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HomeMy WebLinkAboutUpper Newport Bay Cooperative Planning Projectti 1 U newport bay cooperative planning project ' � � P� ��� it �I • UPPER NEWPORT BAY COOPERATIVE PLANNING PROJECT MEETING ON 14 OCTOBER 1970 Place: Mariners Library, Newport Beach Time: 3 P.M. ar_Frma A. Progress Report . . . . . . . . . . . Staff Members B. Sea Grant Program . . . . . . . . . . Mr. Dawes Attachments • • UPPER NEWPORT BAY COOPERATIVE PLANNING PROJECT Progress Report 14 Oct 1970 Agenda Item A At the meeting on 10 July, a planning schedule was established by the Project Members. The schedule was based on a requirement to have a plan available for the Corps of Engineers by April 1971 and on dates that certain supporting studies would become available. Virtually all of these studies have slipped beyond their anticipated dates. Study Flood Control City Airport Impact Traffic Circulation Originally Anticipated September 1970 October 1970 December 1970 Now Anticipated Imminent Awaiting Board of Supervisors decision relative to level of airport service. Phase I - February 1971 Phases II and III un- determined. Fish and Game Depart- Fall 1970 Completed by Fish and ment Water Quality- Game Department. Will Ecology Study be delivered to Water Quality Control Board in mid- October. For the most part, the slippage does not significantly affect the planning schedule. At this time, the City Traffic Circulation Study is giving us the most concern. The original scope has been altered to cover a larger area. The revised study provides for three phases - identification of problems; determina- tion of reasonable alternatives; and recommendations for specific solutions. It is hoped that Phase I can be available in February 1971. Completion of Phase II cannot yet be projected. Traffic circulation is, of course, a vital portion of the overall study and it is still hoped that we can have sufficient data from the consulting firm to make a significant input into the April plans. - 1 - • • The technical staff has been continuing the work on data collection and summarization. An extensive bibliography has been established and summarization has been initiated in accordance with the study outline. We are progressing well in areas of demographic trends, geology, orientation, land use, ecology and parks and rec- reation. We are somewhat behind in the other areas but not signifi- cantly so. Some of the data collected has been transferred to maps and charts and will be on display at the meeting. Representatives of the Fish and Game Department, County Health Department, The Irvine Company, and the City will be available to discuss the maps as desired by the Project Members. - 2 - 0 • UPPER NEWPORT BAY COOPERATIVE PLANNING PROJECT Proposed Sea Grant Project 14 Oct 1970 Agenda Item B At the meeting on 10 July, it was reported to the Project Members that plans can be developed by April 1971 that will meet Corps of Engineer requirements for public hearings prior to 1 July 1971. It was stated that the alternate plans would be in accor- dance with the approved objective and scope and would be based on the best information available, including studies in certain areas that were scheduled to be completed prior to April. It was further pointed out that continuing studies would be necessary in the marine related areas in order to validate or refine plans produced in April. In the absence of more refined baseline date, the Corps of Engineers would accomplish studies if the Federal Government participated in the actual development phase of the Upper Bay. Such studies by the Corps, however, would further delay development because it could not commence studies until funds were actually on hand. If the Federal Government does not financially participate in the development phase, the studies will still have to be ac- complished by some other means. It was further reported that there had been some investi- gation of other means of obtaining marine related studies but that results were unsatisfactory at that time. Since that report, staff personnel have continued to seek ways of obtaining necessary studies and it now appears that Federal Sea Grant funding is highly probable, with no present cash outlay from the participating orgainzations and agencies, if the Project Members elect to apply for a Sea Grant. The Sea Grant Program is based on Federal legislation adopted three years.ago. The purpose of the legislation was to stimulate and accelerate research into ocean and coastal marine matters. The Sea Grant Program was initially under the National Science Foundation but is in the process of moving to the National Oceanographic and Atmospheric Agency in the Department of Commerce. Sea Grants operate in two broad areas. A Sea Grant Program is designed to stimulate the development of academic programs for the education of personnel in marine - oriented fields such as oceanog- raphy or marine biology. Grants for this purpose are usually made to - 1 - • 0 colleges and universities. Sea Grant Projects, are designed to foster research and develop techniques involving specific aspects of interest - for example, management of an estuary or development of coastal ocean recreation. Grants for this purpose may be made to educational in- stitutions, non - profit organizations or public agencies, or a combina- tion of one or all organizations. sea grants are made on the basis of the Federal Government paying for two- thirds of the cost of a program or project and the applicant funding for the remaining one - third. The applicant's contribution can be in the form of funds, services, staff time or a combination of all. It is now felt that we can match our requirements for technical assistance in physical oceanography, water quality and marine ecology with Sea Grant interests in shorelines and ocean recreation, the conservation and development of estuaries and methods of solving multi- jurisdictional interests in the manage- ment of coastal areas. It is further believed that a competent study will cost a total of approximately $289,000 and require two years for completion. We have estimated that staff time and ser- vices of the participating organizations can, if acceptable to the Sea Grant Foundation, make up the $100,000, or one -third share, of the applicant. Accordingly, a specific proposal has been drafted for the consideration of the Project Members. The proposal provides for: a. A contract with the Oceanics Division of Interstate Electronics Corporation to administer a Sea Grant Project, if ap- proved. b. Interstate Electronics Corporation (IEC) is to per- form necessary hydrodynamic, oceanographic and water quality studies to support the objectives and scope of the Upper Newport Bay Co- operative Planning Project. The Oceanics Division of IEC will ac- complish this work through its inherent capabilities. The background and experience of IEC is outlined in the enclosure. C. IEC to sub - contract with the Kerckhoff Marine Laboratory of the California Institute of Technology for the basic marine ecology research studies. d. A management organization and plan that vests full control of the project in a Board of Directors consisting of the Mayor, a Supervisor and the President of the Irvine Company. Routine management will be vested in a Program Manager and a Deputy Program Manager. Mr. Richard C. Timme, General Manager of the Oceanics Divi- sion will fill one of the billets. In order to assure complete - 2 - 0 0 correlation and dialogue with the planning groups representing the Upper Newport Bay Cooperative Planning Project, the technical staff coordinator will fill the other billet. Regardless of who fills which billet, Mr. Timme and IEC will perform the necessary accounting and reporting functions required by the Office of Sea Grant Programs. A description of proposed tasks is attached. Charts showing management organization and the program approach will be displayed at the meeting on 14 October. It is important to note, however, that IEC has a two -fold function in regard to meeting the objectives of the Upper Newport Bay Cooperative Planning Project; Collect, analyze and interpret existing data and provide advice and consultation for the alternate plans to be produced by April 1971. Continue to collect data to fill informa- tion gaps and to refine existing data in order to validate plans or provide a basis for refinement of plans if necessary. It should also be pointed out that the studies proposed must necessarily include the lower bay. An additional benefit ac- crues, then, to the comprehensive shoreline planning now in initial stages by the City. A draft of the proposal was sent informally to a representa- tive of the Office of Sea Grant Programs in order to obtain the re- actions and recommendations of that Office. It is anticipated that reactions will be obtained in time for the meeting of 14 October. Should the Project Members elect to formally pursue a Sea Grant Project, it will be necessary to draw up and execute a joint powers agreement between the County, the City and The Irvine Company for formal establishment of a Board of Directors meeting the-require- ments of the Office of Sea Grant Programs. - 3 - `INTERSTATE ELECTRONICS CORPORATION OCEANICS DIVISION BACKGROUND AND EXPERIENCE i . Interstate Electronics Corporation (IEC) is a wholly owned subsidiary of the A -T -O Corporation with headquarters in Cleveland, Ohio. IEC is located in Anaheim, California with major emphasis in the areas of information handling, test equip- ment, analysis, and evaluation systems as. well as oceanographic services. The primary emphasis since 1959 has been in anti - submarine and undersea systems. IEC is a primary contractor on the Polaris - Poseidon Program responsible for all phases of testing and evaluation of the system's interface between submarine and missile. The OceanicS Division (OSD) of Interstate Electronics Corporation has been organized as a group since 1956 when at that time and up to 1964 it was known as National Marine Consultants. As a group, OSD is the oldest oceanographic firm in the country, and its experience is cabuiarized in Atcactuncnt A. The significant pro- grams pertinent to the proposed Sea Grant Program are as follows. 1. Bolinas Bay Norman T. Gilroy & Associates, an architectural and engineering consulting firm located in the San Francisco Bay area, was stymied in the development of the Bolinas Bay /Lagoon development because of tidal flushing and sand transport (littoral drift) problems at the entrance to Bolinas Bay. Mr. Gilroy asked OSD to analyze and evaluate these problems to see if it would be economically possible to develop this bay when considering the above listed problems. After careful analysis, OSD was able to show that the development of the lagoon was indeed feasible and as a result Mr. Gilroy was able to obtain money from the Corps of Engineers and the State of California to design an urban complex around the bay. INTESTATE ELECTRONICS CORPOSION OCEANICS I)WISION 2. Cojo Harbor, Department of Navigation & Ocean Development -, State of California OSD /IEC has just completed a site selection study /survey to determine the best location for the state's first small boat harbor of refuge. Site selection was based on physical characteristics, ecological and economic considerations as well as public access and small boat safety requirements. This program is currently under review by the State and the design develop- ment phase is scheduled to commence by 1 December 1970. Major emphasis was made in the study of wave and tidal characteristics as well as surfers requirements inasmuch as a prime surfing beach is located immediately adja- cent to the Government Point (Pt. Conception) area. 3. Coronado Cag Company This program was a study of the flushing characteristics and the feasibility vi .. iu........b ur "uE, �..6 a '.-..r c. ..... -.. �.. 3 d, 1Cr^.: — . r�O;or_ in the South Bay araa of San Diego Harbor. The computer model program resulted in recommending to the Coronado Cay Company what depths and widths were feasible and what could be expected under certain specified conditions,. 4, Dana Point, Koebig & Koebig, Inc. As a sub - contractor to Koebig & Koebig, Inc., OSD provided the necessary oceanographic, breakwater and marina design criteria which was the basis for the existing breakwater and marina complex. OSD also supported the hydraulic wave tank model study which verified the present design. Factors taken into consideration were harbor surging, flushing, water quality parameters, and beach erosion. 5. Newport Beach /Huntington Beach Sand Transport Study, Corps of Engineers The Corps of Engineers requested OSD to study and 'evaluate sand transportation between the Huntington Beach Pier and the Newport Harbor entrance. At the -2- i time the study was initiated, the concept was to build several off - j shore breakwaters along the coast to control beach erosion and to recirculate sand from Newport to Suz.fside. The year's study showed no evidence of 'sand entering Newport Canyon and no evidence of a closed system of sand movement.from Surfside to Newport. The study did point that the erosion was more of a local nature centering around 40th Street.. • • SEA GRANT TASK DESCRIPTION It is proposed that the following approach to produce the required objectives will be accomplished over a 2 -year investigation period of the Upper Newport Bay. 1. Review and evaluation of pertinent past and present physical, ecological, biological, geological and oceanographic data. 2. Review of the past, existing and proposed conservation and development plans for Upper Newport Bay in order to establish a general plan from which to proceed. 3. Identify the existing ecology and environ- mental conditions of Upper Newport Bay. 4. Identify the physical and dynamic parameters that are effective in Upper Newport Bay. 5. Develop a field survey monitoring program to fill the existing data gaps in critical water quality, physical, and ecological parameters and extend this to obtain per- tinent data over a year period. 6. Evaluate past, present, and newly collected data to develop trends on which to base sound judgments of the projected effects of water quality changes on the ecology and for the maintenance of ecological considerations and coexisting development. 7. Analyze development alternatives to determine types, sizes and shapes of possible conserves and management programs necessary for their maintenance. 8. Establish educational materials for professors, students, scientists, engineers and managers and a program for the best management/utiliza - tion planning of estuarine zones. 9. Produce a final report on the total project with recommendations as to how the techniques, approach and results may generally be applied to other areas. i UPPER NEWPORT BAY COOPERATIVE PLANNING PROJECT IM Distribution List A - All participants, contributors or consultants. Primarily used for matters pertaining to meetings of the Policy Group (notices of meetings, agenda packages, minutes of meetings). B - Technical Staff and technical contributors only. Drafts, information, working papers prior to approval of the Policy Group. • C Press and others interested in attending meetings of the Policy Group. Notices of Policy Group meetings only. "4 1 Z Z UPPER NEWPORT BAY COOPERATIVE PLANNING PROJECT DISTRIBUTION A NAME ADDRESS AGENCY REPRESENTING Mayor E. F. Hirth City Hall Project Chairman Councilman Carl Kymla City Hall or 700 Kings Road, N.B. City of Newport Beach Robert Wynn, City Manager City Hall City of Newport Beach Commissioner Curt E. Dosh (Plan.) 1606 Santanella Terrace, CdM City of Newport Beach Commissioner Hall Seely (PSBR) 2833 Carob, N.B. City of Newport Beach Commissioner Gordon Glass (Plan.) 2562 Waverly Drive, N.B. City of Newport Bpach Supervisor Ron Caspers 515 N. Sycamore, S.A., 92702 Orange County Henry M. Roberts, Jr. Chairman, Orange County Harbor Comm. Orange County Post Office 1 Cypress, Calif. (Ph. (714) 827 -7181) Councilman Thomas O'Keefe 2721 Via Verbena,.San Clemente Orange County Robert Thomas County Administrative Officer Orange County 515 N. Sycamore, S.A. Adrian Kuyper County Counsel Orange County 515 N. Sycamore, S.A. Ken Sampson Director of Harbors, Beaches B Parks Orange County Orange County Harbor District 1901 Bayside Drive, N.B. Jim Ballinger Orange County Harbor District Orange County (ABS) Forest S. Dickason Planning Director Orange County 211 W. 6th Street, S.A. George Osborne Orange County Flood Control District Orange County 400 Civic Center Drive, W., S.A. Richard Daily Orange County Flood Control District Orange County (AB4) ikirvia Russ Jansen Robert Stone Harland Schroth William Mason Ramond Watson Richard Reese Guy Claire Warren Roche H. J. Amos Ron Hein Ed Ehlers Doyle Gates - 2 - ADDRESS Orange County Planning Dept. 211'W. 6th Street S.A. Orange County Health Dept. 645 Ross, S.A. Orange County Health Dept. 550 Newport Center Drive Newport Beach, California 550 Newport Center Drive N.B. 550 Newport Center Drive N.B. Legal Counsel 550 Newport Center Drive N.B. 550 Newport Center Drive N.B. Transportation Agency Post office Box 2304 Los Angeles, California 90054 Dept. of Fish & Game 350 So. Magnolia Long Beach DISTRIBUTION A AGENCY REPRESENTING Orange County (A &Bj orange County (A &Bj Orange County (A &B) The Irvine Company The Irvine Company The Irvine Company (A &B) The Irvine Company The Irvine Company (A &B) State (A &B) State (A &B) Dept. of Navigation & Ocean Development State 1416 Ninth Street, Sacramento, Calif. (8 copies) Zip Code - 95814 Regional Manager, Marine Resources Region State (A &B) Dept. of Fish & Game, Long Beach 01 t DISTRIBUTION A - 3 - NAME ADDRESS AGENCY REPRESENTING Robert Montgomery Regional Manager State (A &B) Dept. of Fish & Game 350 So. Magnolia Long Beach, 90802 Robert Baker Dept. of Parks & Recreation State (A &B) 128 Plaza Street Los Angeles, 90012 (Ph. (2,13)620- 3342) Richard Bueermann Regional Water Quality Control Board State (A &B) 6848 Magnolia Avenue, Suite .14 Riverside, California 92506 John Zasadzinski Regional Water Quality Control Board State (A &B) Jack Spruill Dept. of Fish & Game State (A &B) 11735 Crystal Avenue Chino, California 91710 District Engineer Corps of Engineers FedeT41 Colonel Harry Roper Los Angeles District Post Office Box 2711 Los Angeles, California Charles M. Holt, Sr. Corps of Engineers Federal (A &B) Los Angeles District Gene Wilson U. S. Game Management Agent Federal (A &B) Post Office Box 326 Lemon Grove, California 92045 G. M. Dawes City Hall City of Newport Beach (A &E Joseph Devlin City Hall City of Newport Beach Calvin Stewart City Hall City of Newport Bgach(A &B) Ben Nolan City Hall City of Newport B6ach(A &B)I NAME Rod Gunn Bill Dye Ron Whitley Harold Ohanian Bill Merselis Richard Timme Clifton C. Miller George Zebal 0 - 4 - City Hall City Hall City Hall (PB &R) Interstate Electronics Corp. Post Office Box 3117 Anaheim, California 92803 Interstate Electronics Corp. Interstate Electronics Corp. Director of Physical Planning & Development, University of California, Irvine, 92664 (Ph. 833 -5310) Post Office Box 1822, N.S. DISTRIBUTION A AGENCY REPRESENTING City of Newport Beach(A &B; City of Newport Beach(A &B; City of Newport Beach(A &B; Additional (A &B) Additional (A &B,) Additional 16 Additional (A &B) Additional (A &B) ' a . NAME Jim Ballinger Richard Daily Russ Jansen Robert Stone Harland Schroth Richard Reese Warren Roche H. J. Amos Ron Hein Robert Montgomery Robert Baker Richard Bueermann Doyle Gates Orange County Harbor District 1901 Bayside Drive, N.B. Orange County Flood Control District 400 Civic Center Dr., W. Santa Ana Orange County Planning Dept. 211 W. 6th Street, S.A. Orange'Cqunty Health Dept. 645 Ross, S.A. Orange County Health Dept. 645 N. Ross, S.A. The Irvine Company 550 Newport Center Drive, N.B. The Irvine Company 550 Newport Center Drive, N.B. Transportation Agency Post Office Box 2304 Los Angeles, Calif. 90054 Dept. of Fish & Game 350 So. Magnolia Long Beach Regional Manager Dept. of Fish & Game 350 So. Magnolia Long Beach 90802 Dept. of Parks & Recreation. 128 Plaza Street Los Angeles, California 90012 (Ph. (213) 620 -3342) 9WRR onal Water Quality CConttrrol Board, Magnolia Ave., Svite 14, Riverside 92506 -Dept, of Fish & Game DISTRIBUTION B AGENCY REPRESENTING Orange County (A &B) Orange County(A &B) Orange County(A &B) Orange County (A &B) Orange County (A &B) The Irvine Company(,, &B) The Irvine Company(] &B) State (A &B) State (A &B) State (A &B) State (A &B) State (A &B) State (A &B I NAME John Zasadzinski Jack Spruill Charles M. Holt, Sr. Gene Wilson G. M. Dawes Calvin Stewart Ben Nolan Rod Gunn Bill Dye Harold Ohanian Bill Merselis Clifton C. Miller George Zebal 2 - 0 DISTRIBUTION B ADDRESS AGENCY REPRESENTING Regional Water Quality Control Board State (A &B) 6848 Magnolia Avenue, Suite 14 Riverside, 92506 Dept. of Fish & Game 11735 Crystal Avenue Chino, California 91710 Corps of Engineers Los Angeles District Post Office Box 2711 Los Angeles, California 90053 U. S. Game Management Agent Post Office Box 326 Lemon Grove, 92045 City Hall City Hall City Ball City Hall City Hall Interstate Electronics Corp. Post Office Box 3117 Anaheim, California 92803 Interstate Electronics Corp. Director of Physical Planning & Development, UCI, Irvine, 92664 (Ph. 833 -5310) Post Office Box 1822, N.B. State (A &B) Federal (A &B) Federal (A &B) City of Newport Beach(A &B) I City of Newport Beach(A &B) City of Newport Begch(A &B) I City of Newport Be4ch(A &B) City of Newport Begch(A &B) Additional (A &B) Additional (A &B) Additional (A &B) Additional (A &B) it NAME Supervisor R. W. Battin Urban Affairs. Mrs. G. A. Hollingsworth Jack Barnett Colonel Ted R. Gillenwaters Larry Miller M Mrs. Robert Fisher Mrs. Morris Bob Reed City Clerk ADDRESS 900 N. Broadway, S.A. UCI, Irvine, 92664 League.of Women Voters of O.C. 1790 Pitcairn Drive, Costa Mesa Newport Harbor Chamber of Commerce 2166 E. Coast Highway, CdM 1731 Port Westbourne Place, N.B. Chamber of Commerce C/O Marina Dunes 101 N. Bayside Drive, N.B. 235 Carnation, CdM (Ph. 675 -7627) 301 Avenida Cerritos, N.B. City Hall City Hall DISTRIBUTION C AGENCY REPRESENTING Additional Additional Additional Additional Additional Additional Additional Additional Additional Additional (Press -5 copies) •$ T T A C H M E N T UPPER NEWPORT BAY COOPERATIVE PLANNING PROJECT • is NAME Richard Rohrbach Joan Sunderland Mrs. H. J. Rroesche Carolyn Fisher ADDRESS Senator Dennis Carpenter's Administrative Aide 3912 Campus Drive Newport Beach, Calif. Orange County Planning Dept. 211 W. Santa Ana Blvd. Santa Ana, California 254 B Cabrillo Street Costa Mesa, California Newport Cablevision 2624 W. Coast Highway Newport Beach DISTRIBUTION & AGENCY REPRESENTING Distribution A State Distribution B 6 ¢ Orange County. Distribution C Additional Distribution C Additional CITY OF NEWPORT BEACH CALIFORNIA ma city Hsu 3300 Newport BM (714) 673.2110 June 2, 1971 The Honorable Henry M. Roberts, Jr. Chairman, Orange County Harbor Commission Post Office Box 1 Cypress, California Dear Mr. Roberts: I know that you are aware that there has been a continuing cooperative study of the future uses and conservation of Upper Newport Bay for eighteen months. This study, known as the Upper Newport Bay Cooperative Planning Project, involves the cooperative efforts of the County of Orange, the City of Newport Beach, and The Irvine Company. We are also most fortunate to have the active participation and support of the State Resources Agency and the Los Angeles District of the U. S. Corps of Engineers. At the last meeting of the Planning Project, it was concluded that an invitation be issued to you, to have your Commission repre- sented at the policy level in this forward looking and innovative endeavor. I have the honor therefore to invite you or, in the event of your unavailability, a designee of your choice, to sit as a member of the policy level of the Upper Newport Bay Cooperative Planning Project. I have enclosed two documents which will help bring you up to our current status. You will note that the Upper Newport Bay Coop- erative Planning Project is not a decision making body, but is designed to bring the decision makers together in a planning effort that can result in the best possible, viable plans for this great resource which affects us all. We plan to have another meeting of the policy level group in about mid -June to review a proposed Joint Powers Agreement and to view a number of alternative concepts being worked on by the Technical Staff. The specifics on time and place 3r MI Mr. H. M. Roberts, Jr. 6/2/71 Pg. 2 will be forwarded to you or to your designee as soon as they have been determined. I sincerely hope that your Commission will be represented at this meeting. . Very truly yours, E. F. HIRTH Mayor Project Chairman EFH /GMD /db Enclosures cc: Mr. Thomas O'Keefe Supervisor Ronald W. Caspers Mr. William Mason Mr. Ed Ehlers Mr. Rod Gunn IV CITY OF NEWPORT BEACH CALIFORNIA n"o City Hall 8800 Newport Blvd. (714) 878 -2110 June 2# 1971 The Honorable Thomas O'Keefe Chairman, Orange County Ocean & Shoreline Planning Steering Committee Old Orange County Courthouse Santa Ana, California Dear Mr. O'Keefe: I know that you are aware that there has been a continuing cooperative study of the future uses and conservation of Upper Newport Bay for eighteen months. This study, known as the Upper Newport Bay Cooperative Planning Project, involves the cooperative efforts of the County of Orange, the City of Newport Beach, and The Irvine Company. We are also most fortunate to have the active participation and support of the State Resources Agency and the Los Angeles District of the U. S. Corps of Engineers. At the last meeting of the Planning Project, it was concluded that an invitation be issued to you, to have your committee repre- sented'at the policy level in this forward looking and innovative endeavor. I have the honor therefore to invite you or, in the event of your unavailability, a designee of your choice, to sit as a member of the policy level of the Upper Newport. Bay Cooperative Planning Project. I have enclosed two documents which will help bring you up to our current status. You will note that the Upper Newport Bay Coop- erative Planning Project is not a decision making body, but is designed to bring the decision makers together in a planning effort that can result in the best possible, viable plans for this great resource which affects us all. We plan to have another meeting of the policy level group in about mid -June to review a proposed Joint Powers Agreement and to view a number of alternative concepts being worked on by the Technical Staff. The specifics on time and place � L Mr. T. O'Keefe 6/2/71 Pg. 2 will be forwarded to you or to your designee as soon as they have been determined. I sincerely hope that your committee will be represented at this meeting. Very truly yours, E. F. HIRTH Mayor Project Chairman EFH /GMD /db Enclosures cc: Mr. Henry M. Roberts, Jr. Supervisor Ronald W. Caspers Mr. William Mason Mr. Ed Ehlers Mr. Rod Gunn 4 � f April 5, 1971 nil::; "), ' -)M-lie Cbmipy 12441 Pine Street (7,ari' E Curve, (7;iIif7orn_ii 92640 71--ar 'fiss 7vji-ncv: T JT; �IICJOSir,- q Cop,, of a recent tn1l', T ,-Ivo on the :),Ick Bay issue. Tf v-;t wish 'fily furt7-v3r -1.1fomation on ally s')-cific it-is, nleaso COTInCt us. Very truly yours, E. F. IMMI Mayor EFII:pg Enclosure THE BACK BAY The future of the Newport back bay is of great importance to the people of our community and beyond. It has been discussed for days.by scientists, lawyers, students, politicians and interested citizens. I have..neither the ability nor time to cover the subject but will just express a.few thoughts about the progress of planning in this area. The position of Newport Beach relative to the back bay is not widely known. It lies completely within our boundaries so we are legally responsible to plan its use. We believe it should have a balanced use to protect and.improve the environment and allow for non- conflicting..public access and use. This line of thinking is relatively new. Over half a century ago when the State granted the tidelands in trust to the County it was quite different. At the rate we are accumulating knowledge it is logical to assume the thinking will be considerably different fifty years from now. So let us not be too hasty in concluding our present concepts are the best ultimate answer. When the State granted these tidelands to the County..it was under the conditions that the County develop them into a harbor and at no. cost to the State. It was in order to fulfill these requirements that the land exchange was designed by the County and entered into with the Irvine Company. The general desire has changed but the conditions of the grant have not. Being aware of the change in desires,.a year ago the City of Newport Beach initiated a study of the area. The purpose of the study was to develop plans for the best use of the area. In order to promote future implementation of whatever plan was produced, we asked the two landowners in the area.to, join in the study: This is the County that holds the grant on the tidelands (the land under the water) and the Irvine Company who owns the uplands. Then we asked the State and the Coast Guard to join us. All these organizations accepted and joined the study. So we have the participation of those who control the use of the:area and also have the information and capability to conduct the study. This activity has been in operation for a year with the meetings being open to the public and press. Study reveals the many factors which effect the preservation and use of the area. It is apparent that a study restricted to one popular use could later be proven as wrong as following the old concepts. The study indicates the need for more technical scientific data. For instance, bird counts were made at various locations in the area. We.need to know the requirements of the various birds. There is a special grass attractive to an important species. Experiments are being conducted on transplanting it to areas where it is lacking. Likewise, Dr. North is experimenting with transplanting kelp to improve the environments to support marine life. Some reports indicate.conditions in portions of the lower bay are more desirable for propagation of fish than the back bay. I am no scientist; I am just saying we need more information before we act. We must act to even preserve what exists. There are essentially no migratory birds here during the summer. To what extent can we have summer recreational activities without hurting the ecology? The increasing demands for use of the area are many and should be considered. - 2 - .. . In order to obtain funds for - these scientific- studies, both.the.County and the City have been talking with federal..officials...It.is. essential for the success of such applications that the City and.the County work. .jointly. Any disagreement or lack of State approval would kill any requests. , There.is consider- able interest in Washington,.although there are no funds available for several months at best. Therefore, at this time we are requesting.the staffs of the Back Bay Cooperative.Study Program to prepare_a. report on the data gathered during this last year. It is hopeful there will be some phases, where sufficient information is known to plan and initiate constructive action. It will be necessary to provide protective measures to.save the area from destruction by flood water. Perhaps we can plan such measures. .Supervisor Caspers mentioned the desirability of opening North Star Beach..for recreation., We may be in a position to take such action. At the same time we can continue our studies and development of a balanced plan for the protection, improvement and use of the entire area. MAYOR ED. HIRTH EFH:pg 3/29/71 CITY OF NLIVPORT BLkQ1 Arch 30, 1971 TO: H/, WR X4D TIDBI N AS ADIINISTRATOP, FROM: ;Mayor SUT ECT: UPPIiR BAY C0OPTMTIVL•' PLANPiItiG i'R'3P::CT In accordance with the expressed •desires of the other two members of the governing board of this project, Supervisor Ronald Caspers and Willian Mason of the Irvine Company, Ian requesting that the staff proceed with the preparation of a report. This report should cover the material which has been accumulated during the last year's study. There should be a sua;k.,r and analysis of this material with any conclusions or recommendations which it justifies. It is hoped that we will be able to have sufficient :infor;a- tion to undertake s(mic implamentation in the area while continuing to study other phases of the problem. This report should be prepared as rapidly as possible with the hope, that we could have a Yneting of tae or u zaziCn for its presen- tation and discussion early in 'Tay. ERAPii cc: Supervisor Ronald Caspers Air. Itiillirua Mason J bIC A4,y' V11AP 4- lW-1 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY CALIFORNIA March 9, 1971 S: 1 IN RE: AGREEMENT PROSECUTION SERVICES CITY OF BUENA PARK On motion of Supervisor Phillips, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement dated March 9, 1971, between the County of Orange and the City of Buena Park, for the District Attorney to provide prosecution services to the City of Buena Park, as recommended by the County Administrative Officer in his letter dated March 3, 1971. IN RE: PROPOSED REPORT PROPOSED FEASIBILITY OF ESTABLISHING A NATIONAL WILDLIFE REFUGE OR ECOLOGICAL AREA IN UPPER NEIJPORT BAY On motion of Supervisor Baker, duly seconded and unanimously carried, Supervisor Ronald W. Caspers is appointed to investigate the proposed feasibility of establishing a National Wildlife Refuse or Ecological area in Upper Newport Bay, and to present a report to the Board of Supervisors on March 23, 1971, at 10 :00 A.M., on recommended ways to proceed. IN RE: APPOINT SUPERVISOR CASPERS TO UPPER NEWPORT BAY COOPERATIVE PLANNING PROJECT On motion of Supervisor Phillips, duly seconded and unanimously carried, Supervisor Ronald Id. Caspers is appointed to the Upper Newport Bay Cooperative Planning Project to represent the Board of Supervisors. IN RE: CLARIFICATION OF INTENT APPEAL FROM DISCHARGE SCOTT On motion of Supervisor Clark, duly seconded and unanimously carried, the Board of Supervisors clarifies that its intent in the appeal from discharge of Philip P. Scott, Utility Driver, is only to reverse the discharge order and is not to be interpreted as an approval or forgiveness of Mr. Scotts record. uuie ia_ 71 COPIES SENT I. �nxePr .t:,:orncy W4n liweiA, Prwni6{; I /lteciur 6�. HIT may,., - 11013.2.2 %� EC �ot` �%u4 .•,..c -nom /7 —vZ '__ < 1411 02; ny Me CITY MOTWIkEWPORT BAY COOPERATIVE PLF,N 7ING PROJECT CITY 177 r SCOPE OF PROJECT AND PLANNING CONSIDERATIONS 35 "5� l7 The 311jec vpUof the tipper Newport Bay Cooperative Planning Project �i through cooperative and mutually ,supporting endeavors of the County of Orange, The Irvine Company, the City of Newport Beach and the State of California, to produce comprehensive general plans to gaide the pattern of growth in the Upper Bay Area. These plans will be designed to insure compatible land and water uses, preserve and enhance the natural assets of the area and create the best possible total environment. The plains will be developed on the basis of the proposed land exchange and other alternatives. Plans will be guided by goals of "Newport Tomorrow" and will be directed toward achieving a marine - oriented environment featuring multiple uses of the waters and shoreline and a hig.n <ual,ity residential atmosphere. Accordingly, study plans ,;ill include, but not be limited to, consideration of air, noise and water quality; :aultip-le recreational uses public access to tidelands a d -.paters factors; economic facto ti( ?S a,ll ('1 �'Y +'i it CC�llYt ^1_(lil 2. SCOPE. of the State; marine and wild fowl ecology; human rs; a ^_staetics; and the necessary supporting activi- qf /C�'PR'.4 .. Each alternative plan will contain the following elements: a. Channel development and use 'plans b. Land use and develop;nert plans. C. Transportation and traffic plans. d.. Public facilities plan, including recreational and ecological factors. e. Public utilities plan. f. Public land acquisition requirements. g. Suggested funding and development schedule. 3. PLANNING CONSIDh;RATIONS.• In connection with the nrcparation of the general plans, the follow- ing factors affecting the development of the tipper Bay. area will be analyzed: a•. County -wide demograplaic and economic trends. b. Physical gharacteristics of the planning area including topo- graphy, soils; tributary drainage areas, •andjclirnate. - 2 - C. Marine characteristics of the planning area to include water quality, factors affecting water quality, and engineering considerations; including channel widths, energy absorption requirements, and sedimentation characteristics. d. Ecological considerations for.the uplands ,littoral. &.water.zones. e, }fir and noise pollution factors. f. Analysis of recreational trends, requirements, and opportu nities and constraints. g. 'Public facilities and utilities. h. Circulation and transportation._ t i. Considerations of land acquisition and development costs to potential revenues and benefits. 4, PLANNING ACTIONS, It is intended that, whenever possible and appropriate, data from ovicting c +ii rl 7. °_ °_ and reports r;r 11 .:� -�:.i included in the planning considerations. New studies and reports, or up- dating of existing studies, will be generated only in the absence of adequate data. To this end, it is intended that tize participating organizations will supply appropriate existing data for the common use of the project. 5. PLANNING PROGRAM. Following acceptance of the Scope and Planning Considerations, it is intended that plans will be developed as quickly as possible. An initial chart of the planning program is attached. A first step in the planning program is to.establish key target dates as a basis for a refined planning program. 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RESOLUTION N0. 7137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS INTENTION TO INITIATE A COMPREHENSIVE PLANNING STUDY OF THE DEVELOPMENT POTENTIAL OF THE UPPER NEWPORT BAY AND REQUESTING THE COOPERATION OF THE COUNTY OF ORANGE AND THE IRVINE COMPANY.IN THE CONDUCT OF SAID STUDY WHEREAS, the City Council of the City of Newport Beach recently received recommendations from the Newport Tomorrow Citizens Committee urging comprehensive planning studies for the entire City of Newport Beach; and WHEREAS, the City Council has initiated a program which has as its goal the creation of an up -to -date comprehensive general plan for the City; and WHEREAS, an essential part of such planning involves the future use and physical development of the Upper Newport Bay Area; and WHEREAS, the County of Orange and the Irvine Company have entered into a land exchange agreement affecting the Upper Newport Bay, which is presently in litigation; and WHEREAS, depending upon the outcome of this litigation, the Upper Bay will either be developed in accordance with the existing land exchange agreement or under different circumstances; and WHEREAS, whether the existing land exchange agreement is consummated or not, the City of Newport Beach has a responsibility to formulate a long -range plan for the use and development of .the Upper Newport Bay which will be based upon a thorough study and analysis of all relevant information includ -' ing esthetics, ecology, engineering and economics; and WHEREAS, the County of Orange and The Irvine Company have assembled information concerning the Upper Bay area which -1- _a needs to be correlated with the City's data; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, as follows: 1. It is the intention of the City to immediately commence a comprehensive planning study`of the Upper Newport Bay based upon: (a) The assumption that the pending land exchange agreement will be completed; (b) The assumption that the pending land exchange agreement will not be completed. 