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HomeMy WebLinkAbout1983-04-18; Parks & Recreation Commission; MinutesMINUTES MEETING OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: PARKS & RECREATION COMMISSION April 18, 1983 4:30 P.M. Scout House COMMISSIONERS ^— — CALL TO ORDER: The meeting was called to order by Chairperson Dahlquist at 4:34 P.M. ROLL CALL: Present - Chairperson Dahlquist, Commissioners McFadden, Donovan, Conti and Popovich Commissioner Wright arrived at 4:41 P.M. Also Present - Dave Bradstreet, Parks & Recreation Director Mark Steyaert, Jr. , Park Planner Council Liaison Lewis arrived at 5:24 P.M. APPROVAL OF MINUTES: The Minutes of the March 21, 1983, meeting were approved as presented. Two items were added to the Agenda under Additional Business: Commission Workshop and Erosion Problem - Agua Hedionda Lagoon. Dave Bradstreet, Parks & Recreation Director, introduced Mark Steyaert, Jr. , the new Park Planner, and welcomed him to the Staff. UNFINISHED BUSINESS: A. Senior Citizens' Association Request to Waive Facility Rental Fees. Mr. Jack Jimmink, Senior Citizens Executive Director, addressed the Commission on this subject. He thanked the Commission for their consideration and previous action on their request, but stated the original request for ninety-day grace period was justified and they are asking to be granted the additional grace period at this time. He stated that the Commission had been told there was a profit of $1,640, which was incorrect. That was gross income and not net. Mr. Jimmink stated the last two weeks a pattern had started to form and the net receipts were $460.00. The Commissioners questioned Mr. Jimmink with regard to the expenditures for cards, daubers, etc., and the smoke eaters. The smoke eaters are portable, but are left in the hall at all times for anyone to use. Dahlquist McFadden Donovan Conti Popovich X X X X X X MINUTES Page 2 April 18, 1983 COMMISSIONERS Mr. Jimmink explained the income as $4,400 and the payout of $3,390 as cash prized, $279 to Parks and Recreation, $70.40 security, approximately $285 for supplies, and $50 for free coffee. That makes a net of approximately $326 per week. These figures were for the last two weeks, as prior to that there had been a loss. Chairperson Dahlquist stated that the Commission had given a thirty-day extension and the Seniors are asking for another sixty days, which would be a recommendation to the Council. The Commission voted to extend an additional waiver of fees to the Senior Citizens at the Harding Street Community Center, extending through April 30, 1983. The motion carried by a vote of three to two, with Chairperson Dahlquist not casting a vote. B. Historical Society Mrs. Marge Howard-Jones, President, addressed the Commission, stating the Historical Society was opening offices in the Magee House and were concerned about the security system. Dave Bradstreet stated that the alarm system had been repaired and as far as he knew was in workable condition. There had been problems with the alarm being triggered by the wind, but it was thought this had been repaired. There had been some dispute over who should have to turn the alarm system off when it was triggered. The Police would not turn the alarm off when they answered a call there. Mr. Jimmink had been called and had to go to the Magee House and turn off the alarm several times. Mr. Jimmink stated he felt the memorabilia should be protected, but the security system that exists in the Magee House at the present time does not serve their area adequately. Chairperson Dahlquist asked if the building had been broken into and Mr. Jimmink answered one time about two and a half years ago. Mr. Jimmink stated he had turned the alarm system off and had asked the Historical Society people if they would accept the phone calls when the alarm had been triggered and they refused. Dahlquist McFadden Donovan Conti Popovich Wright X X X X X MINUTES Page 3 April 18, 1983 COMMISSIONERS There was a lengthy discussion about the responsibility for turning the alarm off after it had been triggered. Mr. Jimmink said he had gone to the Magee House seven times to turn off the alarm after it had been repaired. After the last storm, he turned the alarm off and it has not been turned on since. Mrs. Jones stated that Historical Society did not want to advertise the fact that valuable objects were in the Magee House until they were certain there was adequate protection. They are taking organizations through on tours at the present time. Dave Bradstreet stated money was available to revamp and update the alarm system. Commissioner McFadden asked that the Parks & Recreation Commission be updated on the activities of the Historical Society and kept aware of upcoming events. C. YMCA/City Lease Chairperson Dahlquist referred to the letter from the Executive Director of the YMCA stating it would be several months before the information requested by this Commission would be available. At this point, Mr. Bradstreet, distributed copies of Carlsbad Tract No. 74-22 Map requested by the Commissioners at the last meeting. There was some discussion regarding the slippage of dirt in that area, but it was determined that the exact location was not known. Mr. Bradstreet stated that there are new Managers and there will be some upgrading done at Snug Harbor. D. Invitation to Oceanside, Vista and San Marcos Commissions for Joint Meeting Oceanside and Vista have accepted the invitation, but San Marcos has not been heard from as yet. The Commissioners were asked to tell Mr. Bradstreet of any items they wished placed on the agenda for this meeting. NEW BUSINESS: A. Request to Speak on Agua Hedionda Lagoon Boat Permit Procedure Mr. Bradstreet explained that Lloyd Dahlen would like to change the boat permit expiration date to expire one year from date of issue rather than on a January to December basis. He explained also, that this is an administrative matter. The City opted for the calendar year term rather than any other, and they are not recommending any change. It was noted that Mr. Dahlen was not present at the meeting. MINUTES Page 4 April 18, 1983 COMMISSIONERS Chairperson Dahlquist stated no action would be taken on this matter, but