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IS040_NEWPORT AQUATIC CENTER (2)
*NEW FILE* I30040 LSoyo L STATE OF CALIFORNIA GEORGE DEUKMEJIAN,Governor STATE LANDS COMMISSION EXECUTIVE OFFICE 1007-13th Street KENNETH CORY,Controller Sacramento,California 95814 LEO T.McCARTHY,Lieutenant Governor , CLAIRE T.DEDRICK JESSE R.HUFF,Director of Finance .�.^ •��,1\,•,.,,., . .vac Executive Officer O y • . : , . , .i{ j ix a Z` � , cr '• O � Novembee r 2, 1984 File Ref : SD 84-09-14 d r' G 09-00 W„ G 09-02 City of Newport Beach Planning Department 3300 W. Newport Boulevard Newport Beach, California 92663 Gentlemen: Subject : Initial Study for the Newport Aquatic. 'Center - North Star Beach., Newport Beach, California Staff has reviewed the Initial Study for the Newport Aquatic Center at North Star Beachr together with the - Staff Report dated September 6r. 1983, prepared by the City of Newport Beach which discusses the reduced project area from 61,270 sq. ft. to 20, 000 sq. ft. Based on the staff ' s preliminary review, we wish to offer the following comments regarding the reduced project which will occupy State-granted tide and submerged lands : 1. The project may not in any way violate the terms and conditions set forth in Chapter 415, Statutes of 1975, which granted North Star Beach in trust to the County of Orange for "the establishment and improvement and conduct as a public beach and related facilities. " The statute goes on to state that the uses of the beach must also be compatible and not unreasonably interfere with any use of the adjacent lands identified as ecological reserve areas. City of Newport Beach -2- November 2, 1984 2. The project must conform with the General Plan and the Local Coastal Program Land Use Plan. ' The Recreation and Open Space Element identifies North Star Beach as a public beach. The General Plan LCP/LUP must be revised tb allow North Star Beach to be developed as an Aquatic Sports Center. 3. Any private residential use of the tidelands is considered a non-trust use and therefore not allowed. 4. The project must not in any way violate the Settlement Agreement between the City of Newport Beach, County of Orange, State of California and the Irvine Company, in that the use of North Star Beach cannot unreasonably interfere with the adjacent Ecological Reserve. In addition, the parcel between the bluff and the granted lands held jointly between the City and County is subject to a State-owned easement and must be maintained as such for ingress and egress to other portions of the ecological reserve. 5. The California State Department of Fish and Game must support the proposed project. 6. The State Lands Commission staff must have a revised map which depicts the reduced project area. If the above-mentioned conditions are met and satisfied, the staff of the Commission has no objections to the proposed Newport Aquatic Center. Very truly yours, LESLIE H. GRIMES, Deputy Chief Division of Land Management and Conservation CC,. Patricia Temple, Environmental Coordinator City of Newport Beach P.O. Box 1768 ` Newport Beach, California 92658-8915 N. G. Taylor - Attorney General - Los Angeles Il 08201 I Currently,Southern Orange County is experiencing rapid growth in rowing and paddling sports.At present this growth is being handled by the limited facilities ofg.- Universityof California Irvine and Orange Coast •-�-'- - -- tit ; 3. College,but there are few programs outside of the col- lege level of competition.This makes it extremely difficult for athletes to develop the skills necessary to compete - successfully at a world-class level.The problem is,how- ever,that there is no boat storage,no organized training _ programs,and no accessible facility for these activities - outside ofcollege. .��41> Solution: - Newport Aquatic Center Inc.has proposed through - Measure"O"to lease a small part of North Star Beach for the construction of the facility Benefits: � � - Funding for the construction and operating costs of the facility will be through private donations to the Newport Aquatic Center,a non-profit organization A monthly use-fee for members will be charged so that those who use the center will be the ones who pay for L .rr. its operating expenses. And because this will be a public facility located on city and county managed land,the facility will be available to municipal functions as well. - This project provides for the enjoyment and use bythe public of small boat storage(canoeing,kayaking,and - - _- - _ _ - rowing),multipurpose meeting room,public restrooms, - parking and landscaping. a► The city would be involved in the operation of this facility and would retain the right to use the site for other recreational purposes-For these reasons,the idea of the Newport Aquatic Center INAC)was developed.The main objective of the Newport Aquatic Center is to en- courage and provide for public participation in human- powered aquatic events at all levels of ability This will be done through a non-profit membership organization which will provide for training and workout facilities and -^"M� +1r��•^ir x organized training programs Amateur athletes need the ��- guidance and direction which can be provided by a facility such as the Newport Aquatic Center in order to reach their full potential. -All of the facilities of the aquatic center have been „ designed for use by the handicapped.There will be training programs specifically directed to the handicap- ped enthusiast. - - Rowing and paddling need not be considered a sport of the young,but can be enjoyed by all ages. Measure Aq NewiTC013Coft Newport Aquatic Center WPM I SHALL THE CITY COUNCIL ��e� NEWPORT BEACH BE-AUTHORIZED TO LEASE,FOR TWENTY-FIVE YEARS. YES d ITS INTEREST IN NORTH STAR BEACH TO ALLOW A NON-PROFIT CORPO- RATION TO CONSTRUCT,AT NO COST TO THE CITY,AN AQUATIC CENTER FOR HUMAN-POWERED CRAFT AND NO RELATED ACTIVITIES THAT ARE SUP- PORTIVE OFTHE PRIMARY USE7 NEWPORiBFACH - LIDO ISLE OO 'T�ii BALBOA ISLAND BALBOA Location: North Star Beach is an undeveloped 10+ acre site S. located north of Dover Shores In the upper Newport HAVE YOU Bay.This former tidal marsh took on its present beach- like form In the early 1960's when sand and dredged EVER DREAMED OF yt, material from the main channel was spread on the site. AN OLYMPIC GOLD MEDAL? The Newport Aquatic Center would be situated on a small part of North StarBeachin such a way astomake the best possible use of existing physical features and be You can help... compatible with the Upper Newport Bay Ecological p .• Reserve. by voting YES on measure "O" The Newport Aquatic Center is more thanjusta dream. With your support this community can have a rowing and paddling facility to be proud of....one where we For further information contact: can enjoy the seaside environment more completely Newport Aquatic Center while becoming skilled in a sport that we can enjoy for 200 Newport Center Drive,Suite 301 the rest of our lives. Newport Beach,California 92660 No tax dollarswill be allocated to this project. Sancheztalaricpenvtronmental Impact analysis development processingnmunity planning resource and project managemen associates I 1 PRESS CONFERENCE NEWPORT AQUATIC CENTER NEWPORT BEACH, CA The Newport Aquatic Center is an aquatic training and recreational facility proposed for development on North Star Beach in Newport Beach. The Aquatic Center will be dedicated to providing the public with a facility for human-powered water sports such as rowing, kayaking, outrigging, and related activities. The Newport Aquatic Center Non-Profit Corporation and the City of Newport Beach Parks, Beaches, and Recreation Department are joint applicants in support of this project. The Aquatic Center will be located on a 10-acre site in the upper Newport Bay known as North Star Beach. The facility will be used jointly by the City and the non-profit corporation. The Newport Aquatic Center was envisioned several years ago by William Whitford who was aware of severe limitations in Orange County for waterfront boat storage, dry-land training equipment, Olympic training facilities, and recreational water sports. Through his efforts, on November 2, 1982, the Newport Beach voters overwhelmingly approved a Resolution to lease North Star Beach to the non-profit corporation for the construction of Newport Aquatic Center. Since the approval of the Resolution, the corporation has taken steps towards making the Center a reality. Fund-raising efforts are currently underway to raise the approximately $4 million dollars necessary to construct the Center. The Newport Aquatic Center is scheduled to open to the public on July 4, 1985. suite 140 pa box 1500 corona del mar ca 92625 714-494-1053 2 Persons and Organizations Involved Newport Aquatic Center William Whitford (714) 645-5000, x133 Non—Profit Corporation City of Newport Beach Parks, Beaches, and Recreation Ron Whitley (714) 640-2271 Planning Department Patricia Temple (714) 640-2197 Polaski and Arita Architects Bruce Arita (714) 650-3920 Sanchez Talarico Associates Fred Talarico (714) 494-1053 Dana Privitt Press Conference Speakers Newport Aquatic Center William Whitford, project spokesman Non—Profit Corporation United States Olympic Team Paul Podgorski, assistant coach of the U.S. Canoe—Kayak Team Sheila Conover, member of the U.S. Olympic Kayak Team Polaski and Arita Architects Bruce Arita, project architect i 3 Newport Aquatic Center Statistics Boat Storage (5 bays) 15,000 s.f. Indoor Exercise Area 92400 s.f. Lockers 3,040 s.f. Weight Training/Medicine 32040 s.f. Training Hostel 3,500 s.f. Coordinator Apartment 1,700 s.f. Multi—Purpose Assembly 2,600 s.f. Boat Receiving/Workshop 3,000 s.f. Accessory Facilities (outdoor) 16,230 s.f. Total: 57,510 s.f. Timing Begin Construction November 1984 Completion of First Phase March 1985 Grand Opening July 4, 1985 Completion September 1985 Sanchezdevelopment processtng0—unity planning resource and project management associates SUMMARY 1. Is there an established company behind the Newport Aquatic Center? The Newport Aquatic Center is a non-profit, public benefit corporation filed with the State of California on March 2, 1982. 2. Is the installation of the facility approved? By whom? The Newport City Council approved, in concept, the Newport Aquatic Center in March 1982. The project also received voters' approval in the general election of November 1982. 3. Where is the facility to be constructed? North Star Beach has been set aside for the Center through a Ground Lease Agreement by the City of Newport Beach and Orange County. The agreement was effected in January 1983. 4. How will the Center be built and operated? How will it be financed? The Newport Aquatic Center will be built, managed, and maintained without City funds. All monies are from private and corporate donations, and self-generated income. 5. What is the cost of the project and who will contribute? The Newport Aquatic Center is currently soliciting funds from private sources such as major corporations and individuals who are willing to underwrite all or part of the $4 million project. 6. What is the construction schedule? The Center is a three-phase project. The first phase is an extensive boat storage structure (approximately 15,000 square feet). The cost is set at $1.8 million. The second phase includes areas for sports medicine, weight training, multi-purpose rooms, video rooms, lockers and living quarters for guest athletes and the full-time project executive director. The second phase is estimated to cost $1 million. The third phase includes the indoor exercise area (9,400 square feet) and a pool. The cost is $1 million. suite 140 po. box 1500 corona del mar ca 92625 714-494-1053 2 7. How much space is required for the structures? The entire facility will contain 57,510 square feet under one roof. 8. Are there any other costs? Included in the $4 million budget is $880,00 for an endowment fund to protect the City of Newport Beach. 9. What is the precise budget and cost analysis? A detailed budget is available on request for review. 10. What are the costs for the operation of the facility? Upon completion, the project will be self-sufficient based upon periodic private donations and user fees. 11. Who will be able to use the Newport Aquatic Center? The facility will be available to the general public - including children, adults, families. This will most likely also include many out-of-state and foreign guests from time to time. An example might be serious competitors in training for the Olympics. 12. When will the Center operate? The Newport Aquatic Center is designed and intended for year-round use. It is expected that heaviest usage will be during summer months. Winter usage will probably feature private boat use and indoor programs. 13. What are the various programs that will be available? Recreational schedules will be on a 7-day rotation with levels from Olympic hopefuls to youngsters who seek to learn about various human-powered water craft. No fewer than three 2-hour supervised classes will be held daily covering a variety of boating sports. Off-water training programs include supervised weight training, volleyball, swimming, and sports medicine with professional guidance. 14. Will there be memberships? There are three types of memberships: annual, summer-only, and daily memberships. Sub-categories include those for individuals, couples, and families in each of the basic three categories. 3 15. Is the Newport Aquatic Center a marina? No, it is designed only for .human-powered craft: kayak, canoe, outrigger, and small sabot boating. The intent is to have as little impact as possible on surrounding communities including Dover Shores. 16. What is the public reaction to the overall plan? The ballot measure proved public acceptance by a two-to-one margin. The Center plan includes generous parking will be available the same hours as the public beaches so that participants will not need to use residential parking. 17. Will all activities be at the Center? No, in many cases they only originate at the Center. Field trips, as part of the summer schedule, will be featured to test the knowledge gained by individuals in their chosen activities (such as canoeing and kayaking). The Bay and Ocean will be premium areas of training. Trips to other areas are also in the program. Kernville would be one example for kayak experience. 18. Who will supervise and operate the programs? Bill Whitford assumes direct responsibility for staffing. This will include the size of the staff, their qualifications, and assignments. He will also promote and operate the Center during the course of the year. 19. To whom is Bill Whitford responsible? The Board of Directors and Founder Committee will set policy and Mr. Whitford is accountable to the Board and Committee for all of his decisions. 20. What is the next step? The next action will be the Newport Beach Planning Commission Public Hearing set for July 19, 1984 at 7:30 p.m. in the Newport Beach City Council Chambers. 21. What about insurance? Is there adequate protection? All phases of liability insurance are now under study. Adequate insurance (included in the budget) will be in force. 4 22. If there "outside" response to the Center? Many congratulatory remarks, too many to review here, have been received. However, some are of special interest: Newport Beach Mayor Evelyn Hart; William "Bill" Simon, president of the United States Olympic Committee; Frank Garner, Canadian Olympics Coach; and Helmut Klein, the West Germany National Coach. The foregoing represent only a sampling of the praise for the Center and the donors who will make it a reality. entrance A SOUTH concrete block solar c¢[etaker a0a[lment Panel/clerestory u u" I'S It 3 EAST X "l hrmnN®Ger Dnu beret— LLLLU I - — _- I l • a. E L$. P[.Iwg 0 NORTH metal fool— i 1d Nmb� WEST EXTERIOR ELEVATIONS yN� d x CONCEPTUAL PROGRAM Adult Programs (Year Round) Program People Hours 1. Advanced Individually Monitored (AIM) Kayak 20 6:30 a.m.-9:00 a.m. Rowing 20 & Recreational 20 4:00 p.m. — dusk Outrigger 20 2. Public Instructional Programs (PIP) Kayak 12-20 3 sessions Rowing 12-20 10:00 a.m.-12:00 p.m. Outrigger 12-20 1:00 p.m.-3:00 p.m. Recreational 12-20 4:00 p.m.—dusk 3. Indoor Public Programs (IPP) Stretching Classes 8:00 a.m. Volleyball 10:00 P.M. Other 4. Indoor Multipurposes rooms Team meetings 9:00 a.m. Boating classes to Municipal functions 10:00 P.M. Youth Day Camp — Sports Camp (Summer) 2 week sessions (10 days) 10-12 year olds 12-14 year olds 14-16 year olds 16+ year olds Y 2 Activities will include whitewater rafting, barge rowing, outrigging, indian canoeing, recreational rowing, one man rowing, and competitions. The number of youths participating in these activities will depend upon community support. other activities will include surf distance paddles, wave ski trips, white water trips, competitions, and introduction to life guarding. NEWPORT AQUATIC CENTER DEVELOPMENT SCHEDULE The following is an outline for the proposed timing of the processing and development of the Newport Aquatic Center on North Star Beach in the City of Newport Beach. It is projected that the opening day of the facility will be July 4, 1985. A modified program of activities will be available for the community in the summer of 1985. Full operation will begin in the Spring of 1986 with a full schedule of summer programs available. PROCESSING Permit Start/File Finish Initial Study 4-23-84 6-4-84 Use Permit 6-22-84 7-19-84 Coastal Permit 7-20-84 9-7-84 1601 Permit 9-7-84 10-7-84 Harbor Permit 7-5-84 7-23-84 Lease Agreement 5-30-84 7-23-84 Army Corps Permit 8-7-84 10-7-84 Regional Water 9-7-84 10-7-84 Grading Permit 9-8-84 10-7-84 Building Permit 10-1-84 11-1-84 CONSTRUCTION Activity Start Finish Grading 11-1-84 11-15-84 Construction: Phase 1 11-15-84 3-19-85 Phase 2 11-15-84 6-30-85 Phase 3 11-15-84 9-15-85 �r 0 CITY OF NEWPORT BEACH C UN CIL ME 8 RS MINUTES yG'li ROLL CALL d+ �� August 23, 1982 INDEX (b) Mercury Casualty Co. for Michael Reyes for 1,4ercury Cas/ property damage alleging Police Department Reyes vehicle rear-ended claimant's parked, unoccu- pied automobile into a barricade on Olive Street, on July 5, 1982. (c Metropolitan Property & Liability for TobeyMetropolitan/ Rosen for property damage, alleging City Tobey vehicle hit side of claimant's automobile on ista Noblesa on July 1, 1982. For rej tion - not timely filed: (d) West e Cement Contractors, Inc. for personal Western Cem/ injuri s of Stella Dodge as a result of trip- Dodge - ping an falling on sidewalk on 205-30th Street, n August 22, 1981. 7. SUMMONS AND CO INTS - For denial and confirmatio of the City C.er 's referral to the claims adjuster: (a) George R. and hirley Loftis for personal Loftis injuries and d ages on October 28, 1978 allegedly sustai ad from City Police Officers; original false ar est claim filed on February 12, 1979 and claim or emotional distress filed on October 23, 1979. 8. REQUEST TO FILL PERSONNEL CANCIES - For approval: (66) (Report from the City Manage ) (a) One Police Officer, Polic Department. (b) One Animal Control Officer, Police Department. (c) One Equipment Serviceworker, neral Services Department. (d) One Secretary, Parks Beaches and ecreation Department. (e) One Recreation'Clerk-Typist, Parks, eaches and Recreation Department. 9. STAFF AND COMMISSION REPORTS - For Council i forma- tion and approval: (a) Report from the Assistant to the City Mana r CATV/Grp W regarding CITY COUNCIL ACCEPTANCE OF VIDEOT�E Videotp Eq EQUIPMENT FROM GROUP W CABLE. (42) (b) BALLOT ARGUMENT IN FAVOR OF Election/No. LEASE AT NORTH STAR_BEACH. Star AgCtr (39) (c) Subcommittee report on Ca trans est—regaroLIPg PB&R CALTRANS CALTRANS WEST PROPERTY. WEST Prpty (62) (d) Report from the City Attorney -RA'-ding CON- O/C Arpt/Litg FIRMATION OF ATTORNEY'S E ESTIMATE - AIR- Fees PORT LITIGATION. C-2331 (38) f olume 36 - Page 262 f RTY OF NEWPORT BPACH C UNCIL ME B RS MINUTES 9 G y N 9 ROLL CALLS N� August 23, 1982 INDEX (e) Report from Board of Library Trustees regard- Library Bd ing CHANGE IN BY-LAWS/LIBRARY BOARD MEETINGS. Trstes B-Lws (24) 10. 19TH STREET/BANNING AVENUE BRIDGE OVER THE SANTA W/SAna Brdg ANA RIVER - Adopt a motion expressing official City (74) upport for early implementation of the proposed roject for extending 19th Street and Banning A enue with a new bridge over the Santa Ana River. (R port from Public Works) 11. ACC TANCE OF STORAGE BUILDING AND ENGINE ROOM AT Big Canyon/ BIG ON RESERVOIR I(C-2199) - Accept the work; Strg & Eng Rm and a thorize the City 'Clerk to file a Notice of C-2199 Comple ion and release the bonds 35 days after (38) Notice f Completion has been filed. (Report from Public rks) ' 12. ACCEPTANC OF MISCELLANEOUS PARKING LOT IMPROVE- MiscPkg Lot MENTS (C-2 88) - Accept the work; and authorize the Impvms City Clerk o file a Notice of Completion and C-2288 release the onds 35 days after Notice of Comple- (38) tion has been filed. (Report from Public Works) 13. APPROVE SUBDIV ION AGREEMENT (RESUB No. 683) - Resub 683/ Guaranteeing co letion of the public improvements MacArthr B1 required with Re ubdivision No. 683; authorize the (84) Mayor and City C1 rk to execute said agreement; and accept the offer o dedication of easements for pedestrians and bic Iles as shown on the subject map and accept the hicular access rights to MacArthur Boulevard released and relinquished. (Report from Public W rks) 14. ENCROACHMENTS INTO 36 STREET ADJACENT TO 3601 Perm/Euchrm FINLEY AVENUE - Direct aff to revoke the existing 36th/Finley permit for an encroachme t fence and gate in 36th (65) Street; and to notify the current property owner to remove the encroachments. (Report from Public Works) 15. APPROVE APPLICATION OF MR. W. A. RENNEKAMP - To perm/Enchrm construct a 3-foot-high Timbe Retaining Wall in Rennekamp the parkway at 3611 Ocean Boul vard, subject to (65) the Applicant signing a license agreement for nonstandard improvements. (Repo t from Public Works) 16. ACQUISITION OF TEN FEET OF RIGHT-0 WAY AT 3430 Prpty Acq/ IRVINE AVENUE AND TWENTY FEET OF RI T-OF=WAY AT Irvine Av 3500 IRVINE AVENUE - Authorize the p rchase of a (73) ten-foot-wide 'strip of land at 3430 I ine Avenue for street purposes for $13,000; autho ize the purchase of twenty-foot-wide strip of 1 nd at 3500 Irvine Avenue for street purposes for $ ,000; accept a grant deed from Phillip A. Stev a and Barbara A. Stevens for the partial taking of land at 3430 Irvine Avenue; and accept a grant eed from David Magilavy and Rods, Magilavy for t e partial taking of land at 3506 Irvine Avenue (Report from Public Works) Volume 36 - 263 (CUN(3E AGENDA ARGUMENT IN FAVOR OF MEASURE "0" NO ..�� • North Star Beach is an undeveloped 10+ acre site located north of Dover Shores in the Upper Newport Bay. This seldom-used site would be ideal for the recreational use of human-powered craft (canoeing, rowing and kayaking) . This popular sport has no present public location in Newport Bay. Voting "Yes" on this measure would permit the Newport Beach City Council to negotiate a lease of the property for development of a public facility to a nonprofit corporation at no cost to the City. This project provides for the enjoyment and use by the public in the use of small boat storage, multipurpose meeting room, public restroom, parking and landscaping. All ongoing operating costs would be borne by the lessee. The City would be involved in the operation of this facility and would retain the right to use the site for other recreational purposes . VOTE YES ON MEASURE 110" 4PHIL EVELYN R. HART .ftM�URi Mayor Pro Tem Council Member • t CITY OF NEWPORT BEACH C AU C9IL� S� MINUTES Lti � ROLL C Au ust 9, 1982 INDEX All Ayes �e The motion on the floor was voted on, and carried. E. \PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The follows g actions were taken as indicated, except All Ayes for those it ms removed: 1. ORDINANCE FOR INTRODUCTION: Pass to second read- ing and ado tion On August 23, 1982: (a) Proposed rdinance No. 82-18, being, Ord 82-18 VehCode/Edcm AN ORD ANCE OF THE CITY OF NEWPORT BEACH (85) RESCINDI G SECTION 12.66.040 OF THE NEWPORT B CH MUNICIPAL CODE REMOVING VEHICLE COD ENFORCEMENT FROM PRIVATE STREETS IN ORT CREST. (Report from Traffic Affair Committee) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 82-118 reing vehicles on Tfk/Signals & Prospect Street to stop at Seashore Drive and Signs directing the Traffic Engin r to erect and Res 82-118 maintain all necessary signs hereat. (Report (85) from Public Works) (b) Resolution No. 82-119 approving p rticipation Garbage/Trsh in litigation against the County h regard O/C Land Fill to County Land Fill Gate Fees. (Rep rt from Res 82-119 City Attorney w/ resolution) (44)/(54) (c) Resolution No. 82-120 approving_a Dam Fai ure Flood Cntrl/ Evacuation Plan (DFEP). (Report from the Rity Dam Failure Manager) Res 82-120 _ 79) (d) Resolution No. 82-121 requesting -the Orange No.Star Bch/ County Board of Supervisors to consider the Aquatic Ctr adoption of a Joint Powers Agreement relative Res 82-121 to the establishment of an Aquatic Center on (54) North Star ,Beach..—(Report from Assistant City Attorney) 3. CONTRACTS/AGREEMENTS - For approval: F" (a) Removed from the Consent Calendar. / r,, (b) Agreement with Jean Tandowsky �Pr services as Arts Comsn a publicity consultant for the City Arts Pblcty/82-83 Commission 1982-83 Fiscal,,y�ear; and authorize C-2116 the Mayor and City Clerk to execute said (38) agreement. (Report fx ;m Chairman of the Arts Commission) //l 4. COMMUNICATIONS - For referral as indicated: (a) To Pending Legislation and Procedural Ethics Legislation Commit-fee: California Water Resources Associa- (48) tion(Water Resources Statutory Initiative); Ad request for recommendations on budget finalization of cities from California Assem- blyman (27th District) Larry Stirling. Volume 36 - Page 249 C,Y OF NEWPORT B•CH C UNCIL ME B RS MINUTES ROLL CALL O'cP �9 August 9, 1982 INDEX (b) To Newport Beautification Citizens Advisory Garbage/Trsh Committee for reply and report back, request (44) for trash can at bus stop on 32nd Street, in front of Market Basket, Carl's Jr. , and Kentucky Colonel from Bettie Givens. (c) To City Clerk for reply, confirmation of O/C Health William Cunningham as the City's represen- Ping Asmbly tative to the Orange County Health Planning (54) Council Assembly, and Augene 'M. Lyons as Alternate. (d) To Bicycle Trails Citizens Advisory Committee SAna River for inclusion in the records, personal thanks Bic Bridge/ rom R. H. Clucas, President, West Newport (74) B ach Association, for bicycle bridge over th Santa Ana River. (e) To he Planning Department for reply and SAna Hgts/ incl sion in the records, letter from Les tong & Annex Waver y regarding Santa Ana Heights zoning/ (21) annex a ion. (f) To Busi ss License Supervisor for reply, Taxis/Yellow letter f om Richard DeLaney regarding Orange Cab (86) County Ye low Cab (Tate, Inc.)- (g) To Traffic £fairs Committee for report back, Tfk/5th Ave letter from base 0. Sanderson, Jr., with (85J petition req esting change of traffic circu- lation on Fif h Avenue, east of Jasmine and west of Jasmin alley. (h) To staff for inc usion in the records, letter Refuse/Grbg of Alan L. Blum pmmending driver of City (44) vehicle 43613 for abiding by the speed limit laws on Bayside Dr ve on July 26 at 10:39 a.m. (i) To Building Departme for reply, letter from Bldg/(26) Sanford Newton regard g property at 2149 Miramar Drive. (j) To tpe Executive Assis\there the City Man- O/C John ager for inclusion in rds, letter, Wayne Airprt from Quick Corporationica opposing (54) any airport expansion. (k) To City Council Ad HocCommittee, Resolutions/ Resolution of the Cityeim (82R-386) Other Cities affirming opposition tommendation of (77) the Orange County BlueRegional Air- port Committee of Santy n for a new regional airport site. 5. COMMUNICATIONS - For referral to the Ci y Clerk for inclusion in the records: (a) Letter of thanks to the City Council for the opportunity to present the urgent nee for Orangewood, and Council's participatio toward funding. Volume 36 - Page 250 • MEMORANDUM OFFICE OF THE CITY ATTORNEY August 5, 1982 Agenda Item No. F2d To: Honorable Mayor & Members of the City Council From: Robert H. Burnham - Assistant City Attorney Re: I Aquatic Center - North Star Beach DISCUSSION On August 3, 1982, Councilman Philip Maurer and members • of the City of Newport Beach staff met with Doreen Marshall, Executive Assistant to Supervisor Riley and Bob Wingard, Orange County Environmental Management Agency Manager to discuss the proposed Aquatic Center for North Star Beach. It was suggested by Ms. Marshall and Mr. Wingard that the City Council of the City of Newport Beach adopt a Resolution, requesting the Orange County Board of Supervisors to direct County staff to pursue further discussions with the City concerning the Aquatic Center so that, if voter approval is obtained, the two public entities can promptly process the proposed recommendation. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution. • obert H. Burnh RHB/pr Attachment M2QAquatic CONCUR: /Y� 1po' Michael H. Miller F- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSIDER THE ADOPTION OF A JOINT POWERS AGREEMENT RELATIVE TO THE ESTABLISHMENT OF AN AQUATIC CENTER ON NORTH STAR BEACH WHEREAS , the City of Newport Beach and the County of Orange jointly own certain filled tidelands., commonly known as North Star Beach, which adjoin a portion of Upper Newport Bay; and WHEREAS , the City of Newport Beach has approved, in concept only, a proposal submitted by Newport Beach Aquatic Center , a non-profit corporation, which calls for the construc- tion, at no cost to the City of Newport Beach or the County of Orange, of an Aquatic Center on North Star Beach; and WHEREAS, the construction of an Aquatic Center on North Star Beach would constitute a significant benefit to both the City of Newport Beach and the County of Orange in that the faci- lity would be available for use by members of the general public and will service the needs of the large number of persons who own human-powered watercraft; and WHEREAS , the City Council of the City of Newport Beach is submitting the proposed Aquatic Center proposal to the voters of the City of Newport Beach, pursuant to the provisions of Section 1402 of the City Charter of the City of Newport Beach; and WHEREAS, City and County staff have met and discussed said proposed Aquatic Center and, have determined that, if the Aquatic Center is approved by the Legislative bodies of the City • of Newport Beach and the County of Orange, a Joint Powers Agreement would be the most efficient means of supervising the construction and operation of the facility; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby requests the Board of Supervisors of the County of Orange to direct ,appropriate County personnel to study the proposed Aquatic Center, to discuss with staff from the City of Newport Beach, the preparation and adop- tion of a Joint Powers Agreement relative to said Aquatic Center, and to request that County personnel submit a report to the Board of Supervisors, at such time as the Board may designate. ADOPTED this _ day of , 1982. ,I Mayor ATTEST: City Clerk I R4I-Aquatic t 2 CITY ATTORNEY MEMORANDUM ,7 , Dave harshbarger Ron Whitlel. To:— Jim Hee7icker� Date 3-3-82 Subject: attached Attached please find a diagram showing the two parcels that comprise North Star Beach, and describes the parcels in detail. I� fit n �f\ � PUG c'�• 12 �� N�VPtiCA�FF � Bob Burnhara to OAIVf � Y >o `\ a` Ys »ar u.so� •a•a4 �.[y yval:` , a � suvtuw.bnw '• . '\ �h q \ ?b*`�—ss' ::tee; ,os'. — use - -• re Nvalr4mw.beu , � as a Jt ,J quYY „1.[� atPtl l>w av-J[f[w YbSOtalyt ' . C` � /1.1� ��G• .It � nr if � .;��`�• >.r......../f.I.rn>.. all 1-1 tl I W4nL 61ilSp ",p. H• I0I • - _ ufw. ~-emu»..r.. \� . ' I . JLU�, �L»./o.°xcc^"i+.YtBix. 3 ,..y.•.�I. itl ••4��:1� • 'b tol b•alw'e.rzt4 _ _ '<nl Mer • - J•,I„m � • � _ �� �� - � Vl•5Yµ L411[�l•'CNnY�IpY>I.M,tiIt/-It flIf.GEI.:• J LC Iy IOIx �` NORTH STAR BEACH A�Y OF NEWPORT BPACH C UNCIL ME B RS MINUTES yG� ROLL CALLS July 26, 1982 INDEX Letters from Ron Luther, 530 Kings Road, and Plang/Kings President of the Cliff Haven Community Association Road Setbck regarding setback restrictions on the bluff side of (68) Kings Road, were presented. on Luther, 530 Kings Road, addressed the Council a d stated that construction has begun on two ho ses at 521 and 525 Kings Road, which he felt wer "real view blockers." He urged that Council take action as soon as possible with respect to thei\nas uests. Motion x Motio made to refer the subject two letters to the Ping Commission for review and report back. Carol Dre\was Kings Road, addressed the Council and relatxperience with respect to the building home, and spoke in support of the requests. All Ayes The motiooted on and carried. 6. Report from the P anning Department regarding the GPln Amnd/ INITIATION OF A GE RAL PLAN AMENDMENT to review Housing Elmnt and update the HOUS NG ELEMENT, was presented. (45) It was recommended by the City Attorney that the suggested action appea in in the staff report from the Planning Department be amended to read as follows: "Instruct the staff t initiate proceedings, including the noticing of a public hearing, for the application for the use of community development block grant CDBG) funds." Motion x Motion was made to approve the ended language, as set forth in the foregoing. Council Member Hummel stated for t record: "I am going to oppose the motio because I am dramatically dedicated against v ing for any block grant funds, which would any bearing on how the City handles it housing." Ayes x x x x x The motion was voted on and carried. Noes x Abstain x 7. Proposed resolution requesting the Orange Co ty Election/ Board of Supervisors to Consolidate a Special Spcl Cnsldtn Municipal Election with the Statewide General (39) - Election; AND 8. PKgpos-ed_resolution authorizing, certain members of Ballot Argumt the City Council to file a Written Argument regard- Aquatic Ctr/ i North Star Beach Aquatic (39) Centg), with report from the Tidelands Affairs Committee and City Attorney, were presented. Volume 36 - Page 241 I CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALLS ss 9 July 26, 1982 INDEX Motion x Following recommendations by the City Attorney and Res 82-116 All Ayes Council Member Strauss, motion was made to adopt Resolution No. 82-116 requesting the Orange County Board of Supervisors to Consolidate a Special Muni- cipal Election with the Statewide General Election, with the ballot language amended to read as follows: "Shall the City of Newport Beach be authorized to lease, for twenty-five years its interest in North Star Beach to allow a non-profit corporation to construct, at no cost to the City, an aquatic center for human-powered craft and related activities that are support- ive of the primary use?" AND Adopt Resolution No. 82-117 authorizing certain of Res 82-117 t e City Council Members to file a Written Argument regarding Ballot Measure (North Star Beach Aquatic Center), changing the wording in Section 1 from "against," to "in favor of." H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 82-14, being, Ord 82-14 Time-Share AN ORDINANCE OF THE CITY OF NEWPORT B H Fri/Zoning AMENDING TITLE 20 OF THE NEWPORT BEAC MUNI- (94) CIPAL CODE PROHIBITING THE DEVELOP T OF TIME-SHARE PROJECTS WITHIN THE CI OF NEWPORT BEACH, Planning Commission Amendment No. 5 , a request PCA 573 initiated by the City of NYading. ach to consider amendments to Titles 3 andhe Newport Beach Municipal Code establishintions pertaining to time-share developmentsCity of Newport Beach, was presented for second Report from the Planni Department, was presented. Supplemental report rom the City Attorney, was .presented. Motion x Motion was made o adopt Ordinance No. 82-14. Ayes x x x x x x Abstain x I. CONTINUED SINESS: I. ENVIRO NTAL QUALITY CITIZENS ADVISORY COMMITTEE: EQ/CAC (24) Volume 36 - Page 242 • MEMORANDUM OFFICE OF THE CITY ATTORNEY July 21, 1982 Agenda Item No. F2 (d) To: Honorable Mayor & Members of the City Council From: City Attorney' s Office & Tideland Re: Aquatic Center - North Star Beach On July 12, 1982, the City Council directed staff to prepare Resolutions calling for a Special Election, for purposes • of submitting the proposed Aquatic Center on North Star Beach to the electorate pursuant, to §1402 of the City Charter of the City of Newport Beach. Said Resolutions have been prepared, approved by the Tidelands Affairs Committee and are attached for Council'•s information. It is recommended that these Resolutions be adopted at the City Council meeting of July 26, 1982. R©BERT H. BURNHAff- Assistant City Attorney Concur : A Michael H. Miller City Attorney RHB/pr • RESOLUTION N0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • NEWPORT BEACH, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A BALLOT MEASURE. WHEREAS, a regular general municipal election is to be held in the City of Newport Beach, California, on November 2, 1982, at which there will be submitted to the qualified electors of said City the following measure: SHALL THE CITY OF NEWPORT BEACH LEASE, YES FOR TWENTY-FIVE YEARS ITS INTEREST IN NORTH 'STAR BEACH TO ALLOW A NON-PROFIT NO CORPORATION TO CONSTRUCT, AT NO COST TO THE CITY, AN AQUATIC CENTER FOR HUMAN- POWERED CRAFT AND RELATED ACTIVITIES • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS : Section 1. That this City Council, being the legislative body of the City of Newport Beach hereby authorizes: and CITY COUNCILMAN PHILIP R. MAURER CITY COUNCILWOMAN EVELYN HART who are members of said body as well as members of The Tidelands Affairs Committee, to file a written argument against the ballot measure set forth in the recitals hereof in accordance with Article 4 , Chapter 3, Division 5 of the Elections Code of the State of California and to change said argument until and including the date fixed by the City Clerk after which no arguments for or against said Ballot measure may be submitted to the City Clerk. PASSED, APPROVED AND ADOPTED on , 1982. Mayor of the City of Newport Beach, California ATTEST: City Clerk of the City of Newport Beach , California (SEAL) R-4G-Special3 • RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 1982, FOR SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY A RESOLUTION RELATING TO THE LEASE OF WATERFRONT PROPERTY BY THE CITY OF NEWPORT BEACH FOR THE PURPOSE OF CONSTRUCTING AN AQUATIC CENTER ON NORTH STAR BEACH WHEREAS , the City of Newport Beach, on January 9 , 1978 , by Resolution No. 9262, accepted a Grant Deed from the County of • Orange, conveying to the City of Newport Beach a one-half interest in certain real property described as follows: "A parcel of land in Upper Newport Bay adjacent to Block 53, Irvine' s Subdivision in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 1, page 88 of Miscellaneous Maps in the Office of the County Recorder of said Orange County being bounded as follows: Bounded northerly and northwesterly by the southerly and southeasterly boundary lines of the land described in parcel 3 in a deed to the County of Orange, et al. , recorded April 22, 1975, in Book 11382, page 1923 of Official Records in the Office of said County Recorder. Bounded southwesterly by the northeasterly line of North Star Lane as shown • on a map of Tract No. 4224, recorded in Book 157 , pages 1 through 14 of said Miscellaneous Maps. Bounded easterly and southeasterly by the westerly line of that certain parcel of land described in a deed to the State of California, recorded March 30 , 1976, in Book 11688 , page 1455 of said Official Records. " and commonly known as North Star Beach; and WHEREAS , on March 22, 1982, and again on July 12, 1982, the City Council of the City of Newport Beach approved, in concept, the construction of an aquatic center for human-powered craft and related activities on North Star Beach; and • WHEREAS , the proposed ,facility, based upon the plan presented to the City Council, would be constructed by Newport Beach Aquatic Center , a .non-profit corporation, without cost to the City of Newport Beach; . and WHEREAS , the financial commitments necessary to, ensure construction of the aquatic center without cost to the City will be difficult, if not impossible, to obtain in the absence of a long-term commitment of the City ,of Newport Beach to lease, to' Newport Beach Aquatic Center, its interest in North Star Beach • for purposes of constructing the facility; and WHEREAS , the City of Newport Beach will, in consideration of the ' ground• lease, receive the, right to use a portion of the aquatic center , at certain times, for recreational purposes; and WHEREAS, the City Charter of the City of Newport Beach provides that no waterfront or beach property owned by the City shall be leased unless and until the leasing of the property has , • been approved by a majority of the electors voting on such a proposition at a special election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the provisions of the City . Charter of the City of Newport Beach and the laws of the State of California relating to Municipal Elections , there shall be, and there is hereby called and ordered held, in the City of Newport Beach, County of Orange, State of California, on Tuesday, November 2, 1982, a Special Municipal Election of the qualified 2 L • electors of said City for the purpose of submitting the following ballot measure, to wit: SHALL THE CITY OF NEWPORT BEACH LEASE, YES FOR TWENTY-FIVE YEARS, ITS INTEREST IN NORTH STAR BEACH TO ALLOW A NON-PROFIT NO CORPORATION TO CONSTRUCT, AT NO COST TO THE CITY, AN AQUATIC CENTER FOR HUMAN- POWERED CRAFT AND RELATED ACTIVITIES SECTION 2. That the ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. • SECTION 3. That the polls for said election shall be open at seven o'clock a.m. , of the day of said election and shall remain open continuously from said time until eight o'clock (8 :00 p.m. ) of the same day when said polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 4. That in all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. SECTION 5. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby autho- rized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. SECTION 6 . That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. • 3 • SECTION 7 . That this Resolution shall take effect imme- diately. ADOPTED this _ day of , 1982. Mayor • ATTEST: City Clerk R4G-Special • • 4 • RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE BOARD OF SUPER- VISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF NEWPORT BEACH WITH THE STATEWIDE GENERAL ELEC- TION, PURSUANT TO SECTION 23302 OF THE CALIFORNIA ELECTIONS CODE WHEREAS, a Special Municipal Election is to be held in . the City of Newport Beach on November 2, 1982, relating to 'the ' proposed ground lease, by the City of Newport Beach to a non- profit corporation, of the interest of the City of Newport Beach in North Star Beach, to allow for construction of an aquatic center for human-powered craft; and WHEREAS , it is desirable that said Special Municipal Election be consolidated with the Statewide Election to be held on the same date and that within said City, the precincts, poll- ing places and election officers for the two elections be the same, and that the Registrar of Voters of the County of Orange, canvass the returns of the Special Municipal Election, and that the Statewide Election and Special Municipal Election be held in • all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS : 1. That pursuant to the requirements of Section 23302 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange be and hereby is, requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Election to be held on November 2, 1982, for the purpose of submitting to the qualified voters of said City, a ballot measure relating to the proposed ground lease, by the City of Newport Beach to a non-profit corporation, • of the interest of the City of Newport Beach in North Star Beach, to allow for construction of an aquatic center for human-powered craft and related activities. � J • 2. That on the ballots to be used for said Special Municipal Election, ' in addition to any other matters required by law, there shall be printed, substantially, the following: SHALL THE CITY OF NEWPORT BEACH LEASE, FOR TWENTY-FIVE YEARS ITS INTEREST IN YES_ NORTH STAR BEACH TO ALLOW A NON-PROFIT CORPORATION TO CONSTRUCT, AT NO COST TO NO THE CITY, AN AQUATIC CENTER FOR HUMAN- POWERED CRAFT AND RELATED ACTIVITIES 3. Said Board of Supervisors is hereby requested to issue instructions to the Registrar of Voters to take any and all • steps necessary for the holding of said consolidated election. 4. The City of Newport Beach recognizes that addition- al costs will be incurred by the County by reason of this consolidation, and agrees to reimburse the County for any such costs. 5. That the City Clerk for the City of Newport Beach be, and hereby is, directed to file a certified copy of this , Resolution with the Board of Supervisors and with the Registrar of Voters for the County of Orange. ADOPTED this _ day of , 1982. h• Mayor ATTEST: City Clerk R4G-Special2 I t • • CITY OF NEWPORT BEACH Office of CITY ATTORNEY July 21 , 1982 / To: Jim Hewicker, Dave Harshbarger, Ron Whitley From: Assistant City Attorney Subject: Newport Beach Aquatic Center/North Star Beach The City Council, on July 26, 1982, will place on the November ballot a measure relating to the proposed Aquatic Center to be constructed on North Star Beach. The material attached to this memorandum establishes the manner in which the City acquired an interest to North Star Beach (deed and Resolution 9262) and contains certain other information that may be of assistance during the processing of the project, assuming the voters approve same. R BERT H.BURN�II AM 0 RHB/BF - attachments �L : • • r- BK 12594P6 990 Recording requested by and return to: City Clerk, City of Newport Beach• 3300 Newport Blvd. Newport Beach, CA 92663 RECORDED IN OFFICIAL RECORDS wp OF ORANGE COUNTY, CALIFORNIA EXPa1PT 45 Past 40 A M MAR 13 1978 C 5 J.WYLlS CARLYL"c,County Recorder AP No. — (None) _ City Clerk Project No. PM 1008 S Deed ��� �,� yt =• ; ^, t /�dZ'=x Project: Upper Newpor + ba.,. � +j No. (North Star !3 cha[CEi5W,c_� Parcel No. 22 / _ CITY CLERK I 14AR 2 0 1978 9 GRANT DEED 1tY9 � Bf5CIJ j� CALIF r FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged , COUNTY OF ORANGE 1 does hereby GRANT to / 7 CITY OF NEWPORT BEACH an undivided one-half interest in and to the real property in the County of Orange, State of California, described as: A parcel of land in Upper Newport Bay adjacent to Block 53, Irvine' s Subdivision in the city of Newport Beach, county of Orange , state of California, as shown on a map recorded in book 1 , page 88 of Miscellaneous Maps in the office of the County Recorder of said Orange County being bounded as follows : Bounded northerly and northwesterly by the southerly and south- easterly boundary lines of the land described in parcel 3 in a deed to the County of Orange, et al . recorded April 22, 1975 in book 11382, page 1923 of Official Records in the office of said County Recorder . Bounded southwesterly by the northeasterly line of North Star Lane as shown on a map of Tract No. 4224 , recorded in book 157 , pages 1 through 14 of said Miscellaneous Maps . Bounded easterly and southeasterly by the westerly line of that certain parcel of land described in a deed to the State of California , recorded May 30 , 1976 in book 11688 , page 1455 of said Official Records. 1 i 8X 12E.94PC 991 The above described property is granted subject to all of the terms , conditions and reservations created by an Act of the Legislature of the State of California as contained in Section 1 of Chapter 415, Statutes of 1975, which provides in part as follows : 1 ) That said land shall be used for the establishment, improve- ment and conduct of a public beach and related public facilities ; provided however , that if, at any time the City of Newport Beach no longer uses said land for such a purpose the land so granted shall revert to the County of Orange. 2 ) The use of said land shall be compatible and not unreasonably interfere with any use of adjacent lands in accordance with paragraph (3 ) of subdivision ( a) and subdivision (h) of said section. r SLS/so 48B4-2 -2- 9. 137 DK 125-94PG 99.2 Date____ — /5 -_� COUNTY OF RANGE �/ Byh�'- Chairman, Board of Super isors i CIO ATTEST: / UJU�LEXANDER Clerk of the Board of Supervisors of Orange County, California STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this Z day of �, 1977, before m , a Nota Py� jic in fLfand for said County and State , personally appeared &-7_ 7. IC�4-&4 as Chairman of the Board of Supervis rs of Orange County, California, who is known to me to be the person described in and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of said County of Orange and as such officer thereof. DK 12E'94P6 993 This is to certify that the interest in real property conveyed by the deed or grant dated __ November 15, 1977 from The County of Orange to the City of Newport Beach, a municipal corporation, is hereby accepted by order of the City Council on the _ 9th day of January 19 78 , and the grantee consents to recordation thereof by its duly n authorized officer. Dated: March 9, 1978 �f By. City Clerk of&e City R-9262 of Newport Beach 7 . 1J / .. Middle Island '• - - -- Jointly ..owned by City and County ! Shellmaker Island (per Upper Nwpt. J \Bay Settlement Agreement) •v' NORTH STAR BEACH kf1�TIPh,i ate//j - •: - '� ; 7 - -- . •:Ci: p COUNTY OF ORANGE PM loos-22 •�� Upper Newport Bay j NORTH STAR BEACH - � • ��, yl � ,� DRAWN BY: ,S.CS APPROVED BY: '� DATE: 7-2(p-77 DRAWING NO. `3 2594P6 995 I S` ...�';\,/ `�`�. ,Y �^ � ,-•t/`- �/ `per 4 S -` 1\\ �C !:' yy��Q' 'T�' Ctif+.\f•l �'. ��r "-'� �i T � MMM\` �.., ` •�SeAvkwl t�o sM i ,) .)�! /K r`blonre+R.H �.vJ✓'� . -.j Joaq .� 'ti ' S 1 �I un,� �ra•HeiYtits gJ�4Y < Xh r, S�//' ' ,.i:': I,t�?,, . _ s^•"sy� yam. ��' �— -•• _ \'i '?t. on I'o0 C :a G- F t}`"`� y >s � 4 t�f�,;"�^:.�:�:,. 4 Salt 'm� .�'•,,,. Ors �r c1. v/t'i,lh•ll a:' ;-1:,:g. � � H \' , �<J c 1 OAK V �; ` =6 •v � '•e2r^, . �1• 3:..:•� :.��'.' ' - �• y hrLyJfe " .+, r Q6r : .;.•• /,' 4. ;'�• 'tit^:4'1z,;:`.r;a. �^�'� P •/ n° jV 't/ I i:' , � . F �'r •/-> ,"�•".@ • Th •-_..Ii.� 1J �•O. IT'��`r711�,�4_�'I r.�,��=' 11, ,i -: _>� �' �`"'S,• �n _ - - ����/ k��� •``�':-%''fit% --' '•I i // *�;�~�� s C Nupper };;S .w1 -j-�Curvna Jrl hfsr .I j�N •�),?2 �-a{`..,. ,Ll :���'.•,: -Is_. ..lr�.�„cG:.�.'�.Hieh Sch� 'F, •/, II i�/' C,y' �\� . t . . _( "� ar � � t',�;, ' ram �/.\\ pbr'!,��.1 •. �I 'd:..s — 3 ' dg , ,1 :w I\ bozos r����!' II ajP ���i 2 � t , _���- • s zs- � _ _�� � _ �p5 Nor�th�5 or B achg � ¢ ^,/;; c olm .. i �� . �Ufa ::" j 2 , '•` ' Al Shel rI n,' IV ),I"i< N •� /mod'. o�• Los Angeles u o _,,;� ..•'' ,v9: .\ ,\ / f/� Newport Bay �.ti •,; , •�titi-i�/i;•. . tpor �l J 0 a o- , Cdnev .>a „ '••J, / •Son Diego � : '�,iP..:nr>e-,✓' ' •!stand• /; D; i,. '. ,'��� M E X I C O 1S "I; '7t�, •ati Mad , t -r�' .. ,\�� ' • Coo, �+s. Recommended Wildlife Preserve coa r UPPER NEWPORT BAY ,_ Country Clu California .. Recommended Buffer Educotional %C� I and Recreational Areas Figure 1 '''l�rvni terror. b Mudflots rk' March 24, 1978 County of Orange Your Ref: PM 1008-22 General Services Agency Upper Newport Bay Real Estate ,Division P.O. Box 4106 Santa Ana, CA 92702 Attention: Stephen ;.. Salyer Property Management Section Subject: North Star Beach Enclosed is a copy of the Grant Deed with the recording information for the above referenced property as requested in your letter of December 29, 1977. Doris George City Clerk eg Enclosure cc: Public Works I ASSESSOR OF ORANGE COUNTY Sections 4986, 4986.3 • and 4986.5 of the P.O. BOX 149 Revenue and Taxation SANTA ANA, CALIFORNIA 92702 Code 834-2933 REQUEST FOR CANCELLATION OF TAXES ON PROPERTY ACQUIRED BY PUBLIC AGENCIES The following information is necessary to evaluate the request for tax cancellation: i. Name of Acquiring Public Agency: t"if of ?lEmmort lltu r_h 2. Ownership of Property Acquired: ❑ Fee Simple Less than Fee Simple: (please describe) Upper Newport: Bay Settlement greetrent 3. Assessor's Parcel Number: Tax Rate Area Code Number: None r 4. Address: 5. Improvements Acquired: ❑ All ❑ None ❑ Portion: (please describe) 6. Recording Information: Book 12594 Page q"O c:irciv h 995 7. Effective Date of Cancellation: March a, 1978 ❑ Recording Date ❑ Final Order of Condemnation ❑ Physical Possession ❑ Order of Immediate Possession ❑ . Other: (please describe) ❑ Annexation Date: (give annex information) 8. Information furnished by: Citv Cler7c°A Office. Citv of ?Fewnort trench Telephone: 640-2251 Assessor's Office Use: ❑ Request Approved ❑ Not Approved ❑ Referred to State Board of Equalization Reason Not Approved: ❑ Market Value of Remainder is Equal to or Exceeds the Market Value of the Parcel Prior to the Taking of the Easement. ❑ Other: (please describe) Worked by: Approved: Date: PUBLIC AGENCY COPY P0128-221 SEW Pp�T o� CITY OF NEWPORT BEACH e.� CALIFORNIA C941PofttttP City Hall March 10, 1978 3300 W. Newport Blvd. Area Code 714 640-2251 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is rrpnt nPa� from Cnnnt;+ of Orangn for ,prahgp purposes. 7L Authorized by Resolution No. . City Manager authorized by Resolution No. 6773 to accept easement deeds. Doris George City Clerk DG:swk enc. + O U NTY O• RAN G E • T. R.o.EC oN ® GENERAL SERVICES AGENCY STANLEY KRAUSE ASSISTANT DIRECTOR FACILITIES & REAL PROPERTY REAL ESTATE DIVISION GEORGEH. CORMACK, MANAGER 400 CIVIC CENTER DR.WEST n�,3J�\/ / P.O. BOX 4106 SANTA ANA, CA 92702 (714) 834-2550 December 29 , 1977 by ° PM 1008-22 �; C3 07977� Upper Newport Bay �\ CQtycl+y.IlaoaBe�raCh N Mr. Robert L. Wynn, City Manager City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 Bob, attached for your action is the original , executed copy of the Grant Deed conveying one-half of the County' s interest in North Star Beach to your city. Also attached is a copy of our Board of Supervisors Resolution authorizing execution by the County. Following acceptance and recordation of the Deed by the City, please return a duplicate copy for our files. Thanks for your assistance and cooperation in concluding this matter. Stephen L. Salyer Property Management Section SLS/afa cc : Phoebe Horn Larry Leaman, EMA/Recreation and Open Space Programs Carol Armine RESOLUTION NO. 9262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING A GRANT DEED FROM THE COUNTY OF ORANGE FOR ONE-HALF INTEREST IN NORTH STAR BEACH (UPPER NEWPORT BAY) WHEREAS, there has been delivered to the City of Newport Beach a certain Grant Deed dated November 15, 1977, wherein the County of Orange conveys to the City of Newport Beach its undivided one-half (1/2) interest in and to the real property in the County of Orange, State of California, more fully described as follows: "A parcel of land in Upper Newport Bay adjacent to Block 53, Irvine' s Subdivision in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 1, page 88 of Miscellaneous Maps in the Office of the County Recorder of said Orange County being bounded as follows: Bounded northerly and northwesterly by the southerly and southeasterly boundary lines of the land described in parcel 3 in a deed to the County of Orange, et al. , recorded April 22, 19751 in Book 11382, page 1923 of Official Records in the Office of said County Recorder. Bounded southwesterly by the northeasterly line of North Star Lane as shown on a map of Tract No. 4224, recorded in Book 157, pages 1 through 14 of said Miscellaneous Maps. Bounded easterly and southeasterly by the westerly line of that certain parcel of land described in a deed to the State of California, recorded March 30, 1976, in Book 11688, page 1455 of said Official Records. " WHEREAS, it is to the interest of the City to accept said Grant Deed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Grant Deed is hereby accepted and the City Clerk is authorized and directed to execute and attach thereto a Certificate of Acceptance and consent to its recording and to cause said document to be recorded in the Orange County Recorder' s Office. ADOPTED this 9th day of January 1978. Mayor ATTEST: City Clerk DDO/bc 1/4/78 TIDELANDS AFFAIRS COMMITTEE • July 11 1982 Study Session Agenda Item No. To: Honorable Mayor & Members of the City Council From: Tidelands Affairs Committee Re: Acquatic Center/North Star Beach • BACKGROUND On March 22, 1982, the City Council approved, in concept, the construction of a rowing and acquatic center on North Star Beach. The proposed facility would be constructed by funds raised by Newport Beach Acquatic Center (NBAC) a non-profit corporation. Prior to the commencement of construction, the City would enter into a Ground Lease with NBAC, a Ground Lease that would be contingent upon construction of the facility within a proscribed (like in order) period of time. The Ground Lease would also specify that the City of Newport Beach would have the right to, use, for public recreation purposes, a portion of the facility. The County of Orange, as the owner of one-half of North Star Beach, would also be a signator to the Lease. NBAC would have the responsibility for maintenance of, the facility and payment of all operating expenses. NBAC will raise money through membership dues and fees charged to those to who wish to use the facility. • NBAC has contacted substantially all of the persons and organizations that would have some interest in the project. There appears to be no opposition to the proposed project from either the Dover Shores residents or the many public agencies • that must approve the project. DISCUSSION The City Attorney's office, in reviewing the proposed project, determined that the Charter of the City of Newport Beach required voter approval of the proposed Ground Lease to NBAC. The pertinent Charter provision, Section 1402, reads as follows: Section 1402 Waterfront Property. "The City Council shall not sell or convey any waterfront or beach property, excepting to the State or to the County for use as a public beach or park. No such property owned by the City shall be leased by the City unless and until the leasing thereof shall have been approved by a majority of the electors voting on such proposition at any general or special municipal election, provided, however, that this section shall not • invalidate any lease of such property in existance at the time of the effective date of the Charter nor the future leasing or releasing of any such property under lease at the effective date of this Charter. " The Tidelands Affairs Committee, notwithstanding the existance of certain legal mechanisms to avoid the impact of this Charter provision, recommends that the proposed acquatic center be submitted to the voters at the general municipal election to be held in November . In order to put this matter on the ballot in November, the City Council should adopt all appropriate resolutions at its meeting of July 26, 1982. Attached to this staff report as Exhibit "A" is a copy of a proposed Lease, drafted by the City Attorney' s office, and it is requested that the Council review this Lease and make suggestions with respect to the terms and conditions of the Lease, specifically those portions which are underlined. TIDELANDS AFFAIRS COMMITTEE • Phil Maurer Evely Ha RHB/pr Attachment cc. Dave Harshbarger • . 