2. The City Council hereby invites the County of r Orange and The Irvine Company to assist the City in the compilation and documentation of data, and to cooperate in the conduct of the City's planning studies for the Upper Newport Bay. ADOPTED this 9th day of February, 1970. ATTEST: City Clerk Mayor .2- 2%19/70 _ Gam' --� C. ��. ✓i o: In July 14, 1970 Mr. Norman B. Livermore, Secretary The Resources Agency of California Resources Building 1416 ninth Street, Room 1311 Sacramento, California 95814 Dear Mr. Livermore% Your letter of 10 July outlining the participation of The Resources Agency in the Upper Newport Bay Cooperative Planning Project was most welcome. The interest displayed by The Resources Agency and the assistance already received are greatly appreciated, and we thank you very much for your interest. Very truly yours, B. F. BIRTH MAYOR EFIi /GMD /dn _ s- NORMAti:N B. LIVERMORE, JR. RONALD REAGAN OFFICE OF THE SECRETARY �, -- SECRETARY GOVERNOR OF RESOURCES BUILDING CALIFORNIA 1416 NINTH STREET 95814 Department of Conservation i �� Air Resources Board DePnrinnam of Fish and Game Colorado River Board Department of Harbors and Watercraft State Lands Commissloa D.Parsmeat of Par4s sad Recreation Once of Nuclear Energy Department of Water Resources State Reclamotion Board 'Regional Water Quality Control Boards THE RESOURCES AGENCY OF CALIFORNIA State Water Resources Control Board SACRAMENTO, CALIFORNIA July 10, 1970 ,. S RECEIVED Honorable E. F. Hirth, Mayor b JUL 13 I City of Newport Beach Glty I Newport o Ne 3300 Newport Boulevard beach �\ Newport, California 92660 Dear Mayor Hirth: Thank you for your letter of May 14 expressing your interest in the Resources Agency of California becoming directly involved with your Upper Newport Bay Cooperative Planning Project. I believe that liaison between the State and your project would be most helpful and have taken several steps to assure that full assistance is provided. I have established a Resources Agency Upper Newport Bay Committee which will review elements of your plan as they are developed for my guidance in reacting to your final plan. Mr. Edward Ehlers, Program Development Officer, Department of Navigation and Ocean Development,is serving as Chairman of this committee. Other affected departments are serving as members. With regard to the Resources Agency serving on your project com- mittee, I feel that our appropriate role in this planning program should be in an observer capacity. Our representatives will provide technical assistance and monitor the work of your com- mittee rather than sitting as members per se. The representatives will not vote on any matters which come before your committee. I have asked Mr. Ehlers and Mr. Robert Montgomery, Regional Manager, Region 5, Department of Fish and Game to serve as the primary and secondary representatives respectively. Mr. Ehlers will attend key meetings of your policy body and Mr. Montgomery will attend policy and technical meetings as they are held. r Honorable E. F. Hirth -2- Both of these representatives wAl work together to assure that the various units of the Resources Agency are contacted as neces- sary to give your group all information considered to be pertinent to the development of your plan. I believe this procedure will serve both your interests and those of the State of California and I hope that this arrangement will be satisfactory to you. Thank you for your consideration. CC: Hon. Alton E Allen Hon. Robert Walker Hon. G Ray Arnett Sincerely, N. B. Livermore, Jr. May 14, 1970 Mr. Robert J. Ball 235 Iris Avenue Corona del Mar, California 92625 Dear Mr. Ball: Thank you very much for your letter of 3 May enclosing the article from the magazine "BioScience ". Indeed I am very much aware of ecological aspects of the Upper Bay development, as are all the Councilmen, and you might be interested to know two of our City staff members and I are attending marine ecology courses at UCI to broaden our knowledge in this field. You may not be aware of the fact that on April 16 we had the first meeting of the Upper Newport Bay Cooperative_ Planning Project__ I am the Project Chai"i"6fan, and the members of the committee include the President of the Irvine Company, Supervisor Allen, a City Planning Commissioner, a City PB &R Commissioner, another Councilman, and the City manager. Additionally, Mr. Norman Livermore, Jr., California State Resources Agency Secretary, has been invited to participates and I feel sure that he will accept after we answer some questions he has posed. Each of the participating organizations represented on the committee has provided staff personnel. The Technical Staff is coordinated by our own City Harbor & Tidelands Administrator. I am enclosing a copy of the objective of the planning project for your information. I hope you will note the emphasis on total environmental factors,.not the least of which is the ecology of the Upper Bay. I emphasize that this objective was mutually approved by all participating organizations. we will have our next meeting on the 20th of May when these objectives will have been expanded into a comprehensive scope by the 'Technical Staff. Your interest is greatly appreciated, and I hope you will not d Mr. R. J. Ball 5/14/70 Pg. 2 feel reluctant to contact either Administrator, Mr. G. M. Dawes, or want to keep closer in touch EFFi /GMD /db Enclosure CC: City Clerk i` me or our Harbor and Tidelands should you wish further information with the development of the project. Very truly yours, E. F. RIRTF: Mayor ilia�v 3, favor Ed nirth City of Neimort Beach Newport Beach, C�.liforni.a Dear Hr. Hirth, As the diSbUted land s aan of the Back Dav con' i- nue =:, -ore and :ore evidence accumulates that P,i.ves indication that bays and estuaries are Of vital significance to our well being and to our ecological bank account. It mould appear that the State Lands Division and the Orange County Board of Supervisors were ormmature in their approval of such a swap. In the event that the courts decide that the swaa is legal, and in the evert that the county supervisors persist in their approval after the forthcominr election, it will t'en ne up to the Plewport City Council to pass approval on the development of this back bay. It is my fervent hope that tih.e council will be well informed on all the ecologic aspects of this develop-,ent and the need for some "non — development." I am enclosing copies of a fine summary of the need for undevel- oped hay areas taken from the new issue of Bioscience and hope that each council - ean can find time to read it. We hope the der a;er'. will not -turn out to he another Irvine snort job. Y/ j\ SSncere v, \�V \J Robert J. Ball 235 Iris Avenue Corona del Mar �yV�Q ;�� California 9262$ Oki v 1 APRIL 1970 VOL. 20 NO. 7 American Institute of Biological • R' Sciences Cover Photo: The Christmas tree tanworm ..Spiro- branches giganteus, is one of the most beautiful Biu5V-rw!Renc%:; of the marine potychaete worms Found in tubes imbedded in reef-building corals of the warmer seas, it extends two colorful. spiraled series of branchial plumes which react quickly when the animal s disturbed. II is. therefore. seldom seen THE TEST. OF THE ESTUARIES except by the most careful and quiet observe The branchial plumes are about three- quanersof an inch when fully extended_ (Photo by William J. Around our coasts, the focal point of etch watershed Is an estuary. There arc about 900 of Jahoda. Eastern Connecticut State College. Wit- these sites of interaction bct wcen land drainage and the ocean, and they vary from the mouth limantic.) of the mighty Mississippi to lagoons and the oulfulls of small rivers. Estuaries arc complex and challenging. and they probably serve . more human uses than any other kind of aquatic entity. Editorial Board Many arc vivid examples of environmental insult —the result of man's failure to achieve a .i durable relationship with his environment. Edward S. Deevey, Philip Grant, A. C. Leopold; In each estuary, an ecosystem hits emerged, with the biological components achieved Eugene P. Odum, Meredith Runner, Howard A. through evolutionary selection and adaptation. Several biological characteristics contribute Schneiderman, Philip Siekevitz, and Herbert to their high value for human uses -sand to their vulnerability to human abuses. Species which Stern. - were available for invasion from the river and the ocean have been rigorously Selected in a relatively violent aquatic environment, and the survivors are those which can tolerate. salinity Editorial Stall variation, temperature fluctuations, high turhiditics, and other cnvironmenvd stresses. A rcla- Publisher: John R. Olive lively small number of species has been successful. Those which survive, however, frequently Editor: Francis S. L. Williamson possess caccllcnl adaptations which permit them to trap and utilize the large flow of nutrients from the land. Scssilc bcnthic species, for instance, arc a much larger component than in most Head of Publications and .aquatic systems. The successful species arc frequently very abundant indeed, and provide the 1 Associate Editor: crops of oysters, crabs, shrimp, menhaden, striped bass, and many other fish of the coastal Robert S. Lelsner zone. In addition, many species which live principally in the pecan have an obligate depen- dency on the estuary for part of their life history.. An even larger number of coastal fish enter Secretary: the estuary periodically to browse on the abundant fauna. Alice C. Mansfield But vulnerability stcurs from paucity of species and use by migratory forms: If environmcn- tal circumstances arc intolerable fora single stage in the life history of one important species Managing Editor: in the rather short food chain, all of the trophic levels .depending on that species will. decline. Margaret U. Chambers The integrity of the entire estuary is of importance to a species which must move through the estuary at ]cast twice. in its life history. and a pollutant which creates an intolerable condition Editorial Assistant: were" one segment of the estuary may destroy the migratory pattern. In addition, there arc f. Patricia M. Gerkin essential nursery areas in which water quality governs species success. Features and News Editor: Many engineers, developers. and planners attempt to use some measurable physical or Walter G. Peter III chemical characteristic of water as critcriu of quality. While such indexes arc useful and have the merit of convenience. they frequently fail because they arc not oriented to the biological Associate News Edltors: system as the primary base for most of our uses of estuaries. Commercial harvests, recreational Jo Ann V. fowler fishing, and waste disposal capacities depend directly on the biota and its processes. Threats Karen J. Fling to the estuary, except for objectionable aesthetic conditions, arc the changes which may dam. age energy flow, community structure, or species success. Such damage can result from nu- BUSinGsS Staff tricot overloading, dredging and filling, diversion of fresh water, addition of acute or chronic Advertising Production: biocides, . excessive heat disposal, destruction of wetlands that provide nutrient hanks, dumping of solid wastes, increased sediment output, and the rest of our " popullutien" effects. D. Anne Harberger The biological system ofan estuary is vulnerable to environmental changes which have not Institutional Subscriptions: been within the experience of the species involved. We arc exceeding those experiences in Frank Lo Verde many ways simultaneously, and some of the result, could have been anticipated.. Our social, economic, and governmental systems arc all involved in our present, unfortunate patterns of Membership:. Joanna Buckle excessive concentration and careless disposal of waste. Biologists must take more active part in comprehending the nature . and capacities of such ecosystems as estuaries and sounding a Opinions expressed by authors are their own and clear klaxon when they are ihrcatcncd Dcspitc some excellent estuarine research in recent do not necessarily reflect the opinions of the ycary we still do not know enough to describe or quantiry the flow of energy in any except a American Institute of Biological Sciences nor the few estuaries. We cannot yet adequately assist the planner, the engineer, or the public agency institutions with which the authors are affiliated. by providing useful predictions of the biological effects of specific environmental changes. M4 Circulation to be audited by Verified �-[I� Audit Circulation Corporation e do not yet sufficiently understand estuarine systems or processes and we have not yet werica Editorial and business address: American Insti- achieved our prpfcssional potential for protecting present values or enhancing future uses lute of Biological Sciences, 3900 Wisconsin Rve,. of c,tuuric,. NW, Washington, D.C. 20016. Printed at Editors If c,tuuncs are to return ihcir unique biological chdraeteri:lics and high usefulness, Iastipg Press; Inc., 6041 33rd Ave., Hyattsville, Mary solution, must be Hound to the related problems of waste disposal and environmental dis- land 20782. National Advertising Representa:. ruptiun. 'Theis must not violate the capacities of the estuaries and these opacities can only tives; Joseph Bourgholtzer, Inc., The JBI Build- be comprehended through appropriate biological research. Our estuaries offer a compelling in& Mahwah, New Jersey 07430. Advertising lest of our ability to live in enduring harmony with our environment rates and information mailed on request. L EUGENE CRONIN 395 CITY OF NEWPORT BEACH CALIFORNIA 9260 City Rau 3300 Newport B1Vd. (714) 073 -2110 May 14, 1970 Mr. Norman Livermore, Jr. Secretary for Resources The Resources Agency 1416 9th Street Sacramento, California 95814 Dear Mr. Livermore; Mrs. Marshall has given me your letter of April 28 containing your questions relative to the Upper Newport Bay Cooperative Planning Project. One of the last actions of Mrs. Marshall during her admin- istration as Mayor was to launch this important project, and I can assure you as the new Mayor of the City of Newport Beach, and as Chairman of the Project group, that I intend to pursue the Planning Project with utmost vigor. S am aware of the similar letter that you sent to Chairman Alton E. Allen, of the Orange County Board of Supervisors. I regret that the nearly simultaneous action of both participating organiza- tions'in attempting to gain your support of the project has left some doubt in your mind as to whether there are one or two planning pro- jects contemplated. There is indeed only one comprehensive planning project, and Supervisor Allen and I are working very closely on the project, he as the official County representative, and I as one of the City representatives and the Chairman of the entire project. The project came about through the recognition of the City Council of its obligations to ultimately produce land use and zoning plans for the Upper Bay area, all of which are within our City limits. We felt that the best way to produce such a plan would be to have the active participation of the other two major organizations involved from the very inception of planning. Thus we now have a cooperative group consisting of the City, which must produce a land use plan, the County, which is the trustee of the tidelands involved, and The Irvine Company, which owns the littoral land. We know of the manifold interest of the State Resources Agency, and it was felt by all that your participation on the policy level would greatly enhance our planning effort. In addition to the advice and guidance that you, or your personal representative, could provide at the policy level, c 4 Mr. N. Livermore, Jr. 5/14/70 Pg. 2 we would hope that this sort of direct participation would also lead to our obtaining more direct and expedited support on the Technical Staff level. I have enclosed a copy of the minutes of our April 16 meeting. I hope you will pay particularly close attention to the objective, which has now been approved by all of the local participants and which emphasizes multiple environmental factors. The Technical Staff is now engaged in broadening this objective into a comprehen- sive scope and planning program which will be discussed at the next meeting on 20 May, at 3:00 P.M., at Mariners Library, 2005 Dover Drive, Newport Beach. I sincerely hope that you or your represen- tative can attend this meeting and obtain a better feel for the entire project. We do not at this time have a specific target date for the completion of'the project. I am sure that we will discuss this aspect at the meeting on 20 May, but all participants have already indicated that this project is to be prosecuted as rapidly as possible. I cannot yet give you a clear focus on the amount of time that would be required on the part of yourself or your repre- sentative should you accept the invitation of the group to participate. However, it is not intended that the policy level group will meet any more frequently than required to guide the efforts of the Technical Planning Staff. A draft of our initial planning program is enclosed, which may give you a little more insight into the direction we are heading. I truly hope that you will participate or be represented on this very important project. EFH /GMD /db Enclosures CC: Supervisor Alton E. Allen City Clerk Very truly you�s, `Ny E. F. HIRTH Mayor MORMAN 8, LIVERMORE, JR. SECRETARY Deportment of Conservation Department of Fish and Game Department of Harbo'. and Wotercroft Department of Parks and Recreelion Dep rtmant of Waters Resoa... RONALD REAGAN GOVERNOR OF CALIFORNIA ^jmll i THE RESOURCES AGENCY OF CALIFORNIA SACRAMENTO, CALIFORNIA OFFICE OF THE SECRETARY RESOURCES BUILDING 1416 NINTH STREET 93814 Air Reeaarus Board Colorado River Board State Lands Commission off. of Nucleon Energy State Reclamation Board Regional Water Gaolity Control Boards State Water R ... urtes Control Board April 28, 1970 .9 s � Mrs. Doreen Marshall, Mayor �(� 0 of City of Newport Beach v "Vmv City Hall 3300 Newport Boulevard Newport Beach, California Dear Mrs. Marshall: Thank you for your letter of April 21 inviting me or my designee to work with the City of Newport Beach, the County of Orange and the Irvine Company on the study of the Upper Newport Beach area within the City Limits of the City of Newport Beach. As you may know, the Board of recently passed a resolution 1 California, Resources Agency, hensive planning study of the Newport Bay. I have recently respect to certain details of react to that resolution. Supervisors of orange County which would include the State of as a participant in the compre- development potential of Upper made inquiry to the County with this study so that I can better I presume that the portion of the study you have referred to will be coordinated with and would be an integral part of the overall effort. If the study you have referred to in your letter is different than that referred to in the county resolution, I would appreciate your advising me. Sincer y, N. B. Livermore, Jr, %tea w •K April 21, 1970 Mr. Norman $. Livermore, Jr. Secretary for Resources Agency State of California 1416 Ninth Street Sacramento, California 95814 Dear Mr. Liven ere: The Newport ]leach City Council, recognizing its le .-al and moral responsibility to fonuhlate a long -range plan for the use and developcient of the overall Upper Nei,l ;ort I3ay area, has recently initiat_•�d a Comprehensive plats ing study of this area within its City lir,iits. ' is action was taken by the City Council's unanimous adoption of Resolution No. 7137 on February 9, 19700 a copy of which is enclosed. The City of Nmport 3each has invited the Coi.uity of Orange acid The Irvine Company to cooperate in the conduct of this :study. both parties have accepted this invitation and have named their representatives to participate with the City in this Upper Newport bay planning project. Ile respectfully invite you, as Secretary for Resources, or your designated representative, to work with the City of Newport &:ach, the County of Grange and The Irvine Company on this study. The participation of the State Resources Agency is of vital importance to this study for reasons which, I arm sure, are obvious to you. A preliminary organizational meeting for this project was held on April 16, 1970, in Newport Beach. Colonel George Dawes, Harbor and Tidelands Administrator for,the City of Newport Heath, has been named coordinator for this project. 1 enclose for your information a list of the persons present at this meeting; the meeting agenda; the adopted statement of this project's objective uid elements; and the organization chart for the conduct of this study. You will note the placement of the.State Resources Agency and its technical staff on this chart. • - <., Mr. Norman B. Livermore, Jr. - 2 - April 21, 1970 The Newport Beach City Council believes that this comprehensive plan'ling study will be of vital importance to the City, the County of Orange, and the State of California regardless of the outcome of the land exchange agree- ment between the County of Orange and The Irvine Company, now in litigation. We look forward to the participation by the State of California in this project, participation which will be very important to the project's final success. Very truly yours, DOREEN NI MSHALL Mayor DM:pg Enclosures cc: Supervisor Alton E. Allen Chairman Orange County Board of Supervisors 11r. William R. Mason President The Irvine Conpar y By she G'i'F �llU IL CITY O Fr Iti=`. "! GRT G AChi City Council of Newport Beach City Hall Newport Beach California Members of the Corneils April 2ov 197o I am encouraged to Bee :,lie County of u4ange, the Irvine Company; and the City oe N_ %%port "Beach working to gether on the development of Upper Nesap *.rt Bay. But I w.. dismayed at the composition of the study teF•q as re- ported in the loc a.' press. No one from tha Friends of Newport Bay, the Upper Bay afen. Be Fund, ar kjiozvled ;able privatf+ citizens have been invited IN pe•5'tioipate in. this endeavor. During the pest two N e.,:s 4, through the Friendq of the Bay, five thousand people have visited the Upper Bay and expressed concern for its Future, T e,�Igfest that Dr, Chala es Greening~ Cha >rman of the Priendo o'' the Bays participate in this. study group, With his extensive knowledge of the Bay: , hietoryf, it' e ecul ogi al and recreational velues,he le p rtioulax ly well suited to afd the City as iro the beet coura a of development -In the public's interest, All of the members of the study team h<.ve approved the land exchange, To avoid bias in the further planning for the B:iy:, it as important that other points of view be Included. None of the study tea-a nembers have researched the value of the Bay to schools, the public or to wildlife, In all fairness to in ure proper p.1n ani.ng and the presen aticn of_al poSsnts of vies, I Huge that the City Council include Dr.. Greening as a ,member of the study team, SInceiely, Gary RogeY:y Corona del Magic high School J 4 5 6 7 8 J 15 132 0 o" 16 .z cZ po 17 a i" V-It za✓, CMES SEffT APP 2 7 'f91D Cy �•.� Lc,- :,ef..ger �f--;; r me TY the EW OPT COUNCIL E SOLUTION OF THE BOARD OF SUPERVISORS OF `I ",+ Work, Dfr tm iY OF N_WPORT BEACH C D Pmnulog Dim^top/ ORANGE COUNTY, CALIFORNIA C✓D,hef 1,V 10W � April 7, 1970 On motion of Supervisor Allen, duly seconded and carried, the following Resolution was adopted: —/j BE IT RESOLVED that Resolution 70 -268, dated March 17, 1970, is hereby amended to include the State of California Resources Department as.a participant in the Comprehensive Planning Study of the Development Potential of Upper Newport Bay. BE IT FURTHER RESOLVED that the Chief Engineer of the Orange County Flood Control District is included as one of the Orange County representatives in the comprehensive planning study. 10 19 20 AYES of NOES: h vi ?T 13v5CH� ti SUPERVISORS ALTON E. ALLEN, WILLIAM J. PHILLIPS ROBERT W. BATTIN, DAVID L. BAKER, AND WM. HIR9TEIN SUPERVISORS NONE ABSENT: SUPERVISORS NONE 23' 24 STATE OF CALIFORNIA ) ss. 25 COUNTY OF ORANGE ) 26 I, W. E. ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that 27 the above and foregoing Resolution was duly and regularly adopted by the said Board.at a regular meeting thereof held on the 7th day of 28 Aril 1970 , and passed by a unanimous vote of said oar , 29 IN WITNESS WHEREOF, I have hereunto.set my hand and seal this 30 7th day of April 1.:19 70 W.. E'. ST JOHN 31 County Cle W and ex- officio Clerk of the Board of Supervisors of 32 Resolution No. 70 -374 Orange County, California Amend Res. 70 -268 - P :tg Auth. Coop. in Compre- hensive Planning-Study BY, Upper Newport Bay Deputy s � =`dry APR z 7 WU ALLAN By the CITY COUNCIL e CITY OFAJPy/FCfflz44Cth the Upper Bay Newport Beach City Council 3300 Newport Boulevard Newport Beach, California 92660 Gentlemen: SEEK April 21, 1970 The City of Newport Beach endorsed the Upper Newport Bay Land Exchange only after an understanding had been reached with the County, as I understand it, that the Big Canyon park and the two neighborhood parks on the west side would be dedicated to the city. -- — A legal question has now.been raised: Does the County have the right to make such a gift of public property? The usual practice when the County conveys ownership of a parcel to a city is to charge the city half of fair market value. In the present case, this might come to around 1i million dollars. I would suggest that the City seek clarification of this legal point as part of its current re- evaluation of the Upper Bay Land Exchange: Very truly yours, Allan Beek 28 Beacon Bay Newport Beach California 92662 ,U) - r App. 2 � MINUTES OF THE BOARD OF SUPERVISORS By fie CITY COUNCIL OF ORANGE COUNTY, CALIFORNIA CITY OF NEWPORT BEACH April 15, 1970 IN RE: 1970 -71 BUDGET PREVIEW On motion of Supervisor Hirstein, duly seconded and unanimously carried, the 1970 -71 Budget Preview is received and ordered filed as presented by the County Administrative Officer. IN RE: HEARING PROPOSED ADOPTION OF NATIONAL ELECTRICAL CODE AS AMENDED On motion of Supervisor Baker, duly carried, the hearing on the proposed adoption National Electrical Code, as amended, is cont 10:00 A.M. THE 1968 EDITION OF THE CONTINUED seconded and unanimously of the 1968 edition of the Lnued to July 15, 1970, at IN RE: CHIEF ENGINEER TO MAKE RECOMMENDATIONS FOR FLOOD AND WATER QUALITY STUDIES FUTURE DEVELOPMENT OF UPPER NEWPORT BAY PLANS On motion of Supervisor Baker, duly seconded and unanimously carried, the Chief Engineer of the Orange County Flood Control District is authorized to make recommendations for flood and water quality studies for future use in the development of Upper Newport Bay plans. //A Nk F 1013•x.2 2 41 9 10 11 12 13 J 15 zz Ono 16 �Fa c=� �0 17 0 c LE 20 21 22 23 24 M 29 30 31 ?:tg APR 27 Iyi0 RESOLUTION OF THE BOARD OF SUPERVISORS OF the CITY COUNCIL ORANGE COUNTY, CALIFORNIA OF N2WPORT BEACH April 8, 1970 ,u hey C' .i;r Wor}e U1rM� G �I1 r t other L' "4< On motion of Supervisor Phillips, duly seconded and carried, the following Resolution was adopted: BE IT RESOLVED that this Board does hereby affirm its intention to continue with the present agreement with the Irvine Company for the exchange of land in the Upper Newport Bay. BE IT FURTHER RESOLVED that the request by Supervisors Battin and Baker to terminate the agreement is denied. IAYES: SUPERVISORS WILLIAM J. PHILLIPS, WM. HIRSTEIN AND ALTON E. ALLEN NOES: SUPERVISORS ROBERT W. BATTIN AND DAVID L. BAKER ABSENT: SUPERVISORS NONE STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I, W. E. ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 8th day of April 1970 , and passed by'a three- fifths vote of said oar IN WITNESS WHEREOF, I have hereunto set my hand and seal this 8th day of April , 1.970 . W. E. ST JOHN Resolution No. 70 -382 Retain Land Exchange Agreement w /Irvine Cu. Upper Newport Bay '.County Clerk and. ex- officio Clerk of the Board of Supervisors of cO,range County, California eputy April 21, 1970 Alys Anderson 1417 Ffariners Drive Newport Beach, California 92660 Dear Alys: Thank you very much for your letter of April H. Although you did not say in so Hoary words that you were concerned about the future development and use of the tipper Newport Pay, I presume that this is the matter to which you refer when you express concern about possible destruction of wild life. I want you to know that tine City of Newport Beach has just started a plaraiing study with the cooperation of th- CouxLty of Orange and The Irvine Company which will give consideration to the possibility of preserving a good ecological balance in the development of the Upper Bay. Much of the land in the kipper Bay area is privately owned. and it is important for us who represent public agencies to plan cooperatively with the private owner for a good development which will consider preservation of the wild life, recreational needs, and water oriented activities. Thank you very much for writing to me and expressing your interest in our City. Very truly yours, DDREFN MARSIXI Mayor IIM: pg s� rrn�t►�7[' 3). Ad v Cf F RECEIVED APR 10 1971 ,t0 Mayor City of Newport >, reach h 7 April 17,:.1970 TO: CITY COUNCIL FROM: Mayor SHORELINE MANAGIMF 'f S -371 (NFJIDLX): Tully informs me that the State Senate committee on Governmental rganization will be hearing this bill on Thursday, April 23. He will be in Sacramento on the following day for a League Annex -. ation Committee meeting. It would be helpful for him to go up a day early, in time to attend the hearing on this shoreline management legislation which could have such a drastic effect on our City. Because this is an overnight trip, I feel the new Council should be advised of Tully's possible attendance at its organizational meeting next Tuesday afternoon for its concurrence and any possible instruction. I recommend op- position to the Neiedly bill which would establish a permit system for all substantial coastline changes (over $10,000) and regional commissions similar to Milias AB 640. In addition, the bill conflicts with Lt. Governor Reinecke's Task Force recommendations which we have supported by Resolution No. 7169. COURT SITE PRESENTATION: Welton Becket's presentation, including model and slides, to the and o Supervisors last Wednesday, was excellent. On the whole, it seemed to be well received by the Supervisors. Only Dave Baker was absent. Although the explanation of two possible procedures for describ- ing the County's costs (same total dollars) was somewhat unclear in the formal presentation, I believe the informal staff discussion which followed clarified the matter. We, of course, had to allow additional time for the County staff to analyse and report on our proposal. However, time is running out and the next Council will probably find it necessary to insist on a prompt decision. I attach a clipping from today's Santa Ana Register on this subject. CITY ARTS COMMITTEE: Please note the Committee is sponsoring a City Arts Festival - a'}urie show - to be held on Sunday, May 17, in the Civic Center Gallery. UPPER NEWPORT BAY COMPREHENSIVE PLANNING STUDY: The organizational meeting held last Thursday a ternoon launched this important project in a positive and successful manner. Members' attendance was 100 %. It was agreed to include the State of California as a participant in the study. The Director of the Natural Resources Agency will be invited by us to name a representative for this purpose. The proposed statement of objective was approved with the following minor amendment: on line 113, insert the words "and State of California" after New- port Beach. a _ .Z, _ The proposed summary of the study elements was approved with the following minor amendment: substitute the words "human factors" for sociological trends. The proposed organizational structure was approved with the addition of the State of California Natural Resources Agency as a third cooperative or participating agency with its respective technical staff. George Dawes was named Project Coordinator as recommended. It was agreed the first step must be to define in writing the project scope, thereby establishing its boundaries. George has scheduled a meeting of the technical staffs representing all participating agencies for next week. They will prepare a statement of scope for review and approval by the entire project committee. cc: City Manager City Attorney City.Clerk V A-. Memorandum , �0-a`a United States Department of the Interior . OFFICE OF THE SOLICITOR SACRAMENTO REGION 2800 COTTAGE WAY STUDY SESSION ROOM E•2753 ITEM NO. 4 SACRAMENTO, CALIFORNIA 95825 February 13, 1973 . To: Members of the Title Evidence and Appraisal Work Group Upper Newport Bay Field Committee This memorandum will serve as a resume of the meeting of the Title Evidence and Appraisal Work Group, Upper Newport Bay Field Committee, held on February 9, 1973, in the office of the City Attorney, City of Newport Beach. Unless comments are received suggesting revisions or corrections to this memorandum it will serve as a basis for the report by the Mork Group to the full Committee at the meeting scheduled on February 23, 1973. „ The meeting of the Work Group was attended by: Adrian Y,uyper, County Counsel, County of Orange Robert E. McCarthy, bureau of Land Management, Sacramento Dennis O'Neil, City Attorney, Newport Beach James Trout, State Lands Division Tom Smith, Bureau of Sport Fisheries and Wildlife, Portland Richard J. Dauber, Office of the Solicitor, Sacramento The first subject discussed was the funding of the appraisal, surveying . and title evidence which we had estimated to be in the neighborhood of $15,000 for each participant. Mir. Trout advised that the State does not have any money available for this purpose. He also stated that Mr. Livermore was advised by Mr. Otis that the United States does not at this time know Where it will obtain the $15,000. Mr..C'Neil advised that he has fist yell apprt:;ached the City Council for, funds and thereiIore does not know whether or not the City could fund its share of the appraisal, survey and title costs. Mr. Trout suggested an alternative to employing an independent appraiser and an independent surveying company. His alternative was that the State Lands Commission could make a staff appraiser available and that the Federal Government might make a staff appraiser available and that together, using the existing information available, they could jointly prepare.an appraisal containing the maximum amount that would be required to acquire the property and a minimum amount. The State could then go to the Legislature for the necessary appropriation, and the United States could take the necessary steps to fund the project. i �I PA It %las subsequently a.;reed that there would be an appraisal board set up with a State appraiser, a Bureap..of Sport Fisheries and 'Wildlife staff appraiser, and 'a County appraisers ;,the board. They would make an appraisal of the property on th-e assumptions and legal bases furnished to the^ by the Mork Group a,-,d s; FEB 14 1973 Newport Beach City Council By Me CITY COUNCIL CITY AP NcwPPAT tEACN Dear Councils: 19842 Frank St. Orange, Calif. 92669 January 17, 1973 V ('t l-/- t/ r� l I am ver# concerned about the destiny of the area known as the Newport Back Bgy. I sincerely hope that it is left in its nattrral state and /or made mfficaally into a preserve. Orange County is very short of wildlife preserves of any kind, and will be even shorter by proportion to popu- lation as the popubation increases at its very rapid rate. The Back Bay is precious to many forms of life; migratory birds, occupants.of the estuary itself, and sealife. Buildings can be built anywhere. Estuaries are a different matter. Having expressed the essence of *y opinion I remain sincerely yours, &'f— &Iyot- e Erik Tootell ✓q�v j t�,� 1J JAN 1 U....@73. D.I. ..................... COMES SENT TO: .Al pGr ttun ¢der 1 +1 ur0ey 1'nulir \V mk ?. Directod pnm nM Director Dlher �� ��ouucilmest U' ✓q�v j t�,� 1J Mr. EdwardA. Smith 2501 Bamboo Newport Beach, California 92660 Dear Edward: i Thank you•for your letter concerning the Upper Newt Say issue and the transportWon problen in the City of Newport Beach. The City is always very concerned about the fate of the Back Bay. As directed by the Council, the City staff had been involved with the County, the Irvine Company, Federal Department of Interior and the Army Corps of Engineers to study the. -back Bay. This study is not aimeii.at develop- ing the Back Bay but to preserve it for both the enjoyment of the citizens of Newport Beach and the preservation of wild life. No decision has been made on this vital issue because studies are still underway as to the best way to preserve and enhance the natural attributes of the.Back Bay_ On October 12, 1970, the City Council appointed a Citizens Transportation Committee to study all aspects of transportation in Newport Beach and to take appropriate recommierdations to Council. An adequate network of streets in order to provide easy access to all parts of the City, includ- ing feeding into Costa Mesa, are being considered by the Transportation Com- mittee. I am sure their recommendations when considered and implemented will provide the better transportation system you are concerned about. Thank you very much for your letter of concern. Very truly yours, DONALD A. MCINNIS Mayor DAMc:pg c I> Dear Mayor McInnis, My name is Edward L. Smith, I live in Eastbluff, and I've heard you speak before at class (Civic s) this summer, you may have recalled the two class you spoke to. My main concern is over the upper Newp this area. I'd appreciate a quick, personal just as soon as possible. What is being done ecology of the upper Newport bay, and promote between Newport and Costa Mesa other than the Jamboree blvd? els Drt Bay issue of reply to this letter to preserve the better transportation Coast Hwy. and Thank -you very much, and I hope to hear from you soon. Yours Tr,uly,, Edward L. Smith FEB 9Y Me CITY COUNCIL iY C� llr at ?s,;- BEACt•! � _:r irs . ;5'S' ,1',01 Surrey 'Drive ,orora del Mar, ^a. 92625 2/1/73 Concerning the Newport Back Bays it is of the utmost imnortanoe to save the surrounding areno as well as the bray itself from development. Much wildlife abounds in these areas, including the last family of :Poxes in Newport. Tt would be aesthmtioally benifioial to all to -protect theme -#hioh could be dame by using the funds formerly arnronriated for the dredging of the islands near the bay briw,�, 02 million). The are- -s in nuertion are the north and west sides of tho bays Mok S%y Road# and the section of '3ig Canyon west of Jamboree Road. "?eaeo give this :matter your serious consideration. inoerely� Tkxvid Irwin P 1 Y \` \ r '3 June 29, 1972 Mr. William M. Monroe Secretary's Field Representative United States Department of the Interior Office of the Secretary Pacific Southwest Field Committee Post Office Box 36098 San Francisco, California 94102 Dear Mr. Monroe: Thank you very much for your invitation to participate on the committee studying the recommendations of the Upper Newport Bay Ta §l: Force. I will be very pleased to be a member of the comwittee to investigate and develop the recommendations regard- ing the Upper Newport Bay. The City of Newport Beach has contin- ually cooperated with the County of Orange, the Department of the Interior, the Army Corps of Engineers, the Irvine Company, and other interested agencies which have been involved with the planning of this vital natural resource. I am looking forward to working on your committee. Sincerely, DONALD A. McINNIS Mayor DAM,: pg UNITED STATES DEPARTMENT OF THE INTERIOR b ,�irr`rC1VED OFFICE OF THE SECRETARY "uvN,zL$�9�21100 PACIFIC SOUTHWEST REGION 0{ G�C1a�eW�� ((( PACIFIC SOUTHWEST FIELD COMMITTEE'S BOX 36098 - 450 GOLDEN GATE AVENUE SAN FRANCISCO. CALIFORNIA 94102 June 23, 1972 Hon. Donald A. McInnis Mayor, City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Mayor McInnis: On June 14, 1972, Secretary Morton concurred with the recommendations of the Interior Task Force on Upper Newport Bay. I have been directed to Organize a committee with the Bureau of Sport Fisheries and Wildlife as the lead agency, to investigate and to develop the recommendations of the Upper Newport Bay Task Force. We are most anxious to have the benefit of your counsel on such a committee. Please accept this invitation to participate. The Regional Director, Bureau of Sport Fisheries and Wildlife, Portland, Oregon, will be in touch with you shortly to set a time and place for our first meeting. In all prob- ability it will be in San Francisco during the week of•July 24. Sincerely, rZ4illiam M. Monroe Secretary's Field Representative 64 17 v 3s� �I IN RE: RESOLUTION OF CITY OF NE6JPORT BEACH SUPPORTING rOSITION OF APPELLANT AND INTERVENORS IN CASE OF COUNTY OF ORANGE, ET AL, VS. V. A. HEIM INVOLVING BACK BAY LAND EXCHANGE On motion of Supervisor Caspers, duly seconded and unanimously carried by Board members present, Resolution No. 7725 dated June 12, 1972 from the.City Council of the City of Newport Beach supporting the positio of the Appellant and Intervenors in the case of County of Orange, et al, vs. V. A. Heim, involving the Back Bay Land Exchange is received and ordered filed. IN RE: LEASE AGREEMENT ORANGE COUNTY MEDICAL CENTER OUTPATIENT CLINIC BOARD OF RETIREMENT OF THE RETIREMENT SYSTEM On motion of Supervisor Caspers,-duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are author- ized to sign the Lease Agreement dated June 27, 1972, between the County of Orange and the Board of Retirement of the Retirement System of the County of Orange, providing for the Retirement System to finance the construction of the Orange County Medical Center Outpatient Clinic by means of a leaseback. IN RE: OPEN SPACE AND CONSERVATION ELEMENTS OF THE ORANGE COUNTY GENERAL PLAN, PHASE II On motion of Supervisor Phillips, duly seconded and unanimously carried by Board members present, the Planning Commission is requested Lo consider as a proposed open space element the existing Master rlar. of Regional Parks and Local Parks, and to report back to the Board on said proposal in time for the hearing on Open Space and Conservation Elements of the Orange County General Plan, Phase II, set-for June 28, 1972, at 10:30 A.M. AYES: SUPERVISORS WILLIAM J. PHILLIPS. 1=1D-L. BAKER AND NOES: ABSENT: F 1016.1.9 SUPERVISORS SUPERVISORS RONALD W. CASPERS R. W. BATTIN /y }?;';,^, .ry X! RALPH B. CLARK ��4j ` I � Date JUL 3. 1972 ............................... r COPIES SENT TO p Mna en 11nn9CRT MINUTES OF THE BOARD OF SUPERVISORS p OF ORANGE COUNTY, CALIFORNIA El 1'.b% W'eAs Directap p ,.,, n.i.K June 27, 1972 p p (:eaocLmeo �I IN RE: RESOLUTION OF CITY OF NE6JPORT BEACH SUPPORTING rOSITION OF APPELLANT AND INTERVENORS IN CASE OF COUNTY OF ORANGE, ET AL, VS. V. A. HEIM INVOLVING BACK BAY LAND EXCHANGE On motion of Supervisor Caspers, duly seconded and unanimously carried by Board members present, Resolution No. 7725 dated June 12, 1972 from the.City Council of the City of Newport Beach supporting the positio of the Appellant and Intervenors in the case of County of Orange, et al, vs. V. A. Heim, involving the Back Bay Land Exchange is received and ordered filed. IN RE: LEASE AGREEMENT ORANGE COUNTY MEDICAL CENTER OUTPATIENT CLINIC BOARD OF RETIREMENT OF THE RETIREMENT SYSTEM On motion of Supervisor Caspers,-duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are author- ized to sign the Lease Agreement dated June 27, 1972, between the County of Orange and the Board of Retirement of the Retirement System of the County of Orange, providing for the Retirement System to finance the construction of the Orange County Medical Center Outpatient Clinic by means of a leaseback. IN RE: OPEN SPACE AND CONSERVATION ELEMENTS OF THE ORANGE COUNTY GENERAL PLAN, PHASE II On motion of Supervisor Phillips, duly seconded and unanimously carried by Board members present, the Planning Commission is requested Lo consider as a proposed open space element the existing Master rlar. of Regional Parks and Local Parks, and to report back to the Board on said proposal in time for the hearing on Open Space and Conservation Elements of the Orange County General Plan, Phase II, set-for June 28, 1972, at 10:30 A.M. AYES: SUPERVISORS WILLIAM J. PHILLIPS. 1=1D-L. BAKER AND NOES: ABSENT: F 1016.1.9 SUPERVISORS SUPERVISORS RONALD W. CASPERS R. W. BATTIN /y }?;';,^, .ry X! RALPH B. CLARK ��4j ` I � 's ^s` June 19, 1972 Honorable Board of Supervisors P. O. Box 687 Santa Ana, CA 92702 Subject: Upper Newport Bay Land Exchange Enclosed is a copy of Resolution No, 7725, a resolution of the City of Newport Beach supporting the position of the appellant and intervenors in the case of County of Orange, et al. , vs. V. A. Heim, involving the Back Bay land exchange; and offering to cooperate with the County of Orange and all other appropriate agencies, private land owners, and institutions in order to arrive at the beet possible plan for the preservation and enhance- ment of Upper Newport Bay. Laura Legion City Clerk LL:dg Encl. June 19, 1972 The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Subject: Upper Newport Bay Land Exchange Enclosed is a copy of Resolution No. 7725, a resolution of the City of Newport Beach supporting the position of the appellant and intervenors in the case of County of Orange, et al_ , vs. V. A. Heim, involving the Back Bay land exchange; and offering to cooperate with the County of Orange and all other appropriate agencies, private land owners, and institutions in order to arrive at the best possible plan for the preservation and enhance- ment of Upper Newport Bay. Laura Lagios City Clerk LL:dg Encl. JUN 12 1972 By the CITY COUNCIL MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA May 23, 1972 —i i; IN RE: TERMINATION OF COMMUNICATTOnrS SERVICES 'Gn'" ? 'I'Tm MISSION VIEJO COMPANY On motion of Supervisor Caspers, duly seconded and unanimously carried by Board members present, the Communications Services Agreement dated January 24, 1967, between the County of Orange and the Mission Viejo Company is cancelled and she Auditor - Controller is instructed to cancel billing statements against this agreement that may have been issued subsequent to December, 1970, as recommended by the Director of the Department of Transportation and Communications in his letter dated May 17, 1972. IN RE: PROPOSED HEAP.INGS ON ZONING DISTRICT MAPS 16 -3 -9 AND 21 -3 -9 ZC 72 -33 CITY OF YORBA LINDA On motion of Supervisor Phillips, duly seconded and unanimously carried by Board members present, the Planning Commission is requested to hold the necessary public hearings on Zoning District Maps 16 -3 -9 and 21 -3 -9, ZC 72 -33, Ordinance No. 2593 and to report back to the Board of Superviw ors. IN RE: DISCONTINUE PARTICIPATION IN UPPER NEWPORT BAY COOPERATIVE PLANNING PROJECT On motion of Supervisor Caspers, duly seconded and unanimously carried by Board members present, the County of Orange discontinues its participation in the Upper Newport Bay Cooperative Planning Project. IN RE: RESOLUTION URGING INDEMNIFICATION FROM OPERATORS OF JET- POWERED AIRCRAFT CITY OF NEWPORT BEACH On motion of Supervisor Casoers,,, duly seconded and unanimously carried by Board members present, Resolution No. 7694 from the City Council of the City of Newport Beach dated May $, 1972, urging indemnifi- cation from operators of Jet - powered aircraft, is received and ordered filed. 