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HomeMy WebLinkAbout06-07-1983 - Agenda0 i CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION COMMISSION w REGULAR MEETING HELD TUESDAY, JUNE 7, 1983 CITY HALL COUNCIL CHAMBERS 7:00 P.M. I. PROCEDURAL MATTERS 1. Call to Order 2. Roll Call 3. Approval of Minutes - Meeting of May 3, 1983 4. Adoption of Agenda II. ACTION ITEMS 5. Dedicated Tree Request - Spiritual Assembly of the Baha'1s (Background material provided.) 6. Cliff Drive Park (Report attached') 7. Mouth of Big Canyon (Report attached) 8. Park Dedication Ordinance (Report attached) III. DISCUSSION ITEMS 9. OASIS Long Range Planning (Report attached) 10. Joint Meeting with City Council (Report attached) IV. INFORMATION REPORTS 11. Recreation Division (Report attached) 12. Park and Street Tree Division (Report attached) V. SPECIAL, URGENT OR LAST MINUTE ITEMS VI. ADJOURNMENT CITY OF NEWPORT BEACH' Item No. 3 1.40 Motion Seconded Ayes Motion Seconded Ayes Motion Seconded Ayo arks, Beaches & Recreation Commission May 3, 1983 City Council Chambers 7 p.m. INDEX Ex- Officio member present: Ronald A. Whitley, Director Staff present: Jeffrey C. Kolin, Rec. Supt. Jack Brooks, Park Supt. Dottie Flohr, Secretary Prior to the Parks, Beaches & Recreation Commission meeting, special recognition for boys basketball was presented to the 5th and 6th grade team,and the 3rd and 4th grade team at Andersen School, including their coach, Scott Williamson. The 5th and 6th grade team was the first team in the history of Newport Beach to win the Southern California Championship. The 3rd and 4th grade team was the first team in the history of Newport•Beach to win the Orange County Championship. Jeff Kolin took group pictures and presented the respective trophies. Commissioner Hopkins presented the Special -Recognition Award 'certificates to each player. I.: PROCEDURAL MATTERS Item #1 - Call to Order The meeting of the Parks, Beaches &'Recreation Commission was called to order at 7:03 P.M. Item #2 Roll Call Roll call was taken. Capretz, Cohen, Cole, Hopkins and Stuart were present. Item #3 Approval of x Minutes x Motion was made by Cohen and seconded.by Hopkins to approve the minutes of the April 5, 1983•meeting. x x x Item #4 Adoption of x Agenda x The agenda was adopted as presented. x x x II. ACTION ITEMS x Item #5 - Marinapark Stud /Recommendations Marinapark x Study x x x Ron Whitley reviewed the Marinapark Study - Alternate Uses. He reported that notices were sent to the homeowners advising them this would be an action item on the May 3 agenda. 3 CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 2 City Council Chambers 7 p.m. INDEX 'Chairman Stuart opened the meeting to public testimony.. Buzz Person, President of the Balboa Improvement Association, 6052 West Bay, addressed the Commission. He said that the report is sufficient and appropriate and that it is consis- tent with the land use plan. However, he felt that the report should also address the immediate need for a facility for commercial fishermen as regards to loading, unloading and repairs. Tom Hyans, 217 19th Street, addressed the Commission and thanked them for the opportunity to serve as a member of the Marinapark Subcommittee. He felt the study was well done. There being no further public discussion, testimony was closed. There was then discussion by the Commission including facility use by commercial fishermen. Ron Whitley explained that the proposed plan is a guide only, and that • until the project is approved by the City Council and appropriations made, the land use cannot delve into plan specifics. Capretz motioned the Commission adopt the Marinapark Study - Alternate Uses as presented. Cole seconded., Motion unanimous. Ron Whitley, Stuart and Capretz will meet to write a cover letter presenting the Study to,the City Council. Item #6 = 'Dedicated Tree'Re uest =Spiritual Assembly of the Dedicated Tree Request Ba a is Motion K Ron Whitley communicated with the Friends of OASIS concerning Seconded x the request from the Baha'is to dedicate a tree at their Ayes x x x facility. The Board of Directors'of the Friends of OASIS responded negatively. Ron suggested two al'ternatives, one being the Commission selecting another location, and the second one being inviting the Baha'is to a Commission meeting to discuss the matter. A brief discussion by the Commission followed. Chairman Stuart opened the meeting to public testimony. There being no public discussion,'Cole motioned that the Commission invite the Baha'is to the next Commission meeting on June 7, 1983 to discuss the location of the dedicated tree. Stuart seconded. Motion unanimous. I i I CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 3 City Council Chambers 7 p.m. INDEX III. DISCUSSION ITEMS Item #7 - Sandcastle Street Trees Sandcastle Street Trees Ron Whitley reviewed in depth the Sandcastle Street tree problem from 1981 to present. He explained the results of a recent survey sent to the homeowners, of which 62% approved the removal and replacement concept. However, those who opposed (22 %) were quite strong in their convictions. Chairman Stuart opened the meeting to public testimony. Lloyd Krause, President of the Harbor View Hills South Community Association, 4015 Topside Lane, addressed the Commission. He stated that every resident is entitled to his natural view, which is part of the CC &R's of their homeowners association. He suggested several solutions, i.e., keep the trees pruned to house level, skin to narrow pole, removal with replacements, and removal of most trees without replacements. He mentioned that the majority of • homeowners prefer a removal program which could occur over a period of time. He added that the Board is prepared to handle the cost of replacement and that they appreciate all the consideration given to this problem. There will be an Annual- Meeting on May 4, at which time this issue can be discussed. Richard Shapiro, Vice President of the Spyglass Community Association, 1607 Bay Cliff Circle, addressed the Commission. He felt that the 62% who favored removal of the trees was a sufficient majority, and that the City should be compatible with the overall plan of the CC &R's which restrict trees to house height. He urged that immediate action be taken at this meeting to remove the trees or keep them at house height. Bill Strateman�.. 3429 Quiet Cove, addressed the Commission on behalf of the Quiet Cove residents. He expressed concern over the economic impact of the property if the trees were removed. He felt that the 22% opposing removal did not represent a sizable amount. He suggested the City authorize' cutting back the trees until the issue is resolved. He also felt that the residents would be satisfied with the option of more frequent pruning. Vincent Wells, 3435 Quiet Cove, addressed the Commission. • He asked that the trees be removed or cut to roof height. He read a letter from Jeffrey Matsen, 3449 Quiet Cove, expressing concern that their ocean view was obstructed by the Eucalyptus trees on Sandcastle Drive which depreciates their property. 'Mr. Matsen advised smaller trees or shrubs be planted or that trees be cut or pruned. 5` CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 4 City Council Chambers 7 p.m. INDEX Donald Solsby, 34.15 Quiet Cove, addressed the Commission. He requested the City assist in observing the CC &R rules and asked that action on the motion made last year be taken. Jo Robbins, 1201 Seacrest, addressed the Commission. She was adamently opposed to the trees being removed and felt that a vote should be taken by everyone in the area. Toni Alexander, 3429 Quiet Cove, addressed the Commission and noted that Lusk Homes is now reviewing the entire tree situation. Susan Kensey, 1416 Sandcastle Drive, addressed the Commission. She was opposed to removal of the trees and felt they enhance the area. The option to trim them in a professional manner would be satisfactory to her. Judy Clark, 989 Sandcastle Drive, addressed the Commission. She expressed her support of the trees and would like to see them preserved. Paul Queyrel, 508 Evening Star Lane.and a member of the Board, addressed the Commission. He stated that view prob- lems occupy almost 90% of the Board's time and that the residents know that the CC &R's limit trees to house height. He advised a selective removal program and limiting the tree heights. Lloyd Krause addressed the Commission again saying that -the tree issue had been discussed in their newsletters. He would like to see replacement with low growing trees, possibly with one tree per lot. Diane Walden, 3443 Quiet Cove,-addressed the Commission.and complainbd that her view has,ieen severely,_ impacted ;•She asked _ that -the trees.not be trimmed due to the fact they would grow even bigger. She suggested planting flowering trees. Chairman Stuart then closed public testimony and discussion by the Commission and staff followed. Capretz motioned the Commission direct staff, i.e., Jack Brooks, to work with the Harbor View Hills South Community Association to develop recommendations on the Eucalyptus street trees on Sandcastle Drive. These recommendations are requested to be presented to the Commission by their August 2, 1983 meeting. Cohen seconded. Unanimous. Commissioners Cohen and Cole will work with Jack and the Association to provide any needed guidance. Item #8 - 1983 -84 F.Y. Budget Review, May 23, 1983 1983 -84 F.Y. Budget Ron Whitley reported that the Parks, Beaches and Recreation Review 1983 -84 budget review A s scheduled for May 23 at 2:00 P.M. in -the City Council Chambers. 'The budget committee, con- sisting of Commissioners Cohen, Cole and Hopkins, are requested to attend. On June 13 the Capital Improvements will be discussed and Hopkins will meet with staff prior to that date to determine if he should attend. • 9 4 CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Page 5 City Council Chambers 7 p.m. INDEX Item #9 - Joint City Council- Commission Meeting, June 27, 1983 Joint. city-, Ron Whitley requested that all the Commissioners attend the Council - Joint City Council Meeting on -June 27 as Council may have Commission questions, particularly on the Marinapark Study. Capretz Meeting asked that responsibilities for the beaches be placed on the agenda. Hopkins asked that a summary of goals for Corona del Mar parks expansion also be placed on the agenda. Ron will ask the City Manager to add these items to the Study Session agenda. 'Item #10 - Cliff Drive Park Cl:iff''Drive Park Stuart reported that a meeting was held April 27 with the homeowners association including Brian Jeannette and Gail Demmer. He stated they had a good response from the resident and volunteers to cover renovation, however, potential usage for the building has not been resolved and they need more direction from the homeowners. Hopefully, by June or July there will be a response from them and a decision can be made. IV. INFORMATION REPORTS Item #11 - Recreation Division Recreation Division Jeff Kolin reported we have completed sdf'tball-rregistration and 187 teams have appli.ed.to play in our leagues. With a new Little League and Harbor Area Baseball, we are in a crisis situation for softball facilities. However, next year we will have San Miguel Park and'Buffalo Hills which ,should accommodate everyone. Jeff is working on a slide presentation which -wi;ll allow multimedia exposure. This will be reviewed by the Commis- sioners at their meeting on June 7, 1983. Rae Cohen asked that the Newport Theatre Arts Center activities be included in the Recreation Report. She will recommend the Arts Center send Jeff information regarding their activities. Jeff also reported that summer registration commences May 27. The three big events in the forthcoming future are the City Arts Festival on May 14 and 15, the Olympic Torch IOK on May 22, and the Corona del Mar 5K on June 4. Item #12 - Park and Street'Tree'Division Park and Street Tree No discussion. Division 7 CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 6 City Council Chambers 7 D.M. INDEX V. SPECIAL, URGENT OR LAST MINUTE ITEMS Jeff Kolin reported that the Arts Commission is considering placing Ron Taybi's sculpture in a public park. At their meeting on April 28, they identified three possible sites for approval by the Parks, Beaches & Recreation Commission to exhibit for 30 to 60 days. Their first choice was the Bluffs above Corona del Mar State Beach. Their second choice was Ensign View Park, and their third choice was Galaxy View Park. The sculpture is made out of stainless steel tubing and is 8' high. It can stand in different configurations and will be shown at the Arts Festival on May 14 and 15. An insurance policy would be purchased either by the artist or the Arts Commission to cover l.iabIlity. The Commission felt the Bluffs would be inapprop- riate due to too many people and that'Ensign View Park would also be inappropriate due to construction at the Theatre Arts Center. They recommended City Hall or Newport Center, . however,-they will need more information before making a decision. Stuart reported the Mayor received Roger Morin's letter of resignation and took this opportunity to thank him for his work on the Commission. VI. ADJOURNMENT There being no further business, the Parks, Beaches & Recreation Commission adjourned at 10:00 P.M. i Dottie Flohr, Secretary i Item No -. 5 CITY OF NEWPORT BEACH l I PARKS, BEACHES AND RECREATION DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92663.3884 (714) 640 -2271 May 13, 1983 Mr. Mojdeh Vandat Spiritual Assembly of the Baha'is P.O. Box 7145 Newport Beach, CA. 92662 Dear Mr. Vandat: The Parks, Beaches and Recreation Commission has reviewed your request to have a dedicated tree with ,plaque to be located at our OASIS Senior Facility. In conferring with the Friends of OASIS, the support group that utilizes the City owned'OASIS Facility, it was found that they do not wish to have a dedicated tree at that location. For this reason, the Commission is extending an invitation for you to attend the next.-Commission meeting scheduled • for June 7, 1983 at 7:00 P:M. in the City Council Chambers at 3300 Newport Blvd. At this time other alternatives and specifics of your tree request can be discussed. If there are any questions regarding this procedure, please feel free to give me a call. Cordially, Ronald A. Whitley •Director RAW:df 3300 Newport Boulevard, Newport Beach 9 Wriends of OASIS BOARD OF DIRECTORS Grant Howald, President Jim Sawyer 1st Vice President Bud Desenberg, 2nd Vice President Edger Williams, Recording Secretary Fern Torrance, Corresponding Secretary Matt Hall, Treasurer Garnet Bartick Owen Evanson Norma Gilchrist Brenda Ross Ross.Miller Anthony Monte Eleanor Newman Ione Stockholm Per Trebler Vince Teague Merle Hummel Boyd St!Wngs Richard Sweet Alex Schvarz Milt Hand Julia O'Shaughnessy, Ex- Officio ADVISORY BOARD Aft'Dardel G. Aldrich mblywoman MarfanBergeson es Blomquist William Blurack Hart Honig, R. Hill Vincent Jorgensen Peter Kremer Lucille Kuehn Dr. George Z. DuPont John Macnab Michael Manahan Doreen Marshall Robert McCurdy Supervisor Thomas F. Riley James Roosevelt Paul Ryckoff Judge Calvin P. Schmidt Florence Schumacher Richard Smith J. Leslie Steffensen Dr. Jerome Tobis Robert Wynn City of Newport Beach OASIS CENTER 5th and Marguerite Avenue Corona del Mar, CA 92625 0- P.O. BOX 829 CORONA DEL MAR, CA 92625 TELEPHONE: 759.9471 April 25, 1983 Mr. Ronald A. Whitley, Director P. B. & R. Department City of Newport Beach 3300 Newport Boulevard Newport Beach, Califomia 92663 Dear Ron, The Boar d OF OASIS, at thei r to not accept the BAHAI Group. T. of Directors of FRIENDS April 18th meeting, voted offer of a tree by the // Yo s very truly', rant Holvald, President OASIM Older Adults Social, Information & Services l6 CITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION DEPARTMENT P.O. BOX 1768 „NEWPORT BEACH, CA 92663.3884 (714) 640.2271 April 12, 1983 Mr. Grant Howald, President Friends of OASIS, Inc. 5th and Marguerite Corona del Mar, CA. 92625 Dear Grant: The Spiritual Assembly of the Baha'is has made a request to plant a tree on City property. In communicating with them, they have indicated a desire to have this dedicated tree placed at the OASIS Center. For this reason, prior to taking the matter to the Parks, Beaches and Recreation Commission for their approval, I am seeking input and approval from the Friends of OASIS on the matter. Attached is a letter for your information that • describes the request. If there are any questions, please feel free to call. Cordially, Ronald A. Whitley Director RAW:df Enc. • 3300 Newport Boulevard, Newport Beach �iKiGGGGGGV eJV�f14C/ /NXuy �� vTJ� �/ • 9.0 goo, 70.