4 THE COUNTY OF ORANGE �. THE CITY OF NEWPORT BEACH • AND NEWPORT BEACH ACQUATIC CENTER, INC. GROUND LEASE THIS GROUND LEASE, entered into this _ day of , 198_, by and between THE COUNTY OF ORANGE and THE CITY OF NEWPORT BEACH, hereinafter collectively referred to as "Lessor" • and NEWPORT BEACH ACQUATIC CENTER, INC. , hereinafter referred to as "Lessee" is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: A. Lessors are the owners, in trust, of certain beach- front property commonly known as North Star Beach, hereinafter referred to as the "Property" , with a legal description as set forth on the document attached hereto as Exhibit "A", and further shown on the map which is attached hereto as Exhibit "B" ; B. There are restrictions with respect to the use of the property., which restrictions are set forth in Section 1 of • Chapter 415, Statutes of 1975, and the Grant Deed pursuant to which the County of Orange granted to the City of Newport Beach an undivided one-half interest in the property; • C. Lessee proposes to construct, on the property, a marine-oriented recreational and athletic facility which will contain space for boat storage, a multi-purpose area and meeting room, a weight training room, small offices for the conduct and operation of the facility, a boat simulator center, locker rooms, and such other facilities as may be incidental to the marine activities to be carried on at the facility; D. In conjunction with the construction of the acquatic center, Lessee proposes to bulkhead a portion of the beach frontage, construct low lying docks, restore a portion of • the property to westlands in conjunction with the California Coastal Conservancy, to landscape the property, and to provide parking, public restr•oom facilities, and public access to the beach; E. The project proposed by Lessee is consistent with the restrictions on use of the property as set forth in the above-referenced statute and Deed; F. The City of Newport Beach and County of Orange will derive substantial benefit from the construction of the acquatic center in that a portion of this facility will, from time-to- time, be ' reserved for the use of members of the general public, • either in conjunction with recreational programs sponsored by the ' City of Newport Beach or by non-profit organizations whose purpose is to promote the public interest; 2 t • G. The proposed project, including the construction of the acquatic center and this Ground Lease, has been approved by a majority of those voting in the last general municipal election, and by reason thereof, the City is empowered, pursuant to the provisions of Chapter 1402 of the City Charter of the City of Newport Beach, to enter into this Lease; and H. It is the intent of all of the parties hereto that, in the event that Lessee is unable to construct the acquatic center, or to continue to pay for the maintenance and operation of said center, that this Ground Lease terminate. • NOW, THEREFORE, the parties hereto agree as follows: 1. LEASED PREMISES Lessor hereby leases to Lessee, subject to the terms and conditions of this Agreement, the property, with the legal description as set forth in the document attached hereto as Exhibit "A" , and as shown on the map attached hereto as Exhibit "B" , which exhibits are, by this reference, made a part hereof. 2. TERM The term of this Lease shall be twenty-five (25) years, commencing the first day of the first full calendar month • following the date of execution of the Agreement by Lessor. 3 • 3. USE RESTRICTIONS This Lease, and the rights and privileges granted Lessee pursuant hereto, is subject to all of the covenants, con- ditions, restrictions and exceptions of record including, but not limited to, the terms and conditions of the following legislative grants from the State of California: (a) Chapter 526 (p. 1138) of the Statues of 1919; (b) Chapter 575 (p. 974) of the Statutes of 1929 ; and (c) Section 1 of Chapter 415 of the Statutes of • 1975. This Lease and the rights and privileges granted Lessee pursuant hereto are also subject to the terms and con- ditions of the Grant Deed, whereby the County of Orange granted to the City of Newport Beach an undivided one-half interest in the property and which Deed was recorded March 13, 1978 in Book 12594, page 990 of the official records of the Orange County Recorder. 4. CONSIDERATION The consideration for this Agreement shall be the construction of an acquatic center and recreational facility by Lessee , at no cost to Lessor, the continued maintenance and operation of this facility for the term of the Lease at no cost 4 • to Lessor, the commitment of Lessee to utilize the facility as an acquatic . center for the advancement of marine-oriented educational, athletic and recreational programs and activities, together with the right of Lessor to utilize the facility, all as more fully set forth below. 5. CONSTRUCTION COMMITMENTS (a) Lessee hereby agrees to construct the build- ings and structures described on the plans, attached hereto as Exhibit "C" , and to complete construction of all such buildings and structures within twenty-four (24) months from the date that . Lessor executes this Agreement; (b) Prior to commencement of construction of the approved buildings and structures, or any phase thereof, Lessee shall furnish to Lessor evidence that sufficient monies are available to Lessee to ensure that the facility is constructed in a timely fashion. To satisfy the provisions of this sub- paragraph, Lessee must provide Lessor with one of the following: i. A completion Bond issued to Lessor as obligee, pursuant to which construction of the facility, in accordance with the • plans and specifications attached hereto as Exhibit "D" is guaranteed; 5 • ii. A Performance Bond, Labor and Material Bond, or any combination thereof, supplied by Lessee' s contractor or con- tractors, provided said Bonds are issued jointly to Lessor and Lessee as obligees and provided further that the total amount of said Bonds are sufficient to guarantee construction of the facility in accordance with the plans and specifica- tions set forth in Exhibit "E" ; or • iii. An irrevocable Letter of Credit, issued to Lessor, in a sum deemed sufficient by Lessor to guarantee construction of the facility in accordance with the plans and specifications set forth in Exhibit "C" , said Irrevocable Letter of Credit to remain in effect until Lessor acknow- ledges satisfactory completion of the y project; (c) Any Bond or Letter of Credit furnished by • Lessee pursuant to the provisions of subparagraph (b) , above, must be issued by a company qualified to do business within the State of California and acceptable to Lessor. All Bonds and 6 • Letters of Credit shall be in a form acceptable to Lessor and shall ensure faithful and full observance and performance by Lessee of all terms, conditions, covenants and agreements relait- ing to the construction of improvements on the property. 6. CONSTRUCTION/ALTERATION BY LESSEE (a) Lessor ' s Consent: No structures, improvements, or facilities shall be constructed or altered by Lessee without the prior written consent of the Building Director of the City of Newport Beach. Any conditions relating to the manner , method, design and • construction of the structures, improvements or facilities imposed by Lessor shall be considered conditions of this Agreement as though originally stated herein. In the event that any construction or alteration of facilities, structures or improvements requires any discretionary approval of any Board or Commission of the City of Newport Beach, any conditions imposed by such Board or Commission relating to the manner, method, design and construction of the structures, improvements or facilities shall also be conditions of this Agreement as though originally stated herein. • 7 • (b) Strict Compliance: All improvements constructed by Lessee on the property shall be constructed in strict compliance with the plans and specifications approved by the Building Director of the City of Newport Beach. (c) Mechanics Liens: Lessee shall, at all times, indemnify and hold Lessor harmless from any and all claims for labor or materials in connection with the construction, repair, alteration, or installation of the structures , improvements, equipment or • facilities on the property, and from the costs of defending against such claims, which cost shall include reasonable attorney's fees. In the event any lien is imposed or recorded on the property as a result of the construction, repair , alteration or installation of any equipment or facility Lessee i. Record a valid Release of Lien; ii. Deposit sufficient cash with Lessor to cover the amount of the claim or lien in question and authorize payment to the extent of said deposit to any person or . entity that obtains any judgment with respect to said claim or lien; or 8 • iii. Procure and record a Bond in accordance with the provisions of Section 3143 CCP, which frees the property from the claim of lien and from any action brought to foreclose the lien. In the event Lessee fails to comply with the provisions of this paragraph, within 15 days after the filing of any such lien, the Lessee shall be considered -to have materially breached this Agreement, and this Lease shall be • subject to immediate termination. 7. OWNERSHIP OF IMPROVEMENTS: All buildings, improvements and facilities, exclu- sive of trade fixtures, constructed or placed on the property by Lessee must, upon completion of construction or installation, be free and clear of all liens, claims or liability for labor or material, and at the option of Lessor , shall become property of Lessor at the expiration of this Lease, or earlier termination thereof. Lessor retains the right to require Lessee, at Lessee' s cost, to remove all improvements, placed on the property by • Lessee, at the expiration or termination of this Agreement. 9 • 8. UTILITIES Lessee shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the property and structures or improements thereon. 9 . MAINTENANCE OBLIGATIONS OF TENANT Lessee agrees to maintain the property and all improvements constructed thereon in good order and repair, and to keep said premises in a neat, clean, orderly, safe, and sanitary condition. This includes, but is not limited to, the prevention of accumulation of any refuse or waste materials which might • constitute a fire hazard or a public or private nuisance. Failure of Lessee to properly maintain and repair the property and improvements shall constitute a material breach of the terms of this Lease. 10 . DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS In the event of damage to o destruction of Lessee' s buildings, facilities, or improvements located on the property .or in the event Lessee-constructed buildings, facilities, or improvements located on the property are declared unsafe or unfit for use or occupancy by a public entity with the authority to • make and enforce such declaration, Lessee shall, within 30 days, commence and deligiently pursue to completion the repair, replacement, or reconstruction of improvements necessary to per- 10 • mit full use and occupancy of the property for the purposes required by this Lease. Repair, replacement, or reconstruction of improvements within the property shall be accomplished in a manner and according to plans approved by Lessor as otherwise provided herein; termination of this Lease shall not reduce or nullify Lessee's obligation under this paragraph. 11. INSURANCE Lessee shall maintain insurance, acceptable to Lessor, in full force and effect throughout the term of this Lease. The policy or policies of insurance maintained by Lessee • shall provide the following limits and coverages: (a) Liability Insurance: Coverage (1) Bodily injury-each person $1,000 ,000 (2) Bodily injury-each occurrence $3,000 ,000 (3) Property damage $ 500 ,000 (b) Fire & Extended Coverage: Not less than 90% of the cost of replacement of all insurable improvements within the property. Water damage and debris cleanup • provisions shall be included. Insurance shall be in force the first day of the term of this Lease. 11 • Each insurance policy required by this Lease shall contain the following three clauses: A. "This insurance shall not be cancelled, limited in scope of coverage or nonrenewed until after 30 days' written notice has been given to the County of Orange, General Services Agency/Real Estate Division, P.O. Box 4106, Santa Ana, California 92702, and to the City of Newport Beach, c/o City Attorney's Office, 3300 Newport Blvd. , Newport Beach, California 92663" B. "It is agreed that any insurance maintained by the County of Orange or the City of Newport Beach will apply in excess of, and not contribute with, insurance provided by this policy. " C. "The County of Orange and the City of Newport • Beach are added as additional insureds at or from the property leased from the County of Orange and the City of Newport Beach. " Lessee agrees to deposit with Lessor, at or before the effective date of this Lease, Certificates of Insurance or Endorsements, necessary to satisfy Lessor that the insurance provisions of this Lease have been comnplied with and to keep such insurance in effect during the entire term of this Lease. Lessor shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of Lessor 's Risk Management Services, the insurance provisions in this Lease do not .provide adequate . protection for Lessor and for members of the public using the property, Lessor may require Lessee to obtain insurance sufficient in coverage, form and amount to provide adequate pro- 12 • tection. Lessor' s requirements shall be reasonable but shall be designed to assure protection from and against the kind and ex- tent of the risks which exist at the time a change in insurance is required. Lessor shall notify Lessee, in writing, of changes in the insurance requirements, and if Lessee does not deposit copies of acceptable insurance policies with Lessor, incorporat- ing such changes within sixty days of receipt of such notice, Lessee shall be in default; and Lessor need not provide notice of default and Lessor shall be entitled to pursue all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Lessee's liability hereunder nor to fulfill the indemnification provisions and requirements of this Lease. Notwithstanding said policy or policies of insurance, Lessee shall be obligated for the full and total amount of any damage, injury or loss caused by Lessee .or its agents, officers, employees or representatives, resulting from any act, or failure to act, whether intentional, negligent or otherwise, arising out of or in any way connected with this • Lease or with occupancy and use of the property by Lessee, its officers, agents, employees, subtenants, licensees, patrons or visitors, except liability arising out of the sole negligence of Lessor. 13 • 12. ASSIGNING SUBLETTING AND ENCUMBERING PROHIBITED Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease or assignment (hereinafter in this clause referred to collectively as "Encumbrance") of Lessee' s inteest in the property, or any part or portion thereof is prohibited. 13. EMINENT DOMAIN In the event the whole or part of the property or improvements is condemned by a public entity in the lawful exer- cise of the power of eminent domain, this Lease shall cease as to the part condemned upon the date possession of that part is taken • by the public entity. If only a part is condemned and the taking of that part does not substantially impair the capacity of the remainder to be used for the purposes required in this Lease, Lessee shall continue to be bound by the terms, covenants and conditions of this Lease. If only a part is condemned and the taking of that part substantially impairs the capacity of the remainder to be used for the purposes required in this Lease, Lessee shall have the election of: • (a) Terminating this Lease and being absolved of obligations hereunder which have not accrued at the date possession is taken by the public entity; or 14 • (b) Continuing to occupy the remainder of the property and remaining bounds by the terms, covenants and conditions of this Lease. Lessee shall give notice in writing of his election hereunder, within 30 days of the date possession of the part is taken by the public entity. Lessor shall be entitled to receive and shall receive all compensation for the condemnation of all or any por- tion of the property by exercise of eminent domain. 14. FACILITY MANAGEMENT PLAN • The purpose of Lessor for entering into this Lease is to promote the development of marine-oriented facilities, programs and services, all to satisfy the needs of the general public. In furtherance of that purpose and to ensure that the operation of the facility is in accordance with the intent of the Lessor, Lessee shall submit a Facility Management Plan to the Director of Parks, Beachs & Recreation for the City of Newport Beach. The facilities shall be operated and administered in accordance with the Facility Management Plan, which shall be approved by the Parks, Beaches & Recreation Director of the City • of Newport Beach. The Facility Management Plan, shall, at a minimum, include the following: 15 • (a) The programs, services and activities to be offered to members of the general public by the facility; (b) The nature of any membership program pursuant to which any dues or fees are charged by Lessee; (c) The hours of operation of the facility; (d) The portions of the facility that are avail- able for use by Lessors for the conduct of public recreation programs, together with the • days and times that such space will be avail- able; (e) Such other provisions as the Parks, Beaches & Recreation Director considers necessary to ensure that the facility is operated and main- tained in accordance with the purpose of this Agreement. 15. PERMITS AND APPROVALS Lessee shall be required to obtain any and all Permits, Licenses or approvals that may be required in connection • with the construction, maintenance, or operation of the structures and improvements on the property including, but n of limited to, approvals and Permits from the following agencies: 16 • (a) The City of Newport Beach (Planning Commission & Planning & Building Departments) ; (b) The County of Orange (Board of Supervisors, Real Property Service and Harbor Department) ; (c) The California Department of Fish & Game; (d) The California Coastal Commission; (e) The California Regional Water Quality Control Boards; (f) The Army Corps of Engineers; (g) The United States Department of Fish & • Wildlife; (h) The United States Bureau of Sports Fisheries. 16. UNLAWFUL USE: Lessee agrees that no improvement shall be erected, constructed or operated on the property, nor any business conducted on the property in violation of the terms of this Lease, or of any regulation, order, law, statute, bylaw, charter provision or ordinance of any Governmental agency having jurisdiction. Lessee further agrees not to construct, maintain, or allow any sign upon the property, or improvements thereon, • except as approved by Lessor, and further, such sign must be in compliance with the provisions of Chapter 20.02 of the Newport Beach Municipal Code. Lessee also agrees not to discriminate 17 • against any person or class of persons by reason of sex, color , race, creed, national origin or age. Lessee shall make all of its services, programs and facilities available to the public on fair and reasonable terms. 17. INDEMNIFICATION Lessee agrees to indemnify and hold harmless Lessor, its officers, agents, employees and representatives; from and against any and all claims, demands, losses, legal and investigation expenses, or liability of any kind or nature which Lessor or its officers, agents and employees may sustain or incur • or which may be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner related to this Lease, or with the occu- pancy and use of the property or improvements thereon by Lessee or its officers, agents, employees, subtenants, licensees , patrons or visitors, except liability arising out of the sole negligence of Lessor or its officers, agents, or employees. 18 . TAXES AND ASSESSMENTS This Lease may create a possessory interest which is subject to the payment of taxes levied on such interest. it • is understood and agreed that all taxes and assessments, includ- ing but not limited to said possessory interest tax, which become due and payable upon the property or improvements thereon or upon 18 • fixtures, equipment or other. property installed or constructed thereon shall be the full responsibility of Lessee, and Lessee shall cause said taxes and assessments to be paid promptly. 19 . INSPECTION Lessor or its authorized representative shall have the right at all reasonable times to inspect the property to determine if the provisions of this Lease are being complied with. 20. SUCCESSORS-IN-INTEREST Unless otherwise provided in this Lease, the terms, covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto, all of whom shall be jointly and sever- ally liable hereunder. 21. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, restrictive Governmental laws or regula- tions, or other cause without fault and beyond the control of the party obligated (financial inability excepted) , performance of • such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. However, noth- 19 0 . • • ing in this clause shall excuse Lessee from the prompt payment of any rental or other charge required of Lessee, except as may be expressly provided elsewhere in this Lease. 22. PARTIAL INVALIDITY If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall, in no way, b e affected, impaired or invalidated thereby. 23. WAIVER OF RIGHTS • The failure of Lessee or Lessor to insist upon strict performance of any of the terms, covenants or conditions of this Lease shall not be deemed a waiver of any right or remedy that Lessee or Lessee may have, and shall not be .deemed a waiver of the right to require strict performance of all of the terms, covenants and conditions of the Lease thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 24. DEFAULT IN TERMS OF LEASE BY LESSEE Should Lessee default in the performance of any • covenant, condition or agreement contained in this Lease, and such default is not corrected within a reasonable time (as deter- mined by Lessor) after Lessee receives written Notice of Default from Lessor , Lessor may: 20 • (a) Terminate this Lease. All rights of Lessee and those who claim under Lessee, stemming from this Lease shall end at the time of such termination; or (b) At Lessor's sole option, cure any such default by performance of any act, including payment of money and add the cost thereof, plus reasonable administrative costs, to the rent. 25. COSTS OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT In the event either Lessor or Lessee commences legal action against the other, claiming a breach or default of this Lease, the prevailing party in such litigation shall be • entitled to recover from the other costs of sustaining such action, including reasonable attorney's fees as may be determined by the Court. 26. RESERVATIONS TO LESSOR The property is accepted as is and where at by Lessee, subject to any and all existing easements and encumbrances. Lessor reserves the right to install, lay, con- struct, maintain, repair and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes and connections; water, oil and gas pipelines; telephone and tele- graph power lines and the appliances and appurtenances necessary or convenient in connection therewith in, over, upon, through, across and along the property or any part thereof, and to enter 21 • the property for any and all such purposes. Lessor also reserves the right to grant franchises, easements, rights-of-way and per- mits in, over, upon, through, across and along any and all por- tions of the property. No right reserved by Lessor in this clause shall be so exercised as to interfere unreasonably with Lessee's operations hereunder or to impair the security of any secued creditor of Lessee. Lessor agrees that rights granted to third parties by reason of this clause shall contain provisions that the sur- face of the land shall be restored as nearly as practicable to • its original condition upon the completion of any construction. Lessor further agrees that should the exercise of these rights temporarily interfere with the use of any or all of the property by Lessee, the rental shall be reduced in proportion to the interference with Lessee's use of the property. 27. QUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION Upon termination of this Lease, for any reason, including but not limited to, termination because of default by Lessee, Lessee shall execute, acknowledge and deliver to Lessor, within 30 days after receipt of written demand therefor, "a good • and sufficient Deed, whereby all right, title and interest of Lessor in the property is quitclaimed to Lessor. Should Lessee fail or refuse to deliver the required Deed to Lessor, Lessor may 22 • prepare and record a Notice, reciting the failure of Lessee 'to execute, acknowledge and deliver such Deed and said Notice shall be conclusive evidence of the termination of this Lease and of all right of Lessee or those claiming under Lessee in and to the property. 28. LESSOR'S RIGHT TO REENTER Lessee agrees to yield and peaceably deliver possession of the property to Lessor on the date of termination of this Lease, whatsoever the reason for such termination. Lessee agrees to yield and peaceably deliver • possession of the property to Lessor on the date of termination of this Lease, whatsoever the reason for such termination. Upon giving written notice of termination to Lessee, Lessor shall have the right to reenter and take posses- sion of the property on the date such termination becomes effec- tive without further notice of any kind and without institution of summary or regular legal proceedings. Termination of the Lease and reentry of the property by Lessor shall, in no way, alter or diminish any obligation of Lessee under the Lease terms, and shall not constitute an acceptance or surrender . • Lessee waives any and all right of redemption under any existing or future law or statute in the evnet of eviction from or dispossession of the property,. for any reason, or in the 23 • event Lessor reenters and takes possession of the property in a lawful manner. Lessee agrees that should the manner or method employed by Lessor in reentering or taking possession of the property give Lessee a cause of actcion for damages, or in forc- ible entry and detainer, the total amount of damages to which Lessee shall be entitled in any such action shall be One Dollar. Lessee agrees that this clause may be filed in any such action, and that when filed, it shall be a stipulation of Lessee fixing the total damages to which Lessee is entitled in such an . action. IN WITNESS WHEREOF, the parties hereto have executed this Ground Lease, the day and year first above written. LESSEE NEWPORT BEACH ACQUATIC CENTER, INC. By, • 24 LESSOR COUNTY OF ORANGE • By Chairman Board of Supervisors APPROVED AS TO FORM County Counsel By: RECOMMENDED FOR APPROVAL Environmental Management Agency By: • General Services Agency Facilities & Real Property Real Estate Division By: Real Property Agent By: Manager ATTEST: Clerk, Orange County Board of Supervisors • 25 LESSOR CITY OF NEWPORT BEACH • By Mayor APPROVED AS TO FORM By: City Attorney • ATTEST City Clerk • 26 I / 4 sb�L Gy 4 I�a>>il Dow, a �* >f •'r La:`�> , aY 'f"'f!$ f°>.L -,f r pvsmpfx�,toE>t Ile ' � \�.' \ F'••/y;8a,?��:iw - ferno.,, >fnnsr •f°'aLf>:t `�} >'•> I .1 a f>r>. ./ CM./rr. ea` a t.4 44pL al, It y> fCLw IN)L • mltrUa�E,tf:.r � . .JGa 'EM(Op • _- VM1v�.L.aa t•ExnR�rn�r.M i f.0 EyL>4G.V er .° _• !. _ _�_— NORTH STAR BEACH t7 PM /009 C I CITY OF NEWPORT BACH C UN CIL ME B RS MINUTES \CALL'�' ROLL 'p U'tP �A March 22, 1982 INDEX (d) Cortland Greeley for personal injuries when Greeley she tripped and fell over water meter on February 3, 1982, near Newport Boulevard Bridge. (e) D orah L. Swarthout for Application to Pre- Swarthout sen Late Claim, alleging personal injuries as a re It of negligently designed and maintain- ed roa sustained on June 22, 1981, on Jamboree Road between Pacific Coast Highway and Santa arbara Avenue. (f) Craig Slutman for property damage alleging Slutman tree limb fell gn his vehicle while City crew trimming tree on Vista del Oro and Vista Caudal on Februar\Drived (g) Norman B. Sunshiny damage sus- Sunshine tained to his vehsion with City truck on Marinersver Street on February 18, 19827. SUMMONS AND COMPLAINTSone. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (Report from the City Manager) (a) Two, Police Clerk I positions, Police epart- ment. (b) One Utilities Leadman, Utilities Departmen . (c) , One Laborer; General Services Department. 9. STAFF AND COMMISSION REPORTS - For Council informa- tion and approval: (a) ReDOrt from Parks, Beaches and Recreation PR&B Director requesting APPROVAL IN CONCEPT OF THE (62) PROPOSED_NEWPORT BEACH OLY_MPIC_AQUATIC CENTER ON NORTH STAR BEACH. (b) Report from the Planning Department concern g G/Plan RECOMMENDATION MADE MARCH 4, 1982 BY THE (45) PLANNING COMMISSION REGARDING ESTABLISHING PRIORITIES TO REVIEW SPECIFIC AREA Pis DESIGNATIONS ON THE NEWPORT BEACH GENERAL PLAN. (c) Removed from the Consent endar. (d) Report from City Manger regarding 1982-83 Insurance/ RENEWAL OF PUBLIC LIABILITY INSURANCE COVER- Public Liab AGE. ,/� (47) Volume 36 - Page 108 f�TY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ROLL CALLk 1 J'� P March 22, 1982 INDEX (a) Correspondence from Al "King Alfonso" Lizanetz regarding his ongoing concern for out Nation's foreign policy and organized crime. (f) Minutes of Friends of Oasis Board Meeting of February 15, 1982. Local Agency Formation Commission Minutes of February 24 and Preliminary Agenda of March 10, 1982. (h) Request of Orange County Local Agency Forma- ion Commission for applicants to fill its p blie member seat (four-year term of Robert E. Dwyer terminating on May 3). (i) Sta ments from Controller of the State of Cali rnia showing estimated amount to be paid to as city and county as its share of reve- nues a ortioned during fiscal year ending June 30, 1983. (j) Memorandu from California State Senator H. L. Richardson 25th District, regarding Legisla- tive Counse 's opinion on the validity of city and county o dinahces in relation to firearms. (k) Notice ti cus mere of hearing in application No. 82-0 -16 o Southern California Gas Company Pacif Lighting Gas Supply Company before Public Ut ities Commission to increase rates by $10294,5 3,000 per year. (1) Notice of Filing an Hearing on Southern California Edison Co pany Application No. 82- 03-04 for authority t implement its Proposed Rate Stabilization P1 by Reducing its Energy Cost Adjustment Billin Factors, before the Public Utilities Commis on. (m) Airport Land-Use Commissi n for Orange County - Minutes of January 21 an February 18, 1982. 6. CLAIMS FOR DAMAGES - For denial a d confirmation of (36) the City Clerk1s referral to the c aims adjuster: (a) Sandra Mathis for alleged prop ty damage as a Mathis result of collision with Newpor Beach Police vehicle on December 12, 1981, at cArthur Boulevard, near Bonita Canyon Roa . (b) Douglas C. Pizac for reimbursement f towing Pizac charges and taxicab fare on February 21, 1982. (c) Georgia-Pacific Corp. for Richard L. ods for Georgia-Pac/ property damage, alleging Police Offic ran Woods stop light and broadsided claimant's ve cle on December 31, 1981, at 3rd Avenue and chid Street. Volume 36 - Page 107 • March 22, 1982 CITY COUNCIL AGENDA ITEM NO. (a • TO: MAYOR AND CITY COUNCIL FROM: Parks, Beaches and Recreation Director SUBJECT: PROPOSED AQUATIC DEVELOPMENT ON NORTH STAR BEACH i RECOMMENDATION: Approve in concept the proposed Newport Beach Olympic Aquatic Center on North Star Beach. DISCUSSION: At the City Council study session of February 22, 1982, a brief presen- tation was made to the Council regarding the development of a major rowing, aquatic center by the private non-profit Newport Beach Olympic Aquatic Center. The City Council asked for the concept to be reviewed by the Parks, Beaches and Recreation Commission which occurred at their • meeting of March 2, 1982. The Commission voted unanimously to recommend approval of the concept to enable further information and approval procedures to occur. They are aware that much study and analysis is needed as the concept is pursued. Subsequently, the City staff including representatives from the Planning Department, the Marine Department, and the Parks, Beaches and Recreation Department have met to determine the approval procedures and steps necessary for implementation of the proposed. A summary of this meeting is attached for your information. Approval in concept will allow the non-profit corporation to solicit possible private sector funding and provide direction to staff on the feasibility of the proposal for priority purposes. The applicant and staff will be available for questions at the City Council meeting of March 22, i 1982. Ronald A. Whitley • RAW:ma Attachement ,L • N EWPORT • & EACH C)lympk Aquatic Center _ My name is Bill Whitford and I represent the non-profit organization supporting the proposed Newport Beach Olympic Aquatic Center(NOAC) . i The broad concept of the center is a boat storage and training facility i on the harbor designed specificly for human powered craft; canoes, kayaks, and rowing. The Newport Harbor has long been deemed one of the premier training areas for these types of craft for everyone from the recreational programs to the highest international competetive standards, as documented by the con- tinued success at home and abroad of the Orange Coast College and UCI Rowing - I programs. Admittely, one of the major keys to their success are their train- 16 facilities on the Harbor. That's where our story beginst j Independant athletes and independant programs outside the collegient facilities are virtual orphans because of the special needs of the type of craft of theirs' sports ie ; low lying docks for access to the water, boat stor- age enclosures to protect and secure their investments, locker rooms and park- ing. So two paramount questions arise, where on the Newport Harbor could a facility like this be located? And who will finance and operate this facility- After years of hunting and investigation as to possible sites, we've narrowed them down to one possibility, North Star Beach. Very aware of the 'white elephant' status that North Star Beach has acquired over the years surrounding it's potential usage, we've done some research into the complexities as to the probability of this proposed project ever getting off the ground and flying. To date we 've been contacting several of the involved agencies seek- ing feedback and guidance ; including city and county personel, State Fish and Ga , US . Fish and Wildlife Services, Dover Shores Community Board of Dirctors, ds of the Back Bay, envirommnetal consultants, and our architect Rolly Pn aski. I do realize of cours that the list is fairly incompletei but the feedback has been so' productive and positive that we feel confident enough to produce a property use proposal and site plan package with all the considera- tions and bring this proposed package to the City Council for their study. ; 200 Newport Center Drive. Suite 301 , Newport Beach. California. USA 92660 N E WPO RT • 4EACH OlvmpicAquatic Center, .-_..... _ -- The second major question that should be addressed is who will finance and operate this facility? We have formed our non-profit organization soley for those purposes. An aggresive fund raising campaign for the initial construction and endowment programs will be sought through private and corprate donations and contribu- tions. There will be a membership and dues paying structure consistant with the Board of Directors of the Newport Beach Olympic Aquatic Center which will be responsible to and for the operation and maintenance of the facility ongoing. Presented as an overview I realize there still remains questions at large, Please remember that in proposing a project of this nature , our major concerns not only with the Aquatic Center itself, but alsot A facility compatible with it's surroundings. Public access. Parking and traffic. Safeguards. Site plan and renderings discussion. . . • Respectfully submitted, Bill Whitford 200 Newport Center Drive, Suite 301 . Newport Beach. California. USA 92660 CITY OF NEWPORT BEACH PLANNING DEPARTMENT DATE: March 16, 1982 TO: Ron Whitely, P.B. & R. Director FROM: Fred Talarico, Environmental Coordinator SUBJECT: NEWPORT BEACH OLYMPIC AQUATIC CENTER The purpose of this memorandum is to summarize our meeting of Friday, March 12, 1982 on the Newport Beach Olympic Aquatic Center. The following summarizes planning considerations of the site: GENERAL PLAN The Land Use Element designates the site for "Recreation and Environmental Open Space". The Recreation and Open Space Element designates the site as a Public Beach. It is the opinion of the Planning Department that proposed use as described to the department is consistent with these designations. LOCAL COASTAL PLAN The Local Coastal Plan designates the site for Recreation and Open Space uses. A portion of the site is designated as an Environmentally Sensitive Habitat Area. The project appears consistent with the Local Coastal Plan. environmental documentation will need to be prepared to evaluate potential impacts on the area of the site designated as an Environmentally Sensitive Habitat Area. ZONING The site is Zoned "U" Unclassified. A use permit will need to be approved by the Planning Commission for the proposed project. The applicant will need to submit plot plans, floor plans, elevations and other information deemed necessary to evaluate the proposed project. ENVIRONMENTAL DOCUMENT The proposed actions constitute a project as defined by the California Environmental Quality Act (CEQA) . An Initial Study will need to be prepared in accordance with CEQA, the CEQA Guidelines and City Policy to determine if a Negative Declaration or Environmental Impact Report needs to be prepared. GRADING & BUILDING PERMITS The proposed project will require grading and building permits from the City's Building Department. ill 1 Ron Whitley Page 2 N.B.A.C. GROUND LEASE/USE AGREEMENT The proposed project would require a Ground Lease or Use Agreement from the City of Newport Beach and County of Orange. ADDITIONAL APPROVALS/PERMITS in addition to the above listed permits and approvals from the City of Newport Beach Planning and Building Department the following additional approvals and permits will be required: 1. Orange County Real Property Service 2. Orange County Harbor Department 3. Orange County Board of Supervisors 4. State of California Dept. of Fish and Game 5. State of California Coastal Commission 6. State of California Regional Water Quality Control Board 7. United State : Army Corp Engineers 8. United State : Dept. of Fish and Wildlife 9. United State : Bureau of Sports Fisheries If I can be of further assistance please contact me at ext. 197. Very truly yours, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By ,U Fred Talarico, Environmental Coordinator FT:tn [ . . a cPrY OF NEWPORT ARCH COUNCILMEN MINUTES ' �9 ROLL. CALL �d'� INDEX (c) To Pending Legislation and Procedural Ethics Committee, a resolution of the City of Cypress urging a County-wide restriction on (77) the sale of fireworks. (Attached) ( To staff for reply, a letter from West ewport Beach Improvement Association re uesting that the City install attractive trash r �tacles on the North side sidewalk of Seashores rive between 55th Street and (44) Orange Street. �ac 4. COMMUNICATIONS - Foto the City Clerk for filing and inclusion in the records. (a) A letter to City Manager Robert Wyn from Joan Yost representing the United Way a Orange County thanking. the City for its participation in the 1979 United Way Campaign and with special thanks to Chief (61) Gross. (Attached) (b) A resolution of the Board of Supervisors of Orange County regarding .the development of North 'Star`Beach of r public recreational use and tating•"thelr Desire to work witTi the Dover Shores•Community Association and any otherJinterFsfe`d`grou - in t e p annmg and deve o1 pment of such facilities. ?Attached (62) (c) Minutes of the Local Agency Formation Commission meeting of November 14, .1979. (d) Hearings before the Public Utilities (28) Commission: Application of Southern California Gas Company to increase rate's. (28) Application of Pacific TeleXreferral hone for ate increase. (e) Agenda of the Board oings of November 27, 28, De79. (56) 5. CLAIMS FOR DAMAGEand confirmation of the City the (36) insurance carrier: (a) Claim of Jay arnahan for personal injuries Carnahan on August , 1979 when he was hit by a car on the b ach in the City of Newport Beach. The cl imant alleges that the posted vehicle rest actions on the beach were not being �fiforced. (b Claim of Geri A. Johnson for property Johnson damage when she was side-swiped by a Police vehicle while it was making a right turn at 5th and Fernleaf on November 2, 1979. , Volume 33 - Page 353 COY OF NEWPORT BE*H COUNCILMEN MINUTES yG� C) �N'A 0� S9s2�i F ROLL CALL �u December 10 INDEX (d) Removed from the Consent Calendar. (e) Resolution No. 9695 designating intersections Stop Signs at which vehicles are required to stop and R-9695 directing the Traffic Engineer to erect (81) necessary stop signs (Newport Heights/Cliff Haven Traffic Plan) amended. (A report from the Public Works Department) (f) Resolution No. 9696 approving a rate increase Bldg Maint in the Janitorial Maintenance Contract Libraries between the City of Newport Beach and R-9696 Universal Building Maintenance (Libraries). (38) (A report from the City Manager) (g) Resolution No. 9697 authorizing the Mayor Police and City Clerk to execute a maintenance Computer agreement between the City of Newport Maintenance Beach and Meltronics, Inc., in connection R-9697 with the Police Department's computer (38) system. (A report from the Police Department to the City Manager with copy of agreement) ( Resolution No. 9698 authorizing the Mayor Bldg Maint and City Clerk to execute an amendment to Police Fac the Janitorial Maintenance Agreement with R-9698 the Universal Building Maintenance Company, (38) c. for Newport Beach Police Facility. (A re ort to the Clty Manager from the Chief of Po 'ce) (i) Resol ion No. 9699 authorizing the Mayor Bldg Maint and CI Clerk to execute the Janitorial City Hall Mainten ce Agreement between the City of City Yard etc Newport Beach and Western Counties R-9699 Maintenanc Co., Inc., for janitorial (38) maintenance service for City Hall, the City yard comple Community Development building, UtilI s building, and City Council Chambers. (A eport dated November 26, 1979 from the Cit Manager) 3. COMMUNICATIONS - For r erral as indicated: (a) To staff for reply, a letter from L. K. Homyer opposing a heig t variance for the proposed new house at 342 Ocean Boulevard, ' Corona del Mar. (Attached) (26) (b) To Pending Legislation and Pro dural Ethics Committee, a resolution of the C y of Buena Park requesting action by a State Legislature to restore the original anguage 1 of specific sections of the State He {�th and Safety Code and Welfare and Instity ions j Code in regard to local authority m the establishment of residential care facili 'es. (77) I (Attached) I I Volume 33 - Page 352 i I • f , VA 1 RQly, 2 NO l ry� 3 RESOLUTION OF THE BOARD OF SUPERVISO 07y f13�9� 9 ' ORANGE COUNTY, CALIFORNIA 5 On motion of Supervisor Wieder, duly seconded and Carr e oly 6 lowing Resolution was adopted: 7 WHEREAS, the County of Orange and the City of Newport Beach jointly 8 administer a parcel of land adjacent to Upper Newport Bay and bounded by 9 the public street North Star Lane, said parcel commonly known as "North 10 Star Beach"; and 11 WHEREAS, the County of Orange has granted permission to the Dover 12 Shores Community Association to place a maximum of 5000 cubic yards of 13 dredge material on North Star Beach and the City of Newport Beach has #4 similarly granted permission; and oz; 15 WHEREAS, the placement of said dredge material will involve finish 4V30 16 grading which will render the area suitable for public recreational use 0 2 < 600 17 and said area has experienced informal public recreational use consisting 18 of jogging, fishing, wildlife observation and other passive uses of a 19 similar nature; and 20 WHEREAS, the County of Orange and City of Newport Beach believe 21 that the North Star Beach, upon completion of the dredge material place- 22 ment and related grading can be developed to facilitate and encourage 23 such public recreational use and wish to cooperate fully in planning and 24 implementing such development; 05 NOW, THEREFORE, BE IT RESOLVED that the following facilities nd batiVeV 2 $ 1379 w 26 improvements are found to be desirable improvements for the pul [��M. q 27 creational use and enjoyment of North Star Beach: ® r.an.ger ® ( Attorney 28 1. Jogging/exercise course with exercise stations, E] r V/birector J1ZE'a [3 ern'•Ou Dlrworek Resolution No. 79-1702 [] Other Star Beach -1- ��46 � x 1 2. Fishing access, 2 3. Access and regulatory signing, 3 4. Portable restrooms with appropriate architectural screening, • 4 5. Facilities for sand sports such as volleyball and frisbee 5 activity, 6 6. Trash receptables. 7 BE IT FURTHER RESOLVED that the County of Orange wishes to cooperate 8 with the City of Newport Beach, the Dover Shores Community Association 9 and any other interested group in the planning and development of such 10 facilities. 11 / 12 / 13 / �14 / o0o 15 WUu 4Mu 16 / o=i 09 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 AYES: SUPERVISORS HARRIETT M. WIEDER, RALPH B. CLARK AND PHILIP L. ANTHONY 5 NOES: SUPERVISORS NONE 0 26 ABSENT: SUPERVISORS NONE c 27 LL ® 28 ABSTENTION: SUPERVISORS EDISON W. MILLER AND THOMAS F. RILEY .W:sek —2- 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF ORANGE ) •i I, JUNE ALEXANDER, Clerk of the Board of Supervisors of Orange 4 County, California, hereby certify that the above and foregoing Resolution 5 was duly and regularly adopted by the said Board at a regular meeting 6 thereof held on the 13th day of November , 1979 , and passed 7 by a unanir=s vote of said Board members voting. 8 IN WITNESS WHEREOF, I have hereunto set my hand, and—sea is 9 13th day of November , 1979 10 JUNE 41' XANDER 12 Cl'erk of the Board-.of Supervisor's of Orange County,.'California•- ' 13 4 1 o 5 WOa W 16 W, _ OtY og 17 U 18 19 � 20 21 22 23 24 26 e f 27 N 28 ry A O -3- CIS' OF NEWPORT BESDH COUNCILMEN MINUTES YO ° sROLL T� INDEX Motion x Councilman McInnis made a substitute motion to Ayes x x also vote on Proposition 3 to eliminate annual Noes x x x expenses to the Mayor and City Council, which motion failed. Councilman McInnis stated for the record that he would vote "NO" on the main motion by Councilman Strauss on the basis that he doesn't believe that the expense remuneration to Council should continue to increase, that it should be rolled back to the original $300 a month or frozen where it is. Councilman Heather asked that this statement stand for her also. Ayes x x x x A vote was taken on Councilman Strauss' motion, Noes x x hich motion carried. Motion x Prop sition 1 to change the date of the City election All Ayes from \ed uesday in April of even-numbered years Tuesday after the first Monday in odd-nus was approved. Motion x Proposange the eligibility to hold office All Ayes as a me City Council, subject to certain restric \McDonough, Motion x Resolution No. 96ering the submission of R-9629 Ayes x x x x x proposed amendmenhe Charter of the City of Noes x Newport Beach to t led electors of said City at the Regular Genenic' al Election to be held on April 8,, 1980, wpte as amended by the straw votes. G. CURRENT BUSINES 1. A letter proposa McDonough, Holland, OrCo Schwartz & Allen rg Orange Count Airport Airport was presented. (195) Motion x The proposal from Mugh, Holland, SchwartzAll Ayes Allen was accepted. 2. A report was pr from the City Arts City Arts Commission requesting a change in Council Policy I- Comsn 5 in order to allow the Arts Commission to review 20F) all permits for the use of City facilities when the permit is for an arts-related purpose. Motion x The request from the City Arts Commission was All Ayes received and ordered filed. 3. A report was presented from the Parks, Beaches and North Star Recreation Director regarding a resolutibn approved Beach by the Parks, Beaches & Recreation Commission (596) concerning the development of North Star Beach. The following people addressed the Council in favor of the dredging and the park concept: E. P. Benson, i President of Dover shores Community Association who presented slides and explained the concept plan; Linda Taylor, biologist with the Corps of i Engineers; Don Porter, Executive Director of the Newport Harbor Area Chamber of Commerce, who read a resolution by the Marine Division of the i j Volume 33 - Page 246 �TY OF NEWPORT AACH COUNCILMEN MINUTES �tp 93 T fir ROLL CALL August 28 1979 INDEX Chamber approving the conceptual development of North Star •Beach Park; Jim Mang, representing California Science Research; Seth Oberg, member of the Board .of Directors of Dover Shores Community Association, who stated that the Hoard of Directors had GQM;pitted $12,600 for the improvement of the beach; and Owen McLean. Motion x Mr. ,Benson was granted eight additional minutes for All Ayes his presentation. Motion x Mr. Oberg was granted ,seven minutes for his All Ayes presentation. The following people addressed the Council .and opposed ,the dredging operation and/or park concept: ,,rank Robinson and Marilyn Holland. Motion x Mr. Robinson was,granted two additional minutes for All Ayes his presentation. Motion x 'Councilman Williams made a motion to approve the 5,000 cubic yards of spoils . from the Dover Shores channels and their placement on North Star Beach, subject to a determination by an independent testing service selected by the City that ,the materials to be removed qualify as sand according to EPA standards for beach replenishment, further that,the method of sample collection and the method of analysis comply with EPA methods. Tidelands Administrator Glen Weldon gave a brief staff report. Councilman Williams amended his motion to include the adoption of Resolution No. 9630 regarding desirable improvements for the .public,recreational use and enjoyment of North Star Beach, and Parks, .Beaches and Recreation version of the resolution. Mayor Ryckoff asked that the motion be further amended' to include the $12,000 offered 'by' the Dover Shores Association, which was accepted by the maker of the motion. i Motion x Councilman McInnis made a substitute motion to adopt -Resolution No. 9630, subject to the City's obtaining three additional samples from the short finger and five additional samples from the long i finger. Motion x Mayor Ryckoff made a substitute motion to adopt All Ayes Resolution No_9630 as recommended-by-the Parks, R-9630 ' .Beaches, and Recreation Commission_regarding -desirable improvements for the public recreational use and enjoyment of North Star Beach,subject to: the City's obtaining three additional samples from r i the short fingerer and_five additional samples from I the long finger; these samples to be analyzed by i Volume 33 - Page 247 1 7 t COY OF NEWPORT BOCH � C UNCILMEN MINUTES c+ 9G 22 9 �Ty� tp ROLL CALL ��' " ' � INDEX an inendent qualified laboratory these granular samples be compared with the EPA Dredge Material Disposal Criteria; that this constitutes conceptual approv-al of a,000 cubic yard o eraffin• and the Dover Shores Association contribute ._12,000 for the divelopment_of_North_Star,Beacb_Rark,which motion carried. 4. A report was presented from the Public Works Encroac fnent Department regarding the encroachment permit Parkw application of James R. Hollenbeck to construct First Ave concrete steps and walkway and install landscaping Cfi adj to in the parkway of First Avenue in Corona del Mar 18 Goldenrod adjacent to 418 Goldenrod Avenue. (3343) Motion x The application for the encroachment permit was All Ayes approved, subject to the following conditions: a) That the steps shall be held at least five feet from the face of the curb; and b) The walkway areas within five feet of fa of curb shall'be constructed of natural co r concrete with either broom finish or !t finish, or fine exposed aggregate. 5. A report was presented f/Artsestiva!l Arts Npt Beach Commission regarding a- ublicity for City Arts the Newport Beach ,City for 1979/80 Festival in the amount of $1,500. ean Tansowsky. (1115) Motion x Councilman McInnis ma direct the staff to prepare then essary resolution and agreement. Motion x Councilman Str ss made a substitute motion to All Ayes refer to staff prepare an agreement which would define the d ies more specifically, which,motion carried. Mayor Ryck f adjourned the meeting at 11:10 p.m. l i Volume 33 - Page 248 i i I CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION DEPARTMENT August 27, 1979 • TO: MAYOR AND CITY COUNCIL FROM: Parks, Beaches & Recreation Director G-3 SUBJECT: NORTH STAR BEACH PARK DEVELOPMENT CONCEPT , RECOMMENDATION: Adopt the resolution approving the concept of North Star Beach as a public park-beach facility. BACKGROUND: The City of Newport Beach and the County of Orange jointly administer the 10+ acre site known as North Star Beach. This area has been undeveloped and minimally used in past years. From a priority standpoint, with minimal development and maintenance funds available, the North Star Beach facility has not been a site considered for improvement. The original intent of i joint administration of the site was to have the area retain its eligibility to utilize the County of Orange Newport Harbor Tidelands Fund for development and maintenance purposes. DISCUSSION: The attached resolution was discussed with considerable public input at the Parks, Beaches & Recreation Commission meeting of' August 7, 1979. The Commission has recommended by a 4-2 vote the adoption of the resolution with the condition that park development schematics be brought back to the Commission at the appropriate time. Commissioners Winburn, Ammerman, Green and Cole voted affirmatively; Commissioners Lovell and Schwarz voted negative with Commissioner Ross absent. The Dover Shores Community Association has agreed to assist in the planning and development of a facility that will be an improvement to the site and low in maintenance cost. The Association report is attached and was reviewed by the Commission. Specifically, the Plan "A" outlines an acceptable conceptual plan. ! However, to this date, no authorization has been received from the Association that commits a fiscal contribution that would guarantee phases 1 or 2. .' As the capability to develop and maintain with City funds is limited, the concept as presented, with the assistance of the County of Orange and the private sector, the improvement of a •facility to be used by the public can be accomplished sooner than might normally be expected. RONALD A. WHITLEY RW:dm Attachments 0 • 'n l 11`fl A. GARY B. LOVELL 1201 DOVE STREET,SUITE 600 //^ •� NEWPORT BEACH, CALIFORNIA 92660 (714) 7S2-8516 • FROM L A. (213) 936-2288 oFlo-f 4fy y/ C 2 4' p11-e'ea a; r MEMORANDUM TO HONORABLE CITY COUNCIL DATE August 14, 1979 City o6 Newport Beach 3300 Newport Boutevard SUBJECT NORTH STAR BEACH -- Newport Beach, Cati.6oAxia 92663 APPLICATION TO DEPOSIT DREDGING SPOILS Dean Counc it Memb2Jw: In a6Fiing you to de6en eon,5ideration o6 the appticati.on by Dove& Shoica Community Association to deposit d%edg.ing spoils on the City/County owned North Stan Beach untit centaEn essentiaC questions cute an6weAed, I am . .6peaking both a6 an .individuat tes.ident and a6 one o6 the ttvo dissenters when the P B 9 R Commission approved this application in concept by a 4-2 vote at .it6 August Ith meeting. My, uuueceesjut %eque6t joA a delay was and i6 based upon the 6ottowing c titeri.a: 1. That some 9 pages o6 mostly s.ingte-spaced but pertinent mate'A.ia2 had been deti.vened to each Commiss.ionelt at the start of the heavily atten- ded meeting, with no chance to Aeview same; 2. That .it was ban too .important and precedent-cA.eating a mattelL to rush through without study, especially .6inee the dnedg.ing plan had been pending jot mote than two years; 3. That a great deaf o6 conju6.ing and con6t icting ona.l te6t-imony was ob6eted duking the meeting, much o6 which could be checked jot authen- ticity .i6 a short de6elcment were given; and that many .important que6ti-ons had not even been addressed. 4. That the "trade-ob5s" o6jered by the Apptieant Home Owners As6oei- ation -- .i.e. , .long needed .improvements of North Stan Beach -- needed to be enumerated, clai4ied, anatyzec! bon 6ea6ib.itity, "costed" out, and subjec- ted to bonding of same other type of acceptable guarantee o6 per6ormance to the City. 1 again urge de6vunent o6 this matter 6or the above reasons. The jottow.ing are some o6 the questions which can and should be answered be6ore any j.i.nal decision i6 made: A. Would the Aequezted deposit o6 dudging spoiZ6 be harm6ul of nun-harm6ut to North Stan Beach? Th" .invotve6 such subs.idiaAy questions as the composition o6 the dredged mattet, .its ptacement on the beach, .its content o6 such toxic I l • • August 14, 1979 Page 2 . Nun. City Counci.t elements as Lead and cadmium, .the particutate size and whether .it would blend with the existing beach covex, .the pnopens.ity o6 .the matexiaZ to. emanate hydrogen sutalide goes, the preeiee amount ob .the mateniat to be dredged (at.imated at anywhere 6rom 5,000 to 15,000 cubic ya)Lds) , the height this new maten.i.at woutd add to the beach, and the time during which the beach would be unb.it bon use, e.ithex thhaugh noxious odors, percotation, oa the buriat process. Many o6 these quat.ians might be answered through additional teati.ng by a soiZs tabaratary, with intevepxetation o6 resu.et.6 by .the EPA or the Corps o6 Engineeu. Though some such teats have ap- rxauntey aeAeady been conducted on one an more samples submitted 6y the AppZi.eant, where the nesuZts o6 an away ahe o4 such .impoxt, sampte .aeZec- t.ion should be done 6ciemti6ica ty 'by the 'tuting entity which then eerti- 6.ie6 the ke2iab.iZity o6 .its results- B. What are .the 6Q. ibte aZtetnatives and the cost o6 each? White no clean cost 6.igunes were given .in the eartie& testimony, the 6oteow.ing are the atteeAnat.ives which was mentioned: 1. D.uspozat by an approved method on Noxth Stan Beach, with Applicant o66er.ing, in return box .its substantiat cost savings; to either eonstnuct substant.iat pubt.ie beach improvements or commit it6e.