HomeMy WebLinkAbout04 - CC-6 - Renewal of the Use Agreement w/ Harbor - 1/17/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 17, 2012 ITEM NUMBER:
SUBJECT: RENEWAL OF THE USE AGREEMENT WITH THE HARBOR SOARING
SOCIETY
DATE: JANUARY 5, 2012
FROM: PUBLIC SERVICES DEPARTMENT/ ENGINEERING DIVISION
PRESENTATION BY: ERNESTO MUNOZ, INTERIM DIRECTOR, PUBLIC SERVICES
DEPARTMENT
FOR FURTHER INFORMATION CONTACT: ROBERT STAPLES, CONTRACT
ADMINISTRATOR, (714) 754-5303
RECOMMENDATION
Renew the Use Agreement with the Harbor Soaring Society for use of Fairview Park for a period
of one year.
BACKGROUND
The Harbor Soaring Society (HSS) is a club committed to promoting and improving the
enjoyment of radio -controlled model aircraft flying in Orange County. HSS is an Academy of
Model Aeronautics (AMA) charter club. All members of HSS belong to the AMA, which provides
each flyer with $2,500,000 in liability insurance.
For over thirty years, HSS has used the southern portion of Fairview Park at the northern end of
Canyon Drive as a flying field. This area was designated as a launch/land site for silent flyers in
the approved Fairview Park Master Plan (Attachment 1). In 1996 HSS and the City entered into
an agreement for the placement and use of a temporary storage facility at Fairview Park. This
facility is currently located in the park immediately north of the Waldorf School of Orange County.
In January 2007, after review by the Parks and Recreation Commission, the City Council
approved the Use Agreement between HSS and the City for the group's use of Fairview Park for a
period of five years. The agreement allows HSS to use the launch/land site at Fairview Park and
requires that all members and the organization are properly insured. As per the agreement, HSS
maintains the site by clearing weeds, mowing and removing loose impediments. The term of the
agreement is up for renewal in January of 2012.
In 2007 a permit system was developed by the City and required amendments to the Costa Mesa
Municipal Code for its proper establishment and enforcement. The permit system includes a
permit application, rules and regulations, field rules, and the Academy of Model Aeronautics
(AMA) Safety Code. With the creation of a model aircraft permitting process, anyone wanting to fly
a radio -controlled model aircraft at Fairview Park registers with the Recreation Division and
obtains a permit. The Recreation Manager oversees the permit process. To obtain a permit the
flyer provides proof of liability insurance in the amount of $500,000 either through the Academy of
Model Aeronautics (AMA), their homeowner's insurance policy, or some other form acceptable to
the City. Model aircraft flyers pay an annual fee of $20.00 and agree to abide by the Model
Aircraft Permit Application and Flying Regulations, the AMA Safety Code, Fairview Park Flying
Field Rules, and Costa Mesa's Flying Regulations for Fairview Park Ordinance. Approximately
300 flyers pulled permits in 2011.
ANALYSIS
At their November 16, 2011 meeting, the Parks and Recreation Commission reviewed the request
by HSS to renew the current five year Use Agreement. After hearing from HSS and the public,
the Parks and Recreation Commission recommended to the City Council that the Use Agreement
be renewed for one year. If approved as recommended, the terms of the proposed Use
Agreement with HSS (Attachment 2) will remain the same as the previous agreement. HSS
maintains the field, performs weed abatement twice per year and provides the City with oversight
of the flying area. The Public Services Department administers the agreement and meets with the
club's president on a regular basis at the site to walk the field and review any proposed HSS
improvement projects.
ALTERNATIVES CONSIDERED
The Council may consider denying the one (1) year extension to the Use Agreement with HSS. If
this alternative is selected, the agreement would be terminated and HSS would need to remove
their storage container and signage. City staff would resume the responsibility for the
maintenance of the field for the permitted flyers.
FISCAL REVIEW
No fiscal review is required.
LEGAL REVIEW
The City Attorney's office has reviewed and approved the Use Agreement.
CONCLUSION
The Parks and Recreation Commission reviewed the Harbor Soaring Society's request to renew
their Use Agreement for an additional period of one (1) year beginning January 2012. The Parks
and Recreation Commission recommend that the City Council renew the Use Agreement with the
Harbor Soaring Society for an additional one (1) year term.