if Mr. Dahlen again asks to speak to the Commission, it could be placed on the agenda. B. Request for Office Location on Pio Pico Park This information item referred to a letter to the City Manager from Gregg Harrington, regarding a small office building to be built on the proposed parking lot on Pio Pico Drive, and sharing the parking lot in the daytime and at night the parking would be for the restaurant across the street. Mr. Bradstreet state that he had tried to contact the gentleman unsuccessfully, and he was not present at this meeting. The City Manager did not ask for any action, as the area has been approved for a parking lot only. Mr. Bradstreet, in answer to query, stated that the gentleman did not want to buy the property—just lease it. The Commission voted to table this matter until it is brought before the Commission again. Mr. Bradstreet added he talked with Planning & Building Director and there is only one plan, and that is for a parking lot. The members of the Commission stated they felt that the trees should be taken out and the benches removed and just straight parking. C. Board Sail Update Mr. Steve Lees addressed the Commission on board sail activity in the Carlsbad area. He stated he is a local resident and teacher and has been wind surfing on the lagoon for a year and a half. This sport is illegal on the Agua Hedionda Lagoon and speaking for himself and the supporters with him, Mr. Lees said they would like to work with Parks & Recreation to open up the area for wind surfing. This sport has grown since last year and they out-number the boats and jet skiers. For the last six months there have been ten to fourteen wind surfers on the lagoon every Saturday and Sunday. Mr. Lees stated the Mayor directed Parks & Recreation Commission to form a committee to study this problem, and they worked with Mr. Bradstreet and brought a proposal to the Commission, which was voted down. The matter didn't go to Council. However, this year, they feel, there is enough interest to merit an investigation. Most of those participating in this sport are local residents; it is colorful; they don't pollute or make any noise. Dahlquist McFadden Donovan Conti Popovich Wright MINUTES Page 5 April 18, 1983 COMMISSIONERS -" """"" Mr. Lees expressed the hope that the Commission would have a positive attitude toward this sport and the participants were appealing to the Comnission as to what action should be taken in the future. For background purposes, it was explained that a wind surfer had been run down by a boater on the lagoon, and although the suit should have been all inclusive, it was not. A suit is still pending against the City for a million and a half dollars. In order to alleviate that type of situation, wind surfing was made illegal. It was explained that the City Attorney and the City Council eliminated mixed uses on the lagoon in order to prevent such an accident occurring again. At that time, it was decided sailboats were more maneuverable. Council Member Lewis commented he wanted to make certain everyone understood it was the Council's action, and not the City Attorney, to deny the mixed use of the lagoon. The Commission discussed the Council's decision to outlaw board sailing and how that decision was arrived at, with Mr. Bradstreet stating a survey was made in San Diego and in the Carlsbad area. At that time, it was decided that sailboats were more maneuverable than board sails. Mr. Chuck Campbell, board sailor, addressed the Commision and stated he didn't think any sailboat was more maneuverable than a board sailor — they can run circles around any sailboat. Mr. Lees stated that board sailing had been outlawed before any of these people started participating in the sport. Mr. Bradstreet commented that the board sailor that was hit did not have a window. However, there are many more people involved in this activity today and the boards are very maneuverable. The Council did make the decision to eliminate mixed uses on the lagoon to keep the liability as minimal as possible. Mr. Lees said their purpose in coming before this Commission was not to debate the issue. He felt that a power boat running at a normal speed and one with the throttle wide open was a dangerous type of mixed use. He did feel there was a solution possible, as it is a large lagoon and there are many people in this sport. They feel they have a right to be on the lagoon during certain times. It was not their intent to deny any other boating group any rights, but would just like to gain uses for their own group. MINUTES Page 6 April 18, 1983 COMMISSIONERS Mr. Phil Maynard, property owner and Hobie Oceanside Sporting Store operator, addressed the Conmission, stating there are a lot of people interested in this sport and there is no legal place in the North County to sail. The taxpayers in this area mast travel to San Diego to wind surf and he felt this was not fair. The Oceanside Harbor is too dangerous to sail in, and to go out into the ocean, you must be very good and have very calm water. Mr. Lees suggested the eastern section be buoyed off and Mr. Bradstreet clarified the statement by saying he had worked with the Mr. Lees on this and this recommendation had come before the Commission. The Commission felt the City would still be liable if someone strayed out of that area and into the path of a power boat. Commissioner Conti asked what happened if a boy in a six-foot sailboat was hit by a power boat—who was liable, and Mr. Bradstreet said the person who hit him. Commissioner Conti asked what the difference was—as he really preferred the silent use. Mr. Bradstreet answered that the sailboat could see the power boat and take evasive action whereas the board sailor might not be able to see the power boat. Commissioner Conti suggested meeting with Mr. Lees to try to come up with some solution. Chairperson Dahlquist appointed Commissioner Conti as the Chairman of the Committee to meet with Mr. Lees and Commissioner Wright and Chairperson Dahlquist. They are to come up with a recommendation to the Commission. The Commission will then make a recommendation to the City Council. COMMITTEE REPORTS: Mr. Bradstreet asked for 60 days to come back with some information for the Tree