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Home My WebLink About00 - Non-Agenda - HandoutsMay 14, 2019 Non -Agenda }GR � EXCKP�v The Exchange Club of Newport Harbor will host the 10' Annual V, Field o Honor cowNyr In Honor of Armed Forces Day and Memorial Day May 17 through May 27, 2019 1776 USflags lags will fly in honor of all military men and women Please join us at Castaways Park, Dover Dr. & 16th Street Dedication ceremonies at Noon on Saturday, May 18, 2019 iand at Noon on Monday, May 27, 2019 C Dedicate a flag in honor of those who protect us Flags available for X45 per honoree r5l"'100% of net proceeds will be donated to families of our service men and women, Americanism projects, and youth charities in our community. Field of Honor For more information regarding the Field of Honor program and dedications: email: ExchangeFieldofHonorgyahoo.com, phone: (949) 523-7268 visit our website at http://www.nhexchange.net For a flag dedication and donation please complete the order form below and send with your check made payable to Exchange Club Charitable Foundation to: Exchange Club of Newport Harbor P.O. Box 1022, Newport Beach, CA 92659 Donor Name Address Ci , State, Zip Email Phone ❑ Please ship to: City, State, Zi Order Quantity Price Each Total US Flag, pole and ribbon w/ label $45.00 $ Shipping $10.00 $ Additional Donation Amount $ Honoree Name, Rank and Branch of Service Total Enclosed $ Method of Payment: ❑ Cash ❑ Check ❑ Credit Card You may also order your flag and pay by credit card or Pay Pal securely through www.nhexchange.net YOU MA Y INCL UDE AN ADDITIONAL D ONA TION - IT WILL MAKE A DIFFERENCE! We encourage you to bring a photo or appropriate memento that you may attach to your dedicated flag. Dedicated flags will be available for pickup from 8 AM to 2 PM on Tuesday, May 28, 2019. ALL FLAGS MUST BE PICKED UP ON THIS DATE. ALL FLAGS NOT PICKED UP BY 2:00 PM WILL BE DONATED BACK TO THE FIELD OF HONOR. The Exchange Club of Newport Harbor is a non-profit service club. 100% of net proceeds from this event will be donated to families of our service men and women, other Americanism projects and youth charities in our community. 501c(3) ID Number: 95-4568283 All flags proudly made in the USA R. Paul Niewiarowski, 20102 Kline Drive, Newport Beach, CA 92660 714.580.3937 rpniewiarowski@yahoo.com Michelle Steel, Supervisor 2nd District, County of Orange Michelle. Steelgoc ov�com May 12, 2019 Re: Newport Beach Golf Course's Liability for Errant Golf Balls, and Resolving the Issue of Errant Golf Balls Dear Supervisor Steel, ,AlDi'1 —4 C,7-e� I. I am contactingo�garding the liability responsibilities of the Newport Beach Golf Course, lessee of the property owned and managed by the John Wayne Airport Authority. Recently, the managing company operating the Golf Course has decided that they will no longer pay 100% of damages to property caused by errant golf balls. This change of policy was discovered after an errant golf ball struck and damaged my kitchen window on April 26, 2019. As usual in such cases, we contacted the Golf Course and told them of the damage, and submitted three estimates for repairs. I was told by the new management company that they "now will only pay 50% of the cost for repairs, weather it be car window glass or house window glass." I rejected their offer to pay half the repair costs and told them I would contact the land owner to discuss their liability to pay 100% of the damages. To my knowledge, the John Wayne Airport Authority has a clause within their lease agreement that requires the management company leasing the Newport Beach golf Course (Airport Property) to carry liability insurance for errant golf ball damages and other damages that may incur as a result of their business operations. We have had numerous broken house and car windows and numerous golf ball dings to our vehicles parked in our driveway and on the street over the past 23 years, and in every case, the Newport Beach Golf Course paid 100% to repair the damages without question, until now. I am appalled that the Golf Course is now expecting me to pay half of the repair costs caused by their business operations. I am asking you to look into this matter and for you to contact your lessee regarding their responsibility to uphold their policy in place for the past 23 years to pay 100% of damages incurred by all current and future damages caused by errant golf balls; and to send me full payment for the current damages done to my window. They have the three estimates. II. Resolving the issue of errant golf balls Back in August 1999 I contacted my then Orange County Supervisor, Fifth District, Thomas W. Wilson about Newport Beach Golf Course Liability and Resolving Errant Golf Ball Issue my concern for errant golf balls and my and my family's personal safety. He responded and directed Loan Leblow, the then Intern Airport Director, to contact Newport Beach Golf Course to reconstruct the 13th tee. In a