•6 to an ".in ti.eu" bee to pay box same; 2. Ddsposae .in an approved dumping site about 32 miZee at sea. Based upon the Federal Ctean water Act and an•.intennat.ionat treaty coven- .ing dumping at sea, a penm.it bon such di6poza.Z must be granted by the U.S. Copps o6 Eng.ineers, under guidance o4 EPA regutations, tega&dZess o6 whether the disposal .is made .in U.S. coastat or .intennationae watexe. Such a permit requito b.iotog.icaZ testing o6 the matexiaZ'which a substantially mane castZy than a s.i.mpte soils tab anatysds. 3. Ddsposat through hautage to a sanita y land 6.iPt dump. This aZtutnative woued .involve deposit o4 the matexiat on some neahby toeation to atZow water to run 066, 6ottowed by txucking ob the matexiat an ehtimated 7 mites to the nearest avaitabte dump site. C. Which 06 the suggested .improvements bon North Stan Beach shoutd be ptanned, and how can their achievement be guaranteed through a conttactua.Z arrangement with the Applicant .i4 the pnoposat .is uetimatety approved? This woutd .invotve obtaining a cost 6.igune ban each ob the improve- ments which ha.s been suggested (see tact attached hereto as Exhibit A) , are evacuation o6 the cost savings to be xeatized by the Applicant .in Using North Stan Beach as opposed to one o4 the mane expensive alternatives feted above .in order to determine tt3 Gain contxibut.ive Shane, and an anatyzi6 o6 ds might be obtained xom City on County to eomptete how remaining needed 4un g 6 y A ticant's commitment, i .ir.ed beach ,%m pavement. This gucucantee ob the pp the des n assumes added . m oxtawae.in view o6 the a roved vent the tan .is n .in the e n nn Augu,st 14, 1999 Page 3 Han. City Council puv.ious unequivocat oppo6ition to anI devekopment a6 Nonth S cv+ Beach by the DoveA Shores Community ksbociatcon (.see Exhibit B attached heaeto) . In the .intenebt o4 bnev.ity, we have endeavored to paint out only some o4 the move .important que.Stions which need to be co"i.dehed .in connection with this apptieation. Additionat points cute ti.hety to be raised by City Sta44. Rupect4utty submitted, GARY B. LOVELL GBL:mj Enc ozuhed Iv it �I 1. Jogging/exercise course with exercise stations. 2. Fishing access. 3. Access and regulatory signing. 4. Restrooms with appropriate architectural screening. 5. Sifting and screening of the surface materials to provide a suitable clean sand surface. 6. Facilities for sand sports such as volleyball and frisbee activity. 7. Trash receptacles. 8. Off street parking. �XHTSIT'"A" t" 32 i \por-ing Star Lanr New Beach, Ca. 92660 ! �.;i :•.�:t ,:!. 'S`•,November 1976 Milan Dostal Mayor City of Newport Beach ;�, ,f 3300 Newport Blvd. \� Newport Beach, Ca. 92660 G:�� Dear Milan: �! The Dover Shores Community Association is unequivocally opposed to the - 'i I, development of Upper Bay's North Star Beach. �� I thought that all governmental agencies and private interest groups agreed that the Upper Bay area should be kept in its pristine stage. A public beach develop- ment seems inconsistent with that position. We had our Annual Meeting of the Dover Shores Community Association last Tuesday evening, 26 October. About 50 residents attended. All of them were absolutely opposed to a public beach development at North Star Beach. They were very concerned about traffic, noise, environmental impact, potential trespass into private property, etc. , etc. North Star Beach is an isolated geographic area -- right in the middle of a residential development. A public beach was never considered in the original planning of Dover Shores. There is not adequate street facilities to handle additional traffic. We already have a severe problem with excess traffic on Polaris and Santiago Roads -- which would be the routes to North Star Beach. of a We question the cost effectiveness "public beach" at forth Star. The "beach" would serve very few people. (Incidentally, the area is public now -- and many of the people who use the area aren't even from Orange County) -- and there would be a recurring cost each year to keep up maintenance. If the County wants to spend money for the public good -- I suggest dredging the Upper Beach Bay. This would be of great benefit to our Newport Beach a ecology and environment. If the County wants to help on beaches -- I suggest Dunes be refurbished. Right now, the Dunes is only minimally maintained. It has far greater potential than North Star. Dover Shores Community Association had a Board Meeting last night at my home. I a m no longer President (after three years in that office). Dorothy Doan is our new President. I anti still on the Board of Directors. You'll be contacted by mail by others in our Association about our opposition to any development at North Star. We are firmly convinced that tre public interest %would be best served by keeping the North Star area in its oririal stage. It' s beautiful the way it is. It serves the people well as is. EXHIBIT "B" / Lila= Distal, Mayor -?- 5 November 1976 I&pteas= help us to preserve one of the most attractive areas in Newport Beach -- aaA t^ar:c you for your past support on this matter. y urs, Patrick F. Cadig� Member, Board o Directors Dover Shores Community Association PF C:ec cc; Siavr. T. Riley Dover Shores Board of Directors r MARINE DEPARTMENT COUNCIL AGENDA ITEM G-3 • August 27, 1979 TO: CITY MANAGER FROM: Tidelands Administrator SUBJECT: DOVER SHORES DREDGING The following information is submitted to clarify the procedures involved in obtaining a dredging permit and the background of the Dover Shores Dredging application. Harbor Permits (Dredging) Procedures: The first step in obtaining a Harbor Permit for any work in Newport Bay is to apply to the Marine Department. The Marine Department reviews the • application and, if necessary, as in the case of Dover Shores, a report is sent to the City Council for their review and action on the application. If the City Council approves the application, the Marine Department then issues an Approval of Concept Letter for submittal to the Coastal Commission and the U.S. Army Corps of Engineers. An application is then submitted si:multaneousl'y to the Coastal Commission and the Army Corps of Engineers. The Coastal Commission currently solicits comments from the State Regional Water Quality Control Board and the State Fish and Game Department on appli- cations such as this one. - The Coastal Commission may then approve or deny an application and often times with approval , conditions are attached. The U.S. Array Corps of Engineers solicits comments from a number of Federal and State agencies including: The Environmental Protection Agency; the U.S. Department of Commerce, National Marine Fisheries Institute; the U.S. Depart- ment of Interior, Bureau of Sport Fish and Wildlife; The State Fish and Game Department; the State Resources Agency; and the Regional Water Quality Control Board, among others. Each of these agencies comment on applications and any negative comments must be resolved by the applicant, prior to the issuance of a Permit by the Corps of Engineers. The Corps will also not issue a permit until the Coastal • Commission has issued their permit. Upon issuance of a permit by the Coastal Commission and the Corps of Engineers, the Marine Department requires a copy of those permits to be submitted to the Marine Department. A Harbor Permit will then be issued by the Marine Department. In the case of Dover Shores, the U.S. Army Corps of Engineers has received affirmative comments from all agencies except the Coastal Commission for Page two • • Dover Shores Dredging dredging and disposal of dredged material on North Star Beach. The Coastal Commission did issue a permit for the dredging of Dover Shores channels and disposal of the material at sea. The Corps of Engineers has not issued a • permit for dredging or disposing of material because the applicant has indicated that they wish to pursue the disposal of the dredged material on North Star Beach. Dover Shores Application Chronology: The following is a sequential list of events through which this permit has progressed up to the current time. 1. April 11 , 1977-Approval by the City Council of the Dover Shores Harbor Permit Application for maintenance dredging of 5,000 cubic yards. This permit was subjected to twelve (12) conditions of approval. 2. May 2, 1977-Approval by the Water Quality Control Board with three (3) conditions of approval. 3. June 27, 1977-City Council reviewed and tabled report from City Attorney. 4. June 29, 1977-Orange County Permit approved, subject to six (6) • conditions of approval in addition to their standard conditions. 5. June 6, 1977-Preliminary approval from the State Fish and Game Department 6. August 8, 1977-Tentative approval from the U.S. Department of Interior, Fish and Wildlife Service, this does not constitute final 'approval . 7. August 24, 1977-State Lands Commission letter stating that their approval is not required. 8. September 16, 1977-Approval of the U.S. Environmental Protection Agency. 9. August 25, 1977-Approval of the South Coast Regional Coastal Commission subject to disposal at sea. 10. October 18, 1977-State Coastal Commission rejected an appeal by Dover Shores to the Regional 'Commission's approval. 11. November 13, 1978-City Council approved a request by the Dover Shores Association for an amendment to their permit to allow for disposal of material at sea. . Attached for the Council 's use are letters and/or permits from the respective agencies listed above. Page three Dover Shores Dredging Additional Information: • During the course of the above sequence of events, a number of questions have arisen. These questions are addressed below: 1. The amount of material to be dredged: The City Council approved dredging of 5,000 cubic yards from Dover Shores Channel and placement of material on North Star Beach. Any additional material to be dredged would require another permit. 2. The collection and analysis of bottom material : On August 23, 1977, Marine Department personnel obtained four samples of bottom material from the Dover Shores Channel. The method used was the insertion of a two inch diameter pipe, 18 to 24 inches into the bottom of the Bay, withdrawal of the pipe and placement of the material into a plastic bag. The samples were then delivered to Anaheim Test Laboratory for analysis by a representative of the Dover Shores Association. Approx- imately one week later, on September 2, 1977, because of the Coastal Commission's rejection of the foremat in which the analysis was presented to them, two additional samples were taken from Dover Shores, one from each channel, by Marine Department personnel. The same manner of taking the sample was used, that is a pipe was inserted . into the bottom of the Bay and the material removed and placed into a plastic bag and delivered to the Anaheim Test Laboratory by a rep- resentative of the Dover,Shores Association. The final samples taken from Dover Shores on January 12, 1979 for a granular analysis was taken from a private firm hired by the Dover Shores Association. The Marine .Department was not involved in the taking of those samples. 3. Ownership of North Star Beach: It is my understanding, after discus- sions with Orange County Environmental Management Agency personnel and a Mr. Ed. Cushet, who was employed by the Irvine Company at the time of the Upper Bay Land Trade, that North Star Beach is considered to be filled tidelands owned by the State of California and granted to the County of Orange. As a result of the Upper Bay Trade, the State of California conditioned the trade such that Orange County was to dedicate one half interest of North Star Beach to the City of Newport Beach. In addition, it is my understanding that the original trust purposes, that is ' commerce, fisheries, and navigation' was removed from from the Upper Bay tidelands involved and a trust condition was placed on the Upper Bay tidelands for wildlife purposes, and on North Star Beach for park purposes. 4. The rationale for the application to place the dredged material on • North Star Beach: It is my understanding the original rationale was economics. Subsequently; Dover Shores Association applied to the City and all the necessary agencies for approval to place the material on North Star Beach. Dover Shores Association was unable to obtain r Page four Dover Shores Dredging the necessary permits, and subsequently appealed the Regional Coastal • Commission's rejection of the approval to place material on North Star Beach. That appeal failed. Dover Shores then filed a law suit to force the Coastal Commission to approve the disposal on North Star Beach without success. The Association then requested from the City, an amendment to their permit to allow disposal at sea. That amendment was granted by the City Council. The Dover Shores Association then approached the Corps of Engineers to amend their application and allow the disposal at sea. The Corps then published the amended application soliciting comments for disposal at sea. The Environmental Protection Agency requested that the Corps not issue a permit for disposal at sea because of Environmental Protection Agency's concern about requirements in their current regulations. Because of the Environmental Protection Agency's action, the Dover Shores Association had decided to pursue placement of material on North Star Beach. During their discussions with staff members from the Coastal Commission, at which I attended, the staff of the Coastal Commission informed the Dover Shores Association that a permit could be granted. However, the Commission staff wanted a commit- tment from the City as to the concept for the ultimate development of North Star Beach. Hence, the Resolution that has received approval of the Parks Commission and is currently before the City Council . • 5. The makeup of the material from Dover Shores Channels: The original chemical analysis performed in 1977 and submitted to the Coastal Com- mission was approved by the Environmental Protection Agency as meeting their criteria for placement on a land site. The granular analysis performed January, 1979 was reviewed by City Staff and a conclusion was reached that the material would be considered fine sand. On August 17, 1979, I discussed the analysis results with James Kallus, Chief chemist with Anaheim Test Laboratories. Mr. Kallus informed me that, in his opinion, the material would be considered fine sand or coarser. 6. Inspection of the dredging project: It is the intent of the Marine Department to have an inspector on the site periodically during the actual dredging and to require the dredging contractor to perform continual soundings to determine the extent of dredging. This would enable us to halt the dredging at such times as the 5,000 cubic yards allowed under the permit have been dredged. 7. Depth of proposed dredging: Condition number 2. listed in the April 111 1977 staff report reads as follows: "Dredging depths shall not exceed the original design depths for the channels. (Minus 8 feet MLLW, with three to one side slopes to minus three feet at the bulkheads)". • The dredging contractor, Shellmaker Inc. , submitted a letter to the Dover Shores Association in January of 1976 indicating'that dredging would be done to a depth of -6.00 MLLW. Based on soundings taken by Shellmaker, the depth of dredging would be between. one, ifobt, arid' two- and a half feet for an average of 1.75 feet. Assuming the dredging would Page fi ve • • Dover Shores Dredging take place between the Pierhead liness, the surface square footage of • this area to be dredged would be approximately 230,850 square feet. (This figure was determined from the Tract Map for Dover Shores). Using the square footage figure times the average dredge depth, the total cubic yards that could be dredged from both channels is approx- imately 14,960 cubic yards. However, as is stated in the first numbered paragraph of this portion of this memo, the permit approved by City Council in 1977 will only allow dredging in the amount of 5,000 cubic yards. Any additional dredging will require another permit. DAVID HARSHBARGER, D�IRRECCTTOR. MARINE DEPARTMENT leXEWelden Tidelands Administrator GEW:nn Attachments • • b MARINE DEPARTMENT April 11, 1977 ITEM NO. :, G-7 • TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION BY DOVER SHORES COMMUNITY ASSOCIATION TO MAINTENANCE DREDGE APPROXIMATELY 5,000 CUBIC YARDS RECOMMENDATION If desired, approve the project subject to the following conditions: 1 . The approval of the U. S. Army -Corps of Engineers. 2. Dredging depths shall not exceed the original design depths for the channels. (Minus 8 feet MLLW, with 3 to 1 side slopes to minus 3 feet at the bulkheads.) 3. The "alternate" basin layout shall be used, with 3 basins which do • not utilize the existing drainage course. 4. An encroachment permit shall be obtained from the Public Works Department for the discharge pipes located in the public streets. 5. During the course of the work dredging rates shall be adjusted as necessary so that the discharge water returning to the Bay from the final settling basin does not contain excessive silt. 6. Dredging rates shall also be adjusted as necessary so as to preclude over filling of the settling basins and possible breaching of the dikes. 7. The disposal site shall be graded and restored at the conclusion of the work. Unsuitable material shall be buried under at least one foot of material which is suitable for beach use. B. The work to be done shall be set forth in plans and specifications which are sufficiently complete to accurately delineate the work and the applicable requirements. For ease of preparation, the specifications may be in the form of notes on the plan if desired. 9. The plans and specifications shall be reviewed and approved by a properly qualified licensed civil engineer. An estimated of quantities shall also be prepared, and reviewed by the engineer. 10. A faithful performance bond in the amount of $3,000 shall be provided by the permittee or by the contractor to ensure that the work is properly completed. 11. The final plans and specifications shall be reviewed and approved by the . City's Grading Engineer; and the completed work shall be subject to the approval of the Grading Engineer. 12. The settling basins shall be enclosed with fencing in accordance with Community Development Department requirements. DISCUSSION The Dover Shores Community Association has applied to the Marine Department for a permit to dredge approximately 5,000 cubic yards of material from the Dover Shores channels and place the dredged material on North Star Beach adjacent to the project site. PAGE TWO DOVER SHORES MAINTENANCE DREDGING PROJECT The Dover Shores Community Association wishes to dredge because of a build up • of silt in the channels which is causing damage to vessels and docks. Preliminary plans submitted by the applicant have been reviewed by the City Engineer resulting in the above reocmmended conditions of approval . During the course of obtaining necessary County, State, and Federal Agencies approvals, additional conditions and restrictions will undoubtedly be placed on the project. Upon completion of the dredging and dredge spoil placement, the North Star Beach area will be restored to original or better condition. Several existing holes on the beach will be filled and the ground leveled. Based on the City l Engineer's recommendations and preliminary contacts with other permit agencies, staff is of the opinion that placement of dredge spoils on North Star Beach will not degrade the area and the completed project may enhance the area by eliminating existing holes. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT • Tidelands Administrator GEW:ll Attachments a DOVER w SHORES C O M M U N I T Y ASSOCIATION • SUBJECT: REASONS FOR DREDGING DOVER SHORES' CHANNELS With silted condition in the channels it is creating tremen- dous problems for the residents who have boats in this area. Most of the boats moored in this area are resting in the mud at low tide each day. This causes damage to the propellors, the shafts, and rudders; and also can cause sever damage to the bottom of the boat itself which could show up later when running at sea. Add- itionally, it is very damaging to the engines' cooling systems which is caused by sucking up silt and it results in costly re- pair bills. The cost of a haul-out for a 25 to 50 foot boat is from $150 to $500, and the cost of physical damage to the boat would be in excess of these prices, it is necessary for boat owners to go to sea and return at low tide because of the height of' the Pacific Coast Highway Bridge. There is also damage to the docks which are primarily designed for floating. There is a severe strain when part Iof the dock is resting on the silt and the remainder is floating. The pilings are uprotted and structural damage to the docks are incurred. association manager,devine properties, p.o, box 687,corona del mar,ca 92625 DOV ER. SHORES C O M M U N I T Y • ASSOC I AT 10 N EMERGENCY MAINTENANCE DREDGING DOVER SHORES COMMUNITY ASSOCIATION Project Description: In this area storm drains discharge into the channels. Tie also get a great deal of silt and debris from storm run-Offs from the . back bay. The purpose of the dredging is to restore the channels to safe navigable water depths. The dredge material at this location ' • is silt and not virgin material. The estimated quantity to be dredged is 5000 C.X. Hydraulic means will be used. The dredged material will be piped across our beaches and down the east gutters of Polaris and across North Star Lane into the entrance of White Cliff. The dredged material will flow into 'the first holding basin of the three basins shown on the map. it will be necessary to build small ramps over the pipes at the entrance of Evening Star Lane and North Star Lane to take care of traffic. The basins have been created by utilizing the existing holes on the property. (See photographs) The first basin is the largest and will be equipped with a pipe near the top so the water can run into the second basin when the first is near full, and so on into • the 'third basin. The heavy Raterial in the water will settle to the bottom of the .first basin and possibly some into the' second. The water running from the second to the third basin should be completely devoid of sand and debris. By the time the water is returned to the bay from' the third basin it should be clean. These association mannUar,davina proportins, p.o. box 607,corona dal mar,ca 132626 holding basins are sand that was dredged from these channels or:,ginally, so a portion of the water will be filtered through • the sand as it goes back into the bay. This procedure was re- cently used at Sunset Beach with great success. These channels are privately owned by the Dover Shore residents, and the cost of the dredging will be paid for by the Dover Shores Community Association-=not by -the tax payer. In order to avert this deteriorating condition, any effort to expedite the processing and approval of. this project by the government agencies involved would be greatly appreciated by the Dover Shores Homeowners'. 1 • s yy ., t� I ., \', 1.y�}.^ r- r l f� ^+ � -..,,:, • -a' - \l�' /. 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L °� '•.��Y�Y is � ��',x�f.�'"'��£��a:.•�:;,,r.-,.� '�'-•.o -. u._ • jl'ti � ^ z�=s`�-,;uZu�'fd'. a.'�.�c"•'i n r �`_f- .7 u 1'•..` .c•;.�S�3+r�'•`_� ryx`t2 c�r,•",�.yG.}�ry$��' ,,,}: • I _ n \•`J.�,-�.� MR cdj_.y y'�T - � +. l i ♦ -i� :c.�rr:1 P+: '{,,kK �._ SeYP.:- i'L"' �•s _5 r^- � I. yk-� � L`VTY'�''Y r_v-o`'^.J. +_9 �-�'4•ql+ f•f _ � .. � 1.- :a••°c�i..�."s{v~}Y��t3,����,,•.N:A ��ch;4.{,�"�.:�n 1'a� ci:u <. _ . Y, _- •...fir, / ^ -- 5-h .(rrygYY - \z� - It l..f•. ..._ NOnTX dTAR aFACN. _ , A..+,], '] - _.._ RIVE �I GnLnzT _ ���� `.I.Rv'• � � Ir�"R`"w u:T�xf .T - i✓:»—"' _ — - — .:I�iSL t 41 d '"\ \} \ .RKNnr,y.�u I f"•..,_� /„G.SMNa1].N.I _ .Arn c owJ _ _ ..• \` •I' �I _ ..L'-�ry,�ys .wa rv«.'..xa... R `�.".�w:,,`.�� - r I T 1 1 1 1 -- ¢ iv^ �ercanncxec�o eraxcunwxca lse) DAY DREDGING FELL BASINS Yt-•rrfF •XORTX STAR OEACN. _ M[w TORT tltnCn•Cnllf. OOViR inOn L!MOnC Onx CA6 Ai]OGinT/Dx f •DR FDGING PRgIFGT TO RESTORE WATER AFEAS AROUND DOYLR SRQRCS TO ITS ORIGINAL MAY/GABLE COUNT/ON Iwnra]r•f Tni-ivrn+] - �,Y 1 • N t y 1 , 00 NORTH aT•A� �.:,. _`.�.q 1 I - .+� •i' ', i % FI44 spRA/N-CA alNit y t r I : i � ', CwwwOlrr•rJgq�a,ros% j t 1 4. DRAIN OADIV '3 CDwwelrr f .yel rc 1� QRs/N • , j /R.aop Cu fsln ' ' , . i eron c�.root 1 • 1 i •I I . 1 ; I I.• ' •' ' ' I ' ALTERNATE HASIN I..AYOUT I 1 1 STATE OF CALIFORNIA—RESOURCES AGENCY EDMUND"O. BROWN 1R•, Gorunor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD- 4 SANTA ANA REGION h 6888 1NDIANA AVENUE, SUITE 1 RIVERSIDE, CALIFORNIA 925" PHONE, (714) "4-m0 May 2, 1977 1 l • Mr. Owen McLean ' Dover Shores Community Association P. 0. Box 687 Corona Del Mar, CA 92625 Dear Mr. McLean: The dredging proposal , as provided in your letter dated April 27, 1977, has been reviewed and appears to conform to earlier discussions regarding this operation: • Apparently omitted in your project description were the following points: - 1. The dredging operation will be intermittent during nil high tide. 2. The total volume to be pumped 'per day will approximately equal the volume of the basins. 3. In the event that the solids carryover from the first pond becomes excessive, the deposited solids will be utilized to extend the dikes and the overflow pipe will be raised. Therefore, if the above points are satisfactory for inclusion within your project, we believe water quality will be protected and clearance is provided. Please notify this Board at least 72 hours prior to initiating the dredging project so that an inspection of the facilities prior to -and during dredging can be scheduled. Sincerely, ✓J t . . John M• Zasa z ins k1 Senior Engineer JMZ/ps • • /6 CITY OF NEWPORT BEACH Office CITY ATTORNEY June 27, 1977 To: The Honorable' Mayor and Members of the City Council From: City Attorney -Subject: Dover Shores• Dredging Permit On April ll; 1977, the City Council approved in concept the dredging permit for the Dover Shores Community Association, . with conditions. The Association is now processing. that approval with the Corps of Engineers, the County of Orange and the Coastal Commission. The final permit will be issued by the City Council after the aforementioned agencies issue their approvals. Should the Council wish to change the conditions of their approval in concept to require removal of the dredge material from North Star Beach, they may do so at this time, as no rights have vested in the permitee. However, a new letter of approval in concept indicating the changed condition would have to be transmitted to the Dover Shores Community Association. The Association would thereafter be required to reinitiate their application with the Corps of Engineers, the County and the Coastal Commission based on the new requirement for removal- of the dredged material. DENNIS D. 0 NEIT, CityAttorney Y DDO/bC cc: City Manager / Marine Director V City Clerk ' •NVIrtONMENTAL MANAGEMENT AGENCY 17 1400 CIVIC rCNTER ORIVC WEST REGUI_ATIONXENTHAL PERMIT DIVISION SANTA ANA.CA. PERMIT MAILIN, AUORLSS TLLLPHONE' EL442b26 P.O. BOY. 4I8 ANA, CA 52702 • i. PERMIT DATA PERMIT NUMBER• --• __..__. Dover Shores �ottununity Association PERMIT PERM, rTEE: c/o association Manager "—"""- -- -- Devine Properties _-__-- Rono ocFCD_____-_ - . Post Office Box 687 OCHSPD 07IIEn_..X_. Corona Dail Mar, California 92625 EFFECTIVE DATE — -- FACILITY _ IDENTIFICATION: North Star Beach EXPIRATION DATE July 1, 1978 ; R/W CIASSIFICATIDN •— •--_-- Complwnce with Environmvowl Cfudlity Act Catego:ically ,Exempt (4g) A 2. PERMITTED USE —•---------._—.---•--- -=- - ----- --=------..._----- -' 1 Permatee Is hereby authorized 'we of county property as follows, subject to provisions on reverse hereof and attached hereto: To place material dredged Erom Dover 1 g .. Shores channel., onto county's North Star. Beach, northerly of North Star lane, in accordance with permittee's plans entitled, "Bay 1)redgLng Pill Basins", j 3. PERMI'fTEE'S ACCEPTANCE --- --- .-----•-•--•_-_- �---•••__ . ...—_--.. i Permitwe accept:permit and agrees to comply with aid lie bound by thpsitrfn lthereof I am.awar of Ordjn)nce No, 2717 concerning the registration and discIosure of lobbyists. - / r f,n ` �` PE RMITTEE 4• REVIEW BY COUNTY COUNSEL 5. CONSIDERATION I ' rA r/vad as o for•'i �� See Special Provision A I P�+p f� _— Permit Fees..':_cia !!! _ See >pa.cia�- —6•ee "apecia]""' /3- 7 7 I SureiyPrxL'I_S1on_G_• insurancePx_oviaioa DEPUTY 6. APPROVAL (Permit rot valid unless executed by elthar A Gr B) 1 : A. APPROVAL BY BOARD OF SUPERVISORS B. APPROVAL. BY E.M.A. Approved by Board of Supurv.sors of the County of App:os•:! by .luthorized representative of E'rvuanmentdl Orang", Mdncgem:nt Agenry pursuant to authoniy dlat'gdCed by the Board of Supervisors by Resotutiot, "r Ordinance �.N :...:`_`_.'