomeli
Park and Trees Maintenance Superintendent
MGL/pw
3300 Newport Boulevard, Newport Beach
c
•
Bruce Colbert
423 1/2 Iris 4venue
Corona del Mar, CA •92625
November 24, 1991
Mr. Marcelino G. Lomeli
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Dear Mr. Lomeli:
Thank you for your continuous upgrading of the landscaping in the City of Newport Beach's
parks.
I am writing to bring to your attention three ocean bluff parks that have become overgrown to
i. the point that landscaping is obstructing views of the ocean. The three attached -photo boards
show how bushes have overgrown Inspiration Point, Little Corona, and Lookout Point, blocking
the views from the park benches. The photo boards also illustrate the ocean vistas that would'
be restored if the bushes were removed.
While there are many parks inland to enjoy shrubbery and trees, the ocean bluff parks are the
only ones that provide the opportunity to enjoy the ocean splendor.
Both the scenic views and the native landscaping could be preserved by replacing all of the
bushes in front of the benches with Arctostaphylos Point Reyes, Arctostaphylos, Carmel Sur, or
other low- growing native.plants. In addition, the area in front of the park bench at Little Corona
could be recontoured before replanting to afford a greater ocean view for people seated at the
bench.
I would appreciate your letting me know how you plan to restore the views, at the three parks.
Please feel free to contact me at (714) 673 -5415.
Sincerely,
9 Bruce Colbert
rb
vo
• Item V -10
March 3, 1998
•
is
�IrTIAy
A unique blend'of people and place
Maroh1,1998 Corona del Mar
Mr. David Naiderhaus
CHAMBER of COMMERCE
General Services Director
8300 Newport Blvd.
Newport Beach, CA. 92663
Re: Shrubs and plants at Inspiration Point ("The Disappearng- Path ")
Dear Dave,
Lost weeki the Corona del Mar Chamber of Commerce was presented with a petition to sign by a group
of local residents concerned with the height of native indigenous plants planned for planting on Ocean
Blvd. adjacent to and including areas of Inspiration Point in Corona del Mar.
At you are aware, every square foot of land occupying Inspiration Point wasPurchased by our founding
members and donated to the City of Newport Beach for preservation of this wonderful view site to be
• enjoyed by this and all generations to come.
Curing my 1987 term as president, the Chamberof Commerce and i lobbied and fought to have
Inspiration Point considered for an Arts in Public Places Grant, thus allowing the beautiful view presently
enjoyed. We were successful,in winning the honor of having the cliff site enhanced to also allow viewing
of the historical brass Sea lion and Cub sculpture created by the late local artist Kay Finch, which is
located in the rocks below. In our effort to follow our forefathers' wishes, I recently walked that area and
tried to decide If the plantings the city has planned would adversely affect the views or ambiance of
Inspiration Point.
It is with these things In mind that, after our discussion, we, the Chamber find no problem with the•foliage
the City to planning to plant and Lit does Indeed meet the criteria of the listed plants available for planting.
If the height of one (1) foot were to be of such importonceto the Ocean Blvd. residents, Mr. Netderhaus
has assured me the plants can be trimmed to a one foot level. Before we put the cart before the horse,
considering the trampling of present foliage and the dogs' intermittent sprinkling, we doubt the height will
ever grow above the one foot level, but even if that does occur, the City has agreed to tdm them to the
one That level.
Therefore, let it be a matter of public record that the Corona del Mar, Chamber of Commerce is in
agreement with the planting scheduled for Ocean Blvd. to include, but not be limited to, inspiration Point
C'The Disappearing Path).
pe/. - o . • U .
2843 East Coast Highway . Post Office Box 72
Corona del Mar, California 02625 . 714/673 -4050
T 'd IS:ZT 866T'£ '£ 438WUH3 W00 WOHA
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
March 2, 1998•
TO: LaDonna Kienitz, Community Services
FROM: Robin Clauson, Assistant City Attorney
RE: BOYS & GIRLS CLUB LEASE
POTENTIAL CONFLICT OF INTEREST OF PB &R COMMISSIONER
You have asked for our opinion on whether Pat Beek, a PB &R Commissioner, who
is also on the Board of'Directors for the Boys & Girls Club, has a conflict if she participates
in and makes recommendations to the City Council .concerning renewal of the Lease with
the Boys & Girls Club. It is ,my understanding that the 'Boys & Girls Club is a non- profit
corporation and that the Pat Beek receives no income from the. Boys & Girls Club. Her
• participation raises the potential for a conflict under Government Code Section 1090.