letter to me by Cynthia L. Jankowski on behalf of Loan Leblow on September 22, 1999 she stated: "Regarding property damage sustained by errant golf balls, no liability issues have changed. Complaints of damage and any related requests for reimbursement from such damage should continue to be forwarded to your contact at the Newport Beach Golf Course. Likewise, any injuries sustained from errant golf balls should be reported to the Newport Beach Golf Course. They are and continue to be, the responsible party. " The Golf Course shortened the 13th tee by 100 feet. This minor adjustment did nothing to resolve errant golf balls striking our property, as we continue to collect 30-40 golf balls on our property every month. The reason the four residential properties closest to the 13th hole CONTINUE receiving errant golf balls (and damage to their property) is because: 1. The 13th hole is TOO CLOSE to the residents, 2. The distance from the 13th tee to the 13th hole is 500 feet — the long distance causes amateur golfers to use an extreme left hook which places errant golf balls onto neighboring properties, 3. Amateur golfers are not using the proper iron when teeing off, 4. The Golf Course has removed all but one small obscure sign instructing golfers of their responsibilities for property damage caused by their errant golf balls, and instructing golfers to use the proper iron at the 13th tee, and The Management has become very lax in enforcing policies - golfers are bringing their dogs to the course, alcohol is being consumed on the greens, golfers are going shirtless and barefooted, loud obnoxious behavior, foul language, and openly urinating by our fence by a growing population of young males in their 20s. See Existing Golf Course Layout illustration next page 2 Newport Beach Golf Course Liability and Resolving Errant Golf Ball Issue Existing 18 Hole Golf Course Problem Newport Beach Golf Course & Neighboring Residential Properties on Kline Drive PROBLEM: 14 homes along Kline Drive are potentially impacted by errant golf balls, with houses 9, 10 and 11 receiving the highest impacts and or property damage by errant golf balls shot from 13th tee. The 13th hole is too close to residential properties, and the distance from tee to hole is 500' - too great a distance, despite being shortened 100' back in 1999. Original distance was 600'. 3 Newport Beach Golf Course Liability and Resolving Errant Golf Ball Issue Explore solutions to resolve errant golf balls from hitting the resident's properties near the 13th hole: There are three possible solutions to resolve errant golf balls. Option 1: The 13th hole can be subdivided into two holes, becoming the 13th and 14th tees, each being roughly 300 feet. This would reduce resulting property damage and personal injury threat from errant golf balls by 60-80%. Option 2: Move the 13th hole closer to the Delhi Channel and further south. Total length of the 13th tee would be reduced from 500 feet to 300 feet. This would reduce resulting property damage and personal injury threat from errant golf balls by 60-80%. Option 3: Eliminate the 11th, 12th and 13th tees and convert land to a public park and a commercial parking lot to be used as either Airport overflow parking or leased , such as to Flecher Jones for their Mercedes Benz and Audi dealerships. This would reduce resulting property damage and personal injury threat from errant golf balls by 99%. See Options 1-3 illustrations nextpages L! Newport Beach Golf Course Liability and Resolving Errant Golf Ball Issue Option 1 Solution - 19 Hole Golf Course Newport Beach Golf Course & Neighboring Residential Properties on Kline Drive SOLUTION: Subdivide the 13th tee 600 foot length into two tee's: the 13th tee becomes the 13th and 14th tees, each approximately 300 feet long. The potential risk of residents experiencing property and personal damage from errant golf balls is reduced by 60-80%, along with a reduced extreme left hook angle due to shorter length of tees. IMPACT TO GOLF COURSE: No negative impact to Golf Course, in fact, they gain an extra hole. 5 NeHport Beach Golf Course Liability and Resolving Errant Golf Ball Issue Option 2 Solution - 18 Hole Golf Course Newport Beach Golf Course & Neighboring Residential Properties on Kline Drive SOLUTION: Reconstruct and shorten the 13th tee length from 500 feet to 300 feet and move 13th hole south and closer to Delhi Channel. The current tee off location is maintained. The potential risk of residents experiencing property and personal damage from errant golf balls is reduced by 60-80%, along with a reduced extreme left hook angle due to shorter length of tees. IMPACT TO GOLF COURSE: No negative impact to Golf Course. 