.7 -•-•- -- ----• // •-•• —._. adopted _... ._ .. . ..... CHAIRMAN, BOARD OF V ::HNIR.Ons � OATE r i ATTLST CLERK DATE AUT D HEPRESEN rATIVE DAIE. u.so 206 DATE RE CE IPT NO PI:IVAIT Ft.F COOF PI AN m4=r'K TriTA, ti/, .»'v wP'+i6.. u�o��./v 1',.+ . '✓ .'.• Permit No. {jI- j .. A. ,his permit is granted in consideration of the benefits to the county by the filling and grading of North Star Beach in a manner meeting approval of county inspector. B. Pe=-mittee's contractor shall adjust dredging rates, as necessary, so that dis- charge water contains minimal silt and precludes over-filling of the settling basins. Settling basin dike material and spoil :material shall. be spread uni- formly over designated area. Edges of cover material shall be "feathered" to prevent sudden changes in elevations. Site, at completion of work, shall be 1 left in a clean, even condition. Permittee shall remove and dispose, to a location off-site, all debris includingr, but not limited to wood, paper, plastics, metals, et:. Permittee's contractor shall be responsible for controlling of odor of dredged material. Spoil material shall be buried a minimum of 2 feet: under existing beach material and spread over an area of 2 acres minimum. C. Permittee acknowledges that fencing and security measures are to be approved by county's inspector. Permittee agrees that operations, within county property, are not to begin until Permittee has constructed a security fence no less than six feet (6') high, approved by county's inspector. In the event the inspector determines that such fencing is not properly securing basin, Permittee shall take corrective action. In the event permittee does not take corrective action to county inspector's satisfaction, permittee agrees to pay all costs of county in correcting security-inadequacies. In addition, permittee shall post "warning- signs" to inform the public of subject operations and unsuitability of beach area for public use. D. Permittea acknowledges and assumes all responsibility for compliance with re- q:tirements of other regulatory agencies including, but: not limited to, Coastal Zone Conservation Commission, California Regional Water Quality Control Board, U.S. Army Corps of Engineers and California Department of Fish and Game. This permit shall not be valid until such ,approvals are obtained. E. Permittee, or its contractor, shall maintain, in force:, during the period of this permit, full comprehensive public liability insurance, insuring against any and all cla=.ms for injuries to persons or damages to property occurring in, upon, or about the areas covered under this permit.. Said insurance shall have limits of not less than Five Hundred Thousand Dollars ($500,000) combined single limit coverage. The Orange County Harbors, Beeches and Parks District, t:ie County of Orange, its districts, departments and agencies, shall be listed as additional insureds. Evidence of workers' compensation insurance.must be giv.:n prior to the commencement of actual construction. Permittee shall. submit evidence of said insurance in a form satisfactory to county. t F. Permittee shall deposit with the county acceptable surely in the amount of Ten Thousand Dollars ($10,000) to assure compliance with the previsions of this permit. County shall release surety upon completion of work and restorction cE county facilities. G. Tois pezinit she-'1 expire on July f, 197E or upon completion of project, whichever ozcurs first, or may be immediately revoked for reasons in the best interest of the county, inc:-uding violation of permit provisions or other applicable: rules and regulations or for the creation of a nuisance upon notice given by the Director of t:ie Enviconmental ;:anagtment Agency cc his authorized representative. In the event of such revocation, permittea shall immediately cease all operations and restore county property as directed by county's assigned inspector. . • /9 STANDARD PROVISIONS 1.' Permits slued by tiis Agency are pursuant to the withority vested by the Swird of _ Superv.soia for the County of Or;nge, Orange County Flood Control District and Orange County F!arhars, Beaches and Parks District, any one or all of which are h(!ic• • inafter r•fvnf•d to as County. 2. Perrnittoe agrees to save County, its agencies, eistriets, etc.;including its office. agents ur employees, harmless from apy and all.penalties, liabilities or loss reseilting from claims )r court actions, arising directly or tndirrcay out of ant' damage or injury to persons or property by reasoi o' the acts or omissions of Perrr.itice, its agents, employees or independent contractors,in exercising any o`the {irivfleges herein gi anted -or in consequence thereof. 3. Should any damage or injury to the County works occur, either through the arts of agents, st•rvanis or employees of Permittee or by any independent contractor of Permittee in the exercise of the rights herein granted, Permittee shall immed:ately, upon the wr iten demand of County, restore such works to the condition of same on the date of the occurrence of said damage or injury at Permitter s cost or excense. The questior as to whether or riot any such dami�ge or njury has been caused to the works shall be•determined by the Director of the: Environmentai Managameot Agency and his deter nination shaii be final, 4. County if•scrves the right unto itself in pet form any wo•k,upon ary portion or all of the area covered by this permit, or to do any other work necessary at any time• Such work may be perfcrmed withou: i1curring any li:ibdity of any nature whatsoever to the Penn iterr. It is further unuertood and arlmed that County reserves unto i:seif the rights of ingress and egress over all or any portion of the sul '+ct area , • 5. Neither this permit nor any of the rights herair g•anted shall assigned without the prior written approval of County. 6. By acceptance of this permit,pe'mitt,w acknowledges and assumes all responsibility for compliance with requirements of other requlatoiy governing agencies including but not limited to zoning regulations, dppiicable ordinances and laws, etc., of the County of Orange, the State of California, or others having iegLIatory control over the use granted herein. 7.. A copy of this,pen7it and approved plans, if applicahle,•,hall be maintained at the site r of work ane be shown to any autiorized representctivt of the County or other reg• ulatory governing agancy upon regjast. S. Concurrently tvith the processing of this porm.t apol:cation, permittee shall deposit fees and ;urety, if inquired, in the atrounts as sperif rid. 9. No acres, a work -;hall be performed wittrin Cuvrty right-of-way without the full knowledee of assicied inspector,who shall be g••:aii not lass than*24 hours advance notice of the biki.dion of pernflue8 use either vy telephone 834.3495 , or by written notit a deliveied to this officer during notm:J v%or c clays-arid hours. Said oct cii shall include the nsrne and telepncna number of P:r•n:ttee.'s authurized representative responsible for coo:tbnation and su:iimvision of the p--rinitted use. Permittee further agrees that all operations within County right-of-way shall be subject to the operdf,unsof County and other authorized per•.ons and tinder the control and to • the sa:rsfd•;lion of County inspector. 10. This pen•i;t •nay h-' •'nmediate,y revos:ed for re.rrms in ter• best intt•rest of the County including violation of permif•prvveions o• 0w, aopr•cahle rules and fe 1poafions or for the crear,on of d nuisance upon ncl:va given by WA.. Director of the Environ nental tAd.iagan,nt Ayemy or authc-rted •apnsentd;•v:, le, he ev, it of ,uch revocation, Permf,try shill inimedidtely cir..e all opureunn: ar,.,l fiWore Co:.uty 1.4ht•of•,vay is direct A by assigned iospectur MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA • June 29, 1977 IN Rom : PERMIT PLACE DREDGED MATERIAL ONTO NORTH STAR BEACH D017ER SHORES CON WTITY ASSOCIATION On motion of Supervisor Riley, duly seconded and unanimously carried , the Chairman and the Clerk are authorized to. sign Permit No. 10477 dated June 29, 1977 , granting permission to the Dover Shores Community Association by the County of: Orange to place material dredged from Dover Shores Channels onto the County's North Star Beach, northerly of North Star Lane. RE : PROPOSED HEARING CIRCULATION ELEMENT - 2ND AMENDMENT (77-2) RE-SCHEDULED On motion of Supervisor Diedrich, duly seconded and unanimously carried, the hearing on the Circulation Element, 2nd Amendment (77-2) has been re-scheduled from July 13, 1977, at 9 :30, A.M. to August 10 , 1177 at 9 :30 A.M. , and the Orange County Planning Commission is advised that the Board of Supervisors expects their hearings to be completed no later than July 25 , 1977. i IN R.P. : PROPOSED INCLUSION CETA TITLE VI PROJECT ORANGE COUNTY HEALTH PLANNING COUNCIL The motion of Supervisor Anthony to include Orange County 61ch Planning Council as a CETA Title VI Protect is lost . on the lowing roil call : ` AYES : SUPERVISORS PHILIP L. ANTHONY- AND THOMAS F. RILEY NOES : SUPERVISOF LAURENCE J. SCHMIT, RAI.PH A. DIEDRICH AND RALPH B. CLAM AIISEN SUPERVISORS NONE CPA TPAENT OF F1S;1 AVV GAMc 2 %\eT?.i•: R SOU11CGS REGION 350 Goldoo Shore Lon;; Beach, California 90802 (213) 590 5117 6 June 1977 Mr. Glen E. Welden Marine Safety Department 70 Newport Pier Neirport Beach, California 92660 Dear Mr. Welden: Mr. Dave Drake of our staff attended a preliminary meeting in your I office 5 April 1977 regarding dredging of approximately 5,000 cubic yards at Dover Shores ,farina. , We have no objections to the proposed project as it was discussed at that time. As we understand the project, dredged spoil material from the Marina will be put into dewatering ponds on .forth Star Beach. y When dred-ing is completed the spoil will be covered with enough sand and in a way that will prevent the spoil from reentering the Bay. We believe that compliance with discharge limits to be set by the Regional Board will assure protection of the Bay's water quality and its beneficial uses. Please understand that these are preliminary torments on a general plan and may be altered if there is a substantial change in said plans. Our formal comments will be made upon review of the Corps' . permit. 1 I t Sincerely, Robert G. Kaneen ko. Regional Manager r ° United States Department of the Interior/ FISH AND WILDLIFE SERVICE C14 August 8, 1977 I Al ir :v,; California Coastal Zone Conservation Commission South Coast-'-Regional Commission 666 East Ocean Blvd., Suite 3107 Long Beach, CA 90801 Attention: Mr. Brice Corey Dear Sirs: This letter is in reference to application No. 1231 concerning a proposal by the Dover Shores Community Association to deposit dredge material on North Star Beach. The Fish and Wildlife Service would like to bring to the Commission's attention their views' on the subject proposal and to correct a misunderstanding. On April 5, 1977, we met with other concerned agencies at the NekTort Beach Marine Safety Division Office to discuss the concerns of each agency regarding the subject proposal. The Fish and Wildlife Service. representative indicated that there did not appear to be any major �• ed problems with the project at t at time, ut state t at�a -•• r'. . . spot disposalcriteria wau ave to a met. Tie apP ant was in- formed that the official Service position relative to his project would be established only after formal review of his application to the Corps of Engineers for a federal permit. We understand the applicant is 'stating that he has MIS approval. This is incorrect.. We have not yet,received for review his application to the Corps for a federal permit. In addition, we are unaware .of'any ," studies on the chemical nature or particle size of the material' to be dredged. This, of course, would have to precede any approval by the Service of use of the dredged material as beach fill. Our intent here is to prevent any degradation of the valuable fish and wildlife resources of Upper Newport Bay. lie must be assured that no pol- lutants are washed or leached out into the bay and that any material re- moved does not re-enter the bay from any cause. Thus the concern with Q�y04UTIOIV i c Jv�, �� U \� m iy tea=$ J��s_t9g6 i - 2 ' • chemical composition and particle size. .The material will have to be . clean and will have to be of a particle size compatible with that of the spoil area (sand) , Otherwise, we will recommend disposal at an EPA ap- proved site. We hope the posture of the Service is clear on this proposal and that we have cleared up the misinterpretation that has existed and been submitted to the Commission. I Sincerely, James J. McKevitt Field Supervisor FEB:gr i cc: CDFG, Region S, Att: Ron Hein, Long Beach; CA Marine Division, Long Beach, CA NMFS, Terminal Island, CA ' Frank Robinson, Newport Beach, CA AM, Sacramento, CA i F I i i { gA 1 . S1gTE OF CALIFORNIA-STATE LANDS COMMISSION STATE LANDS DIVISION 1607 10TH STREET SACRAMENTO, CALIFORNIA 95814 (916)322-7809 • August 24, 1977 File Ref.: PNCELA 77-160 • J Dover Shores Community Association p. o. Box 687 Corona del Mar, CA 9262.5 I Gentlemen: The State Lands Division has received Department of the Army, Los Angeles District, Corps of Engineers Public Notice No. 77-160 dated July 29, 1977 relative• to your application for a permit to perform maintenance dredging in upper Newport Bay, City of Newport Beach' Orange County. This is to advise that a portion of the submerged lands over which your activities will extend are sove-¢ign lands of the State of California that have been granted by the Legislature to the County of Orange. Therefore you need not apply to the State Lands Commission for project ! ' • authorization. You should, however, contact the-County of Orange •for 1, authorization of your project. ¢ This action does not constitute nor shall it•be; construed as a waiver of any right, title or interest by the State of California in any lands under its jurisdiction. Very truly yours, JAMS DE LA CRUZ PN Coordinator . /mef cc: Department of Slater Resources Attn: C. K. Fellows p >•+�l,� l UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 700 CALIFORNIA STREET SAN FRANCISCO.CALIFORNIA 94111 in Reply E-4-2 'Refer to: PEA 3-5-2 District Engineer Corps of Engineers LOS Angelcs District P.O. Box 2711 Los Angeles, CA 90053 Subject: COE Section 404 Permit Public Notices Dear Sir: We have reviewed the following Corps of Engineer's public notices and do not object to your issuance of these permits. Applicant PNA Date • Dover Shores•Cammmity Assoc. 77-160 7/29/77 I 1 Sincerely, ' William H. Pierce Chiof, Permits Branch • f STATE OF CALIFORNIA - ,- "kz" CALIFORNIA COAS `,�,,� SOUTH COAST REGIONAL COMMISSION o4?„arm \0 •7'H' Cj 666 E. OCEAN BOULEVARD, SUITE 0107 P.O. BOX 1450 LONG BEACH, CALIFORNIA 90801 COASTAL DEVELOPMENT PERMIT VrjF� (217) $90.5071 (714) 846.0648 •Application Number: P-7-28-77-1231 Name of Applicant: Dover Shores Communit Association P. 0. Box, 687 Corona del Mar CA 92625 • s Permit Type: [] Emergency ® Standard ❑Administrative Development Location. between Morning Star Lane and Evenin Star Lane" , and Evenin Star Lane and North Star Lane Ne ort Beach CA Development Description: Maintenance dredgin9r of berthing areas by 'Dover = • Shores Community Association. Ap roximate'ly 5 ,000 cubic ards of material to be removed b ;hydraulic dred in and de osited in three settling basins (4001x210' , 280'x180 , 210'x110') each with a de th of 9 feet on adjacent North Star Beach with dred ed materials to be buried under at least one foot of materials p=esentl on North Star Beach with grading and restoration- at conclusion of work, with conditions I. The proposed development is subject to the following conditions imposed pursuant to the California Coastal Act of 1976: Prior to issuance of ermit a licant shall submit a si ned and notarize statement a reein to the followin 1. All dred ed materials and effluent are 'to 'be trans orted to, and de osited at an EPA desi nated dumping site 'suitable 'foz` 'the ultimate disposal. 2 . In the event, .that• ,t . any competent -agency or court determines- that any development involyed .; G by this permit are subject to the public trust, this ermit shall I immediately become void as to an development undertaken pursuant to thi: permit. B am - Condition/s Met On November 28, 1977 Y F Page 1 of 2 i r T.I. The South Coast Commission finds that : A. The proposed development, or as conditioned; s of with the 1` 3hofdthe CaliforniaeCoastal in £Actlof 1976 and willlnot nprejudiceter the ability- of the local government to prepare a local coastal • rogr California thatis sCin conformity 1 with the provisions of Chapter 3 of the Act of 2. If located between the nearest public road and the sea or shore- line of any body of water located within the coastal zone, the development is in conformity with the public access and public recreation policies of Chapter 3 of the California Coastal Act of 1976. 3, There are no feasible alternatives , or feasible mitigation measures as provided in the California Environmental Quality Act, available for iInposi.tion by this Commission under the power granted to itff"which would substantially lessen any signi ficant adverse impact that the development,' as finally proposed may have on the env4ronment. at ' III, Whereas , at a public hearing, held on Au ust 25 1977 ! 10 to 0 vote permit application Huntington Beach by a . number P-7-28-77-1231 ' is approved. ; •IV. This permit may not be assigned to another person except as provided 3n 4 Section 13170, Coastal Commission Rules and Regulations. F V. bThis een permit urned tolthet become RegionaleCommission,,ffective tupon which copy lallepermittees or agent(s) authorized in the permit application have acknowledged that i they have received a copy of the• permit. and have accepted its contents.' I vi, Work authorized by this permit must commence within two years fron. Anyemxensi -tthe On date of the Regional Commission vote upon the for prior to expiration of time of said commencement date must be applied of the permit. VII. Issued on behalf of the $outh Coast Regional Commission on December 1 197 7_ .. • -J�Ca er M. Executive Director permittee/agent, hereby acknowledge „ receipt of Permit Number P-7-28-7.7-1231 and have accepted its contents. (date) (signature) ' t CALIFORNIA COASTAL COMMISSION 1640 Market Street,San Francisco 94102-(416)557.1001 • APPEAL SUMMARY Appeal No. 349-77 (Dover Shores) 21st Day: 10� �77 42nd Day: 11 /77 ' DECISION CF • REM: MGM Permit granted with conditions by South Coast Regional Commission PEMIET APPLICANT• Dover Shores Community Association , DEVELCE'MENT LOCATION• Navigation channels in Dover Shores and North Star Beach, Upper Newport Bay, Newport Beach, Orange County (Exhibits 1, 2) i DEVELQPMENT I DESCRIPTI Qke Maintenance dredging of Dover Shores waterways • in Upper Newport Bay and deposition of dredge spoils on North Star Beach APPELLANT: Dover Shores Community Association APPELLANT CONTENDS THAT• 1. The following grounds of appeal warrant rehearing of the application by the State Commission: The proceedings of the Regional Commission were materially affected by inaccur- ate factual information or procedural error and therefore resulted in a decision contrary to the policies of the Coastal Act of 1976. 2. In support of these contentions, the appellant states: "We believe that the Regional Coastal Commission's decision to require applicant to transport the dredged material to sea as a condition for the permit is arbitrary and unreasonable and constitutes an abuse of discretion for the following reasons: "a. The Regional Commission's decision is based upon the assumption that the dredged material contains toxic material which is contrary to the undisputed evidence before the Commission, and is contrary to well established fact. "b. If the Regional Coastal Commission is relying upon some other facts or assumptions we are entitled to know what they are and given an opportunity to reply. • • ZIR . R "a. The decision of the Regional. Commission could not be sustained in a court proceeding, for it violates both due process and equal protection clauses of the Constitution. We have been denied due process when the Regional Commission denies our proposal based upon assumptions which are contrary to the fact. We have • been denied equal protection in that the Regional Commission has in at least two instances within recent months allowed similar dredging under precisely the same conditions and can give no reason why we are not entitled to the same treatment as earlier applicants. "d. The decision of the Regional Commission is so patently unreasonable and unfair as to be damaging to its public image. It We sincerely urge that the State Commission reverse the Regional Commission [decision] and permit applicant to proceed as proposed in the application." SUBSTANTIVE FILE DOCUMENTS: 1. Notice of Appeal 2. .Regional Commission File 3• Federal M i S neProte pion Research and Sanctuaries Act of 1972 PL 52 4• EPA — Army Corps of Engineers Regulations on Ocean Dumping j 40 OR 220 et seq. i 1 STAFF NOTES: 1. Project Description..The proposed development consists of the dredging er0- approximately 5000 cu. yds. of accumulated sediments from the boating channels serving the Dover Shores neighborhood, and the disposal of the dredge spoils in pits dug on nearby North Star Beach in Newport Beach (Exhibits 11 2). The dredging is designed to return the navigation channels to their original depth of 8-10 ft. provided when the Dover Shores development was created a number of years ago. Approximately 3 feet of silt, which has accumulated since the original dredging, now presents a hazard to navigation of the channels. The dredging would be accomplished by means of hydrolic suction which would lift the'silt from the bottom and pump it, suspended in bay water, to a series of 3 pits excavated in depressions in North Star Beach. The three settling pits, arranged in successively decreasing sizes, would allow clear water, from which the silt has settled out, to return to the bay. The pits would be located between 150 ft. and 800 ft. from the high water line, and the bottoms of the 5 ft. deep pits would be above the elevation of mean-high tides. Four foot high berms would be built around each pit from the excavated soil. When dredging is completed, the applicant would cover the dewatered dredge spoils with 1 to 2 feet of )sbil and grade the disposal area to nearly level contours. 2. Regional Commission Action. The South Coast Regional Commission granted a permit for the proposed dredging with a condition that the spoils be disposed of in a U.S. Environmental Protection Agency approved dumping site. The EPA designates offshore zones suitable for the disposal of dredge materials; an approved zone is located 4 miles off Newport Beach. The Regional Commission found that disposal of the spoils on North Star Beach would interfere with public access to the beach area and water oriented recreation, and that the spoils'.could present a hazard to the Upper Newport Bay Ecological Preserve. Referring to the availability of feasible, less—em ironment— ally—damaging alternatives, the Regional Commission refused to allow the dredge spoils to • • sa be placed in the North Star Beach area (Exhibit 4). The applicants have appealed the imposition of the ocean disposal condition as unreasonably expensive and not required to assure the protection of Upper Newport. Bay. • 3. Public Access and Recreation. The Coastal Act of 1976 provides: The Legislature further finds and declares that the basic goals of the state for the coastal zone are to: ...(c) Maximize public access to and along the coast and maximize• public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners. (d) Assure priority for coastal—dependent development over other development on the coast. (30001.5) In carrying out the requirement of Section 2 of Article XP of the California i Constitution, maximum access, which shall be conspicuously posted, and recreational oppurtunities shall be.provided for all the people consistent with public safety needs and;the need to protect public rights, rl is of private property owners, and'natural resource areas from overuse. (30210) i Development shall.not interfere with the public Is right of access to the i sea where acquired through use MIN or legislative authorization, including, but not limited to the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. (30211) i i, Oceanfront land suitable for recreational use shall be protected for i recreational use and development unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already; adequately provided for in the area. (30221) Persons opposed to the use of North Star Beach as a disposal area contend that the proposed development would reduce public use of the beach during the 30 days needed for the dredging. The opponents also contend that disposal of the silty • spoils would be incompatible with the eventual development of North Star Beach for public use. �• North Star Beach is public trustlands granted to Orange County. The beach is open for public use but lacks parking or other public facilities. It was created when the bay was dredged during construction of the Dover Shores subdivision; dredge deposits were placed on public tidelands to a depth of up to 13' above high water. The beach soil consists of a mixture of silts and sand particles, with some weedy vegetation cover. The beach near the tide and surf zone contains more sand and- is used for surf fishing by the public. A 6' high concrete block wall separates the beach area from North Star Lane and the residences to the south. • Opponents to the project argue that if the beach is developed for general recreation, is 7ike],y that i� 'x soil will need to be removed from the site to lower the profile so that sand may be imported without creating a steep gradient which 'could cause further silting of the Bay. They contend that it is inappropriate to continue to add silt to the beach area just.because it is the least expensive disposal method, as the ultimate• ` cost of disposal will then be paid by the taxpayers of the city or county. Opponents. also express a concern that it would be a bad precedent to use pubale beaches for s0ils' i• from private dredge projects. i I � The applicant argues that the.value of the beach would be enhanced through the filling of the irregular depressions, and that the. spoil will be buried beneath a foot of the soil. The applicant, which has been consistantly opposed to any development of North Star Beach for public use, contends that because the waters of Newport Bay are of • low quality and the marine and wetland resources are sensitive, that water contact recreation is inappropriate for this beach. Therefore, the deposition of the spoils would not interfere with public access or recrea ion-which on o£ is now limited to a small disposal amount of public fishing. In support of its imp of the spoils in a ocean dump site; the Regional Commission found: - The_projact would; it fact] ih ferewith public access to, and use of a public beach area, and is therefore inconsistent with Section.30211 of the t Act. : . d Water-oriented recreational activities would be interferred with and thus Y the project is in conflict with Section '30220 of the Coastal Act of 1976• �. 4. Water Quality of Newport `Bev. Section 30231 provides: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations !, •. ', of marine organisms and for the protection of human health shall be main- tained and? where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controll3.ng runoff" preventing depletion of ground water supplies and substantial interference • surface water flow,. encouraginwaste water reclamation, maintaining natural , • vegetation buffer areas that p. oteat x�par3an habitats, and minimizing a]t _- ation of natural stresme. • S: f a. Toxicity. A 1972 repoart 'by the Orange County Health Department identifSed significant concentrations of heavy metals in bottom sediments. in Newport Bag apparent];y:,,.. coming from marine paint from boat repair facilities. Hence there is a concern that .' :; any dreae spoils be disposed of in such a way as to insure no re-contsmination 'o8'': r .' ; �' d the BEr. Opponents to the project contend that disposal 'of the spoils in North Stax,. '`.: Beach presents an unacceptable risk of the metals leaching out of the silt and reeY,ti�t� g the Bag either via the overflow during disposal or by seepage long after the project. is complete. The applicant provided a chemical analysis of the material to be dredged and it indicated no trace of the metals tested for. However, arsenic and mercury were not tested and both metals had been found in the County survey. The Regional Commission found that: As the spoil material and resulting effluent are of questionable and undeter- mined quality, allowing these materials to be placed on the North Star Beach is inconsistent with Section 30231 of the Act. Similarly, allowing-placement of materials of unknown quality ad---to ttie_t)"pp`er Newport Bay Ecological Preserve is in conflict with Section 302la0 of the Act. • Since the Regional Commission action the applicant has had samples analyzed for both arsenic and mercury. The results have indicated that these elements are not present in concentration which would present a toxicity hazard. The Regional Water Quality Control Hoard, State Department of Fish and Game and -U.S. Fish and life Service have all reviewed the project and given at least preliminary approval and "'• stated that there seems to be no hazard of heavy metal contamination. Opponents note that tests were done on the material for other potentially toxic materials such as the pesticides DDT and DDE. 1 b. Siltation. Opponents contend that there is a possibility that the fine grain silt in the dredgings 'could wash through the soils under the beach if i the two materials were not of a compatible size. The applicant points out that the disposal pits are a considerable distance from the shoreline, above the mean high tide mark and that the beach is composed of old dredge spoils. Although no comparative particle size analysis was made, the U.S. Fish and Wildlife Service believes that the spoils and disposal site soils are generally compatible. 