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08-02-1988- -Agenda
CITY OF NEWPORT BEACH r PARKS, BEACHES AND RECREATION COMMISSION • REGULAR MEETING TO BE HELD TUESDAY, AUGUST 2, 1988 CITY HALL COUNCIL CHAMBERS 7:00 P.M,. I. PROCEDURAL MATTERS 1. Call to Order 2. Roll Call 3. Approval of Minutes - Meeting of July 5, 1988 4. Adoption of Agenda II. JOINT MEETING WITH FRIENDS OF OASIS (Report Attached) III. ACTION ITEMS 5. Bolsa Avenue Park Proposal (Report Attached) 6. West Bay Regional Park (Report Attached) • 7. Policy for Naming Parks (Report Attached) 8. Commission Community Service Awards (Report Attached) IV. PUBLIC COMMENTS V., DISCUSSION ITEMS 9. Commission Committee Reports a. Capital Improvements - Chair Konwiser b. Street Tree - Chair Herberts c. Recreation Program - Chair Vandervort;(Reports Attached) d. Oceanfront and Beach - Chair Taft e. Facility Evaluation - Chair Grant f. Budget - Chair Konwiser g. Ad Hoc Bond Issue - Chair Grant h. Chair's Report 10. Commission Liaison Reports a. Friends of Oasis - Commissioner Brenner b. Friends of the Theatre Arts Center - Commissioner Herberts 11: Status of Capital Projects (Report Attached) •. 12. Park and Street Tree Division (Report Attached) CITY OF NEWPORT BEACH • Motion Ayes \J 3 Item No. 3 arks, Beaches & Recreation Commission July 5, 1988 City Council Chambers 7 p.m. INDEX Call to Order Roll Call Approval of Minutes Adoption:of Agenda Seating of New Commissioner Election of Officers Ex- Officio 'Member Present: .Ronald A. Whitley Staff Present: Jack Brooks, Park and Tree Maintenance Supt. Mark Dever, Recreation Supt. Dottie Flohr, Secretary I. PROCEDURAL MATTERS Item #1 - Call to Order The meeting of the Parks, Beaches and Recreation Commission was called to order at 7:03 P.M. Item #2 - Roll Call Roll calb was taken. Commissioners Brenner, Grant, Herberts, Konwiser, Springer and Taft, were present. Commissioner Wolfe, Jr. was absent. Chair Brenner expressed her gratitude for the quality of service and role model provided by Commissioner Wolfe during his term as Chair of the Commission. Item #3 - Approval of Minutes x Commissioner Herberts moved the minutes of the June 7, 1988 x x x x x x meeting be approved. Unanimous. Item #4 - Adoption of Agenda The agenda was adopted as presented with the addition of Back Bay Regional Park and Griswold'Property. II. ACTION ITEMS Item #5 - Seating of New Commissioner - Jo Vandervort Director. Whitley introduced newly appointed Jo Vandervort who then took her seat on the Commission. Commissioner Vandervort gave a brierf background of herself and stated she is not only interested in all aspects of parks, beaches and recreation, but has also wanted to serve on this Commis- sion for a long time. Item #6 - Election of Officers for Fiscal Year 1988 -89 Chair Brenner asked for nominations for Chair of the Parks, Beaches and Recreation Commission for Fiscal Year 1988 -89. Call to Order Roll Call Approval of Minutes Adoption:of Agenda Seating of New Commissioner Election of Officers CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 2 City Council Chambers 7 p.m. INDEX Motion x Commissioner Grant nominated Commissioner Konwiser. Ayes x x c x x x x Commissioner Konwiser announced that he had prior commit- ments for the next two meetings and would not be available to serve at these times. There being no, "further nominations, Chair Brenner closed the nominations. Unanimous. Chair Konwiser asked for nominations for Vice Chair. Motion x 'Commissioner Taft nominated Commissioner Springer. Seconded x Seconded by Commissioner Herberts. Ayes x x x x There being no further nominations, Chair Konwiser closed the nominations. Unanimous. Chair Konwiser commended Commissioner Brenner's efficiency during the year and stated he hoped to follow through as well as-she did. Chair Konwiser then presented a plaque • to Commissioner-Brenner for her work and dedication as past Chair of the Commission. Commissioner Brenner stated she has enjoyed the opportunity to work directly with City staff, and Director Whitley thanked Commissioner Brenner for all her services.' Chair Konwiser informed the public attending the meeting that the Commissioners are volunteers and their advisory role is a wonderful way to serve the community. Item #7 - Tree Removal Appeal, 1260•Somerset Lane Tree Removal Director Whitley reported the owner's request for tree Appeal •removal was denied by the Street Tree Committee and is now being appealed to the Commission. Commissioner Herberts reported the original request was for two removals, one of which was removed. She said she would have no objection to the other tree being removed provided the applicant pays for one being planted on Somerset and one on'Highland since the area is so barren. Commissioner Taft concurred. During discussion, Jack Brooks stated thatssince the Associa- tion does not have a preference for the type of tree plantdd the Tree Division would make this determinati.dn. Commissioner Grant suggested-.a list of designated trees be compiled and approved by the Street Tree Committee. Director Whitley suggested the Street Tree Committee could CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 3 City Council Chambers 7 p.m. INDEX work with Associations desirous to do this. Motion x Commissioner Springer motioned to approve the removal of Ayes x x x x x x x the tree at 1260 Somerset Lane provided two trees, one on SomersetLane and one on Highland, are planted at the owner's expense. Unanimous. Item #8 - Tree Removal Appeal, 2201 Aralia Tree Removal Director Whitley reported the owner presented material Appeal concerning her request to appeal the Street Tree Committee's decision during Public Testimony at the Commission's June 7 meeting. Additional - photos and a.report from the Chair of the Street Tree Committee were included in this month's agenda. Chair Konwiser opened the meeting to Public Testimony and Eileen Ciri'lbo, 2201 Aralia,Street, addressed the Commission. • Mrs. Cirillo reported their large landscaping project is now complete, however, she is still concerned about the hazardous sidewalk lift and standing water in the gutter. She is, however, willing to wait and,see how the grass grows under the tree. There being no further Public Testimony, discussion by the Commission followed. Commissioner Herberts stated she has pictures of the site should anyone want to see them. She would like to see the tree saved and asked if General Services could repair the sidewalk, whereupon a barrier could be put in. Jack Brooks advised the subject sidewalk is on the General Services list for repair. Commissioner Brenner said she felt the tree is beautiful and adds to the home and suggested input from the Associa- tion be solicited. Commissioner Taft agreed with Commissioners Herberts and Brenner and stated it would be a shame to remove the tree if it can be saved. Motion x Commissioner Herberts moved the 'request by the applicant Ayes x x x x x x x to remove the tree be denied and root barriers be put in when the sidewalk is repaired. Unanimous. Director Whitley advised the applicant she can appeal the Commission's decision to the City Council. 5� CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 4 City Council Chambers 7 .p.m. INDEX Item #9 - Beach Volleyball Applications Beach Volley- ball Mark Deven reviewed in depth the three recommendations pre- Applications sented in the report submitted in the'Commission's agenda packet. He pointed out that both the Marine and General Services Departments reViewed the recommendations. For the record, he noted he has received 3 letters supporting staff's recommendations to remove the court at the 40th St. location. These letters were from Mrs. Halleck, 3901 Seashore, Tom Blandy, 3903 Seashore., and Bruce Giese, 3915 Seashore. Chair Konwiser opened the meeting to Public Testimony and Mrs. Sidney Bickel, 3801 Seashore, addressed the Commission Mrs. Bickel referred to•the court at 38th Street. She reported that with -each storm the beach is,cut away and now the balls are constantly in her patio. She asked that the poles be moved until such time as the beach is wider. • Mr. Michael Roland, 125-1 43rd St., addressed the Commission. He referred to the court recommended'for removal at the 43r St. site and stated there is an amiable relationship with the people who live there. There`. is also a court between 42nd and 43rd. Both are heavily used in the summers on weekends and, if one were taken out, there would be a 3 -4 hour wait for a court. He asked that both courts remain. Mr. Ed Sybesma, 789 Bayview in Laguna Beach, addressed the Commission on behalf of Mr. Little on 30th St. Mr. Little feels that if the.courts were removed, additional pressure would be added at the other sites. Chair Konwiser closed the meeting to Public Testimony. Commissioner Taft stated he agrees with Recommendation No. 1. However, since the 40th -48th St. courts'get such good use, he would like to see a compromise such as moving the 40th and 42nd St. sites to the street end or finding other locations that are convenient for the residents. Commissioner Taft noted the court at "M" St. does not meet the authorized volleyball court requirements. However, since there are no problems and plenty of space, he asked that it remain. He also pointed out there are,,now 10 courts at Big Corona, rather than 6, and asked staff to investi- gate. Commissioner Taft also pointed out that the court at 61st St. and Oceanfront is 60' east, not 160' east, as written in the report. Mark Deven agreed. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 5 City Council Chambers 7 p.m. INDEX Commissioner Springer concurred with the recommendations submitted with the exception of removing the court at 43rd St., however, she pointed out the ability to provide Marine safety here should be addressed. Commissioner Herberts concurred with Commissioner Taft and agreed that the courts at 43rd and 40th Streets be retained and moved to the street end due to the volume of pray. Mark Deven advised it is important to consider the input from the Marine and General Services Departments. Should a court be at a 'street end, it cannot be near a lifeguard tower. Commissioner Grant approved the recommendations as pre= sented but suggested the words "until such time as the beach replaces itsel.f" be added to Recommendation No. 3. Mom x Commissioner Taft moved to approve,Recommendation No. 1 as Ayes x x x x x x written and to refer'Recommendations No. 2 and 3 to the , Beach and Oceanfront Committee with further review by the General Services and Marine Departments to see if these courts can be replaced at more desirable locations. Unanimous. Item #10 - Bolsa Avenue Park Proposal Bolsa Avenue Park Director Whitley explained the City Engineer's recommenda- Proposal, tion not to vacate the street to provide a park site for the West Newport Heights area. Director Whitley also informed the Commission that he talked to Karen Smith, who originally brought up the concept. Mrs. Smith indicated the residents were unprepared for this evening's meeting and preferred this item be continued. Director Whitley advised the company intending to purchase the church site is still in the application mode and that other variables inhibit the process at this time. Dr. Jan Vandersloot, 2221 16th St., addressed the Commission . and referred to the application which was denied by the • Planning Commission. Chair Konwiser suggested he talk to the City Clerk since this is not in this Commission's purview. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission City Council Chambers 7 p.m. INDEX Director Whitley advised that if a street is vacated, it reverts in ownership to the adjacent property owner. Commissioner Grant referred to the bond issue and suggested funds be set aside for future park acquisition and also for those that arise unexpectedly, such as the one under discussion. Commissioner Brenner questioned the location of play equip- ment Mrs. Smith referred to in her letter. 'Director Whitley advised it cannot be put at the top due to view obstruction and other areas are too narrow and hazardous. Motion x Commissioner Springer motioned to continue this item upon Ayes x x x x x x x request from the neighbors. Unanimous. Item #11, - Policy to Recognize Community Leaders Policy to T Recognize • Director Whitley reviewed Council's request that the Community Commission develop a policy to recognize community leaders Leaders. due to the recent request to rename Mariners Park. Director Whitley reported staff's recommendation, as 'written, to establish a Commission Committee for this purpose has been changed. Since contacting 27 cities in Orange County and finding 3 that have a policy for naming facilities, staff is recommending these 3 policies be reviewed and a draft be presented at the Commission's August 2 meeting. ° Commissioner Taft asked that the policies of the other cities be included in the draft and Commissioner.Herberts recommended the draft be reviewed before the matter is placed as an action item on the agenda. Motion x Commissioner Herberts moved to refer the matter back to Ayes x x x x x x x_ staff to present a preliminary draft., including policies from other cities, as a discussion item at the August 2 meeting. Unanimous. Item #12 - Bond Issue far ,Park and Open Space Bond Issue for Park Director Whitley reported the Commission's recommendation to and Open delay pursuing the bond issue until 1989 was transmitted to Space Council. Council agreed and suggested a Commission Ad Hoc Committee be established to review the Open Space and Recreation Element and determine specific sites and acquisi- tion costs for bond purposes. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 7 City Council Chambers 7 p.m. INDEX Commissioner Grant recommended this matter be brought up under Item #17, Commission Committee Reports. Item #13 - China Cove Volleyball Court Regulations China Cove Volleyball Mark Deven reported the Commission, at their May 3 Court Regu- meeting, directed staff and the Beach and Oceanfront latiops' Committee to work with China Cove residents and develop a plan of action and regulations agreeable to all. Following their June 9 meeting, the proposed recommendation as written are submitted for the Commission's review. The report was also sent to members of the Committee who have further stated the situation is much--improved, i.,e., the language is better; the net is removed; parking is improved, etc. Commissioner Grant reported he was at the site on the • afternoon of July 4 and there were no people in the volley- ball area. He feels too much time will' be taken away from the court area with the proposed hours. Commissioners Springer and Taft agreed with the rules as presented since they are agreeable to-the residents. Commissioner Springer moti.oned to approve the recommenda- tions as listed. Commissioner Brenner suggested Recommendation No. 5 read "Volleyball nets shall be removed during non playing times and daily at sunset." Motion Ayes x x x x x x x Commissioner Springer amended her motion to include Nay x Commissioner Brenner's statement. Motion carries. Item #14 - Ocean Front Equipment Ocean Front Mark Deven reported the Beach and Oceanfront Committee met Equipment as a result of correspondence from Laurie McKenzie requesti'n play equipment at 10th St. which had been removed due to unsafe conditions. Additional consultation with the Assistant City Attorney •resulted in the recommendation as written. It was felt that play equipment belongs in parks and not on the beach. G I CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission �3 City Council Chambers , 7 p.m. INDEX Commissioner Brenner agreed that, due to liability, unauthorized equipment should be removed. She did, however, feel there is a need for play equipment at-certain areas. Commissioner Grant concurred. Commissioners Springer and Taft agreed play equipment on the beach causes liability problems and is not practical. These facilities are provided in public parks and, generall , " there have been no requests for play equipment. They also suggested referring the matter to the community associations. Commissioner-Grant felt unauthorized equipment should be removed; however, he felt a demand exists and sees no safety reasons not to install in areas that are wide enough to accommodate the equipment. Commissioner Brenner felt the matter needs more investiga- tion and association input. She disagrees that play equip- ment belongs only 'in parks since children often use lifeguard towers as play equipment. Motion x Commissioner Brenner motioned to authorize posting removals Ayes, x x x x x x x. of unauthorized play installations and referring installa- tion of play equipment to associations, stating the matter is under investigation and input from residents 'is desired. The issue will be brought back to the•Beach and Oceanfront Committee. Unanimous. Item -#15 - Preliminary Plan Approval - Lincoln Athletic Preliminary Plan Facility Approval. Mark.Deven presented a color layout of the Preliminary Plan. He reviewed the funding for renovation -and pointed out this was presented to the Newport -Mesa Unified School District Board on June 28. The Board asked that vehicular access be installed; the asphalt-be upgraded; parking expanded; and conflicts between fields be minimized. Should the Commission approve the plans, the design should be completed in August. Commissioner Taft suggested additional basketball courts be installed in the hard area, rather than parking,-to make • more efficient use of the facility. Mark Deven answered questions regarding the new gym flooring funding, maintenance, etc. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 9 City Council Chambers 7 p.m. INDEX , Commissioner Grant made several suggestions, such as in- corporating the ability to have a grass fnfield; designatio of a site on the plan for a concession; and designation of a tot lot. He also asked for a schedule for the rest of the process. Mark Deven advised he will discuss these matters and parkin lot fighting with the School District. Motion x Commissioner Grant motioned to approve the plan as presente Ayes x x x x x x x with the Commission's suggestions 'and a review of tree planting. Unanimous. Item #16 - Proposed Amendment No. 664 Proposed Amendment Director Whitley reported the proposed amendment is a No. 664 result of the Planning Commission's review of the Open Space and Recreation Element. It makes zoning consistent • by establishing two classifications of open space which distinguish between active and passive-recreational areas. Motion x, Commissioner Taft moved to accept the amendment as proposed. Ayes x x x x x x x Unanimous. III. PUBLIC COMMENTS Dr. Jan Vandersloot, 2221 P6th Street, addressed the Commission regarding Cliff Drive Park. He discussed three issues, namely (1) Trees are dyin on the Avon Street side; (2) Flooding of Avon Street; and • ?3)'His -son broke his arm falling off-the retaining wall bordering Riverside Avenue. Concerning the trees dying, he felt the roadway into the park may have caused this and suggested Public Works be contacted to speed up restoration. Regarding the flooding problem, on June 24 the culvert that drains Avon Street creek was bulldozed and the creek over- flowed and flooded Avon Street. He asked the Commission to take a look at the site. Concerning his son's broken arm, the 42 year old climbed on top of the retaining wall made of railroad ties and • fell. He suggested the height be Powered to help prevent future accidents. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 10 City Council Chambers 7 p.m. INDEX Chair - Konwiser advised Mr.-Vandersloot that this Commission's responsibility is limited; the Avon Street project is a Public Works project and the flooding problem is the responsibility of the Public Works Department. The retaining wall, which helps prevent erosion, will be reviewed by staff. Commissioner Herberts stated that since the trees are on park property, they are under this Commission's jurisdiction. Although it is a Public Works project the problem should be investigated. Commissioner Grant agreed and asked for a response from Public Works. Director Whitley advised Public Works was given authority to build an.access road and this Department has urged them to finish the testing. Director Whitley also advised the retaining wall was put in at that particular height to provide a better erosion contro wall and to discourage children from climbing on it. The Department will look•at it again in terms of putting safety rails on it. Commissioner Springer said she would work with Commissioner Herberts to pursue resolving the road and tree issues. Jack Brooks advised his staff will investigate the tree problem, consult with the City Engineer, and report back. Concerning the retaining wall, Mr. Brooks advised that vines were planted and, when fully covered, will be a deterrent to walking on the wall. .Lowering it would require regarding an unstable slope. Peggy Clark, 415 San Bernardino, addressed the Commission on the Avon Wetlands. Ms. Clark stated the area is.a natural habitat for birds as the Eucalyptus Trees provide a natural shelter. The park is also unique since it has natural water at the Avon Creek Wetlands and she would like to see it preserved and a boardwalk installed. Marian Rayl, 426 San Bernardino, addressed the Commission regarding soil studies being done at Cliff Drive Park. She said she was told by Public-Works the studies would be completed months ago.. They are still °there =and need to be taken out or the trees will be affected. She asked that the I� hillside be restored and the soil studies completed before the trees are gone. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 11 City Council Chambers 7 p.m. INDEX Mrs.: Rayl said she felt the retaining wall should be lowered for safety and aesthetic reasons. She added that the sidewalk that winds through the park is also for those with strollers and should present no problems. Director Whitley reported'he has the Land Deed which was transmitted to Public Works. The creek is the boundary of the park; the dedicated park area ends where the creek begins. Commissioner Springer complimented the "Newport Heights Association for their involvement in the area. IV. DISCUSSIONIITEMS Item #17 - Commission Committee Reports Commission Committee Chair Konwiser bridfly reviewed the responsibilities of each committee and asked for volunteers for the next fiscal Reports year. The results were as follows: Ad Hoc Bond Issue Committee: Commissioners Springer, Taft and Grant. Capital Improvements: Konwiser as Chair; Commissioners Grant and Herberts. Street Tree: Herberts as Chair; Commissioners Brenner and Springer. Chair Konwiser suggested separate reports be presented for each Commissioner's area. Recreation Program: Vandervort as Chair and Commissioner Brenner. Oceanfront and Beach: Taft as Chair; Commissioners 'Springer and Vandervort. 'Facility Evaluation: Grant as Chair and Commissioner Taft. Commissioner Taft reported Newport Harbor High School landscaping looks good, but that West Newport along Coast Highway needs improvement. 13 CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 12 City Council Chambers 7 p.m. INDEX Jack Brooks announced the latter is being delayed until the wall is completed. Chair Konwiser advised watering the Oleanders on Bayside which are in bad shape. Commissioner Grant announced he and-Randy Kearns walked Buffalo Hills and improvements are being prioritized. He recommended working with the various youth organizations to improve the fields and perhaps closing them down for 2 -3 weeks so grass can grow and the holes filled in. Budget: Konwiser as Chair, and Commissioners Vandervort and Herberts. Chair's Report: Chair Konwiser referred to the difficulty of seeing each other due to the seating arrangement and asked the Commissioners to speak louder so all can be • heard.' Item #18 - Commission Liaison Reports Commission Liaison Friends of Oasis Liaison will be Commissioner Brenner. Reports Friends of the Theatre Arts Center Liaison will be Commissioner Herberts. Alternate-is Commissioner Taft. Item #19 - .Status of Capital Projects 'Status of Capital Director Whitley announced that henceforth when a project Projects is completed, it will'be taken off the list and the 1987 -88 items are now considered carry-over projects. Item #20 - Park and Street Tree Division Park and Street Tree Jack'Brooks answered the Commission's questions and advised Division that the Eucalyptus being cut down at Corona del Mar High School are a result of the School District's project. The Department will start improvements along the perimeter of Ensign's fields at Horace Ensign in July, and Commissioner Herberts asked to be involved i•n the process. She suggested a sign informing the public be put up stating that the trees are a result of the City's program. • Commissioner Brenner mentioned her conversation with The Irvine Company regarding their Palm Trees and monthly spraying. Jack Brooks announced he will be contacting The Irvine Company regarding•pesticides and,will bring this 1 information back to the Commission within 60 days. CITY OF NEWPORT BEACH • [5 arks, Beaches & Recreation Commission Page 13 City Council Chambers , 7 p.m INDEX Recreation Division Future Agenda Items Back Bay Regional Park Griswold Property Commissioner Herberts suggested the City apply for "Tree City USA" which*is a free program. Director Whitley will pursue the matter. Item #21 - Recreation Division Mark Deven answered questions and pointed out the Division is in its busiest period now. Item #22 - Future Agenda Items Mark Deven reported nominations for Commission Community Service Awards should have been on the July agenda but will be addressed at the August 2 meeting. Commissioner Brenner questioned the status of the China House and Director Whitley advised there has been no response from the owners. Director Whitley reported the Inspiration Point project is going to City Council soon for authorization to bid. V. SPECIAL, URGENT OR LAST MINUTE ITEMS Back Bay Regional Park Director Whitley reviewedsthe open space and ownership interests in the area. He invited the Commissioners to a presentation by the County at 2:00 P.M. on July 11 at the Council's Study Session. Commissioner Grant asked for a topo of the area. Griswold Property Director-Whitley reported residents i'n the Begonia Park area are urging the City to acquire the subject property. The property is presently being appraised, after which negotiations will begin. Options would be that the City could purchase it; Mr. Griswold could donate it; a combina- tion thereof; or use of Assessment District funding. VIII. ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission adjourned at 10:25 P.M. The agenda for this meeting was posted on July 5, 1988 at 3:10 P.M. outside the City Hall Administration Building. y / i Dottie Flo r, Seccretary INDEX Recreation Division Future Agenda Items Back Bay Regional Park Griswold Property Item No. II CITY OF NEWPORT BEACH '. Parks, Beaches and Recreation Department DATE: July 25, 1988 TO: Parks, Beaches and Recreation Commission FROM: Recreation Superintendent SUBJECT: Joint Meeting with Friends of Oasis At the Commission meeting of August 2, members of the Friends of Oasis will present the indicated items for discussion. Also present for introduction to the Commission as the new Recreation Supervisor for Older AdultsServices will be Celeste Jardine -Haug. 1. Introduction of New Officers The Friends of Oasis will present the 1988 -89 Executive Board: President, Charles McCann; 1st Vice'Presdent, Boyd Stil'lings; 2nd Vice President, Jim DeLamater; Treasurer, Matt Hall; Recording Secretary, Helen Boughton; Corresponding Secretary, Anthony Monte. • 2. Joint Capital Improvement Projects In addition to the construction of the Arts /Crafts Room at Oasis, the Friends have utilized their,own funds to purchase and install a new stereo and public address system for the multi- purpose room, new stage lighting and a new Gazebo for the turf area. The Friends plan to contribute the previously agreed.upon amount of $2q,000 to the Arts /Crafts project and will spend approximately $17,000 to equip the room for specialized art activities. 3. Long Range Planning The Long Range Planning Committee and Ms. Jardine -Haug are developing data needed to determine the needs for future bui'I,ding expansion. A key item under development at this time is.a survey of Friends!. members requesting the kinds of services desired. The Commission will receive the results of all research performed in preparation of a request for the 1989 -90 Capital Improvement budget. 4. Special Events The Friends will' discuss Special Events, especially Founders Day, pro- duced during the past year. M k Deven Item No. 5. . C•ITY OF NEWPORT BEACH e)p Parks, Beaches and Recreation Department DATE: June 28, 1988 /'`7 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and.Recreation Director SUBJECT: BOLSX AVENUE PARK PROPOSAL 0 A response to the proposal to vacate Bolsa Avenue between Clay and Broad Streets for park purposes has been reviewed by the City Engineer. A copy of this report is attached for Commission information. Due to-the fact that properties on both sides of Bolsa Avenue are privately owned and not available for purchase, staff is recommending that a park not be pursued- for this area. Interested parties will be notified of the Commission deliberation on this matter to gain community input. (I I June 9, 1988 TO: Ron Whittley Parks, Beaches, and Recreation Director FROM: Don Webb SUBJECT: Vacation of Bolsa Avenue for Park purposes The proposal to vacate Bolsa Avenue between Clay and Broad Streets has been reviewed. In general streets are dedicated for the purpose of conveying vehicular and pedestrian traffic. If that use is discontinued and the street is vacated by the City, the property reverts to the adjoining property owner. In Plan's A and B the City would have to buy the adjoining parcels before the vacation of the street. In Plan C the southerly one -half of the street would revert to the adjoining property owner when it ceases to be used as a street and the City would have to purchase the parcel if it is to be used as a park. In Plan D the street would revert to the adjoining property owners and have to be purchased if it was to be used as a park. To further complicate matters, there is an existing water line in the southerly side of Bolsa Avenue. Unless this line is removed and rerouted, an easement to operate, maintain and reconstruct the water line must be kept by the City. To vacate a public street, the City Council must hold a public hearing and take testimony concerning the present and future need of the street for public street purposes. At the close of the hearing the City Council would have to make a finding that there'is no present or future public need for the street to serve vehicular and related uses. While Bolsa Avenue is not a major thoroughfare, it is a part of the local circulation system. Anytime one element of the system is closed off it will divert traffic onto other streets in the area. The system today seems to be working quite well and there does not appear to be a need for a change. The Public Works Department (Dn ar urposes. ebb City Engineer a DW:so recommends, that the street not be vacated and used I s_ 0 o_ I tZ� D cl ' i g t: wee s �;v Tiy v v P dxyLev fie, �zc Iiy °aGPa ut- ddj Aep c/ ✓� _C© OAS AAIO axp 4 (JZch vo 4,&& OlcP S4,oeo�z� cwt ,r/a? Karen Smith C, 71 3309 Clay St. N.B. 92663 0 Proposed West Newport Heights Park Plan A Buying parcels 1,2,3 and including portion of Bolsa•Ave. 30,552 sq. ft. of park approx. land cost for city $600,000. Plan B Buying a portion of parcel 2, all of parcel 1 and including portion of Bolsa Ave. 20,552 sq. ft. of park approx. land cost for city $300,000. Plan C . Buying