1101$1x12 ) I / ) RESOLUTION NO. 7725 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH SUPPORTING THE POSITION OF THE APPELLANT AND INTERVENORS IN THE CASE OF COUNTY OF ORANGE, ET AL., vs. V. A. HEIM, INVOLVING THE BACK BAY LAND EXCHANGE WHEREAS, on December 6, 1968, the County of Orange and The Irvine Company filed a lawsuit in Superior Court against the County Auditor for the purpose of testing the validity of a proposed agreement and statute to effect and permit the exchange of certain property involving tidelands located in Upper Newport Bay and held by the County of Orange in trust for the public under a State grant; and WHEREAS, following the intervention in the lawsuit by certain citizen taxpayers and a subsequent ruling that the disputed agreement was valid and constitutional, the County Auditor and the intervenors appealed the decision to the District Court of Appeal of the State of California; and WHEREAS, the citizens of the City of Newport Beach have expressed concern over the loss of the natural values of Upper Newport Bay, which natural values would virtually be eliminated if the land exchange is completed; and WHEREAS, although an environmentally healthy Newport Bay is crucial to the well -being of the City of Newport Beach, the environmental impact of this trade on the entire Newport Bay has never been determined; and WHEREAS, City Council Policy H -2 was amended on February 14, 1972, to reemphasize the determination of the City Council, through cooperation with the private land owners, the County of Orange and the State of California, to preserve and create the best possible total environment in the City of Newport Beach; and WHEREAS, by Resolution 7645 dated March 13, 1972, the City Council joined with the County of Orange in requesting the Department -1- r � of the Interior to investigate the possibility of preserving Upper Newport Bay as a wildlife sanctuary and urging appropriate Federal and State agencies to make necessary studies; and WHEREAS, it is apparent that the land exchange agreement between the County of Orange and The Irvine Company, which is the subject of the appellate court litigation, would not be in the best interests of the citizens of Newport Beach, nor would the land exchange be in keeping with the Council's policy relative to the future of the Upper Newport Bay; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach supports the position of the appellant and the intervenors in their appeal before the California District Court of Appeal; BE IT FURTHER RESOLVED that the City of Newport Beach offers to cooperate with the County of Orange and all other appro- priate agencies, private land owners, and institutions in order to arrive at the best possible plan for the preservation and enhance- ment of Upper Newport Bay. ADOPTED this 12th day of June, 1972. ATTEST: City Clerk -2- Mayor DON:mh 6/13/72 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY lj OF NEWPORT BEACH SUPPORTING THE POSITION OF THE APPELLANT AND INTERVENORS IN THE CASE OF COUNTY OF ORANGE, ET AL., vs. V. A. HEIM, INVOLVING THE BACK BAY LAND EXCHANGE WHEREAS, on December 6, 1968, the County of Orange and The Irvine Company filed a lawsuit in Superior Court against the County Auditor for the purpose of testing the validity of a proposed agreement and statute to effect and permit the exchange of certain property involving tidelands located in Upper Newport Bay and held by the County of Orange in trust for the public under a State grant; and WHEREAS, following the intervention in the lawsuit by certain citizen taxpayers and a subsequent ruling that the disputed agreement was valid and constitutional, the County Auditor and the intervenors appealed the decision to the District Court of Appeal of the State of California; and WHEREAS, the citizens of the City of Newport Beach have expressed concern over the loss of the natural values of Upper Newport Bay, which natural values would virtually be eliminated if the land exchange is completed; and WHEREAS, although an environmentally healthy Newport Bay is crucial to the well -being of the City of Newport Beach, the environmental impact of this trade on the entire Newport Bay has never been determined; and WHEREAS, City Council Policy H -2 was amended on February 14, 1972, to reemphasize the determination of the City Council, through cooperation with the private land owners, the County of Orange and the State of California, to preserve and create the best possible total environment in the City of Newport Beach; and WHEREAS, by Resolution 7645 dated March 13, 1972, the City Council joined with the County of Orange in requesting the Department -1- of the Interior to investigate the possibility of preserving Upper Newport Bay as a wildlife sanctuary and urging appropriate Federal and State agencies to make necessary studies; and WHEREAS, it is apparent that the land exchange agreement between the County of Orange and The Irvine Company, which is the subject of the appellate court litigation, would not be in the best interests of the citizens of Newport Beach, nor would the land exchange be in keeping with the Council's policy relative to the future of the Upper Newport Bay; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach supports the position of the appellant and the intervenors in their appeal before the California District Court of Appeal; BE IT FURTHER RESOLVED that the City of Newport Beach offers to cooperate with the County of Orange and all other appro- priate agencies and institutions in order to arrive at the best possible plan for the preservation and enhancement of Upper Newport Bay, commensurate with public tidelands trust purposes. ATTEST: ty Clerk ADOPTED this day of June, 1972. Mayor -2- DON; mh 6/7/72 MAY 22 1972 BY +he CITY COUNCIL CITY of NEWPORT BEACH Office of CITY ATTORNEY To: The Honorable Mayor and Members of the City Council From: City Attorney May 22, 1972 Subject: Upper Newport Bay Land Exchange Litigation HISTORY OF THE LAND EXCHANGE Most of the water area in Upper Newport Bay is owned by the County of Orange as a result of a tidelands grant from the State of California which occurred some time in 1919. Most of the land surrounding the upper bay, as well as three islands in the center of the bay, is owned by The Irvine Company. Plans for the development of the upper bay were first conceived over 30 years ago. During the early 1960s, it was decided that the Upper Newport Bay would best be developed as a small boat harbor, similar to the Lower Newport Bay. In part, the plan called for the dredging of the back bay and the exchange of the tidelands belonging to and held in trust for the public by the County for some of the Irvine lands. Implementing the land exchange (trans- ferring public tidelands to private ownership), however, was pro- hibited by the express language contained in the tidelands grant, as well as Article XV, Section 3 of the California Constitution. 1957 LEGISLATION In 1957 the State Legislature enacted which authorized the County of Orange submerged land for upland owned by The make possible the development of Upper LAND EXCHANGE AGREEMENT a special legislative act to exchange filled, tide and Irvine Company in order to Newport Bay as a harbor. On January 13, 1965, two agreements were executed between the County and The Irvine Company in pursuance of the proposed exchange: (1) The land exchange agreement, and (2) the dredging and land fill agreement. Re: Upper Newport Bay Land Exchange Litigation -2- May 22, 1972 EXCHANGE LITIGATION In order to test the constitutionality of the 1957 statute, it was necessary to have adverse parties before the court. It is custo- mary in.this type of litigation to have a County official, such as. the County Aduitor, refuse to carry out some essential step re- quired to effectuate the purpose of the statute. In the case of the .upper bay land exchange, the County Auditor refused to issue a warrant to pay the County share of the cost of a soils investiga- tion conducted pursuant to the dredging agreement between the County and The Irvine Company. On December 6, 1968, the County and The Irvine Company filed a law- suit against the County Auditor in Superior Court to compel the Auditor to _approve the payment of the charges incurred as a result .of the soils investigation work. The real purpose of the suit was to have the land exchange and dredging agrements declared valid, as well as the 1957 statute held constitutional. After filing of the action in Superior Court, a complaint in inter- vention was filed by Frank and Frances Robinson, and others, as residents and taxpayers of the County of Orange, alleging among other things that the 1957 statute was unconstitutional and that it violated certain provisions of the State Constitution which limit and restrict transfer of tidelands to private persons or corporations. The trial court approved of the Orange County and Irvine Company plan of exchange and found that the 1957 statute was constitutional on the grounds that the exchange was permissible in that it would be beneficial and desirable for the public. The County Auditor and the intervenors have appealed the trial court's decision to the District Court of Appeals. Their principal contention is that the tidelands should be used for public trust purposes and not for pri- vate development consisting mainly of homes and commercial marinas. In January of 1971, the membership of the Board of Supervisors changed, and shortly thereafter the new board unilaterally rescinded the land exchange agreement with The Irvine Company. The Irvine Company sub- sequently sued the County for specific performance of the contract, and that suit is presently pending in Superior Court. CONCLUSION It should be apparent from the foregoing discussion involving the history and litigation connected with the back bay land exchange Re: Upper Newport Bay Land Exchange Litigation -3- May 22, 1972 that the case deals with broad constitutional issues involving control over .public tidelands. The appellant, County Auditor, and the intervenors have filed their opening briefs with the District Court of Appeals. The respondents, County of Orange, and The Irvine Company, have until ,Tune 19 to file their briefs. It seems unlikely that the County will file a brief in light of its action in rescinding the land exchange agreement. At this point, it is impossible to predict how long this litigation will continue before it reaches a conclusion. It seems most probable that the case will eventually wind up in the State Supreme Court. DENNIS O'NEIL City Attorney DON dm cc: City Manager City Clerk Community Development Director I - .D.1 . ..... 197? COPIES SENT TO: llnor ED ❑ 1% uFkr ofro"m Newport teach CCommc�a 3 300 Newpottt Bo u. at&*- Nwpo,tt 'ISe,,A, CaUfo4n'ia Newpott Beach:, CaUjo4nia lay 3,t4 1 9 7 2 MAY 22 1972 By the CITY COUNCIL CITY 0;1 ra a roc g7 RiACH /&t� atte"twn 4.d, cau,--d to -the enc)xdz4 tym �atwtp- og the upper Back 6ml. pant conttovotdieA on tki/, 4tZjec4 wob6u app&eciate. yo" coax&&" We who .Live 6", can do waethinf, P hope, and qou,t gtRat help 44 do needed, and app&ecicyted. What can toe do to be he4jat ? 252 ! al r etdi4j p / f• ca lVon, bawi4 C. Ca,�? vlte2, SWtot i�ob4C. &Aam, i944--464man., 't pitot Cdito,ti.t H 46 i !dcu e, you 4een the Back. I'cy tately ? ............... R va.1t open apace denuded o$ water. r7 dt4" huce ✓2,-d hole that ,te'] 'b.re'4 ca auap hote. o2 awamp, Upopt . which P "Aato tq btAd,. mP and hatch thew; ar4,1, ao that othek migAxLto tq b.,,ula. "'ml do l..t ke ,I loop. of wtte& deAodati:on its the MuLd of rnowhet -, yet in v,ieo of, and dwt&ounded by .iswcurnencdlle horre4 og' coatly dturcfivae, and hd;h t cea H pot ticat football_(, etween two oopodinf po4itica.G Jgct 'Ona, neiaw't op/wlueh deem ,,),y rateAto do, opt aucr A atoll hire hetp jul,,, o2 azarwu tut, ao that it', beow,&t aA a codo2$uG lake ( oa l3a j, ) wl be Ai t i,* to -it'a hi.rhe'st pountr:aG got the benefit of aGL. !'J.i th ao o eav parr, an -i t'a. nata4,at a Late. it could be- coma beaut ,, vt path in a ,vooday aeabV, -o2 c.1 a Mate 02 Coveanmvrafi conficolLed w Jd Gige przazwa Jhr e ;'t i'J' --- a ti god it, aritesxd irm it to be ).ovety Lot a, to behot4 to hate, and to protect. 'e aw, tovjlAi u:. bttai",i itcw_ a.,tently, aa. they have throurrh -the eentarn� woitZlt -ca,Tinq into the huge basin that once woi a gteat lake o2 b 1, : Yuj lwA th A aAgat poternti.aL been bypaaaed ? l!lhat meat good can be apptZed to -it'a. ue.e ? C X.P. Rave, you aeen the 6ae( gay lately ? 1144u, C..%1,C. CA A^I Vii' c A/4 MAY 2z 197[ By the CITY COUNCIL CITY � �14g "7 c �' ' PZACH 'ADRIAN KUYPER COUNT' CO."... CLAYTON H. PARKER C4I%V ASSISTANT ROBERT F. NUTTMAN WILLIAM. J. MCCOURT ASSISTANTS ;JOHN M. PATTERSON ARTHUR C. WAHLSTEOT: JR. JOHN W. ANDERSON RADNAR R. ENGEBRETSEN LAURENCE M. WATSON THOMAS P. CONROY VICTOR T. BELLERUE JOHN R. GRISET , JO"-% F. POW ELL CHARLES B. SEVIER WALTER O. WEBSTER IRYNE C. BLACK .RALPH W. BENSON MARVIN O. WEEKS SPENCER E. COVERT. JS. DEPUTIES 35 -r OFFICES OF THE COUNTY COUNSEL County Of Orange COUNTY ADMINISTRATION BUILDING • P.O. BOX 1379 • SANTA ANA. CALIFORNIA 92702 • 009.8300 b ]q1[ April 25, 1972 IN REPLY REFER TOI B -505 H_ /. (N ) Honorable Board of Supervisors County Administration Building 515 North Sycamore Street Santa Ana,.California SUBJECT: Possible Prescriptive Rights Action in the Upper Newport Bay Area NARRATIVE: This is a recitation of the evidence leading up to a recommendation. that the Board authorize the filing of an action to determine whether the public has prescriptive rights over certain properties in and surrounding the Upper Newport Bay. Gentlemen: By letter of May 28, 1970, this office reported to the Board of Supervisors that there was evidence that there were prescriptive rights existing over certain properti.es in the Upper Newport Bay.. To confirm this evidence, authorization j was sought to place advertisements in various newspapers to secure witnesses. The Board, by minute order of June 2, 1970, authorized such advertising. At least several hundred persons indicated ability to give evidence of continued, unobstructed use of such lands for long periods of time, proving the existence of such pre- scriptive easements pursuant to the 1970 California Supreme Court decisions, Gion v. City of Santa Cruz and Dietz V. King, 2 C.3d 29. A report was made to the Board June 19, 1970, but no further action was undertaken until a new report was di- rected January 12, 1971. On receipt of reports from this office and that of the Department of Real Property Services, a Hon. Board of Supervisors April.25, 1972 Page two recommending the necessary action of surveys and legal descriptions preparatory to a lawsuit, the Board on April 13, 1971,_ ordered the County Surveyor to prepare the necessary metes and bounds descriptions. The County Surveyor's work was completed and submitted to the Board March 28, 1972. Because, in the interim, the Irvine Company had brought a new lawsuit against the County concerning the re- scission of the Upper Newport Bay exchange agreement of 1965, and private counsel, Mr. Herman Selvin, represented the County in such litigation, the.Board postponed action in this matter until consultation with Mr. Selvin. This was done in execu- tive session April 18, after which the Board requested this summary and recommendation. This office believes there still exists substantial evidence that the public, for long periods of time, has freely used private property in and around the Upper Newport Bay for a wide variety of purposes, and, under the doctrine of the Gion and Dietz cases, has therefore established ownerships of easemetts tFereon. Litigation is necessary for a legal determination of this fact. RECOMMENDATION: That the County Counsel be directed to institute litigation to establish public prescriptive rights in and across private property in the vicinity of the Upper Newport Bay. Respectfully submitted, AK:sd 7 ADRIAN KtITPER County C4insel CITY OF NEWPORT BEACH Office of CITY ATTORNEY April 24, 1972 Tod The Honorable Mayor and Members of the City Council From: City Attorney Subject: Public Access Rights Across Irvine Company Lands to Upper Newport Bay At its meeting of March 27, 1972 the City Council referred a letter from M. A. Sturges to the City Attorney for a report. Mr. Sturges' letter requested that the Council direct the City Attorney to file a court action to acquire certain pre - scriptive easements across Irvine Company land for access to the Upper Bay, on the theory of long -term public use. Approximately one year ago, the Orange County Board of Super- visors instructed the County Counsel to obtain maps and legal descriptions showing potential areas around the Back Bay where continuous public use over a number of years may have developed prescriptive rights of access to the bay across the privately owned property. In addition, the County Counsel was instructed to prepare affidavits to be signed by individuals who had for a considerable time been crossing over Irvine property to get to the Bay. The maps and affidavits were submitted to the Orange County Board of Supervisors on March 28, 1972. The Supervisors in- dicated that they would consult with the attorney who is representing the County in the land exchange litigation be- fore filing the prescriptive rights suit. Barring objections from its special legal counsel that the new legal action may have an adverse effect on the land exchange litigation, the County will proceed with filing prescriptive rights suits against the Irvine Company to test whether previous public use has developed the prescriptive rights of access. To: Mayor and City Council Res Public Access Rights -2- April 24, 1972 I have discussed this matter with the County Counsel and he has Indicated-that the.executive session with the Board's special legal counsel will be held soon. I will contact the County Counsel's office within the next week for a status report. Based on the foregoing information, and in order to avoid a duplication of effort, it would seem advisable to allow the County Counsel to proceed with the filing of the appropriate legal action. The City of Newport Beach could join with the County at a later date. e. Earn cc: 'City Manager City Clerk ENNIS O'NEIL City Attorney N C17), F 192 p� E4VPpRT B �Uf, racy 6 M. A. STURGES ATTORNEY AT LAW 2219 FORTUNA. NEWPORT BEACH, CALIF. 92660 City Council of Newport Beach / ✓ A F� % 1972 City Hall Newport Beach, California BY the C;'fY CODUCIL CITY CN AIRF'TVF.G) riZACH 355 6M -1557 u,fe MAR 15 1972 "......... M)NFS SENT TO: I .eur +scr March 13, 199 �. i;. Nprka Ulrcegq L; ❑ ouoc:lmeut DEMAND FOR PROCEEDINGS TO TERMINATE A PUBLIC NUISANCE AND TO BRING AN ACTION TO BRING JUDICIAL DECISION THAT CERTAIN PRIVATE LANDS WITHIN CITY LIMITS HAVE IN EFFECT BEEN DEDICATED TO PUBLIC USAGE, Y4--1 (k (1) (2) A few days ago I was driving in a westerly direction on Bayside Drive. A woman pedestrian was proceeding also in the same direction next to the curb. I veered slightly to the left to pass her when a car on my left overtook me and then veered right, causing me to almost hit the woman. She fell against the woven wire fence which is just behind the curb, Fortunately, I stopped in time. This fence was illegally installed by the Irvine Co, This Tract 3867 (sheet 2) Improvement Plans 1131172, provides for a set -back of 5 -1/2 feet from the curb (sidewalk). As the fence now stands, it is a public nuisance and could lead to costly claims of people injured by reason thereof abated forthwith. Demand is made that this nuisance be For fifty odd years the general public has used lands at the head of the upper bay for shooting, fishing and boating (before it silted up), picnicking and related activities. Recently the Irvine Company, owner thereof has fenced off this property effectively denying public access thereto. Demand is herein made that the City Council, by appropriate action, direct the City Attorney to file action in the Superior Court of Orange County for judicial decree that said land has, by public use and passage of time, been dedicated to public usage. :i A. SS ges 641.1557 Qi.'�7` WK M. A. STURGES ��h1R 1 ,j 1972.► 5 ATTORNEY AT LAW . �t CITY OF 2219 FORTUNA, NEWPORT BEACH, CALIF. .92660 -� NEWPORT BEACH, 6 p\ CALIF. March 13, 1972 City Council of Newport Beach City Hall Newport Beach, California DEMAND FOR PROCEEDINGS TO TERMINATE A PUBLIC NUISANCE AND TO BRING AN ACTION TO BRING JUDICIAL DECISION THAT CERTAIN PRIVATE LANDS WITHIN CITY LIMITS HAVE IN EFFECT BEEN DEDICATED TO PUBLIC USAGE. (1) A few days ago I was driving in a westerly direction on Bayside Drive. A woman pedestrian was proceeding also in the same direction next to the curb. I veered slightly to the left to pass her when a car on my left overtook me and then veered right, causing me to almost hit the woman. She fell against the woven wire fence which is just behind the curb. Fortunately, I stopped in time. This fence was illegally installed by the Irvine Co. This Tract 3867 (sheet 2) Improvement Plans 1131172, provides for a set -back of 5 -1/2 feet from the curb (sidewalk). As the fence now stands, it is a public nuisance and could lead to costly claims of people injured by reason thereof. Demand is made that this nuisance be abated forthwith. (2) For fifty odd years the general public has used lands at the head of the upper bay for shooting, fishing and boating (before it silted up), picnicking and related activities. Recently the Irvine Company, owner thereof has fenced off this property effectively denying public access thereto. Demand is herein made that the City Council, by appropriate action, direct the City Attorney to file action in the Superior Court of Orange County for judicial decree that said land has, by public use and passage' of time, been dedicated to public usage. furges M, A. I TV O F MAR 13 1972 Ai,N 43 F— By the CITY COUNCIL �;7Y ter. I �:: :: t•�7 gGAQht ROAD DEPARTMENT February 15, 1972 Honorable Board of Supervisors County of Orange Santa Ana, California SUBJECT: Gentlemen: E L. MCCONVI.LLE ROAD COMMISSIONER AND COUNTY SURVEYOR ENGINEERING BUILDING 400 CIVIC CENTER DRIVE WEST SANTA ANA, CALIFORNIA. 92701 TELEPHONE 714 - 894 -9458 Report on fencing in Upper Newport Bay area and on maps and legal descriptions for determination of public easements pursuant to Board Minute Order dated December 21, 1971. Field surveys by the County Surveyor have revealed -that some of the fencing recently installed around Upper Newport Bay encroaches upon public rights of way. The location and extent of these encroachments are shown in red on the attached map. The rights of way involved are those for Back Bay Drive, Irvine Avenue, and 23rd Street. All of these rights of way are under the jurisdiction of the City of Newport Beach. None of the fencing encroaches on county property. In regard to the maps and legal descriptions for the determin- ation of public easements in the Upper Bay area all surveys and computations have been completed and our estimated completion date for the maps and descriptions is March 1st. RECOMMENDATION: None. Respectfully Road Commissioner & County Surveyor LMCCsRVWsik Enclosure coos Supervisors Battin, Baker, Phillips, Clark, Caspers Mr. Thomas Mr. Kuyper C. EACH SUP, AO y Co Co r J FEB 2 5 1912 Dale COPIES SENT lee Moor I,nnnger vw' ;i Work. Dirmtom .aieg Uireelaz Illhrr Comcilaep MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA February 22, 1972 ,i 'ycl} 0/' fo o \„ (9; 2� �/ -- 0 I23 Da.Ti: REPORT FENCING III UPPER NEUlPORT BAY .".`iEA AI' D 0:T MAPS A,:D LEGAL DESCRIPTIONS FOR DETERMINATION OF PUBLIC EASEMENTS On motion of Supervisor Caspers, duly seconded and unanimously carried, the report dated February 15, 1972, submitted by the Road Commissioner and County Surveyor, regarding fencing in Upper Newport Bay area and on maps and legal descriptions for determination of public ease- ments, is received and ordered filed and the time for completing maps and descriptions is extended to March 1, 1972. The Clerk is instructed to forward a copy of said report to the City of Newport Beach. IN RE: NOISE REGULATIONS FOR CALIFORNIA AIRPORTS CONTINUED O:2 motion of uupery isor Phillips, u"Uy oeconded and unanimously carried, the matter of Notice Regulations for Cali�ornia Airports, sub- mitted by the Director of Aviation in his letter dated February 7, 1972, is continued to February 23, 1972, for a report from the Airport land Use Commission. IN RE: SOUTH COAST SCENIC IMPROVEMENT PROJECT On motion of-Supervisor Caspers, duly seconded and unanimously carried, the review of the South Coast Scenic Improvement Project by the Ocean and Shoreline Planning Steering Committee, as set forth in their letter dated February 14, 1972, is ordered referred to the Orange County Planning Department and the Orange County Road Department for review and report. IN RE: ADDITIONAL REPORT POLICY IMPLICATIONS OF MEDI -CAL REFORM (AB 949) On motion of Supervisor Clark, duly seconded and unanimously carried, the additional report dated February 14, 1972, from the Orange County Medical Center on the Policy Implications of Nedl -Cal Reform (AB 949), discussing a revised approach on Co- Payment requirements, is received and ordered filed. 101 9.2.2 March 13, 1972 Misi Karen Olsen 208 Dahlia Avenue Corona del Mar, California 92625 Dear Miss 01sen: You may .rest assured that thii City is working diligently on the best use of the Back Bay. We have had an activew`£ study in this field for two years and are continuing to w search for the necessary information to solve the prob- tems involved. We are well aware of the great ecological t value of.,the i R`6ap °and are dedicated to work toward _, r its preservation and enhancement and - you, mayr rest•asaured .' it- x11.1 be protected: ,';'r„ .: v tiL f�� `r• Your interested is appreciated,. le" Sincerely, E. F. HIRTH Mayor EFH.:pg: OA W L, a 7'111, uarh n � � Qil`1 rid \c , r T�lui?4\i4.}u j�. -u1nG Gl _ fiC }(()rnd I)7P 13�e � ! )I)( {f2 fckl�. j 1l \i -i�C }U L1 Ii L Il,th i 6 4, v \ V,'TSE I CY CITY OF NEWPORT BEACH CALIFORNIA nw city HaIl 3300 Newport Blvd- (714) 673 -2110 March 14, 1972 Dr. Ronald B. Linsky Director, USC Sea Grant Program University of Southern California University Park Los Angeles, California 90007 Dear Dr. Linsky: Thank you for your letter of 28 February. It is regrettable that you feel that our mutual interests are not compatible at this rime. The City has, indeed, revised its planning program along the lines mentioned in your last para- graph. I am sorry that you cannot at this time be responsive to the revision which will, in our view, establish a more deliberate, better coordinated, long -range program. We realize that time and effort has gone into our planning program on both your part and the part of our staff. while we must now bend our efforts toward obtaining competent consultant services from other sources, I will be happy to meet with you upon your return from the Far East. Very truly yours, E. F. HIRTH Mayor EFH /G10 /db cc: President John R. Hubbard Community Development Director ADRIAN KUYPER CONN Y COUNSEL CLAYTON H. PARKER CXIE, ASS..,ANl ROBERT F. NUTTMAN WILLIAM J. MCCOURT AEr ISIA.1S JOHN M. PATTERSON ARTHUR C. W HLSTEDT, JR. JOHN W. ANDERSON RICHARD J. RANGER BARRY S. MICHAELSON TIMOTHY L. STRADE +R RAGNAR R. ENGEBRETSEN LAURENCE M. WATSON PATRICK J. DUFFY THOMAS P. CONROY VICTOR T. BELLERUE JOHN R. GREET DEPUTIES OFFICES OF THE COUN COIJN1 S E L County Of Orange COUNTY ADMINISTRATION BUILDING AUU 1969 By the CITY COUNCIL CITY OF NEWPORT BEACH Honorable Board of Supervisors County Administration Building 515 north Sycamore Street Santa Ana, California AND P. 0. Do 131! ", L "X`L^�.1*�4:ITa. -:1 SANTA ANA. July 30, 1969 Other Affected Governmental Jurisdictions'� A��::1 wu3 C1v Of <rE�VPOftT BXIAI 839.3300 IN REPLY REFER TO: B- 340.4• is BUNT TO: —' 1'uLlir N`nrk- llirectsL yI 19a miing Ilirecror �:uuncilmen: %i7':LW01/ RE: Assessment of Property in the Vicinity of Upper Newport Ba.v Gentlemen: I am in receipt of a copy of a letter, addressed to the Board of Supervisors, dated July 17, 1969, from the office of the County Assessor which alludes to certain "distinct and unresolved problem areas" in the assessment roll which he has compiled and delivered to the County Auditor. (11is letter claims copies were sent to "affected local governmental juris- dictions" but in the event you did not receive a copy, I enclose one.) The letter refers to two "problem areas." The first is that the Assessor has not assessed the agricultural preserve areas as such and intends to revalue such properties during the coming months. The implication is that he has therefore over - assessed such properties and the taxing entities relying on these assessments should be prepared to face a loss of assessed value in the revaluation. The second "problem area" is the assessment of properties in the vicinity of the Upper Newport Bay. Although the Assessor does not promise, nor indicate a need to revalue such property, he does allude to a "final resolution?' which "will. have property tax revenue effect." I can only assume that he is again implying these properties are overassessed and he is therefore warning that reliance upon the figure he has placed on the roll may be somewhat misplaced. *(List of recipients of this letter shown on last page.) Hon. Board of Supervisors and Other Affected Governmental Jurisdictions Jul;, 30, 1969 Page two You may or may poi: be aware of the history of the Assessor1s position, regarding the properties within the Upper Pay, p< ^rtic*kl- larly Curing the past year. I would not trouble you with sv ^h history except that the m^tter h:.t now reached the state -,here sizable portions of assessable prope Ly may be irretrievably lo=t to those governia -enual agencies depe- aden.t upon property taxation for their -support. I do riot quarrel with his vale. !t .on.. That is not my province:. M-at concerns me is that in ccap'Aing the roll this year, the Assessor has deli_b erat(-ly included. properties which are clearly tax - exempt with properties -,which are clearly taxable. In Februnry of this year The Irvine Company, as part of the Upper Fay Exchange, crrly yed to the Ccurity of Orange certain of its properties in tha Upper Newport Bay. The Assessor has in- cluded in substantially one parcel not only the land so conveyed, but also properties belongint; to the Company that were heretofore taxable and were not included in the conveyance. The Assessor 1,as al`-Q, included hail prel;liq:!,.`Sll v,1:�,r: i,, and in the Upper Ne;,per: Bay neveryasscssed to any crtity. Tire Assessor- hzis also included the area kncwn as Newport Dunes, which are tidelands owned by the County of Or_.nge, develop :id by the County and its lessee, in which The Irvine Company never had and, in the foreseeable future under any agreement, never will acquire airy interest. All these lands are assessed to "Tire Irvin. Company, e*_ zl." I believe that there is substantial doubt th4t these p.-reels, as such, are assessable to the Company. They are not assessable to the County. County lands are exempt by the Cal £o'rr.ia Consti- tution, Article 13, Section 1. It is the Assessor's duty to assess property whichh is riot tax - exempt. Sections 405 and 61.6. Revenue and Taxation Code. There is authority to the effect that unless he makes sufficient descriptions of the new parcels -- that is, the parcels clearly remaining in private ownership -- the assessments will be void Smith vs. CitZ_2f Los Anjeles, 158 C. 7022 707, Lake County vs -Sir -Fiix° Rar1k Quicksiivet iTi.riinna Co., 66 C. 17; Si.rai vs 2iu1�$�i +.K- L 'LTf,"ZTi -2 Sccs. T1I and 602(b), uev. an-lc T3:. Code. Mingling lands which are exempt with those assessable may void the entire bssessmcnt. San Pedro, etc.. Railroad Co. vs Los Angeles, 180 C. 1.82 27. On May 27, 1969, the Board of Supervisors ordered ca;icel- lation of taxes on the property conveyed. by The Irvine Company to the County. The Auditor has refused to cancel the taxes, but ro Hon. Board of Supervisors and Other Affected Governmental Jurisdictions July 30, 1969 Page three it should be made clear that the subject of this letter is a different issue. The Assessor has now, in effect, combined various properties so as to include some clearly remaining in private ownership and some clearly never heretofore assessable with those which were private and were conveyed to the County and over which the aforementioned dispute of tax cancellation arose. I feel it is my duty to underscore the implied admissiOTLS in the Assessor's letter of July 17 as to the jeopardy of these assessments. There is every indication that these deliberate acts of the Assessor to comingle, and to refuse to describe new parcels, may render these new assessments void. Respectfully submitted, ADRIAN KVYIPER County Counsel AK:sd encls. cc: V. A. Heim A. J. Hinshaw R. E. Thomas H. G. Osborne K. Sampson Other Affected Governmental Jurisdictions: City of Newport Beach Newport -Mesa Unified School District Orange Coast Junior College District Orange County Cemetery District No. 1 Orange County Mosquito Abatement District Orange County Sanitation Districts Nos. 5, 6, and 7 Metropolitan Water District of Southern California Orange County Municipal Water District Costa Mesa Water District Orange County Water District Irvine Ranch Water District Coastal Municipal Water District Cs' L= OFFICE OF THE ASSESSOR July 17, 1969 Honorable Board of Supervisors Administration Building, Room 605 515 north Sycamore Street Santa Ana, California Gentlemen: ANDRIM J. 111NSHA17 COUNTY ASSE550R TELEPHONE: 834.2727 AREA CODE 714 630 NOSjH BROADWAY P. O. DOX 149 SANTA ANA. CALIFORNIA 92702 For your information I delivered the 1969 Orange County Assessment Roll to the County Auditor on July 14, 1969. This Roll shows a total assessed valuation of $3,283,915,223. I have attached a detailed breakdown of this year's Assessment Roll with appropriate comments and comparisons with last year's Assess- ment Roll. The 1969 Assessment Roll includes assessed valuations of two distinct and unresolved problem areas to which I wish to specifically direct your attention. The first of these is the valuation for those lands which have been designated as Agricultural Preserves and for which Agricultural. Pre- serve agreements have been signed. Assessed valuations for these properties are presently showing on the Assessment Roll as if they were not so designated as Agricultural. Preserve lands. The reason for this is that the Agricultural Preserve designations and final written agreements were not executed on a basis timely enough to permit proper scheduling of appraisal workload and the acquisition of sufficient additional appraisal staff to over.ceme the added burdens posed by these agreements. It -is the intention of this office -to revalue these properties during the coming months. We will use the mechanics of the assessment equalization process to make any warranted adjustments in the present assessed values of such lands. 1_ e--*, Boaret. of Supervisors July 17, 1969 Page 2 Listed below are the Agricultural Preserve areas for which agreements have been signed: Name Size 1969 LAND 4 Appraised Value Assessed Value 1. Lacouague 260 acres $ 598,520 $ 149,630 2. Douglass - Sunkist 92 acres 1,388,320 347,080 3. E1 Toro 80 acres 549,520 137,38.0 4. Platz 118 acres 130,880 32,720 5. Nohl 2,360 acres 1,368,480 342,120 6. Larson 10 acres 105,600 26,400 7. Mission Viejo 28,976 acres 1.5,082,160 3,770,540 8. Irvine 49,253 acres 98,936,920' 24,734,230 TOTAL 81,149 acres $118,160,400 $29,540,1.00 The second problem area is the assessment of those properties in the Upper Newport Day area which have become involved in the proposed trade of public tidelands between the County of Orange and The Irvine Company. For your ready information I have attached a copy of my letter to you dated Play 19, 1969. I formally presented this letter to you at the Board of Supervisors' meeting on May 20, 1969. This letter adequately summarizes the differences of opinion which exist between your Honorable Board and the Assessor's Office on this sub- ject matter. I feel I woulel be remiss in my duties if I did not value and place on this year's Assessment Roll an assessment for these lands in view of- all of the ramifications of this entire matter. Therefore, you sliould be advised that the total market value listed on the current Assessment Roll for the lien date, 1969, of the prop- erties in question, is $65,491,440. In conformity with our 25 percent assessment ratio policy, these lands have been placed on the 1969 Assessment Roll at $16,221,36b. I wish to bring these two problem areas to your.specific attention, and by copy of this letter to the attention of other zffected.local governmental jurisdictions, because the final resolution of each problem area drill have property tax revenue effect, of which you should be *,dare at this budget and tax rate adoption time. '� Poard. of Sup; rvisors July 17, 19G9 Page 3 I am not prepared nor could I conjecture at this time as tc the assessment adjustments for any budgeting agencies. Sincerely, 4 ANDREF%1 J..HINSHAW, County Assessors AJII c gf I Enclosures reoruary t, igiz Mr. RogNr J. Desautels President Archaeological Research, Inc: 1641 Monrovia Avenue Costa Mesa, California 92627 Dear Mr. Desautels: Your letter outlining the activities of the Irvine Company in supporting the archaeological research is greatly ap- preciated. Such 'activities are certainly worth general recognition. Your request for encouraging other organizations along this line will be borne in mind. If an opportunity does arise, we certainly will follow your request. Very truly yours, E. F. MIRTH Mayor EFH.pg i i BOARD OF DIRECTORS ARCHAEOLOGICAL RESEARCH INC. 1641 Monrovia Avenue Costa Mesa, California 92627 (714) 645 -0835 ROGER J. DESAUTELS President & Chairman. FILE RTH S. ERICKSON Executive Vice President JACK C. COLLINS Vice President Public Relations Di,. Orange County A,D RICHARD A. SHIMMONS Director, EDP Research Systems Analyst, P$S, Inc. CLAUDE WARREN, Ph.D. Chrm. of Advisory Committee Department of Anthropology University of Nevada BOARD OF GOVERNORS LOWELL T. ANDERSON Attorney at Law ERIC T. HARDESTY Project Director, ARl MARGARET L. WEI DE, Ph.D. Department o f An thropology California State College Long Beach ADVISORY COMMITTEE KEITH A. DIXON, Ph.D. Department of Anthropology California State College Long Beach. RICHARD V. FISHER, Ph.D. Chairman, Dept. of Geology University of California Santa Barbara DAVID E. FORTSCH. Vertebrate Paleontologist L.A. County :Museum of Natural History TIMOTHY S. HILLEBRAND Anthropologist Occidental College OLE A. MATHISEN, Ph.D. Marine Biologist - lcthyologist University of Washington DWAYNE L. MERRY, Ph.D. Department ofAnlhropology Orange Coast College TODD OLSON Paleoanthropologist University of California Berkeley JAMESPRAGER President Trans Republic Insurance CHARLES E. ROZAIRE, Ph.D. Director, Archaeology L.A. County Museum of Natural History DAVID L. WEIDE Geomorphologist UCLA STUART L. WARIER, Ph.D. Biologist - Ornithologist California State College Long Beach MICHAEL O. WOODBURNE, Ph.D Paleontologist University of California Riverside PAUL G. CHACE Museum Technician Anthropology Bowers Museum FRANKLIN E. FENENGA Professor of Anthropology C. S.C.L.B. Historical: Advisor Mayor Edgar Hirth Newport Beach City Hall 3300 Newport Beach, Calif., Dear Mr. Hirth, TIFIC CORPORATION RECEIVED � =_\ JA�12`� 1972 Maio' la of MAP ; ix City, PD each , \ 25, 1972 The Irvine Company has announced a new 1972 grant to Archaeological Research, Inc. to coordinate scientific activities and projects on Irvine lands. This grant comes as a result of the successful com- pletion of a trial grant awarded during 1971. The program proved so successful and beneficial to the public interest that it will be continued through 1972. During the past year the salvage and protection of irreplaceable scientific resources on Irvine properties has included the following: (1) The removal and preservation of a unique paleobotanical discovery now displayed at Chapman College. A large ( 16 tons) specimen of this rare and possibly extinct tree species was donated by the Irvine Company to the County of Orange for exposition and future scientific study. (2) The investigation , salvage and preservation of important paleontological specimens found in a deposit on the east bluff of Upper Newport Bay. These unique specimens are currently housed and being studied at the Los Angeles County Museum of Natural History by several Southern California Universities. (3) The salvage of what has proven to be a uniqie archaeological site ( Ora 64) on Irvine lands. This site was excavated with the cooperation of California State College at Fullerton. The Irvine Company has since been commended by the college for its interest and cooperation. (4) For the first time in its 40 year history the Orange County Historical Society presented its annual award to a com- mercial organization - The Irvine Company. The award was made to Irvine for it's efforts in preserving the county's scientific resources. These outstanding achievements have been coupled with a continuous survey and inventory of scientific resources on the property. I am writing to urge your cooperation in implementing and encouraging similar programs with other private companies in California. The example set by the Irvine Company in 1971 proves how worthwhile and beneficial such programs can be when sponsored by private developers. If all companies were to exhibit similar concern we would have very little worry concerning the fast diminishing scientific resources so important to the public and more importantly, to future generations of Californians. Sincerely, R#gr Desautels President Archaeological Research, Inc'... RJD /nlh FRIENDS OF NEWPORT BAY BOX 4088, IRVINE STATION '- NEWPORT BEACH, CALIFORNIA 92664 NEWSLETTER JAN 2 41972 ,, 7 12 7"'► c ry � Nf{y F C F EA &y ;! By fhe CITY COUNCIL ' *` CITY ?! 4PWPm1kT REACH nni DECEMBER MEETING... INSTRUCTIVE AND BEAUTIFUL... ARY 1972 excellent films were viewed by a good - sized audience at the Membership Meeting on ASS December 6. One of the films showed the extent of public and official involvement in a move to clean up Monterey Bay and protect it from pollution. The second was a lyrically beautiful series of scenes along the Pacific shore. In addition, your president, filling in for a speaker who couldn't make the meeting, presented a brief review and update on the status of the Upper Bay. IT'S YOUR BAY- - -USF. ITI!1 A woman attending the December walking tour of the Upper Bay expressed surprise upon learning that she could come back any time she chose. It isn't known how many people feel, as she did, that she couldn't visit the bay without an invitation. But one of the most important facts to establish firmly for the Department of Interior is the high level and wide variety of uses of the Upper Bay even in its present damaged state. Back Bay Drive is a public street, and the tidelands (most of them) and the waterways are public property. You are urged to use it for hiking, nature study, fishing, canoeing, biking, etc. WINTER & SPRING TOURS SET... Dates for the next three walking tours of the Upper Bay have been set by Tour Chairman Hans Ewoldsen. They are all Saturdays at 9 A.M. - -- January 1$, Feburary 19, and Marclp „, ,I1�AN 111977 ... ........ .. .......... _.._.� They will start at the corner of Eastbluff and Back Bay Drives. COPIES SENT TO: L. � racy IN Warke UpeelW 01 -nndng Wi tm ff1Ither aA -fry .n - --------- FRIE:!N OF NEV.frO^,T BAY Fe�. - , : -1 1 1,- 301.1 ' NEWPORT BEACH, CA. 9ID664 Tor MAYOR ED HIRTH AND CITY COUNCIL 3300 NEWPORT BLVD. NEWPORT BEACH, CALIFORNIA ................. ....................... ---------- 92660 53-6r CITE" OF NEWPORT BEACH U' �° a CALIFORNIA quo �41pov \r city hall 3300 Newport Blvd. (714) 073 -2110 bcc: City Clerk January 7, 1972 Dr. J. R. Hubbard President University of Southern California Los Angeles,. California 90007 Dear Dr. Hubbard: The City of Newport Beach wishes to take this opportunity to make a formal request for the assistance and services of the Office of Sea Grant Programs, University of Southern California, in its long -range planning study for the Shoreline Element of the City's General Plan. The City of Newport Beach has met with members of the USC Sea Grant Program Staff including the Director, Dr. Ronald Linsky, and discussed this project in considerable detail. We have found a wide range of mutual interests and were particularly impressed by the match -up of capabilities of the USC Sea Grant Program and its personnel with the needs and objec- tives of our project. The Shoreline Element of the General Plan requires technical studies upon which to base decisions regarding construction of a new harbor, an additional entrance to the existing harbor, effect of a new harbor on uses in the existing harbor, and the optimum marine uses of three miles of undeveloped shoreline. Economic, environmental and social aspects, as well as physical aspects, .will be required as a basis for decision making. It is our hope that an initial feasibility study of the pro- posed new harbor can be completed by July, 1972, in order to make key decisions in other areas of our general planning effort. % Mr. George M. Dawes, our Harbor and Tidelands Administrator, is the project officer for our Shoreline Element. Should you approve this request, Mr. Dawes will contact Dr. Linsky in order to proceed with the necessary details. Your consideration of this request is greatly appreciated Very truly yours, E. F. HIRTH 1 Mayor EFH/GMD/db cc: Community Development Coordinator CALIFORNIA city Hall $300 Newport (714) 673 -2110 January 5, 1972 Dr. John R. Philp Mr. H. George Osborne Mr. Kenneth Sampson Gentlemen: I've received Mr. Stone's letter of 30 December containing recommendations to the UTewport Bay Water Quality Project leas: -. I agree with Mr. Stone and his associates that we adopt an organization to proceed with the project. The organization proposed in his letter appears to be suitable. I also agree that the designation of one person from our team as a chairman will serve to simplify administrative func- tions that are sure to follow. My feeling at this time is that Dr. Philp would be the logical choice in that his Department will have the major capability for executing a long term water quality monitoring program. I have separately replied to a letter from.Mr. Bueermanh volunteering the services of the T4whnical Advisory Committee, and have recommended to the Board of Supervisors that this offer be accepted. I am delighted to hear that Dr. Erman Pearson has been selected as a Project Advisor and that he will commence work on the 10th of January. I.regret very much that I will be unable to meet him at the 3:00 p'.m. meeting on 10 January due to a .Council meeting which involves a highly complicated and contro- versial subject. However, Mr. Dawes will represent me. I am looking forward to a meeting with you in the near future in order to pursue this very important project. Very truly yours , - "'e, Lz E. F. HIRTH Mayor EFH /GMD /db cc: Mr. Paul White i December 15, 1971 To The Honorable Board of Supervisors Orange County P. 0; Box 933 Santa Ana, Cali'forni'a 92702 Gentlemen-, The City Council on Dece0er 13, 1971, considered your recent action with respect to the protection and enhance- ment of the total environment of NIpor *•&ay• The Council wither to congratulate the Board on this farsighted action which is sorely needed.to protect and enhance this valuable public asset. .The Council noted the request that the Mayor of Newport Beach serve on the Steering Committee. I am haony to do so and would urge an early meeting in order that this important program can be co"nced. Sincerely, E. F. HIRTH Mayor EFH:ep cc: Kenneth Sampson, Director Harbors and Beaches J r J COUNCILMEN CITY OF NEWPORT BEACH MINUTES ?it9'i C�O'o ZZ f OCP� BOG N 9N L CALL November $, 1971 INDEX 10. The following Budget Amendments were approved: BA -37, $1, 705. 95 transfer of Budget Appropriations and decrease in Unappropriated Surplus for the City's share of the construction and right -of -way cost for the widening of Tustin Avenue from University Drive to Palisades Drive, from Unappropriated Surplus, State Gas Tax to Budget Appropriation, Widen Tustin Avenue between University and Palisades, Gas Tax Fund. (A report from the Public Works Director was presented.) BA -38, $890 transfer of Budget Appropriations for office equipment in the Community Development Department for new positions being recruited for PEP program from Salaries to Office Equipment, Com- munity Development, General Fund. (A report from the Community Development Director to the City Manager was presented. ) ADDITIONAL BUSINESS: 1. A report was presented from the City Manager re- Christm�- garding Christmas decorations and Christmas parking DecoratiJ; c ont r of . A display of Christmas lights and decorations by com- munity and /or business associations on City streets Motion x was approved, subject to the following conditions: Ayes x x x x x x (a) a written request from the participating community Absent x and /or business association, (b) approval of the Traffic Engineer, and (c) approval of the Utilities Superintendent; the display of Christmas lights and decorations at the intersection of Balboa and Newport Boulevard by Forgit Hardware was approved subject to the receipt of an insurance policy satisfactory to the City Attorney; and the covering of parking meters in the Balboa Peninsula business areas was approved, subject to the receipt of a letter from the related busi- ness association requesting a change in parking con- trol. 2. In compliance with Councilman Croul's request, it was Uppex agreed that the staff would bring back a report to Npt E Council on December 13 regarding barbed wire fence Fer,c. around Upper Newport Bay. Motion x The meeting was adjourned at 7:50 P.M. Ayes xxxxxx Absent x Volume 25 - Page 306 Lyyrii L�(2 �c G�- Z..1GL b By +he CITY COUNCIL CITY OF NSWPaRi BEACH /b ? r o, 1 RESOLUTION OF THE BOARD OF SUPERVISORS OF �i> o / 2 ORANGE COUNTY CALIFORNIA 3 November 30, 1971 4 On motion of Supervisor Caspers, duly seconded and carried, the 5 following Resolution was adopted; 6 WHEREAS, this Board has received an environmental study regarding 7 the waters of Newport Bay; and $ WHEREAS, it is apparent that work needs to be done to preserve 9 and improve the water quality and environmental protection of Newport 10 Bay. 11 NOW, THEREFORE, BE IT RESOLVED as follows; 12 (1) This County formally adopts a policy to protect and enhance 13 the total environment of Newport Bay through a planned program of water 14 quality monitoring and environmental protection. J ,Z 15 (2) This Board approves in principle, and authorizes i.mplemen- oo; EFZ16 tation of the environmental quality monitoring concept for Newport Bay oz< uo 17 and related watershed areas by the Health Department and the Flood Control 18 District, as described in the Health Department's report entitled "An 19 Environmental Quality Study of Orange County's Bays and Estuaries - A 20 Proposed Study Outline, November 16, 1971." 21 (3) It is the intent of this Board to employ a recognized 22 advisor in the field of estuarine environmental quality under a short - 23 term contract, to review the environmentdl problems of Newport Bay, 24 appraise the Current plans for.monitoring and control and advise the 25 Board on a total environmental program for all of Newport Bay and its 26 related watershed areas. 27 (4) This Board doss hereby appoint a project team consisting of 28 the Health Officer, the Chief Engineer of the Flood Control District, 29' the Director of Harbors, Beaches and Parks and the Mayor of Newport Beach 30 to oversee and review the monitoring program, implement the recommenda- 31 tions of the above - mentioned advisor and submit quarterly progress 32 reports for the Board's approval. ICHPrph Resolution No, 71 -1389 Approve 4 -Point Plan - Mater Quality Monitoring and Environmental 1. Protection of Newport Bay 1 AYES: SUPERVISORS RONALD W. GASPERS, WILLIAM J. PHILLIPS, DAVID L. BAKER, RALPH B. CLARK AND R.W. BATTIN 2 NOES: SUPERVISORS NONE 3 ABSENT: SUPERVISORS NONE 4 5 STATE OF CALIFORNIA ) ' 6 COUNTY OF ORANGE ) ss. 7 I, W. E. ST JOHN, County Clerk and ex- officio Clerk of the Board 81 of Supervisors of Orange County, California, hereby certify that the E 131 141 d ' 15,4 E" ° ` ° 17 o u 18 191 21 23 24 25 26 27 28 29 30 31 32 above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 30th day of November , 19 71, and passed by a unanimous vote of said Board IN WITNESS WHEREOF, I have hereunto set my hand and seal this 30th day of November , 19 71, FI°31 -24 W. E. ST JOHN County of th Clerk and ex- officio Clerk e Board of Supervisory df;;:;, Orange County, California "'. "• By pepu tt' c� ........... 1� 2. , Eel W. E. ST JOHN COUNTY CLERK U Wr Y C) - F @ TELEPHONE: 834-2206 AREA CODE 714 Ad ^1M 43 R COUNTY ADMINISTRATION BUILDING _L 515 NORTH SYCAMORE P. O. Box4me 4j2? 7 (S) SANTA ANA, CALIFORNIA 92702 OFFICE OF THE COUNTY CLERK AND CLERK OF THE BOARD OF SUPERVISORS April 19, 1971 Laura Lagios, City Clerk City of Newport Beach 3300 W. Newport Blvd. Newport Beach, California 92660 Dear Mrs. Lagios: I am enclosing herewith a certified copy of Resolution No. 71-415 adopted by the Orange County Board of Super- visors on April 14, 1971, authorizing the County Counsel to take action to secure a court determination that the Upper Bay Land Exchange Agreement has been rescinded. mcm Enc. Very truly yours, W. E. ST JOHN, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California By Deputy Clerk YOU CAN'T VOTE .... UNLESS YOU'RE REGISTERED 'A RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA 311 April 14, 1971 5 7 On motion of Supervisor Battin, duly seconded and carried, the following Resolution was adopted: BE IT RESOLVED that the County Counsel is directed to take appropriate legal action for the purpose of securing a court determination that the Upper Bay Land Exchange Agreement has been 9� rescinded. 0 13 J �_= 15 o� o° le or o ; 0 17 U 19II 20, AYES- 211 NOES: 22 ABSENT: 23 24 25 26 27 29 30 31 32 MP: tg SUPERVISORS R. W. BATTIN, RALPH B. CLARK, DAVID L. BAKER., WILLIAM J. PHILLIPS, AND RONALD W. CASPERS SUPERVISORS NONE SUPERVISORS NONE STATE OF CALIFORNIA ) sq. `COUNTY OF ORANGE I, W. E. ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 14th day of A ril 1971 , and passed by a unanimous vote of said .oar . IN WITNESS WHEREOF, I have hereunto set_)my.•;hand and seal this 14th day of April 1971 W. .E. ST JOHN C,ourity-.Clerk and -ex- officio Clerk of.? th-e Board of Supervisors of Resolution No. 71 -415 vi'ange County, California Co. Co. to Renew Motion {; for Dismissal - Upper /j By Newport Bay Land Exchange Deputy T- W. R. MASON PRESIDENT A F F, 1971 By -he C'iT'f' Honorable Board of Supervisors County of Orange 515 North Sycamore Santa Ana, California Gentlemen: IrvineI Builders of7omonov eGties... Today 12 April 1971 This letter is written in the interest• of resolving differences between the Orange County Board of Supervisors and The Irvine Company concerning Upper Newport Bay. It is prompted by the need, in our judgment, to explain fully the nature and results of recent efforts by The Irvine Company to resolve those differences; to make clear the Company's present view of the entire subject; to emphasize the Company's desire to work cooperatively with the County for a mutual solution, and to suggest a course of action. It is requested that this letter be officially received and considered at your meeting of April 13, 1971, if, as appears, your agenda will include discussion of matters affecting Upper Newport Bay. The Board of Supervisors took actions last January which purportedly cancelled unilaterally the Upper Newport Bay land exchange Agree- ment, effective April 25, 1971. Those actions were taken without prior or concurrent discussion with The Irvine Company concerning their implications or the possibilities of a mutual rescission. The Irvine Company promptly and necessarily disputed the County's right to cancel unilaterally, and refused to accept certain deeds tendered by the County. During subsequent weeks, the Company initiated five meetings with County representatives in a sincere and serious attempt to identify, define and resolve the complex issues involved in cancellation of the Agreement. Meetings were held January 29 and March 1 with Supervisors Battin and Caspers, the County Counsel and others. Additional meetings were held with staff representatives of Supervisors Battin and Caspers, at two of which the County Counsel was also present. Wile APR 13 1971 ............................ COPIES SENT TO: exror :u,,:ger i. "nev Rimer Works Direegy Ly1'�hnnninK Wmeteer Q Ulher P�:Q ��N ' G The Irvine Company • 550 Newport Center Drive -Newport Beach, California 92660 QouacDmeet �� Bd. of Supervisors -2- 12 April 1971 Our understanding of the County's viewpoint, as expressed at the last meeting with Supervisors Battin and Caspers on March 1, is as follows: The County considers any renegotiation of the Agree- ment to be politically unacceptable; The County desires to terminate the Agreement and re- establish conditions between the parties as they existed prior to execution of the Agreement in 1965; Accordingly, the County recognizes the legitimate concern of The Irvine Company that it be "made whole" financially for costs incurred in reliance on the Agreement; The County desires to acquire virtually all Upper Bay lands below the bluffs by condemnation; The County will work promptly and cooperatively with The Irvine Company to resolve the issues inherent in mutual rescission of the Agreement. - The Irvine Company's point of view was stated at the March 1 meeting, as follows: The Irvine Company has endeavored for over 20 years to respond to County requests for cooperation in evolving an acceptable land exchange plan; The Irvine Company recognizes changed conditions and has no desire or intent to try to force the public to accede to the exchange or the present plan for development by an action to specifically enforce the Agreements. The Irvine Company accepts the desirability of negotiating a mutual rescission of the Agreement, and will cooperate in resolving the problems which must be solved in order to make such a mutual rescission legally and practically possible; The Irvine Company will cooperate in achieving public acquisition of its lands in the Upper Bay by condemnation at fair market value as determined by a court of law. In the course of the meetings, The Irvine Company responded promptly to specific requests by County representatives. It delivered on February 25.a discussion paper setting forth its views on the development of a possible new plan for the Upper Bay by public agencies. Bd. of Supervisors -3- 12 April 1971 In reply to a later request, The Irvine Company provided on March 23, a more definitive memorandum dealing with the Company's expendi- tures to date, made in reliance on the Agreement, the complex property tax issues resulting from the comingling of properties by the County Assessor and in -lieu payments contemplated by the Agreement, as well as lost income and other factors. The memorandum stressed the need for time to negotiate solutions to such problems. Finally, in order to expedite consideration of public acquisition of Irvine lands, the Company prepared and supplied on March 23 a special, large -scale map of the Upper Bay area depicting suggested initial and optional parcels for condemnation. Throughout this time, we have been led to believe that a meaningful dialogue about substantive issues would evolve. Unfortunately, it has not. The County's response has consisted mainly of two memo- randa from Supervisor Battin's office(dated March 1 and April 8) which purportedly state Board policy regarding the Upper Bay, but in no sense deal with those elements of a mutual solution cited by The Irvine Company. The latter memorandum seems to say that there is "no authorization" for joint discussions until the present Agreement is unconditionally terminated. If this be the case, The Irvine Company respectfully suggests that the Board of Supervisors act immediately to authorize a committee of its members to carry on formally the heretofore informal and unproductive process of negotiating mutual rescission of the Agree- ment. If the Board prefers to pursue negotiations by some other appropriate, authorized procedure, we will cooperate. It is in the public interest that this matter be resolved expeditiously. To that end, The Irvine Company hereby pledges to meet anywhere, any time -- around the clock if necessary -- for serious negotiations with duly constituted and authorized County representatives. In so doing, we will work diligently toward the objective, if this is'the County's goal, of mutually rescinding the Agreement and achieving public ownership of Upper Newport Bay through condemnation. In our more recent discussions with County representatives we have emphasized frequently a time constraint on reaching needed under- standings. If the County persists in unilaterally cancelling the Agreement effective April 25, the Company will be placed in the awkward, undesired, but necessary position of having to litigate the issue of unilateral cancellation and related damages in order to avoid the possible waiver of its rights. We have urged, and hereby again do so formally, that the Board of Supervisors agree to mutual postponement of the noticed date of cancellation to a future date certain. At the suggestion of a County representative, the Company's Legal Counsel prepared a draft of an agreement which would mutually extend Bd. of Supervisors -4- 12 April 1971 the noticed date. Such an action would in no way diminish the rights or obligations of the parties. It would simply afford the additional time essential to negotiation of a mutually agreeable rescission. Once again, The Irvine Company wishes to emphasize its willingness to proceed with negotiations in whatever manner is determined by the Board of Supervisors, and respectfully awaits your reply. Sincerely, W.R MASON W. R. Mason cc: Honorable Robert Battin, Supervisor 1st District Honorable David Baker, Supervisor 2nd District Honorable William Phillips, Supervisor 3rd District Honorable Ralph Clark, Supervisor 4th District Honorable Ronald Caspers, Supervisor 5th District City Council, City of Newport Beach Honorable Dennis Carpenter, Senator 34th District Honorable Robert Badham, Assemblyman. 71st District Honorable John G. Schmitz, Congressman 35th District Norman Livermore, Secretary of Resources, State of California 3s s ° CITY C.ERY April 19, 1971 CITY CLERY. RESOLUTION 110. 7405 ADOPTED APRIL 12, 1971 Attached are six executed copies of Resolution No. 7405 reaffirming Cotmcil's intention to participate in cooperative and coirprehens;.ve planning for the future of the Upper Newport Bay. Please transmit to the appropriate agencies. _.aura L.aoios City Clerk LL: swk enc. ti r V RESOLUTION NO. [ 4 0 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REAFFIRMING ITS INTENTION TO3 C{I PARTICIPATE IN COOPERATIVE AND COMPREHENSIVE PLANNING FOR THE FUTURE OF UPPER NEWPORT BAY WHEREAS, the City Council of the City of Newport Beach initiated a cooperative and comprehensive planning study for Upper Newport Bay by Resolution 7137 of 9 February, 1970; and WHEREAS, the Board of Supervisors of the County of Orange agreed unanimously to participate by a resolution of 17 March 1970; and WHEREAS, The Irvine Company likewise agreed to parti- cipate; and WHEREAS, the pooled efforts of the City of Newport Beach, the County of Orange and The Irvine Company have been greatly enhanced through regular participation and advice from State Departments under cognizance of the California Secretary for Resources and from staff personnel of the Los Angeles District of the U.S. Corps of Engineers; and WHEREAS, the foregoing combination of local, state and federal agencies and the private sector is an innovative and productive approach to preserving and enhancing the environ- ment of the City and the County of Orange, and an interim report is now being prepared to guide our next steps; and WHEREAS, the Board of Supervisors of the County of Orange has recently adopted resolutions emphasizing its concern with preservation and enhancement of the environment in general and Upper Newport Bay in particular; and WHEREAS, the future of Upper Newport Bay is one of the- most compelling environmental problems facing the City at this time; -1- z � NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows; That the City Council reaffirms and reemphasizes its desire to cooperate with the County of Orange and other appro- priate agencies and institutions, as guided by the interim report now being prepared by the Upper Newport Bay Cooperative Planning Project, in order to arrive at the best possible plan for the preservation and enhancement of Upper Newport Bay. ADOPTED this 12th day of April, 1971 ATTEST: City Clerk Mayor GD:mh -2- 4/12/71 UNITED STATES DEPARTMENT OF THE INTERIOR %Q�V �ISH AMID WILDLIFE SERVICE ` G C3UREAl� OF SPORT FISHERIES AND V;ILDLIFE EL AD4RF'�C. ONLY Tt}r. REGIONAL DIFEa;OR qq 1 L \J [ R 730. N.r 'O' COI>:137371``tT PORTLA::D. OREGON 97206 P.eference:. G` February 5, 1971 District En�inccr Les Ans,cics District. Corps of'Engineers P. 0. Box 2711 Los AnFcles, California 90053 Dear Sir: During a recent field inspection of southern California coastal wet- lands and estuarine areas, the problem of erosion of adjacent uplands and resultant sedi.mentatiou of Net,.port Pay came to our attention. Land LISe practices are having a direct and indirect impact on Upper Newport Bay as a self- renewing resource. The bluffs, from GU to 10Q.._ feet in haight, 5L1rr0ultdi.Mn U1'11,er Nc°.aport .hav have provided a natural buffer zone a,,,ainst landfillo and structural eacio %chment into the . bay's salt uarnccs and tidcln -31s. ::Ob: -twee, recent lark ,scale develop- ments on the blxufis adjacent to the upper pay have in:olvedMassiv6 reshnpin;; of the bluffs and ;lopes and. the gross removal of native vp dative^! cover. ' Follo:✓ino this denuding, the rains of the winter of 1963 -69 took their toll; c:cccssive erosion of the bluffs and upland areas resulted in massive ..^ounto of mud, silt, and other debris bcin. ^, dumned into Upper 11c'.cport B,y, coverin; the salt marshes and tideflats and .:rccl, ins; the salt worl.s. reeding nnd rc- -tir. teas u >tl ;,.c:! b;' .... ^etoua species of migratpry birds, including %aatcrfowl, marshbirds, and shorebirds were de5,radcd or destroyed. bottom organisms within the bay were covered by a layer of silt. The bulldozing and denudin- of bluff areas and slopes has continued and accel.crnted. The Storrs of Pecenber 1970 wreaked havoc on these man- r..odified bluffs and slopes. Mud, silt, end debris have covered parts of the public road aronnd.the back; bay. Ir, Idditi.on, substantial amounts: of mud and silt flo'::cd into the bay covering marshlands and Zluciau.i >. This sediment is a nany- faceted problem; It'is a deposit that must be removed from the main channel and tributary channels in order to provide an area for recreational no.vigiltion, it degrades water quality, �: .....3 t1'c r•^. bctt,M. e.-,.- .rite...,.: ter ili••r. :� 1��.,, r—y .gi n..rirS of fish and migratory birds and destroys vegetation important to wildlife for both food and shelter. We believe that this environmental degradation of Upper Newport Bay could have been avoided. Planning concepts and techniques to prevent such environmental losses are available', feasible, and practical. The public trust doctrine of commerce, navigation, and fishery applies to the tidelands of Upper Newport 'Bay. This, to us, means that there is a public trust with respect to the quantity and quality of waters over tideland and submerged lands that must he protected by State and Federal governments. It also means that people have the right to fish in those waters, to pass over the tidelands free from obstruction or interference, and to expect the preservation'of the ecological parameters important to fish and wildlife resource and the public us(-- of these resources by State and Federal go•�,crnmcnts. It occurs to us that the Refuse Act of 1899 may very well apply in this . case. In our opinion the one exception to the Act, refuse and debris "Flowing from streets and scwe rs'and passing therefrom in a liquid ... . state," cannot be interpreted to include the mud, silt, and othee debris from the uplands surroundin" Upper Newport Bay. Assuming that you have authority to take legnl action sad prosecute• offenders under the Refuse Act of 1599,.we believe you should investi- gatc this matter and take wnatever legal means are necessary to control or prohibit silt, mud, and other debris from catering the bay's navi- gable waters. This Mould be a useful tool for the conservation of -the ecological values and public uses of Upper Nct:port Bay and help insure that this body of water is developed along shared use guidelines. We would appreciate your i : :ve. ^..tii,?tlon of -hi- matter. Please idv{se us of your findings and su csted treasures for controlling further siltation of Upper Newport Bay. Sincerely yours, ' / Jac. I% 11cmnhill / 1' l :cgional Director 2 a _ . UPPER NEWPORT SAY COOPERATIVE PLANNING PROJECT SCOPE OF PROJECT AND PLANNING CONSIDERATIONS 1. OBJECTIVE. The objective of the Upper Newport Say Cooperative Planning Project is, through cooperative and mutually supporting endeavors of the County of Orange, The Irvine Company, the City of Newport Beach and the State of California, to produce comprehensive general plans to guide the pattern of growth in the Upper Bay Area. These plans will be designed to insure compatible land and water uses, preserve and enhance the natural assets of the area and create the best possible total environment. The plans will be developed on the basis of the proposed land exchange and other alternatives. Plans will be guided by goals of "Newport Tomorrow" and will be directed toward achieving a marine- oriented environment featuring multiple uses of the waters and shoreline and a high quality residential atmosphere. Accordingly, study plans will include, but not be limited to, consideration of air, noise and water quality; multiple recreational uses; public access to tidelands and waters of the State; marine and wild fowl ecology; human factors; economic factors; aesthetics; and the necessary supporting activi- ties and transportation systems. 2. SCOPE. Each alternative plan will contain the following elements: a. Channel development and use plans. b. Land use and development plans. C. Transportation and traffic plans. d. Public facilities plan, including recreational and ecological factors. e. Public utilities plan. f. Public land acquisition requirements. g. Suggested funding and development schedule. 3. PLANNING CONSIDERATIONS. In connection with the preparatior. of the general plans, the follow- ing factors affecting the development of the Upper Bay, area will be analyzed: a. County —wide demographic and economic trends. b. Physical characteristics of the planning area including topo- graphy, soils, tributary drainage areas, and climate. - 2 - C. marine characteristics of the planning area to include water quality, factors affecting water quality, and engineering considerations; including channel widths, energy absorption requirements, and sedimentation characteristics. d. Ecological considerations for the uplands.,littoral.& water.zones. e. Air and noise pollution factors. f. Analysis of recreational trends, requirements, and opportu nities and constraints. g. Public facilities and utilities. h. Circulation and transportation. i. Considerations of land acquisition and development costs to potential revenues and benefits. 4. PLANNING ACTIONS. It is intended that, whenever possible and appropriate, data from existing studies and reports will be utilized in analyzing the factors included in the planning considerations. New studies and reports, or up- dating of existing studies, will be generated only in the absence of adequate data. To this end, it is intended that the participating organizations will supply appropriate existing data for the common use of the project. 5. PLANNING PROGRAM. Following acceptance of the Scope and Planning Considerations, it is intended that plans will be developed as quickly as possible. An initial chart of the planning program is attached.. A first step in the planning program is to establish key target dates as a basis for a refined planning program. Attachment i U W 7 H �I w � a G w CD r Q r-- I I 1 I 1 I 1 i I 1 I I 1 I I t f I i i I I 1 I 1 1 1 I I • Z 1'� • W L i¢ W 1` U U F- �--� 1- U �� W N 1 - Q I a U o ! 1 ]; W 1 ! o �c:> O (-> f I ~ J I ZzW � 1 ...Y., J -• � 4J l> UF^ I rR rX �. I I U o QZ 1 K F- U) t I O �¢ 2 �JE 1 .+YI- _ {{ o w d J CY U mow I L' Zi .d l' O z S 1- �Q 2 N -.0 L.> 2= 0 z 4, 1 m � J N O O, — Of d U N N N 4 k N (/a F- :_ O Oa N d^ 1 w O a. F- J �..w O NN Q O J U N m m Z O 0. N QU * m c7 >ww�d CD : - �-+ O O w Q CZ) d 0. F-W << C) w 0 � 1 w J H U W 7 O w 6. C7 Z Z Z Q J a W H w a O O U } m O d 3 W Z W d d E CD O d cs z Z z J d 0 ddViS > w v h T7 Ql m elf V •r O� C 1/1 Ql C Y r r0 •� N 'QI •s- O Y Y E s- >1 O i. Ql > i O O •� p 0 0 O �> L •S- dl a L > Ql d L > d' 1] O_ a Q Q Q IL ox O C d -� h T v c O O Z V Y 0.- r U O Y IE Y ID T E Y m M M N i. O •� L Y -0 •� !p N C Y m•r i rp i VI c 3 Y C O E 0 a i o E 0(-) c > n O Ql O_ U i a O T w O Q Q h C 0 G V O r C Y •Y TJ n Q) i 0 Z C L O m m 'QI C Qt O_ Y r- m O as M.- O - a' O O_ a a E V O q U L r Y Q N C 3 > E C)0 O 00 • h O 'i S- i O Y G d Mm /0 M O_ O U >1 g ¢ L ex3 •� C7 a 4- O ^Y rJ E Ql Ql Ql +> m m c 3 c COD i b O N Q O } dV O. U O C a U E C U E ¢ o i C E U Q O O a � E Ql v C n0 E 0.- ro c (n ro O N r0 C O Qf h � S. o . O C O _ 4- L rp Y i V 0 O d r R a T d S- 0 O U +> O_ t n Y N L O C •r a V C. U O C O_•� rK N U i ¢ N m O Q h > _ y •� C Y r Q U E N s a •n d Y m0 4. D N 4- r O �o IdOd xS vi 3Ms I 01rold IVOINHO31 lodU NStli ddViS > w 103COdd IVOINHO31 Y Q O Qt C C •� w 4 v ox � U d -� L r- O . U O d i rp i VI _ > d C V O a 61 L — CD Z CL M i O_ L T w O. Q Q 4- ID ¢ C TJ n ED O C C C 3a Ya Ql 4- � r- > 0 SO QI i m � Z � Ql QI C C Q C7 ED C 0 O r ca •- Q a Y > Y to O 0 d Q Y TJ L Q Y O_ C O. U C a U E C U E ¢ o i C E U Q O O Y U U Ql City Clerk December 23, 1970 Harbor & Tidelands Administrator City Clerk Resolution No. 7346 Attached are twenty -five (25) copies of Resolution No. 7346,adopted at the Council meeting of December 21, 1970, and expressing Council's interest in obtaining a sea grant for the purpose of studying the Upper Newport Bay and stating that the Council is willing to enter into a joint agreement with the County of Orange and The Irvine Company. Please transmit to the appropriate agency. Laura L.agios, City Clerk Deputy dg Att. RESOLUTINO. 7346 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXPRESSING ITS INTEREST IN OBTAINING A SEA GRANT: FOW =;'1_ #�E: PURPOSE OF STUDYING THE UPPER NEWPOiFR' BAY AND STATING THAT THE COUNCIL IS WILLING TO ENTER INTO A JOINT. AGREEMENT WITH THE COUNTY OF ORANGE AND THE IRVINE COMPANY ii r WHEREAS, the City Council of the City of Newport Beach initiated actions which ultimately have led to the creation of the Upper Newport Bay Cooperative Planning Project for a comprehensive planning study of Upper Newport Bay in cooperation with the County of Orange and The Irvine Company; and WHEREAS, the technical capabilities and staff time available to the participating bodies are not adequate for the collection and analysis of data concerning marine ecology, water quality, marine hydrodynamics and marine recreation; and WHEREAS, a Sea Grant Project can provide the above data and analysis; and WHEREAS, it is necessary to execute a joint agreement with the County of Orange and The Irvine Company in order to obtain a Sea Grant Project; NOW, THEREFORE, the City Council of the City of Newport Beach RESOLVES as follows: 1. The City Council desires a Sea Grant.Project as an integral part of the Upper Newport Bay Cooperative Planning Project. 2. The City Council is willing to enter into a joint agreement with the County of Orange and The Irvine Company, subject to details of the agreement, for the purpose of obtaining a Sea Grant Project. ADOPTED this 21st day of December, 1970. .� ATTEST: Mayor I THS:adw t Clerk 12/22/70 Thursday, April 1. 1971 Sea Grant Funds Not Available Sea Grant funds are not available at the present time for an environ- mental study of Upper Newport Bay. When Mayor Ed Hirth was in Washington, D.C. recently on citybusiness, he found out that Sea Grant money, which used to be allocated by the National Science Foundation, has now been transferred to the jurisdiction of the Department of Com- merce -- and the com- merce department will have no funds other than for completion of current projects until July. A Sea Grant is being sought by the Upper New- port Bay Cooperative Planning Committee, comprised of repre- sentatives of Orange County, the city of New- port Beach and the Irvine Co., for a joint study to provide guidelines for the future development of the Upper Bay. Scientific data are needed to deter- mine to what extent. multiple use development can coexist with conser- vation of the estuary.. "Some kind of program is needed, "said Mayor Hirth, to preserve the Upper Bay's present wildlife population, and we will go ahead in co- ordinating what infor- mation we havefromvar ious studies and attempt to reach some con- clusion." 3 DAYS ONLY! r URSDAY- FRIDAY 8:30 A.M. o 9:30 P.M. CATIIPh AV R-in A M To s-nn P 1, no REGISTER Friday (m) March 27, 1970 Upper DDevelopment Is Vital By FRED MILLER Register Boating Editor The development of Upper Newport Bay is vital to the recreational requirements of Orange County and its social ecology. The land swap between the Irvine Co. and the County of Orange 'does much what oc. curred on the lower bay in the 1930's when federal dredging converted a sandbar - choked mouth of the Santa Ana River into the aquapolis it is today; the nation's largest marina and the playport of the Pacif. ic. The sandbars which were sucked up by the federal where they would be an asset instead of a liability; be- coming a badly- needed wid- ened ocean front beach south of Newport Pier on one hand . and islands for residential de- velopment on the .other. The miles of accessible pub- lic beach and the fabulous navigable waterway which has become one of the yacht- ing. capitals of the world has benefited millions of people ever since. As far as the upper bay is ,concerned, the dredging will not be accomplished by the federal government but by private enerprise. During the 1930's Newport Bay was to be primarily a port for commer- cial fishing, thus the federal involvement. Over the years the bay has become almost entirely a port for yachts and yachting and other marine recreation for the general public. Because of this and because of the un- feasibility of commercial fish- ing operations in the upper bay, the federal government could not justify (legally or otherwise) a similar dredging and development of the upper bay. The County of Orange and the Irvine Co. both of whom owned land either under or on the upper bay, . would have to develop it on their own. The two agreed they would. (By chatter, of course; the County is obligated to develop it even if Irvine didn't offer a dime.) But, for all the benefit this dredging and development would be, as exemplified by the lower bay, there have been those who didn't like the idea. And, through continued legal and political manuever- ing, they have actually pre- vented it for many years. Except for the Newport Dunes area the County devel- oped at the south end of upper bay, plus some adjacent mari- nas and housing developments there, the vast upper bay re- mains today the unsightly, smelly (at low tide), virtually useless expane of shallow wa- ter, mudflats and reeds. Some of those who oppose the Irvine Co. County of Or- ange agreement do so for sheer spite. Their efforts have peen rewarded — the Irvine Co. has had to pay property taxes on all that useless prop- erty all the while. Some are tronservat..on. iStB;"`�` =M .Interested n the eplants and ani- mals than" - ecology of man, which they have right to be. But, at whose cost? The significance to fife cy- cles an upper bay preserved in a primeval state has play- ed or could :play mast be infinitesimal in t) @ face of today's death - dealing air pol- lution and oil slicks. - No amount of ecological good of the former could ever offset the liarm of the latter. Further, the planet's occupied by birds more than any other creature. The sea bird variety (the only animal to rase the upper bay who gives any sig- nificant effect to operation of life cycles per se) just hap- pens to be the toughest of them all and is so resourceful he doesn't really need any help from anyone for his ecol- ogy. B e s i d e s, last winter's storms annihilated whatever . fresh food supply he was get- ting up there, according to Dr. Wheeler North. To try to maintain a marine life sanctuary in the very same bay which houses the nation's largest marina (10,000 boats) is as ridiculous as trying to grow oysters or p r a c t i c e aquaculture or aquafarming in the middle of the world's biggest and busiest commercial seaport, Dr- Disy Lee Ray of the Pacific Science Center and the Presidential i Task Force on Oceanography Clearly, the best possible use of the upper bay and its land is not as marine saner _ tuary. Even if it were, the upper bay is in the wrong place for it, as Dr. Ray would confirm. On any weekend on the lower bay, the water is filled with sails. A good ninety per cent . of today's sailboats are small centerboard boats launched whenever they are to be used and .kept out of the water the rest of the time. At the moment, last and only public launching ramp on the lower bay is being torn up down at the corner of Lafay- ette and Balboa Blvds, with bulkheads and slips going in. All other public launching ramps are in the upper bay behind the low Pacific Coast Highway bridge which won't come out for seven years. hlost of the sailboats to use this former ramp were dighy types with no motors or places to mount .. them, much less store them. To use a Huntington Har- bour type rig, which allows the mast to be titled back to clear the low highway bridge there, you must have power - of some sort to get under the bridge. When your mast is down; so's your sail and your means of propulsion. There are a number of com mercial crane launch facili- ties on the lower bay, but their round-trip fees are steep ($15 for anything 18 feet and over) and many cannot .ac- commodate the many multi - hull craft in use today be- cause of their wide beam (8 feet on even. a Roble cat). There wouldn't he .any cri- sis if the upper bay were dredged.. and navigable, as it could have been so long ago; all of these sailboats could simply use the part of New- port Bay where the launching ramps are now, and where all future ones will be, until the Coast Highway bridge is re- placed with the high -level one to go in there. Like that okl beer commer- cial went, "It's the water that makes it good!" But a small minor i t y, most of whom probably would never use ny part of Nevuport Bay any- t aime in their Lives, wants mud instead. I think I speak for the vast majority of yachtsmen, water skiiers, rowersand 1971 on the subject; we need water mom . than the sea birds need:tk*A_Tond, ^ oxe+R:Emuem ❑CgLIIOECWMN wievirr.�osnoEwiw owNERshiip AFTER TRADE THE AGREEMENT between the County of Orange (which saves $10 million by it) and the Irvine Company (which pays the bill) to develop Upper Newport Bay is basically this land swap graphically shown here for the first time. After the new ownerships are accomplished by dredg- ing and filling, then both parties (third map) are free to do with their respective shorelines as they wish. As can be seen in the ownership - before -trade map, all the County (and public) has in the upper bay north of New- port Dunes at present is a lot of useless mud at low tide and shallow water at high tide, and the Irvine Com- pany has some equally useless mud and reed islands it doesn't want, but a lot of shoreline it does want if the County's mud and their mwj can be dredged up and dumped along the share. To t:(is end, Irvine gives some of its shoreline it wants and mud it doesn't to the County for public use.. LOsWnersl t °i.1O°p January 5, 1871 Mr. Robert Shelton 359 San Miguel Drive, Suite 200 Newport Beach, CA 92660 Enclosed is Resolution No. 7137 which is the latest resolution adopted by the Council in connection with Upper Newport Bay. Also enclosed is an excerpt from the November 9, 1970 meeting setting forth the Council's action regarding amending the Council Policy Statement entitled "Upper Bay Land Exchange." The staff is currently amending the Policy State- ment in complianoe with Council action. ^ince a completed copy is not available, I am also sending* you the material that is to be incorporate; into the Statement. LL :swk enc. ROBERT SHELTON Dec. 31, 1970 Laura, Would you be good enough to send me the latest version of the Council's position on the Upper Bay Land Exchange. Many thanks. OVA I lIr 359 SAN MIGUEL DRIVE SUITE 200 NEWPORT CENTER NEWPORT BEACH, CALIFORNIA 92660 (714) 644 -5900 i. U COUNVL UZACH May 20; 1970 1970 ORANGE COUNTY GRAND JURY MINORITY REPORT ON UPPER NEWPORT BAY LAND EXCHANGE i After analyzation of the Upper Newport Bay land exchange, and assuming there has been no misrepresentation, which can be documented one way or the other, this group wishes to go on record as endorsing the exchange as it stends as of this date. The group feels that failure to endorse the exchange would result in: 1. Tax loss, due to delay of development. 2. Increased cost due to inflation. 