Committee. This was agreeable with the members of the committee. Commissoner McFadden added it was needed to have the City Attorney tell the committee what is enforceable. She also suggested the City of Santa Barbara be contacted, perhaps by phone, to mail the City literature on how they have so successfully handled their street trees. ADDITIONAL BUSINESS: A. Discussion re: Median Landscape Design Mr. Bradstreet reported that there had been a question about the different styles and colors on the medians on the City's arterials, and the architect had convinced him that the different colors and styles broke up the monotony and the cost is the same. He stated they are advocating going to different styles of landscaping, with the idea that it would be more inspirational and give a sense of location. The medians would all be a different shade of adobe. MINUTES Page 7 April 18, 1983 COMMISSIONERS _ __ B. Commission Workshop, April 30 Chairperson Dahlquist said she would be gone and Commissioner McFadden will be Vice-Chairperson. Commissioners attending will be Donovan, Popovich and Conti. Commissioner Wright was not certain he would be able to attend. Commissioner Cochran will be called about the meeting. The meeting is from 9:00 A.M. to 3:00 P.M., Saturday, April 30, at La Costa. C. Erosion Problem - Agua Hedionda Lagoon Chairperson Dahlquist asked if the letter was sent to Ukegawa regarding the erosion and Mr. Brads treet said it had and he had received a call saying action was being taken against the farmer. Chairperson Dahlquist said she noticed they were doing cross- terracing now on the fields instead of straight up and down as they have the last two years. It was noted that the Parks & Recreation Meeting was listed on the City Manager's Newsletter as being in the Council Chambers. Chairperson Dahlquist asked the Commission if they would like to change the inner city tour to July instead of May. The Commission agreed to this change unanimously. Commissioner McFadden left the meeting at this time. At this point, the Commissioners discussed at length the item waiving the fees until May 1 for the Senior Citizens' Association bingo games. Commissioner Conti felt the Commission had not spent enough time on this item and spent too much time on informational items. This item was spending approxi- mately two thousand dollars of the taxpayers money, and he felt it deserved closer study. The Commissioners did not feel comfortable with the financial statement as presented and felt more detailed weekly information was necessary in order to justity waiving this much money in fees. The thought was expressed that this might set a - — precedent that could lead to future problems, and it was felt that no group should be subsidized to this extent. Mr. Bradstreet stated with this much money at stake, he felt he would have to present this to Council with both sides of the question being presented. The Commissioners discussed whether they could do anything else at this point, or was it too late to keep this from going to the Council. Commissioner Conti stated he thought an additional notion could be made to table the prior decision made this evening in lieu of further information required and not submit this to Council at this time. MINUTES Page 8 April 18, 1983 COMMISSIONERS The Commissioners consulted Council Member Lewis as to what procedure to follow at this point. He stated the Council does decide to hold items for more information, and this gentleman could be called back to be included in the discussion. Commissioner Wright suggested Mr. Jimmink be called and asked for a weekly breakdown—for two different weeks—and bring this back to the next meeting. The Commission needs to know exactly what came in and what went out for each bingo game, without any of the long-range figures being used. The Commission voted to ask for additional information on the Senior Citizen waiver for rental fees, and this additional information should include a weekly breakdown of two weeks (one week in March and one week in April)—expenses and income. (If necessary, let the Commission pick one week and the Seniors pick one). ADJOURNMENT: By proper motion, the meeting was adjourned at 6:18 P.M., to Monday, May 16, 1983, at 4:30 P.M, in the Council Chambers. Respectfully Submitted, Harriett Babbitt Minutes Clerk Dahlquist Donovan Conti Popovich Wright X X X X X CITY-OF CARLSBAD — AGEND/^BILL AB#_ MTG._ DEPT..P & R TLE:Agreement between the City of Carlsbad and the San Marcos Unified School District for joint use of Furete Park and La Costa .Meadows School. DEPT. HD._ CITY ATTY. CITY MGR. RECOMMENDED ACTION: City Council adopt Resolution No.approving the agreement between the City of Carlsbad and the San Marcos Unified School District for joint use of Fuerte Park and La Costa Meadows Elementary School. ITEM EXPLANATION: The City is planning to build Fuerte Park at the same time the District constructs La Costa Meadows School. In order to prepare for the completion of these two projects, the District and City have developed a draft agreement for joint use of the two sites. The sentences underlined with a broken line are changes implemented by the District. Basically, the agreement says: 1. The City may use the school site after school, weekends, on school holidays, and during the summer months to conduct a recreational program in the South Carlsbad area. 2. The District may use Fuerte Park during school hours to conduct school programs and activities. 3. The use of either facility is free of charge. 