parcel 1 and including portion of Bolsa Ave. 14,652 sq. ft. of park approx. land cost for city $150,000. Plan D Elimination of portion of Bolsa Ave. 8,352 sq ft. of park land cost for city - 0 - The above plans are referenced on the drawings posted for West Newport Heights Park If the commission would like to know the names of the parties that currently own parcel 1, and the party that is currently in escrow for parcel 2, we can provide this information. -�1 �� • � ,sv, 1, Shari S. Rooks 3308 Clay Streets Newport Beach., CA 92663 J.ULI 'S X888 June 29, 1988' Members of the Newport Beach City Council 3300 Newport Blvd. Newport Beach, CA 92663 Dear Councilmembers, This letter is to request that you consider funding a passive park in the West Newport Heights neighborhood, perhaps by considering funds that have, been paid for park fees by development in our immediate area, and perhaps by allocations from the budget of the Parks and Recreation Department and if all -else fails, perhaps by including the request for a passive park i•n the upcoming park bond issue discussions and allocations. • A group of dedicated neighbors and property owners have already begun the process of trying to get a passive ,park in our area. We have a specific site in mind, and we have been through one Parks and Recreation Commission Hearing already. We have been working with Ron Whitley and the Public Works department, but as you know, things like, our request just don't get handled overnight! We are more than willing to follow the necessary steps to see our little park dream come to fruition, and I am writing ! this letter at this point in our journey through the red tape - simply to put the thought in your minds. I'm hoping that you will take the time to look at the map of our little end of the heights and realize that we would benefit from a small park. The neighbors are willing to help with fund raising if necessary and we already have a volunteer architect in our midst to design it and offers from neighbors to even provide the manpower to landscape and plant trees -! We would be more than willing to contribute our resources in any we can," if it turns out that we can indeed have our park approved. Apparently, we still have to wait to hear from the Public works -department and attend another Parks and Recreation Commission Meeting, but we are on the way and would appreciate it if the cquncilmembers would keep a small park in our area in their mind - and better yet - on their list of parks they decide to create when the Bond Issue is being discussed. • ��Thank You! Shari ,S. Rooks +J ai o a,s Item No. 6 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department DATE: June 25, 1988 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: WEST -BAY REGIONAL PARK Recommendations: 1. Adopt the boundaries and conceptual improvement plan as presented by the County of Orange. 2. Deed to the County of Orange, with the existing Tideland designation, the 6± acre City owned parcel known as Westbay parkssite. 3. Request the County of Orange to deed to the City of Newport Beach their interest in North Star Beach which is co -owned With the City. 4. Pursue the - development of a blufftop watering ordinance which will protect slopes and bluffs from erosion. • Discussion: • The attached material will bring the Commission up to.date on the proposed regional park as identified in the County of Orange Master Plan of Regional Parks. The Back Bay is an important natural, resource located in this community. With several public agencies, i.e., State of California Department of Fish and Game, County of Orange,Department of Parks, Harbors and Beaches, involved in a coordinating effort to preserve this asset, the proposed regional park furthers in a positive way the protection and development of this valuable resource. If there are questions prior to the meeting, please feel free to call. 13 Ronal'd A. Whitley z� CITY OF NEWPORT BEACH • OFFICE OF THE CITY MANAGER July 12, 1988 TO: PARKS, BEACHES & RECREATION DIRECTOR FROM: City Manager SUBJECT: WEST'BAY REGIONAL PARK Attached is the material that went to the City Council during the Study Session of July 11th. The City Council referred this matter to the Parks, Beaches & Recreation Commission for: 1. Review the boundaries of this proposed regional facility and the conceptual improvements. 2. Consider and recommend to the Council the manner in which the City property (approximately 6 acres) should be made available to the County for inclusion in the park. 3. Consider the practicality of imposing an excessive watering regulation on the bluffs. • With respect to X62 above, I have already given you copies of the grant deed from the Irvine Company and the Tide Plan document imposing Tideland uses on the City parcel. If this property is in any way either licensed or transferred for the benefit of the County, the Tideland designa- tion must transfer with the property. With respect to #1 above, I believe either Grace Secketa or Eric Jessen would be willing to attend a PB &R Commission meeting for the purpose of briefing the Commission. LJ Under separate cover is a large display map. While no specific time frame was given, it is currently expected that either a JPA or a license agreement or a title transfer should occur within 60 days on the City parcel. RLW:kf Attachment a4 0 ERT L. WYNN rClarence J. Turner STUDY SESSION ' (fIREE"C"'EIVED ITEM NO. 5 N2 419880" ity Manager f Nerreml BOO June 21, 1988 ���, J'i_ r; 4 i Mr. Robert Wynn, City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Reference: West Bay Regional Park Dear Mr. Wynn: You may recall that I was appointed by the city council to represent the City's interest in the West Bay Park Advisory Committee which was established by Supervisor Riley's office. The purpose of that committee is to facilitate transfer of the property generally located around the back bay from the current owner, The Irvine Company, to the County of Orange to be held in perpetuity as a regional park. I am pleased to announce that those proceedings are moving along nicely. Attached, as Exhibit A, is a draft copy of an Irrevocable Offer of Dedication by The Irvine Company to transfer the property to the County of Orange. Because the City owns approximately six (6) acres of park land in the midst of this regional park the City, for this and other reasons, has an interest in these proceedings. Our General Plan Consistency Review Program contains a request by the Irvine Company to change the subject parcel to recreational and open space. You will also note that on page 6 the City is designated as a benefiting party. I believe the general plan amendment request is in process. The City's position as a party of benefit should be reviewed because of our ownership of the 6 acre parcel. Enclosed as Exhibit B is a colored map showing the parcels which are scheduled for transfer. It also shows the parcel owned by the City of Newport Beach and the parcel which is jointly owned by the City and the County. The County of Orange is quite concerned about possible liability if they accept ownership of the bluff tops. That item has been thoroughly discussed and I believe that we now have acceptable solutions which will alleviate their justifiable apprehensions. Attached as Exhibit C is a letter from the undersigned to the city attorney outlining the County's position and requesting some relief by way of a possible bluff top ordinance. A reply from 1507 ANTIGUA WAY. NEWPORT BEACH, CA 92660 OFFICE PHONE: 751 -4420 MESSAGEPHONE:631-3947 0 C1 • • June 21, 1988 Mr. Robert Wynn Page 2 the city attorney is attached, as Exhibit D. These letters have been discussed by the committee and it has been specifically requested that the City proceed with creation of a bluff top ordinance to help prevent over watering and, thereby, hopefully prevent erosion. The Irvine Company has agreed to make their research data available to the City on this subject. The Irvine Company is also prepared to indemnify the county to some degree. A combination of these two items should be sufficient to accomplish the goal of transfer from the private sector to the public sector. As stated previously, the City owns a parcel of approximately 6 acres on the west side of the back bay and has a joint interest in another parcel with the county. Both of these parcels are within the proposed boundaries of the regional park. It seems prudent that the City should try and deal with these respective interest at the same time that the county proceeds with the more broad based regional park. Although we anticipate it will be 60 to 90 days before the actual transfer of property takes place and plans for development of the regional park have not yet been formulated (in fact, there may be considerable sentiment to leaving it in a natural state which will require no development), it is not too early for the City to start thinking about what we would like to see on our parcels. I would suggest the council may wish to forward this to Parks, Beaches and Recreation for an analysis and some suggestions. In the interim, I would think the following alternates should be considered: A. The City may wish to transfer its entire interest to the County. B. The City parcel could be operated by the county by way of a joint powers agreement with the County being the lead agency. C. The City could elect to develop our own parcels without considering county action. D. The parcels could be left in an "as is" condition. If possible, I would like to see this placed on the study session during the first meeting in July. If it is, the County is prepared to come before the City and make a presentation which will reflect the County's interest and desires for the property. Please coordinate with Ms Courtney wiercioch of Supervisor Riley's office, so that she can have arepresentative present. 6eae (E� Sc c k eT A4 & ( L � - If of Z I June 21, 1988 Mr. Robert Wynn Page 3 • it • • Please advise if you have any questions. Sin rely, �ia a ' , 'Turner sport Beach City Councilman CJT /mn Enclosure 1,1 3 1 EXHIBIT A 0 Recording requested by and ) when recorded mail to: ) • The County of Orange ) Clerk of the Board ) 10 Civic Center Plaza ) (� P.O. Box 687 Santa Ana, CA 92702 ) (Space above for Recorder's use FREE RECORDING Portions of The City of Newport GOVERNMENT CODE SECTION 6103 Beach Number: Project Number: Project: IRREVOCABLE OFFER OF DEDICATION This Irrevocable Offer of Dedication ( "Offer ") is made by The Irvine Company, a Michigan corporation ( "Offeror ") in favor of the County of Orange, a political subdivision of the State of 1P California (the "County "). Offeror and the County shall be referred to collectively within this Offer as the "Parties." R E C I T A L S A. The real property owned in fee title by Offeror which is depicted on Exhibit "A" and described on Exhibit "B" (the "Property ") offers significant open space and scenic values to the community. B. The Property includes the area designated as the • "Westbay Parcel" and the areas designated as the "Bluff Parcels" on Exhibit "A." C. At the request of Offeror, the City of Newport Beach • (the "City ") has initiated a general plan amendment to redesignate 061088 -5 -1- 188803 -01 4( the Westbay Parcel from low density residential to recreational and environmental open space. • D. The terms and conditions of this dedication and the permitted uses for the Property have been recommended by the Westbay Park Advisory Committee, a committee created by the Board of Supervisors of the County for the purpose of determining the boundaries, timing, and terms of Offeror's dedication of the Property. E. Offeror, the City, or the State of California (the "State ") own fee title to the real property depicted on Exhibit "C" (the "Benefited Property "). The Parties intend that the Benefited Property will benefit from the restriction of use of the Property to those uses set forth in Paragraph 3a below. These benefits relate to open space, aesthetics, recreation, scenery, solitude, relaxation, and relief from use impacts on other recreational sites in the area. is • OFFER Offeror irrevocably offers to dedicate the Property to the County, in fee, subject to the following terms and conditions: 1. DEFINITIONS. The following definitions apply to to the terms used within this Offer: a. Any reference to acceptance (or any context of accept) of this Offer refers to acceptance by the Board of Supervisors of the offer of dedication represented by -11 061088 -5 -2- 188803 -01 s ......... ............................... • • b. 0 • 30 this document (as opposed to receipt of the document), unless expressly stated otherwise. The Benefited Property refers to the property owned by Offeror, City and /or State and described in Exhibit "C". Offeror's Benefited Property refers to that portion of the Benefited Property owned by Offeror on the Signing Date. The State "s Benefited Property refers to that portion of the Benefited Property owned by the State on the Signing Date. The City's Benefited' Proms refers to that portion of the Benfited Property owned by the City on the Signing Date. C. The Bluffs Agreement refers to the "Bluffs Maintenance and Indemnification Agreement" attached as Exhibit "E." d. The Bluff Parcels refers to the two areas - identified as "Bluff Parcels" on Exhibit "A." e. The Board of Supervisors refers to the Board of Supervisors of the County of Orange. f. The City refers to the City of Newport Beach, California. g. The county refers to the County of Orange, a political subdivision of the State of California. 061088 -5 -3- :::, , n • t • h. A County Breach refers to any breach, violation, or other noncompliance by the County with one or more of the Covenants. i. The Covenants refers to the Covenants to which the conveyance of the Property to the County is subject and which are set forth in Paragraph 3 below. A Covenant refers to any one of the Covenants. j. Exhibit refers to an exhibit to this offer as listed in Paragraph 13 below. All Exhibits are incorporated by reference within this`'Offer. k. Improvement Plans refers to those plans of improvement required by Covenant 4. Improvement Plans does not include the conceptual site conservation and development plan required by Covenant 3. 1. The use of any context or derivation of the word include means "including, but not limited to." M. An Interest Holder refers to the County and any person or entity which acquires any right, title, or interest • n. 31 061088 -5 in or to all of any portion of the Property. offer refers to this "Irrevocable Offer of Dedication." -4- • • • L o. Offeror refers to The Irvine Company, a Michigan corporation. Offeror includes all "Successors," as defined in Paragraph lu below. p. Permitted Uses refers to those uses of the Property set forth in Paragraph 3a, Covenant it below. q. The Property refers to the area depicted on Exhibit "A" as the "Property" and described in Exhibit "B." To the extent that any inconsistency exists between Exhibits "A" and "B," the description within Exhibit "B" shall control. r. The Reserved Easements refers to the various easements reserved by Offeror in Paragraph 2d below. S. The Signing Date refers to the date set forth in Paragraph 15 below. t. The State refers to the State of California and any division, agency, service, commission, or department of the State of California. U. A Successor refers to: 3 5' 5 i:: -5- AMMMMKMI L • so • F- I L 33 (i) any person or entity which acquires ten percent (10% or more of the assets of Offeror (an "Asset Successor "); (ii) any division, subsidiary, or other entity substantially related to either Offeror or an Asset Successor; (iii) any purchaser of: (aa) substantially all of Offeror's remaining interest in Offeror's Benefited Property at the time of the purchase; (bb) substantially all of the City's remaining interest in the City's Benefited Property at the time of the purchase; or (cc) substantially all of the State's remaining interest in the State's Benefited Property at the time of the purchase; (iv) any entity resulting from a merger with or an acquisition by or of Offeror; and (v) any person or entity owning the majority of stock or ,other ownership interest in either Offeror or an Q� 0 • • 2. 