3. Further delay in recreation facilities. ORANGE COUNTY GRAND JURY George . Honol , Foreman Dale CIP71H SENT TA: Vn(or miter Lj c:=d{. work= Directot Cjyrmmieg Uireetowr-,��_ Wher //it IdComeilmem� ow ID I fro— LET; f,�Ci�F� ✓1,, GZ44 T NE)ynQ Iy OF ..1,) .y. \ �9CiF4" c 5 RESOLUTION NO. 4 ;'j ?!U RESOLUTION OF THE 1970 ORANGE COUNTY GRAND JURY OPPOSING THE 1101EDIATE COMPLETION OF THE gy ,;,., c: s cOI u L , PRESENT UPPER NEWPORT BAY LAND EXCHANGE CITY OF BEACH The 1970 Orange County Grand Jury opposes the immediate completion of the present Upper Newport Bay land exchange for reasons developed below. The Grand Jury has read extensively the considerable documentation that has accumulated over the years on the problem of Upper Newport Bay. It has also heard the views of interested citizens, several County Supervisors and key staff members and other experts on different phases of the problem, representatives of The Irvine Company, and other informed and concerned persons. The Jury offers the follow- ing statement and suggestions in the hope of clarifying the issues, of assuring that important options are not foreclosed by piecemeal actions and decisions, and of assuring that final action will be aided by a serious study of the many inter- related facets of the situation. 1. The Jury urges that no building, bulk- heading, or other development activities be under- taken until appropriate feasibility studies and an integrated plan are available. This is not intended to preclude dredging or other engineering activities desirable for flood, ecological, or other control or restoration of the natural environment. 2. The Jury ur es a full feasibility and plan- '" � O ning study (including model studies on the flood W. WS SENT TO: situation) such as,are now possible under the auspices of the commission set up by the Council; „;, „R« of Newport Beach and Involving the County, The Irvine Company, the State, and other concerned ED I WAi. W,k. groups. The Jury commends Newport Beach for �!lm.Wg of ,Q.r initiating this group. pc...Glmew ad 3. In view of the above considerations, this Jury resolves that this statement be released to the public and called to the attention of those responsible for decisions. The Jury recommends against any further decisions until the flood control problems, the ecological, pollution and related environmental problems, the legal issue (including a decision on prescriptive rights b the California Supreme Court), the financial aspects, and the public attitudes are more clearly studied and considered and a master land and water use plan is developed. • ,1. �LFp✓9 BoF 7� �r 9 4. The following supplementary statement presents a summary of the Juryls analysis of the situation. The Jury believes that much of the debate over the Upper Bay land exchange, and most of the recrimination, has resulted from failure to distinguish clearly the consequences of two very different uses of the area. If the ordinary building developments are permitted, assessed land values are high; if a natural estuary is retained, salable land values may be negligible. This basic decision should be made before quarreling over acreage and assessment of lands in a pro- posed swap -- or even over whether one is called for. Presumably the City of Newport Beach, by action of its Council and zoning ordinances or direct vote of its citizens, has the primary voice in this decision, but the County, State, federal government, and perhaps other entities (as the Harbor District) may have some legal say, through patent lands and tidelands trust -- as they surely have a legitimate interest. A decision to let nature take its course (aided by sound channel engineering moves, perhaps dredging away islands for adequate flood control) would help preserve the ecological balance of wild life, would leave the upper tidal flats as a "lung" to help oxygenate and purify lower bay waters, would keep a precious recreation resource for people, and would insure proper flood control. It would also deprive Newport Beach and the County of Orange of important tax revenues, perhaps overrun Newport with visitors, require some upkeep, and prevent present private owners of land, essentially The Irvine Company, from realizing legitimate expectations in profit from development. It would seem to make a land ex- change or purchase meaningless, since land values could remain low and contours uncertain under the influence of floods and flood control measures; but some compensation of The Irvine Company would be morally called for and probably legally required. Whether the exchange agreement as now formulated favors the public or The Irvine Company depends on what assumptions are made as to particular parcels and values; now appraised in the millions on each side of the trade. But if develop- ment is not to be permitted, these values presumably collapse to negligible levels and a trade would be meaningless. Actu- ally, the public is in a position to demand the removal of the Irvine islands for flood control, to claim shore access along the bay by virtue of existing public roads and tide- lands trust, and may be able to take prescriptive possession of upper bay flats and to assert its lien on these lands for developing flood, fishing, navigation and other reserved 2. a rights; thus, in effect, expropriating The Irvine Company. A court test would then seem almost inevitable -- not only to firm up any legal issues but surely to establish a valid and fair compensation level.=:_Such a court test would be quite different from the constitutional issue now pending before the courts on the constitutionality of the exchange enabling legislation of 1957; the latter would not be crucial if public lands were not to be exchanged but should perhaps still be carried through to clear the air. The Jury concludes that, if a natural estuary is to be preserved, a trade is meaningless. Money must then be found to compensate The Irvine Company as the courts may decide. Which public funds (e.g.,federal, State, and County) should bear these costs and how they should be raised are important but subsidiary questions. The present mood of the public, concerned with preservation of the environment, would seem to preclude development of the upper bay entirely for real estate and yachting; but some partial development along these lines, say up to the narrows, might be possible with- out sacrificing the main goals of beaches and recreation, flood control, wild life preservation, and pollution mini- mization. This would allow the present public lands to rise in value while still restraining most of the private ones. PASSED AND ADOPTED at a regular meeting of the 1970 Orange County Grand Jury held on the 20th day of May, 1970. : 3 Chi /l. e-a e FORE OF THE 1970 ORANGE COUNTY GRAND JURY 3. Notice of Meeting You are invited to attend a meeting of the Upper Newport Bay Cooperative Planning Project at 3:00 p.m. on Wednesday, 20 May, at the Mariner's Library Multipurpose Room, 2005 Dover Drive, Newport Beach Agenda 1. Minutes of the meeting held on 16 April. Copy of minutes attached. 2. Participation of State Resources Agency 3. Technical Staff Progress Report 4. Consideration of the Scope of the Project. Draft of Scope and Planning Considerations attached. 5. Project Planning Schedule 6. Date of next meeting EFH/GMD:pg Attachment Mayor Ed Hirth Mayor Ed Hirth Mr. George Dawes Mr. George Dawes Mr. Rod Gunn Mayor Ed Hirth E. F. HIRTH Chairman Project Task Force June it 1970 Mr. H. G. Osborne Chief Faigineer ,..Orange County Flood Control District 400 Civic Cuter Drive West. Santa Ana, California Dear Mr. Osborne: Your suggestions for incorporating the services of the ecologists in our Back Bay study is appreciated. George Dawes has been in contact with Dr. Fielding, I know, and perhaps others of this group on this subject. As we get further into the material and learn what more is needed, we undoubtedly will wish to receive.. information from these scientists. Your help on this committee is very important because adequate provisions for flood control are going to be a key issue. We do appreciate your assistance. Very truly yours, . E. F. HIRTH Mayor EFH:pg cc: Mr. George Dawes Harbor 6 Tidelands Administrator ®" APR 131970 t By tho CITY COUNCIL tnvu, works mro°tef CITY OF NEWPORT EEACH "t Vlnnning Uirectot O""'er - RESOLUTION OF THE BOARD or SUPERVISORS OF Ir/ Il y ❑ c °"°`" ' " "" °� ORANGL COUNTY CALIFORNIA CITY 0 ❑ ' N WHRT K.AM, March 17, 1970 2 ' A On motion of Supervisor Allen, duly seconded and carrie following Resolution was adopted: WHEREAS; the City of Newport Bench has requee*_ed cooperat-i011. of this County in a comprehensive planning study of the development potential, of Upper Newport Bay; and WHEREAS, in the opinion of this Board, the County should participate in such a study; NOW, THEREFORE, BE IT RESOLVED that this Board does hereby proclaim its willingness to cooperate with the City of Newport Beach in a comprehensive development study of the Upper Newport Bay. BE IT FURTHER RESOLVED that the County Administrative Officer, the Director of Harbors, Beaches and Parks, the Planning Director and the County Counsel are hereby appointed as the representatives of the County of Orange in cooperating in the comprehensive planning study. AYES: SUPERVISORS ALTON E. ALLEN, WILLIAM J. PHILLIPS, ROBERT W. BATTIN, AND WM. HIRSTEIN NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE STATE OF CALIFORNIA ) )) ss. COUNTY OF ORANGE I, W. E. ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 17th day of March, 1970, and passed by a unanimous vote of said Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 17th day of.March, 1970. W. E. ST JOHN . Resolution No. 70 -268 Auth. Cooperation in Comprehensive Planning Study - Upper Newport Bay County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California op. Deputy STATE OF CALIFORNIA — RESOURCES .AGENCY RONALD REAGAN, Go"mor DEPARTMENT OF FISH AND GAME 1416 NINTH STREET SACRAMENTO, CALIFORNIA 95814 APR 1 31970 G. Ray Arnett - DireciPor the CITY COUNCIL CITY OF NEWPORT BEACH March 1T, 19TO TO recipients of the Upper Newport Bay Report: Bays and estuaries constitute a valuable but scarce part of California's coastline. They are not only an important part of the environment but are also high quality fish and wildlife habitat. Man's activities are often incompatible with bay and estuary ecologic systems. These areas are filled, dredged, polluted and changed in many ways.. Aesthetic qualities may reduced or lost and general public use often restricted or blocked. Because of the changes that have taken place or are planned by single interest entities, the Department of Fish and Game is examining and evaluating all of the State's bays and estuaries. Our objective is to develop plans proposing programs that will protect California bays and estuaries for the use slid enjoyment of present and future generations. Sincerely, for Director J CITY OF NEWPORT BEACH CALIFORNIA 92660 _'' city Hall 3300 Newport . Blvd. (414) 843.5110 April 10, 1970 Honorable Doreen Marshall Mayor of the City of Newport Beach Newport Beach, California Dear Doreen: Thank you for your letter of March 27th regarding the planning study for the Upper Newport Bay area.' The Commnission appointed me to serve on the City's Project Task Force in connection with this study, and I will be at the first meeting, Thursday, April 16 at 2:30 p.m. in the Mariners Multipurpose Room. Again, thanks for your courtesy in asking the PB $ R Commission's participation in this most important project. Sincerely, ALEXANDER N, JR., CHAIRMAN Parks, Beaches and Recreation Commission ACC:h ,'R"�'el: �. (`.' O �T/'��� C�-F�I'YL.'J'f !, e'r „ � ^.. ?'i ✓w,a L. �/ 3 r1eF CITY OF NEWPORT BEACH CALIFORNIA mo. City Han 3300 Newport Blvd (714) 673 -2110 April 3, 1970 Mayor Doreen Marshall City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Doreen: At the Planning Commission meeting on April 2, 1970 the following Commission members were appointed to'serve on the City's Project Task Force in connection with the comprehensive planning study for Upper Newport Bay area. Curt Dosh Gordon Glass, alternate Sincerely Jb# J. Jaly4s y, Jr. Chairman, pplanning Commission (k,� A JJJ: h RECEIVED PR 8 19700° K Mayor City of Newport Beach % c i U11. ORGANIZATIONAL MEETING UPPER BAY COOPERATIVE PLANNING PROTECT Date: April 16, 1970 Time: 2:30 P.M. Place: Mariners Multi- Purpose Room 2002 Dover Drive, Newport Beach 1. Opening comments and introductions . . . . . . . . . . . . Mayor Doreen Marshall 2. Review proposed statement of objectives . . . . . . . . . Councilman Ed Hirth 3. Review proposed organizational structure and procedure Harvey L. Hurlburt City Manager 4. Review proposed outline of study program . . . . . . . . George Dawes, Harbor and Tidelands Coordinator 5. Review scheduling matters, including ]mown time limitations . . . . . . . . . . . . . . . . . . . . . . Harvey L. Hurlburt City Manager 6. Summary review of existing development proposal between County of Orange and The Irvine Company. . . . . James Ballinger, Special Projects Engineer for Kenneth Sampson, Director of Harbors, Beaches & Parks 7. Position of Board of Supervisors regarding Upper Bay development . . . . . . . . . . . . . . . . . . . Supervisor Alton E. Allen 8. Implication of any further delays in current develop- ment plan . . . . . . . . . . . . . . . . . . . . . . . William Mason, President The Irvine Company 9. Review of City's responsibility in development of Upper Bay . . . . . . . . . . . . . . . . . . . . . . . Laurence Wilson Planning Director 10. General Discussion LIST OF INITIAL PARTICIPANTS IN COOPERATIVE UPPER NEWPORT BAY PLANNING PROJECT PROJECT CHAIRMAN: Mayor Doreen Marshall PROJECT TASK FORCE; COOPERATIVE AGENCIES: Orange County Councilman Ed Hirth Harvey L. Hurlburt, City Manager Curt E. Dosh, Planning Commissioner Alexander Cameron, Parks, Beaches $ Recreation Commissioner Supervisor Alton Allen Robert Thomas, County Administrative Officer Adrian Kuyper, County Counsel Kenneth Sampson, Director of Harbors, Beaches F, Parks Forest S. Dickason, Planning Director The Irvine Company William Mason, President Raymond Watson, Senior Vice President of Land Development Richard Reese, Vice President of Planning Guy Claire, Legal Counsel CITY TECHNICAL STUDY GROUP: George Dawes, Harbor $ Tidelands Coordinator Joseph Devlin, Public Works Director Laurence Wilson, Planning Director Calvin Stewart, Parks, Beaches $ Recreation Director a OBJECTIVE UPPER NEWPORT BAY COOPERATIVE PLANNING PROJECT The objective of the Upper Newport Bay Cooperative Planning Project is, through cooperative and mutually supporting endeavors of the County of Orange, The Irvine Company and the City of Newport Beach, to produce comprehensive general plans to guide the pattern of growth in the Upper Bay Area. These plans will be designed to insure compatible land and water uses, preserve and enhance the natural assets of the area and create the best possible total environment. The plans will be developed on the basis of the proposed land exchange and other alternatives. ELDENTS Plans will be guided by goals of "Newport Tomorrow" and will be directed toward achieving a marine- oriented environment featuring multiple uses of the waters and shoreline and a high quality residential atmosphere. Accordingly, study plans will include, but not be limited to, consideration of air, noise and water quality; multiple recreational uses; public access to tidelands and waters of the State; marine and wild fowl ecology; sociological trends; economic factors; aesthetics; and the necessary supporting activities and transportation systems. K H U W O K C. C7 Z .. Z Z Q J d .. H Q W C. O H O C. 3 w w n CL r- i I I I I I C7 W} N H LL Z' C7 W ZZ� CD QOd' Q w O W W N m CL W N .. H H W }.Z Q ZZ W -j LL ..QO QQ N W N I C7 w O O W Z O Z C7 � 9 W O Q K fJ O 0 N QZ I 0 uV)m Q TW WJ I Jd'U F-C.7 OW N mOw .. Q cam O 3 w Z W _ w U J U w O w .. W H O U Z to ~ °a U U- Z Q H W Z m w O Q _ N i J ¢ V) F N # Z O H a W # U U f Z W m O 7 O .. O *el U N z L7 1 Z N w Z i Z z'i O Q O .. J U N Z .. O Q .. N } x � U O Q H Q m O U z O U E H O C. 3 w w n CL r- i I I I I I C7 W} N H LL Z' C7 W ZZ� CD QOd' Q w O W W N m CL W N .. H H W }.Z Q ZZ W -j LL ..QO QQ N W N I C7 w O O W Z O Z C7 � 9 W O Q K fJ O 0 N QZ I 0 uV)m Q TW WJ I Jd'U F-C.7 OW N mOw .. Q cam O 3 w Z W _ w U J U w O w .. W H O U Z to ~ °a U U- Z Q H W Z m w O Q _ N i J ¢ V) F N # Z O H a W # U U f Z W m O 7 O .. O *el U N z L7 1 Z N w Z i Z z'i O Q O .. J U N Z O .. N N J SOU w O Q O O U z O d U N m O O Y T W W O Y h W \ O z z O z M +OOQ o M a.aw d Q Q 2 O .i 1 r, z 1 r LJ I lD LD ul I r AGENDA ORGANIZATIONAL MEETING UPPER BAY COOPERATIVE PLANNING PROJECT Date: April 16, 1970 Time: 2:30 P.M. Place: Mariners Multi- Purpose Room 2002 Dover Drive, Newport Beach 1. Opening comments and introductions . . . . . . . . . . . . Mayor Doreen Marshall 2. Review proposed statement of objectives . . . . . Councilman Ed Hirth 3. Review proposed organizational structure and procedure Harvey L. Hurlburt City Manager 4. Review proposed outline of study program . . . . . . . . . George Dawes, Harbor and Tidelands Coordinator S. Review scheduling matters, including known time limitations . . . . . . . . . . . . . . . . . . . . . Harvey L. Hurlburt City Manager 6. Summary review of existing development proposal between County of Orange and The Irvine Company. . . . 7. Position of Board of Supervisors regarding Upper Bay development . . . . . . . . . . 8. Implication of any further delays in current develop- mentplan . . . . . . . . . . . . . . . . . . . . . . . 9. Review of City's responsibility in development of UpperBay . . . . . . . . . . . . . . . . . . . . . 10. General Discussion James Ballinger, Special Projects Engineer for Kenneth Sampson, Director of Harbors, Beaches $ Parks Supervisor Alton E. Allen William Mason, President The Irvine Company Laurence Wilson Planning Director LIST OF INITIAL PARTICIPANTS IN COOPERATIVE UPPER NEWPORT BAY PLANNING PROJECT PROJECT CHAIPMAN: Mayor Doreen Marshall PROJECT TASK FORCE; COOPERATIVE AGENCIES: Orange County Councilman Ed Hirth Harvey L. Hurlburt, City Manager Curt E. Dosh, Planning Commissioner Alexander Cameron, Parks, Beaches & Recreation Commissioner Supervisor Alton Allen Robert Thomas, County Administrative Officer Adrian Kuyper, County Counsel Kenneth Sampson, Director of Harbors, Beaches & Parks Forest S. Dickason, Planning Director The Irvine Company William Mason, President Raymond Watson, Senior Vice President of Land Development Richard Reese, Vice President of Planning Guy Claire, Legal Counsel CITY TECHNICAL STUDY GROUP: George Dawes, Harbor & Tidelands Coordinator Joseph Devlin, Public Works Director Laurence Wilson, Planning Director Calvin Stewart, Parks, Beaches & Recreation Director U 4J '7 O 1!0 C7 Z Z Z Q J d H Q d W d O O U } Q m H d O d 3 W u L n CM (n J f O U Hf�-z �oQ� O U f O d U tn m O O Y >- W W m Y ui n=== f (n . . . d d H � d d W Q 4•'C � O z 1 J W ip W p CITY OF NEWPORT BEACH March 18, 1970 TO MAYOR AND CITY COUNCIL FROM: Ed Hirth SUBJECT: BACK BAY STUDY Tuesday, the County Board of Supervisors unanimously approved joining Newport Beach in the Back Bay Study and assigned the following staff to participate. -- County Counsel, County Executive Officer, Planning Commissioner, Parks and Harbors Manager. As you know, The Irvine Company has expressed their willingness to cooperate in the study. Here are the proposed objectives and elements of the study, along with an organization chart. We are aiming to set up a meeting of all those involved on about April 10 at the Mariners Library. At this time the ob- jective and organization will be approved and a procedure for starting will be established. If you have any objections, questions or suggestions, please raise them under Item 1 on the Study Session Agenda. EH:mm Attachments (2) ED HIM i OBJECTIVE UPPER NEWPORT BAY COOPERATIVE PLANNING PROTECT The objective of the Upper Newport Bay Cooperative Planning Project is, through cooperative and mutually supporting endeavors of the County of Orange, The Irvine Company and the City of Newport Beach, to produce comprehensive general plans to guide the pattern of growth in the Upper Bay Area. These plans will be designed to insure compatible land and water uses, preserve and enhance the natural assets of the area and create the best possible total environment. The plans will be developed on the basis of the proposed land exchange and other alternatives. ELRAENTS Plans will be guided by goals of 'Newport Tomorrow" and will be directed toward achieving a marine- oriented environment featuring multiple uses of the waters and shoreline and a high quality residential atmosphere. Accordingly, study plans will include, but not be limited to, consideration of air, noise and water quality; multiple recreational uses; public access to tidelands and waters of the State; marine and wild fowl ecology; sociological trends; economic factors; aesthetics; and the necessary supporting activities and transportation systems. V W z F J C. rr F W C. Y C. 3 W Z w W C. C. Im" f V O Q V f I � I ¢ I 2 C Y H W >- v) z zz> W C' O uj - ¢ L.) CL L Li N W N I .- ELL. H wW W J C.. C- W iN N O �+Ow o V � Y H .r V W 1 V J O V LL Z M O Y V N �t H K 1 N H V f W m z '� • O O a. V � C ri-ij N p Z J W p r-i H I I N H Z H J V) N it Z + O it V C7 C= Z O C. Z V � � W O ¢ 0 J C7 d p Y D: p V N O H J V N m 0 O W O 3 � J � H Q p V Z 2 •4: V O W H H op V .W m w C. M Z O N N J � O U C_O¢O O Uf O C. U C. Y Y =-mm>- N m m p Y Y W W o Y W O Z Z Z f N ""1 H •-.1 Q. OOQ C > O d d w ¢ ¢ < a 0 z I � W I ip ca e March 27, 1970 Mr. Alexander Cameron, Jr. Chairman Parks, Beaches and Recreation Commission. 1524 Dolphin Terrace Corona del Mar, California 92625 Dear Sandy: As you nay know, the Newport Beach City Council recently initiated a comprehen- sive planning study for the Upper Newport Bay area. This action was taken on February 9, 1970, by the adoption of Resolution No. 7137 which I have attached for your information. The County of Orange and -the Irvine Company have been invited to cooperate in the conduct of this study. Both partie's have expressed their willingness to work with the City on this program. I would like to request the Parks, Beaches and Recreation Commission to appoint one of its members to .serve on the City's Project Task Force in connection with this study. Councilman Ed Hirth has been appointed to represent the City Council on this Task Force. A representative from the Planning Commission and the City. Manager will complete the membership on the Task Force. I am enclosing a diagram which shows the tentative organizational structure for this Upper Newport Bay cooperative planning project. We have scheduled the first meeting of the principals and staff to be involved in this cooperative study for Thursday, April 16 at 2:30 p.m. in the Mariners Multipurpose Room. I hope that the representative from your Commission will be able to attend this initial meeting. It will be at this time that the objectives, criteria and time schedule for this planning study will be discussed and out- lined in detail. We look forward to your Commission's participation through its representative on this very important project. Most sincerely, DOREEN MARSHALL Mayor E :Pg cc: E. F. Hirth, Councilman Gal Stewart,'Parks, Beaches F Recreation Director Mr, John J. ..'Jakosky, Jr. Chairman Newport Beach Planning Commission 1718 Terrapin way Newport Beach, California 92660 Dear John: As you may know, the Newport Beach City Council recently initiated a comprehen- sive planning study for the Upper Newport Bay area. This action was taken on February 9, 1970, by the adoption of. Resolution No. 7137 which I have attached for your information., The County of Orange and the Irvine.Company have been invited to cooperate vi the conduct of this study. both patties have expressed their willingness to work with the City on this program. I would like to request the Planning Commission to appoint one of its members to serve on the City's project task force in connection with this study. Council- man Ed Hirth has been appointed to represent the City Council -on this Task Force. A representative from the ParksiAeaches and Recreation Commission and the City Manager will complete the membership on the Task Force. I am enclosing a diagram which shows the tentative organizatiohil structure for this Upper Newport Bay cooperative planning project. We have scheduled the first moeting of the principals and staff to be involved in this cooperative study for Thursday, April 16 at 2:30 p.m. in the Mariners Multipurpose Room. I hope that the representative from your Commission will be able to attend this initial meeting. It will beat this time that the objectives, criteria and time schedule for this planning study will be discussed and out- lined in detail. We look forward to your Commission's participation through its representative on this very important project. Most sincerely, DOREEN MARSHALL Mayor DN:pg cc: Councilman E. F. Hirth Laurence Wilson, Planning Director REPORT ON NATURAL RESOURCES OF UPPER NEWPORT BAY AND RECOMMENDATIONS CONCERNING THE BAY'S DEVELOPMENT MARCH 1970 RE50URGEb AULNUY THE DEPARTMENT OF FISH AND GAME i }a ^��. e:'t. .� 7 �- i r3 t i �f a } ._Q if�-�.: � ,��`;.. r,`'I. 4 • > { i 1 �... - .FyKi+'r. ,� {. d 2 }� ® ®® y Yt;y.. �. TABLE OF CONTENTS Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Summary . ............................... 6 Recommendations . . . . . . . . . . . . . . . . 8 Resources ' Description of Area . . . . . . . . . . . . . . . . . . . . . . . . 10 Shoreline . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Bay and Marshland . . . . . . . . . . . . . . . . . . . . . . . 12 Associated Upland . . . . . . . . . . . . . . . . . . . . . . . 13 Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Ecology . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Habitat . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Fisheries . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Land Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Harbor . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Present and Future Uses Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Sport Fishery . . . . . . . . . . . . . . . . . . . . . . . . . 26 Nature Study and Birdwatching . . . . . . . . . . . . . . . 26 Scientific and Educational . . . . . . . . . . . . . . . . . . . . . 28 Boating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Urban . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Industry and Commerce . . . . . . . . . . . . . . . . . . . . . . . 30 Aesthetic and Scenic . . . . . . . . . . . . . . . . . . . . . 31 Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 - 3 - TABLE OF CONTENTS - Cont'd Conflicts in Proposed Uses . . . . . . . . . . . . . . . . . . . . . . 32 Proposed Plans for Development of Upper Newport Bay . . . . . • 35 Upper Newport Bay Land Exchange Proposal . . . . . . . . . . . . . 35 Proposed Development . . . . . . • • • • • • • • • • • • . • 36 Effects on Living Resources . . . . . . . . • • • • • • • • • • 38 Upper Newport Bay Proposed Park Plan . . . . . . . . . . . . . . . 40 Proposed Development . . . . . . . . . . . . . . . . . . 40 Effects on Living Resources . . . . . . . . . . . . . . . . . . 41 Upper Newport Bay Proposed Alternate Plan . . • . • • • • • • • . 41 References . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . 46 Appendix A - PLANTS OF UPPER NEWPORT BAY . . • • • • • • . • . • 49 Appendix B - MARINE INVERTEBRATES OF UPPER NEWPORT BAY . . . . . . . 50 Appendix C - MARINE FISHES OF UPPER NEWPORT BAY . . . . . . . . . . .- 59 Appendix D - REPTILES AND AMPHIBIANS OF UPPER NEWPORT BAY . . . . . . . 61 Appendix E - BIRDS OF UPPER NEWPORT BAY . . . . . . . . . . . . . 62 Appendix F - Mk41ALS OF UPPER NEWPORT BAY . . . . . . . . . . . . . 68 - 4 - 6- INTRODUCTION Several.planning studies and reports have been completed in the past for Upper Newport Bay. These proposals and plans were primarily directed toward developing the bay as a marina - residential complex with provisions for water- associated recreational activities and commercial installations to provide the associated services. In each of these proposed plans, minor attention was given to the natural beauty, scenic quality, and natural resource values, although these are some of the most important basic values of the area. The far- reaching ecological consequences that could result from the bay's development certainly were not considered. This report discusses the natural resources and present uses of Upper Newport Bay, and some problems that should be considered when determining 'how best to develop the area. Three proposed plans for developing the bay are reviewed and the ecological effects of each is discussed. Sugary .comments and recommendations by the California Department of Fish and Game are presented. - 5 - A Upper Newport Bay is without doubt the most outstanding example of a. relatively natural estuary in southern California; in fact, in the area it is one of the few remaining examples of this type habitat. Studies to determine how best to develop Upper Newport Bay were made as long ago as 1924 and various proposals have been made over the years. Few of these considered the ecological consequences of modifying the bay. Increased public awareness of the coastal areas, particularly the fragile bays and estuaries is requiring that conservation and preservation of these areas receive adequate consideration. Upper Newport Bay supports many resident and migratory birds; many species of plant and animals are found here; and the bay is a nursery ground for numerous marine organisms. In addition, the area now satisfies many recreational demands for boating, water skiing, nature study, bird - watching, and fishing, as well as providing for scientific and educational use. Its high aesthetic and scenic values are apparent. This report is primarily concerned with the bay and the immediately adjacent areas, although future modifications of the nearby region also must be considered because of their impact upon the bay. Biotic communi- ties of Upper Newport Bay are described, and species lists are presented. Over 60 species of fish, 159 species of birds, along with numerous plants and invertebrates are found in the bay. The bay provides wintering and resting grounds for numerous migratory shorebirds and waterfowl, as well as nesting areas for a number of resi- dent birds. A census conducted by the California Department of Fish and Game in 1967 and 1968 revealed an estimated 4,000,000 bird use days for the bay. The bay also receives moderate use by various educational insti- tutions in southern California. - 6 - . With the increased demands for boating, swimming, and other recreational facilities, and the growing demands for marine -type residen- tial areas, the development of Upper Newport Bay has become a critical issue in recent years. Since so many different factions are interested in the bay, conflicts have arisen concerning its development. Some of these are considered in this report. Three divergent proposals for developing the bay are discussed and the ecological consequences of each are considered. The Upper Newport Bay Land Exchange concept proposes that the total bay be developed as an urban- marina - commercial aquatic complex with several public parks strategically located. Unfortunately, the implemen- tation of this proposal would have far - reaching deleterious ecological effects as a result of the extensive habitat modifications. A proposed Upper Newport Bay Park Plan suggests the bay be developed as a park and nature interpretation center maintaining its present config- uration. This complex could be operated by either a city, county, or state agency, and public access would be guaranteed to most parts of the bay. Ecological values would remain high. An Upper Newport Bay Proposed Alternate Plan is the third discussed in this report. This plan provides for cbannelization and urban - commercial development in the southern part of the bay and the establishment of a park and nature interpretation center in the northern end of the bay. This pro- posal establishes a number of islands in the northern part of the bay to replace those that are lost in the southern half. This plan proposes that 4 fish and wildlife values be maintained, at least at the present levels. Some.recreational facilities would be provided, and public access to most areas in the northern portion of the bay would be guaranteed. - 7 - Basically, the real problem involved with selecting one of the many proposals concerning the development of Upper Newport Bay is answering the question, "What kind of a legacy does this generation want to leave to those of the future ?" RECM ENDATIONS The California Department of Fish and Game makes the following recommendations concerning the development and use of Upper Newport Bay: 1. In order to maintain the fish and wildlife values at the highest possible level, the Department recommends that the Upper Newport Bay Proposed Park Plan (page 40) be adopted. This proposed plan maintains the present aesthetic and scenic values of the bay and provides for possible enhancement of the fish and wildlife values in the bay. It insures continued public access through public ownership and provides for some financial benefits to the community through establishment of a park. (In a memorandum to the State Lands Commission, dated August 23, 1966, the Resources Agency transmitted recommendations of the Department of Fish and Game to preserve certain unique ecologi- cal features in Upper Newport Bay, The Department's recommen- dations essentially proposed the construction of three man -made islands to preserve some of these features. In a memo to the 1 County Board of Supervisors of October 4, 1969, the Resources Agency notified the Board, "The Department of Fish and Game and the Department of Parks and Recreation have carried out 2 intensive studies to determine the natural resource values of the gay. We have found that our "three man -made islands" proposal of 1966 will not adequately protect the Bay's ecology. If the plans, which formed the basis of the land exchange, are carried out as conceived, most of the natural resource values will be destroyed. ") i 2. Final plans adopted for developing Upper Newport Bay should insure that the water quality remains high regardless of the modification. 3• Flood control developments in Upper Newport Bay should take into consideration maintenance of the ecological values of the bay. Flood control proposals for Upper Newport Bay are being formulated. Maintenance of habitat for fish and wildlife during and after construction or modi- fication is essential. 4. Public access for fishing and viewing of wildlife shall be provided throughout the reaches of Upper Newport Bay. - 9 - 0 Description of Area Upper Newport Bay is located in Orange County. This picturesque bay is the northerly arm of Newport Bay Harbor which is located about 24 miles southeast of the Los Angeles -Long Beach Harbor and approximately 72 miles northwest of San Diego. The early Spanish name of Bolsa de Quigara, bay with high banks, aptly describes the narrow winding cuspate bay with its vertical cliffs. Upper Newport Bay is comprised of about 1,000 acres of tideland and salt marshland, and extends about 3.3 miles northerly from Pacific Coast Highway (Figure 1). While the primary area encompassed by this report includes only Upper Newport Bay, it is necessary to consider a much larger area in order to evaluate the effects upon wildlife of habitat modifications that may occur in the bay. This larger study area is bordered on the north by Barranca Road; on the east by Culver Road to University Drive, to MacArthur Boulevard, to Pacific Coast Highway, to Poppy Avenue; on the south by the Pacific Ocean; and on the west by Newport Boulevard and the Newport Free- way (Figure 1). Shoreline The water frontage for the existing Upper Newport Bay waterways measured along the high tide line is 70,049 feet. Of this, 6,088 feet (8.7 %) are publicly owned. However, the right of public access exists for a much greater portion. Public access is available along the east shore where a 40 -foot easement on Back Bay Road (formally called Palisades Road) intersects the tidelands (Orange County Board of Supervisors, 1940). On the west shore, public access exists along North Star Lane (City of Newport Beach Planning Department, 1968). - 10 - a FIGURE 1 UI►ER NfWFGIT MY STUDY AREA Along both sides of the bay there are nearly vertical cliffs which reach a maximum height of 100 feet. At the base of the bluffs of Upper Newport Bay is a bench cut into ancient marsh deposits. In some areas, this is less than a foot wide, while in others its width is well over 100 feet. This bench averages 38 inches above the present marsh on the western shore and about 62 inches on the eastern shore, which has a road F running along the shoreline from the "salt basins" at the northeast end of the bay toward the southern part of the bay. The southern end of Upper Newport Bay has been modified to such an extent that its present shoreline bears little resemblance to the original conformation. Bay and Marshland A narrow extension of the San Joaquin Hills forms the east headland at the mouth of Upper Newport Bay. This area and the large marsh at its base have been extensively modified and bear only slight resemblance to their original condition. For this reason, these areas are not considered in this plan. About one mile south of the bay's northern end, the bluffs on the sides of the bay are about 400 yards apart. This construction is called the Narrows. Between the Narrows and the lower end of the bay, there are two offshore islands and an extension of the eastern headland that form a northward - extending peninsula called Shellmaker Island (Figure 1). There are numerous salt marshes, mud flats, and sand flats in the • bay. The two islands and the northern portion of Shellmaker Island com- prise the major marsh areas in the upper bay. Marshlands also extend from the base of the bluffs into the bay at various locations. - 12 - Extensive mud.flats occur north of the Narrows, and a dikes /which runs southeasterly from the mouth of the Delhi Drainage Ditch, bisects the northern half of Upper Newport Bay. Salt ponds= occupy the north- eastern part of the bay. Associated Upland Upper Newport Bay is practically surrounded by bluffs from 40 to 100 feet in height. Beyond them, to the west, the mesa land has a gentle slope, and to the east it rises in terraces to the San Joaquin Hills. Gently rolling land lies north of its upper end. On the mesa, to the vest, there is a rapidly developing residential area adjacent to the bluffs. The fast growing city of Costa Mesa lies a little further to the west. East of the bay residential and industrial complexes are in various stages of development. The University of California Irvine Campus is located about 1.5 miles northeast of the upper end of the bay. To the north, industrial and residential areas are also rapidly devel- oping. The Orange County Airport is situated about 1.5 miles north, northeast of the upper end of the bay, which is in the plane take -off flight pattern since the prevailing winds are from the southwest. Drainage The principal drainage into the upper bay is from San Diego Creek. This creek receives water from a 109- square -mile area consisting of mountains, farm land, and urban development (residential, University of California Irvine Campus, industrial). The maximum peak flood discharge on record was estimated at 10,000 second feet (1969 discharge data are 1% The center of this dike was washed out by floods during the early part of 1969. 2% These ponds are no longer being operated since their dikes were destroyed by the 1969 flood. 13 - not included). An earth fill dam on San Diego Creek was constructed by the Irvine Company in 1946 about 1.1 miles northeast of the upper bay. This dam has a capacity of approximately 3,000 acre feet and is used to regulate flood runoff. It also helps retard silting in the upper bay. The Bonita Creek drainage area of 5.7 square miles discharges into the drainage ditch below the San Diego Creek dam. A dam constructed by the Irvine Company on Bonita Creek forms Bonita Reservoir. Big Canyon, with a drainage area of 2.2 square miles, discharges into the central part of Upper Newport Bay from the east. The Delhi Drainage ditch discharges into the northwest corner of the upper bay.. Ecology Climatically, Newport Bay may be classified as Mediterranean or dry- summer sub - tropical area. This climate is characterized by a concen- tration of the moderate annual precipitation during the winter season, with nearly or completely dry summers, warm to hot summers and mild winters, and reception of a high percentage of the possible sunshine for the year, especially in the summer months. The mean yearly temperature is 600 F., with an average range of 13.50 F., and the normal rainfall is 14.55 inches. As along the rest of the southern California coast, this area characteristically has much early morning fog and low stratus clouds. Usually the cloud layer dissipates in the late morning hours, and the relative humidity drops to 25 or 30 percent in the afternoon. Hydrographic conditions are relatively simple in Upper Newport Bay. There is no continuous inflow of fresh water, nor is the bay wide enough to form the mixing and circulation patterns which occur in larger bodies of water. The principal currents are from the ebb and flow of tides, - 14 - although minor surface currents occur frequently from winds. The bay has been affected by occasional strong tides and floods, and is influenced by the daily tides as well as runoff from the coastal plain. Water temperatures are exceedingly variable in Upper Newport Bay because of its general shallowness. They show a diurnal range of about 150 F., but small seasonal variation. Heating and cooling are affected by three factors: Tides, insulation, and absorption or radiation from the bottom. The tide plays the most important role of these three.factors in influencing water temperatures. Throughout most of the year, water temperatures in Upper Newport Bay are generally higher than those of the open ocean outside the Newport barrier island, but are lower during the three winter months. .The bay forms a;vital link in _the ecological system:of southern., California,, especially for marine fish and wildlife...With...the; continued, thrust �pf urbahization, , which already has resulted.in the-loss.of.most-.- ,es tuar Aee habitat in southern California, the role of Upper.,Newport..Bay: -, is becoming extremely important. It.is - necessary to look at,a.ruch,., larger geographical area to gain insight, concerning the ecological . impor - tance.,of the,.bay. :. At the start of this century, there were 28 sizeable estuaries .in, , southern California. Three of.the estuaries have disappeared,and 0 others, have been, drastically modified. Most of the remaining.l5 are either in,:the.process.of being severely changed or are scheduled for prof ound,alteration. In.all of California, over 6q% of sRch .estuarine y ar•,eas,.