0 Newport Beach Golf Course Liability and Resolving Errant Golf Ball Issue Option 3 Solution - 15 Hole Golf Course Newport Beach Golf Course & Neighboring Residential Properties on Kline Drive SOLUTION: Eliminate the 11th, 12th and 13th tees. Construct a community park roughly the same size as the Bayview Park, and construct a 430 car commercial parking lot for Airport overflow parking or sub -lease to automotive dealer. Security fencing on all peremiters. Parking lot lighting would be located on west perimeter only, lighting parking lot and not residential homes. The potential risk of residents experiencing property and personal damage from errant golf balls is reduced by 99%. IMPACT TO GOLF COURSE: Loss of three holes. 7 NeNNTort Beach Golf Course Liability and Resolving Errant Golf Ball Issue Again, as I stated to Supervisor Wilson in 1999, I am concerned for my safety, and my family and neighbors' safety. It is only a matter of time before an errant golf ball hits someone in our residential tract. For this reason, I would like to see a long-term solution to remove the threat of errant golf balls causing property and personal damage. I wish to meet with Airport staff to discuss solutions to resolve this ongoing issue once and for all to protect everyones best interests. Sincerely, R. Paul Niewiarowski Cc: Mr. Barry A. Rondinella, A.A.E./C.A.E., Airport Director, brondinellakocair.com, Grace K. Leung, City Manager, Newport Beach,lg eung(a,newportbeachca.gov, Keith Wyrick, Director of Golf, Newport Beach Golf Course, ekwyrick@gmail.com E:1 Newport Beach Golf Course Liability and Resolving Errant Golf Ball Issue May 11, 2019 Dear City of Newport Beach: This Cure and Correct letter is to call your attention to what I believe was a substantial violation of a central provision of the Ralph M. Brown Act and Article I, Section 3 of the California Constitution. The nature of the violation is as follows: in its meeting of February 12, 2019, the Newport Beach City Council discussed and took action on item IV B in closed session although item IV B was not appropriately identified and subsequently failed to report out the actions of councilpersons as required by law. There have also been multiple items in other closed sessions that have not had required descriptions noted on the agenda or minutes. The action taken was not in compliance with the Brown Act and Article 1, Section 3 of the California Constitution because item IV B had no description of the issue to be discussed (but was described only as "conference with legal counsel anticipated/initiation of litigation, Govt Cod 54956.9d4"). In the reporting of the closed session Q1, 263 0-!£7 . Cit Attorney Aaron Harp described that for item IV B, the city was concerned about allegations raised against the Newport Aquatic Center (NAC) and that the city would be contacting the NAC board to discuss each concern. As there has been no concern that the NAC was suing the city and we know that the issues with the NAC were raised by a third party asking the city to take an administrative action, simply having that item on the closed session agenda was a violation of the Brown Act, which has very specific requirements to allow a closed session discussion. Having no description of that item (or the many other similarly unlabeled closed session agenda items in other meetings) is a violation of the Brown Act. Any action taken by the City Council made in closed session is required by the Brown Act to be reported out with the specific votes by councilpersons and it was not, another violation. The reason this is important is that it is possible that Councilman Duffield voted on item IV B (Councilwoman Brenner was specifically called out as recusing herself, but Mr. Duffield was not) and he has multiple conflicts of interest regarding the NAC. Even if a formal vote was not taken on February 12, Government Code Section 54952.6 defines "action taken" means "a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance." The Brown Act requires that these actions taken be reported at the end of closed session. I believe that it is likely that another closed session meeting later also discussed the NAC as subsequent action was taken by the council, but was not reported. Pursuant to Government Code Section 54960.1, 1 respectfully request that the Newport Beach City Council cure or correct the illegally taken action as follows: 1) Disclose all closed session meetings at which the NAC was discussed, any decisions or votes that were taken regarding the NAC and who participated in discussion/decisions and their votes. 2) All closed session items in the future be corrected labeled with identifying information per the Brown Act and the votes/decisions of councilpersons be reported as required. As provided by Section 54960.1, you have 30 days from the receipt of this demand to either cure or correct the challenged action or inform me of your decision not to do so. If you fail to cure or correct as demanded, I am entitled to seek judicial actions pursuant to Section 54960.1, in which case I would seek the award of court costs and reasonable attorney fees pursuant to Section 54960.5. Sincer Susan Skinner 2042 Port Provence Place Newport Beach, CA 92660