31 entity described in subparagraphs u(i) through u(iv) above. V. The Westbay Parcel refers to the area identified as the "Westbay Parcel" on Exhibit "A." COVENANT OF TITLE. Offeror covenants that the Property is, and shall remain (unless otherwise agreed by the Parties), free and clear of all liens, encumbrances, assessments, easements, leases (recorded and unrecorded), and taxes except: a. Any installment of general and special County and city taxes, if any, that is not entirely earned at the time title to or physical possession of the Property is transferred to the County, whichever first occurs, and 061088 -5 all taxes thereafter. (However, Offeror shall remain liable for payment of any earned taxes, pursuant to the provisions of sections 5084 and 5086, California Revenue and Taxation Code, as amended; ,and Offeror shall pay any earned delinquent taxes, together with penalties and interest on those taxes, and delinquent or non - delinquent assessments or bonds prior to recordation of this Offer.) -7- (O • • t • • b. The exceptions to'title set forth on Exhibit "D" and contained in the Preliminary Title Report dated and issued d. 35 by under its Order Number The covenants set forth in Paragraph 3 below. A reservation to Offeror, including the right to convey in whole or in part, of (collectively, the "Reserved Easements "): (i) Any and all oil, oil rights, minerals, mineral rights, natural gas rights, and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the Property, together with the perpetual right of drilling, mining, exploring, and operating therefor and storing in and removing the same from the Property or any other land, including the right to whipstock or directionally drill and mine from lands other than the Property, oil or gas wells, tunnels and shafts into, through or across the subsurface of the Property and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen, and _8_ 188803 -01 operate any such wells or mines; provided that the • reservation does not include the right to drill, • mine, store, explore, or operate through the surface or the upper 500 feet of the subsurface of the Property; (ii) Any and all water, solar- heated water, reclaimed water, water rights or interests in such waters or rights, whether surface or subsurface, appurtenant or relating to the Property, or owned or used by Offeror in connection with the Property, together with the right to explore, drill, redrill and remove such water from the Property, to store such water in the groundwater basin underlying the Property by percolating, spreading, or injecting water into such basin from locations on lands lying outside of the Property, and to divert or otherwise utilize such water, rights, or interests on any other property owned or leased by Offeror; provided, however, that Offeror shall not, without prior written approval of County, have any right to enter upon or use the surface of the Property in the exercise of these rights. • (iii) Nonexclusive easements in gross on, over, or under, and across the Property for the construction, installation, emplacement, maintenance, and use of • 061088 -5 -9- 188803 -01 (Z �J �J • 31 electric, gas, telephone, cable television, water, sewer, drainage facilities, or any other utilities so long as the construction and installation of such utilities or facilities does not interfere unreasonably with the Permitted Uses; e. Use of the Reserved Easement described in Paragraph 2d(iii) above is subject to the reasonable approval of County. County shall act promptly upon request for such approvals if Offeror, prior to any activity within the Property, has consulted with County as to the required activities and, if those activities involve construction of facilities, has prepared and submitted to County reasonably detailed construction plans. f. Discrepancies, conflicts of boundary lines, adverse claims, encroachments, or any other facts which a correct survey would disclose and which are not shown by public records. g. The terms of the "'Bluffs Maintenance and Indemnification Agreement" attached as Exhibit "E" (the "Bluffs Agreement "). Offeror shall provide to County a CLTA policy of title insurance issued as of the date of recordation of this Offer in the amount of $ 061088 =5 insuring County that fee -10- 188803 -01 (3 • C� • • 3S� title to the Property is vested in Offeror subject to this Offer, with a special indorsement insuring the validity and priority of this Offer. 3. COVENANTS RUNNING WITH THE LAND. If this offer is accepted, the subsequent conveyance of the Property from Offeror to County shall be subject to the covenants set forth in this paragraph (the "Covenants "). The Covenants are for the purpose of assuring the enhancement and protection of the value, desirability, and attractiveness of the Benefited Property. The Covenants shall become effective on the Signing Date, run with and burden the Property, and bind the County and any Interest Holder. Every Interest Holder shall be bound absolutely to every provision of this Offer, whether or not this Offer is referred to in the instrument by which the Interest Holder acquires an interest in the Property. The Covenants shall also constitute equitable servitudes upon the Property, as servient tenement; for the benefit of the Benefited Property, as dominant tenement. The Covenants shall benefit the Benefited Property but will be enforceable only by Offeror or a Successor as defined in Paragraph lu above. The Covenants are: a. 061088 -5 Covenant 1• Use of Property. The County shall maintain and use the Property solely for passive recreational use -11- ff-IIl� (q • • ri u • 31 by the public. "Passive recreational use" means uses which are compatible with the adjacent Upper Newport Bay Ecological Reserve, such as hiking, bicycling, picnicking and nature study (the "Permitted Uses "). No permanent structures shall be erected on the Property, except for the following uses if necessary to serve Permitted Uses: (1) parking spaces, located at grade and landscaped (Westbay Parcel only); (ii) picnic facilities (Westbay Parcel only); (iii) a landscaped ecological interpretive center within the 061098 -5 area designated for that interpretive center on Exhibit "A" (Westbay Parcel only); and (iv) nature viewing platforms. No commercial, residential, office, retail, hotel, lodging, or industrial activities of any nature shall be permitted on the Property, whether for profit or not. In addition to the enforcement rights contained in this Offer, this Covenant shall be enforced, if feasible, through a conservation easement or a covenant running with the land in favor of the State of California acting through an appropriate agency, such as the Department of -12- tS • b. C. t, :] • V 061088 -5 Fish and Game (as administrator of the Upper Newport Bay Ecological Reserve) or the Coastal Conservancy. Covenant 2: Parking. The County shall provide reasonable off - street parking to ensure that use of the Property does not generate an unreasonable parking burden on surrounding development. Covenant 3: Park Plan Approval. Before erecting any structure on the Property, the County shall prepare and submit to Offeror, for review and approval, a conceptual site conservation and development plan (the "Development Plan "), including specific locations and the maximum size of all improvements on the Property. This plan may be revised from time to time with the approval of Offeror, provided' that it remains consistent with the Permitted Uses. Covenant 4• Offeror Approval of Improvements. The County shall not construct, place, assemble, or maintain on the Property any improvement of any nature (including signs larger than sixteen square feet, exterior lighting, and landscaping) which is inconsistent with the Development Plan and without first obtaining Offeror's approval, after a minimum thirty -day review period, of the exterior design, size, color, appearance, and location of each proposed improvement -13- 188803 -01 (the "Improvement Plans "). Offeror's appiuvai w- based upon compatibility with surrounding development, whether existing, currently proposed, or proposed in the • future. • e. Covenant 5: Abandonment or Sale. The County shall neither abandon the use of the Property for the Permitted Uses nor convey the Property for consideration. f. Covenant 6• Landscape and Improvement Maintenance. The County shall maintain in good condition all landscaping and improvements placed on the Property. 4. MATTERS RELATED TO COVENANTS. a. Amendment. The Covenants may be amended by mutual agreement of the Parties. Any amendment must be recorded in the Recorder's Office, County of Orange, California. b. Term of Covenants. Unless (i) terminated pursuant to this Offer or (ii) Offeror records a declaration terminating the Covenants, the Covenants shall be binding absolutely and perpetually on County and any Property Interest isHolders. • 061088 -5 -14- 188803 -01 LjV .1 ...... ................... .. ................ . C? • C. Default and Remedies. Because of the unique nature and scope of the Benefited Property and the substantial • amount of planning, effort, expense, and time expended by Offeror in reliance upon the anticipated use of the Benefited Property, monetary damages will not provide an adequate remedy for the damage to Offeror's planning efforts and /or development resulting from a County Breach. Therefore, if a County Breach of any Covenant occurs which is not cured within thirty (30) days after written notice from Offeror to do so (or, if the County Breach cannot be fully cured within such thirty (30) day period, then upon failure of County to commence such cure within such period and thereafter to diligently socomplete such cure to Offeror's reasonable satisfac- tion), then Offeror shall be entitled to specific performance of the Covenants and to any other form of legal or equitable relief available to Offeror except monetary damages. d. Waiver. Neither a waiver by Offeror of a County Breach nor a delay or failure to enforce any of the Covenants shall: (i) Be a waiver of any earlier or later County Breach • of the same or any other provision of the • Covenants; or 061088 -5 -15- 188803 -01 21 • • oil • 13 (ii) Be implied from any inaction or omission of Offeror. Notwithstanding any other provision of law, all waivers must be express and in writing. An express waiver shall not affect a County Breach other than as specified in the express waiver. If Offeror is required to and does approve any act by the County, that approval shall not waive or render unnecessary Offeror's approval of any subsequent similar acts. 5. CONDITIONS SUBSEQUENT AND POWER OF TERMINATION. In addition to the remedies described in Paragraph 4c above, and notwithstanding anything to the contrary in this Offer, Covenants 1 and 5 above are declared to be conditions subsequent to any conveyance resulting from acceptance of this Offer. Upon a County Breach of either of these conditions subsequent, Offeror may terminate County's fee simple interest in the Property and cause that interest to revert to Offeror. This power of termination is not available as a remedy for a County Breach of any other Covenant or condition. Because this power of termination may become subject to Chapter 5, Title 50 Part 2, Division II of the California Civil Code (or similar or subsequent laws) providing for the expiration of ancient powers of termination, Offeror may do any act necessary or 'beneficial to preserving this power of termination, including the 061088 -5 -16- 188803 -01 (1 • LJ • yq recording of notices and instruments. If Offeror requests, County shall sign and, where required, acknowledge further written extensions or waivers of any law, including applicable statutes of limitation, providing for the expiration of ancient powers of termination. If Offeror exercises this power of termination and obtains fee title to all or any portion of the Property, then, within one year of obtaining fee title, Offeror shall make an offer of dedication upon the same terms and conditions as this Offer to one or both of the City or the State of California (the "State "), provided that the City or the State is ready, willing, and able to perform under the same terms and conditions as contained in this Offer. 6. TERM OF OFFER. The County shall accept this Offer within six (6) months after the Signing Date or this offer automatically shall terminate without further action by Offeror or the County. Such termination shall not be deemed a revocation, but rather a termination upon the failure of this condi- tion. Any purported acceptance of this Offer more than six (6) months after the Signing Date shall be void. Within six months afer termination of this Offer pursuant to this Paragraph 6, Offeror shall make an offer of dedication upon the same terms and conditions as this Offer to one or both of the City or the State, provided that the City or the State is -17- 18880.3 -01 0 • • to • ready, willing, and able to perform under the same terms and conditions as contained in this Offer. 7. CONDITION OF PROPERTY. The County shall accept the Property on an "as is" basis, in the condition that exists on the Signing Date. Offeror makes no representations or warranties, express or implied, concerning the condition of Property. g, FEE REQUIREMENTS. Until this Offer is accepted by the County, the Property shall be exempt from all County fee requirements so long as land uses on the Property are for open space purposes. 9. ADDITIONAL TERMS AND CONDITIONS. a. Form of Acceptance. This Offer shall be accepted and development plans pursued by resolution of County's Board of Supervisors. Upon acceptance by the County, the County shall mail or deliver a copy of its Resolution of Acceptance to Offeror and all Interest Holders at the addresses on the latest County of Orange Secured Assessment role. b. Offer Irrevocable. Unless otherwise agreed by the County, this Offer is irrevocable and shall be binding MR= TTleiloIDil Z( • C7 • q absolutely upon Offeror. Termination pursuant to the terms of this Offer shall not be deemed a revocation. c. License to Enter and Other Permits. (i) Before Acceptance of Offer. Offeror grants to the County, its agents, and assigns a license to enter the Property for purposes related to planning, engineering, and surveying from the date this Offer is recorded until this Offer is accepted, terminated, or abandoned. This grant is subject to the County giving not less than five (5) days notice to Offeror and executing an entry permit on Offeror's standard form prior to entering the Property. (ii) After Acceptance of Offer. After this Offer is accepted by County and fee ownership of the Property has been conveyed to County, County shall issue, at no cost to Offeror, such permits, including entry permits to the Property, to Offeror, its agents, and assigns, as are necessary to implement the purposes of the Reserved Easements. 10. NOTICES. All notices pertaining to this Offer shall be in writing and shall be transmitted either by personal delivery 5TWOMM -19- 188803 -01 -2,z' • • (in the same manner as the service of a summons in the State of California) or through the facilities of the United States Post Office. Personal delivery shall be deemed to have been received upon proper service and delivery by certified mail shall be deemed completed three (3) days after mailing. The addresses set forth below shall be the places where notice shall be sent, unless written notice of a change of address is given. "Offeror" The Irvine Company 550 Newport Center Drive Newport Beach, California 92660 Attention: Vice President, Resource Entitlement "The County" County of Orange GSA /Real Estate Division P.O. Box 9106 Santa Ana, California 92702 Attention: 11. CAPTIONS. The captions used in this Offer are for convenience only and have no substantive effect. 