*5- ✓llu ylu Rea4 4°ao"u, x, .9xsso March 15, 1933 Mr. Ronald A. Whitley City of Newport Beach Parks, Beaches and Recreation Department P.A. Box 1763 Newport Beach, CA 92663 -3334 Dear Mr. Whitley: Thank you for your Potter of February 2, 1933 in regards to planting a tree on City property. The tree we ,would suggest for this purpose is an Evergreen Pear or Alive Tree or if there is a type of tree the City would prefer, we will be happy to plant • that type. We are thinkig of planting it at Oasis +�!# Senior Citizens Center in Corona Bel Mar. The inscription on the plague would read: "Dedicated to Rel'igiou's Freedon in the Morld in Honor of the Baha'i Martyrs in Iran" Thank you for your consideration." Sincerely, , Miss Majdeh Vandat Assembly Member r 1 Item No. 6 CITY OF NEWPORT BEACH • Parks, Beaches & Recreation Department DATE: June 7, 1983 TO: Parks, Beaches & Recreation Commission FROM: Parks, Beaches & Recreation Director SUBJECT: Cliff Drive Park Recommendation: Direct staff to work with Friends of the Theatre Arts Center in relocating their costumes, props, sets, etc., now being stored at the Riverside Drive Scout House; establish a phased refurbishment of Cliff Drive Park Tandscaping; provide sufficient funds to work With community volunteers to remodel building; work with community leaderS•_to develop a• recreation program on a volunteer low cost basis. Discussion: A number of meetings have been held with residents of the Cliff Drive • Park area with the objective of formulating concepts whereby the Cliff Drive Park and Riverside Drive building can be more and better utilized by the community. It certainly appears there is the need, desire and willingness to pursue the stated recommendations to accommodate the results as identified. Attached are documents that indicate the number of volunteers willing to assist in the proposed project and a listing of programs that can be developed with the community. Hopefully, we can proceed to enable work and programs to occur this summer. &RonaA. J it ey Attachments • 13 DATE May 11, 19$3 TO: CITY OF NEWPORT BEACH Parks, Beaches & Recreation Dept. ATTN: Mr. Ronald A. Whitley FROM: Cliff Drive - Scout House Committee Bonnie Jeannette - 645 -5854 - 400 Santa Ana Avenue, N.B. Gail D(.,,aier - 646 -4812 - 2812 Cliff Drive, N.S. Dear Mr_ Whitley: Our committee has circulated a questionnaire and information sheet, (see attached copy) to all homwowners in the Newport Heights area regarding possible uses of the Cliff Drive Scout House. Responses to this questionnaire were enthusiastic and supportive of upgrading and revitalizing the use of the Scout House. Following is a synopsis of the responses: FROM THE CHILDREN AT NEWPORT HEIGHTS ELEMENTARY: (See attached school newsletter) Please make a•four- square court I'd like to play basketball Ping Pong Slides & swings Pool Table Hop Scotch Obstacle Course FROM THE NEIGHBORHOOD RESPONSE TO QUESTIONNAIRE: Summer play center for children - supervised sports and games during daytime -hours Evening meetings for Trailblazers and Indian Guides After school recreation for all ages (IS -6) (sincere request from several working mothers) Meetings for Boy Scout and Girl Scout groups Summer art and craft activities - summer Fun program (see attached letter) Misc.. club meetings (small work groups) Drill team classes LIST OF VOLUNTEERS ENTHUSIASTIC FOR RESTORATION & REVITALIZATION See attached.. n LA • Dick & Gail Demmer Committee Organization 646 -4812 General Helg-" - - Bonnie & Brion Committee Organization 645 -5854 Jeannette Site research and plans needed for repairs and improvements. General Help �w The following citizens have responded with enthusiastic support to the preservation and maintenance of the Boy Scout House lo- cated in the Cliff Drive Park on Riverside Avenue, Newport .Beach. They have volunteered their time, their expertise and their interest. Sharon and Jack,R_e:ed work phone 548 -9301 clean up home phone 642 -6536 1. donate pick -up truck for clean up operations Gary Hayden painter 548 -4006 Randy Speer painter 645 -4216 Walter Beil elactrician 548 -2407 interested in using - BS' House - musician Harris 'clean up a 548 -3652 " .Earl held, where needed Chuck and Coe Spence 645 -2566 clean uP Lynn Hart general help 642 -7056 donated by,Mayor Hart George.Larrick m+da�' }lweTlder 642 -6173 3000 Cliff Drive M. plumber electric,altwiring will pour concrete enthusiastic supporter Harold.Sneider clean up 642 -0233 221 Santa Ana Ave. enthusiastic supporter Nick and Candy Pappas 645 -5453 434 Santa Ana Ave. paint interested in using clean up House for drill team instruction. Ruth Barcume wanted to•.donate money 515,Santa,Ana Ave. to Homeowners Assoc. for len dscaping of Scout House area. Owen E. Minney Welding 645 -4520 447 N. Newport Blvd. Fabrication Cabinet painting Michele DeLacey Dryer -Art Teacher 645 -4520 447 N. Newport Blvd. Will provide ",Summer Fun Art Program for Kids" Steve & Janie Dobbie General Help 642 -3377 Carrie Slayback- General Help 646 -5902 • Dick & Gail Demmer Committee Organization 646 -4812 General Helg-" - - Bonnie & Brion Committee Organization 645 -5854 Jeannette Site research and plans needed for repairs and improvements. General Help Item No. 7 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 24, 1983 TO: PARKS, BEACHES AND RECREATION COMMISSION FROM: City Manager SUBJECT: MOUTH OF BIG CANYON - Attached, you will find a packet of information concerning the Mouth of Big Canyon. On May 23rd., the City Council considered the subject, after which they referred that material to the P, B & R Commission pur- suant to your request. As soon as you have formulated a recommendation on the subject matter, kindly return it to me so that I can place the matter on the City Council agenda for final determination. In a separate memo, I•am.requesting the Grading • Engineer to evaluate the stability of the north slopes. Attachment • ROBERT• L. 'WYNN X- 1] • COUNCIL AGENDA NO. j, ",7, - CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 23, 1983 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: MOUTH OF BIG CANYON The City Council on April 26, 1982, considered a memo from the Parks, Beaches and Recreation Commission concerning the Mouth of Big Canyon park credits. Attached, as Exhibit A, is the three -page memo from the Commission. The subject memo recommends: a) The granting of four acres of park credit to The Irvine Company in recognition of their granting a gravity sewer line easement through Big Canyon and the dedication of seven acres to the Department of Fish and Game. b) That the -four acres of park credit.be specifical- ly applied to certain properties within Newport Center. c) That no additional property in Big Canyon be acquired by Newport Beach. Following discussion on April 26th, a substitute motion by Mayor Pro Tem Hart was adopted to defer this subject to May 24th. On May-24th the subject matter was again con- sidered in which The Irvine Company submitted a letter stating their position on this matter. Attached, as Exhibit B, is the four -page letter from The Irvine Company which states The Irvine Company's preference that it (The Irvine Company) receive 7.6 acres of park credit and, in turn, The Irvine Company will dedi- cate approximately 35.5 acres to the City. 