4. The City will maintain the school's multi-purpose turfed play areas at a cost to the District of $6,970 per year. This includes mowing, fertilizing and trash clean-up. The District will pay for supplies and materials. PARKS AND RECREATION COMMISSION: FISCAL IMPACT; The school site has approximately 2 acres of turf to maintain. The City will charge the District 8<t per square foot. The cost is: 8<t x 87,120 sq. feet (2 acres) = $6,979 per year EXHIBITS: 1. Resolution No. 2. Agreement Attachment D 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE SAN MARCOS UNIFIED SCHOOL DISTRICT FOR JOINT USE OF FUERTE PARK AND LA COSTA MEADOWS SCHOOL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, resolve as follows: does hereby 1. That certain agreement between the City of Carlsbad and the San Marcos Unified School District for joint use of Fuerte Park and La Costa Meadows School, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. ' 2. That the Mayor of the City of Carlsbad is hereby and directed to execute said agreement for and on behalf of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of Council of the City of Carlsbad, California, held on the , 1983, by the following vote, to wit: AYES: NOES: ABSENT: MARY H. CASLER, Mayor ATTEST: "ALETHA-L. RAUTENKRANZ, City Clerk (SEAL) authorized the City of :,-. the City day of Exhibit 1 r r DRAFT II AGREEMENT FOR MAINTENANCE AND USE OF LA COSTA MEADOWS SCHOOL SITE, BETWEEN THE CITY OF CARLSBAD AND THE SAN MARCOS UNIFIED SCHOOL DISTRICT. THIS AGREEMENT is made and entered into this day of , by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as the "City," and the San Marcos Unified School Distict, San Diego County, State of California, hereinafter referred to as the "District." WITNESSETH; WHEREAS, in order to promote and provide for the health and general welfare of the people of Carlsbad, and to cultivate the development of good citizenship by an adequate program of community recreation, the parties hereto desire to enter into an agreement for a community recreation program at the La Costa Meadows School site within the City; and WHEREAS, the City has heretofore created and established a Park and Recreation Department and has developed and established a park and recreation program for the City of Carlsbad; and WHEREAS, the operation of community recreation programs on a school district site with school facilities, through the City Park and Recreation Department, when said site or facilities are not in use by the District, will promote the health and welfare of the community and will contribute to the attainment of the general recreation objectives for children and adults within the community; and WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7, Division 1, Title 1 of the Education Code of the State of California to organize, promote, and conduct a program of community recreation and to operate a community recreation center within and without their territorial limits; and Exhibit 2 WHEREAS, it is also provided by said Chapter 10 of Part 7, Division 1, Title 1 of the Education Code that the foregoing entities may cooperate with each other to carry out these purposes, and to that end may enter into agreements with each other and may do all things necessary or convenient to aid and cooperate in carrying out such purposes; and WHEREAS, the District owns the La Costa Meadows School Site and desires that the City shall have the use of said site for community recreational purposes; WHEREAS, the City owns Fuerte Park and desires that the District shall have the use of said site for athletic and recreational purposes; NOW, THEREFORE, THE CITY AND THE DISTRICT agree as follows: 1. The District shall provide at no cost to the City for outdoor recreational activities the use of the athletic field areas at the La Costa Meadows School site on an after school and holiday/weekend basis. B§^JtE9PIl_€SPjJL:Lt2-^A_§h^_3Ll be jorovided when adequate supervision by a school district employee can be pr_o_vided. 2. The City of Carlsbad, through its Park and Recreation Department, agrees to conduct and operate on said school site and on such facilities and equipment a supervised or unsupervised recreation program. The City agrees to supply all field scheduling of said program. The school and park sites are described in Exhibit "A", attached hereto and made a part hereof. 3. The City, and/or recognized recreation organizations, shall be responsible for the planning and organization of the recreation program at the school site. Each entity shall be responsible for the acts of its employees, or any event, thing accident or occurrence that should occur during the operation of said program and which is within the scope of control of said City organization and their employees. 4. The City shall provide at no cost to the District the non-exclusive use of Fuerte Park during the hours of 8:00 A.M. to 3:00 P.M., during the school year. The District shall be responsible for the acts of its employees, or any event, thing, accident or occurrence that should occur during the operation of the school program at the park site. 5. For the purpose of coordinating the activities herein contemplated, the City hereby appoints its Parks and Recreation Director, or his/her designee, as the representative of the City. The Parks and Recreation Director shall be the responsible manager of the recreational program, and shall coordinate all aspects of this program with the District, its governing Board, and the Park and Recreation Commission of the City. 6. The School District hereby appoints the Superintendent, or his/her designee, as the representative of the District and shall coordinate all aspects of the program with the City. 7. City shall be allowed to use the athJL^tic__f_ield_ areas for its recreational programs on weekends, school holidays and after normal school hours. However, the District shall have priority in the use of the school site, or any part thereof, or any facility or equipment thereon for District purposes if it notifies the City in writing at least two weeks in advance of the intended use of the site. During normal school hours, District shall have exclusive use of the school site. The District may reserve the park site for exclusive use if it notifies the City in writing at least two weeks in advance. 8. For all purposes of this agreement, all persons employed in the performance of services and functions for said City shall be deemed City employees and no City employee shall be considered as an employee of the District or under the jurisdiction of the District, nor shall such City employees have any District pension, civil service, or other status while an employee of the City. r 9. For all purposes of this agreement, all persons employed in the performance of services and functions for said District shall be deemed District employees and no District employee shall be considered as an employee of the City under the jurisdiction of the City nor shall such District employees have any City pension, civil service, or other status while an employee of the District. 