N"61-
FAR BA FAZELI,
Interim City Engineer
Attachments: 1. Fairview Park Master Plan
2. Use Agreement
c: Tom Hatch, Chief Executive Officer
ERNESTO MU OZ, Interim Director
Public Services Department
Peter Naghavi, Deputy CEO/Economic Development Director
Bruce Hartley, Maintenance Services Manager
Robert Staples, Contract Administrator
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MASTER PLAN
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rAIRVIEW PARK
CITY OF COSTA MESA:p t10u
A-iT-1MZRr 2
AGREEMENT BETWEEN THE HARBOR SOARING SOCIETY
AND THE CITY OF COSTA MESA FOR THE USE OF A PORTION OF
FAIRVIEW PARK
This Use Agreement ("AGREEMENT') is by and between the City of
Costa Mesa ("CITY"), a municipal corporation and public body, and the Harbor
Soaring Society ("HSS'), a non-profit organization chartered by the Academy of
Model Aeronautics ("AMA") and incorporated in the State of California.
RECITALS
WHEREAS, CITY is the owner of Fairview Park, a public park in the City
of Costa Mesa: and
WHEREAS, HSS is committed to promoting and improving the enjoyment
of model aircraft flying in Orange County, has determined that the use of
Fairview Park would further this purpose, and desires for a portion of Fairview
Park to be used for the flying of certain model aircraft; and
WHEREAS, the approved Fairview Park Master Plan allows for the flying
of model aircraft and provides for model aircraft launching/landing sites at
Fairview Park.
NOW, THEREFORE, for and in consideration of the mutual promises,
covenants, and conditions herein contained, the parties hereto agree as follows:
As used in this AGREEMENT, the term "model aircraft' means all forms of
radio controlled gliders, electric motor gliders, and electric powered model
airplanes and electric helicopters, but does NOT include internal
combustion engine powered aircraft, rockets, and aircraft exceeding the
AMA weight limit. No person shall be permitted to fly an internal
combustion engine powered aircraft or rocket at Fairview Park. All model
aircraft must comply with all applicable provisions of the AMA Safety Code
and all other applicable AMA specifications and safety codes and as
defined as a model aircraft by the Federal Aviation Administration (FAA).
CITY shall allow the taking off and landing of model aircraft in the area of
Fairview Park marked "Silent Flyer Launch/Land Site (Lawn)" (the "Site")
on the City of Costa Mesa Fairview Park Master Plan attached hereto as
Exhibit "B" and incorporated herein by this reference. Such use of the
Site shall be non-exclusive. Model aircraft may only take off from and
land in the Site. Model aircraft may be flown during posted hours. Model
aircraft may be flown as far as unaided visual contact will allow, which
means distance -wise from the pilot, as opposed to altitude. Membership
in HSS shall not be required to fly model aircraft at Fairview Park.
3. HSS shall coordinate with CITY to install and maintain a Frequency Board
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at or near the Site and a system to post and monitor which potential
frequencies may be used for remote control model aircraft operation and
which frequencies are currently in use. All persons flying model aircraft at
Fairview Park ("flyers') shall only use frequencies that are not already
being used as demonstrated by the Frequency Board. Pilots shall only
use radio -controlled frequencies allowed for model aircraft by the Federal
Communications Commission (FCC).
4. Flyers must comply with 1) the Fairview Park rules posted; 2) the most
recent version of HSS's "Fairview Park Flying Field Rules" ("HSS Flying
Rules") (including the provision requiring an active AMA license for liability
insurance purposes or proof of homeowner's or other type of liability
insurance with a limit of no less than $500,000 covering flying of model
aircraft), which HSS shall keep posted at a kiosk next to the Canyon Drive
parking lot entrance to the Site, and which are attached hereto as Exhibit
"C" and incorporated herein by this reference; 3) all applicable sections of
the AMA Safety Code and all other applicable AMA specifications and
safety codes; 4) all applicable FAA regulations, guidelines, and advisory
circulars; 5) all applicable sections of the Costa Mesa Municipal Code,
and 6) this AGREEMENT. In particular, HSS acknowledges that FAA
Advisory Circular 91-57 advises as a safety operating standard that model
aircraft not be flown over 400 feet, and HSS affirms that its members shall
not fly their model aircraft higher than 400 feet above ground level.
5. All flyers shall "pre-flight check" their model aircraft on the ground before
they are flown in order to assure that all controls are working properly.
Flyers shall not engage in combat flying at Fairview Park. Flyers shall
take all actions necessary to avoid flying near other park users. Model
aircraft may not be flown over residences, schools, or parking areas.
Model aircraft shall remain clear of other aircraft at all times in a safe
manner to the extent possible.
HSS shall grade, mow, weed, and otherwise maintain the Site. HSS may
submit to CITY for consideration any proposals to make any modification
to the Site, such as plantings, irrigation or modifications to buildings or
grounds or any construction or improvements. All such requests must be
made in writing to the City of Costa Mesa's Public Services Department,
Parks Project Manager. Such modifications may be undertaken by HSS
only with prior written approval of CITY, shall be subject to all applicable
laws and regulations, and shall conform to the approved Fairview Park
Master Plan.