- already: have been destroyed. Upper Newport Bay. is. the last major_ baylike body of water remaining in a fairly pristine.condition, along „400 miles of co ast..between..Morro Bay and Estero de Punta Banda in Mexico. - 15 - Upper Newport Bay unquestionably plays many ecological roles. It receives drainage from a sizeable expanse of land. Sediments, dissolved materials, and organic substances are carried in, modified, and deposited or discharged into the sea. The bay contains a specialized fauna and flora adapted for life in the quiet shallow waters. A wide variety of plants are found in Upper Newport Bay and the lands Im mediately adjacent to it because of the environmental changes between terrestrial and marine conditions. The water over the deeper parts of the bay contains phytoplankton which live near the surface. The marshes and the adjoining shallow water contain the bulk of the plant life, and two major groups of plants are common, flowering plants (phanerogams) and attached algae (Appendix A). The algae are primarily marine species but are tolerant of exposure to air and variable salinity. The flowering plants on the marshlands and islands are adapted to high salinity and to variable amounts of submergence by tidal water. Between the bluffs and the bay, a community of terrestrial plants exists that is never inundated, even by the highest of tides. However, this group of upland plants is fully exposed to salt spray and moisture -laden marine air. Numerous species of marine invertebrates also inhabit the bay's waters and substrates (Appendix B). Many of these form vital links in the food chain of the "higher" animals, particularly the birds. The bay also serves as a nursery ground for numerous species of marine fishes. Most of the known 61 species of marine fishes that occur in Upper Newport Bay are found south of the Narrows (Appendix C). There are 19 species of amphibians and reptiles found in areas adjacent to the upper bay (Appendix D). The mud flats, marshlands, and the adjacent coastal habitat of Upper Newport Bay, support large aggregations of shorebirds. Wintering - 16 - s populations of dunlins, western and least sandpipers, willets, short - billed dowitchers, long- billed curlews, and marbled godwits are among the more numerous of the shorebirds utilizing the area during their migrations. These birds are most dependent upon mud flats and tidal marshlands. Some shorebirds spend more than three - fourths of the year in migration and on the wintering grounds. The bay's gentle slopes and the rise and fall of the tide expose many acres of tidal land for foraging by shorebirds. In all, the bay provides over 450 acres of excellent habitat for water oriented birds. Higher densities of birds are most commonly found on the islands and in the northern portion of the bay. There are about 70 species that are commonly seen in or adjacent to the bay, with an additional 89 species that may be occasionally seen (Appendix E). over 10 species of mammals commonly occur adjacent to the bay (Appendix F).. Habitat While there are 1,282.9 acres in the primary area (Figure 1), an additional 14,704.9 acres also are considered (Table 1) when looking at possible ecological consequences of developing the upper bay. A number of habitat types or zones are found, and in the following discussion only the primary area will be considered; nevertheless, in assessing effects on the living resources that may result from altering existing habitat in the primary area, man's modification of adjacent areas certainly must be considered. - 17 - Upper Newport Bay Habitat Areas * These lands are rapidly decreasing as the area becomes more urbanized. The primary area contains six habitat zones or types: 1. Primary Area Adjacent Area Total Zone (Acres) (Acres) Acres Marine 170.0 520.8 690.8 Littoral 574.5 15.0 589.5 Maritime 262.8 330.6 593.4 Salt Ponds 130.0 0.0 130.0 Upland 50.0 2,419.0 2,469.0 Agriculture 0.0 2,767.7 2,767.7 Urban /Industrial 95.6 8,316.0 8,411.6 Duck Ponds 0.0 335.8 335.8 Totals 12282.9 14,704.9 15,987.8 * These lands are rapidly decreasing as the area becomes more urbanized. The primary area contains six habitat zones or types: 1. Marine 4. Upland 2. Littoral 5• Salt Ponds 3. Maritime 6. Urban /Industrial The first four are "natural" in occurrence, while the last two are the result of man's activities. The marine zone in Upper Newport Bay is continually submerged under seawater (Figure 2) and encompasses 170 acres. The littoral zone may be defined as that area subjected to submergence by tidal waters, and com- prises the largest portion of the upper bay (574.5 acres). This is undoubtedly the most critical zone as far as alterations by man are concerned. The Upper Newport Bay mudflats, exposed at low tides, and all the marshlands make up this habitat type that is most rapidly being lost in California. Adjacent to the littoral zone there is an area that is never inundated, even during the highest spring tides, but is fully exposed to salt spray and moisture -laden marine air. This area is called - 18 - } Z N W W G 6 �0 W N W z 0 N H L uC Q S the maritime zone and includes the dunes and bluffs, and consists of 262.8 acres. The upland zone is found beyond the maritime zone and 50 acres of this type habitat are located in the primary area. There are 130 acres of salt ponds in the northeastern corner of Upper Newport Bay while the southern portion of the bay contains 95.6 acres of urban/industrial development. Each of these zones has its characteristic flora and fauna (Stevenson and Emery, 1957; and Barnard and Rush, 1959; Vogel, 1966), and any modifi- cations to these habitats result in biological changes, some predictable. Fisheries The waters of Upper Newport Bay are used for spawning and nursery purposes by a number of fish species. For example, the spotted sand bass, California halibut, and California barracuda use the bay as nursery grounds. In all, 61 species of fish have been reported from the bay (Appendix C). While a number are common, the deepbody anchovy, topsmelt, and round stingrays are very common in certain areas. Numerous shellfish occur in the deeper channels as well as on the tidal flats (Appendix B). Smooth chiones, wavy chiones, bay mussels, rough -sided littlenecks, common littlenecks, and rosy razor clams are very common in certain areas. Numerous "bait species" of invertebrates also are common in the littoral zone. Wildlife The primary group of wildlife using Upper Newport Bay is the migrant , water- associated birds. While the greatest use is from mid- September to April, birds are found on the bay all year. A census conducted by the Department of Fish and Gagne during 1967 and 1968 revealed the low period - 20- of bird use occurred during June. On February 14, 1968, an estimated 1 56,250 birds were tallied; by June 14, 1968, the count was only 550 birds (Table 2). Based upon the 1967 -68 census, a conservative estimate of close to 4 million bird day use was calculated. Shorebirds accounted for 74% of this use. They were in greatest abundance between mid - September and April. Use by ducks accounted for the other 26%. Their peak number occurred between mid - September and March. These use figures are based upon the bay proper and the adjacent marshlands, and do not include use of the areas immediately adjacent to the bay. There are a number of resident and migrating birds that use these habitats. Numerous amphibians, reptiles, and mammals are found in areas just adjacent to the bay; however, there are no data available concerning population sizes. Land Ownership The uplands adjacent to Upper Newport Bay are privately owned. The bay is under both private and public ownership, The Irvine Company owns 346.3 acres while 411.8 acres are owned by Orange County (Table 3). The water frontage for existing Upper Newport Bay waterways measured along the high tide line is 70,049 feet. The Irvine Company owns all water frontage except 6,088 feet located at Harry Welch Park. In other words, the public owns 8.7p of the bay's water frontage (Sampson and Ballinger, 1964), while 91.3% is in private domain. There is a 600 -foot 21 - RX-TEDW ESTIMATED BIRD DAY USE OF UPPER NEWPORT BAY Based on 1967 -68 Census 1 -26 -68 10,553 10,500 Percent *- Adjusted Number Total 1 -31 -68 10,778 Adjusted No. Ad- Bird Days in Bird Day Date Census Census justment Numbers Period Use 9 -07 -67 4,554 4,500 50 9,000 1 9,000 9 -08 -67 5,683 5,500 50 11,000 118 1,298,000 1 -o4 -68 8,550 8,500 50 17,000 6 102,000 1 -10 -68 4,339 4,500 50 9,000 15 135,000 1 -25 -68 17,224 17,000 50 34,000 1 34,000 1 -26 -68 10,553 10,500 50 21,000 5 105,000 1 -31 -68 10,778 11,000 20 13,200 5 66,000 2 -05 -68 20,192 20,000 25 25,000 9 225,000 2 -14 -68 45,241 45,000 25 56,250 6 337,500 2 -20 -68 15,929 16,000 25 20,000 6 120,000 2 -26 -68 7,322 7,500 30 9,750 7 68,250 3 -o4 -68 21,621 21,500 30 27,950 16 447,200 3 -20 -68 18,206 18,000 30 23,400 5 117,000 3- 25-68 11,446 11,500 25 14,375 8 115,000 4 -03 -68 13,998 14,000 25 17,500 7 122,500 4 -10 -68 13,783 14,000 30 18,200 8 145,600 4 -18 -68 15,252 15,000 25 18,750 11 206,250 4 -29 -68 2,318 2,500 15 2,875 9 25,875 5 -07 -68 11279 1,200 15 1,380 38 52,440 6 -14 -68 483 500 10 550 14 7,700 6 -28 -68 1,077 1,000 10 1,100 14 15,400 7 -12 -68 1,397 1,500 30 1,950 49 95,550 8 -30 -68 5,116 5,000 25 6,250 7 43,750 9 -o6 -68 12,813 13,000 25 16,250 1 16,250 Total 3,910,265 *- Estimated percentage of census area not included in count. * This 118 -day period occurs when the bird population in Upper Newport Bay normally is increasing; therefore, this is con- sidered a conservative figure. - 22 - county beach on the east side of the ski area in-the bay. The slope of this beach is on lands owned by Orange County; however, the back portion is on Irvine land. A 20 -foot easement over Irvine lands provides public access to the ski area. TABLE 3 * UPPER NEWPORT BAY OWNERSHIP Public Ownership Exclusive Public Ownership County Tidelands (Tidelands Grant, 1919; 1929) 403.7 acres Harbor District (Coney Island Purchase, 1956) 8.1 Total 411.8 acres Limited Public Rights ** Public Easement (Tidelands Patent No. 204) 243.0 acres Under Public Ownership or Prescriptive Rights 654.8 acres Private Ownership Irvine Company *# Tidelands Patent No. 204 243.0 acres Fee Owned Islands 103.3 Total 346.3 acres * Source: Sampson and Ballinger, 1964 The County of Orange was granted a public easement and rights of fishery and navigation over the Tidelands Patent No. 204 in Superior Court Decree No. 20436. The northerly end of Upper Newport Bay was granted to James Irvine on January 25, 1901, by Tidelands Patent No. 204. These lands are subject to a public easement for navigation and fishing. The boundaries of this par- cel were adjusted by the Superior Court of the State of California in and for the County of Orange in its Decree No. 20436, dated May 6, 1926, that defined the line of ordinary high tide and further defined the title granted in the tidelands patent. This parcel consists of 243.0 acres. - 23 - The upland adjacent to the bay and the three islands in the bay are mined in fee by the Irvine Company. The line of ordinary high tide for the uplands and the northerly island was adjudicated by Superior Court Decree No. 20436. The other two islands were referred to in the decree as being excluded from the county tidelands; however, the line of ordin- ary tide was not included in the adjudication. The two islands were not awned by the Irvine Company at that time but have since been acquired. Aerial photos and government charts of the area indicate the mean high tide line along the islands has been relatively unchanged from early maps to the present; therefore, the estimated size of the area owned by Irvine Company is reasonably accurate. The three islands comprise 103.3 acres. Orange County owns 411.8 acres of.Upper Newport Bay. The State of California granted 403.7 acres to the County on July 25, 1919 (Statutes of California, 1919 and 1929), and the Orange County Harbor District purchased 8.1 acres, known as Coney Island, through an eminent domain action on March 6, 1958, for $U2,310. Portions of the County's Coney Island were included in the 69.5 acres leased to Newport Dunes, Inc., in 1958, for the development and operation of an aquatic park. Harbor The southern end of Upper Newport Bay now provides anchorage and berthing facilities for a number of small craft. There are some private boat facilities associated with the residential area on the upper bay's southwestern shore (Dover Shores). The present berthing capacity is approximately 500 boats. There are launching facilities for trailered boats which have a daily capacity of about 900 boats. - 24 - Lower Newport Bay is really the center of boating activity and has both private and public boating facilities. It also is the base of operations for sport and commercial fishing activities. PRESENT AND FUTURE USES Parks Harry Welch Park is located on the southeast shore of Upper Newport Bay. This county -owned 69.5 -acre aquatic park is under lease to Newport Dunes, Inc., and includes swimming beaches, picnic grounds, boat launch- ing ramps, and a large trailer park. Landscaping is sparse and the signs, toll gates, and extensive paved areas give the park a distinctly commer- cial character. The 28.5 -acre Harry Welch Paris Lagoon provides public swimming facilities along a 6,058 -foot beach. This facility now provides over 1 million user days annually and has an estimated daily capacity of about 24,000 people (based on a 100% turnover in 1 day). A 600 -foot county beach is located on the eastern shore of the bay by the water ski area. This beach is used by a number of people, primar- ily in association with water skiing activities. This area was not in use during 1969 because of contamination problems caused by floods in January. The population continues to grow in southern California and demands for "quality" swimming and recreational areas remain high. There is a rapidly increasing demand for maintaining the natural environment. As more and more of the agricultural areas become urban- ized, people are asking that additional undeveloped areas be set aside to help maintain the quality of their environment. The concepts of recre- ational areas and undeveloped areas need not be in conflict; with proper - 25 - planning areas for "low density' recreation activities (parks, bird - watching areas, fishing areas, etc.) and marine and wildlife reserves are highly compatible. Upper Newport Bay has the natural resources as well as being ideally located for meeting fixture "low density' recrea- tional demands. In 1965, over 7.7 million ;people were living within two hours driving time of Upper Newport Bay. This does not include San Diego County. By 1990 the same area will contain an estimated 15.5 million people. This population increase plus a shorter work week, more leisure time, and higher incomes will certainly increase the demands for "low density" recreation. Sport Fishery The upper bay is a spawning grounds and nursery for some sport species. Sportsmen fish from the bank at several spots along the eastern side of the bay. They catch spotfin croaker, spotted sand bass, California corbina, queenfish, opaleye, white seaperch, shiner perch, diamond turbot, and California halibut. There is some sport use of the clam resources in the bay. While present sport use of Upper Newport Bay is relatively light, 5,700 man -days fishing annually, demands will increase in the future. These demands can be met if adequate public access is maintained in the future. The public enjoys access to much of Upper Newport Bay for the purpose of fishing, and with growing recreational demands, this access should be considered in any development plan for the upper bay. Nature Study and Birdwatching The marshlands, mud flats, and uplands attract many species of birds to Upper Newport Bay. Since the bay is the only remaining inlet on the 26 - southern California coast that is neither developed nor in Defense Department ownership, it is the ideal spot for sightseeing and bird - watching. No hunting is permitted in the bay so it is an ideal resting and feeding area for migratory shore and water birds as well as an excel- lent habitat for resident birds. There are 159 species of native birds that are known to occur in the area as well as a species of flamingo. (These birds escaped from Sea World in San Diego several years ago and are regularly seen in bays and estuaries along the southern California coast.) Presently there is- moderate use of Upper Newport Bay by bird watchers; however, this nonappropriative activity is becoming much more popular. On February 15, 1969, over 1,200 people visited the upper bay to view the birds and wildlife. The attendance records of nature study areas empha- size the interest in this activity in southern California. The Tucker Bird Sanctuary in Orange County has approximately 35,000 schoolchildren visiting it each year (Table 4). TABLE 4 USE OF SOME NATURE ORIENTED FACILITIES IN THE LOS ANGELES AREA Facility San Dimas Park La Verne, California Robt. M. McCurdy Nature Center Pasadena, California Operated Acres By Los Angeles 138 County Los Angeles 185 County Audubon Center of Southern California E1 Monte, California 127 Audubon Society Tucker Bird Sanctuary San Fernando Orange County 10 Audubon Society - 27 - Annual Visitor -Days 175,244 7,569 in groups, no record for indi- vidual attendance 46,138 34,114 With the increase in population and the decrease in undeveloped areas in southern California, the demands for birdwatching areas will rapidly increase. Even in relatively undeveloped areas like northern California this nonappropriative use of living resources is becoming very popular. For example, at Gray Lodge ( a Fish and Game Wildlife Area in the Sacramento Valley) July 1968 through June 1969, records indicate there were 11,377 hunters, 7,370 fishermen, and 11,172 visitors who came to view wildlife. During the same period at the Imperial Wildlife Management Area near the Salton Sea, there were 9,288 hunters, '5,154 fishermen, and 8,481 other individuals who came to see the wildlife. Department of Fish and Game records indicate that statewide approximately 72,000 hunters, 74,000 fishermen, and 31,000 wildlife viewers visited State Wildlife Management Areas which are removed from population centers. The demands for nature areas in Orange County is certainly going to increase, and Upper Newport Bay can help meet them. Scientific and Educational There are considerable zoological,, botanical, geological, and archeo- logical resources in Upper Newport Bay that are of scientific value and interest. The broad mudflats, marshlands, marine waters, and their asso- ciated biota represent an ecological complex that is rapidly passing out of existence in southern California. The proximity of the University of California at Irvine and Orange Coast College to the bay make it very accessible for use by these institutions of higher learning. In addition to these nearby institutions, California State College at Fullerton, California State College at Long Beach, and several junior colleges make considerable use of the bay for research. Annually the Marine Biology Program at California State College at Fullerton is provided approximately - 28 - .. $240,000 of federal support monies for research mainly conducted in Upper Newport Bay. The Bay also is used by several high schools in the area for field trips. While the use by educational institutions may now be described as moderate, the future demands for scientific and educational use of Upper Newport Bay certainly will increase since this is one of the last places in southern California where mudflat- marshland environment exists. Boating Recreational boating is a very popular activity in the Newport area. A large portion of the business activities in the lower portion of the bay is devoted to this pastime. A private marina complex, Dover Shores, is located on the southwestern shore of the upper bay. A number of vessels are berthed in this area. Across the bay on the eastern shore, over 500 boats are berthed in the Harry Welch Park area. In addition, there are facilities for launching trailered boats not only at Harry Welch Park, but at several other places on the southern end of the bay. There is also a launching area at the mouth of Big Canyon. This facility services the water ski area just north of the Narrows. The demand for boating areas and facilities will continue to increase in the Newport Bay region, as well as throughout southern California. At the present time much of this demand is being satisfied in Newport Bay; however, facilities in this area are reaching their maximum use, and addi- tional facilities are sorely needed. Upper Newport Bay could help satisfy at least a part of this demand. - 29 - r; Urban ,a- Almost the entire perimeter of the west side of Upper Newport Bay contains costly, single- family homes. The northern end is also rapidly becoming an urban area of single- family dwellings. On the east side, north of Big Canyon, there is a well - planned, high quality town house and garden apartment development known as "The Bluffs ". The Newporter Inn is located just to the northeast of Harry Welch Park, but at the present time the area between the inn and the southern side of Big Canyon is not devel- oped. It is only a matter of time until this area too will become another residential or commercial complex. The sparkling bay, with its pictures- que banks and islands, covered with marsh grasses and other plants, provides a pleasant contrast to the surrounding hard - surfaced, man -made developments. The Irvine Company plans to build a complete new city on the portion of its vast Orange County holdings nearest Newport Bay. In addition to the residential development around the upper bay, a golf course, cemetery, and several research and development plants now are located on Irvine lands. The center of the University of California at Irvine is about 1.5 miles northeast of the upper bay, while the Orange County Airport is situated approximately 1.5 miles north of the bay. Agricultural lands in the vicin- ity are rapidly being urbanized since this is one of the fastest "growing" urban areas in southern California. Industry and Commerce The Western Salt Company had a series of evaporation ponds in the northeastern portion of the upper bay. These ponds were washed out during the floods in early 1969. The ponds have not been repaired, and the asso- ciated structures have been dismantled. This operation had been in exis- tence for a number of years on land leased from the Irvine Company. - 30 - Most industry in Upper Newport Bay is located on the eastern bank of its lower end, and is associated with the tourist or recreational trade. The Newport Dunes Corporation operates Harry Welch Park where boat launch- ing facilities, trailer boat storage, picnic grounds, swimming beaches, and a large mobile home park are located. There are several other commer- cial parking and boat launching facilities located between Harry Welch Park and the Highway 101 bridge. A bait shop, snack bar, and several other small businesses face Highway 101 on the western shore of the lower bay. A trailer court is located just to the north of these establishments. The privately operated Upper Bay Boat Launch and Auto Park is located at the mouth of Big Canyon. This facility is used primarily to launch boats for the ski area. The private concession on Irvine lands has not been in operation,since the floods of 1969. The Newporter Inn is located just to the northeast of Welch Park. A golf course is operated in conjunction with the tourist facilities at this installation: With the ever increasing demands for boating and tourist facilities in the Newport area, there is a need to increase the number of establish- ments catering to these demands. Aesthetic and Scenic The green marshlands, the clear water, the numerous shore and water birds feeding on mudflats or moving among green foliage, the multi- colored, almost vertical cliffs rising majestically on both sides of the bay, and I the peaceful serenity of the bay all contribute to the aesthetic quality of Upper Newport Bay. This area receives moderate use by people driving along Bayside Drive just to enjoy the scenery. Cherished by residents of the area is the bay's natural beauty, and this aesthetic value is translated - 31 - into the real estate values of the area. With the rapidly evolving urban complexes throughout southern California and associated loss of "open space ". public demands for areas with the scenic qualities of Upper Newport Bay will become greater and greater as other natural areas are changed by developments. Other Water skiing is another recreational activity in Upper Newport Bay. A ski course north of the Narrows was used heavily prior to the January 1969 floods. A considerable volume of sediments was deposited in the ski area at that time, and the waters were contaminated to.a point where body - contact sports were prohibited. As a result, no skiing activities occurred in the upper bay in 1969. There is a large and increasing number of people water skiing, and demand for areas in which to ski is growing. Upper Newport Bay could satisfy some of this demand. One potential use of Upper Newport Bay is an emergency landing area since the upper end of the bay is in the flight pattern of the Orange County Airport (Figure 1). With urbanization of the immediately adjacent areas, the bay's value for emergency landings continues to increase. This safety factor should be considered in any development plan for the area. CONFLICTS IN PROPOSED USES In California, particularly in southern California, recreational boating has experienced phenomenal growth during the past two decades. This growth has placed heavy pressures on existing small craft harbors and marinas. In addition to the increased interest in boating and asso- ciated water sports, the population growth in southern California has been tremendous. Add to this a very affluent society, and the result is a high - 32 - demand for residential - marina complexes. Developers in response to these economic opportunities are modifying California's coastline, resulting in a severe loss of tidal wildlife habitat. Today this loss of wildlife habitat has reached a critical point whereby any additional alteration of bays, estuaries, and lagoons without taking steps to maintain ecologi- cal values will result in severe damage to certain wildlife species. While there has been an increase in the demand for boating facilities and marina complexes, there also has been a sizeable increase in demand for wildlife and marine life reserves to make sure that certain of our living resources will survive. People are becoming very concerned about their present environment and the legacy they will leave their children and their children's children. They have become aware of the sensitivity of the ecology to even minor alterations in the environment, and are demand- ing that steps be taken to protect, and where possible, to improve the quality of our present environment. Upper Newport Bay is the only bay.in southern California that still is in a relatively pristine condition. Since 1924, there have been a number of studies to determine how best to develop the area. Most of these studies have been conducted by engineers and each succeeding report essen- tially modified or refined the previous one. General Lansing H. Beach, U. S. Army, Retired, in an "Engineering Report on Newport Bay ", dated April 1925, proposed a channel to Upper Newport Bay. In 1942, R. L. Patterson prepared a "Preliminary Report on Upper Bay Development" which suggests the development of the Upper Bay should be for yachting and recreational use. Again, in July 1950, R. L. Patterson submitted a report "Improvement of Upper Newport Bay, Newport Harbor, Orange County, California ", in.which he details a general development plan for Upper Newport Bay. In March 1964, K. Sampson and J. E. Ballinger submitted the "Upper Newport Bay - 33 - Exchange Plan ", in which they proposed harbor lines they felt would provide the best possible channel for the ultimate development of Upper Newport Bay, based on the current (1964) recreational boating needs. Some of these reports considered the need for parks and recreation areas adjacent to the upper bay. None, however, initially considered the living resources nor the ecological consequences of completely modifying the upper bay. When the first of the development plans was prepared (1924), Upper Ne`rport Bay was "in the country ", and most of the bays, estuaries, and lagoons in southern California were undisturbed. Even in 1950 this was still reasonably true; however, it wasn't true in 1964, and certainly isn't true today. Roue of the proposals considered what effects develop- ment of Upper Newport Bay would have on the ecology of nearby areas, Iec alone all of southern California. In 1924, it wasn't considered necessary to examine these effects, but it certainly is today. Public access is certainly an important factor that must be considered when looking at the future of Upper Newport Bay. One of the major problems facing the general public today in southern California is access to recrea- tional areas. While many coastal areas, beaches, and bays are in public ownership, the routes of access are restricted by private ownership of adjacent lands. At present, the public enjoys access to most of Upper Newport Bay's waterfront and tidelands. There is a number of special interest groups concerned with the future of Upper Newport Bay. Each has reasons for urging a particular use of the bay. These special interests should be considered in planning for the bay's future. - 34 - I) al 1' lai 1 •1Y The development of Newport Bay has been of concern since the early part of the 20th Century. With the increased demands for boating, swim- ming, and other recreational facilities, and the growing demand for marina -type residential areas, the development of Upper Newport Bay has become a critical issue in recent ,years. There has been a number of pro- posals concerning the development of the upper bay. Some of these primarily represent the needs of single- interest groups such as boating, while others were much broader in their approach, but none, until recently, considered more than superficially the ecological effects upon the fish and wildlife resources of southern California. Furthermore, due to increased urbanization of nearby areas, any proposal must take into account flood control measures. Three proposals are presented and reviewed in this section. Particular emphasis is placed upon the ecological consequences of each. Upper Newport Bay land Exchange Proposal On March 31, 1964, the Orange County Harbor District transmitted to the Board of Supervisors of Orange County, a report prepared in compliance with Board Resolution No. 63 -1808 of December 18, 1963 (Sampson and Ballinger, 1964). The purpose of this report was to present the City of Newport Beach's requirements for an acceptable land exchange plan. These requirements were: 1. That two neighborhood beach parks, averaging three acres each, be located on the westerly side of the channel, and a large park with a minimum of 1,500 feet of main channel frontage be located on the easterly side of the channel at Big Canyon. - 35 - 2. That a continuous roadway be provided alcnr, the water on both the cast and west sides of the channel. 3• That the control, development, administration, and use of these parks be vested_ exclusively in the city in perpetuity. The main concern of the Newport Beach City Council members at that time was the lands immediately adjacent to the bay, since they had approved, on February 26, 1962, the harbor lines as proposed for the Upper Newport Bay by the Orange County Harbor District, dated January 26, 1962. The land exchange negotiations were initiated by a letter dated May 20, 1963, from the Irvine Company to the Orange County Board of Supervisors that proposed an exchange of fee owned islands, uplands, and patented tidelands for portions of the County tidelands, in order to permit the development of Upper Newport Bay. This proposal was essentially the same as the plan recommended for approval by the Orange County Harbor Commission in the Upper Bay Land Exchange Report, dated August 26, 1963• Proposed Development The proposed plan consists of developing Upper Newport Bay into a marina - residential comple;c with provisions for water- oriented commercial and recreational facilities. The development calls for dredging a 10 -foot deep, 800 -foot wide navigable channel to the north end of the bay, and using the spoils to fill tidelands to the foot of the bluffs. The pro- posed land configuration would create a waterway extending about 2.5 miles north from the highway bridge (Figure 3). At the northern end of the bay, the waterway would widen into a turning basin. A mile -long rowing course and a marine stadium, separated by a long arm of parkland, are proposed. The north side of the stadium and the rowing course is - 36 - UPPLH NtWYUKI UAi VKUF'UJtU LANU tAL,"AIMUt 1'LAIII designated for park use, but much of this area probably would be used for parking. The proposal designates that 1,600 feet of channel frontage on the east side of the bay, in the Big Canyon area, would be devoted to a 70 -acre public park that would extend up the canyon to Jamboree Road. Two small parks would be established on the west side of the main channel. The balance of the filled tidelands, with about 3+,000 feet of water front- age (measured along the proposed harbor lines) would be developed for private residential and aquatic commercial uses. Effects on Living Resources The results of these extensive modifications of Newport Bay upon the present biotic community will have far- reaching ecological consequences. Changes to the biota may be even more dramatic because of habitat modifi- cations now taking place in many other coastal areas of southern California. While faunistic changes that would be brought about by this modification of the bay cannot be ascertained fully, there are many that can be pre- dicted. Many of the aquatic animals would be able to adapt to changes. Certain of the fishes and invertebrates found in a little deeper water probably would move into the area as permanent residents. There would be an increase in areas for spawning and for a nursery which might influence more aquatic animals to reside in the area. Some of the migrating water- fowl, grebes, gulls, and diving ducks, would continue to use the bay as a resting area until boating activities increase. With the urbanization of the area, there would be an increase in the number of songbirds taking up residence in the tree and shrub landscaping. Many of the animals that might benefit from the proposed habitat alteration would do so only if the water quality renains at least at the present level. There is considerable concern at present about the physical - 38 - and chemical features of water that might exist after channelization and development of Upper Newport Bay. The accumulation of petroleum polutants resulting from boating activities, and possible decrease in flushing action in the upper bay, as well as in the lower bay, could lead to degra- dation of marine water quality in the area. In fact, before dredging and landfill operations begin in Upper Newport Bay, a study should be conducted to insure that there will be adequate flushing action in the bay. Deleterious effects on the living resources can be predicted if Upper Newport Bay is developed as proposed by this plan. A number of inverte- brates found on the mudflats or on the islands will no longer occur in the bay. Several of these occur only in this bay and would become extinct. (Laurence and Reish, 1959•) In the proposed bay modification, over 950 acres of littoral, maritime, and salt pond habitat would be lost from the environment. This is over two - thirds of the primary area under consideration. As a result, over 60 species of birds would no longer occur in Upper Newport Bay (Appendix E). Unfortunately, for a number of these species, there is very little suitable habitat left in southern California so there will be further reductions in their already diminished population sizes. Many of the waterfowl may con- tinue to use the area for resting; however, it no longer will serve as a feeding area for many of these birds. This bay modification, along with alterations proposed in other coastal areas, will have far - ranging ecologi- cal effects on birds that use the Pacific Coast Flyway. Plants that comprise the salt water marshland flora will be gone. Once again, these represent a habitat type that has all but disappeared from southern California. Without question, ecological degradation would result from developing Upper Newport Bay along the lines outlined in the Land Exchange Proposed Plan. - 39 - Upper Newport Bay Proposed Park Plan Because of its wildlife, inherent high aesthetic and scenic values, and proximity to the University of California at Irvine and to the rapidly developing urban areas, Upper Newport Bay would lend itself extremely well to development as a park (city, county, or state) and a nature interpre- tation center. This is referred to as the Upper Newport Bay Proposed Park Plan. Because of the uniqueness of this type of fast dwindling and essen- tial habitat, it would be desirable to maintain the upper bay in a condition somewhat resembling its present configuration and to keep the marshlands, islands, and mudflats intact. Proposed Development A park could be developed along the following lines: Nature interpretative facilities could be developed to allow each visitor the opportunity to appreciate and understand the ecological importance of a salt marsh and mudflat. Without question, educational institutions (elementary, secondary, and collegiate), as well as the general public, would make extensive use of these facilities. Other areas that have been developed along similar lines enjoy heavy use (Table 4). A limited amount of laboratory and storage space would be provided for the use of scientific investigations. Some on -site parking would be provided. This installation would be situated unobtrusively so as not to conflict with the wildlife or the visitor's experience. A site adjacent to the salt beds would be ideal. Bicycles and pedestrian paths, complete with catwalks, would be constructed along the estuary's edge and to the islands. Vista points would be provided at various points along the bay's periphery. The north- eastern part of the upper bay, which was used for salt evaporation, would - 40 - be reestablished as an estuarine environment. The northern half of the upper bay would be preserved as a wildlife habitat, and only a few small footpaths would penetrate the area. The lower half of the upper bay would provide facilities for boating, water skiing, and swimming. Effects on Living Resources With the reestablishment of a marsh - mudflat environment in the northeast section of the upper bay, wildlife values would be enhanced. The carrying capacity of the area for migrating and resident birds would be increased. The living marine resources would be maintained at about the present level. The flushing action of the bay probably would be improved and water quality would remain high. The southern part of the upper bay would help satisfy some of the demand for water- associated sports. The park would provide certain financial benefits to the nearby communities. This type of development for Upper Newport Bay would provide the public with maximum benefits and usage, as well as maintain the high ecological values inherent to the area. It would not only maintain public title to tidelands and waterways, but would insure continued public access to all the upper bay. This development does require the acquisi- tion of patent lands (now subject to public easement), the salt beds, and the fee owned islands now under private ownership (the Irvine Company). Upper Newport Bay Proposed Alternate Plan The two proposed plans already presented in this document represent divergent viewpoints. The Upper Newport Land Exchange proposal recommends the total development of the bay into an area of low to medium density housing with - 41 - associated boat mooring facilities, commercial areas, a marine stadium, bathing beaches, a rowing course, and several parks. It does not take into consideration the far- rea6aing ecological consequences that would result from its implementation. The Upper Newport Bay Proposed Park Plan retains the bay in its present configuration. It recommends the bay be maintained as a park (city, county, or state), with the northern half being preserved as a wildlife habitat and the lower half providing boating and swimming facilities. This proposal does consider the ecological consequences in its "development" of the bay, as well as the growing recreational needs of the general public. It also maintains or even enhances the aesthetic and scenic values of the area; however, it makes no provisions for any additional housing or commercial development. There are alternates to these two views. One of these provides some residential and commercial development, and yet maintains to a degree the ecological integrity of Upper Newport Bay. This is really a compromise whereby the upper bay can be developed for residential and commercial uses south of the Narrows, and north of this point it can be developed and maintained as a park and nature interpretation area (Figure 4). This alternative would require at least 5 years to implement from the time development commences. It does not consider present land ownership patterns or acquisition problems, but does stipulate that after develop- ment, the area north of the Narrows, including the salt beds, be under public ownership and the area south of the Narrows, including Big Canyon, be in private ownership (except the Harry Welch Park). Dredging and landfill operations south of the Narrows would proceed as outlined in the Upper Newport Land Exchange Plan (Sampson and Ballinger, 1964) or a modification thereof; however, north of this point there would _42_ r 4 -- FRI FIGURE 4 ALTERNATE DEVELOPMENT PLAN PROPOSED FOR UPPER NEWPORT BAY be considerable divergence from the 1964 proposal. The basic concept in "developing" this area is to return it to as near a natural condition as possible, then provide a number of islands to serve as replacement habitat for those species that will be dispossessed by the destruction of the islands south of the Narrows. The exact number, placement, configuration, and composition of the " replacement" islands Will be determined through an extensive study conducted by experts in the fields of geology, botany, ornithology, marine biology, wildlife management, ecology, and engineering. After the islands are constructed and the representative flora planted, a period of 5 years will be required to make sure they have reached an ecologi- cal equilibrium with the islands south of the Narrows. If at the end of 5 years, equilibrium has been reached, development of the southern half of Upper Newport Bay may proceed. A Nature Interpretation Center could be established in the area adjacent to the southside of the salt beds. A considerable amount of habitat manipulation would be necessary in the salt bed area to return it to a near natural state; therefore, it easily lends itself to establish- ing a number of representative habitats that are found in the Newport area. Interpretation Center facilities would include a parking area, exhibits, some laboratory space, and trails and walkways to the habitat and wildlife interpretative areas. This site is ideal for interpretative purposes since it forms a continuum between the saltwater- mudflat- marshland environ- ment and the freshwater -marsh habitat represented by San Joaquin Marsh located less than one mile to the east. The dike that divides the northern end of the bay would be removed and the mudflats would be retained in their present condition. The ski area just north of the Narrows would be maintained. A road around the - 44 - entire periphery of the park with parking provided at appropriate spots will insure public access to the area. Green areas and picnic facilities could be incorporated in the design of some of the parking areas. This proposed plan for developing Upper Newport Bay, while a compromise, does maintain the ecological integrity with little or no loss of wildlife values. Marine resources would possibly be enhanced to some extent, and water quality would remain high since the bay would retain its present flushing action. The Nature Interpretation Center would attract thousands of people annually and the bay would still sustain heavy use by the academic institutions. The facilities of the park would satisfy many recreational needs of southern Californians, and still provide a low density area in the flight pattern of the Orange County Airport. The area south of the Narrows will help satisfy the demand for boating facilities and will provide for a marine -type low density housing development. There would be some loss of the scenic and aesthetic values now inherent to the area, but by main- taining strong architectural control over building designs, the development could be made very pleasing to the eye. - 45 - REFERENCES Adams, D. A. 1963. Factors influencing vascular plant zonation in Herth Cardine salt marshes. Ecology, 44:445 -456. bane, Gilbert W. 1968. Fishes of the Upper Newport Bay. Mus. Systematic Biol., Univ. Calif., Irvine., Res. Series., (3):1 -114. Barnard, J. Laurens, and Donald J. Reish. 