However, because her interest qualifies as a "remote interesY'•under Section 1091 it is my
opinion that Pat Beek may 'participate as a 'PB &R Commissioner if she follows the
provisions for disclosure as outlined in this memo.
Government Code Section 1090 provides that City officers or employees shall not
be financially interested in ,any contract made by them in their official capacity or by any,
body or board of which they are members. Although, the statute specifically states the
prohibition as against having a "financial" interest, the Courts have generally expanded
this concept to include personal interests which interfere with the unbiased discharge of
an official or employees duty to the public or which prevents the exercise of absolute
loyalty and undivided, allegiance to the best interest of the City.
Furthermore, the reference to, City officers and employees includes not only
elected officials who approve contracts and permanent employees who execute them, but
also virtually every conceivable permanent or temporary employee or consultant who is
,Involved in the process which culminates in the execution of a contract. In addition, the
"making" of a contract has been interpreted'to encompass much more than an approving
vote and /or the execution of a contract. It can include any participation that culminates -in
a contract's execution such as negotiations and drafting. Moreover, indirect as well as
direct financial interests in the contract are prohibited by Section 1090. However,
Government •Code, Section'1091 and 1091.5 excuses an officer who has a interest which
•' is classified as "remote" if the interest is disclosed to the Board and noted in its official
records.
• LaDonna Kienitz
March 2, 1998
Page 2
In this case, Pat Beek's position as an officer of a non - profit corporation is
considered a remote interest. Furthermore, Pat Beek will not be deemed to be interested
in the contract if she is a non - salaried, non - compensated' member of a non - profit
corporation and' her interest is disclosed to the PB &R Commission at the time of the first
consideration of the lease renewal and the interest is noted. in the minutes of the meeting.
This is my opinion of the provisions of Government Code Section 1090. The
opinions of this office however, are not controlling and' cannot immunize the
Commissioner from prosecution: Only a written letter opinion from the Fair Political
Practice Commission (FPPC) can provide that protection.
R686-f CLAUSON
• RC:da
cc: Pat Beek
F:\ cat\ debbie \memo\LKgirlsboyslease.doc
• ' She is considered non - compensated even if she received travel and expense
reimbursement from the nonprofit.
Pu-+ L. 6-i-9
c-.V,LA-A3
COMMUNITY SERVICES DEPARTMENT
•
Date: March 3, 1998
To: City Council Finance Committee
Parks, Beaches, and Recreation Commission
From: Richard Power, Exec. Director., Boys & Girls Club of the Harbor Area
Re: The Boys & Girls Club facility in Eastbluff Park
The City ground lease to the Boys & Girls Club of the Harbor Area in Eastbluff Park
expired June 30, 1996. In a letter dated May 21, 1996, the President of the Club
requested renewal of the ground lease for another 25 years with the same terms. The Club
is the owner and operator of the building.
In the Lease Agreement under Term (p.3) it states: "It is contemplated that at the end of
the initial 25 -year term.of this Lease, the Lessee will seek renewal of the Lease. It is the
• understanding of the City Council that the City Council in office at the end of the initial
term of this Lease will give every consideration to a request by the Lessee for an extension
of the term of the Lease."
The Lease, which expired June 30-,1996 provided that "when the premises and building
are not in use by the Lessee,, the premises and building shall be available for use as a
community center by the City Parks, Beaches, and Recreation Department on a first -
priority basis" (p. 4). If the lease is not renewed, with appropriate notice the
improvements on the site revert to the City.
The Club has operated a youth club for the community for 25 years at a cost of over $2
million dollars, giving the city a generous return on their $1 per year lease investment.