12. APPLICATION TO OFFEROR. Notwithstanding the terms of this Offer, if Offeror reacquires title to all or any portion of the Property at any time after the Property has been conveyed • to the County, the provisions of this Offer shall automatically cease and terminate as to the reacquired property, except as otherwise specifically provided within this Agreement. 061088 -5 -20- 188803 -01 W3 0 C] 01( e 13. EXHIBITS. This Offer incorporates the following exhibits: Exhibit "A" - Map of the Property Exhibit "B" - Legal Description of the Property Exhibit "C" - Legal Description of the Benefited Property Exhibit "D" - Exceptions to Title Exhibit "E" - Bluffs Maintenance and Indemnification Agreement 14. SUCCESSORS AND ASSIGNS. This Offer shall bind and inure to the benefit of all Successors and all successors and assigns of County. 15. SIGNING DATE. Offeror has signed this Offer as of the day of , 1988 (the "Signing Date "). 061088 -5 THE IRVINE COMPANY, a Michigan corporation By:_ Its: By:_ Its: -21- ZLi n U • • �9 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this , 1988, before me, the undersigned a Notary Public in and for said State, personally appeared and known to me (or proved to me on the basis of satisfactory evidence) ototbe the and corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a Resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public in and for said State 061088 -5 -22- M,2� ZS" • CEA This is to certify that • purposes of recordation adopted by the Board of acceptance is not to be manner as an acceptance document. so • r1 50 TIFICATE OF ACCEPTANCE the within document is hereby accepted for only, under authority of a Resolution Supervisors of Orange County. This construed in any way, shape, form, or of the offer embodied in the subject Dated By APPROVALS Approved as to form by Recommended for Approval: County Counsel on Environmental Management Agency By BY. Description Compared to EMA approved description dated art 061088 -5 -23- :::8 1 Z(P • LEGAL DESCRIPTION • That certain parcel of land in the County of Orange, State of California, being further described as follows: to • l J 0— Exhibit "B" Z'S .. � I I , { @.91_tl `• ji 4444 � uenlnl>, .9 � t;.� 108.45 ACRES 4.0-1.2 -]. 710- i4w3]�- / ^�``j U9 -0s 699 429 -osl -u ' r -� ' } 4a9 -ao-91 4 9401• "� "°" " -" 1 8.48 ACRES ••1440.14 }.x], � W • 1 �i / /// /111 i .4411.14 >. >a i ^�cp 1� J \ {% : 119119401 -IS Eastbluff +r II xe1.19 ab � ��• z _ Parcels •� .'i,,Il J JQQ 440.09}. r, Westbay L „9ge,_x9 uu..rF Parcels ,19- 201 -10 TILL, eta= 1TSt -- 'ue-,u4J 1 m -taro � t rP l uo-ux•]9 Newporter F .11x44 'e161, O , , North r - - -- ® ti a ° � Parcels _ ✓� 111-801-1 9 440' 2-0 Castaways �•• ••1 " I- r �I 11 , Q /( ' 1 ']2 -} Parcels - `' — Bayview - m.- — 11� o Landing Parcels i• 6! �, •'il I� � °•qq _. ,aff_.�1��� fir' -- � .,' , f }(_l� = V 991-19_ a� 99J ^t legend O N E W P C P T �.. �er ,l L,•� STATE OF CAUFMOA 1 "T CIXM Y OR ORANGE • vOW E•P •• r`- �N1�,1��tA1 ��Fl���io PTY CF NEWPORT OCACM 1r,nllliq��t i r( .^ -" JOINT OWNERSHIP CITY ANO COUNTY 53 PROPOSED BACK BAY PARK Upper Newport Bay n 1WRMECO PAW q Z FEBRUARY 24, 1988 r) • EXHIBIT C Clarence J. Turner May 19, 1988 Mr. Bob Burnham & Mr. Robert Lenard City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Reference: Bluff Top Ordinances Gentlemen: My meeting with the Back Bay Regional Park Committee has been postponed until June. However, I still need the information regarding the bluff tops. That issue is the subject of liability for whatever entity eventually owns the bluffs surrounding the back bay. The county staff has expressed some apprehension about the county taking title to these parcels. The Irvine Company apparently takes, the position that if they are going to dedicate the balance of the land around the back bay to the county, then the county or some other governmental agency should also take title to the bluffs. I am inclined to agree with the latter position but perhaps for different reasons. First and foremost, the area is to be considered as an ecological reserve. Those bluffs are certainly a part of that ecosystem and should belong to a governmental agency. The theory being that the governmental agency should have a long term life (hopefully forever) .and can thereby accept that responsibility in perpetuity as opposed to what could happen to a private corporation such as The Irvine Company. Although The Irvine Company is currently a financial giant in this area, it does not necessarily follow that it will always be in this position. There are several ways to help ease the fears of the county. The Irvine Company is investigating a means of transferring ownership of the bluffs to the county but retaining liability for anything that they may have done prior to the time of the transfer. I presume that means, and includes, possible problems as a result of defective construction practices and so forth. Another way to • lower the level of anxiety for the county is to control the amount of sprinkler water run off from those homes. Apparently, that run off does cause erosion and increases the instability of rl 1507 ANTIGUA WAY • NEWPORT BEACH, CA 92660 OFFICE PHONE: 751 -4420 MESSAGE PHONE: 631 -3947 • May 19, 1988 Mr. Burnham /Mr. Lenard • Page 2 • the slopes. That's where we fit into the picture. More specifically, is it possible for the city to enact an ordinance which will inhibit private property owners from excessive watering of their property? If such an ordinance can be drafted and made enforceable, then I believe that this action combined with the limited liability, as expressed above, will probably suffice to calm the county's apprehension. I appreciate your cooperation and suggestions. CJT /mn 5s� J. Turner Beach City Councilman 3( EXHIBIT D CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Mr. Clarence J. Turner (714) 644 -3131 May 31, 1988 1507 Antigua Way Newport Beach, CA 92660 Re: Ordinance Prohibiting Excessive Watering Dear Bus: Your letter to Bob Lenard and me regarding possible liability of the bluff tops in the. West Bay parcel was received May 24, 1988, the day I had knee surgery. Accordingly, this letter represents my gut reaction to the issues and questions you have raised. The concerns with respect to liability appear to be twofold. First, the County may be concerned that persons walking or running along the bluffs could fall, sustain injury and then sue the so public entity that owns the property. Second, there seems to be a concern that slopes along the southerly part of the West Bay parcel are, or could become, unstable, with the instability leading to failure and property damage. Liability in the first scenario is remote but the potential exists and the cost of defending each claim could be significant. Liability in the case of slope failure is probable. Liability for injuries sustained during recreational use of the bluff top would be based upon the theory the property was in a "dangerous condition." Property is in a dangerous condition if it presents a significant risk of injury when used with due care and in a manner foreseeable to the public entity. A public entity is liable for a dangerous condition if it has created the condition or knows about the condition and fails to remedy, or warn against, the condition if feasible to do so. The bluff tops could constitute a dangerous condition of property although any defect is readily apparent if the recreational use occurs during the day. Recreational use at night would not be foreseeable and a public entity would have no duty towards the user that would give rise to • liability. Assuming the property is in a dangerous condition and the other elements of liability are present, a public entity would probably escape any adverse judgment because of two immunities. First, a public entity is immune from injuries caused by the natural condition of unimproved public property. While there has been some shoring up of certain slopes in selected areas of the parcel, the area is, to my knowledge, still predominantly in a natural 5� 3,2- 3300 Newport Boulevard, Newport Beach • condition. Public entities are also immune from injuries suffered while a person is engaged in recreational activity so long as the • injury is a result of the risk that could be reasonably anticipated by the recreational user. This immunity would apply unless there were hidden potholes or similar conditions that amount to a trap of those using due care. Liability for slope failure would be more difficult for the City to defend. In 1981 the Supreme Court rejected the rule that a possessor of land has no duty to remedy a natural condition to prevent harm to property outside the premises. moreover, even the existence of expert testimony as to the incredible expense necessary to implement corrective measures will not conclusively establish that the owner of the failed property was not negligent. In my opinion the City can make it unlawful for private property owners to engage in excessive watering of their property if the prohibition would further legitimate City goals. Such a prohibition would inhibit slope failure and preserve water, two important municipal goals, and therefore could be adopted by the Council. The problems presented by such an ordinance relate to drafting a workable definition of "excessive watering" and enforcing the ordinance. The definition of "excessive watering" would probably have to be based upon hydrologic studies of the amount of watering that must occur before fluid reaches levels that could endanger the stability of the cliffs. The definition should be based on objective criteria derived from the study but easily understood by lay people. I know of no way to enforce such an ordinance other than by City staff observation of a person or system violating the ordinance. Inferences could be drawn from high -water usage in any given residence but without knowing the number of people and other personal information as to how the household is managed, water usage would not be particularly probative of excessive watering. Please advise if you want us to check with other cities and possibly water districts to determine if they have effective, enforceable means for limiting excessive watering. Very truly yours, 1AL___ • obert H. Burnham City Attorney RHB /jc cc: Robert Lenard, Planning Department S� 33 � • Yy w • BLUFFS MAINTENANCE AND INDEMNIFICATION AGREEMENT • r� .7 • Exhibit "E" Sa 3Lf NK 139U5PG 1437 .. A material condition or the grant effected ov the deed that Grantee, its successors and astirns, snarl at all t -_.__ continue tc use ine surdace at the premises for paolic parx putposes as nereina =-e r refined, ant atall not cease to use or attempt to use the surface of said premises for any purpose, other than public park. Purposes, except by and with tAe written consent and approval Of Granter, its successors Or assigns. As 'used herein, `public, mark purposes' shall, mean public perk, open space, and recreational purposes compatible vita adjacent homes as well as the ecological reserve and to exclude commercial uses, and shall include-,only the establishment anti mainte- nance of structural and landscaping improvements to the premises normally associated nth public parks and, the operation o'_ such mprovemerts by Grantee for 4he benefit of the public, The f011owin3 activiLies are. specifically not pe.^..ittad in the percel without the prior written consent c- Grantor: a. Food service,, provided however, convenience food service facilities may be �,esteblished to the extent such facilities do not occupy a 'total of one thousand (1,000) square feet in the aggregate; b. Carnival or midway -type amusement activities other than for temporary periods; 'c. Overnight camping; 1' d. Stabling of horses or livestock .except as a zoo, zoological exhibits, or zoological gardens. In'the event- that this condition is not satisfied or'there is a breach of such condition; Grantor, its successors or assigns, may either (i) reenter and, take PoP.ses- sion of the premises and, oust all persons therefrom, it being intended that the- ,£ailu.e of any such conditions to be satisfied. or the breach of any such condition shall operate as a condition subsequent and that each and all of Grantee, its successors �or• ascigns and any person acquiring interest in the premises shall be bound by and subject to such condition subsequent, or (di) seek any other remedy available at law or in equity including, without limitation, the right to seek Specific performance of or t^ en3oin the continuance of the breach of any such condition. It is specifically under- stood that any, of the foregoing remedies may be employed at the option of.'Grantor, its Successors,'= assigns; and the failure of any such remedies to be employed upon any one or more of any occurrence giving rise to such remedies shall not be ^a waiver of phe . right to employ such 'remedies upoy the continuance ;of such' occurrences or any subse- quent such occurrence. This condition, shall ant be construed to prohibit the installation, operatibn, maiote- nince, repair or removal of underground utilities, store drains, and the surface appurtenances thereto, nor shall it be constrained to prohibit the use of the premises for surface water drainage. _ 'Y"., IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be ,•,� affixed hereto; and this instrument to be executed by its oficers thereunto duly,autho- ,..>' sized. - >'I DATED _•JAnLo`Ar✓f ' Their ine'Ccmpanyy a, '1i _ ;�' `•':"':^n ^�, ',��\w 1NE Cp a ich an corporation -f•� a���k." �..g,, _ ;., _ � ?'/g � or agent ;.