10. It is further covenanted and agreed, except as otherwise provided, neither party shall be responsible to the other party for the cost of their program. The City covenants and agrees to bear all costs that it should incur in respect to the operation of any recreation program, including the cost of service of its employees and incidental costs in connection therewith. District covenants and agrees to bear all costs that should incur in respect to the operation of any school activity. 11. The recreation program conducted by the City shall be open to all students residing in the District and to all J~~ residents of Carlsbad, but such participation shall be subject to any rules and regulations adopted by the Park and Recreation Department of the City and School District. 12. The City shall maintain the athletic fields of the school grounds for the District at a cost of j> _ per hour. TMs_cot_jqf_m_a^ntejiance_jvil^^ n Tne City will bill the District for maintenance costs on a monthly basis. This will include mowing, fertilizing, edging the grass, pruning and shaping of trees within the developed area. The District shall pay for all materials to maintain the school property. 13. The City shall provide and pay for all water and electrical utilities necessary to maintain the park site. The District shall pay for all water and electrical utilities necessary to maintain the school grounds. Separate meters will be provided as indicated in the construction design in order to determine the proportionate costs of water and electrical utilities for the park and school site. 14. City and District, at their respective expense, shall comply with and observe and secure compliance and observation with all the requirements of the Carlsbad Municipal Code and all municipal, County, State and Federal ordinances, codes, statutes, and regulations now in force or which may hereafter be in fact applicable to the park or school grounds and equipment. 15. Insofar as it is legally authorized and pursuant to Government Code Section 895-4, the District shall hold free and harmless the City, members of the City Council, boards or commissions, its employees, officers and agents, while acting as such, from all claims, loss, damages, costs, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of any defective or dangerous condition of any ground, site, building, equipment, play areas, recreation facilities or other improvement located on the premises owned or maintained by District, or participation in any activity carried out or sponsored by the District under Paragraph 7 hereof. Insofar as it is legally authorized, City shall hold free and harmless District, members of the governing board, its employees, officers and agents, while acting as such, from all claims, loss, damages, costs, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of operation of the community recreational program upon said premises, by reasons of its development of the athletic fields on the property and, further, the City shall be responsible for any and all damages to property caused as a direct result of any recreational activity being conducted on said premises by the City. 16. District agrees to take out and maintain at its expense public se.lf-j.nsuranee program to project against District's r liabilities mentioned in paragraph 15, and for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of District or any person acting for District or under District's control or direction, and also to protect against loss from liability for damages to any property of any person caused directly or indirectly by or from acts or activities of any person acting for District or under District's control or direction. Such insurance shall be maintained in full force and effect during the entire term of this agreement in amount of not less than one million dollars ($1,000,000) for each occurrence. City agrees to take out and maintain at its expense a sejLfr JLjisuira_nce_£r_ggrram to protect against City's liabilities mentioned in paragraph 15 and for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of City or any person acting for City or under City's control or direction, and also to protect against loss from liability to damages to any property of any person caused directly or indirectly by or from acts or activities of any persons acting for City or under City's control or direction. Such insurance shall be maintained in full force and effect during the entire term of this agreement in amount of not less than one million dollars ($1,000,000) for each occurrence. 17. Except as hereinafter provided, this agreement shall terminate after a one year period and will be automatically renewed on a year to year basis until such time as the City or District notifies the other party with. 90 days' prior written notjj^e_th_a_t_a_j^erm_i_n_atic)n is desired as hereinafter provided. r IN WITNESS WHEREOF, the parties have executed this agreement on the day and year written above. ATTEST:CITY OF CARLSBAD, A Municipal Corporation of the State of California ALETHA L. RAUTENKRANZ, City Clerk MARY H. CASLER, Mayor ATTEST: r SAN MARCOS UNIFIED SCHOOL DISTRICT Clerk, Board of Trustees President, Board of Trustees APPROVED AS TO FORM:APPROVED AS TO FORM: VINCENT F. BIONDO, JR.SCHOOL DISTRICT COUNSEL SUBLEASE V . THIS SUBLEASE, made and entered into as of by and between CITY OF CARLSBAD, a municipal corporation ("Sublessor") and North Coast Family YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation ("Sublessee"). WITNESSETH: WHEREAS, Sublessor is the lessee of that certain real property of Rancho Aqua Hedionda Middle Lagoon Waters .which is hereinafter described and is willing to sublease the same to Sublessee; and WHEREAS, Sublessee is desirous of hiring and subleasing the said described property from Sublessor for certain recreational purposes; NOW, THEREFORE, in consideration of the performance of the terms and conditions hereof, the parties mutually agree as follows: 1. Demised Premises. For and in consideration of the payment of the rents and performance by Sublessee of the covenants hereinafter contained. Sublessor hereby lets and Sublessee hereby hires and leases from Sublessor those certain premises more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). 