The club continues to operate according to the lease on a month-to -month basis while
waiting for renewal notice.
The City Manager wrote a letter to the President of the Boys & Girls Club of the Harbor
Area dated May 30, 1996 acknowledging receipt of the Club's renewal request and' states
"The City staff is very supportive of the services your organization provides to the youth
of the Newport Beach area and is ready and willing to quickly meet with you and bring
this matter to the City Council prior to the June 30th expiration of the current Lease
Agreement." The City Manager in the same letter states: "It is my understanding that
• LaDonna Kienitz, our Community Services Director, has been in contact with you and
your staff regarding the City's interest in an interim use of the Club's facility while
r
t
• City Council Finance Committee
Parks, Beaches, & Recreation Commission
Page -2-
Newport Mesa School District displaces our use of their Lincoln School facility
gymnasium, during its use as a classroom while other permanent sites are developed to
handle the new students primarily coming from the Newport downcoast area. This interim
use would provide the City the ability to continue our current programs such as basketball
and gymnastics which utilize indoor facilities in the evening hours." "If you are able to
assist us in this matter while we discuss our new Lease Agreement, it would be greatly
appreciated."
Copies of all letter correspondence since Boys & Girls Club of the Harbor Area letter of
request dated May 21, 1996 are enclosed.
The Boys & Girls Club of the Harbor Area.offers positive alternatives to alcohol, drugs,
and gangs while providing affordable, safe, supervised recreational programs in drop -in
facilities designed to promote positive youth development for all school -age youngsters.
• The Eastbluff Branch annually serves over 500 boys and girls in core services that include:
1) Social recreation that includes pool, table tennis, foosball, table games with
supervised instruction and behavioral guidance.
2) Gym activities that provide for healthy exercise as well as promote
individual skills and teamwork.
3) Craft activities that provide a variety of individual -and small group
opportunities to provide creativity and self - expression.
The Eastbluff Club membership is affordable at $8.00 per month for the school year and
the Club is open from 2:30 - 6:30 PM on a drop -in basis for school -age boys and girls.
The Eastbluff Club provides supervised activities with staffing in each area of the club.
The Eastbluff Club provides volunteers to assist with their afternoon and evening sports
leagues in the Winter, Spring, and Fall.
The Eastbluff Club has been a valuable asset to the community by serving over 5,000 boys
and girls in the City of Newport Beach.
The Boys & Girls Club of the Harbor Area has invested over $2 million dollars in the
• Eastbluff Club as an investment in the youth of Newport Beach.
• City Council Finance Committee
Parks,' Beaches, & Recreation Commission
Page -3-
The City exercised its right to use the facility in 1997 after a letter from the City Manager
dated November 22, 1996 recapped a productive meeting with City Staff. In that letter,
the City Manager states: "The City remains supportive of the valuable programs provided
for the youth of the City by the Boys & Girls Club at the Eastbluff site. City staff will
prepare a renewal of the original lease documents with the understanding that there is an
intent by both parties to work cooperatively to provide access for City programs at the
Eastbluff Site, particularly for the period from summer 1997 to November 1999." In
response to the Club's concern over maintenance costs, the City Manager states in the
same letter: "Assuredly cost associated with the City's use of the building need to be
equitable addressed. During the period of city use, the City will pay maintenance and
utility costs proportionately to the amount of time used."
The Club has cooperated.on city requests to use the facilities and has canceled a Spring
Basketball league to allow for Wednesday night use this spring.
W&W1=1 in
Currently, there is no real threat of interruption of the lease at the Lincoln Gym.
Deferred Maintenance at Eastbluff
The Boys & Girls Club of the Harbor Area has put over $30,000 of capital repairs to
include roof, gym floor, and doors over the past two years. Exterior painting to occur in
1998 depending on maintenance budget.
•. . 771 It
1. Review the lease with the original terms at $1 Per Year.
Make a recommendation to approve renewal.