� ^� - `,• ,- rte,• - INCORPORATED y SEPT. 22 1976 Br L.;.' Assistant Secretary STATE or cuxeDRNYA ) A!4 CORe� )-SS COUNTY'OF ORANGE ) On JAN 141980 before me, the undersigned, a Notary Public.in and C for sal CCCe, pars ono. y appeared PTP V.REMFR. known to me to be the President, and , cvt��: L. W1C. -,- kncwn to me to be the Assistant - Secretary of the corporation that execute one within instrument, known to me to be the persons who executed the within instrument on - behalf of the corporation therein named, and acknowledced to me that such corporation executed the within instrument pursuant to its Bylaws or a Resolution of.its Board of Directors. WITNESS my hand and official seal. r C OFFICIAL SEAL, FF ;•' o i Jj CAROL L. NEQUETTE. ;fir ) t NOTARY PUBLIC • CALIFORNIA 66 y Lota. Pun 1 in PRINCIPAL OFFICE dtI -i� _ ORAI4GE COL.'NTY MY CUAIMISSION AXPIPES DEC. IC- 1983 �Z J -"City need Sea Island •�`q. ICZ /3•%20 -7A; SA109b1.2 -j 286-10Z(1-3-80) �; RESOLUTION NO. 1,0 0 4.1 A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PLACING A TRUST RESTRICTI0N UPON THE CITY OWNED PARCEL ADJACENT TO IRVINE AVENUE AND MONTE VISTA AVENUE, CONSISTENT WITH CHAPTER 74 OF STATUTES 1978 WHEREAS, the City of Newport Beach is the trustee of the Newport Beach Tidelands Trust, hereinafter "the Trust," created-- by Chapter 74 of Statutes of 1978; and ,•WHEREAS, the City of Newport Beach owns a certain parcel of real,property overlooking Upper Newport Bay, the legal description of which is attached hereto, marked Exhibit "A" and incorporated herein by this reference, hereinafter "West Bay parcel "; and - -. WHEREAS, the. City of Newport Beach desires to place the West Bay parcel into the =Trust in conformance with Chapter 74 of Statutes 1978; and - WHEREAS, the State Legislature in Chapter 74 of'Statutes 1978, hereinafter "the Act ", found and determined that the residential portions of Beacon Bay, defined in the Act as parcels A, B and C;,including the streets and beaches, being a relatively small portion of the granted tide and submerged lands were no longer required or needed for the promotion_of the Trust, with 'the exception of producing income for, the benefit of the Trust; and. WHEREAS, the lots designated in the Act as parcels A, B and C are filled and reclaimed, are no longer submerged or below the mean high tide line and are no longer needed or required for W Purposes of navigation, commerce and fisheries and are to be freed of the public Trust for navigation, commerce and fisheries, consistent with the Act; and WHEREAS, when parcels A, B and C are freed from the Trust for navigation, commerce and fisheries, they shall continue to be held by the City of Newport Beach, subject to the other 'terms and provisions, of the Act and, other laws applicable to the tide and submerged lands included in the Grant to the City of Newport Beach; and . WHEREAS, to free said parcels A, B and C from the Trust, the City of Newport Beach is required to transfer other property, to " the Trust; and WHEREAS, the City of Newport Beach desires to transfer the West Bay parcel to the Trust; and , WHEREAS, the transfer of the West Bay parcel to the Trust must be approved by, the State Lands Commission upon a determination that the transfer is appropriate, taking into consideration the size of the area affected by the termination, the Trust purposes that can'be accomplished by the transfer, and • the value of the real property transferred to the Trust; and WHEREAS, the approval of the State Zands Commission will be reflected on'a'document recorded transferring the property to the Trust; • and , WHEREAS, it has beep determined by the City Council of the City of Newport Beach that the size of the West Bay parcel, approximately six (6) acres compares favorably with the size of the•parcels to be released from the public Trust, approximately four (4) acres; and - WHEREAS, the State Lands Commission has also indicated its determination that the transfer of the West Bay parcel to the Trust is appropriate; and • WHEREAS, the City Council of the City of Newport Beach desires to transfer the West Bay parcel to the Trust, consistent with The Act, and to provide that the Trust provisions of the Act shall be imposed upon the West Bay parcel, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the transfer of Municipal property to City of Newport Beach Tidelands Trust, a copy of which document is attached hereto, marked Exhibit "B" and incorporated herein by this reference, be and it is herebyapproved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are; hereby authori. ^.ed and directed to cause said transfer of Municipal property to be executed and recorded in the office of the,Orange County Recorder.. Said execution and recordation, _however, shall not be accomplished unless and until such time as the State-Lands Commission shall, have approved the transfer of Municipal Property to the City"of Newport Beach Tideland Trust, s ^and indicated their a 9 ppxoval thereof y b executing said' document. ADOPTED .this: 'day .or "AY 11 1981. -f Mayor ATTEST: ' r City Clerk__. . 3 HRC /pr 5/11/81 S� desires to transfer the West Bay parcel to the Trust, consistent with The Act, and to provide that the Trust provisions of the Act shall be imposed upon the West Bay parcel, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the transfer of Municipal property to City of Newport Beach Tidelands Trust, a copy of which document is attached hereto, marked Exhibit "B" and incorporated herein by this reference, be and it is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are' hereby authori::ed and directed to cause said transfer of Municipal property to be executed -and recorded in the office of the Orange County Recorder.. Said execution and recordation, ,however,•shall not be accomplished unless and until such time as •the State Lands Commission shall have approved the transfer of Municipal Property to the City of Newport Beach'Tideland Trust, 7, 'ti's'"' "and indicated their approval thereof b ,i'.!: •'•;. „�•., y executing said document. ADOPTED this y .o da 'd' X981. 11 ,� 6 ,1981. . ; Mayor i ATTEST: City Clerk HRC /pr 5/11/81 0 3 3!4 i 39C�Pu 1 41, NEST BAY PARK SITE All that portion of'Blocks 4, 5 and 51,'Irvine's Subdivision, in the City of ;lewpoe': Bach, County of Orange, State of California, as per r..ap filed in Book 1, Page 88, Miscellaneous;vlaps, records of said County, described, as follows: Beginning at the southwesterly terminus of that certain c=use in thS southeasterly y- right -oF -way .line of Irvine Avenue sha,;n as North 40 38'10" East 333.39 feet on Sheet 5 of County Surveyor's ; {ap 1 -72 on file in the office of the County Sarveyor of said County; thence among sand , right -of -way line North 40 38'10" East 303.39 feet; thence South 49 22'09" East 160.00 feet to the beginning of a tangent curve concave to the north and having a radius of 260.02 feet; thence easterly along said curve through a central ,angle of 64 14'30" a - distance bf 291:52 feet; thence nontangerot to said curve South 19 °22'51" West 349 "97 f eat; •thence South 70 37'09" East 31.97 �eet to that certain course having a bearing and length. of South 53 22'27 "' llest'422.40 feet in the northerly boundary of that certain parcel of land described in deed to the State of California recorded in Book 11382,•Pkge*1876 8f.Official•Records of said County; 'thenca.along said boundary South 53 24'17" Nes't'338.26 feet; thence. North 36 35143" I -lest, 95.87 feet to a point'on a nontangent 175.00 Foot radius cure that .is concave to the northeast, a radial;to said point bears South 1.18'21" East; thence northwesterly along said last mentioned curve, through a' =.' central angle of 72611'59 ", a' distance of 220.52 feet to the beginning of a reverse curve concave to the. Southwest . and having•a radius of 175.00 feet; thence northwesterly along'said last mentioned curve, through a central angle. of'44 45'40 ", a distance-of 136.68 feet; thence North 63 51'22" blest 23.07•feet'to a point1 the southeasterly .right -of -way ..line of "said Irvine Avenue;•said point being• ri'a 725.00 foot radius curve concave-to the southeast, a'•radial to said point bears North 63 51'22" West - thence northeasterly along said last mentioned curve, through a central angle ot-14 29'32 ", a distance of 183.38 feet to the point of beginning. EXHIBIT A RECORDING REQUESTED BY THE CITY OF NEWPORT BEACH AND WHEN RECORDED RETURN TO THE CITY OF NEWPORT BEACH TRANSFER OF MUNICIPAL PROPERTY TO CITY'OP NEWPORT BEACH TIDELANDS TRUST EXHIBIT 8 WHEREAS,. the City of,Newport Beach Tidelands Trust, !v Chapter. 74, of'the'Statutes of 1978, hereinafter "the trust ", empowered the City to add real property to the trust as part'of a „procedure for releasing a relatively' -small portion of-the granted tidelands from the common-law public trust; and •WHEREAS, by this statute, the,City' is-aiithorized to make such trust-acquisitions of real property by transferring City -owned property held- in a Municipal• capacity to, the trust; and WHEREAS, the City holds.'in Its Municipal capacity a certain parcel of.rzal property overlooking-Upper.Newport Bay, hereinafter "Subject P'roperiy," which it desires to so transfer to the Trust; and. , WHEREAS„ the granting statute requires that the parcel to be'•transferred be.appropriate "in terms of its size, value and utility to the Trust; and. WHEREAS, a,study and' investigation has been undertaken of the size of the area affected-by the termination of the common Saw public Trust in coinparison to the size of the parcel to be l^ transferred to the Trust, the value of the parcel-to be transferred, and the Trust purposes that can be accomplished by such a transfer; and WHEREAS, it has been determined• that the size of the Subject Parcel, approximately six (6) acres,, compares favorably with the size of the parcel to be released from the public Trust, (4) acres; that the value requirement is met; approximately four and that the Subject Parcel, in ' Its present•condition, would further the purposes of the Trust byserving as a site for passive recteation,.an ecblogical unit for scientific study, as open space, by•enhancing the adjacent Department of Fish and Game Wildlife Preserve, and by, providing a• panoramic vista of Upper Newport Bay.for public enjoyment;,and WHEREAS, 'future development•of.the.Subject Parcel will be. in conformance , with-the term s „of the Trust; and the City :•• WHEREAS', ;on - - Council of the City -of Newport Beach approved this transfer of Municipal property .to ,the •T id elands Trust, and the State Sands Commission took the action requiiei3 by Chapter 74; Statutes of •1978 with- respect to the transfer of the Subject Property to the Trust on .• ••• - - '• , •- - - - ••NOW,.'THEREFORE, THE CITy,.in its Municipal capacity, does hereby, by. virtue of Chapter 74 of•the Statutes of 1978, transfer, convey and quitclaim to i£self in its capacity as Trustee of the Tidelands Trust,, that certain parcel, of real property situated in .the City of 'Newport Beach, County of orange,'State of California, as more particularly described in "Description of Subject Parcel” attached hereto -and by -this reference incorporated herein. G IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this day of , 1981. n CITY OF NEWPORT BEACH BY Mayor 3 - � • , - � : . -rte ``•1 , �� �a�•� (��G� NCO : " ��io�� .� �� �. \, 41 ! as j °ou iy �� ��� t 0 ' it Ana � ��--ry � - • Vv G'� •lS/ • �J Item No. 7 CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: June 25, 1988 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: PROPOSED POLICY FOR NAMING PARKS Attached is a proposed policy that will give direction when determining names of new park sites. In addition,'the policy identifieJ.a method whereby community leadens can be recognized. Also included as requested are copies of policies of cities in Orange County that have addressed this issue. i • NAMING OF CITX_PARKS The City of Newport Beach has a comprehensive program to provide park and open space to serve the leisure and recreatlion needs of residents. As it is desirable that.appropriate names be selected for future parks and naming of parks and public facilities can recognize-outstanding community leaders, the following guidelines shall serve as policy on this matter. 1. - Existing park names should not be renamed to assure identity as developed by time. 2. Suggestions for naming new parks shall be reviewed by the Parks, Beaches and Recreation Commission with a recommendation being transmitted to the City Council 'for approval. 3. Park name alternatives should be developed considering the following categories: a. Renowned citizens of the community b. Topography c. Streets bordering park is d. Theme 4. The tree lined walkway at Oasis Passive Park beginning at 5th Avenue and Marguerite in Corona del Mar should be identified as an area where the trees can be identified by bronze plaques as community leader recognition locations. • �6 Y • RESOLUTION NO. 4622 A RESOLUTION OF THE•CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING ITS POLICY FOR THE NAMING OF CITY PARKS, AND REPEALING RESOLUTION NO. 3312 WHEREAS, the city has established a vigorous program to provide suitable park and recreation areas for its residents; and It is desirable that appropriate names be selected for the city's parks, and that a policy be adopted by the City Council to accomplish this purpose, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the following policy shall be in- stituted for the naming of the city's parks: 1. That parks adjacent to schools be named the same as • the school but that the parks so named be dedicated in honor of persons who have served their community in an exceptional and distinguished manner. 2. That if an entire park or sizeable portion of a park which is not adjacent to a school is donated by an individual or family that it be named- after the donor. 3• That if the park is neither adjacent to a school nor was donated all or in part that it be named after Huntington Beach trustee presidents and /or mayors, no longer members of the City Council, the honor to be given first to those oldest who are still living; then in order by length of service on the Council. 4. That after all the mayors' names have been affixed to designated parks and additional parks are purchased by the city, that former trusteemen and /or city councilmen who did not attain the office of president or mayor have a park named in their honor beginning with the oldest still living, then in order by • length of service on the Council. 'SA : ahb 1 /19/78 1. • • lJ 5. That if, which s6ems unlikely, enough parks adjacent to schools do not exist to exhaust the list of names of past Huntington Beach mayors, then features of Huntington Central and other community'parks such as lakes, structures (other than restrooms), groves of trees, walkways, playing fields, group camp and picnic sites, gardens, play equipment areas, meadows, amphi- theaters, vistas, bridges and wildlife refuges shall be named after such mayors to honor them for their service to the city. 6. That exceptions may be included in the above list of priorities for naming parks in order to honor persons who have served their community in an exceptional and.distinguished man- ner or to emphasize environmental features of the community with the concurrence of the Recreation and Parks Commission and the City Council. Resolution No. 3312 and all other resolutions in conflict herewith are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the _5th day of June , 1976• Mayor ATTEST: APPROVED AS TO FORPQ: J,eg.; City Clerk REVIEWED AND APPROVED: �— ity Administrator 2. A� A),SPt City Attorney INITIATED AND APPROVED: 07 /Z Director, Recreati , Parks and Human Services U • E �3 Res. No. 4622 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WE•NTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and-adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the silt, day of .7 "'. , 19_-La_, by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Pattinson City Clerk and ex- officio Clerk of the City Council of the City of Huntington Beach, California ACTION OF' THE PARKS AND RECREATION COMMISSION CITY OF SAN CLEMENTE • FEBRUARY 10, 1587 A regular meeting of the Parks and Recreation Commission of the City'of San Clemente was called to order by Chairperson Wohlfarth at 7:30 p.m. at the Community Cents in the Ole Hanson Room, on Tuesday, February 10, 1387. Addressed to: San Clemente City Council _.Re: Procedure for Naming Parks The Parks and Recreation Commission discussed the recommendation regarding a procedure for naming new parks in San Clemente. Following discussion, IT WAS MOVED BY COMMISSIONER YEILDING, SECONDED BY COMMISSIONER DOHERTY FOR DISCUSSION PURPOSES, THAT THE PARKS AND RECREATION COMMISSION RECOMMEND TO THE CITY COUNCIL THE ADOPTION OF THE FOLLOWING PARK NAMING PROCEDURES: THE PROCEDURE FOR NAMING NEW PARKS •IN THE CITY SHALL INCLUDE THE FOLLOWING: . • A. The submittal of recommended park 'names for consideration to be received in writing, accompani- ed by a statement summarizing the justification, to the Parks and Recreation Commission.