'Approximately 2.5 acres would remain as a buildable area. During the May 24th meeting, Mayor Pro Tem Hart stated that she was in favor of the City possibly acquiring this property and did, therefore, make a motion to direct the staff to proceed with an appraisal of said property. This unanimously carried. During'the discus- sion Mayor Pro Tem Hart stated that the value of the. property should be established as well as a determination of buildable acreage. This report is now being presented to the City Council because the appraisal has been received, as well as a report on the buildable acreage of Big Canyon r1 Page -2- Attached, members of the Council will find as Exhibit C, a seven -page synopsis of the appraisal report. This report establishes a fair market value range of $470,000 ($11,856 per acre) to $520,000 ($13,180 per acre). The Irvine Company has also obtained an appraisal, dated August 23, 1982. The appraisal was performed by Mr. Richard A. Fuller, M.A.I., the same appraiser that performed the work for the City. Under The Irvine Company appraisal, however, it was assumed that there would be some development rights in the Mouth of Big Canyon approximating 90 multiple- family residential units. The City appraisal assumed no development rights with the zoning being open space. The Irvine Company appraisal was $1,400,000. A copy of The Irvine Company appraisal is available in my office if members of the City Council would want to review it. Finally, member's of the City Council will find attached a memo from the Planning Department entitled "Allowable Development in Mouth of Big Canyon." It seems that the City Council ulti- mately must decide the buildable acreage, if any, that exists in the Mouth of Big Canyon. Information reviewed by the P.B. & R. Commission and the Ad Hoc Committee formed to study the possible acquisition by the City of Big Canyon is as follows: • A. ' Newport Beach Gene'r'al' Plan. The Land Use Element of Newport Beach General Plan designates the Mouth of Rig Canyon for "Recreational and Environmental Open Space." The Open Space Plan further defines this area as a Flora and Fauna Reserve. B. ' Newport Beach' Local' Coastal' Program. The Local Coastal Program Land Use Plan designates the area for "Recreation Environmental open Space." Allowable uses include marsh restoration, active open space park, and gravity sewer lines and /or pump stations with appurtenant facilities. The Plan states that: "During the implementation phase of the LCP, the City and the landowner shall develop a mechanism for obtaining dedication of the Mouth of Big Canyon to the appropriate public agencies, in- cluding consideration of the following: a) The granting of park credits to'the landowner for those portions of the Mouth of Big Canyon meeting the usability criteria of the Park Dedication Ordinance. Park credits would not apply to residential sites where neighborhood • ,parks have already been designated in the Recreation and Open Space Element of the 'General Plan (e.g., Castaways and Newport North). • Page -3- b) The City of Newport Beach shall initiate a General Plan Amendment and Planned Community Amendment to designate for residential develop- ment a portion of the Big Canyon Planned Com- munity located southwesterly of the inter- section of Ford Road and MacArthur Boulevard. The precise boundaries of the site, appropriate density, and design of the residential develop- ment will be determined through appropriate environmental documentation. The proposed ten acres for residential development shall not exceed ten DU's per buildable acre." C. Access. The State of California owns the right -of -way for Back Bay Drive and vehicular ingress and egress for development of Mouth of Big Canyon is not available from Back Bay Drive. Access, if the Council determines may be available from Jamboree Road. D. In -Lieu Fees. The •park dedication ordinance allows payment of fees in lieu of land dedication if there is no park or recreation facility designated in the • Recreation Element of the General Plan within a•proposed subdivision. It is required by the ordinance that the park dedication in -lieu fee be equal to the median fair market value per acre of the land in all neighborhood parks in the City if such land were not used for park purposes. The current park dedication fee is $298,486 per acre based on a recent appraisal of Eastbluff Park. During the past six months the Council Ad Hoc Committee has met on a number of occasions to review cost, desirability of acquiring, and other aspects of the Mouth of Big Canyon. On May 11, 1983 the Committee met with representatives of The Irvine Company to review their proposed recommendations. The alternates that were actively studied are: 1. The Parks_, Beaches and Recreation Commissions' recommenda- tion as contained on Page 1 of this report. 2. The City grant three acres of park credit in recognition of the sewer line easement and the Department of Fish and Game seven -acre dedication with The Irvine Company keeping the ownership of the Mouth of Big Canyon. 3. Four acres of park credit be granted with The Irvine Company dedicating all of Big• Canyon to the City of New- port Beach exclusive of the north slopes (5 acres) and ap- proximately 2.5 acres of relatively flat land adjacent to Jamboree Road. The park credits cquld be applied to I'% ; I , • • Page -4- Block 800, PCH frontage, Newport Village, Big Canyon Area 10, and Big Canyon Area 16. While the Council Ad Hoc Committee was not unanimous, it appeared that a majority favored Alternate 3 above. The Irvine Company representatives, therefore, were asked to review this proposal and report their impressions of the proposal to the City Manager. On Friday, May 13th, representatives of The Irvine Company telephoned and indicated that Alternate No. 3 was difficult for them to accept because it isolated the North Bluffs and it would be' difficult for The Irvine Company to maintain these bluffs when they owned no adjacent property. They suggested that either the City accept the North Bluffs in Alternate No. 3 above and The Irvine Company would indemnify the City of slope failures for a period of three years, or that Big Canyon remain in its entirety in the ownership of The Irvine Company. If the latter is accepted by the City Council, i.e., Irvine Company maintain ownership of Big Canyon, they would hope that the City would grant some park credits in recognition of the sewer line dedication to the Sanita- tion District and the seven -acre dedication to the Department of Fish and Game, consistent with what was recommended by the Parks, Beaches and Recreation Commission. Attachments: A, B & C ROBERT L. WYNN .0 April 26, 1982 CITY COUNCTJjfGENDA ITEM N0. TO: MAYOR AND CITY COUNCIL FROM: Parks, Beaches and Recreation Director SUBJECT:" MOUTH OF BIG CANYON PARK CREDITS; RECOMMENDATION: (10d) Pw�'6 14%12s' s' 1 L aq APR 2 6 1982 -. 7 COUNCIL C1171 r""T As determined by the value of the gravity sewer line through, the Mouth of Big Canyon and the prior dedication of seven acres to the State Department of Fish and Game of restored marshland, it is recommended that four acres of park credit be given for these considerations and that -the*MoutJyvvf-8tg- Ganyon-b vine- Gompa »y. It is further recommended that the credits specifically be applied only to Block 800, PCH Frontage and Newport Village in Newport Center, and Big Canyon Aree.10. (see exhibits) DISCUSSION: The Parks, Beaches and Recreation Commission, at their meeting of April 6, 1982, approved the presented recommendation by vote of 5 -1. This decision was based on the premise that the Commission, at their meeting of May 5, 1981; recognizes the'seVen acres of dedication to the Department of Fish and Game,and will enhance the upper bay, all located within the City; and, recognized the value of the gravity sewer line. The Comnission was agreeable to some dedication but urged the City Council to negotiate a reduction in park credits at requested by the Irvine Company. Much of the property known as the Mouth of Big Canyon is slopes and land that is affected`by water run off from natural and /or irrigation sources. . In addition, the soil is questionable with regard to its salinity 'for growth purposes and the compaction limits development. The City assuming this property will be a considerable maintenance and liability responsibility. It is projected that litter control, weed control,•and erosion repair would be an annual, cost of significance. /(psi ;V 1 Ronald A. Whitley J RAW:ma Attachments 0 S ADVANCE PLANNING DIVISION �j 3- 31-82 WO rj • • VA 1� . r .1� rj 4 3 f.. c� JJ .N 3 O $4 ,4 w 0 a a' O .Q N U y a N .i L .i -r c tj7 m co -r co h H C•7 t/} O C. tF+ In M N C h p N O fy O� a a in rn Rg r r c N N M 1 rerun C� N H 5 0 0 lD N M M O N „ ,1 C WWWY N N C> O 0 O tp 4 o q o 1-44JJJjjj H N M O O •CN 1n N h L1 co U1 -W N N CN O O h N O vV l0 N O to EJC N co itr w w r g rt O 1D fJ p , N W H CD b .SU ? .