•
J
.t
• City Council Finance Committee
Parks, Beaches, & Recreation Commission
Page -4-
ATTACHMENTS:
Dann"
LJ
r]
1. Correspondence, Loyd Wright, May 21, 1996
2. Correspondence, Kevin Murphy, May 30, 1996
3. Correspondence, Kevin Murphy, September 4, 1996
4. Correspondence, Loyd Wright, September 12, 1996
5. Correspondence, Kevin Murphy, November 22, 1996
6. Correspondence, Kevin Murphy, December 22, 1997
7. Correspondence, Richard Power, December 16, 1997'
8. Correspondence, Richard Power, October 6, 1997
9. Original Lease, June 30, 1971
10. Amendment to Lease, December 17, 1973
11. Floor Plan of Facility
r'
d
• February 27, 1998
Mr. John Noyes, Chairman
Harbors, Beaches and Parks Committee
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663 -3884
Re: Boys and Girls Club of the Harbor Area
Eastbluff Branch
Dear Mr. Noyes:
Having served on the Board of Directors of the Boys and Girls Club for a
number of years and as President at the time the Eastbluff Branch was
dedicated, I was appalled to learn that the lease on the branch site might not
be renewed.
• As Director of Community Relations for The Irvine Company I was aware
that the land donated to the City of Newport Beach for the Eastbluff Park
was for the benefit of our youth and the strengthening of families. In
accordance with that premise it was a natural step to establish a facility for
the benefit of the boys and girls of the extended Eastbluff area. Through the
efforts of our board, many fund raising activities and the enthusiastic support
of the community, including a sizable gift from the James Irvine Foundation,
an attractive, highly functional facility was built. Its constant use over the
years is evidence of the community's trust and the wisdom of the decision to
place a branch of the Boys and Girls Club in Eastbluff Park.
With the full support of the Harbors, Beaches and Parks Commission and
the Newport Beach City Council, the Board and the City entered into a lease
which, at that time, was originally requested to be in perpetuity, providing the
use remained the same and the facility properly maintained. It is my
understanding that the only reason the lease was not written in this manner
was because of a City statute that prohibited lease of public land beyond
twenty five years and that any facility built thereon would revert to the City.
0
:4
• Twenty five years is not very old for a publicly used facility, which because of
its intended use, was thoroughly scrutinized for adherence to stiff building
codes. In good faith our Board accepted the terms of the lease with the
unwritten and logical assumption that the lease would be renewed upon
expiration, if the property was properly maintained and continued it's
originally intended use. My point is that the Board (and its representation to
the contributing community) would not have invested that kind of money,
time and effort into a relatively temporary facility.
The citizens of Newport Beach have demonstrated over the years their
willingness to support non - profit organizations benefiting youth without
funding or staffing from the City. The representatives elected by the citizens
and those volunteers appointed to commissions have always been sensitive
to "less government" and more citizen involvement.
I appeal to you as Chairman of the Harbors, Beaches and Parks Committee
and the members thereof to keep alive the integrity of our city leaders and
continue to respond to the needs of our young people by renewing the
'lease,, as is, on the site of the Eastbluff Branch of the Boys and Girls Club
• of the Harbor Area.
6
•
R�eJspectfullllpy submitted,
G'G� X oa�IaLl
Michael L. Manahan
Past President
Boys and Girls Club of the Harbor Area
cc: Richard Power, Executive Director
Boys and Girls Club of the Harbor Area
Item V -8
COMMUNITY SERVICES DEPARTMENT
• Date: March 3, 1998
To: City Council Finance Committee
Parks, Beaches and Recreation Commission
From: LaDonna Kienitz, Community Services Director /City Librarian
Re: The Boys and Girls Club facility in Eastbluff Park
The City lease to the Boys and Girls Club for the gymnasium in Eastbulff Park expired June
30, 1996. The Club has requested an extension of the original lease, and has continued to
use the facility without a lease since 1996.
At the meeting of the City Council Harbor, Beaches and Parks Committee on February 18,
the matter was referred to both the Parks, Beaches and Recreation Commissl6p for the
March, and if needed, April meetings and to the City Council Finance Committee meeting
on March 9.