-. B. The Parks and Recreation Commission review of the new park name submittals at a scheduled Commis- sion meeting for the purpose of establishing a formal Commission recommendation to the City Council. C. City Council action on the final decision to name a new park from the full list of submittals received from the Parks and Recreation Commission. t - -�J • 0 D. The (criteria for park names whim may be most appropriate would include but not be limited to historical figures, national and /or - military heroes, living or deceased individuals who made significant contributions to the community, local geographic locations, neighborhoods, prominent landmarks, appropriate Spanish language designa- tions, and'/or close by schools. lc� COMMISSIONERS DOHERTY, WOHLFARTH, AND YP� �LOING VOTED YES; COMMISSIONER MITCHELL VOTED NO. THE ACTION WAS APPROVED (3- 1 -0). • • --------------- -- - -- - -- Parks & Recreation Manager Chairporson and Commissioner of the Parks and Recreation Commission - 2 - rg t - FACILITIES, EQUIPMENT AND PROPERTY POLICY NO.81 pf • NAMING OF CITY FACILITIES 1. City facilities, including buildings and parks, shall be given a name reasonably related to the heritage of the Placentia area, including, but not limited to, the following: a. Pioneer families b. Street bordering park c. Service Organizations d. Topography e. Theme f. Renowned citizens of the community 2. City Commissions, upon request of the City Council, shall submit recommended names. The City Council will take final action on the naming of all City facilities. • Manual of Policy City-of Placentia City Council' 5 /65'Amended, 1/72, 11/83 • • • Item No. 8 CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: July 25, 1988 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: COMMISSION COMMUNITY SERVICE AWARDS Recommendation: If desired, approve staff nominations for thePP.arks, Beaches and Recreation Commission Community Service Awards based on the significant contributions as summarized: Al Lehman For some time, Mr. Lehman has volunteered countless hours in.a self- imposed beach litter control program. As a beach area resident, Mr. Lehman shares the concerns of other beach residents and visitors regarding litter control. Unlike others,'his r8p,onse has been to assist City staff in litter removal. Mr. Lehman's efforts came to the Department's attention in a most unusual manner; he contacted the Park and Street Tree Division in order to purchase a hand held litter picker... Upon learning the nature of his request and verifying.his activities, the Department provided the tool free of charge. Alice Hawley For the past eight years, Mrs. Hawley has volunteered as a teacher of wood carving at Oasis, rarely missing her Tuesday, 9 A.M. - 3 P.M., program. She has also assisted with the annual Hobby Show and co- chaired the Christmas Boutique. Mrs. Hawley is also proud of the critical role she played in the development of the Arts and Crafts Room at Oasis. Working as co -chair of the design committee, many of Mrs,. Hawley's suggestions will become reality when the project is completed. Matt Hall As a veteran member of the Friends of Oasis,:.Matt Hall has served his fellow senior citizens as a Board Member since 1980. Matt has held the position of President, but is better known as the always accurate and accountable Treasurer. Mr. Hall's professional experience as a CPA provided him with the expertise to manage the Oasis funds in the best way possible. In addition to Treasurer, Mr: Hal'l has also coordinated various social activities and special events, including bridge and dance,.at the Center. His innovation and interest have resulted in financial programs which generate interest revenue to the-Friends and well attended social activities which generate enthusiasm by all who participate. -2- Jim Wood • An active businessman and resident of Corona del Mar, Mr. Wood serves the community in a variety of ways. As a member of the Corona del Mar Chamber of Commerce, Mr. Wood has coordinated various activities and special events through the Chamber. However, he is best known for his outstanding manage- ment and attention to detail which makes the Corona del Mar Scenic 5K an annual success. In seven short years,'the Scenic 5K has established ,itself as one of the premiere runs in Southern California•, attracting participants from Chicago as,well as Los Angeles and Orange Counties. Mr. Wood also serves the Newport Harbor Area Chamber of Commerce and the Sherman Library and Gardens Advisory Board. From July 1, 1974 to June 30, 1978, Mr. Wood also served as a member of the Parks, Beaches and Recreation Commission. `i ' /i 0 • • • • -�I Item No. 9 -c CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: July 25, 1988 TO: Parks, Beaches and Recreation Commission FROM': Recreation Superintendent SUBJECT: NEW RECREATION PROGRAMS - FALL, 1988 The Recreation Program Committee met on Tuesday, July 19, and reviewed the proposed new programs, classes and activities scheduled for the fall of 1988. After a complete review and discussion with staff, the committee unanimously approved the programs for inclusion in the Fail, 1988 Parks Beaches and Recreation Brochure. The attachments describe each new program in the format zhiwhich they will appear in the brochure scheduled for mailing on August 19, 1988. 7 Deven CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department A FALL'RECREATIONAL COURSES AND .SPECIAL.- EVENTS &,•.ACTIVITIES A SPECIAL. EVENTS MAUI AND SONS WHAT: First Annual SURF CLASSIC WHQ: Open to 'Amateur Surfers 19 and under. WHEN: ' September 24th & 25th and /or October 1st & 2nd. WHERE: Contest to be held on the Beach area between 53rd and 54th Streets in Newport Beach. REGISTRATION is limited to 100 contestants. Registration fee is $20 (includes a contest T -shirt specially designed by Maui and Sons). NOTE: 'Contestant registration forms will be available beginning August 22. They may be picked up at your -foal surf shop, library and at the Parks, Beaches and Recreation Department. i 1- 10LIDAY ARTS i AND CRA FTS FAIR . November 12 & 13 10:00 a.m. to 4:00 p.m. Mariners Park The City of Newport Beach, Parks, Beaches and Recreation Department in conjunction with Arts and Crafts Shows of America are presenting a Holiday Fair full of novelty ornaments, holiday decorations, grapevine wreaths, ceramics, local artists displaying their creations and more!!! Artisi"s will display their creationg for the public to view and purchase. This event is open to the public at no charge and will take place at Mariners Park, located at Dover and Irvine Avenue. If you are interested in showing your creations i in the 'fair, please contact, Parks, Beaches and Recreation Department at 644 -3151. 'Attention Class Participants!!! ' t This tournament is just for you... FALL FLING RECREATIONAL , TENNIS TOURNAMENT September 24, 25 & October 1 Events: Men's Singles Men's Doubles t Open "A" Singles Open "A" Doubles "B" Singles "B" Doubles 1 "C" Singles "C" Doubles "D" Singles "D" Doubles (Beginner'. No Tournament Experience!) Women's Singles Women's Doubles Open "A" Singles Open "A" Doubles "B" Singles "B" Doubles • -0 "C" Singles "C" Doubles "D" Singles "D" Doubles Entry Fee: $15 Singles /$20 Doubles (Includes handsome medhls and t- shirt.) $10 Singles /$15 Doubles ( "D" Category - t -shirt only.) , For more information and entry form, call 644.3151. Deadline to register is September 16thl!! CLASS #109 NEW! (\GYte(If - USC vs. CALIFORNIA & AN 0 FEE: $22 BEACH BOYS POST GAME CONCERT We are happy to announce that we have purchased 90 tickets to the USC vs. California Footbal game on Saturday, November 5.' t As part of the USC's centennial celebration, the Beach Boy "s will perform a one -hour concert immediately following the Trojan -Bear shovidown. It prdmises to be an exciting afternoon, so act now as these tickets will not last long. The $22.00 fee includes concert, reserved seating, transportation, and refreshmen ;afterwards. Buses will be deluxe charter coach. Departure time is 1;30 p.m, sharp from the Mariners Part( parking tot, 2005 Dover Dr. (corner of Dover Dr. & Irvine Blvd.) CLASS #270 A DAY AT CATALINA FEE: $20 Adults- $14 12 & under The City of Newport Beach Parks, Beaches'erid Recreation Department in conjunction with the Balboa Pavilion Company and Catalina Passenger Service are proud to announce an excursion to Catalina Island on their new Catalina Flyer boat. DATE: Saturday, October 15 DEADLINETO )I;:Lit':ifd•.. y' REGISTER: October 1 CHECK- IN: 8:30 a.m. (Depart at 9:00 a.m. ARRIVAL: 10:30 a.m. '14 RERURN: To Newport Beach at 6:00 p.m. j REFUND POLICY: Refunds must be requested no later than October 1. CLASS #271 NEVI "SANTA CLAUS LANE PARADE" FEE: $30 November 27 ;, ,;,r,: ; NEW!!! COPPERPLATE CALLIGRAPHY I FEE: $40 or (I -Week Workshop) $75 for Both Workshops October � )�AV Does not include supplies Min. 8 /Max. 25 The term "Copperplate" has its origin from the writing masters of t�h and 17th centuries. The "scribes" would pen their works, t ke them to an engraver. The engraver would copy all of the variations in line thickness and curves onto a sheet of copper. The engraved copper plates were then used to print the copy books, thus the term "Copper plate." "Engravers script" is another term which is still used today as the type style for formal wedding announcements and many Hallmark gSe'eting cards. The first of two workshops will be spent learning the lower case alphabet. Instructor: A. Egan Healy, professional artist and reknown calligrapher. She has designed greeting cards for numperous card companies and is thr. only Calligrapher to exhibit her work at the: Art -A -Fair Festival in Laguna Beach. A lunch break will be taken i between 12:30.1:30 p.m. A supply list is available at the Recreation Department. 214 Adults OR 1 & 2 ' 9:30 a.m.-4:30 p.m. Sat. NEWIII COPPERPLATE CALLIGRAPHY II FEE: $40 or ' and CHRISTMAS CARD $75 for Both Workshops WORKSHOP (1 Week Workshop) Does not include supplies November b1y Min.8 /Max. 25 The second workshop will be a continuation of Copperplate I Calligraphy I with emphasis on capital letters and numbers. Morning session will be spent practicing. Afternoon session will be spent exploring the usage of our newly found type style to create our own greeting cards and Christmas cards. A lunch break will be tA„ taken between 12:30.1:30 p.m. A supply list is available at the- Recreation Department. Instructor: A. Egan Healy, professional ' and reknown calligrapher. She has designed greeting cards f and card companies and is the only Calligrapher to exhibit her work at the Art -A -Fair Festival in Laguna Beach. 215 Adults OR 1 & 2 9:30 a.m.-4:30 p.m. Sat. NEWIII •POLYNESION DANCING Session "A" FEE: $60 I'L'�Yf1 �. c.!I \i•; j' Session "B" FEE: $45 Min. 8 /Max. 20 Session A: September 19- November 7 (8 week session) Session B: November 14- December 19 (6 week session) You will learn how to do the dances of Hawaii (Hula), Tahiti (Tahitian), Samoa (Samoan),a'nd New Zealand (Maori). You will also learn about the different songs and costumes from these islands. Basic steps and easy routines. Wear leotards or loose clothing. Instructors: Leiola Kamaloani- Oliver and members of the "Friends of Polynesia Dance Troupe." All members are professional dancers and perform actively throughout Orange County. 196 5.14 yrs Beg. /Int. CYC 7:00.8:00 p.m. Mon. 197 15 yrs -Adult Beg. /Int. CYC 8:00.9:00 p.m. Mon. COOKING FOR THE BEGINNER FEE: $40 Tuesday, October 25 & November 1 plus material fee and Thursday, November 10 Min. 8 /Max. 15 Discover the wonderful room called the !'Kitchen" in this introductory course of cooking. Learn the basic techniques, of preparing, cooking and serving your meals. Meal planning, a review of cooking techniques, the secrets in saving time in the kitchen,'tlre properties of many spices will also be discussed. Hand -duts and recipes will be shared with each participant. This is a *ds -on" experience course. A material fee of $25 is payable to t tructor. Instructor: Janie Arnold. 258 Adults OA- Kitchen 6:30.9:30 p.m. T/Th Iv t -� v .. • BIOLOGIST COOKBOOK FEE: $90 (Five Course - Meetings); jw I. -p +c rar. :j f) ( Plus material fee A, September 26- September 30 Min. 4 /Max. 20 B. October 17-October 21 C. November 14- November 18 �, iii j• This is a fun class to learn seafood ecology and scientific names for common delicacies. Students' will learn what parts of the crustaceans, finfish or mollusks are eaten and /or used in research. Students will discover whay they always wanted to ask about a seafood dinner. Participants will develop simple recipes for oven, microwave, skillet and wok. A material fee of $30 is payable to the instructor. Instructor: Joe W. Conner, Ph.D. 240 Adults OA-Kitchen 7:00 -9:00 p.m. M -F NEW! BEST RESTAURANTS IN ORANGE COUNTY FEE: $25 (1 Day Workshop) Min. 5 /Max. 20. October 17 , •• • I "" It's Saturday evening and you want to go out to dinner. Perhaps rk d elegant atmosphere or maybe a casual one. One thing is certain: you want a great meal. One problem: you are not sure where to dine. You take a guess and later you're disappointed. In this course you will discover: * Where to have a great meal *'Take the guess work out of fine dining * Cost cutting techniques * Brunches and Happy Hours * All types of price ranges, atmospheres and styles of cuisines. A material fee of $3 is payable to the instructor at the seminar. Note: if desired, a field trip will be arranged. Instructor: D. Gouldsmith who has studied Cookery and travelled extensively throughout the world, sampling a wide variety of cuisines. 227 Adults OA3 6:30 -8:30 p.m. Mon. NEW! IMPORT /EXPORT: DEVELOP /ADVANCE FEE: $50 YOUR CAREER (3 Day Session) Min. 4 /Max. 15 October 18, 25 & November 1 Interested in a career in Import /Export or want to advance the one you've started? Don't miss this fascinating seminar that explores a wide•rank of topics including: • Documentation & Letters of Credit • How to obtain and Export License • Tips on how to develop your own business • How international relations and cultural backgrounds can affect your business Instructor: D. Gouldsmith holds a degree in International Relations and has been involved in the export business over 12 years. 228 Adults 0p3 6:30.8:30 p.m. Mon. NEW! ` TRAVEL FUNSHOP FEE: $35 (2 Day workshop) Min. 4 /Max, 15 November 8 & 15 Going on a trip? Don't leave home without taking this seminar. You'll get more "bon" out of your voyage and more "bang" for your travel buck. You will learn: * Fascinating cost - cutting techniques * How to outline your itinerary * Tips your travel agent never tells you * How to avoid the pack attack * How to get paid for your new -found travel experience A material fee of $4 is payable to the instructor at the seminar. Note: a valuable travel /hotel index will be awarded to one attendee. Instructor: D. Gouldsmith. 226 Adults 0114' 6:30.8:30 p.m. Mon. NEW!! INTRODUCTION TO DOS FEE: $89 (Disk, Operating Systems) Min. 4 /Max. 20 September 24 (1 Day Workshop) Develop greater control over your computer operation through yo r knowledge of DOS commands. Your DOS disk holds tant commands that every computer user should know, as copying and erasing files and preparing new disks. Through DOS commands you will manage your disk storage more effectively and reduce the risk of erasing information. Course offered at New Horizons,-17900 Von Karman,-Ste. 100; Ii6ihe (714)' 261-9215.— C_.'V t , 219 Adults New - Horizons 9:00 a.m.-5:00 p.m. Sat. NEWII BEGINNING LOTUS 1 -2.3 FEE: $89 (1 Day Workshop) Min. 4 /Max. 20 October 8 Designed for the beginning spreadsheet user, this class emphasizes the understanding and use of the basic worksheet commands. You will learn to create, edit and print various spreadsheets. The class will also cover database sorting and the creation and printing of graphs. Prerequisite: DOS recommended. 222 Adults CYC 9:00 a.m.-5:00 P.M. Sat. QRVAIR BEGINNING WORDPERFECT FEE: $89 (1 Day Workshop) Min. 4 /Max. 20 November 12 Software critics rave at WordPerfect's power and capabilities. Learn how to edit, block, print and save information. Use search and replace to correct errors and special character formatting to ' customize your documents. J i / 223 Adults CYC 9:00 a.m.-5:00 p.m. Sat. W'ODUCTION TO MACINTOSH FEE: $89 (1 ay Workshop) Min. 4 /Max. 20 October 22 Begin your experience on the Macintosh with this important foundation class. The concepts presented in this class are essential to the effective use -for the computer. Course topics include the use of windows, icons, hard disk management, file backup and how to use the mouse. Several programs will be presented, including Hypercard and Finder, two powerful software tools for controlling the Macintosh "desktop." An overview of Macintosh hardware and available software, including MacWrite, MacPaint, and MacDraw will also be featured. 225 Adults CYC 9:00 a.m.