�'".. W tn 1�.� IC o m i r� C� 41 0 4J 41 >,Y h W C. U n' to w p p w w 10IN33IlOdMR .. 1� . r .1� rj 4 3 f.. c� JJ .N 3 O $4 ,4 w 0 a a' O .Q N U y a N .i L .i t cC3tlLfE 4DA 1HE IRVINE C30 PAW No 550 Newport Center Drive, P.O. Box I Newport Beach, California 92660.9959 (714)720.2000 6 CITY May 18, 1982 MAY lg 1982 A City count;, elrr City of Newport Beach 3300 Newport Boulevard, Newport Beach, California cn SUBJECT: Mouth of Big Canyon Park Credits Mayor Heather and Council Members: The purpose of my letter is to clarify our Company's position regarding the Mouth of Big Canyon park credit and dedication issue, and to elaborate on my testimony to the City Council on April 26, 1982. It might be helpful to begin by quickly reviewing the background of our discussions with the City on this matter. BACKGROUND Subsequent to the adoption last yea r . for acquisition o f began a series of the amount of park Irvine Company. 0 construction of the Backbay sewer line and the City's of the Lpcal Coastal Program (which provided a mechanism the Mouth of Big Canyon. in exchange for park credits) we discussions with City staff and the City Council regarding credit which might be acceptable to the City and The At your study session on February 8, 1982, we indicated our intent to request 12.5 acres of park credit in exchange for dedication of approximately 38 acres of land in the Mouth of Big Canyon for park and open space use. This 12.5 acre request was based on a park development analysis prepared for us by EDAW Inc. in April, 1981. We stated our belief that the potential value of this property for development purposes warranted the full 12.5 acres of park credit, requested. Based on further 'discussions with the City subsequent to the February 8 study session, we modified our request to include 7.6 acres of park credit with our Company retaining the right to seek residential development approval on a 2.5 buildable acre portion of the Mouth of Big Canyon adjacent to Jamboree Road. The 7.'6 acres is intended to cover our expected park dedication re- quirements for future residential development in Newport Center and the Big Canyon Planned Community. The most recent proposal involves a recommendation from the Parks, Beaches and Recreation Commission, supported by City staff, which calls for 4 acres of park credit (in recognition of The Irvine Company's contribution, to the successful completion of the sewer line and marsh restoration) with no addi- tional dedication of Company land beyond that which has already been dedicated - to the Department of Fish and Game for the marsh restoration project. Accord- ing to this recommendation, the park credits would be restricted specifically to the PCH Frontage, Block 800, and Newport Vill'age sites in Newport Center, and Big Canyon Site 10. City Council City of Newport Beach May 18, 1982 • Page 2 To summarize, there have been 3 distinct alternatives presented to the Council so far: Alternative 1 12.5 acres of park credit in exchange for dedicating all of the remaining approximately 38 acres in the Mouth of Big Canyon under Company ownership, including a portion of the adjacent slopes. (Proposed by The Irvine Company) Alternative 2 7.6 acres of park credit, dedication of approximately 35.5 acres, with the Company retaining ownership of a 2.5 buildable acre parcel for the purpose of seek- ing approval for residential development. If no development approval is received within a 3 -year period, we would expect to dedicate this parcel to the City and receive an additional 2.5 acres of park credit. Park credits would be applicable to any site in Newport Center and Big Canyon. (Proposed by The Irvine Company) Alternative 3 4 acres of park credit, with no additional dedication of Company land in the Mouth of Big Canyon. Park credits would be applicable only to PCH Frontage, Block 80b, Newport Village and Big Canyon Site 10. If this alter= native is selected The Irvine Company would seek at some time in the future to obtain development approval or some other resolution of the land use issue for the 38 acres remaining in the Mouth of Big Canyon. (Proposed by Parks, Beaches and Recreation Commission and City staff) IRVINE COMPANY POSITION ON ALTERNATIVES In my testimony to you on April 26; 1982, I indicated that we would accept 4 acres of park credit with no additional dedication of land (Alt. 3). This was based on our assessment of the discussion among Council members at that meeting which sug- gested to us a lack of interest in any other alternative. As it turned out however, the Council took no action and continued this item to May 24, 1982. This leaves open the possibility that one of the other options might still be acceptable to the City. Consequently we are now asking the City Council to consider our first choice: proposed Alternative 2 -- 7.6 acres of park credit with the opportunity to develop 2.5 buildable acres for residential use. We believe this FN option recognizes both the public benefitsand development potential of this property as identified by the EDAW analysis. Further it affords the permanent protection of public ownership for the vast majority of the property, and thus preserves the City's future options for use either as passive open space or for more active forms of recreation. The prospects for providing new park facilities elsewhere would not be jeopardized by this park credit settlement because the'park credits would apply • only to Newport Center and Big Canyon, where no new parks are planned. 9 City Council City of Newport Beach May 18, 1982 Page 3 Our preferred option (Alt. 2) has a number of advantages: I. It preserves in public ownership z large open space area which may not be Possible to acquire in the future. 2. It provides for the ultimate resolution of the issue of compensation to be landowner for property designated for open space use only. 3. The 4 acre park credit alternative is only a partial solution in recognition of the sewer line. The Irvine Company would eventually need a resolution of the issue of development rights versus public acquisition for the remaining 38 acres. REQUEST FOR COUNCIL ACTION We respectfully request that the Council approve the following: 1. Grant 7.6 acres of Park credit in exchange for dedicating to the City 35.5 acres with the Company retaining ownership of 2.5 buildable acres near Jamboree Road for future residential development. If no development is approved on the 2.5 acre parcel within a 3 -year period, The Irvine Company will receive an additional 2.5 acres of park credit and the land will be dedicated to the City. 2. Park credits will apply toward the'park dedication requirement of any future residential development in Newport Center and Big Canyon Planned Community generally. Due to the uncertainty as to the location of future residential uses in these areas, it is not appropriate to limit the park credits to only the specific sites recommended by the Parks, Beaches and Recreation Commission. 3. Land dedication to the City includes that portion of slope area surrounding the canyon up to the existing Irvine Company property line. Again, the action requested represents our preference. If the City Council chooses; to approve the staff recommendation for 4 acres of park credit with no further dedication of land, we would accept that action as a first step in the ultimate resolution of this matter. Thank you for your consideration of our views. I will be present at your May 24 meeting to answer any questions that you may have on our proposal. M im nt elopment 0 /O I �x `g - .