2. Use. The Property shall be used by Sublessee for the general purposes of recreation, sporting, fishing, and other purposes connected with Sublessee's recreational camping program, which use shall at all times be under the competent and effective supervision of agents, servants, and employees of Sublessee. Sublessee shall not use the Property for any commercial or businessventure. Sublessee's use of the Property shall be exclusive. 3. Term. ' . The initial term of this Sublease shall be for a period of ten (10) years commencing on the day of , 1983, and ending on the day of , 1993. This Sublease shall automatically be renewed for three (3) successive five (5) year terms unless either party gives the rcpnce 17/C /I/ Attachment A other written notice at least sixty (60) days prior to the end of the initial term or any successive term that the Sublease is to terminate at the end of such term. 4. Rent. Sublessee agrees to pay to Sublessor the sum of ONE DOLLAR ($1.00) per year for the use and occupancy of the Property, receipt of which rent •for the first (1st) year of the initial term of this Sublease is hereby acknowledged. 5. Improvements. Sublessee shall have the right, subject to the approval of San Diego Cas & Electric Company,-to construct and repair any recreationally related im- provement upon the Property, including, but not limited to, a combined boat and fishing pier. Sublessee agrees to keep the Property free and clear of any and all liens at all times. Upon the termination of this Sublease, either by its expiration or upon notice. Sublessee agrees, upon receipt of written request from Sublessor, to remove, at Sublessee's own expense, any and all structural or other improvements which may have theretofore been erected or constructed on the Property by Sublessee. The removal thereof shall be accomplished within sixty (60) days from and after the date of expiration or termination of this Sublease. 6. Subordination. - • This Sublease is subordinate to that certain written lease between Sublessor and San Diego Cas £ Electric Company, dated March 4, 1957, a copy of which is attached hereto, marked Exhibit "B" and incorporated herein by reference, as amended on April 1, 1962, a copy of which Amendment is attached hereto, marked Exhibit "C" and incorporated herein by reference. 7. Waste. Sublessee shall not commit, suffer, or permit any waste, nuisances, or unlawful acts on the Property and shall at ail times maintain the same in a clean and sanitary condition in compliance with all applicable laws, rules, regulations, and ordinances respecting health and safety of the City of Carlsbad, repnce 17/G 121 the County of San Diego, and the State of California. 8. Sanitary Facilities. As further consideration for this Sublease, Sublessee agrees, at its own expense, to erect, provide, maintain, and service such suitable sanitary facilities as may be required for the comfort and needs of the persons entering upon or using the Property. 9. Hazards. . • Both parties recognize and agree that due to the operation of the tides, the flow of waters, and other causes not under the control of either party, certain subsurface obstructions,sho.als, bars, and other potentially dangerous conditions may develop from time to time in and under the surface of the waters contiguous to the Property and Sublessee, its agents, servants, employees, permittees, licensees, invitees, and other persons using and entering upon said waters do so with specific knowledge and express notice, which notice Sublessee undertakes to give to all such persons of such conditions, and Sublessee and such persons specifically release and hold Sublessor harmless from and against any and all claims, demands, and liabilities for damages or injuries occasioned by or resulting from such subsurface conditions. This release is in addition to such other release and indemnification as is provided below. 10. Right of Entry. . . Sublessor reserves the right to enter upon the Property at any time for the purpose of viewing the same to see if Sublessee is faithfully complying with the terms and conditions of this Sublease. 11. Rights of Sublessee. Sublessee shall have no right nor acquire any interest in or to the Property other than as provided in this Sublease. 12. Assignment. Sublessee shall not assign this Sublease nor sublease the Property; provided, however. Sublessee may allow other persons to use the Property for a fee. : In the event that Sublessee allows the City of Carlsbad Parks and Recreation Department ("Parks") to use the Property, the following provisions and conditions shall apply: (a) Fees. • During prime-time months (as hereinafter defined) Parks shall be charged the same rate charged to YMCA Croups for use of the "Property". rcpnce 17/G 131 During non-prime time months (as hereinafter defined) Parks shall be charged one-half (1/2) of the prime-time rate for use of the Property. "Prime time" as herein above used shall include the months of May through October and all federal, state, county, and city school vacations, and all federal, state, county, and city holidays. "Non-prime time" as hereinabove used shall include all months, days, and times which are not prime time. (b) Lifeguards. •' Sublessee shall not require Parks to employ Sublessee's lifeguards If, but only if. Parks' lifeguards complete Sublessee's orientation program and agree to, and in fact do, follow and uphold all of Sublessee's rules. (c) Reservations. Parks and Parks' groups have the right to reserve dates for use of the Property up to one (I) year prior to the date of the actual use. 13. Waiver. Any waiver by Sublessor of any breach of one or more of the terms, covenants, and conditions of this Sublease shall not be a waiver of any subsequent pther breach of the same or of any other term or condition hereof. 