5. Alternative Methods of Disposal. Instead of disposing of the dredge spoils on North Star Beach, the Regional Commission required that the material be deposited in an EPA approved ocean dump site. The nearest such site is 4 miles off of Newport 1 Beach. The applicant has stated that this condition will double the cost of the 1 project (from $25,000 to $50,000) and is inconsistent with the more restrictive policies of the Army Corps of Engineers and EPA for granting ocean dumping permits (Exhibit 3):. j EPA staff stated that the new policies require a more complete investigation of land ' disposal alternatives and a bioassay analysis on the potential for impacts on ocean i biota before a permit is issued. In view of the earlier toxicity tests however, the EPA indicated that it would be unlikely that a bioassay would indicate any problems with the disposal .of this material, at an ocean site. Opponents contend that ocean idisposal of dredge materials is the accepted method for Newport Beach projects. i In its analysis, the Regional Commission staff indicated that the State Department of Transportation would accept the spoils for construction project fill. However, the 1 material would either have to be dewatered near the dredge site or trucked away in wet form having several times the weight and volume of the dry silt. The applicant contends that the cost of this method would be prohibitive. Finally, the Regional Commission staff has noted there is a possibility of using dredging as land fill cover or soil replenishment where salt content would not harm vegetation. The applicant notes again the high cost of this alternative. i 6. Public Trust Lands. Litigation in the 1960's established both the dredge area and the proposed disposal site as subject to the public trust. The State granted these" f tidelands to the County specifying that the grant is for two purposes: to develop 1 . harbor and navigation facilities, and to provide for public recreation and assembly. The dredging is clearly within the purpose; but the deposition of spoils could probably be allowed only if such action was not inconsistant with public recreation-on North Star Beach or the continued health of the nearby ecological reserve. Because of the public trust status of the site, the Regional Commission imposed a condition that the permit would be void if the project conflicts in any way with the determination of a court or responsible public agency acting under public trust authority (Exhibit 4)• Neither the applicant nor the opponents challenge this condition. • 1 4• i ,• .. Paa 5>.B "• 1+ MUD 1' .. � v • .. B/ AT CYlrf "s. 1. ~fi i nV,..Y . 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" ';" •/' --""y.,�.,�'•'M1~-�.--•�.•. 1 `/wr 4n tk� ; `_"rWi`�:'�\^ !r "J'\ �11-�➢Y • ..,._`"'•,�•,,._, ��..,,_,�8a� p:,:q�• 8`14 I,(,i' " bra \• ed�, . • h� 10Park aa.aaa+aanJlaMw ,♦ a t / w 2 x�• 14 al i 1 DI t�;• !n r. .... r •;��,,,,.--.. � \., {x it �•• prIS;°i9s�AL SITE UPPER NOTE ss•nr'as•"� , NEWPORT NEWPORT W AGH J~ �, PROJECT " ear APPROXIMATELY 5000 C.Y. OF GRANULAR ' LOCATION MATERIAL TO BE DREDGED BY HYDRAULIC J DREDGING AND f ".La I 'ey DEPOSITED AT wpoq oww, \\\ DISPOSAL SITE. r®D mum I 3:•` - �J-� .» ..�. � sl. VICINITY ASAP sl: '. {4.n:L*NOATN'rk'.L'd. -, >: - ,a .. 'Ki•.s' K;:'... Cj. R mow. I I +9,e •1 EXISM0 PAKNEAD / t�yy DREDGI 7 i SECTION A•A' � s, ' NOT TO SCALE • •• //�.• �Q ",� / ININ/v R ;fl40 _413= LAN 0 too 200 3001»t • PROPOSED DREDGING AND DISPOSAL PURPOSE: MAINTENANCE OF BERTHING AREA IN NEWPORT BAY i AT NEWPORT BEACH. CALIFORNIA COUNTY OF ORANGE q L• APPLICATION BY DOVER 1 ��A (� SHORES COMMUNITY ASSOC. -,A), �� SHEET I OF 1 5/13/77 ` c 771'ri�fm .._._ r .�. t ? � i �"'\ "�\ 1 � ..•*' 'lW rn� 1• �♦ ..�• Y. ...w .Y• tlw. T{ .a^'. P: • ' .mow � ON DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS LOS ANGELES. CALIRORNIA flOOt73 SPLCO—N 30 September 1977 i r, (5- O C i 5 1977 California Coastal Commission 1540 Market Street CALIFORNIA San Francisco, CA 94102 COASTA! i_' %;1IS510N i Gentlemen: i Ii• We are writing in regard to Appeal No. 349-77 of the Dover Shores Community i Association from decision Of South Coast Regional Commission. It is our understanding that Dover Shores is appealing the decision of the Regional Commission to require that the dredged material be disposed of at i • an approved E.P.A. dump site in the ocean. Disposal of dredged material in an ocean site, even an approved disposal site, requires a permit from the U.S. Army Corps of Engineers. The granting of such a permit is far from an automatic procedure and is becoming more and more difficult. 4,- I New procedures published jointly by E.P.A. and the Corps which became effec- tive with a notice in the Code of Federal Regulations 7 September 1977 place severe restrictions on disposal of dredged material in the ocean. Material containing pollutants must• be extensively analyzed for its biological effects and even then may be dumped in the ocean only if there is no suitable land disposal site available. We feel that the land disposal site proposed by Dover Shores is suitable and we would most likely deny their application for ocean disposal. As a minimum we will require that bioassays be furnished by Dover Shores at considexa4le expense to them and then cannot guarantee that a permit wail be issued. i The only alternative for Dover Shores if their appeal is denied and an ocean dumping,permit is denied is disposal at some other upland site. I Should you need further information please feel free to contact John McVey or Bob Atkins at our Navigation Branch 213-688-5606. • t, Sincerely yours, (RR..'P. YOUNG, P.E. Chief, Construction- Operations Division EXlci�bi� 3 . �Jw1L�.�'a7mb'7�C'sgiaao,Q,CaNwYt,W� I , 1 1 Caesar 5vwosa) ; •Findings: 1. The project would, in fact, interfere with public access to, and use of a public beach area, and is therefore inconsistent with Sectit 30211 of the Act. ' ' 2. Water-oriented recreational activities would be intarfarrad with, • and thus the pSoject;is'in conflict with Section 30220 of the Coasts; ! Act of 1916. j3. As the spoil material and resulting effluent are of questionable II or undetermined quality, allowing tkeaa materials to be placed on tti North Star Beach is inconsistent with Section 30231 of the Act, i 4. Similarly, allowing'placement of materials of unknown quality ad, , cant to the Upper Newport Bay Ecological Preserve is in conflict wit' Section 30240 of the Act. i 5. As feasible, less environmentally damaging alternatives to the deposition of spoils tt'on North Star Beach are available, the proposed f project is inconeiscint with Section 30233 of the Coastal Act. •�' '• 6. Thera era unresolved questions concerning the relationship of th • � project to public cruet 2ande. • Seats Lands is currently taw¢igkei 7. There are feasible alternatives, and feasible mitigation measure n u provided in the CEQA, available for imposition by this Commission . 1 under the power granted to it which would substantially lagoon any significant adverse Impact that the development, as finally proposed , ; may have an the envimnmq�,y+ . i 8. The project, as conditioned, is in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976 and will not pre- , judice the ability of the local government to prepare a local coastal }, program that is In conformity with said ghaptar. i• • 9. The project, an conditioned, is in conformity with the public j access and public recreation policies of Chapter.3 of the California i Coastal Act of 1976. Ite e- ..., .. . .. I Conditional •` Prior to issuance of permit; 'applicant shall submit a signed and notarized statement agreeing-to the followings ' 1. All dredged materiaLaiand eFfluene are to be transported to, and deposited at', an EPA designated dumping site suitable for their .. ultimate disposal. 2. In the event that any competent agency or court determine, that any development involved by this permit are subject to the public trust, this permit shall immediately become void as to any development , undertaken pursuant to this permit.P 37 MARINE DEPARTMENT November 13, 1978 ITEM NO. : H-11 (c) TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: REQUEST BY DOVER SHORES COMMUNITY ASSOCIATION TO AMEND A PREVIOUSLY APPROVED DREDGING PERMIT TO ALLOW DISPOSAL OF DREDGED MATERIAL AT SEA INSTEAD OF ON NORTH STAR BEACH Recommendation If desired, approve the request subject to the approval of the U. S. Army i Corps of Engineers. Discussion On April 11 , 1977, the Council approved a harbor permit to allow dredging of the { Dover Shores Channels and deposit the dredged material on North Star Beach adja- cent to the project site. . j Subsequent to the City Council approval , the applicant has been attempting to obtain the necessary State and Federal agencies approval. All of these were obtained except the State Coastal Commission. The applicant was- unable to resolve the Coastal Commission objections and therefore has decided to request an amendment to their City permit to allow disposal at the EPA designated site four miles at sea. DAVID.HARSHBARGER, DIRECTOR MARINE EPARTMfENT�j/ %/,� • C� G'Vr��G�'"7 I. G n E. Welden Tidelands Administrator GEW:II Attachments • i • i . . - • s6 Z ARM aa•aYaa'x >� UPPER NOTE NEWPORr KC = 1 � NEWPORT " APPROXIMATELY 5000 PROJECT SAY C.Y. OF GRANULAR ° LOCATION ✓"" -- nn«a w- '� •+=•�-� MATERIAL TO BE .I,iml 4, \\\ DREDGED BY HYDRAULIC �`b ua'w I "='•— DREDGING AND �� f ,ILL"p1aN +. \\ DEPOSITED AT "o?� D �1� DISPOSAL SITE. m j J 4 '1i I TA, E•��'F,�,y }�j IIL p,• aw D"a1N 1 S yICINITV 61AP ION.Mv Ilya j +9 6 --£X/S7lND BULKHEAD VY''pI Mom �'i.� 1 i—DREDD/NB Ufide a 1 '•��, I-:%:.• •fed" �^i F SECTION A-A' TOf TO SCALD MORNIt4G STAR L•ANc �"'• / , 0 100 y00 300 NI PROPOSED DREDGING AND DISPOSAL • PURPOSE IN NEWPORT BAY MAINTENANCE OF BERTHING AREA AT NEWPORT BEACH, CALIFORNIA COUNTY OF ORANGE APPLICATION BY DOVER SHORES COMMUNITY ASSOC. SHEET I OF I 5113M j I i 3 , DOVER W SHORES C O M M U N I T Y • ASSOCIATION November 6, 1978 mr. Glen Welden Ioiarine Department 3300 Newport Beach BlIrd . Newport Beach, Ca. 92663 Dear r'r, welden: IIII On April 11 , 1977 the mayor and city council approved a, permit allowing us to maintenance dredge our channels, and to deposit the mat- i erial on :North Star Beach. Because of Our • inability to secure a permit from one govern- ment agency, we request an amendment to our permit allowing us to dispose of the dxed.ged material at sea. Thank you for your past help. sirAcerely, Owen McLean Member of the Board of Directors 4.04 Evening Star Lane Newport Beach, Ca. 92660 f I association manager,devine properties,p.o.box 687,corona del mar,ca 92625 r ' i 17351ri ORANGETHORPE PARK ' ANAHEIM,CALIFORNIA 92801 PHONE (714)871•8631 �p[EN MCLEAN DATE: 1-12-79 P.O.No. Verbal y ... Shipper No. Lab,No. K-2575-1-3 a( Specification: Mateiiali .. Dredge Material , ' PARTICLE SIZE DISTRIBUTION i RETAINED =1 -2 -3. 50 Mesh 0.0 0.0 0.0 . 100 Mesh 74.5 75.2 75•0 t ' 200 Mesh 20.1 19.0 • 19.0 Passing 200 Mesh 5.4 5.8 6.0 : ANAIIEW TEST LABORATORY James A. Kailas.Cher Caamnt SHEET 2 OF 4 .a ANAHEIM TEST LABORATORY 17351/2 ORANGETHORPE PARK ANAHEIM,CALIFORNIA 92801 PHONE (714) 871.8631 •OWEN 'MCLEAN DOVER SHORES HOME OWNERS ASS'N. DATE: 9.2_77 P.O. No. None Shipper No. Lab. No. K-0853-1.2 Specification: Material:Dredge Material ` ..1 North Channel 1. .2 South Channel INSTRUMENTAL ANALYSIS • i • 1 i Mercury +0.1 ppm *0.1 ppm Cadmium +0.1 ppm *'0.1 ppm Arsenic +0.1 ppm *'0.1 ppm Lead 0.5 ppm *0.1 ppm Zinc 16.0 ppm 1.3 ppm i Oil do Grease 575 ppm 650 ppm . i , * Less Than a ANAIIEIM TEST LABORATORY , ' p A. J'amn//Kn�im,Churl Ch.mm[ i i , 17351h ORANGETIIORPE PARK t y ANAHEM,CALIFORNIA 92801 PHONE (714) 871.8631 -0: MR. LUEN• McLEAN VER SHORES HomE UVNERS ASSOCIATION DATE: 8-23-77 wport Beach. California P.O.No.bone Shipper No. Lab. No. K-0830-1-4 Specification: Material:Soils INSTRUMUTAL ANALYSIS -1 -2 -3 -4 • .t CLdt9ila! ND* ND ND ND _ Lead UD ND ND NO Chromium ND ND � •, ND N ND ND D Copper L , Zinc ND ND ND ND ff *ND Not Detected ( "lraxim=tt Approximately 0.1 mg/liter) •1 Near Beach North Slab• i -2 South Channel Near Center -3 Neer Beech South Slab -4 Mid Channel North Slab ANAHEIM TEST LABORATORY Jumef A 'Kill,,Ce-ct Cn.m+st , t ti DO R. w SHORES COMMU N I T Y ASSOCIATION JUN& Ilo, 1977 EMERGENCY MAINTENANCE DREDGING 6 Project Description: j In this area, storm drains discharge into the channels. We also get a great deal of silt and debris from storm run-offs from the bacl, bay. The purpose of the dredging is to restore the 'channels to safe navigable water 4 depths. The dredge material at this location is sand and silt and not virgin material . The estimated quantity to be dredged is 5000 C.Y. Hydraulic means will be used. The dredged material will be piped up our two channels and down the east gutters of Polaris and across North Star Lane into the entrance at While Cliff. , The dredged material will flow into the first holding basin of • the three basins shown on the map. It will be necessary to-build small ramps over the pipes at the entrance of Evening Star Lane and North Star Lane to take..,, care of traffic. The basins have been created by utilizing the existing holes on the property (see photographs). The first basin is the largest and will be equipped with a pipe near the top so the water can run into the second basin when the first is i near full , and so on into the third basin. 75% of the dredged solids in the i water will settle to the bottom of the first basin and approximately 25% into the second basin. The water running from the second to the third basin should r, r be completely devoid of sand and debris. By the time the water is returned to I� the bay from the third basin, it should be as clean as 'the water now in the bay, !, These holding basins are formed using sand that was dredged from these channels originally, so a portion of the water will be filtered through the sand as it s goes back into the bay. This procedure was recently used at Sunset Beach with great success. i These channels are privately owned by the Dover Shores residents, and the cost of the dredging will be paid for by the Dover Shores Community Association '--- not by the tax payer. • In order to avert this deteriorating condition, any effort to expedite the pro- cessing and approval of this project by the government agencies involved ould be greatly appreciated by the Dover Shores homeowners. Q 11 � •, o Wti N ti..� mac' association manager. devine properties, p.o.box 697,corona del mar, ca 92625 �4 .DOVER'' W SHORES C O M M U N I T Y • ASSOCIATION August, 1979 SUBJECT: REASONS FOR DREDGING DOVER SHORES CHANNELS With silted condition in the channels, .it is creating tremendous problems for the residents who have boats in this area. Most of the boats moored in this area are restirog in the mud at low tide each day. This causes damage to the propellers, -shafts and rud' ders, and also can cause severe damage to the bottom of the boat itself which could show up later when running at sea. Additionally, • . ,it is very damaging to the engines' cooling systems which: is caused by sucking up silt and it results in costly repair bills. The"cost of a haul-out for a 25 •to 50 foot boat is from $150 to $500, and the cost of physical damage to the boat would be in excess of these' prices. It is necessary for. boat owners to go to sea-and -return at low .tide because of the height of the-old Pacific Coast Highway Bridge. There is also damage to the docks which are primarily designed for art of the dock is pounding floating. There is a severe strain when 'part on the silt and the remainder is 'floating. The pilings are uprooted and .structural damage to the docks are incurring. association managerdevine properties,p.o.box 667,corona del mar,ca 92625 60 ER W SHORES COMMUNITY • ASSOCIATION • August 8, 1979 THE UNBELIEVABLE, FRUSTRATING DOVER SHORES MAINTENANCE DREDGING PERMIT PROCESS Started process of obtaining a remedial dredging permit to restore navigable condition two home fronting waterways through the following government agencies on MAY 10, 1976: Orange County Environmental Agency Orange County Board of.Supervisors Newport Beach City Marine Department Newport Beach City Council Orange County Health Department California Department of Fish and Game California State Lands Division U.S. Fish and Wildlife Service California Regional Water Quality Control Board U.S. Environmental Protection Agency U.S. Corps of Engineers Approval of permit request was processed expeditiously by above agencies except for minor stipulations. As final permit requirement filed on JUNE 1 , 1977 for South Coast Regional Commission, 0egional proval on basis of placing dredged material in large holes on man-made beach and leveling me as was done when beach was originally made from dredged material . Coastal Commission recognized need and approved maintenance dredging requirement, but on basis of hauling dredged material out to approved EPA site at sea. - AUGUST, 1977 This condition in the permit would triple the cost. Appealed Regional Commission's ruling to top level California Coastal Commission. - SEPTEM- BER 12, 1977 California Coastal Commission rejected appeal without allowing presentation of additional. pertinent date. - OCTOBER 18, 1977 - Commission's rejection of request threw out 14 months of effort, planning and financial cost in Association's work in getting approval and per- mits from above listed government agencies. Amended original dredging permit and reprocessed permit to comply with Coastal Commission-'s ruling that material dredged be hauled out to sea. - NOVEMBER 13, 1978 Now, as of JUNE 15, 1979, we are at a stage where we are caught between a dispute involving the U.S. Corps of Engineers and the U.S. Environmental Protection Agency as- to the validity and possibility of granting our maintenance dredging permit. Everytime we inquire about the process on our permit, they come up with a new requirement. Considering the two years, three months lapse of time, these• continuous delays when our dredging requirement gr ows more critical month by month are hard to understand. 9 9 d material on the weed covered beach as e government agency says we can't dump the dredge , e originally requested and now, 22 months later, another government agency says we can't dump it at sea, except under some impossible conditions that would add another $35,000 to the cost, with even then no assurance permit would be granted. After three years and three months , ,we still are not able to proceed with our remedial dredging. - Where do we go from here?? THE PEOPLE OF THE DOVER SHORES COMMUNITY ASSOCIATION association manager, devine properties, p.o.box 687,corona del mar,ca 92625 1 DISPOSAL SITE �l UPPER NOTE a••aYaYni j� N£WPURT t fewxet eeacn L, enr APPROXIMATELY 5000 .o�pRO7ECT t a� C.Y. OF GRANULAR LOC�iION I •'�`.~�'�•a;:y:. MATERIAL' TO BE �EII �y DREDGED BY HYDRAULIC „\\ DREDGING AND �S+nLL�dl HI "+.4\♦,\ DEPOSITED AT � DISPOSAL SITE. sor \ nLt.s • ' t rtse Iiw it tR•6 i:� ClFil Lfl1E / ••::: / 4N, . —E.t'ISRNu^ bY/(.KHMD �"'i::%:iY; �• '�. \h•" . Jae �- F .,. % •'� \S NOT 70 SCALE jjj"` /i i,// . ,IF "r�:.• •r• 1. !/ l/,lv.,•;;'/�/�,,. , "'/ ''', MORNiNCiSTAfiLf�tiE, ''� i•'•� '�• !;•� -Ri• / Ili :�.. 100• 2a0 1UU Inl PROPOSED DREDGING AND DISf' ^,AL PURPOSE: MAINTENANCE OF BEf<TINL'�+G AREA A-r..�. : .,� ,fi, CALIF(MI IA !,; i-r• COUNTY OF ORANGE Af•f'L I/:A 1lOIi BY DOVi:R i SHOBE5 COM-MUNIIY AS::,OC. I SM.ET I OF 1_,/IS/%7J I . • r Sundet Beach Dredging Maintenanoe dredging done in 1974 and. again In • ' 197' t'r_e dredged material was deposited in three basins on Sunset Beach. The same as vre propose. The material both times was dredged from the channel and around. the slips. Also, in 1976 they dredged the bay channel adjacent to the mouth of the flood control. channel West Newport Dredging Dredged. in 1977• The raterial was dredged ou of the channel and pumped onto the beach. ' The excess water ran back into the, charnel. The same method was used in the Grand daral between Balboa Island. and. Little Island in •1976. Naterial dredged was pumped upor both sides of the can against the bulkhead nand the ex- • aess Crater rand back into the bay. COST OF DBEDGI :G S25,000 Plus : Bulldozing, fencing, and maps. 1oh co-t is because of unusual restrictions put on ussuch as ; fencing, building of basirx, and cost of covering basins after filling. Basins ::ill be 9 feet deep and the material dredged from the charnels will not -fill the lst basin, let a'-one the other 2 basins. On North Star Beach the distance -from the road . trside the wall to, the ,:ester is 850 feet. Area the three basins will take up vrill not cover more than 600 feet. Distance of third basin from the ?.rater is 250 feet. There is no way -that any of the • dredged material car, get back into the rater. U`� OHCEPT PLAN "A ' existing residential a PP er � a �• ' - . leW\IeQild exen9ea wlasa � _fin � ; `•-- - • •. r • m• �• /' - ''� ��� �// ,\gam\�9 • `//� _BACK B"t RE RANNWv ORTH STAI ]BEACH DOVER SHORTS G61NNELS MAINTAATANCE DREDGING AND BEACH IMPROVEEMINT FLAN r Phase I PREPARE FILTER AND SETTLING BASINS IN AREA OF NORTH STAR BEACH CLOSE TO STREET. BAS11Z TO BE FORl%3D PARTIALLY FROM HOLES NC.1 EXISTING IN BEACH( SEE PHOTOS) • PLACE DREDGED SAND AND SILT IN 9 FOOT DEEP BASINS. AFTER COMPLETION OF DREDGING OPERATION( APROX. 45 DAYS)' BACK—FILL BASINS AND COVER WITH 24•;to 30 inches CF EXISTING GROLIND•CCVER ON BEACH. BEACH GROUtt'D AREA THEN WOULD BE DE=WEEDED AND LEVELED TO PRESENT A MORE ATTRAOTIVE APPEARANCE. ANY' EXCESS MATERIAL TO BE HAULED AWAY AS FINAL CLEAN—UP OPERATION. DEVELOPS ENTRY TO NORTH STAR BEACH AREA TO PROVIDE PEDESTRIAN ACCESS ONLY. DESIGN OF ENTRY TO PREVENT DIRT—BIKEt MOPEDS AND DUNE BUGGY ENTRY. ! PLACE SIGNAGE TO IYDICATE HOURS OF OPERATIONp USE RESTRICTIONS OF PARK AREA— NO OVER—NIGET CARTING,. NO DCGS ETC. Phase 2 • DEVELOPE PRELIMINARY CONCEPTUAL DESIGN FOR ULTIINAT3 USE Orr^.' AREA BASED ON NATURALj. PASSIVE LO'ri VIINTANANCE TYPE PARKt BASED ON USES SUCH AS SURF FISHING JOGGING AND WALKING PATHS ' PAR EXERCISE COURSE SHADED BEACH AREAS & BENCHES AT SURF FISHING AREA. PORTABLE SHIELDED TOILETS RUBBISH RECEPTACLES PARKING PROVISIONS THE DOVER 541ORES OCMMUNITY ASSCCIATION AUGUST 3,1979 DOVER rTwt SHORES C O M M U N I T Y ASSOCIATION DO WHOM IT MAY CONOERNr THIS IS TO CERTIFY AND GUARANTEE TO THE CITY OF NEWPORT BEACH# THE COUNTY OF ORANGE AND ANY OTHER PARTIES CONCERNED# THAT THE DOPER SHORES COMMUNITY ASSOCIATION WILL IN GOOD FAITH CARRY ' :I FORWARD TO COMPLETION THE OOMBINATIUN DREDGING AND BEACH IMPR— "4 j OYEMENT PLAN AS PROPOSED AND OUTLINED AND IDENTIFIED AS PLAN eA° DETAILS OF WHICH ARE ATTACHED. X��Ie2 �7 , E. P. BENSON, President DOPER SHORES-COMMUNITY ASSOCIATION I Si : • Dated this 17th day, of August#1979 ' %{A I til i , • . ,a 'It association manager,devine properties, p.o.box 687,corona del mar,ca 82625 DEPARTMENT OF THE ARMY • ' LOS ANGELES DISTRICT, CORPS OF ENGINEERS , P. O. BOX 2711 ' LOS ANGELES, CALIFORNIA 90033 • SPLCO-N Public Notice No. 77-16.0 29 July 1977 en went To'! 1 9 March 1979 Date Comments Due: ` 9 April 197�y YOU ARE INVITED TO COMDENT ON THIS APPLICATION FOR A PERMI� APPLICANT: Dover Shores Community Association P. 0. Box 687 ' Corona del Mar, California 92625 APPLICANT'S AGENT: ' Mr. Owen McLean (714) 642-3211 ACTIVITY: Under Section 10 of the River and Harbor Act of 1$99 to amend Public Notice No. 77-160, dated 29 July 1977, by deleting Section 404 .of the Federal Water Pollution Control Act, and' changing the disposal site from North Star Beach to ocean disposal at LA-3, Newport Beach, 250 fathoms,'', ' within a 1,000-yard radius of Latitude 33°31'42" North, Longitude 117054''48" West, as shown on the attached drawings. PURPOSE AND USE: To maintain an adequate depth for small craft operating in the area. FEDERAL, STATE AND LOCAL AUTHORIZATIONS: Approvals have been received from the City of Newport Beach - Marine Safety Department and the California Coastal Commission. Approval will also be required from the Water Quality Control Board - Santa Ana Region, prior to issuing the permit. IMPACT ON HISTORIC PLACES AND NATURAL LANDMARKS: r6e ,proposed activity is not near any of the sites-.listed in the National Register of Historic Places or the National Registry Natural Landmarks.the National Regist�of Natural Landmarks. Anyone having know- ledge of archaeological, scientific, prehistoric or historic materials in the immediate area should contact this office during the comment Period. The' permit (if issued) will include a condition that if potentially significant findings are made' during construction, work shall be suspended immediately, The findings shall be reviewed and appropriate action will be taken. '�'i Y^1' a-Y'v�r h "=��'� �.�, ' YSa��4"�.L "•''' s �"u'�'r U.3 .v'm 1� W Public Notice No. 77-160 9 MarchJ979 APPLICANT: Dover Shores Community Association ✓ENVIRONMENTAL IMPACT: A Preliminary Environmental Assessment of the proposed action has determined that no significant adverse impacts would • result from dredging and disposal activities. The proposed project entails dredging approximately 5,000 cu yds of predominantly sandy material of acceptable quality and dumping the material at an established ocean disposal site approximately 4 mi offshore. Project locations are shown on figure 1. Short—term impacts that can be expected from the proposed activ*ty include- a temporary increase in turbidity•in the dredging and disposal areas f which can adversely affect existing marine organisms and aesthetics; destruc— tion of any benthic habitats present in the channels and at the disposal site; and impacts on noise, aesthetics, and boat traffic as a result of the physical presence of dredging equipment. Barging sediments from the dredging area to the disposal site may disrupt boat traffic in Newport Bay. Increased turbidity and unauthorized deposition of sediments may occur in the Bay from barging operations due to leaks and spills and may impact marine organisms within the bay. vo72 protected or endangered' species are know to be present within the project . area. The project is not near any sites listed in the National Register o Historic Places or the National Registry of Natural Landmarks. f This preliminary assessment indicates that no significant impacts upon the � human environment would occur from the proposed work; consequently, an Environmental Impact Statement does not appear necessary at this time. CRITERIA: Your written comments or objections should include the number and date of this notice and must reach this office within thirty (30) calender days. The decision whether to issue a permit will be based on an evaluation of the probable impact of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered; among those are conservation, economics, aesthetics, general environmental concerns, historic.values, fish and wild— life values, flood damage prevention, land use classification, navigation, recreation, water supply, water quality, and, in general, ' the needs and welfare of the people. No permit will be granted unless its issuance is found to be in the public interest. • FOR THE DISTRICT ENGINEER: S KEYS Lieutenant Colonel, CE Deputy District Engineer i • • AUG 2 9 1977 EDMUND G. BROWN JR., Governor ;,if CALIFORNIA—STATE LANDS COMMISSION `'/WE LANDS DIVISION /1807 ISTH STREET SACRAMENTO, CALIFORNIA 95814 (916)322-7809 • August 24, 1977 File Ref.: PNCELA 77-160 Dover Shores Community Association P, o. Box 687 Corona del Mart CA 92625 M Gentlemen: The State Lands Division has received Department of the Armyt Los Angeles District% Corps of Engineers Public Notice No. 77-160 dated July 29♦ 1977 relative to your application for a permit to perform maintenance dredging in upper Newport Bays City of Newport Beacht Orange County. ` This is to advise that a portion of the submerged lands over which your activities will extend are sovereign lands of the State of California that have been granted by the Legislature to the County of Orange. . Therefore you need not apply to the State Lands Commission for project authorization. You should, however, contact the County of Orange for authorization of your project. This action does not constitute nor shall it be construed as a waiver of any rightf title or interest by the State of California in any lands under its jurisdiction. Very truly yours* JAMES DE LA CRUZ PN Coordinator /mef cc: Department of Water Resources Attn: C. K. Fellows 0 IF CPY OF NEWPORT BE%H . COUNCILMEN MINUTES 'A OG,�N��iq���T ROLL CALL January 9, 1978 INDEX Motion, x The staff was directed to continue the condemnation Ayes x, x x x x x x proceedings authorized by Resolution No. 9201 (Alternate 1). \ 10. A report was presented from the Parks, Beaches PB&R and Recreation Director regarding transfer of Equipment Capital Outlay Item Purchases. (2680) The p�ur.,chase of a 30" riding lawn mower from the Motion x appropriatee,d�� Capital Outlay money in the Park Ayes x x x x x x x Division was a>roved.CONSENT CALENDAR: Motion x The following actioapproAoe 4y one motion Ayes x x x x x x x affirming the actions on the Consent Calendar: 1. The following resolutions were adopted: (a) Resolution No. 9261 providing that all Municipal ballots be counted at a central counting tion place (April Councilmanic election). (A R-926 report from the City Clerk. (12) (b) Resolution No. 9262 accepting a Grant Deed Upper Bay from the_County of-g Ore for one-half Swimming interest in North Star Beach per(Up Newport Beach R-9262 Bay)._ (A report rf o fhe City A6 orney)" (596) (c) Resolution No. 9263 adopting certain PERS procedures for conducting an election to R-9263 determine if the City should amend its (61 contract with the Public Employees' Retire- ment System to provide for theTtheCityl " " retirement plan for public saf (Attached with a report from t Manager) (d) Resolution No. 9264 authorizi�� OrCo Attorney to intervene andff�present the Airport City of Newport Beach4the matter of the R-9264 Statement of Issues� garding the application (195) of the County of fange for a variance from the State Noi Standards for the Regulation of Ca11fo a Airports (Case No. L 15743). (Attach with a report from the City Atto ey) 2. The ollowing communications were referred as dicated: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) To staff for report back, a letter from Business Lewis C. Ihrig concerning a delinquent License / business license fee and the reasons on Tax which he is basing his appeal to Council (891) for a waiver of the penalty. (Copies mailed to Council) Volume 32 - Page 6 AY OF NEWPORT BACH COUNCILMEN MINUTES \.p kP F 2 ROLL CALL `P ` January 9, 1978 INDEX Lawrence Wilson, Vice President of Robert Bein, William Frost & Associates addressed the Council and stated he was present to answer any questions. The Final Map of Tract No. 10135, incorporating Motion x by reference the condition recommended by the Ayes x x x x x x x Planning Commission, was approved. 