-f a. 3F. a Q ��„ . r1 N .M fill C IN M1,10'rimmi"ll1 - r i I� MEMBER - MERICAN INSTITUTE OF ASAP ESTATE APPRAISERS RICHARD A. FULLER, M. A. I. APPRAISER AND CONSULTANT SUITE 666 610 NEWPORT CENTER DRIVE NEWPORT BEACH, CALIFORN IA Q2660 August 23, 1982 Mr. Robert L. Wynn City Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 Dear Mr. Wynn: AREA CODE 714 TELEPHONE 644.6p6 Re: Appraisal of the 39.64 Acre Site Referred to as "Mouth of Big Canyon" Located in Newport Beach, California •In accordance with your proposal dated Tune 1, 1982 and your authorization dated June 15, 1982, I have made an examination, of the above property for the Purpose of estimating its fair market value range, as of Tune 30, 1982. As a result of this investigation, and an analysis of matters pertinent to the property's value,, I have concluded that the fair market value range, thereof, as of said date, was $470, 000 to $520, 000: FOUR HUNDRED AND SEVENTY THOUSAND DOLLARS' 'TO FIVE HUNDRED AND TWENTY THOUSAND DOLLARS This value assumes that the highest and best use of the subject property would be for Recreational and Environmental O en Space with a flora and fauna, reserve designation. If the property is utilized for any other use, an adjustment in the value would be required. Following is a brief summary of the definitions, limiting conditions, Property description, and valuation process, which were considered an integral part of this valuation analysis: i SCOPE OF ASSIGNMENT The scope of this assignment has been to physically inspect the subject property; complete a market data study of comparable sale properties; analyze the physical characteristics of the subject property, compare the sales data to the subject property, and form an opinion as to the fair market value range of the subject property. REPORT FORM In the interest of brevity and by specific- instruction of the client this report is herein submitted' in letter form All market data, factual data, reasoning, computations, descriptions, analyses, and discussions, from which in part the valuation conclusion was derived, have been retained in my files, and are available upon request. This report has been prepared in conformity with Regulation No. 10 "Code of Professional Ethics and Standards of Professional Conduct" of the American Institute of Real Estate Appraisers. PURPOSE OF THE APPRAISAL .The purpose of,this appraisal is to express an opinion of the fair market value range of that property generally referred to as "Mouth of Big. Canyon" being an 39.64 Acre Site located in Newport Beach, California, and more 'fully described elsewhere in this report. DEFINITION OF MARKET VALUE "MARKET' VALUE is the highest price, expressed in terms of money, which a property will bring if exposed for sale in the open market, allowing a reasonable time to find a purchaser who buys with a full knowledge of all the uses to which it is adapted and • for which it is capable of being used. "- Sacrpmento Sogthern Railroad v. Heilbron, .(1909), 156 California 408. This definition further assumes that neither the seller nor the buyer are under any undue compulsion to sell or buy. This ap ?raisal considers financing typical of the area, but on a cash equivalent basis. In other words, the value would be equivalent to the down payment, plus the discounted value of the'trust deed, if such existed. The amount of discounting would be a function of the .nature of the trust deed,, or trust deeds, and of the percentage of the total 'property value which they, represented. 2. RICHARD A. FULLER, M. A. I. l3 NATURE OF INTEREST APPRAISED Fee simple estate., I } 3. 1 RICHARD A. FULLER. M. A. 1. ASSUMPTIONS AND LIMITING CONDITIONS This appraisal has been based upon the following assumptions and limiting conditions: 1) That I assume no responsibility for' matters legal in character, nor do I render any opinion as to the title which is assumed to be good. All existing liens, and encumbrances, securing payment of money, have been disregarded, and the property is appraised as though free and clear under responsible ownership and competent management. 2) That information obtained for use in this appraisal is believed to be true and correct to the best of my ability, however, no responsibility is assumed for errors or omissions, or for information not disclosed which might otherwise affect the valuation estimate. 3) Disclosure of the contents o£'this appraisal report is governed by the By -Laws and Regulations of the American Institute of Real Estate Appraisers of the National Association of Realtors. 4) Neither all, nor any part, of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which he is connected, or any reference to the American Institute of Real Estate Appraisers, or the M.A.I. designation) shall be disseminated to the public through advertising media, public relations, news media, sales media, or any other public means of communication without prior written consent and approval of the undersigned. 5) That, this valuation estimate is of surface rights only, and the valuation of mineral rights, if any, has been disregarded. 6) That no warranty is made, as to the seismic stability of the supjegt site. 7) That the appraiser, by reason of this appraisal, is not required to give testimony, or attendance in court with reference to the Property appraised, unless arrangements have been previously made therefore. 8) , That the submission of this report constitutes completion of the services authorized. It is submitted upon the condition that the client will provide the appraiser customary compensation relating to any subsequent required depositions, conferences, additional preparation, or testimony. 4. RICHARD A. FULLER, M. A. I. V;1 9) That the highest and best use of the subject site is Recreational and Environmental Open Space, and is considered an environmentally sensitive area with the flora and fauna, designation. 10) That as no legal description was available for review, it is assumed that the parcel under appraisement'is included within Blocks 52, 53, 55 and 56 of Irvine's subdivision in the City of Newport Beach, County of Orange, State of California. 11) An examination was made of Preliminary Title Report No. OR- 1323869, dated Tune 18, 1981, and prepared by First American Title Insurance Company. 1. In reviewing this Preliminary Title Report the following assumptions were made; 1) That•Exception No. 3 will have no affect on the highest and best use of the subject site. 2) That Exception No. 8 is 15' wide. 3) That- Exception No. 9 is 10' wide. 4) That Exception No. 10 is 15' wide. 12) That the subject site contains 39.64 acres. 13) That no soil tests were available for review, and no guarantee is made as to subsoil conditions. 14) That the value, if any, of the existing sewage pump station has bee} disregarded, and the valuation estimate, herein expressed is,of the land only. 15) While it is presumptive to predict what local planning agencies, City Councils, and other governmental agencies will and will not approve, it is assumed that the subject site will be utilized for Pecreationai and Environmental Open Space uses consistent with the'flora and fauna reserve designation. 16) That future ingress and egress to the subject site from jamboree Boulevard would be permitted. 17) That as no field survey was available for review, it is assumed that the culvert and rip -rap area is within the subject property. S. AICHARb A. FULLER, M. A. I. /6 17 18) That the State of California owns the'R /W of Back Bay Drive and-that vehicular ingress and egress would not be available between the subject site and Back Bay Drive. 