11. Indemnity. Sublessee hereby agrees to indemnify, save, and hold Sublessor harmless from any and all loss, damage, injury, and claims resulting from any act or omission of Sublessee, its employees, agents, licensees, permittees, invitees, or other persons upon the Property with or without the consent of Sublessee, to the person or persons, or property or properties of any person, including injury to or death of any person In any. way arising from use and occupancy of the Property by Sublessee, its agents, servants, employees, and other persons. Notwithstanding any of the above to the contrary. Sublessee shall not be responsible for and does not hold Sublessor harmless from any act or omission, which act or omission constitutes negligence (whether direct, vicarious, or imputed) on behalf of Sublessor, its employees, or its agents. 15. Attorneys' Fees. In the event either party shall be required to commence any action or proceeding against the other by reason of any breach or claimed breach of any provision of this Sublease, to commence any action in any way connected with this Sublease, or to seek a judicial declaration of rights hereunder, the person pre- vailing in such action or proceeding shall be entitled to recover from the other person or to be reimbursed the prevailing person's actual attorneys' fees and costs Including, but not limited to, expert witness fees, witness fees, and any rcpnce 17/G c T and all other fees and costs, whether or not the proceeding or action proceeds to Judgment. 16. Construction. Whenever used in this Sublease, as the context requires, the singular number shall include the plural, the plural number shall include the singular, the masculine gender shall include the feminine and neuter, the feminine gender shall include the masculine and neuter, and the neuter gender shall include the masculine and feminine. 17. Headings and Captions. The headings and captions at the beginning of the various paragraphs and subparagraphs of this Sublease shall not be construed to be a substantive part of this Sublease and shall not in any way define, limit, expand, or affect any provision of this Sublease. 18. • Notices. Notices to be given hereunder from one party to the other may be served in person or sent by certified mail to: SUBLESSOR: SUBLESSEE: 1200 Elm Avenue Carlsbad, California 92003 200 Saxony Road Encinitas, California 92024 or such other place as the parties may designate. IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be executed for and on behalf of each by and through their respectively authorized corporate officers as of the day and year first above written. SUBLESSOR: CITY OF CARLSBAD, a municipal corporation By ; , Mayor Attest: Clerk SUBLESSEE: NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation Attest: Secretary rcpnce 17/C c The undersigned hereby consents to the foregoing Sublease. .SAN DIEGO CAS £ ELECTRIC COMPANY, a corporation , President Attest: Secretary repnce 17/C RECORDING REQUESTED BY: Mr. David Kulchin WHEN RECORDED, RETURN TO: Mr. David Kulchin North Coast Family YMCA 200 Saxony Road Encinitas, California 92024 MEMORANDUM OF SUBLEASE This Memorandum of Sublease is made as of 1983, by and between CITY OF CARLSBAD, a municipal corporation ("Sublessor") and NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION ("Sublessee"), concerning that certain real property (the "Property") located in the City of Carlsbad, State of California, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. For good and adequate consideration. Sublessor subleases the Property to Sublessee, and Sublessee hires the Property from Sublessor, for the term and on the provisions contained in the Sublease, which is incorporated in this Memorandum by this reference. The term.of said Sublease is ten }10) years, commencing , 1983, and terminating on , 1993, subject to three (3) successive five (5) year extensions. This memorandum is not a complete summary of the Sublease. Provisions in this Memorandum shall not be used in interpreting the Sublease provisions. In the. event of conflict between this Memorandum and other parts of the Sublease, the other parts of the Sublease shall control. Executed on the date first written above. SUBLESSOR: CITY OF CARLSBAD, a municipal corporation BY , Mayor repnce 17/1 Attest: Clerk Attest: Secretary SUBLESSEE: NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION. a non-profit corporation By STATE OF CALIFORNIA COUNTY OF 'On ) ) ss. ) , before me. the undersigned, a Notary Public in and for said State, personally appeared_ , known to me to be the Mayor of the City of Carlsbad, and know to me to be the person whose name is subscribed to the within instrument and acknowledged that _he executed the same on behalf of the City of Carlsbad,' known to me to be the person who executed the within instrument on behalf of the corporation therein named and acknowledged that such corporation executed the within instrument persuant to its charter. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF On ) ) ss. ) _, before me, the undersigned, a Notary Public in and for said State, personally appeared_ ; , known to me to be the of'the corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument persuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. NOTARY PUBLIC repnce LEGAL DESCRIPTION OF MIDDLE LAGOON WATERS OWNED BY SAN DIEGO GAS fc ELECTRIC COMPANY TO BE SUBLEASED BY CITY OF CARLSBAD TO THE Y.M.C.A. The certain portion of Lot "H" of Rancho Aqua Hedionda, according to the Map thereof No. 823, filed in the Office of the County Recorder of San Diego County described as follows: Commencing at Corner No. 1 of said Rancho Agua Hedionda; thence South 78° 03' East along the Northeasterly line of said Lot "H" of Rancho Agua Hedionda, a distance of 1014.32 feet; thence leaving said Northeasterly line of Lot "H", South 30° US' East, a distance of 238.36 feet; thence South 76° 46' East, a distance of 931.69 feet to a point of intersection with the Westerly r:-tnt of way line of the Atchison, Topeka £ Santa Fe Railway Company as said right of way is described in a Deed recorded September 13, 1948, in Book 2944 at Page 76 of said Official Records; thence South 83° 33' 25 " East, a distance of 167.89 feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING, North 26° 56' 40" West, a distance of 210.40 feet; thence North 62° 39' 20" East, a distance of 327.51 feet; thence South 26° 56' 40" East, a