-5:00 p.m. Sat. CRAFTS NEWT HANDPAINTING T- SHIRTS FEE: $40 Session A: September 26 & 27 Min. 8 /Max. 20 Session B: October 15 Learn how to create unique designs by using stencil, handpainting and water color techniques. Then master how to sell them to local clothing stores and vendors. Each student will be provided with two T- Shirts, three colors of fabric paint and a paintbrush. Please bring pencil and paper to class. Instructor: Tina Katz. 230 Adults CVC 7:00-9:00 p.m. M/W 231 Adults i Y�. 9:00 -1:OO P.M. Sat. HOLIDAY SILK FLORAL FEE: $20 ARRANGING WORKSHOP Plus material fee (1 Day Workshop) Min. 8 /Max. 15 November 6 Create a vivid and beautiful Thanksgiving and Holiday arrange- ments by using silk Flowers and other greeneries. In this one day workshop you will take home two finished holiday projects to enhance your homeand guests. A material fee of $20 is payable to the instructor. Instructor :Janie- Arnold'r r•nit.- :•,- 234 Adults •OA3•f.fA 7:00- 9:ODp.m. Wed. COUNTRY AND HOLIDAY CRAFTS FEE: $24 (4 Week Session) Min. 4 /Max. 12 November 15- December 6 Come and discover the techniques used to cree,te a variety of country and kitchen crafts, Christmas ornaments and a whole' lot morel In these classes, you will learn to decorate wooden gates, baskets, wreaths using creative twist" and holiday ornaments. There is no stopping your creativity. Please bring to class a pair of scissors. A material fee of $20 is•payable to the instructor at the first class meeting. 224 Adults Cliff Dr. Park 7:00.8:30 p.m. Tu NEWII! BOW MAKING WORKSHOP FEE: $8 (1 Day Workshop) Plus material fee November 9 Min. 4 /Max. 12 i Learn the basic skills of creating fabulous bows which will enhance any craft, floral arrangement, wreath or gift wrapped present. Please bring to class a pair of scissors. A material fee of $5 is payable to the instructor. : 235 Adults Cliff Dr. Park 7:00.8:30 p.m. Wed. NEWI!1 CHRISTMAS ORNAMENT WORKSHOP FEE: $12 (1 Day Workshop) Plus material fee December 13 Min. 4 /Max. 12 Create colorful and unique ornaments for your holiday tree! Learn how to decorate potpourri sachets, wooden sleighs and sleds by using wooden minatures;, Christmas ribbon. and cheer. Please bring to class a pair of scissors. A material fee of $6 is payable to the instructor. 236 Adults Cliff Dr. Park 7:00 -9:00 p.m. Tu. r �2I PIV �k!``� y NEW!!! NEWH! NEWH! NEW.!!! NEW!!! BIRTHDAY PARTY PACKAGE Our Birthday Party Package is now available!!! Allow us to coordinate a fun filled birthday celebration for your child and his/her friends. The staff will organize and create a fun and exciting birthday party for your child. Your party will include: a party theme (many themes are available), a pinata, decorations, treasure hunt, face painting and more! We will also use Gymnastics /Movement education equipment - hula hoops, balls, parachute play; music and rhythm instruments. The cost of this Birthday Party Package is $150 for 12 children. (This fee includes: all set up, decorations, games, staff & clean up.) An • additional fee of $10 per child will be charged for more than 12 children. nen -YSw, X (A $50.00 nonrefundable deposit is required.) • 0 Reservations must be made at least two weeks prior to the date of the party and are on a first come first serve basis. Schedule your child's party between 11:00 a.m. - 4:00 p.m, on any Saturday at the Lincoln Gymnasium. Parties are for ages 2 through 12 years of age and are 1 ' -z hours long. For more information call 644 -3151 and ask for Kim. This program is offered through the Recreation Department and staffed by Gymnastics specialist, Cheryl Skidmore and staff. 4 .0 0 I r 'h • HOW TO START A SUCCESSFUL BED AND BREAKFAST FEE: $40 October 8 Min. 8/ Max. 30 Turn your unused bedroom (s) into extra cash and make friends from all over the world! This comprehensive workshop provides you with the essentia -1 information you need to start your own successful bed and breakfast. Here's what you will learn: What it takes to be a B & B host; How to get repeat bookings; Determining your rates; Making your guest feel at home; Promoting yourself; Home Security; Menu suggestions and food presentation. This seminar will include numerous handouts and recipes. Instructor•: Brooke Moeller. �I C Adults CYC y:OU d.m..- I:00 P.M. sat. • n U LJ Program Al: For 1st Graders Program A2: For 2nd and 3rd Graders These exceptionally stimulating programs help children develop a lifelong love of reading and good comprehension. Program A2 builds fluency while developing the reading habits that create a strong vocabu- lary. Program Al gives children the preparation they need to make learn- ing how to read successful and enjoy- able. We get children started on independent reading with some of the best contemporary and classic children's literature. Parents of children in both courses receivea free copy of Taking Books to Heart: How to Develop a Love of Reading in Your Child, the new nationwide bestseller written by the president of the organization teaching these programs. Vrc. �tqp Program IA: For 4th -6th Graders Program 1B: For 7th -10th Graders These programs have two'main goals. First, we teach a mastery lev- el of reading skill through develop- ment of advanced comprehension, concentration, recall, speed, and study skills. Our average student im- proves his reading comprehension from one to two grade levels while more than doubling reading speed. Our second goal is to instill and reinforce a love of reading and the lifelong habit of reading for pleasure. At the end of the course, parents receive a detailed Skill Evaluation Report and specific recommenda- tions and guidance regarding the continuing development of their chil- dren's reading skills. &J.,, 2Z--2" Item No. 9 -c CITY OF'NEWPORT BEACH • Parks, Beaches and Recreation Department DATE: July 25, 1988 TO: Parks, Beaches and Recreation Commission FROM: Recreation Superintendent SUBJECT: Kite Flying Restrictions At the Parks, Beaches and Recreation Commission meeting of June 7, the Commission referred the attached correspondence from George A. Rebella, Manager of John Wayne Airport, to the Recreation Program Committee. The committee met on July 19 to discuss the correspondence. Included in the discussion were members of the American Kiteflyers Association: Michael Donley, Steve Hines, Steve Kent and David Spears. Mr. Donley prepared an extensive report for the committee's review and reviewed what he considered to be its most important points. Wtth respect to the incident th Palo Alto, Mr. Donley pointed out that the circumstances involved in'the incident were uncommon and that the plane,.iwasfflying at an unusually low altitude. With respect to whether or not an Ordinance • should be enacted, Mr. Donley pointed out that a better solution would be to place a limit on the length of a line used to fly a kite. His recommendation Is 500', based on the second attachment which indicates that unde rmorm &l_ conditions 500' of line will translate into 350' of altitude. E i Mr. Donley's detailed report is available for the Commission's inspection. The committee agrees that any change in the Municipal Code regulating kite flying should restrict altitude rather than prohibit. The committee also acknowl.edgedta the A.K.A. that kite flying is an accpetable activity normally associated with recreational activities on parks and beaches. ;r Dever • May 13, 1988 V' of IlPq_ = J RECEIVED MAY1. 9198 k_�� Cfty olf NewpoeBgeach ,•�� �/ JOHN WAYNE AIRPORT 3151 AIRWAY AVENUE BUILDING K -101 COSTA MESA. CA 92626 Mr. Robert L. Wynn, City Manager Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Wynn: GEORGE A. REBELLA AIRPORT MANAGER As you may recall, a recent incident occurred in the Palo Alto area which involved a little girl's kite string becoming entangled with an airplane and pulling her aloft. As a result, CALTRANS /Division of Aeronautics has notified all public —use airport operators of the provisions of Section 21646, of the California Public Utilities Code. This law makes it a misdemeanor for any person to release or cause to be • released or flown, within five miles of any airport, any moored balloon, kite, unmanned rocket or unmanned free balloon which might be ingested by an aircraft engine or might obstruct a pilot's vision, or which could be used to suspend an object capable of endangering airborne aircraft. CALTRANS has suggested that park districts may have a particular interest in this matter; and that parks in close proximity to an airport, including 'heliports, with low overflight of aircraft, post signs as follows: "No Kite Flying, Low Flying Aircraft" CALTRANS has further suggested that public entities may also wish to consider enacting local ordinances to restrict the use of model aircraft in proximity to an airport where they may endanger the flight of aircraft; and has recommended that airport operators coordinate efforts with local park administrators and law enforcement agencies to enforce protection of airport approaches and traffic patterns. Although I am unaware of any past incident here in Orange County similar to the Palo Alto event, it may be prudent for your staff to examine this matter as CALTRANS has asked. Please contact me at your discretion, if you desire any additional information in this matter. Thank you for your continuing attention to issues that may effect aviation jointly in Orange County and the City of Newport Beach. Sincerely, George A. Rebella Airport Manager GAR:AWB :jm 00991 0 M EXHIBIT "A" zv4d i The diagram is meant to illustrate the angle effect on the measurement of kite height. It is easy to see the kite flies at a much lower altitude than the length of line would indicate. Wind speed also relates to height. s z F . Item No. 11 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department DATE: July 25, 1988 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: STATUS OF CAPITAL PROJECTS Carry Over Projects Lincoln School Athletic Facilities Final plans and specs being prepared. Oasis Classroom Under construction Channel Park Out to bid for construction • Newport Island Park Under construction 1988 -89 Projects Parks,and Recreation Fund 1. Install security lighting at the Newport Theatre Arts Center 2. Replace backstop and fencing at Grant Howald Park 3. Install field lights for the Bonita Creek Park soccer field 4. Install various'improvements to baseball fields 5. Improve surrounding hardscape at the San Joaquin Hills Park lawn bowling greens 6.' Remove and relocate West Newport basketball court 7. Park facility improvement fund 8. Resurface and restripe parking lots • 9. Construct basketball- court at Eas-tbluff Park 10. Construct 'safety mowing strips on Jamboree Road traffic median Phase I of III e1 -2- 11. Construct facilities at the Newport Harbor High Aquatic Center . 12. Install playground facility improvements at various parks 13. Install lights at San Ooaqu,in Hills Park tennis court 14. Landscape traffic medians on Irvine Avenue. i q6 Building Excise Tax Fund 1. Complete landscaping and parking lot'at Grant Howald Park 2. Replace /repair roofs at Oasis Senior Center 3. Construct North Oasis Parking Lot Item No. 12 PARK AND STREET TREE DIVISION • ,,JUUY, 1988 PROGRESS REPORT Our ,'Park Crews performed the following tasks in addition to normal maintenance during the month of July. Newport Island Park Performed demolition and preparation work for new landscaping to be done at the park. Community Youth Center Installed irrigation main line and valve wires for automatic system. Performed soil grading work in preparation of turf areas. 15th Street Park Installed telephone poles and chain with a concrete border parkway around poles. Back Bay Drive Performed maintenance work onbbike trail and shoulder road work. Bonita Creek Park • Installed soccer goals. E a West Newport Park The City's Parks Division took over maintenance of the new landscape addition and installed eight picnic tables. Jamboree Blvd. Replaced and installed new "Welcome to Newport Beach" sign which had been stolen. Our Street Tree Division performed the following: Trimmed 528 trees. Plantdd 49 trees Removed 10 trees Root pruned 42 trees. The Corona del Mar area is being trimmed this month. -2- Trees were removed at the following locations: 524 Cameo High Dr. By owner 419 Marguerite Dead 1124 Estelle Dead Polaris Pump Station Water Dept. Newport Pier Accident Newport Pier Dead Balboa Blvd. Dead 2621 Blackthorn Dead • Trees were planted at the following locations: Balboa B1Jd. 15tth Street Short St. Mariners Park West Newport Park West Newpott Park City Yard q0/� 2 Pepper 1 Palm 1 Jalalanda 1 Olive 1 Palm 2 Palms 1 Palm 1 Loquat 1, Palm 11 Palms 1 Palm 1 Pine 24 Myoporum 9 Myoporum 2 Palms ck Brooks RECREATION DIVISION JULY, 1988 PROGRESS REPORT Special Interest Activities Item No. 13 All Special Interest categories and age groups are recording solid registration. In the ,youth area, gymnastics, the volleyball camp and the Environmental Nature Center are all recording high registrations. Registration and revenue in the Nature Camp program have been tripled since last summer. Tennis classes are also well attended at all facilities. Despite the fact that the summer program was only one week old, the Department completed a rough draft of the fall schedule on July 5. The fall brochure will be mailed in mid - August. Youth Activities The annual July 4th celebration at Mariners Park kicked off a busy month for the youth activities section. Approximately 1500 people attended the event, including members of the City Council and the Parks, Beaches'and Recreation Commission•. y The event committee commenced the formal part of the.,program by observing a moment of silence in memory of area resident Vince Jorgensen. The Newport Beach Committee on the Bicentennial of the United States Constitution also displayed flags of the original 13 states as part of a commemorative tree planting. On July 9, the Grant Howald Community Youth Center was dedicated with a festive event which included balloons, carnival rides and food booths. Grant Howald received plaques presented -by Assemblyman Gil Ferguson and Commission member Clyda Brenner, and past and present City Council membersd'and,'Commission members attended the Dedication Ceremony. The summer vaeat1on.playground program has attended the Ringling Brothers Circus through registration at Mariners and Grant Howald Parks. Girls softball has continued to be well received by the over 100 girls registered on teams at five elementary school sites. Sports and Aquatics Over 5,400 participants are enrolled in activities generated by the Sports and Aquatics Section. The busy month of July will wind down to the end of the summer season for 237 softball and 47 basketball teams. The Department has bene= fitted from the completion of Bonita Creek Park as night - lighted use four nights per week has been well received by the teams. The West Newport Community Center is in escrow at this time; the gymnasium has been made available to teams from "City leagues, and the consensus is that the gym is a first class facility. Swimming, sailing and surfing classes have also increased over last summer's "to date" registration. Older Adult Services The recent resighation.of•67Rdseann Bora as Recreation Coordinator has required the Department to initiate an active recruitment State -wide. To date, over 60 applicat1on's:_haveE been received. Although July is traditionally a slow month for special events, classes and other activities are well attended and the staff is working on special projects, including the members needs assessment and the • pollldw /procedures manual. The August schedule is 'attached. �� Ma/k Deven 0 Co J� VI 'y a •r t I rtY i C E O N N r C9i ' a e 9 t� I-I Z H H W W E 0 Q m m O Z a in C9 y V eq N - ® 4 N A I- r W N 1� 3 - qqy� 3 /�aate� P� W Q C 0 CI C) O r m 4J L t� I-I Z H H W W E 0 Q m m O Z a in C9 y V eq N - p I- m 3 - qqy� 3 /�aate� Q 4J L - - N r •r C W O 3 O 7 r I N •r •r N O •A�j IG+ Ir co qbl Z t� I-I Z H H W W E 0 Q m m O Z a in C9 y V eq �� I N - p I- m 3 - J 3 — - - N N �� I N - p I- m - J 3 — �� I