7. CITY shall provide HSS with no less than fourteen (14) days' notice in the
event that a third party obtains a permit for an event at or in the vicinity of
Fairview Park which model aircraft flying might disrupt or which might
cause danger to the participants thereof. In response, HSS will postpone
and reschedule any flying activity that might disrupt the event or endanger
participants thereof, as determined by CITY.
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8. HSS shall have permission to hold scheduled events at Fairview Park,
such as model aircraft competitions, which may occur over a one or two
day period and include less than 25 participants. HSS shall provide CITY
with notice of such events at least thirty (30) days prior to the event by
electronic mail to the Parks and Recreation Manager. Notice of these
events will be advertised in the HSS monthly newsletter and on the HSS
kiosk at Fairview Park at least thirty (30) days prior to the event. For
events involving 25 or more participants, a Special Events Permit
Application must be obtained, filled out, and approved by CITY a
minimum of thirty (30) days prior to the start of the event. Applications
may be obtained at City Hall.
This AGREEMENT will commence as of the date in which the latter of
CITY and HSS approve and execute this AGREEMENT and will continue
for a period of one (1) year, unless earlier terminated. Either party may
terminate this AGREEMENT at any time, with or without cause, by
providing 30 days' written notice of such termination to the other party.
Upon or just prior to the expiration of the one-year term, this
AGREEMENT may be considered for renewal by the Costa Mesa City
Council, at the request of HSS, for an additional term, the length of which
will be determined by the City Council. Termination or expiration of the
Agreement will not relieve any individual member of the public from the
insurance requirements referenced in Section 4 of this Agreement when
utilizing Fairview Park for model aircraft purposes, provided that CITY
allows such model aircraft activity. CITY may terminate this
AGREEMENT, effective immediately upon notice to HSS, at any time, if
HSS breaches this AGREEMENT in any way and/or if CITY determines
that HSS'S use of Fairview Park creates a safety hazard.
10. HSS may not assign or transfer any of its rights or duties hereunder,
either in whole or in part, in any manner whatsoever.
11. For the term of this AGREEMENT, HSS must submit annually to CITY,
and maintain on file with CITY at all times, a valid certificate of liability
insurance with insurance limits of no less than one million dollars
($1,000,000) Bodily Injury and Property Damage. Such insurance policy
shall contain or be endorsed to contain the following provisions:
A. Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, agents, and employees are additional
insureds with respect to this subject use and contract with City."
B. Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City."
Other insurance: "Any other insurance maintained by the City of
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Costa Mesa shall be excess and not contributing with the insurance
provided by this policy."
12. HSS shall protect, indemnify, defend, and hold harmless CITY, its elected
and appointed officials, officers, agents, employees, representatives, and
volunteers from any damage to property and for injury to or death of any
person and from all claims, demands, actions, liability, expenses,
including attorney's fees, or damages of any kind or nature arising out of
or in connection with the performance of this AGREEMENT, or the use of
the Site by any HSS members and/or their guests, except that which is
the result of the sole negligence of CITY.
13. Whenever possible, each provision of this AGREEMENT will be
interpreted in such a manner as to be effective and valid under applicable
law, but if any provision of this AGREEMENT is held by a court to be
invalid under the applicable law, such provision will be ineffective to the
extent of such prohibition or invalidity, without invalidating the remainder
of such provision, or the remaining provisions of this AGREEMENT. This
AGREEMENT, and all documents attached hereto or made reference to
and incorporated herein, constitutes the entire agreement between CITY
and HSS to the subject matter of this AGREEMENT. No addition to, or
alteration of, the terms of this AGREEMENT shall be valid unless made in
writing and executed by both parties. This AGREEMENT is made and
entered into in the State of California and the laws of said State will
govern the validity and interpretation hereof and the performance
hereunder by the parties herein. In the event of any legal action to
enforce or interpret this AGREEMENT, the parties hereto agree that the
sole and exclusive venue shall be a court of competent jurisdiction located
in Orange County, California.
14. All notices, statements, demands, requests, consents, approvals,
authorizations, appointments, or designations hereunder by either party to
the other will be in writing and will be deemed given and served upon the
other party, if delivered personally or three (3) days after depositing in the
United States mail, postage prepaid, addressed to:
CITY:
Parks Project Manager
City of Costa Mesa, California
77 Fair Drive
P.O. Box 1200
Costa Mesa, CA 92628-1200
HSS:
President, Harbor Soaring Society
P.O. Box 1673
Cost Mesa, CA 92626
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers.
CITY OF COSTA MESA,
A municipal corporation
Date:
Mayor
HARBOR SOARING SOCIETY
Date:
President
ATTEST:
Deputy City Clerk and ex -officio Clerk
of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
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