6. RICHARD A. FULLER. M. A. 1. } PROPERTY DESCRIPTION SUMMARY LCCATION: The subject property is located between jamboree Road and Back Say Drive, :538' northwest of San Toaquin Hills Road, in the City of Newport Beach, County of Orange, State of California. APPARENT OWNER: The Irvine Company, a Michigan Corporation. LEGAL DESCRIPTION: As no legal description was available for review, it is assumed that the subject property is a portion of Blocks 52, 53, 55 and 56 of Irvine's subdivision as set out within the legal description contained in the Preliminary Title Report prepared by First American Title Insurance Company, identified as OR- 1323869, and dated June 18, 1981. PARCEL SIZE AND SHAPE: The subject site is irregular in shape and is assumed to contain 39.64 acres. ACCESS AND STREETS: ACCESS: SAN DIEGO FREEWAY: This 6 -8 lane freeway provides the major access routes between Los Angeles and San Diego. This freeway is located ±4 miles nort$ east of the subject site with access available from Jamboree Road. STREETS• TAMBOREE ROAD: The easterly boundary of the subject site has 1, 001.95' of frontage on jamboree Road, which is classified as a major highway and has an existing and ultimate R/W of 132'. Jamboree Road is improved with 6 paved lanes separated by a 16' landscape median, concrete curbs, gutters, and sidewalks. It is an assumption of this report, that the vehicular ingress and egress would be available between the subject site and jamboree Road. 7. RICHARD A. FULLER, M. A. I. w k OUP 4 0.2a'aN <<ccU000 ;Z U m u� aC7"xe.a w8UUap cwZW(U 2 0 z F Q ,Q l 4 14 o OO a x x lq- b U M M h^ • CITY OF NEWPORT BEACH PLANNING DEPARTMENT September 17, 1982 TO: Robert L. Wynn, City Manager FROM: Bob Lenard, Advance Planning Administrator SUBJECT: .Allowable Development in Mouth of Big Canyon The General Plan Land Use Element, in its definition of buildable acreage, excludes the following: I 1. Slope areas greater than 2:1. 2. Areas required for park purposes. 3. Areas used for street purposes. 4. Flood plain areas (The General Plan was amended in 1980 to allow the Planning Commission and .City Council the ability to exclude flood plain areas from the calculation of "buildable acreage" on a case by case basis). The General Plan Land Use Element also prohibits locating structures in the • following areas: 1. Environmental sensitive habitat areas. 2. Coastal bluffs.' 3. Bluff top setback areas. 4. Riparian areas. 5. Geological hazard areas. 6. Residential development areas impacted by noise level of 65 CNEL or greater. 7. Flood plain areas. 8. Natural slope areas greater than 2:1 and greater than 25 feet in height. 1 The buildable acreage definition dictates the number of dwelling units that can be built only. The application of the buildable acreage definition to the Mouth of Big Canyon (approximately 50 acres) would result in the exclusion of approximately 31.2 to 37.5 acres of land from the calculation of "buildable acreage ". This would leave approximately 12.5 to 18.8 "buildable acres ". The Locat ;on of ,Struct�ires policy does not address the issue of number of units, but is to be used solely for determining the location of structures on a site. The General Plan "Location of Structures" policy prohibits development in areas determined to be either "Environmental Sensitive Habitat areas ", "Riparian areas ", or "Geological Hazard areas ". If any development were proposed in the "Mouth of Big Canyon," the City • Council 'would ultimately determine whether there are any areas where structures could be located, based on .testimony received during public J • hearings and the information contained in an Environmental Impact Report. The entire canyon is designated for Recreational and Environmental Open Space in the Land Use Element and as a scenic area, and fluora and fauna reserve in the Recreation and Open Space Element of the Newport Beach General Plan. • • a/ The most significant policy conflict that might arise, if development were proposed in the Mouth of Big Canyon, would be the LCP policy that states, "Any development of this site shall be sited and designed to adequately protect and buffer the environmentally - sensitive areas on this site." It may not be possible to allow residential use of the site'without adversely impacting the "environmentally - sensitive" areas. It would be necessary to amend the Land Use and Recreation and Open Space Elements of the General Plan, as well as the Local Coastal Program Land Use Plan, if any residential development were to be allowed in the canyon. The detailed breakdown of., the 50 acres in the Mouth of Big Canyon is as follows: 12.5 -acres - Flat Areas. Includes the ± 10 acre dredge 'spoil site in the southwest portion of the canyon, and the ± 2.5 acre site in the northeast portion of the canyon. 11.2 acres --Slope area qreater than 2.1. .10.0 acres - Riparian area. 5.3 acres - non -wet, semi -flat. These areas are located at the bottom of the canyon adjacent to the Riparian areas. 11.0 acres - Freshwater marsh Fish and Game.) BL :nma (Owned by the State Department of • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 24, 1983 Item No. 8 TO: PARKS, BEACHES & RECREATION COMMISSION FROM: City Manager SUBJECT: PARK DEDICATION The City Council, on May 23rd, considered the attached material from the City Attorney con- cerning modifications to the City's park dedication ordinance. The Council permitted the first reading, with the understanding that the second reading will be on the agenda for June 13th. In the interim, the Commission has a meeting in which it is hoped bythe City Council that you can make recommendations to the City Council. These recommendations should be received in my office by Wednesday, June 8th,'to permit me to include your comments in the Council packet for the meeting of June 13th. Q�,UQ ROBERT L. NN � a A ,/ 11 u • + MEMORANDUM OFFICE OF THE CITY ATTORNEY May 17, 1983 Agenda Item No. F -1(a) To: Hon. Mayor & Members of the City Council 'From: Robert H. Burnham - City Attorney Re: Park Dedication Ordinance The State legislature has recently enacted amendments to provisions of the State Subdivision Map Act that authorize cities to require dedications of land, or payment of fees,, for park or recreational purposes as conditions to the aproval of tract maps. The significant changes brought about by this legislation are as follows: 1. A decrease in the dedication requirements from five acres per 1,000 persons to a standard not to exceed three acres per 1,000 persons, unless the amount of existing neighborhood and community Park area exceeds five acres per 1,000 persons; -- 2. Requires the City to assume that the average number of persons per dwelling unit is the same as that disclosed by the most recent available Federal census; 3. Requires that the value of improvements made by the subdivider to the dedicated land shall be a credit against the payment of fees or dedication of land; • 4. Requires that certain developments be eligible to receive credit for private open space which is usable for active recreation. • J •y • • As a general rule, an ordinance adopted by the City Council pursuant to an initiative petition, may be amended only by a vote of the electorate. This general rule does not apply to matters which have been exclusively delegated by the State legislature to the local legislative body, nor does it apply where the initiative, unless amended, would contradict provisions of State statutes. Without expressing any opinion as to the validity of the initiative Ordinance, it is the opinion of this office that the Council is authorized and required to enact amendments to the Park Dedication Ordinance to bring it into conformance with State law. Finally, it must be remembered that the City is empowered to impose dedication requirements only in accordance with the provisions of its Park Dedication Ordinance and that Ordinance is valid only if it fully complies with the provisions of State law. Park dedication requirements imposed upon a developer pursuant to an invalid Ordinance could be challenged in their entirety and it is, thus, important that the Ordinance be revised to reflect changes in State law to ensure that it remains Valid and enforceable. RECOMMENDATION This office has revised certain provisions of Chapter 19.50 of the Newport Beach Municipal Code (Park Dedication Ordinance) to bring it into conformance with recent amendments to the State Subdivision Map Act and it is recommended that the City Council introduce this Ordinance at its meeting of May 23, 1983 and to adopt the Ordinance at its meeting of June 13, 1983, after public hearing. • RHB /pr MMP /Park n U Pa (�,,4-4 tu, Rbbert H. Burnham City Attorney Item No. 9 CITY OF NEWPORT BEACH Parks, Beaches & Recreation Department DATE: June 7, 1983 TO: Parks, Beaches & Recreation Commission FROM: Parks, Beaches & Recreation Director SUBJECT: OASIS Long Range Planning You are all aware of the excellent program and facility we cooperatively operate with the Friends of OASIS at OASIS. An important part of the process is to monitor and plan for future needs of the elderly. I have had several discussions with the Friends of OASIS Long Range Planning Committee chaired by Dr. Brenda Ross, a past Parks, Beaches and Recreation Commissioner. We thought it would be important to involve the-Commission in discussion on this important topic. Attached is a draft of ideas on this matter. Please realize these are long range and for discussion purposes. Attachment • U • 16 LONG RANGE PLANNING FOR BUILDINGS AT OASIS. 