1959. Ecology of Amphiopoda and Polychaeta of Newport Bay, California. Allen Hancock Found. Publ., Occas. Paper, (21):1 -106. Boughey, Arthur S., Grover C. Stephens, and Robert H. Whittaker. 1967. A proposal for the development of Upper Newport Bay. (Not formally published). 4 p. Bruff, S. C. 1946. The paleontology of the Pleistocene molluscan fauna of the Newport Bay Area., California. Calif. Univ., Pubs. Geol. Sci., 27 :213 -240. California Department of Fish and Game. 1953. Biological survey of Lower Newport Bay. Report to Santa Ana Regional Water Pollution Control Board (Code No. 52 -8 -8). 9 p. California Department of Parke and Recreation. (Preliminary, subject to revision). Upper Newport Bay. 10 p. Chapman, V. J. 1960. Salt marshes and salt deserts of the world. Univ. Press., Aberdeen. L. Hill, Ltd., London. 392 p. City of Newport Beach Planning Department. 1968. Street Index Map. October 1968. 1 p. Darby, R. 1964. The last chance lagoon. Westways, 56:30 -31. Hall, E. Raymond, and Keith R. Ke:lson. 1959. The mammals of North America. 2 vols. Ronald Press. N. Y. 1083 P. Hardy, Robert A. (In Press). The marine environment in Upper Newport and Sunset Bays, Orange County, California. MRR Reference Series. - 46 - Hinde, H. P. 1954. The vertical distribution of salt marsh phonerograms in relation to tide levels. Ecological Monogr., 24:209 -225 Ingles, Lloyd G. 1954. Mammals of California and its coastal waters. Stanford Univ. Press. 396 p. Livingston and Blayney. 1966. Upper Newport Bay Land Exchange Plan: Report to State Lands Commission. 10 p. Martin, William D. (Foreman). 1969. Press release of the 1969 Orange County Grand Jury on July 17, 1969. 1969 Orange County Grand Jury. Santa Ana, Calif. 4 p. Munn, Philip A., and David D. Keck. 1968. A California flora. Univ. Calif. Press. Berkeley. 1681 p. Orange County Board of Supervisors. 1940. Minutes of the Board of Supervisors of Orange County, California. April 2, 1940. Deed of right of way Palisades Road. Patterson, R. L. 1950. Improvement of Upper Newport Bay, Newport Bay Harbor, Orange County, California. Report to Orange County Board of Super- visors and Orange County Harbor Commission. 100 p. Pough, Richard H. 1957. Audubon western bird guide. Doubleday. N. Y. 316 p. Purer, E. A. 1942. Plant ecology of the costal salt marshlands of San Diego County, California. Ecological Monogr., 12:81 -111. Recher, Harry F. 1966. Some aspects of the ecology of migrant shorebirds. Ecology, 47(3):393 -407. Reish, Donald J. 1959. An ecological study of pollution in Los Angeles- Long Beach Harbors, California. Allen Hancock Found.. Publ., Occas. Papers, (22):1 -119. Reish, D. J., and H. A. Winter. 1954. The ecology of Alamitos Bay, with special reference to pollution. Calif. Fish and Game, 40(2):105 -121. Richetts, E. F., and J. Calvin. 1956. Between Pacific Tides. Stanford Univ. Press. Stanford, Calif. 502 p. - 1 - Robbins, Chandler S.,',Bertel Bruun, and Herbert S. 2im. 1966. A guide to r field identi''ication. Birds of North America. Golden Press. N. Y. 340 p. Sampson, Kenneth, and flames E. Ballinger. 1964. Upper Newport Bay Land ,)! Exchange Plad,. Orange County Harbor District. 73 p. 1 Schmidt, Karl P. 1953..' A check list of North American amphibeans and reptiles. Am. Soc. Icht�yol. Herpetol., 280 p. Sherman, H. L. 1931. A history of Newport Beach. Los Angeles Times - Mirror Press. L. A.,, Calif. 215 p. Speth, John. 1969. The fuss over coastal wetlands. Outdoor Calif., 30(4):6 -7. Stebbins, Robert C. 1966. A Field Guide to Western Reptiles and Amphibians. The Riverside Press Cambridge. 279 p. Stevenson, Robert E., and K. 0. Emery. 1958. Marshlands at Newport Bay, California. Allen Hancock Found. Publ., Occas. Papers, (20) :1 -109. Vogal, Richard J. 1966. Salt -marsh vegetation of Upper Newport Bay, California. Ecology, 47(1) :80 -87. - 48 - s APPENDIX A PLANTS OF UPPER NEWPORT BAY These species have been collected in sublittoral, littoral, and maritime ecological zones of Upper Newport Bay. KEY V = Very common (Makes up over 50% of flora in given area) C = Common (Makes up from 5% to 49% of flora in given area) R = Rare (Makes up less than 4.9% of flora in given area) ALGAE Green Algae Enteromorpha intestinatis Enteromorpha tubulosa Ulva lactuca Ulva lobata Ulva sp. Brown Algae Colpomenia sinuosa hlacrocystis integrifolia Macrocystis pyrifera Ralfsia sp. Red Algae Antithm mion sp. Cryptosiphonia sp. Gigartina canaliaulata Gracilaropsis sp. . Gracilariopsis sjoestedii Lophosiphonia sp. Nienburgia andersoniana Polysiphonia sp. PoZysiphonia pacifica Porphyra perforata Pterosiphonia dendraidea yT T u C R R R R C V V V R C R V C V APPENDIX A PLANTS OF UPPER NEWPORT BAY PHANEROGAMS (Flowering Plants) Filaree Erodium botrys C Frankenia Frankenia grandifolia C Bladderpod Isomeris arborea R Sand spurrey Spergularia marina R Ice plant i4esembryanthemum crystallinum C Sea fig Mesembryanthemum chiZense R Salt brush Atriplex matsonii R Salt brush Atriplex canescens R Glasswort SaZicornia subterminaZis C Annual Pickleweed SaZicornia bigeZovii V Pickleweed SaZicornia virginica V California seablite Suaeda caZifornica C Sand verbena Abronia maritima R Saltwort Batis maritima V Sea lavender Limonium caZifornicum C Saltmarsh dodder Cuscuta saZina R California desert thorn Lycium caZifornicum R Live forever DudZeya stoZonifera R Sweet clover N eliZotus indica C Deerweed Lotus scoparius R Beach evening primrose Oenothera cheiranthifoZia V var. suffruticosa Coastal encelia Bncelia caZifornica C Beach sandbur Franseria chamissonis R laumea Jaumea carnosa R Eriophyllum Eriophyllum confertifZorum R Telegraph weed Heterotheca grandifZora V Goldenbush HapZopappus venetus R Coastal sagebrush Artemisia caZifornica R Arrow grass TrigZochin maritima C Eel grass Zostera marina C Cat -tail Typha ZatifoZia R Spiny rush Juncus acutus var. ephaerocarpus R California bulrush Scirpus caZifornicus R Salt grass DistichZis spicata C Ripgut grass Bromus rigidus R Cord grass Spartina foZiosa V -50- APPENDIX B MARINE INVERTEBRATES OF UPPER NEWPORT BAY These species have been collected in Upper Newport Bay. KEY V = Very Common C = Common R = Raze a Sponges Sponge Geodiidae (unid.) R Crumb -of -bread sponge Halichondr;.a panicea C Sponge Hyrreniacidon sinapium V Sponge Leucetta losangelensis C Sponge Leuconia barbata C Sponge Leuconia heathi R Sponge Sycettidae (unid_) R Sponge Sycon sp. R Sponge Tetilla mutabilis C Jellyfish, antimonies, and hydras Anemone Actinaria (unid.) C Hydroid lglaophenia diegensis V Aggregate Anthopleura eleoantissima C Solitary anemone Anthopleura xanthogmwrrt ca C Moon jellyfish Aurellia sp, R Anemone Cozynactis sp. R Anemone Diadzenene sp. R Anemone Di.adumene franciscana V Colonial hydroid Tubularia crocea C V Hydroid Corymorpha pa&na R Sea pen Stylatula elongata R Flatworm Flatworm Ribbonworm - 51 - Polycladida (unid.) C Nemertea (unid.) V Phoronid worm Roundworms Bryozoans APPENDIX L' - contd. MARINE INVERTEBRATES OF UPPER NEWPORT BAY Phoronidea (unid.) C Menatoda (unid.) [N Bryozoan Bugula rerYi:tina C Bryozoan Bugula pacn:fica R Bryozoan Diaperoecia floridina V Bryozoan Filicrisia - er?iculata R Bryozoan HoZoporella b wnnea V Bryozoan Scrupocellaria bert1=oletti tenuirostris R Bryozoan Scrupocellaria califor2ica V Bryozoan Scrupocellar2a dieaensis V Segmented worms Polychaete Ampharetidae (unid.) R Polychaete Anaitides sp, C Polychaete Aretonoe vittata R Polychaete Armandia bioculata V Polychaete AxiothelZa mbrocircta V Polychaete Capitellidae (amid.) C Polychaete Capiralla eanitelZa y Polychaete Chaetopteric variopedatus R Polychaete Cirratulidae (unid.) R Polychaete Cirriformia Zu=-iosa C Polychaete Cossura candida V Polychaete DorvilZea orticulata C Polychaete Epitobous sp. R Polychaete Eteone spp. C Polychaete &chore Zimnicola C Polychaete EudistyZa poZymorpha C Polychaete Eunicidae (unid.) R Polychaete Eusyllis sp. V 52 - APPENDIX B contd. MARINE INVERTEBRATES OF UPPER NWPORT BAY Polychaete Exogone Zourei c Polychaete Fabricia limnicOZa V Polychaete Flabelligeridae (unid.) R Polychaete Halo sydna,johnsoni c Polychaete h'apZoscoZopZos eZongatus V Polychaete Lumbrineris sp. V Polychaete Lumbrineris erecta R Polychaete Lumbrineris minima R Polychaete Marphysa spp. c Polychaete Marphysa sanguinea c Polychaete Marphysa stylobranchiata R Polychaete Megaloma pigmentum c Polychaete Nainereis sp. R Polychaete Nainereis dendritica c Polychaete Neanthes caudata c Polychaete Nereis eakini R Polychaete Nereis sp. R Polychaete Nerinides pigmentata R Polychaete Notomastus tenuis R Polychaete Ophiodromus pugettensis R Polychaete Phyllodocidae (unid.) c Polychaete Pista sp. c Polychaete Pista alata C Polychaete Platynereis bicanalieulata c Polychaete Polydora sp. V Polychaete Polynoidae (unid.) R Polychaete Prionospic heterobranchia nemportensis c Polychaete Sabellidae (amid.) c Polychaete Saccocirrus papiZlocercus V Polychaete Serpulidae (unid.) R Polychaete Sphaerosyllis pirifera c Polychaete Spiophanes missionensis R Polychaete Streblospio benedicti c Polychaete Syllidae (unid.) V Polychaete Syllis gracilis R Polychaete Terebellidae (unid.) R -53- APPDiDIX B contd. MARINE INVERTEBRATES OF UPPER NEWPORT BAY California caerum Many -named caecum Nuttall's hornmouth snail California hornsnail Hornsnail Carpenter's miniature ce:rith Slipper shell Onyx slipper shell Pacific half- slipper shell Cup- and - :saucer limpit Nudibranch Nudibranch Nudibranch Rough keyhole limpit Nudibranch Tectibranch Stern's lamellaria snail Hardedged keyhole limpit Gem murex Keeled dove snail Frieze- covered dove snail Channeleddog whelk Muddog whelk Tectibranch Poulson's dwarf triton Western three - winged murex Barrel bubble Snail Scaly worm shell Festive rock snail Black top shell Bay scallop Agate chama Banded chione Caecum eaZifczr:i.ezon Caecum erebricinctum C�ratost`oma nuttalli Cerit�riccza ewli; °o�rzica Ceritli.opsis sp. Ceriti.s;opsis c�r_penteri Crepic'!Za sp. Crepidula or;x Crepipa'tclLi Zingulata C'rucibulzun S p -1, Dendrodoris aZboounetata Dendrodoris fuZva DiauZula sandiegensis Diodora aspera Dorididae (unid.) H=inoea vesica�Za LcaneUaria ster- ai Lucapinella caZZomarc(inata MaxweZlia ge,,ma hlitrella carinata Mitrella gausapata Nassarius fossatus Nassarius teguZus Navanax nermis Ocenebra pouZooni Fteyynotus triaZatus Retusa sp. R,ssoella sD. SerpuZorbis squamigerous Sb askyus °estivus Tegula funebraZis Adquipecten circularis Chama pellucida Chione eaZ•iforniensis -56- C C C C C C R V C V C C C C R R C C C C C C C C R C R R C C C C V C APPENDIX B contd. MARINE INVERTEBRATES OF UPPER NEWPORT BAY Smooth chione Chione fZuct fraga V Wavy chione Chione wevatella V Rough - nestling clam HiateZla aretiea V Basket cockle Clinocard iP7 nuttalli R Wedge clam Doraax califcrnicus R Sunset clam Gari californica R Little egg cockle Laevicardiu,'7 substriatum R Kelp -weed scallop Leptopecti'n. Zatiauratus C California panershel;. Lzcnsia caZi °ornica R Bent -nose clam Macoma nasuta R California mactra Mactra californica C Bay mussel Mgtilus edulis V Native oyster Ostrea Zurida C Goeduck Panope generosa R Speckled scallop Plagioctenium circularis R aequisulcatum Rough -sided littleneck Protothaca Zaciniata V Common littleneck -Protothaca starinea V Thin-shelled littleneck Protothaca tenerrima C Rosy razor clam Solen rocaceus V Purple clam Sanguinclaria nuttalli R Narrow dish clam SpisuZa catillifor,nis R Hemphill's dish clam Spisula hemphilli R California jackknife clam TageZus californianus C Gaper Tresus nuttalli R Spiny cockle Trachycardiwn quadragenarium C Fat horse mussel VolselZa capax R Straight horsemussel VolselZa recta R Giant horsemussel VolselZa fZabellata R Ribbed horsemussel VolselZa demissa R octopus Octopus bimaculatus C Starfish and sea urchins Brittle star Amphipholis squamata R Brittle star Amphipholis pugetana C 57 - APPENDIX B contd. MARINE INVERTEBRATES OF UPPER NEWPORT BAY Pale sea urchin Lyteahinus pictus C Brittle star ophiactis simplex V Sea bat or sea star Patiria miniata C Red sea urchin Stronaylocentrotus franciscanus R Chordates Ascidian Amaroucium sp. R Ascidian Amaroucium californicum C Ascidian Ciona intestinalis V Ascidian StyeZa baxwharti V Ascidian Styela montereyensis R Ascidian Styela truncata V -58- APPENDIX C MARINE FISHES OF UPPER NEWPORT BAY These species have been collected in Upper Newport Bay ff,-VA - 59 - V = Very common C = Common R = Rare Sharks and rays Gray smoothhound Mustelus caZifornicus C Brown smoothhound Triakis henZei R Leopard shark Triakis semifasciata C Thornback Platyrhinoidis triseriata R Shovelnose guitarfish Xhinobatos productus R Diamond stingray Dasyatis dipterurus R California butterfly ray Gymnura marmorata R Round stingray UroZophus haZZeri y Bat ray MyZiobatis caZiformicus R Bony fishes Bonefish AZbula vuZpes R Threadfin shad Dorosoma petenense R Pacific sardine Sardinops eaeruZea R Pacific thread herring Opisthonema Zibertate R Deepbody anchovy Anchoa compressa V Slough anchovy Anchoa delicatissima R Northern anchovy EhgrauZis mordax , R California killifish Pundulus parvipinnis C Bay pipefish Syngnathus grisecZineatus C Salema Xenistius caZiformiensis R Kelp bass ParaZabrax cZathratus R Spotted sand bass ParaZabrax maculatofasci.atus C Sand bass ParaZabrax nebuZifer C Striped bass Roccus saxati.Zis R Sargo Anisotrenrus davidsoni R Opaleye Girella nigricans C Pacific mackerel Scomber ,japonicus R Black croaker Chei:Zotrema saturnum R - 59 - APPENDIX C contd. MARINE FISHES OF UPPER NEWPORT BAY White seabass Cynoscicn nobiZis R White croaker Genyonemus Zineatus R California corbina Menticirrhus unduiatus C Spotfin croaker Roncador stearnei R Queenfish Seriphus poZitvs C I Yellowfin croaker Umbrina ro.cador C Barred surfperch Amphistichus argenteus R Shiner perch Cymatogaster aggregata C Black perch Embiotoca jacksoni C Silver surfperch Hyperprosopon e Uipticwn R White seaperch Phanerodon furcatus C 'Rubberlip perch Rhacochilus toxotes R Pile perch Rhacochilus vacea R Walleye surfperch Hyperprosopon argentewn R Arrow goby CleveZandia ics C Longjaw mudsucker Gillichthys mirabilis C Shadow goby Quietula y -cauda C Rockfish Sebastdes R Giant kelpfish Heterostichus rostratus C Reef finspot Paracli>tus integrippinis R Bay blenny Hypsoblennius gentilis C California barracuda Sphyraena argentea C Striped mullet MugiZ cephaZus R ropsmelt Atherinops affinis V California grunion Leuresthes tenuis R Specklefin midshipman Porichthys myriaster C PZainfin midshipman Porichthys notatus R Pacific staghorn sculpin Leptocottus armatus C Pacific sanddab Citharichthys sordidus R Speckled sanddab Cithariehthys stigmaeus R California halibut Paratichthys califcniicus C Diamond turbot Hypsopsetta guttulata C Spotted turbot Pleuroniehthys ritteri C California tonguefish Symphurus atricauda C -6o- APPENDIX D REPTILES AND AMPHIBIANS OF UPPER NEWPORT BAY These species have been observed adjacent to Upper Newport Bay. California newt Taricha torosa C California slender salamander Batrachoseps attenuatus V Western spadefoot toad Scaphiepus h=.,ondi R California toad Bufo boreal halophilus V Pacific treefrog Byla regiIla V Bullfrog Rana catesbeiana R. Red - ].egged frog Rana aurora R Weeternpond turtle ClenrVs mamorata R Coast horned lizard Phnjnosoma coronatw C Western fence lizard Sceloporus occidentalis V California side - blotched lizard Uta stansburi a hesperis V Western skink Ewwces skiltonicnus C San Diego alligator lizard Gernccnotus mucticarinatus webbi C California legless lizard Annie Ila pulchra C Western yellow- bellied racer Coluber constrictor mormon R California kingenake Lmnpropeltisgetuluecaliforniae C San Diego gopher snake Pituophis melanoleueue anneetens V Long -nosed snake Rhinocheiius lecontei C California red -sided garter snake Tharmophis sirtalis infernalis C KEY C = Commonly observed,. V = Very common R = Rarely observed - 61 - APPENDIX E BIRDS OF UPPER NEWPORT BAY These species are known to occur in or adjacent to Upper Newport Bay - 62 - .. KEY A = Abundant * = Breeding birds (known or presumed) C = Common t = Expected loss with dredging and U = Uncommon bulkheading. 0 = Occasional 0 = Breed in adjacent freshwater marsh R = Rare $ = Marsh breeders (salt or fresh / V = Vagrant brackish) Shorebirds Semipalmated plover t Charadrius semipalmatus C Snowy plover * t Charadzius alexmzdrinus U Killdeer * t Charadrius vociferus C American golden plover t PZuviaZis dominiea V Black- bellied plover t Squatarola squata_rola C Ruddy turnstone t Arenarie interpres U Black turnstone t Arenoria meZmnocephaZa R Common snipe t Capella gallinago 0 Long- billed curlew t Nzenenius amerieanus C Whimbrel t Numenius phaeopus U Spotted sandpiper t Aetitis macularia 0 Solitary sandpiper t Tringa solitaria 0 Wallet t Catoptrophorus semipalmatus A Greater yellowlegs t Totmzus melanoleucus C Lesser yellowlegs t Totatus flavipes 0 Knot t Calidris cmzutus U Pectoral sandpiper t Erolia melanotos R Baird's sandpiper t Ero Zia bairdi i R Least sandpiper t Erolia minutilla C Dunlin t Erolia alpina C Short - billed dowitcher t Limnodromus griseus A Long- billed dowitcher t Limmodromus scoZopaceus U Western sandpiper t Erezmetes mauri A Marbled godwit t Limcsa fedoa A - 62 - .. , APPENDIX f,-contd. S'anderling t Corcethia aZba U American avocet * t Recurvirostra americana C Black- necked stilt * t Himantopus mexicanus C Red phalarope Phalaropus fulicarius 0 Wilson's phalarope Steganopus trico$or C Northern phalarope Lobipes Zobatus C Grebes, loons, pelicais and cormorants Red - necked grebe Podiceps grisegena V Horned grebe Podicepa auritus C Eared grebe Podiceps caspicus A Western grebe Aechrnophorus occidentaZis C Pied - billed grebe * t 0 Podilymbus podiceps C Common loon Gavia irrmrer 0 Arctic loon Gavia arctic a 0 Red- throated loon Gavia stellata 0 White pelican PeZecanus erythrorhynchos 0 Brown pelican Pelecanus oceidentaZis U Double crested cormorant PhaZacrocoraw auritus C Brandt's cormorant Pha'Zacrocorax penicilZatus U Miscellaneous marsh birds Clapper rail * t 0 Rallus Zongirostris C Virginia rail * t 0 RalZus Zimicola U Sora * t 0 Porzana caroZina U Black rail t Laterallus damaicensis V Common gallinule * t ¢ Gallinula chZoropus U American coot * t p Fulica Americana A Wading birds Great blue heron t Ardea herodias C Green heron t Butorides virescens U Common egret t Casmerodius albus C Snowy egret t Leucophcyx thula A Reddish egret t X chromanassa rufescens R V APPENDIX E- contd. Louisiana heron t Hydranassa tricolor R Little blue heron t FZorida caeruZea v Black- crowned night heron Nycticorax nycticorax C American bittern t Botaurus Zentiginosus U White -faced ibis t PZegadis ehihi V American flamingo t Phoenicopterus z,iber Y Gulls and terns Glaucous- winged gull Lards gtxucescens U Western gull Larus occidentaZis C Herring gull Larus araentctus C California gull Larus calif ornicus A Ring- billed gull Larus delaaarensis A Mew gull Larus eanus U Bonaparte's gull Larus phiZc& - Zphia C Heermann's gull Larus heernann C Gull- billed tern GeZochelidon niZotica V Forster's tern Sterna forsteri A Common tern Sterna hirundo U Arctic tern Sterna paradisaaa R Least tern * t Sterna aZbifrons C Royal tern Thalasseus maximus 0 Elegant tern ThaZasseus eZegazs U Caspian tern Hydroprogne caspia U Black tern Ch$idonias niger 0 Swans Whistling swan t Geese 0Zor coZz&bianus R Canada goose t Branta eanadensis R Black brant + Branta nigricans 0 White- fronted goose t Anser aZbi frons R Snow goose t Chen hyperoorea R - 64 - APPENDIX E- contd. Surface ducks Mallard * t Anas platyrhynchos C Gadwall t Anas strapera V Pintail * t Areas acuta A Common teal t Anas crecca V Green - winged teal t Anas carnlinensis C Blue-winged teal t Anas discors 0 Cinnamon teal t Anas cyaroptera C European widgeon t Mareca penelope U American widgeon t Maraca americcgia A Shoveller t Spatula clypeata C Diving ducks Redhead Aythya americcma 0 Ring- necked duck Aythya collartis 0 Canvasback Aythya vaZiaineria 0 Greater scaup Aythya marLZa V Lesser scaup Aythya affinis C Common goldeneye Busephala clangula 0 Buff lehead Bucephala aZbeola V White - winged scoter McZanitta degZandi V Common scoter Oidearia nigra U Surf scoter McZanitta perspicillata A Stiff - tailed ducks Ruddy duck * t Oxyura jamaicensis C Mergansers Hodded merganser Lophodytes cucullatus R Common merganser Mergus mergraa<ser 0 Red - breasted merganser Mergus serrator C Vultures Turkey vulture Cathartes aura C - 65 - APPENDIX B- contd. Hawks, falcons, and eagles White- tailed kite * EZanus Zeucurus U Sharp- shinned hawk Accipitcr striatus U Cooper's hawk * Accipiter cooperii U Red - tailed hawk * Buteo ,jamaicensis C Swainson's hawk Buteo swainsoni R Rough - legged hawk Buteo Zagapws R Golden eagle Aquila ohrysaetos R Marsh hawk Circus cys.aus U Osprey Pon dion haliaetus R Peregrine falcon Falco peregrirUS R Sparrow hawk * Falco soarverius C Birds occurring in the immediate areas adjacent to Upper. id!'K2 ort Bay. Ring- necked pheasant California quail Mourning dove Spatted dove Roadrunner Barn owl * Burrowing owl Short -eared owl Anna's hummingbird White- throated swift Belted kingfisher * t Red- shafted flicker Western kingbird Black phoebe * t Horned lark * Cliff swallow Common crow * Common bushtit Cactus wren * Long- billed marsh wren * t t T =66- Pnasicmus co"Zchicus U Lophcrtjx caZiforrnicus C Zenaidura macr,oura A Streptopelia ehinensis 0 Geococcryjx tali fo.r+iianus R Tyto aLba C Steotyto czmicularia C Asia fZcnnrneus U CaZypte a::na A Aeronautes sazataZia U MegaceryLe aZcyon U CoLoptee .cafer C Tyrannus verticaZis U Say orris nigricans U Eremophila aZpestris C Petrochelidon pyrrhonota C Corpus brachyrhynchos C PsaZtriparvs rrininus C CarpyZorhynchus brwineicapillum R Telmatocu+tes paZustris U APPENDIX E_contd. Mockingbird Mimus poZygZottos C Ruby - crowned kinglet Eeau.Zus calendula p Water pipit Anthus apinoletta C Loggerhead shrike * 'Lanius ludovicianus C Starling * Sturnus vv.Zgaris A Audubon's warbler Dendroico. audubcni C Yellowthroat * t Geothlypis tri ^_has U House sparrow (English sparrow) * Passer domeatiaue A Western meadowlark * Stur e N a neGZacta A Red - winged blackbird (* freshwater AgeZaius phoer¢iceus C marsh only) Tricolored blackbird AgeZaius tricolor U Brewer's blackbird Euvhagus cyanoeephalus A House finch * Carpodacu.s mexicanus `A., American goldfinch Spinus tyYLstis p Lesser goldfinch Spinus psaZtria ., C Brown towhee * Pipilo fuscus C Savannah sparrow * t PassercuZus sa,dwichensis C i. "nite- crowned sparrow Zonotriehia Zeucophrys A Lincoln's sparrow McZospiza Zireolnii U Song sparrow * f McZospiza meZodia C Lazuli Bunting * Passerina wt?oena U Blue grossbeak Guiraca caeruZea U -67 - APPENDIX F MAMMALS OF UPPER NEWPORT BAY These species have been observed on or adjacent to Upper Newport Bay. Raccoon Striped skunk Ground squirrel Valley pocket gopher Black- tailed jack rabbit Deernice House nouse Pacific kangaroo rat Dusky- footed wood rat Audubon cottontail :. Procyon Zotor Mephitis mephitis CitelZus beecheyi Thomomys bottae Lepus californicus Peromyscus op. Mus musculus Dpodomys agilis Reotoma fuscipes S'ilvilagus auduboni 4 Mr. Williain Mason President The Ir+rin, Cntn *lar,, 550 Newport_ Center' Drive- Newport Beach, Califoriia Dear Di-11: 92660 __; : -. t,. I wish to thank you very= much for arranging such a wonderful.beach tour -. for me last Monday afternoon. It was great fun to walk from Cameo Shores to E1 Morro Lay, aW 1 am sure that I learned a great deal i!nrc about the terrain and its possibilities, along the way. I thank you in particular for making it possible for Dick Reese to give me such an excellent ;niided tour with appropriate C(r nentary And expinjiati.on, I'am enclosing two short :articles I notice;' in. the last issue pf the Bulletin of the Sierra Club, Southern Chapter, in which I.am a rather inactive membe . I thootght you rtif;ht find them interesting. ; May 1 also take this opportunity to inform you that the City Council offici- ally varied Councilrian Id Birth to serve as its representative on the com)re- hensive planning study of the Upper Bay area now being organized...<The Council.:, shall look to hits to provide the necessary- liaison.. I hope to work with Ed as long as I MR able on the fo ^native stages of this study, We very v.uch appreciate the cooperation offered ry the Irvin,, Company on this study project. Most sincerely, e—�' MIN . DM:Pg `max Mr. Williain Mason President The Ir+rin, Cntn *lar,, 550 Newport_ Center' Drive- Newport Beach, Califoriia Dear Di-11: 92660 __; : -. t,. I wish to thank you very= much for arranging such a wonderful.beach tour -. for me last Monday afternoon. It was great fun to walk from Cameo Shores to E1 Morro Lay, aW 1 am sure that I learned a great deal i!nrc about the terrain and its possibilities, along the way. I thank you in particular for making it possible for Dick Reese to give me such an excellent ;niided tour with appropriate C(r nentary And expinjiati.on, I'am enclosing two short :articles I notice;' in. the last issue pf the Bulletin of the Sierra Club, Southern Chapter, in which I.am a rather inactive membe . I thootght you rtif;ht find them interesting. ; May 1 also take this opportunity to inform you that the City Council offici- ally varied Councilrian Id Birth to serve as its representative on the com)re- hensive planning study of the Upper Bay area now being organized...<The Council.:, shall look to hits to provide the necessary- liaison.. I hope to work with Ed as long as I MR able on the fo ^native stages of this study, We very v.uch appreciate the cooperation offered ry the Irvin,, Company on this study project. Most sincerely, e—�' MIN . DM:Pg February 11, 1970 To the Honorable Board of Supervisors Cotuity of•:Prange 515 North Sycamore Santa Ana, California Gentlemen: The Newport Beach. City Council,. recognizing its legal and moral responsi- bility to formulate a long -range plan for the use and development of the overall Upper Newport Bay area, has expressed its intention to begin im- mediately this planning program: The City Council believes that such a comprehensive planning study will be of vital importance to the City of Newport Beach regardless of the outcome of the land exchange agreement be- tween the County of Orange and the Irvine Company, now in litigation. We respectfully invite the County of:Orange to cooperate with the City of Newport :Beach in the conduct of this Upper Newport Bay planning program and to assist in the compilation.of data necessary for the study. To this. end, we should appreciate it if your Honorable Board would designate its appropriate representatives to work with our City staff on this project;. We are also inviting the Irvine Company to cooperate in the conduct of this project. You will find enclosed our Resolution No. 7137 adopted by the City Council of the City of Newport Beach at its meetingiof February 9, 1970. This Resolution is entitled, "A Resolution of the City Council of the City 6f Newport Beach stating its intention to initiate a comprehensive plarming study of the development potHntia3 of the Upper Newport Bay and requesting the cooperation of the County of Orange and the Irvine Company in the conduct of said study." We look forward to working with the County of Orange on this very important program. Very truly yours, DOREEN MARSHALL Mayor DM:Pg February li, 1970 Mr. William R. Mason. President The Irvine .Company 550 Newport-Center Drive Newport Beach, California__ Dear Bill: The Newport ileach City Council, recognizing its legal and moral responsi- bility "to fonmxiate a long -range plan for the use and development-o£ the overall Upper Noq)ort Bay area, has e,"ressed its intention to begin m- mediately this planning program. .The Gity Council believes that such a comprehensive planning study will be of vital importance to the City of New- port Beach regardless of the outcome of the land exch mge agreement between the County of (range and The Irvine,Cc pany, now in litigation. We respectfully invite The Irvine'Company to cooperate with the City of Newport Beach in.the.conduct of this Upper \1ewixn*t } y planning program and to assist in the compilation of data necessary nor the study. To this end, we should appreciate it if you:wbuld designate the appropriate rep- resentatives,to work with our City staff on this project. We are also inviting the Orange County Board of Supervisors to cooperate in the conduct of.this project. i You will finii enclosed our Resolution No. 7137 adopted by the City Council of the City of Newport Beach at its neeting of February 9, 1970, ThiA Resolution is entitled, "A Resolution of the City Council of the City of Newport Beach Stating its Intention to Initiate a Comprehensive Planning Study of the Development Potential.of the Upper Newport Bay and Requesting the Cooperation of the. County of Orange and the Irving Company in the Conduct of Said Study." We look forward to working with The Irvine Company on this very important program. Very truly yours, DOREEN MARSHALL Mayor D4:pg A i THE IRVINE COMPANY 660 NEWPORT CENTER DRIVE NEWPORT BEACH-ZA r""41L92000 The Honorable Doreen Marshall Mayor of Newport Beach City of Newport Beach 3300 Newport Boulevard Newport Beach, California Dear Doreen: 101 d 9�Q`� 16 February 1970 Thank you for your letter of February 11, 1970, forwarding a copy of the City Council's Resolution #7137, setting forth a — comprehensive planning study of the Upper Newport Bay. We are looking forward to meeting with the City and the County of Orange to assist you in the planning process. It would seem appropriate to have a first meeting which would consist of the principles and their staffs to establish the objectives, criteria and time schedule so that the respective parties would have a clear understanding of what was to be done. At such a meeting, I would like to suggest that R. L Watson, our Senior Vice President of Land Development, R. A. Reese, our Vice President of Planning, and myself participate. Based on the information developed at the meeting, we will assign others to meet on a regular basis to develop the necessary background data for the general plan. We would like to commend the City Council on their forward looking action on this important project. Sincerely, fir? //Iv� W. R. Mason WRM :nc City Clerk February 11, 1970 Ialme, Iagioa, City Clerk Attadmd are two certified copies of Rene 17 %,tim, tb. 7137 regarding the L) Wr NoMazt Bay stiAy f�c trarodttrl Board to the of Superviso:w m,-..1 T6� er+ Also enclosed is a certified copy of Resolution No. 7135 regarding °Oont to Crest" Salta Ana River study for trensaittal to Via Board of S'ti;pervisare. CITY G'F I CITY OF NEWPORT BEACH City Attorney epartment To: Members of the City Council Date: Feb. 9, 1970 From: City Council Upper Newport Bay Committee Subject: UPPER NEWPORT BAY Pursuant to your instructions we have had discussions with representatives of The Irvine Company and the County of Orange concerning the future of the Upper Newport Bay. It is the conclusion of your Committee that the City should immediately commence a comprehensive planning study of the Upper Newport Bay in order that the City will be in a position to work closely with the County and The Irvine Company in formulating a development plan which will best serve the City's interest. We believe that such a planning study is an essential prerequisite to informed decision - making concerning the Upper Newport Bay by the City Council, regardless of whether the present land exchange is consummated or development occurs under other circumstances. The resolution which appears on your agenda is recommended for adoption by the undersigned. Mayor Doreen Marshall Edgar F. Hirth Robert Shelton DM:mh cc: City Manager City Attorney City Clerk RESOLUTION NO. 7137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS INTENTION TO INITIATE A COMPREHENSIVE PLANNING STUDY OF THE DEVELOPMENT POTENTIAL OF THE UPPER NEWPORT BAY AND REQUESTING THE COOPERATION OF THE COUNTY OF ORANGE AND THE IRVINE COMPANY IN THE CONDUCT OF SAID STUDY WHEREAS, the City Council of the City of Newport Beach recently received recommendations from the Newport Tomorrow Citizens Committee urging comprehensive planning studies for the entire City of Newport Beach; and WHEREAS, the City Council has initiated a program which has as its goal the creation of an up -to -date comprehensive general plan for the City; and WHEREAS, an essential part of such planning involves the future use and physical development of the Upper Newport Bay Area; and WHEREAS, the County of Orange and the Irvine Company have entered into a land exchange agreement affecting the Upper Newport Bay, which is presently in litigation; and WHEREAS, depending upon the outcome of this litigation, the Upper Bay will either be developed in accordance with the existing land exchange agreement or under different circumstances; and WHEREAS, whether the existing land exchange agreement is consummated or not, the City of Newport Beach has a responsibility to formulate a long -range plan for the use and development of the Upper Newport Bay which will be based upon a thorough study and analysis of all relevant information includ- ing esthetics, ecology, engineering and economics; and WHEREAS, the County of Orange and The Irvine Company have assembled information concerning the Upper Bay area which -1- needs to be correlated with the City's data; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, as follows: 1. It is the intention of the City to immediately commence a comprehensive planning study of the Upper Newport Bay based upon: (a) The assumption that the pending land exchange agreement will be completed; (b) The assumption that the pending land exchange agreement will not be completed. 2. The City Council hereby invites the County of Orange and The Irvine Company to assist the City in the compilation and documentation of data, and to cooperate in the conduct of the City's planning studies for the Upper Newport Bay.. ATTEST: City Clerk ADOPTED this 9th day of February, 1970. \)��411�1 a i Aliu�L\L Maydr THS:eg -2- 2/10/70 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATING ITS INTENTION TO INITIATE A COMPREHENSIVE PLANNING STUDY OF THE DEVELOPMENT POTENTIAL OF THE UPPER NEWPORT BAY AND REQUESTING THE COOPERATION OF THE COUNTY OF ORANGE AND THE IRVINE COMPANY IN THE CONDUCT OF SAID STUDY recently recei ed Citizens Commit e entire City of N WHEREAS which has as its general plan for fr S the City Council of the City of Newport Beach recommendations from the Neu4ort Tomorrow urging comprehensive p Beach; and the City Council has the creation of City; and WHEREAS, fin\ the future ��phyy,sical de WHEREAS, the have entered into a land Newport Bay, which is pre studies for the tiated a program up -to -date comprehensive ential part f such planning involves opment of per Newport Bay; and unty of 0 ange and The Irvine Company e change agreement affecting the Upper se ly n litigation; and WHEREAS, depending the Upper Bay will either be existing land exchange agree; and WHEREAS, whethelt the the outcome of this litigation, loped in accordance with the or under different circumstances; consummated or not, th ity of New to formulate a long -ra ge plan for t Newport Bach wil be based upon analysis of all rel ant information land exchange agreement is Bea ch hays a responsibility evelopment of the Upper thorough study and luding esthetics, ecology, engineering and a nomics; and WHERE , the County of Orange 'ad The Irvine Company have assembled information concerning the Upper Bay area which needs to be correlated with the City's data; -1- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, as follows: 1. It is the intention of the City to immediately commence a comprehensive planning study of the Upper Newport Bay based upon: (a) The assumption that the pending land exchange agreement will be completed; (b) The assumption that the pending land exchange agreement will not be completed. 2. The City Council hereby invites the County of Orange and The Irvine Company to assist the City in the compilation and documentation of data, and to cooperate in the conduct of the City's planning studies for the Upper Newport Bay. ATTEST: City Clerk ADOPTED this day of , 1970. Mayor THS:mh -2- 2/6/70 February 2, 1970 Honorable Alton E. Allen Chairman, Board of Supervisors orange County 515 North Sycamore Santa Ana, California 92702 willLam Mason, President The Irvine Company 550 Newport Center Drive Newport Beach, California 92660 Gentlemen: I am enclosing a draft resolution concerning the Upper New with you Bay, which was prepared following our discussion you by a committee composed of myself and Councilman Robert Shelton and Edgar Birth. It is our intention to present this resolution to the City Council for their consideration and possible action at the Council meeting scheduled for the'evenLng of February 9th. Before discussing this resolution with the other members of the City Council, we would appreciate having any comments on the resolution that you would,care to make* Very truly yours, DOREEN MARSHALL Mayor DM:mh Encl. bec: Councilman Robert Shelton Councilman E. F. Birth 2 2%70 J _2_ 1 l {j ry v i< 2 2%70 J 1 l {j F R a '1970 February 2, 1970 Newport Beach City Council City Hall 3300 Newport Boulevard Newport Beach, California Gentlemen: After reading press releases and attending a work shop at Irvine University relating to the Upper Newport Bay land exchange I, as a private citizen and member of the Izaak Walton League of America, commend for your serious consideration the further in- depth examination of what now appears to be MORE than a "land swap "* between Orange County and the Irvine Company. The word "swap" certainly seems more applicable than "land exchange" as the latter implies something of an even break. The information presented at the work shop was more revealing than anything which I have read anywhere in the press. Therefore, I can only conclude that there has been a deliberate attempt on the part of someone to conceal some vital statistics and to dis- tort other relevant information. Your support in bringing to light all of the facts and action in the interest of the citizenry whom you represent will be deeply appreciated. Sincerely yours, RLB:mf R. L BAKER 1915 North Baker St. Santa Ana, California *Santa Ana Register January 30, 1970 >� L-2 f January 26, 1970 Mr. William Mason President The Irvine Company 550 NepWrt Center Drive Newport Beach, California Dear Bill: I ara enclosing a copy of the City Council's policy in regard to the tipper Bay land trade. This was originally adopted on March 14, 1966, and reconfirmed on ldovember 25, 1968 and, as you know, will now be reexamined. Very truly yours, DGPXU,1 NM911ALL . Mayor LH:pg Enclosure iaid 5 1970 By tho CITY COUNCIL CITY OF NEWPORT BEACH January .4. 1970 TO: MAYOR AND CITY COUNCIL FROM :. Ed Hirth SUBJECT:- STUDY OF BACK BAY Attached,is a rough draft of a resolution calling for a study of the Back Bay. There has never been a report published to show just how,the area could and should.. be developed. If the County and the Company were aware of doubts on our.part, perhaps they would be willing to order such a study to prove the acceptability of the exchange. ED HIRTH . I I DRAFT 1/4/70 SUGGESTED DRAFT FOR RESOLUTION TO REQUEST CURRENT STUDY OF BACK BAY DEVELOPMENT y, r WHEREAS, the area known as the Back Bay is a great natural resource and its wise use and development is of extreme importance to present and future citizens of this region; and WHEREAS, the people, through the County, hold title to certain lands in this area, and The Irvine Company holds title to certain lands in this area and all these rights must be protected; and WHEREAS, a general plan for the development of this area incorporating the exchange of some of these lands has been approved and is now being tested in the courts; and WHEREAS, this plan was first devised many years ago and much has been learned and increasing concern has developed in this field in recent years; and WHEREAS, the general nature of the plan leaves grave questions as to the exact nature of the contemplated development; and WHEREAS, the 1969 Orange County Grand Jury recommended further study of this matter; and WHEREAS, Supervisor Battin has offered an alternative plan for consideration; M WHEREAS, the Orange County Manager of Parks and Harbors reported to the County Administrative Officer that it would be the intention of the County and The Irvine Company to jointly obtain'a combined ecological, engineering and economic study of the area prior to development; and WHEREAS, on the initiative of °The Irvine Company joint planning is under way with the Company, the County and the City of Newport Beach on the develop went of the ocean front; and 9 i Page -2- COMPUTATIONS OF BACK BAY DRIVE IN RELATIONSHIP TO THE ADJUDICATED LINE Several years ago, the County Surveyor surveyed the adjudicated line and filed a Record of Survey showing bearings, distances and coordinates of all recovered monuments. This survey is filed in Book 89, pages 1 and 2 of Record of Surveys. The coordinates are California Coordinate System, Zone VI as established by the California Public Resources Code 8801 to 8816. Coordinates are a method of defining the location of a given point as being a specified number of feet north and east of an established origin. The use of coordinates to plot points is far superior to plotting points from bearings and distance, as each plotted coordinate point is independent of a previously plotted point. Whereas, when plotting from bearings and distances, any error made is carried forward to all subsequently plotted points. The metes and bounds of the centerline of Back Bay Drive as set forth in the deed, were placed in the GE Time Sharing System computer to determine the coordinates on the same basis as the adjudicated line. From the data developed by the computer, it was then possible to plot the adjudicated line and the right -of -way line on the same drawing showing their relationship with a fairly high degree of accuracy. Additionally, with the aid of the computer it was possible to calculate the distances from the right -of -way line to the stations of the adjudicated line. From plotting the information from the computer it was, also, possible to determine the degree of overlap between the westerly right -of -way line of Back Bay Drive and the adjudicated line. This plotting was done on a scale 1" equals 1001. The amount of overlap between these two lines is listed as follows: -2- At or Near Adjudicated Station - Distance of Overlak 32 6' 33 41' 34 821 37 193' 38 21 41 and 42 176' 43 and 44 90' 45 and 46 126' 47 and 48 90' 51 and 52 162' 53 157' 54 81 55 821 1215' The deed for Back Bay Drive in no way states the relationship or the amount of overlap between Back Bay Drive and the adjudicated line. There is a map contained with the deed which shows the width of the right -of -way line at a larger scale than the scale indicated, causing some of the confusion. The adjudicated line is only shown diagrammatically on the same drawing with no intent by the draftsman to show the amount of overlap between the two. Outline of Upper Bay Presentation November 24, 1969 Orange County holds the tidelands in trust for all the people of the State. It has shown itself to be unworthy of this trust. It is bartering away public lands without any plan: It does not know if it needs the lands it is getting; it does not know if it can afford to lose the tidelands it is giving up forever. However, it is easy to see that County authorities know the land exchange is unfavorable for the public, because: 1. In order to obtain State approval, the County misrepre- sented the facts in its report on the exchange. 