distance of 208.78 feet; thence South 53° 40' 50" West, a distance of 257.37 feet; thence South 57° IT 50" West, a distance of 73.95 feet; thence North 26° 56' 40" West, a distance of 45.55 feet to the TRUE POINT OF BEGINNING: excepting from the above described property that certain portion thereof lying above Mean Sea level. United States Geological Survey Datum. EXHIBIT "A" rcpnce 17/J March H. 1957 lease between San Diego Gas £ Electric Company (as Lessor) and City of Carlsbad (as Lessee) to be provided by Sublessor. . EXHIBIT "B" f repncc 17/H r April 1, 1962 Amendment to Lease between San Diego Gas C Electric Company (as Lessor) and City of Carlsbad ( as Lessee) to be provided by Sublessor. EXHIBIT "C" rcpnce 17/H Incorporated In the State of California, a 25, 1975 Corporate number 738726 A Non-Proflt Corporation | CARLSBAD SENIOR CITIZENS'ASSOCIATION BOARD OF DIRECTORS Dr. Francis Unta Chairman Manuel Caatorana Vice Chairman Ed* Wutrae Secretary Recording Secretary Treasurer Norrt* Cochran Tom Cunning Raymond Ede Dr. Edgar LuU Jack M. Jlmmlnk Executive Director uny Council Representative BINGO GAMES OF 3/21/83 $5,621.21CASH RECEIPTS Refreshments Door Prize Game Prizes Repayment to Sr« Center for loan TOTAL Gross profit EXPENSES Security Supplies expended in games To loan principal(Mitsubishi Bank) To loan interest TOTAL (Rent 258 Beech Avenue Carlsbad, California 92008 Phone (714) 434-4127 50-00 200.00 ^,513-50 500'005,263-50 357.21 70.40 230.00 15^-55 19.32 474.27 279 753 .00) 27 The loan from the Mitsubishi Bank is $7»727-36 for one year. The interest rate for the second quarter (20Apr-20jul83) is "prime plus 2%". or 12-5#. Bhe amortization of the loan principal is $15^-55 per week, and for the interest $19-32 per week, based on fifty fifty weeks of Bingo. The "Smokeeters" installed in the Harding Center cost $3,168.00 which was taken from the loan proceeds from the Mitsubishi Bank. There are approximately $400-00 to $550-00 worth of expendable supplies on hand at any given time. Attachment B Incorporated In the State of California, Jt i,1975 Corporate number 738726 A Non-Profit Corporation 1 CARLSBAD SENIOR CITIZENS' ASSOCIATION BOARD OF DIRECTORS Dr. Francl* Lintz Chairman Manuel Caatorana Vic* Chairman Ede WntrM Secretary Recording Secretary Treasurer Norrl* Cochran Tom Cunning Raymond Ed* Dr. Edgar Lute BINGO GAMES OF 4/25/83 CASH RECEIPTS $3,703-60 Refreshments Door Prize Game Prizes TOTAL Gross Profit 258 Beech Avenue Carlsbad, California 92008 Phone (714) 434-4127 50.00 200-00 .181.00 ,431.00 272.60 3,703-60 r Jack M. Jlmmlnk Executive Director Ci'.y Council Representative EXPENSES Security Supplies expended in games To loan principal (Mitsubishi Bank) To loan interest TOTAL (Rent 70.40 231.08 154.55 19.32 475-35 279.00) 754-35 -r "Green Sheet" | Carlsbad Parks & Recreation Department May 16, 1983 A contractor has been selected to construct Jefferson Elementary School Park Site. The company of Fritz-Nachant presented a bid of $72,220. If their references check, the contract will be awarded by Council on May 17. The department is sponsoring a Garage Sale on Saturday, May 21st at Holiday Park from 9:00 a.m. - 3:00 p.m. Buyers can browse free of charge! The Parks Division is now building the basketball court at Levante Park. The Summer Brochure will be available after May 19. Spring Clean-up was held during the week of April 18-22. The project was extended a week because of public demand. The Spring Recital is scheduled for May 18 from 7:00 - 8:30 p.m. at the Cultural Arts Center. There will be 3-minute presentations by many of our class participants, i.e. ballet, karate, tap, dancercize, and pre-schoolers. Door prizes will be drawn. For tickets call George Emerson at 438-5589. Marsha Backlund was recently installed as the President-Elect of the Carlsbad Business and Professional Women's Club. I Torrey Duncanson, Doug's son, came home on Mother's Day. Torrey weighs almost five pounds. Just a reminder - The 10K Run is scheduled for Saturday, June llth at 8:00 a.m. in Holiday Park. The department expects 250 runners. Every Tuesday and Thursday you'll find a volleyball game in Holiday Park from 6:00 p.m. to dark. Individuals or teams are invited to play. Co-ed leagues will be formed in the future. Chris Harmon has been selected as the Recreation Specialist to patrol Agua Hedionda Lagoon this summer. Three-man basketball leagues are being conducted by the department at the Carlsbad Boy's and Girl's Club on Thursday evenings. Currently, there are 24 men's teams. "Green Sheet" Parks and Recreation Newsletter April 12, 1983 The department will be hiring a Recreation Specialist to patrol the lagoon during the summer months. We received 7 applications for the position. Carl Pope, Aquatics Supervisor, taught a WSI (Water Safety Instructor) class during Easter vacation. He is now certified as an Instructor Trainer. Doug Duncanson is the proud father of Torrey Mackenzie born March 27th. At birth Torrey weighed 2 Ibs. 14^ oz. and was 15 inches long. Mother and son are doing fine! The Recreation Division will be sponsoring a tennis tournament at Carlsbad High School on April 30th and May 1st. The tournament is for youth ages 10 - 18. The summer softball season is in full swing. There currently are42 men's, 21 co-ed, and 16 women's teams. A joint meeting has been scheduled for the Commissioners of Carlsbad, Oceanside, Vista, and San Marcos. The day is Wednesday, May llth at 6:30 p.m. at the Harding Community Center. The 5th Annual 10K Run is scheduled for Saturday, June llth at 8:00 a.m. The race will begin and end in Holiday Park. Participants can pre-register or register the day of the event from 7:00 - 7:45 a.m. State representatives surveyed the storm damage sustained by the City since January 21, 1983. The damage has cost the City approximately $7,900. On Tuesday, April 5th, the City Council approved accepting new bids for the construction of Jefferson Elementary School Park Site. All bids must be submitted to the Purchasing Department by 4:00 p.m. on Friday, April 29th. The City Council awarded Pacific Elite the Macario Agricultural Lease Contract. Pool parking lot plans are going back to Council. Project cost has been reduced to $26,000.