7. A report was presented from the Community Develop- Tract 9626 ment Department regarding the Final Map of Tract No. 96260 a request of Koll Center Newport to approve a final map to subdivide 9.241 acres into eleven lots for office development and one common area lot to be developed for parking, ingress and egress, and landscape areas on property located on the northwesterly side of Teller Avenue, between Birch Street and Campus Drive in Koll Center Newport (Phase II of Tentative Map of Tract No. 9626); zoned P-C. The Final Map of Tract No. 9626, incorporating Motion x by reference the condition recommended by the Ayes x x x x x x x Planning Commission, was approved, and Resolution R=9258 o. 9258, authorizing the Mayor and City Clerk execute a Subdivision Agreement between the C y of Newport Beach and the Koll Company in con action with Tract No. 9626, was adopted. 8. A rep rt was presented from the Public Works Tract 7953 Depar ant regarding vehicular access rights sdjustm t for Collins Radio site, located on the west ly side of Jamboree Boulevard northerly of MacATt r Boulevard. Motion x The followi resolutions were adopted. Ayes x x x x x x x Resolution No. 9259 authorizing the Mayor and R-9259 City Clerk to a ecute a grant of vehicular access rights to Jamboree Boulevard for the Rockwell Internat onal •Corporation. Resolution No. 9260 accepting the offer of R-9260 relinquishment of ve icdlar access to Jamboree Boulevard from the RAMC ell International Corporation. 9. A report was presented f m the Public Works W Coast Hwy Department regarding acqui ition of Davidson Widening Realty property at 5801 Wes Coast Highway. (2552) A letter was presented from t e Parks, Beaches and Recreation Commission supp ling the staff recommendations. George Davidson addressed the Council and asked the Council to agree to exchange anti sell to the Davidsons sufficient park property t allow them to reconstruct their office facility d provide for the minimum amount of parking requ red by the City code (Alternate 2). Volume 32 - Page 5 CITY OF NEWPORT BEACH • Office of CITY ATTORNEY January 9, 1978 To: The Honorable Mayor and Members of the City Council H-2 (b) From: City Attorney Subject: Resolution Accepting Title To One-Half Interest In North Star Beach • The Upper Bay Settlement Agreement, approved April 11, 1975, provided that North Star Beach would be jointly owned by Orange County and the City of Newport Beach. A Grant Deed has been prepared and executed by the County, conveying one- half ownership to the City of Newport Beach with one-half ownership being retained by the County consistent with the terms of the Settlement Agreement. The resolution on this evening' s agenda authorizes the Mayor and City Clerk to accept the subject Grant Deed on behalf of the City. • NEIL + DENNIS D. O' City Attorney DDO/bc CITY OF NEWPORT BE*,H COUNCILMEN MINUTES iy o A �i \10 ( '9 OAA y Sys ROLL CALL P ` October 25, 1977 INDEX 3. A report was presented from the City Manager Upper regarding a Grant Deed conveying one-half owner- Newport ship in North Star Beach to the City of Newport Bay Beach. _ (355) Motion x A proposed resolution accepting a Grant Deed from Ayes x x x x x x the County of Orange for one-half interest in Absent x North Star Beach (Upper Newport Bay) was referred back to staff to be returned to Council after the matter has been formally acted on by the Board of Supervisors. C ADDITIONAL BUSINESS: r 1. A letter from the Bowers Museum Foundation was 7Bowerspresented asking that the City write a letter to the Orange County Board of Supervisors expressing support for the expansion of Bowers Museum as a Central Orange County Museum Facility and urging approval of the Joint Powers Agreement between the County and the City of Santa Ana to facilita the expansion. Motion x The Mayor was authorized and directed to se a HUD Ayes x x x x x x letter to the Board of Supervisors expres ng the Absent x City's support for the expansion of Bow s Museum as a Central Orange County Museum Fac ity. Motion x 2. Resolution No. 9212, authorizing a ecutiou of an HUD Ayes x x x x x x amendment to the Community Devel ment Block R-9212 Absent x Grant Program to provide for t nsfer of respon- (2082 sibility, and rescinding Res ution No. 9110, was adopted. Motion x 3. Resolution No. 9213, a orizing the Mayor and Marinapark Ayes x x x x x x City Clerk to execute a Consent to Sale of R-9213 Absent x Mobilehome and tram r space in Newport Marina- (209F) park (Viler, V. Lo don, I. Loudon, W. Loudon and Lawson), wa /adopted. After determining�that there was no more business to come before the , Ma or Dostal declar ed the My'�ouncil y meeting adjou ed at 10:37 p.m. m r` Volume 31 - Page 283 r � CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER October 25, 1977 COUNCIL AGENDA NO. H-2(c) TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: NORTH STAR BEACH In the Upper Bay Settlement Agreement, approved April 11 , 1975, it provided that North Star Beach would be jointly owned by Orange County and the City of Newport Beach. The subject Grant Deed conveys one-half ownership to the City of Newport Beach, with one- half ownership being retained by the County of Orange. The Deed has been checked by the City Attorney's office and the Public Works Department and found to be consistent with the Upper Bay Land Ex- change document. As soon as the Council acts upon this matter it will be referred to the Orange County Board of Supervisors for their review and action. RLW:mm �OB RT L. WYNN —. *rY OF NEWPORT B&CH COUNCILMEN MINUTES \ALL 'Ay �ptP`ROLL C November 22, 1976 INOEX 2. The following communications were referred as indicated: (a) To staff for reply, a letter addressed North Star to Mayor Dostal from Patrick F. Cadigan Beach opposing the development of the Upper Bay's North Star Beach. (Exhibit) (b) To the League representative to the OrCo Orange County Division of the League of Trans California Cities, a letter to Mayor Coms Dostal from the City of Buena Park requesting support for their Councilman James T. Jarrell as a candidate for appointment to the Orange County Transporta- tion Commission. (Exhibit) (c) To Pending Legislation and Ethics Commit e, Airport a resolution from the City of Anaheim opposing any new study by Inter-Count Airport Authority with respect to a ew airport in Orange County. (Copies mailed to Council) (d) To the League representative o the Paramedics Orange County Division of t e League of California Cities, a lett enclosing the position paper draf d by the League's Ad Hoc Paramedics Comm tee concerning the paramedic servic for Orange County. (Copies mailed to C uncil) (e) To staff for re y, a letter from Hugh Animal Mynatt protes ng the fine for which he Control is liable on the second citation for allowing h dog to run unleashed; stating at the dog is usually restrained; and ask ng that the ordinance be amended to mi gate its severity. (Copies mai d to Council) 3. The f. lowing communications were referred to the/City Clerk for filing and inclusion in /(b) ��ff records: ) Removed from the Consent Calendar. Removed from the Consent Calendar. (c) Resolutions from the Cities of Irvine, Fountain Valley and Orange requesting the Orange County Board of Supervisors to establish a County Service Area in unincorporated areas of the County. .f (d) A letter from James H. Lyons, attorney for Airport Service, Incorporated, advising they have applied to the California Public Utilities Commission for an increase in rates. (Exhibit) Volume 30 - Page 290 323 Morning Star Lane J(2 Newport Beach, Ca. 92660 ✓ November 1976 Milan Dostal, Mayor `3 City of Newport Beach V QA0)���oo'e r t 3300 Newport Blvd. �, * h)// Newport Beach, Ca. 92660 Dear Milan: The Dover Shores Community Association is unequivocally opposed to the _ �/� development of Upper Bay's North Star Beach. I thought that all governmental agencies and private interest groups agreed that the Upper Bay area should be kept in its pristine stage. A public beach develop- ment seems inconsistent with that position. We had our Annual Meeting of the Dover Shores Community Association last Tuesday evening, 26 October. About 50 residents attended. All of them were absolutely opposed to a public beach development at North Star Beach. They were very concerned about traffic, noise, environmental impact, potential trespass into private property, etc. , etc. North Star Beach is an isolated geographic area -- right in the middle of a residential development. A public beach was never considered in the original planning of Dover Shores. There is not adequate street facilities to handle additional traffic. We already have a severe problem with excess traffic on Polaris and Santiago Roads -- which would be the routes to North Star Beach. We question the cost effectiveness of a "public beach" at North Star. The "beach" would serve very few people. (Incidentally, the area is public now -- and many of the people who use the area aren't even from Orange County) -- and there would be a recurring cost each year to keep up maintenance. If the County wants to spend money for the public good -- I suggest dredging the Upper Beach Bay. This would be of great benefit to our Newport Beach ecology and environment. If the County wants to help on beaches -- I suggest the Dunes be refurbished. Right now, the Dunes is only minimally maintained. It has far greater potential than North Star. Dover Shores Community Association had a Board Meeting last night at my home. I am no longer President (after three years in that office). Dorothy Doan is our new President. I am still on the Board of Directors. You'll be contacted by mail by others in our Association about our opposition to any development at North Star. We are firmly convinced that the public interest would be best served by keeping the North Star .area in its primal stage. It's beautiful the way it is. It serves the people well as is. - 0 Milan Dostal, Mayor -2- 5 November 1,976 Please help us to preserve one of the most attractive areas in Newport Beach and thank you for your past support on this matter. y urs, Patrick F. Cadig Member, Board o Directors Dover Shores Community Association PFC:ec cc: Supvr. T. Riley Dover Shores Board of Directors COUNCILMEN CI?Y OF NEWPORT BEACH MINUTE S MVk*X%S ROLL CALL October 26 1976 INDEX 7. (District 5) Councilman Ryckoff's appointment of a Bicycle member to the Bicycle Trails Citizens Advisory CAC `Committee to fill the vacancy created by the Motion resigns of Helen Reeder was postponed to Ayes x x November 8. 8. The appointment of a City rep tative on the Council Motion x Upper Newport Bay Ecological Reserve lopment Cmtes Ayes x x x Committee was postponed to November 8. 9. A report was presented from the Parks, Beaches and North Star Recreation Commission regarding the ownership of Beach North Star Beach._ _ Assistant Parks, Beaches and Recreation Director Ron Whitley gave a brief staff report. Motion Thefollowing recommendations of the Parks, Beaches Ayes K x x 1 22 and Recreation Commission were approved: .._. Noes x Retain one-half interest in North Star Beach with the County of Orange. Request that a budget allocation be provided by the County from the Newport Harbor County Tidelands Fund to plan the area for recreational uses and to provide any desired minimal development for the area. Recommend to the County that an annual appropriation from the Newport Harbor County Tidelands Fund be budgeted to provide minimal maintenance to the area. 10. A report was presented from the Parks, Beaches and Volley 1 Recreation Commission recommending amendments to Reg Resolution No. 7282 regarding the installation of volleyball courts on the ocean-front beach. Gary Lovell, a member of the Parks, Beaches and Recreation Commission, addressed the Council regarding the Commission's recommendation . Motion x The staff was directed to prepare a/ ew resolution Ayes x x x to include the amendments sugg!s d by the Parks, Beaches and Recreation Commis on. CURRENT BUSINESS: 1. A report was pre s ted from the Community Develop- Cost/Revenue ment Departme regarding the report from and System recommends ns of the Planning Commission on the adoptio of the Cost/Revenue System. Motion x C cilman Williams made a motion to authorize the staff to retain three independent economists, such as from UCI, to review the Fiscal Impact Analysis System prepared by Ashley Economic Services, Inc. and to provide written comments and report back in thirty days, and to authorize payment for these /z / services not to exceed $150 each. Volume 30 - Page 257 CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION COMMISSION October 26, 1976 TO: MAYOR & CITY COUNCIL F-7 FROM: PB & R Commission SUBJECT: OWNERSHIP OF NORTH STAR BEACH RECOMMENDATIONS: 1 . Retain one-half interest in North Star Beach with the County of Orange. 2. From the Newport Harbor County Tidelands Fund, request that a budget allocation be provided from the County to plan the area for recreational uses and to provide any desired minimal development for the area. 3. Recommend to the County that an annual appropriation from the Newport Harbor County Tidelands Fund be budgeted to provide minimal maintenance to the area. 4. That before forwarding the above recommendations to the County of Orange, that this matter be referred to the Joint Harbor Committee for review and recom- mendation. DISCUSSION: At the regular meeting of the PB & R Commission on October 5, 1976 the subject of ownership, development and maintenance of North Star Beach was discussed. The staff provided the Commission with backup material from previous studies and discussions regarding the Upper Bay and, specifically, the North Star Beach area. Prior to the Commission meeting, the PB & R staff had several telephone discussions and two meetings with representatives from the County to determine the best procedures in the disposition of the area in question. It was reported that the County has funds in the Newport Harbor County Tidelands Fund that could appropriately be spent for the planning and development of this tidelands area. It was also indicated that this particular fund is growing annually because of the limited number of locations in which the money can be spent. It would, therefore, be appropriate for the City to enter into a 50-50 ownership with the County for this site, rather than assuming full owner- ship as offered in Mr. George Osborne's letter to the City Manager dated September 2, 1976. Complete ownership by the City was discussed by the Commission, but it was felt that this would put an undue burden on the City for total planning, development and maintenance of an area that is now totally owned by the County. Under the terms of the Upper Bay Ownership Agreement, the County must convey to the City of Newport Beach an undivided one-half interest in North Star Beach. It is the Commission's feeling that the City's partici- pation should be limited to 50% ownership rather than total ownership of the site because of the availability of planning and development funds in the Newport Harbor County Tidelands Fund. Mike Johnson, Chairman MJ:CCS:h 9� CCU NTY O F ti In � rA� � AN G E 1 ENVIRONMENTAL MANAGEMENT AGENCY TELErHONE e94 sale AREA COM 7I.1 811 NORTH BROADWAY SANTA ANAL CALIFORNIA In eiu uc .rnncr•r P O BOX 400 SANTA ANA. CALIFORNIA 927,02 SEP 2 1976 H. C. 0560RNE N NU—Pre. Studies DIRE CTOR FILE Mr. Robert Wynn, City Manager City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92661 Subject: North Star Beach Dear Mr. Wynn: Confirming our discussion of last June, settlement of the Upper Bay ownership dispute was by agreement, supplemented by new state tidelands trust legislation. Clause 4.3 of the agreement executed by the city as well as the County, appears to require the County of Orange to convey to the City of Newport Beach an un- divided one-half interest in North Star Beach. The amended tidelands trust legislation clearly impacts this matter by stating that the County may grant the city the entire North Star Beach for the establishment, improvement and conduct of a public beach and related public facilities. There is a reversion clause if at any time the City of Newport Beach no longer used those lands for such purposes. Apparently then, the County must convey at least one-half interest in the beach to the city. In our June meeting we inquired as to whether the city was indeed interested in such a total conveyance. You responded that because you were not totally familiar with this matter you would investigate and advise. Have you reached a conclusion? If the City of Newport Beach is indeed interested in such a total conveyance for the purposes established by the new tidelands legislation, we would be pleased to place the matter before the Board of Super- visors with a positive recommendation. Very truly yours, H. G. Osborne, Director LML:tc CITY OF NEWPORT BEACH COMMISSIONERS IORKS, BEACHES & RECREATION COMI&ION MINUTES OF MEETING HELD OCTOBER 5, 1976 L 0 CITY COUNCIL CHAMBERS �06 0 °�°o s 7:30 P.M. OLL CALL �s o r °� INDEX The next item was taken out of agenda order to accom- modate persons in the audience. --, STAFF REPORTS: 1 . `M . Stewart said the PB & R Department has co- NIMA Swim Team spo red swim clubs for many years. One of these clubs 1 IMA (Newport-Irvine-Mesa-Aquatics) who recently se t�Mr. Stewart a proposal to combine NIMA with the lb Beach Swim Club, and change the name to the Beach �mClub. Mr. Whitley sent a o�parents of children involved in NIMA to get their'�r�action to the proposal . Of the 83 families invoq ed witj the program, 22 responses were received. flies were opposed to the merger while 14 were favor of the merger. This indication and analysiS�b staff of the merger proposal resulted in a staff\ recommendation to support the proposal . \ Chairman Johnson agreed and directed staff to handle the matter administratively. COMMUNICATIONS: 2. Mr. Whitley presented a status report concerning North Star North Star Beach. A condition of the Upper Bay land Beach exchange agreement indicates that the County of Orange must convey 50% of the ownership of North Star Beach ± 20 acres) to the City of Newport Beach. A letter to the City from H. G. Osborne, County Director of the Environmental Agency, has suggested that the agreement would allow full ownership to be given to the City. Mr. Whitley said in meeting with Mr. Larry Leaman of the same County Agency, this proposal presented a situation whereby co-ownership might prove beneficial to the City. With the County retaining 50Z ownership, this area would remain Newport Harbor County Tidelands and be eligible for maintenance and development funds from the Newport Harbor County Tidelands Fund. This Fund generates approximately $220,000 annually and must be spent on Newport Harbor County Tidelands. With this potential as a future option, staff recom- mended the following: -2- CITY OF NEWPORT BEACH ORKS, BEACHES & RECREATION COMf01ON COMMISSIONERS MINUTES OF MEETING HELD OCTOBER 5, 1976 �° o 0 CITY COUNCIL CHAMBERS �06 o i�os o s 7:30 P.M. INDEX ROLL CALL 1 . A one-half interest in North Star Beach be retained North Star r with the County of Orange. (cont 2. From the Newport Harbor County Tidelands Fund, a budget allocation be provided to plan the area for recreational uses. 3. From the Newport Harbor County Tidelands Fund, a budget allocation be provided to minimally develop the area. 4. From the Newport Harbor County Tidelands Fund, an annual budget allocation be provided for adequate maintenance to occur. 5. The Newport Beach City Council refer these recom- mendations to the Joint Harbor Committee for review and recommendation. Motion x A motion was made by Commissioner Trebler to approve Ayes x x x x x x the staff recommendations. Motion carried. Abstain x 3. Irvine Terrace Community Association requested Euces on removal of 40 Eucalpytus trees on Bayside Drive in September. The Commission postponed a decision Bayside Driv for a month to consider the matter. Motion x A motion was made by Commissioner Wood tha e Ayes x x x x x x x request for removal of 40 trees on Bays de Drive between Jamboree & E1 Paseo be deni dMotion carried. 4. . A letter was received frpnrUCI Plant Administrator regarding a problem �vIt the Chancellor's house adjacent to Gala y, CView Park. It appears that people are going frogh�e Park over the slope and entering into the hancellor's backyard. Mr. Reinhardt asked whethe or not the PB & R Department would consider f5peing the Park to prevent access into the Upper Bay Reserve, and thus on the Chancellor's lawn. Motion x A motion was made by Commissioner TrebTer to instruct i staff to ask Mr. Reinhardt to appear at the next meeting with photos or whatever would be useful to aid the Commission in a decision. -3- CITY OF NEWPORT BEACH -- DEPARTMENT OF COMMUNITY DEVELOPMENT TO. R. V. Hogan FROM: R. L. Gunn SUBJECT: Block Wall at North Starr Lane Factors for Consideration 1 . The homeowners adjacent to North Starr Lane are not in favor of removing the wall . Their primary reason is that they are against increased utilization of the beach and the resulting increase in traffic and on-street parking . 2. The Irvine Com an 4owns the p y� property between the County tidelands and the Bluffs,e re have posted "No Trespassing" signs . These signs , in conjunction with the block wall , give the appearance that all of the property is private. 3. The wall not only limits direct public access but visual access as well . (Aesthetically , the Bluffs are the best in the Upper Newport Bay area. ) 4. The only access to North Starr Beach is through a single-family neighborhood. 5. North Starr Beach is not a .high-quality beach . The sand is of poor quality and there are many weeds that are aesthetically unpleasing. 6. In all probability, Supervisor Caspers will make this a political issue. 7. Several years ago the Parks , Beaches and Recreation Commission recommended this area be developed as a public beach. Mayor Hirth was then Chairman of the Commission . Recommendations Complete removal of the wall , subject to the following conditions : 1 . The County construct a parking lot with appropriate landscaping at North Starr Beach . TO : R. V. Hogan - 2. 2. "No Parking" signs be posted along the north side of North Starr Lane. 3. Landscaping be installed along the north side of North Starr Lane. 4. The County upgrade the quality of North Starr Beach , including removal of all weeds . Comments The area should be developed as a local neighborhood beach of high quality to achieve maximum compatibility with the adjacent residential neighborhood . The County has the funds available to accomplish this . Qap December 27 , 1971 SIGNATURE DATE R. L. Gunn RLG/kk Senior Planner December 17 1971 MEMO TO: Kenneth Sampson FROM: Jim Ballinger SUBJECT: Removal of Block'Wall on North Star Lane Mr. Paul White, Executive Assistant to Supervisor Casper, asked that I find out from my boss when the block wall along North Star Lane, Dover Shores Tract was gding to be removed. He said he was getting a request from the Supervisor about once each month. This conversation .took place on December 15 at a'conference regarding parcels to be included in a prescriptive rights court action for the Upper Bay area. Board Resolution 63-6888 approved the City's issuance of an encroachment - permit subject to the condition that the County shall have the right to remove all or any part of the wall for access to the County tidelands. A copy of the Resolution is attached. An encroachment permit was issued by the City for constructing a 6' concrete block wall on public street right of way just inside the northeasterly line of North Star Lane. Since the City issued the encroachment permit, it may be desirable to work • with the city in arriving at an acceptable solution. Possible solutions could be the complete removal of the wall, removal of 'small openings to provide pedestrian access, or no removal of wall with access provided from White Cliffs Drive. Suggested plan of action: (P 1. Have City and Harbor District staff work cooperatively on a plan J to provide improved access to the County tidelands. 2. Have staff recommendation presented at the Joint Harbor Committee meeting on •January 11 , 1972. 3. Have Joint Harbor Committee recommendation presented at the Harbor Commission meeting on January 11 , 1972. J • 4. Have Joint Harbor Committee recommendation presented at the January 24, 1972 City Council meeting. 5. Submit Harbor Commission recommendation to the County Board of Supervisors for approval , • �lrr'�u� � /� ' . ram✓ JAMES E. BALLIOuER ,Syecial Projects Engineer (/ JEB: lkm 1 MSQLI,e1G1 07 TY--T 330M) W S7,r'sMRVISOIS- w -- ='M COTT, `Z a CP."i,Ipfl'4'' 3 May 21, 1963 ' 4 a On =tiara of Sup arviso: Allan„ duly t;e idcd =.d ca--.ied, t"c a e follo�r3r„ �esolutio- w .dspted; 7 r ;- tho Nilacco oti Dover shoras 8 V=ina wZdivision (T. at no. 4224). adjointig Urwpes P7eY7po-=.•Bay$,• 9 h zcpplic-4 to the City o waupo Scod% for an cw z-an^:" t pEmit• Io to allow ecr+stmuctirra of a block way,'?). allona the n the ly ris'at ©W 11 wsq lino, or blo�th Star L=aq c.^"a3cla adjoins Colmty zldalmda lyinn 12 timther}y chereZ om". mod' 13 wax. the City b=- dePa7ccl action Cra s•�mla g�armit to Voqu ct 14 tho Coc.mttr's 00=U 'rence- with said prop sod amid d o; 16 DFUR ASO the harbor Co iozi as E»W Ito mace .na of Hay 130 1963, 03 g=e 16 recc=aPAe3 -the action �dxc belo-at S 27 tIoa?, :°ice:Gn3) = IT nsomm mw am�t-Lim i.aat thz Ccr:!ty 18 appxovez ojff said emstrmt1crry cae rc rw sc:w pc;rauft 19 therefor is to y ca ce,:�ditf�.za2 •open tho fol.lau: g 20 J. 'rhat the wall shall not intor9cre vith yeaconale• =Cess 21 to the Co=ty tidcicds zrOm 6,r'Ta.',.te C1 tP.s Drives, aad 22 •29 that the 'Co"nty, ar its lesoaeo. or in title 23 shall have the right- to at any timo r u.^�va all .or my part o'er caid' 24 r Mom . �. �t wall for ;.Ccoz to the- County Coaaz�ty tidalmnds. 28 the Co=ty Clark 10 inst=ztod to sc--rxl copies o'0 thi3 Reoolu- Lion to tncs Law port; Bench City Co.nail MCI. to N=co Co..porwtiono 27 28 Ayx.Si SU.77ERl ORS E! 017 30 Ytrn1a WILI,MM ,3'. THILL-Mu DAVIs�1. La 30 N.WS E S�Yc'Misc."�S 31 t►iiSw'�S z: SZ32 atim0'ZS N�''t,= 32 Re s6lutl= U0, 63-588 L� • 7 ,a a4a�y Y Sra./OB c��a pINA N �� _ PAax �Q I (,7) Pe�•�a tj'0 1 Q� Nr LINDA 44 Sr r N`r Ro SCALE Z VICINITY MAP 40TOE of FILL � O l ' 4j! Q Q• ,e--=PROP08 E D (6 FT. a WNIt� ,Sj9R BLOCK WALL z Sta.ll0 rC H A .N N �k EVENING STAR Sta.//l 1� j 41V y A 9ta.112 SCALE:i%20 • , N- N i V�a� Sts.il3 •• PROPOSED 6 FT BLOCK WALL 5�0 NG Sia.114 99090 TRACT -NO'4224 UPPER NEWPORT BAY PREPARED BY ORA%,IGE COUNTY HARBOR DIST. MAY, 1963