BACKGROUND
Documents /Lease. etc. — The facility in Eastbluff Park was built in 1974. The files indicate
• that the original construction was funded by the Irvine Foundation; and that it was the intent
of The Irvine Company and the City that the facilities be used as a community center for the
entire community.
The original 1971 lease to the Club was at a cost at one dollar per year for twenty -five
years. It provided that the City have use of the building for City programs and as a
community center at no cost to the City, and that the, improvements on the site revert to the
City at the expiration of the lease.
There was a 1973 amendment to the lease to increase the size of the site and a later
license agreement with the School District for installation by the City of exterior basketball
courts. Other lease terms were not changed.
A copy of the letter from the Club's Executive Director Richard Power to Councilman Dennis
O'Neil, December 16, 1997, and reply from City Manager Kevin Murphy, December 22,
1997, are attached.
Utilization of the Facility at Eastbluff
The Club currently uses the facility for after - school programs for the youth members of the
club, seasonal youth basketball programs, adult sports programs for the .parents, coaches
and donors to the club, and contract programs for youth sports and summer day camp. A
youth membership to the club is $72 a school year. The Club runs a youth basketball
program five nights per week during basketball season. Post - basketball season, a high
. school county -wide basketball league is conducted two nights per week by a private
contractor and the gym is provided to a,private traveling team one night a week.
The Boys & Girls Club in Eastbluff Park
Page 2
L
The City exercised its right to use the facility in 1997, using the gymnasium two nights each
week from mid -June to the end of October. The Club submitted a maintenance bill of
$1,321 for the use of the building for those 22 evenings. There are no City programs in the
facility at this time, but City use has been scheduled for one evening per week beginning in
late March.
City Use of the Lincoln Gym
The City currently leases from the School District the Lincoln Gymnasium for youth and
adult sports programs, fully utilizing it seven days a week. The current annual cost to the
City, until June 2002, is $16,200, with anticipated annual CPI adjustments. In July 2002,
the cost becomes $32,400, plus annual CPI adjustments. This is an actual recurring cost of
City recreation programs.
The District has the right to cancel the Lincoln lease at any time, with only six months
notice. Staff have been informed that this could be a real possibility with the growth of the
District school population in the Newport Coast and Bonita Canyon. Parent pressure has
developed to change the use of Lincoln School to a middle school for which it was, originally
built. Such a decision could require District use of the gym.
Deferred Maintenance at Eastbluff
The facility is in need of deferred maintenance, including at a minimum, exterior painting,
and roof repairs. The City has recently made sidewalk repairs on the site.
POSSIBLE OPTIONS FOR CONSIDERATION
1. Renew the lease with the original terms at $1 per year.
2. Renew the lease with new terms.
*Terms could parallel the Lincoln Lease.
*Provision for a six month or one year cancellation notice by City.
•Annual payments of $16,200, plus CPI increments, through June 2002.
*Annual payments of $32,400, plus CPI increments, if a lease is considered for the
period after June 2002.
•Requirement that the Club undertake needed deferred maintenance of facility.
3. City assume responsibility for the facility and conduct City run youth and adult programs,
using both the gymnasium and the meeting rooms.
4. City assume responsibility for the facility and provide the Club the option of contract use
of the facility for specific youth programs, possibly the youth basketball program.
5. 'City assume responsibility for the facility; cancel the lease at Lincoln; and move all the
current programs in the Lincoln Gym to the Eastbluff facility; and develop additional
programs to utilize the activity rooms.
•
The,Boys & Girls Club in Eastbluff Park
Page 3
REQUESTED ACTION
This matter has been discussed by the Committees, of the City Council, both the Finance
and the Harbor Beaches and Parks Committees. Council members have toured the facility.
It is requested that the Parks, Beaches and Recreation 'Commission review this matter,
consider the possible options described or prepare an alternative option, and make a
recommendation to the City Council for action.
Attachments: 1.
Correspondence, Kevin Murphy, December 22, 1997
2.
Correspondence, Richard Power, December 16, 1997
3.
Correspondence,'Richard Power, October 6, 1997
4.
Original Lease, June 30, 1971
5.
Amendment to Lease, December 17, 1973
S.
Floor Plan of Facility
0
•