1. WE WOULD LIKE TO MAINTAIN THE OPEN SPACE FEELING THAT NOW EXISTS WITH THE OPEN SPACE BETWEEN THE TWO LONG BUILDINGS. 2. WE WOULD LIKE TO INCREASE THE CLASSROOM AREA TO INCLUDE THE FOLLOWING: A. ACTIVITY ROOMS SUCH AS POTTERY, WOODWORKING, SEWING, CRAFTS. THESE SHOULD BE PLANNED SO THAT THEY CAN BE,BUILT AS WE RAISE THE $. 3. WE WOULD LIKE A GERIATRIC HEALTH EDUCATION CENTER WHICH WOULD INCLUDE ALL THE PRESENT HUMAN SERVICES ACTIVITIES: HEARING TESTING, EYE TESTING, BLOOD PRESSURE TESTING, FOOT EXAMINATIONS, BRAILLE CLASSES, LIP READING CLASSES, ETC. AND WOULD ADD A GERIATRIC HEALTH EDUCATION LIBRARY - WITH CARELS FOR INDIVIDUAL VIEWING 06 A VARIETY OF MEDIA SUCH AS FILM STRIPS, SLIDES, FILM LOOPS, ETC. A NUTRITION TEACHING KITCHEN TO TEACH HOW TO ?REPARE SPECIAL DIETS SUCH AS LOW SALT, DIABETIC, LOW FAT, ETC. THIS KITCHEN COULD ALSO BE USED BY THE CITY FOR ITS COOKING CLASSES ORGANIZED BY THE PBSR DEPARTMENT. A PHYSICIANS OFFICE TO BE USED FOR ONE- ON-ONE CONFERENCES. HOPEFULLY THE MEDICAL STUDENTS/ RESIDENTS FROM UCI COULD ROTATE THROUGH THIS CENTER FOR EXPERIENCE WITH THE GERIATRIC PATIENT. A CONFERENCE ROOM FOR SMALL GROUP DISCUSSIONS ABOUT VARIOUS HEALTH PROBLEMS CONCERNING THE ELDERLY. POSSIBLE EXPANSION AT A LATER DATE TO INCLUDE A DAY CARE CENTER OR A DAY 4. HEALTH CARE CENTER. THIS WOULD REQUIRE OUTDOOR SPACE FOR THE CLIENTS TO•USE IN CONJUNCTION WITH THE CENTER. POSSIBLE EXPANSION TO INCLUDE A CHILDREN'S DAY CARE CENTER WHICH WOULD BE CONTIGUOUS TO BUT SEPARATE FROM THE ADULT DAY CARE CENTER SO THAT WHEN A LAP IS NEEDED BY A CHILD, ONE IS AVAILABLE 'NEXT DOOR', AND WHEN SOME STIMULATION IS NEEDED BY AN OLDSTER, THE YOUNG ONE IS AVAILABLE TOO. }. WE WOULD. LIKE TO HAVE A ROOM OR AREA WHERE ALL KINDS OF CARD GAMES COULD BE PLAYED. THIS SHOULD BE EXPANDABLE SPACE - WITH A MOVABLE WALL - SO THAT BOTH LARGE AND SMALL GROUPS COULD BE ACCOMMODATED. PERHAPS THIS AREA SHOULD INCLUDE ITS OWN KITCHEN. THIS AREA COULD BE LOCATED IN SUCH A WAY THAT DISTURBANCES COULD BE KEPT TO A MINIMUM. 6. PARKING SPACE FOR AN INCREASED ATTENDANCE IF THE CENTER IS DOUBLED IN SIZE SHOULD BE PLANNED AS AN INTEGRAL PART OF THE INVISIONED BUILDOUT. n U n 0 Item No. 10 7 CITY OF NEWPORT BEACH Parks, Beaches & Recreation Department DATE: June 7, 1983 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: Joint Meeting with City Council A joint meeting with-the City Council is scheduled for June 27, 1983 at 2:00 P.M. An agenda for that meeting can be developed at our next meeting. For your information, the Marinapark Study is on the Study Session Agenda of that day. It is important that proponents of the plan and recommendations be in attendance for Council review. • • RECREATION DIVISION MAY, 1983 PROGRESS REPORT Adult and Youth Sports Item No. 11 Registration for Summer Softball is completed with 183 teams accepted and scheduled into leagues with play beginning on May 31, 1983. This is our ;largest softball program ever. With the addition of a new Little League 1program and senior softball program, we have experienced some facility scheduling problems. Most of these have been worked out so that the summer should be a smooth one. Basketball registration for summer leagues is still on going. Spring league play will not be completed until June 10 which has made summer sign -ups slow in coming 'in. Girls softball practices are underway. Sign -ups for the program are still being accepted. Plans for a combined 7th and 8th grade league with Laguna Beach are being finalized. Senior Citizens Work has begun on two-shuffleboard� courts at OASIS Center. Although the area will be torn up for several months, the finished product should be worth the wait. This project was a combined effort of the Friends of OASIS, Inc., County of Orange and the City of Newport Beach. Aquatics and Sailing Summer staff training for aquatics and sailing staff will be held June 18 and 19. Aquatic programs showed a solid increase in spring and we are looking forward to another busy summer. Special Activity Classes Summer is here! Mail -in registration for summer programs began May 27. The office looks like it is buried in mail, but as usual-we are wading through it. This summer will be a little bigger program -wise than last year's with several new classes. The summer brochure is receiving lots of positive comments on its design and should do a good job of publicizing our summer programs. If we sound a little frantic in the next few weeks, just remember that summer is here. Miscellaneous The Newport Theatre Arts Center, Inc. sold over 600 tickets during the run of "Stop the World..." Many nights were sold out or standing room only. What a way to lead into construction of the new lobby, which should begin in June or early July. • Upcoming Events June 4 Corona del Mar 5K June 20 Summer programs begin June 20 & 21 King's River Raft Trip - "White Water Thrills & Chills" June 23 Superstars Competition Balboa Bay Club - Irrelevant Week Item No. 12 PARK AND STREET TREE DIVISION • MAY, 1983 PROGRESS REPORT May has been'a busy month for the Park Crews as they performed the following tasks: Mariners Park - Remove broken playground equipment. Rebuild and paint three picnic tables and deliver one to Newport Center Library. Replace sprinkler heads at Buffalo Hills playing field. May 7 -2 men at O.T,. placed cones and barricades for the Ford Aeronutronics IOK Run. May 13 - Picked up tables and chairs from four locations and delivered them to Fashion Island. May 16 - Picked up and returned the May 13 items. Built 42 baseball anchors for the bases V x l' x 4" concrete with a metal bar for the base unit to slip onto. Built 15 home plate units with wood anchors. • Built 14 pitcher plates with wood anchors. Installed bases, home plate and pitchers plate at 11 fields (3 fields at Newport Harbor High; 6 fields at Corona del Mar High; 2 fields at Lincoln School). Put in foul lines with Diquat at 13 fields. Put up 200 American Flags around Ring Road. Moved a backstop from Ensign School to Corona del Mar High School. Relocated several portable backstop units at Corona del Mar High School and one storage shed. Fixed the Corona del Mar High School storage shed's roof from leaking water. Delivered a storage shed from the City Yard to Lincoln School. Landscaping at Mariners Mile Parking Lot. Repaired two hillside slide areas at Reservoir Park. • Painted and put together six pre -cut 8' long barricades. Picked up 40 tables and 200 chairs from OASIS and delivered them to Fashion Island and returned them later. • • ., -2- l� Provided barricades and cones for traffic control at the May 22, 1983 10K Fashion Island run. Six men at O.T. We delivered, set out and returned them. Installed a new drainage system for a portion of the OASIS grounds. Our Street Tree Division performed the following: 1. Trimmed 717 trees. 2. Planted 8 trees. 3. Removed 5 trees. 4. Root pruned 9 trees. 5. Completed 11 Work Requests. They are finishing Newport Heights and have trimmed the first section of Harbor View Hills. They have started Eastbluff. /74 Al I 0151, IN