2. The County has never dared ask Federal help on this project (but plenttiq at Dana Point) because Federal help is only for projects in the public interest. 3. The exchange gives the muddy, polluted end of the bay to the public. (}. County spokesmen refuse to debate the topic. They accuse us of mistakes, but don't show up to correct us. 5. Some say, "Leave it to the courts." But their position in court is to block introduction of evidence. To find a good plan, these problems must be studied for each of several alternative plans for the use of the bay: I. Pollution filtering function of upper bay. 2. Assure sufficient spawning area for sport fish. 3. Tidal erosion (in both upper and lower bay). 4.. Are the islands mere obstructions to navigation? 5• Boat carrying capacity of the lower bay. 6. Beach requirements (both local and visitor). 7. Practicability of sailing in the upper bay. 6. Development costs and sources of funds. Since the County has shown itself to be untrustworthy, the City should take over the tidelands. A lawsuit is required to do this, but legally the tidelands should be run by the City. 1. The legal precedent has been set by Ivtorro Bay. 2. The City- State partnership has worked very well at Corona del Mar beach park. 3. The City should enter the lawsuit promptly, and assume the lead immediately in planning Upper Bay use. There are no insuperable problems. 1. Access: Now over 7000 feet of access, not counting the Dunes. 2. Parking: Only 60 acres needed (6% of total bay area; or, one road with two -side diagonal parking clear around the bay.) 3. P, ?oney: Federal picks up 2. State picks up 4. County always gets matching funds and has a $100 million Parks & Beaches program with no bonds. NEWPORT HARBOR CHAMBER OF COMMERCE 2166 E. COAST HIGHWAY • NEWPORT BEACH, CALIFORNIA 92660 • (714) 675 -6300 JACK BARNETT EXEC'j H'JE II'AII.AIH� S tl November 17, L.Y -69G I Newport Beach City Council Newport Beach, California Gentlemen: The purpose of this letter is to strongly restate your Chamber's complete support of the Back Bay Land Exchange. We have watched with dismay over the past months the flood of half - truths, fiction and irrelevant comments which have poured forth from a very vigorous, if ill- advised, -minority. It is our utmost hope that our city's leadership, represented by our fine council, will not become a party to this highly organized though mis- directed campaign. Great deliberation has been given to this matter by thoughtful leaders at state, county and city level over the past years.. . let us not now negate those decisions or provide the means to frustrate them at this late date. When stripped to its essentials we are looking at only one issue— alternatives. Although there is much said about who is getting the better end of the bargain, that too is really irrelevant in the long run. The real question, in our opinion, is what happens if the trade doesn't pass? Is the public interest served? We say - no! There has been an attempt to discredit the Irvine Company's options without the trade. We maintain that the company's options are many, very real and potentially lucrative. The point that the company may make more money if the trade does occur, does not in our opinion have any bearing upon the issue. The real ques- tion is —what are the options available to the public? Condemnation? We think not. Facts would lead us to believe this is improbable from a. practical viewpoint. Deny the trade? This would only force the Irvine Company's hand and forever bar, for practical reasons, the creation of what could be a major water recreation area to be enjoyed by all. THE CITY OF NEWFOiT BEACH I$ CC�oFOSE0 OF TYE FOLIDWING AREAS BALBOA • SAL30A ISLAND • CORONA DEC MAR • LIOQ ISLE • MARINER'S MILE NEWPORT CENTER • UNIVERSITY PLAZA AIRPARK • WEST NE \SPORT • WESTCLIFF a7 V 'r Newport Beach City Council November 17, 1969 Page 2 We strongly urge this council's reaffirmation of the thoughtful deliberation given on this matter by prior councils and to assist by all possible means the speedy finalization of the exchange. As you are aware, the Irvine Company has wisely chosen to present its case in court during the pending litigation. It does not feel free to present its case, once again, in public, with trial pending. This leaves the fight to logical, concerned citizens, such as you, to make sure that this most important issue is not frustrated by confusion in the interim. Sincerely yours, NEWPORT HARBOR CHAMBER, OF COMMERCE Richard S. Stevens President G 1 o \ nfT ^ 71969 1007 Nottingham Road By the CITY COUNCIL Newport Beach, California, 920MY OF NEWPORT BEACH October 22, 1969 Mayor Ibreen Marshall Honorable members of Newport Beach Citr Council 3300 Newport Blvd. Newport Beach, California Subject: Proposed tidelands exchange in Upper Newport Pay Honorable Mayor and Gentlemen: Our opposition to the proposed tidelands exchange in Upper Newport Bay first eras expressed in correspondence to the Honorable Council, dated August 22, 1963. As you know, our continued interest in this matter led to our filing a Petition in Intervention which requested the Superior Court to permit us to enter the tidelands liti,�ation. Permission was granted to us to become Interveners in the suit on Hay 1, 1969, by Judge Claude Owens. As a result, we now are allied with County Auditor, Victor A. Heim, who is challen .ging the constitutionality of the tidelands exchange. Inasmuch as six years have elapsed since the question of the Unper Bay has been brought before the Honorable Council, we should like to re- quest an opportunity to present the viewl.)oint of the Interveners, The recommendations of Newport Tomorrow seem to indicate that there is wide- spread community interest in the future of the Upper Bay, and it seems to us to be a topic deserv:.ng of further stud and publicity. Our presentation -gill take approximately one hour. Although it i -Duld be possible to appear at an afternoon study session, we would prefer to present this information in the evening to accommodate those who 7,!ork during the day, if an evening should meet xrith your approval. Respectfully. < o � l r Isar. and Yxs, Frank Robinson � 0(),>, Crr�O '! 5 5 CITY OF NEWPORT BEACH ".ITY of NEWPORT BEACH CITY ATTORNEY apartment To: The Honorable Mayor and Date Members of the City Council From: City Attorney j -Z Sept. 8, 1969 Subject: Litigation concerning the Upper Newport Bay I. INTRODUCTION: In 1957, the State Legislature enacted a special legis- lative act which authorized the County of Orange to exchange filled, tide and submerged lands, held by the County in trust pursuant to a grant from the State in 1919, for uplands owned by The Irvine Company, in order to make possible the develop- ment of Upper Newport Bay as a harbor. The legislation provides that such filled, tide or submerged lands conveyed to The Irvine Company shall be deemed free from the public use and trust for navigation, commerce and fishing. The lands received by the County in exchange are to be used by the County only for purposes of statewide interest. Finally, the act provides that before the exchange can occur, the State Lands Commission must determine that the lands to be exchanged are no longer useful for naviga- tion, commerce and fishing, and that the lands to be received in exchange by the County are at least of equal value to the lands conveyed to private ownership. On January 13, 1965, two agreements were executed between the County and The Irvine Company in pursuance of the proposed land exchange: (1) the land exchange agreement, and (2) the dredging and land fill agreement. The operative provisions of the land exchange agreement were amended on November 12, 1968, to provide as follows: Following approval of the land exchange agreement by the State Lands Commission and the establishment of harbor lines, the County prior to December 15, 1968, was to deposit in escrow deeds conveying filled tide lands and submerged lands to The Irvine Company, to be delivered and to become effective following the conclusion of the litigation concerning the constitutionality of the land exchange and the completion of the filling and reclamation work relating to said lands being conveyed. The transfer of lands from the company to the County has been completed, but the deeds were made subject to the condi- tion that the property will revert to The Irvine Company, if the litigation concerning the constitutionality of the 1957 statute 3 Re; Upper Newport Bay -2- Sept. 8, 1969 does not result in a judgment establishing legality of the land exchange, or if the work of filling and reclamation is not substantially completed within three years after the date when the said deeds were deposited in escrow, or if the work is not completed within two years after the final adjudication of litigation concerning the constitutionality of the 1957 statute, whichever date is later. The County Assessor has refused to recognize the transfer of property from The Irvine Company to the County. The dredging agreement authorizes a soils investigation and the preparation of a dredging and filling plan subject to the mutual approval of the Orange County Harbor District and The Irvine Company. The agreement defines the respective responsibilities of The Irvine Company and the County as to the actual dredging work and apportions the costs for the engineering and dredging work between the two parties. II. DISCUSSION OF THE LITIGATION: In order to test the constitutionality of the 1957 statute, it is necessary to have adverse parties before the court. It is customary in this type of litigation to have a County official such as the County Auditor refuse to carry out some essential step required to effectuate the purpose of the statute. In the case of the Upper Bay Land Exchange, the County Auditor refused to issue a warrant to pay the County's share of the cost of a soils investigation conducted pursuant to the dredging agreement between the County and The Irvine Company. In June of 1968 an effort was made to bring an action testing the constitutionality of the land exchange directly in the California Supreme Court, thus avoiding the lengthy delay which could result from beginning the litigation in the Superior Court, which is the first level trial court. Following the refusal of the Supreme Court to assume juris- diction, the County and The Irvine Company filed a lawsuit against the County Auditor in the Superior Court on December 6, 1968. The joint petition of the County and The Irvine Company requests the court to order the County Auditor to issue the warrant paying the County's share of the soils investigation work, and also to determine (1) that the 1957 statute is valid and not in violation of any provision of the State Constitution; (2) that the Land Exchange Agreement and dredging agreement are valid, binding and enforceable; and (3) that former tidelands and submerged lands conveyed by the County to the company and tidelands retained by the company Re: Upper Newport Bay -3- Sept. 8, 1969 pursuant to a land exchange agreement will be free from the public trust for navigation, commerce and fishing. After filing of the action in the Superior Court, a complaint in intervention was filed by Frank and Frances Robinson, Harold and Joan Coverdale and Wesley and Judith Marx, as residents and taxpayers of the County of Orange. Their complaint makes the following major contentions: (1) That the 1957 statute is unconstitutional and that it violates provisions of the State Constitution which limit and restrict transfer of tidelands to private persons or corporations; (2) That there was an unlawful delegation of legislative powers to the State Lands Commission which is an executive branch of the government; (3) That the State Lands Commission abused its discretion by approving the exchange since the County did not receive lands of equal value as required by the statute; (4) That no provisions have been made or assurances received that the lands received by the County will be used only for purposes of statewide interest; (5) That most of the uplands to be received by the County from the company are not lands "desirable for the improvement, development and conduct" of the harbor in Newport Bay as required by Chapter 2044; (6) There was no substantial evidence examined by the State Lands Commission as to whether or not the lands to be exchanged were no longer useful for commerce, navigation and fishing. The complaint concludes by requesting that the court determine that the 1957 statute is invalid and as a result the land exchange contracts are unenforceable. III. CONCLUSION: At this point it is impossible to predict how long this litigation will continue before it reaches a conclusion; however, it would not be surprising if it extended for 4 or 5 years. There is no question that the intervention of the taxpayers' group who oppose the land exchange will complicate and prolong the completion of the litigation. THS:mh cc: City Clerk City Manager 4L h/ , TULL Ho S OUR. City Atto y ALAN SIEROTY .ASSEMBLYMAN, FIFTY NINTH .DISTRICT LOS ANGELES COUNTY September 5; 1969 c4MMn: LI s L:iIn111AL I NELAVIIC INOU.I -" HELATIS. NAT AND P UDLOD WOR PLANNING, AND PV3LIL WONRC. JOIIIT COMM ITTEEON RBYIGIOH OI THE PENAL CODE M M E CAL IFORNIA ARTS COMMIGGIOX �J /✓✓�� ^ U1 Mr. Tally H. Seymour . City Attorney City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca. 92660 Dear Mr. Seymour:- I'm enclosing a copy of the Legislative Counsel's Opinion regarding the necessity of State Lands Commission review of the Upper Newport Bay Land Exchange. Y rs si cere)Ia n Fifty AS:mlw Enclosure District SThTE CAPITOL SACRAMENTO. CALIFORNIA 86014 • 19101 449.7030 OIBTRILT OFFICE 1166 50. R0069TO BLYO. ( \ y LW ANGELES, CALIFORNIA 90039 (119) 170.2501 ADYENIETRATIVE ASSISTANT TT �r 'y TT jjµµ,, DD 'hh'pp TT yEY��4y/YE CC �u11s D ALAN SIEROTY .ASSEMBLYMAN, FIFTY NINTH .DISTRICT LOS ANGELES COUNTY September 5; 1969 c4MMn: LI s L:iIn111AL I NELAVIIC INOU.I -" HELATIS. NAT AND P UDLOD WOR PLANNING, AND PV3LIL WONRC. JOIIIT COMM ITTEEON RBYIGIOH OI THE PENAL CODE M M E CAL IFORNIA ARTS COMMIGGIOX �J /✓✓�� ^ U1 Mr. Tally H. Seymour . City Attorney City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca. 92660 Dear Mr. Seymour:- I'm enclosing a copy of the Legislative Counsel's Opinion regarding the necessity of State Lands Commission review of the Upper Newport Bay Land Exchange. Y rs si cere)Ia n Fifty AS:mlw Enclosure District 41ERNAR16 CZESLA CHIEF DEPUTY L` J. GOUT D OWEN K. KUN9 RAY M. WHITAKER KENT L. OECHAMDEAU ERNEST M. KLNZI 'STANLEY M. LOURIMORE SHERWIN C. MACKENZIE. JR. 'E;' APO F. NOWAK EOW ARD K. PURCELL PRINCIPAL DEPOTI[E ANN M. MACKEY DEPUTY IN CHANCE LOS ANGELES OFFICE 3021 STATE CAPITOL SACRAMENTO 915814 110 STATE BUILDING LOS ANGELES 90012 e4Lci��YX GEORGE H. MURPHY Sacramento, California September 2, 1969 Honorable Alan Sieroty Suite 3 1144 South Robertson Boulevard Los Angeles, California 90035 Orange,County Tidelands - X617535 Dear Mr.'Sieroty: FACTS GGNAI.D R.I. AnAMR. MAR IIN L. AKIN R , ON CAIU M11..ANNUI R JAN, "L. A.IR 11.111 JVRIN L. "A9f1, IT EDWARD Ule.nATSKY JOHN CORZINE CLINTON J. OCWITT' RODENT CULLEN GUFFY CARL A. EiHKSUN. III ALGCRTO V. ESTEVA LA.WRGNCt- H. FEIN JOHN F. FoSCETTE HARVEY J. FOSrCR BION M. GRCGORY ROUCRT D. GR 0 119 FRANK A. JCLINCH L. DOUGLAS KINHCY VICTOR 1401.1eL461 AR 11.N R. LINK EUG I:Nr W. MCCAOR CLANK G. MALONCY Rost, OLIVGI TRACY O. POWELL. II. MARGUERITE BOTH CAREY W. ROYSTER MARY SHAW ROY K. SIMMONS RUSSLLL L. SPARLING JOHN T.$TUDEDAKER JAMES E. WAOLEIGH BRIAN L. WALKUP THOMAS D. WHVLAN JIMMIC WING USPOTIES Pursuant to the provisions of Chapter 2044 of the Statutes of 1957, Orange County and a private owner negotiated an agreement on January 13, 1965, for an exchange of certain tidelands administered by Orange County for cer- tain lands of the private owner. The agreement in its initial form had been approved by the State Lands Commission. The agreement was not finally executed because of tax complications and the parties executed a supplement to Che agreement on September 5, 1967, and a number of amend- ments to the agreement on November.12, 1968. You advise-us that under the agreement as supplemented and amended, the same lands will be exchanged although the timing-of the transfer is changed. You have submitted-the,-agreement, together with its supplement and amendments for our perusal., QUESTION You have asked us whether the proposed exchange may be executed without again submitting the agreement, as supplemented and amended, to, and obtaining the approval of, the State Lands Commission. Honorable Alan Sieroty - p. 2 - #17535 OPINION In our opinion the agreement, as supplemented and amended, must be resubmitted to the State Lands Commission for its approval. ANALYSIS Chapter 2044 of the Statutes of 1957 declared certain tide and submerged lands granted in trust to Orang= County which had-been filled and reclaimed in adapting the granted lands for the development of a harbor, and such lards as are so filled and reclaimed in the future, to be no loner available or useful for navigation, commerce, and fishing, no longer in fact tidelands, and free from the public trust for navigation, commerce, and fishery. Section 3 of Chapter 2044 provided as follows: "Sec. 3. That any and all of said por- tions.of said lands hereinbefore referred to, which have been or which shall hereafter be improved, .filled, and reclaimed, as herein - before provided; if,and when so improved, filled, and reclaimed, may be irrevocably alienated and conveyed free of the public uses and trusts in said acts, by.the said County of Orange, with the approval and concurrence of the State Lands Comm�issTion,tto tip or respective owners o�Fe uplands lying contiguous thereto in exchange for lands of such owner or owners necessary or desirable for the improve- ment, development and conduct of said harbor upon a finding bb the State Lands Commission that the �� located i—'r the area copy Yn—own as Upper Newport Bay wFi cTare;to to ex- cTian ed are no longer useful for navigation, commerce, an _ -iL r F1 a�Ehatt ie. i�rc s —to be recr e d in. exc a�i n e are at -feast oua1 value thereto. The received by tie county in excnge shall be used by the county only for purposes of statewide interest. Upon any con- veyance as herein provided all right, title, artd interest of the state and said County of Orange in the land exchanged shall vest in the grantee or grantees thereof." (Emphasis added) Honorable Alan Sieroty - p•, 3 #17535 We think it is clear from the underscored language that, in accomplishing an exchange of lands located in Upper Newport Bay for contiguous lands of the owner or owners of the uplands, the State Lands Commission :s required to make two findings: (1) That the lands in the bay are no longer useful for navigation, commerce, and fishing, and (2) that the lands to be received in exchange are at least of equal value to the lands transferred by the county. Although you have informed us ;hat the State Lands Commission has approved the initial exchange agreement between the parties, indicating that the commiss.on has already made the required findings with respect to su!h agreement, we do not think that the commission has discha-ged its duties under the statute until it has studied the subsequent supplementa- tion and amendments to the agreement and has determined that the final exchange agreement reflects thy: findings previously made by it. Since the statute only authorizes the conveyance "with the approval and concurrence of tho State Lands Commis- sion," we do not think:that the commission can approve of the transfer until the final agreement of the parties has been brought to its attention. In light of the commission's obli- gation to determine that the lands to be received in exchange are at least of equal value to the lands transferred by the county, we observe that the initial agreement was executed over four years ago and land values may well have undergone some change since that time. Thus, it is our opinion that the agreement as sup plemented and amended must be resubmitted to the State Lands Commission for its approval. Very truly yours, George H. Murphy Leg is lative.Co -4nPsel Robert Culleg Duffy Deputy Legislative ' ounsel RCD:km RES0LUTION Or THY', 1969 GIJ.ND JUDY OF ORANGE COUNTY, CALIFORNIA July 16 1969 WHEREAS, public opinion and concern are now dominated by conditions and factors that were not pertinent at the time when the Land Exchange Agreement between The Irvine Company and the County of Orange was signed; and WHEREAS, these factors and conditions include the dwindling public ownership of, and access to, beaches and shorelines, i.n•• creasing dater pollution, ecological unbalance, loss of natural scenery, and expanding recreational needs of high- density popu- lations; and WHEREAS, the Board of Supervisors and the public -at -large should be allowed to consider alternate plans for the exchange of public tidelands with The Irvine Company; and WHEREAS, it is possible that an alternate plan might provide more public waterfront and access to the tidelands which were given to the County to be held in trust for public use; and WHEREAS, the original agreement between the County of Orange and The Irvine Company has been substantially amended; and WHEREAS, this Grand Jury feels that the litigation involved in the present Tidelands Exchange is costly in time and poney, And that an alternate Exchange Plan might el- iminate some of the problems that are before the Court; N0VI, THEREFORE, BE IT RESOLVED that this Grand Jury does -hereby request that the present Upper Bay Land Exchange be studied further for the purpose of providing more water frontage, and access to the tidelands for the public, recognizing that this further study may entail the expenditure of public funds. BE IT FURTHER RESOLVED that since this Grand Jury has pre- viously adopted a Resolution stating that transactions concerning the disposition of public lands should be able to .withstand public review, we' therefore feel that the above conditions'warrant_ the reconsideration of this Land Exchange Agreement. WDM:rl William D. Martin, Foreman A i. ELSTL _PL i. OF i3(410 _L.L P''.rl ',C POi_ ORlji ?GB C�U''T1r 1963 iJaeaZ)nent ;:1, J ary, 1966 Pi I UTY :; =1 19x5 -1970 Lc _tiisitioil Cost, anpro;c. $ 7, 7118000. Bic:irt sites Dove 1orxie;it Cost, approx. 13.549,655. Totcl $218260,655. P:'!(IITY ;II 1970 -1900 F:ccuisition Cost, appro;'. 1085648000. sight sites Develonmeiat Cost, appro: -2- liLST-21 PL:''-I 07-` For, CQU71ily ELo JI =Y-i of 1959, t:..'e ac c%--nC. 'evclopmai�- o' the '-)ro',)ozec- - I- - U I .. -, 2-3 new sit-as were moviiic,- c :"ze2(f on .-c:-.eCula, in. .C.C.ition, the o' '"unei:virors, in 4:7Cy, 19s", •1.6 000 Zor a L,.-e Stu .V fo--,- t'-.,e ^_1 --COL it,7 70-raile lo".zc� to --tretcii t'-.i:oucjll l-ive--.-ziC.e : ;Z.n Orc."ace ,--oy.i lAc: Lzkc to t:%e iaoint-i-i o-f `c:.io SaPAC-a Liac% T,,ivex. ]-'oc.r:d of Or'u,,�ervisoi:0 C.130 approved. c. recomm-nCic'.ti.o.n. to al�Ply for fizanciarj to c.Cvelol� t".a ;,3i:oj(:,.ct. The slaicl.NY is to lw>c co,:,,.i,)lcteC, joint-ly wit"., tare two ot-L-er COILlUtipa i--.-) time to %nrly O= c2evelo:-�anent -2-oxiC.s 9:)e ore Zhe :Ipl:il 150 1970, U.S. De";.)artment of 'clousing and Ur-)aa Develo"piae-at. Cost I Fedea:,-1 ;S t C. t c Colullt7 Villa Dma $5178500 1,, 291 acres $105578036. 110cuestoc! to to nm:C.',c�se 079-025 in u tie I L;ju-a."U-Q n2us 177 acres IG9 JIL11,78 ?.. tl�e SILIM fron Irvine -from PeC. 1 1 Fxoin Fed" eelli C 0 --ap Z.. Gov't. colir., 170- 1 71 u d et 135 acre- zl3:ecZ.y $36CS000 upay't in 'GO, to re oi.rneC.. .'1000 CcIraare. I,:Jcra costs will ".)e Zoa: dc--icn. c',1--�'r ;as to co- trill Villa -2 D cxa 11c.1-k 1-.0-jace",vt ilile .3c:um:e- 000 pe3: Reci,-Uanted ate' $4,-'70 173 leas-eC.. ::royj year. lec.,se. $5-A,98000. ($274.0673, face 1; VCd' -, Cov I -.0 . $2.5 :aillion $2.-2,500, nt-c(-e 2) To ":c C.a- est. cost Of 1'z,.t-c!.-e0. ".w veloiDeCL over dovolol-u-aent. Totals 'ah.,oSt $1. 3 'ye. -r peziocl, railliol- oil Iml( # -El l '69. $1...5 .- •'ut e-w-,,Dec'u-eC. to co:aL: fi:oia lea.-es t-o con- cas-siu,-- Ciu-l-ii--17 =irs state of Cev, C.!:;DOr $1.5 raillia, - peat $C7C,950 as of ne, 1955. -��unL;e�;- 1--t stn e; t: i $7000 000. Tlaree 33 c:c. .7vi * lie 6c. .A-.--e-pl:or:rarLj :n? I Z- 0 --.1 $1.0 �" m i 11 j. on Stz�te, DiSt-r-ict il- , '63 ad("it-iol-I'll to 2ir--z r)"'Icl-ce $1.5 nillion l7eco- clew. e.-tra. 1C ,:d tc:Ics 3 '-o reillr-q ;ien acclii�:ed. ut-ilit-Jess, ciev. e Z..t 10 C o C t a (' 0 r a 'C.t :.nc Colt77 '-j c o $1.0' million V - $103 000 . -cc: 1 22, 7Jou,�'Iit -21:0.'1 1--vinc co; $7611000. Univc>--it•l Pr::Ir $5. million-, Fee,' 1. cjov"t $6!2,000,' .Co ..-a C,.cvclo7-;ed ($3.5 !.-Iil. is ro-17u--ed to ($229F5001 state --UID. over 21--.1car Zol: Par% C.ev.; co:ltril:)Ute 1--t- P1.us coca ner -io(:.. Coul-ty $500,000 ::or $21215001 0; of cewcr--;G-. renter; 2n.0 ot-Ii Uni- cort-'%111 1,11111- over $5001000 approvecL VC2:51it-v .1111.1 dev. each 20L loac.0). .-)NY 2CL; o'�- Dr. L 5 or pariz Supr 4-1 1'atllmm 1:Ovoa:tO to ir Dr. &X11 vino Co. 17,-0 C"IlIvor -".V. a::o Z.Cro---- (Z:z of Sept., 1 S9) tl,e 3"1-5 aca:ez. 0 T the interest is ie fact I-faereas- t-I'le 1.'ar.Dor 111amlager iia-- stated t7hat the entire cost of the.par%-- i..n priority croup I l will he $1515161177 (L. .. Time IM. 1S69), ie also !,as st.iC (same article) 'C.iat- 'L�Ii-- 01 a U17iver-i-y - is e--il-Lz.j-ed to cost $25. million over zl 15-year nerioC.. S-ince t-Iic $5. . e-e- vclo.yL,jej-jt -r:jcjLj----c liz.-s 1.)ec-i vo;:i-.Hc& ':-y a Baer' d-r of t:e Doa d of V 25, 1969), the 1"25, raillioi? .ic 111-0 re'--r- to Z:.O.Ili--ionai stzucturcs' Sucil C'.3 Y-xa--elms' etc. Tyllicil it was -i:lcicatek.I nic.1-It be c'-1.)ectec! to 7:)e Conate(f. ::)y various CI-.arit-C.7,le fonadc-'tions. 10 vilorto",, Dp-ia $1.25 r.-iillion Yo-- 125 (52 lc seC. a,1:01.1 01:. Co. FlooC (:on-,3:01 Dist. $1.00 I,= ?car. 33 acres uplanc.3 i-.017 .:)eill(, accmlired tlu-u cone-.oaination. L:r-u.mwz 7:ic;ual 120 c.c--. Coiw,.ted .-Dy Lc-c"Iin- "I'figuel cor,3. error, xls '-9 �-c. lcllce 017110CI i1oul-01-1-2iglin1 $1.2 mill-ion Plus $21351000 to "bily 1C.1,0 if cwailable. Co. Flood cont)Lol $10u'-DOO for. -L:ic CLal-., aroal ree'.11cing ti?e $235*000 :-)Y . that -Silount. $590,000. "atcn tae tate Sum Fed' 1 --m. Yes $29,000, 17z'.t-ch ", L'tr.-, stujc 11 fate s plus Z' ..)lus tioaal re- 20C.' 1 sum. c-uc--t-- in eve-ale Future. e�-nec-'-ed fzolj ':-oat S 111:)S, fto� 60ncexim 7 _ UDIDOr echo -t s aV Colt ?ec.eral be t Ccunt . :ec:io -na:l 'rr:r': $1.7 mill1,0r. ie f-un.ds ilavc 'jee_l rer_aeG ec ?, se- 266 c.c_e.^, estinateC. caube r o n1.::: ha, =on e;3hrec'•.._ - of 1ar-6 C: water at e_tre;ze nor`t." l Y enc.- Of taie may. T_: Cl;_,lIOi OF 1:..I2 i1:GI0111.1, P_.a.I. Jr, P12DICi:T:D Oi+ i,_„ 2 ; :C °.ii_':', Gi' TIDAL :'r DS IF UPPi31 rZ_i "M!T LW ten`' I' i UPL[".i_iD 1a i11:: ii F01. CLLa i. a Gr 1__L I1.VIia' Cv1iP:;i:+:, SIGL I IC2XTLY, T': L i6i`.C7aUi ('i, PP GPCS77L :i1V= SuJi;S 170T Ci:L_' i ::IG a.LGIG1 [..L 1:.1.1. _i U. 2.LZ;0 3 1+.T 1 1..Z1.o .. 67 acres C:C .�.>1CC C C.'a'1`�7Oily Of whic:1 :79 acre; 170111c'i lie ilut Oi 'i.:le liVlIle C011tr1'.�Ll'C1011 t0 t..0 1. Z :C.e; acres =Or c aeaeil pa:c e.c i iC el Circle OD. t_le West ..el'il:; cnC: 2 acres for a. ;;each mark ci: 23rd S`creet oil t.'_e r7eet ?:'.?''. -.: - ._ -c three other iwirlCC care not to : e '_ounC. on any of tale Priority fiats of 11.1:, 11..i1''1: YL.1: Ui' i<vG__Gi!..L 1111-.RrC P01. URi':i -C`1; COU1::T` . r,.-d.-es Certa..i_.. tale st10a0, such C..,. 1:11ei1, if ever, c1_oeS tae Cors;.ty i'_,tend to C.evelop 'talese par'.cs a C. -.t 11:i.:t coat? Does the County intend to trang' =er he 'ciCle of these par ?a to t-ne City Of 1, et:y+0_t i ea6i!': l SO, [Till the City 1-ave a rig-at t0 2.ily revellme 11i i6i1 nay ;)e derivec' from the .e par %sl: Tate $1.7 million w,-Acll is the eoti!.IateCi CoSt,Of this pc:rl: refers ally to tile imp ovenet is 1/ liC': C ?111 no adCteC'. r. -ft-e_ t-'e ilSrl: is creator% !Icxumillcj tart the ti(fjelC. i.C.o e ?ccliange is apps Oved to ?C. C011r'%C, th13 nariC i:£!O to '.)e C_eztec i.)y Cl_ed �'inc— =11C' llli' to conotruct th'a artificial i)ellinsula l:eCO1llleaced ill the oo- culled C1e;-lerL1 plait fOr file ile.r:)oa: C evele )lne'.'c. ..OW i;lo.rly years Will trlat -'fill tiie t-OCa1 c. -)1e to receive tae into it aild Otill va -3i ti-s': Trill it OLlt t.._i'el ?t '.� a:: ?e ;lay it -je 2:,)efore t?lis nark :ecomec a reali'c7`1 costa actually be? will the rolliiicr course :_)e 1'1L;tera Of, tiie J 10.0d colltzOl C'L?1_e1 1.':.:161 iJOLlr lnction Lis a .i:OL'liiic: couzoe for the VCtl -J Ous 11_li- 7,e 1leCeaj3arj7 to re -route talo--a °100e, [late a via ni-oea O_ some kind Of circLlli.tlilC' ° Otei.l7' Tito tern is Of Calla 1-)roi)oaed par' is the s,1oa `Cult (aacjaCeiit) woicii is s0 unst8i.)le that it Caused co:istru.Ction O-� t-he ja'.'L0ree atoe_c: l- icce to De delayed many l:oatais. DevelO_xaent of the 1nny ,)t'n VA ."':.r Lu) e. ror,,i,Iy 'i".1 . ;.n antici *fated. il:*'-4Ti32 PLLI." OIL, DI=WLL Prioritv TIM.'Dor's Tile--e tiiree haa:'�orr .are as i,% 190-3. In -SI-a lc"GJ zmenc.c(ft _71 .n, 17-- c'Ic--nr7oc-. to 'uuc;c-'- -11jor U110 name of Sull- ,.cl atic Pi.i:,,- and '.-ie filar?: .1a2,:-:01: eleveloi)m'unt wero con: A-, C(f.. Tjl'Y�el: eCllO t Day tyat; '10 lollcor z..-- - ilar'.)03: lDrioritw L-1 t'ae amepc.Qd lDlan of: 196GO ..�I:.t ac tae Uppor i Yno 2: t Z ay Da.-.c, Iloint- :-ar'-)or waS un(f.e-;- construction '.)y 1966 and, tiiere--oro, coaced to lLe listed czmon,-� t priorities. i:reu co--t Federal State 22L-I—ii_a u et See Lvinset 11'ar:Dor 7icru,,.-t.i-c-. Parlz, pc _.2 Est. 0 63 acres o_ $1. T'.1il. L-,wf. '!5 in 19G3. ,-,C;:Q� 0�: - I Fate:: i-)alla Point- $22.5 - $30. 414.0 uilliovl 2GO z.cras (167" millizoil. Part 'Dzeal-water t-:: i c t- <',C. of wantor 6, Irivat-a -Funds. 000,COO 93 ac. of lLnd,). Czaft Cleavy ca-1- --tru.c.'u-ion) C o T,-Lr.i . $.Z'.# 793175D i. a-. -�G:� $1.6 1.1il. access --Oac- utilitie5. CO...D2 -=D 2C.0 LCT2- 0' i:P,- C7,Pa'O71 L- 0' 11! -:_CE� - OF 1-n-ovide acces- ;:oac. for Army Corns of Engineers;. "1.5 LIILLIO�: 'o 1-ia-- --t-ateC. t-lat- the tco-,: rate I.,Till 9,30 Zeducee. -U: - !",Or -n accuirod. Earnings frost now i:7; �1-�t the Zund-- -:,0--.- t"i A�, Ilave �De 0- tile -fuIIC-- on deporit are $3001000 per yocx. To cluote Govorv.or (;-,a re erred to t1 'irie..ce i}owly c;oYx-.)le-'U-cCt 'Jcti?ocn an Diego Coculinclo islcind) w,;lere t'leralr a 1.7illf U7-01:013 c way. If:-.e Count-Y cLil4f! :�Iznr.'�:or District set a for t',e C'.evaloix-aent of Dana Point- Inc. �rtz�.tc t:ien recuactec.. roceivoc. an(f. raise(f.. t11e County rate to r.ccuirc othor nece.oc to inr-or j ^ic ;Iu-ers mono w rj)ent to Cavelon or rat-1.13nin 2.1 Over a 20--,,C.nr no-i7iod. -L., 4 c3 .,atc(f. zetniz-a at Dz.nz-, Point is ��r:r moa:e tlli,a tliatt. hr, of I.:ny, 1969, oporr.-'Cinc.-; 0;-- ,. $160,000 anlluallv , o :1 ilc al-Inual (-;ro-- re- venue is Cotimatod. at $8651000.* 2eclerc'.1 $7/110.00 cot. foi: lity _-tuc..v. ,,201000 'co ...c rectiesteO. i_-L 19691 Coll I.,o u" S: 10CL-1 fUlle-Z. _11 ctevelopixent 0f ,11i"s oil tiC.clenrl Iii Ji.jPO"T,'�""' OPU-3 CGUI'Yf �-,D UPPE'_ Z:�.]`POPT I-)I�Y I�­ IL�TM 1 T: UTT, I*,LL:01? LOUT�M-"M'T CLLIPOP�'j- J:7 :1 So 1 7p�rj 2,ECILMI�TIOZ.;.L STbDY. DOLSL -.'4_P!jOr reforre(" to a-, _"Llnset-1;010z� TTa. S -not oli.tae y)riorit-v list in 1963, 1-10Z.- on 'u-110 priority list in 1966, nor li_-teel ii-i the P=Pj]LTIOi? '67 re:)ort Ly 'C"ie Grance County plczlnin�' De_Dartl,.,,ent. it "1.a!;i ui-) froi-a aowhere anC tllcOe are tine fZc",Cs .2."Out- it: recle--al State C ou 1 t" con $1591000 for fca_-i- $24,. mi 11ioI A .. Coct �.ov. 7. 1,fo cost-r, 0 � I -�o P - ject-cc.. entire 07.oreliiie ,,.o J.Aan LYIC Watc_­oriented ence ::or throut,h -s & "eelzint" coosx_-;:ation 0» of 157 Corno o" JM-.(jinoers Jc parl, pronozzil. Lcrc.0 of f-illed Coun-U-7 t--ic.01a1ic.3 $4.9 ca c-m pLtanic azea"s for /50 acreS of ir- vi;,10 a r.lazOl: iLlanC.O. 2eclerc'.1 $7/110.00 cot. foi: lity _-tuc..v. ,,201000 'co ...c rectiesteO. i_-L 19691 Coll I.,o u" S: 10CL-1 fUlle-Z. _11 ctevelopixent 0f ,11i"s oil tiC.clenrl Iii Ji.jPO"T,'�""' OPU-3 CGUI'Yf �-,D UPPE'_ Z:�.]`POPT I-)I�Y I�­ IL�TM 1 T: UTT, I*,LL:01? LOUT�M-"M'T CLLIPOP�'j- J:7 :1 So 1 7p�rj 2,ECILMI�TIOZ.;.L STbDY. DOLSL -.'4_P!jOr reforre(" to a-, _"Llnset-1;010z� TTa. S -not oli.tae y)riorit-v list in 1963, 1-10Z.- on 'u-110 priority list in 1966, nor li_-teel ii-i the P=Pj]LTIOi? '67 re:)ort Ly 'C"ie Grance County plczlnin�' De_Dartl,.,,ent. it "1.a!;i ui-) froi-a aowhere anC tllcOe are tine fZc",Cs .2."Out- it: QUL,L;r:,M.7.;i - - - .01.1 cc �11 ..:::e cx-:-i7(e r'ouiitv, ',_;ocrc! o---- Su'llervicorz jticti_� tile c.,.ponC.itvre� -zor to I-C !,)a:o)ecc Wilicil is 1�.ot o;. t-110 pj:iori-Ny 116 C I.K,el) j,- is C, aimcel t".1c-t- t;le couxlt-:: cannot a orc. _0 ,Vc � C, lop jocont to tiloce Off !)L,.,711c ifill tili-S YlcXint ',)e mainly for .-)!:1vata Or Dvc:Uic U-0 recle--al State C ou 1 t" L0_-Si7,ly -J,-1 O;:cc!3_, of $1591000 for fca_-i- $24,. mi 11ioI A .. 4 1111i ty st7vfly ($051 000 �.ov. 7. receives_; $40,000 z.c- ditional fro3a CcJi.z. C:reC.r.,LY. C: fillincj, into 17avigztional cmlfer- LYIC Watc_­oriented ence ::or Cuts 2 c:. umnel improveneT)tr) . to occLn to "eelzint" coosx_-;:ation 0» -4aZVO .71MI, Corno o" JM-.(jinoers Jc parl, $4.9 QUL,L;r:,M.7.;i - - - .01.1 cc �11 ..:::e cx-:-i7(e r'ouiitv, ',_;ocrc! o---- Su'llervicorz jticti_� tile c.,.ponC.itvre� -zor to I-C !,)a:o)ecc Wilicil is 1�.ot o;. t-110 pj:iori-Ny 116 C I.K,el) j,- is C, aimcel t".1c-t- t;le couxlt-:: cannot a orc. _0 ,Vc � C, lop jocont to tiloce Off !)L,.,711c ifill tili-S YlcXint ',)e mainly for .-)!:1vata Or Dvc:Uic U-0 r r -7-- v4L.LVJTIZU „�.R4 r 4.2 Zi,40 21,11IL 11T G Z7,C,i CU V:•11 1.J 61J -196J n n In addit)on to the parks in Priority .1, the County ox Ore.i:re is purchasing lilizo.Beach (4 acres) iii Laguxz> for $607,000. `.Ohe.Cow,ty paid $30,000 doi:r1 an will Plaice ilnn, .1 Y°�.iAtErlt3 O'L $65,Q00, wi'ta a hall payment of $25,000. i:�..ove the Cost of taic :.CCulsition of rliso Lc QC= !,-117 t`:e co of e. $C00,000 -isninc,• pier.. :.pj)licatioiY is bei:ic n. =:C,e to the VeC,erc.l governraciit for $3008000, G., of the cost). If is Cjiveii .iy.tue 2cde'r l gOver:+r \Oil.t, the _T,1i: )l is Pts"ri.r.i. r:�e'n FTill yay $150,000 C:;). E:11C1 tlic .+`Le`:'y;0 (tTiYOtic:;i1 t'el6 i)iP.aC serVE.tlon Lund), E.l,ot'ner $150,000 �'vy). If ul-Gds are r)ot :_-Oreh- COrdl'Ll1- ro?:? the r^eCleral governTaesit, tcie 101;c7t:1 of the 171ei will ��e 2ACC:e at_orter. `l'C _ii::riDOr Dl --tL1Ct I. 111.1 L5 L,, $2115,000, C.1C! tue OtE.te `.iilCtli£a Conservatioa 2vaiC.1 $2001 000. iOCS frori pi_r�ilil�, CC1:P71YI'' +, c:.i_C! pier concoorioils Z. e erpecteC_ to retur:: a profit to the County Of $1.25 "or every $1.00 e; - pellc':ec' . ::_t Sul s3;' iii:C °.:., Sae .c-a rd o;: 5u''pervisors tic-,n voted to conc.eral 13 C,Cr CO o;t ilrol`czty , c -1O:iC li:' tC tl ?e ucutilO.r:l P:..ci`iC P.i?ilro:ld .Or -.Dur ;Fsas O: Je7icl narkln(,- lot. Cost Of_� `ccui Citl On ili2C 2,eveloprlent is esi;iiu:ted. ztc $2.5 ::lillion. Y �:1Ti lot 15 to �e LiCe ':j Uv.11j f Ole COtJtt gas Ci (;:11e COU1ty 2Z1.AniStrz:t0: !Ariz st::tC(:1 ti ;at tilc _ r1 Or Diz :t:r1Ct COL ?lt ", :Q,^�C LlJ t0 54.27, 500 from tl::e.^.e ; ui- !C:.^.) i.)lLlu Z. _ou Ost to tLe 'CC.CrC1 Le:i1Ci v ?7 C: ::.tcr ConnerVC:iioll sCi: iunot :'or $10695,000. parnialllties :°Or .:.Cninistr Ctor 11 "e8 L ?Ol -1f� $912,500 1:: _..C;�::)Oi' 1�1Etl'1C'i, - t ?:'(i:0 a.C': li1C::Cc'ISli1C' t'.o tz�:. rl.te .Jy C i n J1. � CC:a:+ to CCCUEtilcae. S-2CO, OOO, ..0 t,_,.•�:t efi tL�a $1.9 million Could i.;C rai.^.00i .y 120-Lis C_;,: �e mat:.:Ocs. iri T'.2, G(4 Ui.y L'RGld ,_ ..I =jG LOT _.1 +. LJ 111,:.1LD _il b::30V59. oajc m;,jor rues'cio:. ehould i _)e C -skeG r!itii reC:c:rd t.o tae 13 . ?cres CT.liC1! t+10 COUi1L`y is pua:ch:c,^,il7,g. _:::V1PG L111: USZ Or 77.1" n n n 7 i /i-vr - TwT.o PG ,.Rili7.:PC11 „i1C_;, llCi:;� S_..,� C.P. .allrOad liOC7 019:1 t =:(: nrcrort'� =^ It is. +ao.^,Ci;,Jg, gsper. ^:.: ?i.p h. ^a reveriec`. to 'tcle rmb11C. n Cl:'.n'('e col::iitylo C•:'_e<.tes-i: __c.turr:.l '_- O-ourcc, of li C. 1C,a E_C tL ?:'clly Owl_' ,. OYil �7 j./' ".1110: 0:7 •,..10_.^ -_ 1i't ^. out o2 ti,e 62 wiles Flit,-ii) `c:ie Cou _ty. 24.2 miles are pLZ' lic, mZdI:.ly ci"cy : ?.i: Clenen.te rece.t-ly purcl %aseel 389,Su linOC4.-KI741� "],as^_a(je 01 e ; IOC FBI '20i7C! issue J9%.r'�, 000) �::?.ri 1. Cr At l 2i ? , ter Coiserv..tioz =LU c i2CO3:25). ie wt- :ce Laud LC:c;u.;.,. LC::Cfl, 1:;1 19'i3 , `_'CC ?LareCs %;. 5111Q of '-or 3. ..zillion , -)r a rc.-cc o; $15.000.000 In view of tae trcilendous neec for pn' ?lic s.:Oreline, it is di-- ':1C:?lt to compreiiend Flay the .soard of >upervioors has not a- CoPtoe; a vigorous i3Oli Cy Of protocting the public's zzccess t0 tho u'.'iore. [a G')per iew':)Ort :£;y anc at .`ic_lt Creek, the BOarc4 of SupervisoiS see iv una ;_le or unwilling to protect t,is access. 0-or, �.z_1 2 ',o:zc L tiSe n �lei)C� i_ave ::ee: i ?: ri_vute ac. *T:e_ i �, recess to 1- trio avc:ilc.:le vii. ;gat Free:; ..o.c; z_ nar., o"_ a.� I. J'.i.:.0 a_-OZt 10,10 Of t't_:e i3C ".C;;e "y)1an .i0_' state �)C.r:,�• C. O SupeYv_i "O: o V c'telt t:.ie It C:. eei; i'.d _!i ' , 1 Co 1 , ' i r7i' :1 �o tae L;::C "L._: . i_ r :,o.ca"c :o;' .c> c;uiiCc. tSiC ,'.)1:'iit.. 1]rnC ?: t'• :_.rOia .�:C �. C. ^.!.:CO ).. C'. •J11_�" YCCC1VCt' t., '_r02 t116 io.x'' of ��l•'�c3i"V1601 +, tiic L,-!';L +.--r. �,tel O_�,o- 'sic±:'. ii0 ioi_'ef "Iori.litS u.Ge U' t!'o roa( f'o i:110 )Ll. iic t0 Cot to ti1C i'._C corpiOr C:tiOi). I y ?_'L an`1 for C':.CVC� O!�7!1lCi_t O'' %c "_C_r i:�r Oiler' _' .e e,ctei. ive, ir_clilr'i.i ?� LuilC;inc FLE! Lca7c'sr, -tile croc'. c1C 'a£lt wz. t'er 1F3rmn t0 !3e - urrou:, Qd .7`' .:v tC91S c.iiCi p'GCC1- G OF.'._tOrC %C:1 VCiiL'i:i.0:+ The O _--� it? 2 dC.ilCoi7_c.l- 'i.:7o :; 1- )Ic crce% d. %71"i_;loull- La "Ll .11C 7:COA CritlCi ^0L: - "'t' ti1C fit -�C :!Il tN.•" Ju y C-fao ilcve .'one oii rccorCL zis recOi.u.:c:7cinc t:�,t .nz_lic t0 pP::)11C 1'C:iCa :.:`e 1acc mal-: iaorv. Cit-i.Ons 're i7UC9 suir"j t0 compel tlic! County t0 provide, cCCCss• z 2 c; u 2 a grr o a.. 2 . mzla tl�c : e c to i ,em 2 £a mon G r a yo= : », (2avolo,ty'.101-it- -proc =m, 2� G e e ak, % % ee 2 Ge 6m : 1905 Coen ;ot iuclude co o 2 m :� :zrn, t:, e to will O-lceec, &&6«6000. z e,romG= ,;. 3) Co, mi !ou 5e Ml o aa1 = c% >ni:: e: - : zt 1. : aria D o =1�.DaQ m t = 9: a & e& lot oupervinozo to me , : w (2C.0 aczec 0 G: S Q, m1 sin »md,e "=ah(am :for 6) The c L :_�O l0. : m mct-.� ,m to d � zory;mc2:' mzzgo:cit =7 , or G to m ele cos Cle_loant, in O.etriraental to to sic i m ;G e e: 'u-ill _ m :t oz £: e _ ± in Cm u <pu� a, in at=e Ue � . Of tilic lvilac .crc , ! !«& 31a1 cow o� ioll 6) ecu 5 1 lr c a aGt Creel ;� :sml =? &±3 puLak:co «£a:eam;e��1em:G gym= to C.0 so. . . s) weA .=12o:mJmJevz£ =7 , or G to m ele cos Cle_loant, in O.etriraental to to sic i m ;G e e: 'u-ill _ m :t oz £: e _ ± in Cm u <pu� a, in at=e Ue � . Of tilic lvilac .crc , ! !«& 31a1 cow o� ioll 6) ecu 5 1 lr c a aGt Creel ;� :sml =? &±3 puLak:co «£a:eam;e��1em:G .P . . .. . -1()- n r,� "T E, r, ':L_!' - :� 1 _�U-_Llc L I a Smuc-,., Z:s orC.".,,( 0 Collin- I - ", �- zuic. UY C..cVQ1O-.)Z2QI;t i n a- _;a: _.lp aztimat0a to cost in e,:cosr� Of $100. 'AllioIol - CQQ C ( Oil "-C1IQC-_jjj,- -L_,-jQ J_1SQ O� ��.I,y -;O11(-2 1.101.10'7 J-7 C!Doolutciy Ila morit ill -0-2:7 a -" -U,:)Gz:vif;o----, contuentio-il t-lC_t -'-a (�Gvolo!-� 1-lic Upl.?Qr ­C-.-7 Jjj`-11OjLIt J-"'ja `-jCt u . u ., - - U�. u _ �- call' j. ) -)asr a L)ond 'issua. - "'IQ Cleve 1OtDz1Q,1jju- a:! 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C;;_)VjO-,1"-j17 flLUIC-.- 1-1111 :.)a 110ac. to covelo ticf.allailc:o O;-C-n na,-J"a jU--JU- C.s tMrO LILOCI to (LQVQ10) tc'Q r c,- t D,,�.­v. i-- will .:a rc.i-QC- -",-a 1)i0- vice mo-.I.w7. r IQ Qzan(�G colur" 0 ar C- �C"lazcforc the c7,j.QZ." reanol� cited ;_)y U, Cy Of -_,U1)G!:Vi_-Ol:S as J-0 jfjl'7 j1aZle117 tl.Clt t_TIQ1,y C-1 !IQ-"- C.QVQ101.? t.10 Ul)7)10Z Witil0Lt t,"O a,,,- C. LainC:o :)oc-.Uso jCj,Qy ca-inno-"u- affore. it- iS to. Surl:ea (=G; Of most Oi U11 sjlOI:QjjIIQ -a -Z;1IQ -zville CO7.jj'K_':'7 oil jL-.Io prato"t OZ laol, O._Z fun'(f."s c al-1110 t ;-..;a justiZiec'. . - , I - -- IT 0,"ID-J31, 07 11L PU LIC 1-1-1.ERM171 T:Z.T: QVQ107) On- a,- $4.00,000 il _y Gi:'iaSC t_ /. ''c:C .., -_r01: Di 1:1 1S�63-1969 for tile st rt 0J.- t_.IQ ul);)Ql: 1-low11oI.-t- Day x6301000 ilar, ziccl.11.1111citoc il, Count", Tic.01C.11CIS a- 1 A:c To< fot!�n i -:io­ o Cl Yo accotints totcl ovo� T1. rii 1.1,j 011. This i, r:iora tIzc.i-i for Z-. proper plzul. -1.1- 2) cG ,C'.CIl71Ca 10-11 of a,." 7 i)r0?l.^_r leo 0U 1C, 'CO 'le i1CCCC^C. "L r :0O_ tiC 1JC:V , S C'.CVClOJLlCAt: COi131Ciei"CC•. 2I1C': ayJprOVCC'i. PreceC.eilt3. ,o ;: COi Z..eu: -. CttioI , Dzna Point- I-lo.r :-)or rullertoil J)t:fii 71ocional 1'c.i:?C� ' unsct 101,.C':i y'azlzin(j lot. 3) 'uiiC °.ii. :je rCC uE's'i;eC. 21 ^0:1 the e:i )p;:0171'i �.i;0 (;ovCril lCilta1 c`.C:CilC1C s, C:3 h<C :)eCi1 0 -on-, in ever] purls Ca..' iiarlJOr nlC.il t17rougfil- out Oran a COumt7, 101-'Gl ti-Le C:COCyCio 1 of UPPor LeEpo V,- '-'ay. � elccti.ve coa.C.einnationI at prices iil c.CCore. with tile .^,c:7r,,oZl3 -,Val Uat-i0;1, will po:mit- the entire UI7YX ;_ -lay 1:0 :. -)C retaiII06% 1:1 ti:C !JU:Jl1C F_OL3C_lll lit yJC1 "iJC cU ri'.'.p.. Ot:C_ rCa. ^.O'z7 Cli:CC''. ]: s7 '�;,l:e i+0 arc Oi°. rSi U'_JCi V13g1 " "� - t0 I7s_ 7 tnO'y tiiirll thi3 t:, -a0.e i3 _..CCC30a1';I 13 1C.C1L G, aC Ce 3.^i0r tit@ pu:JIic 'Co tIle 3110roliaa. -'C-11_Ou it the Irvine uplanC.3. This ar1 ,-u- ,.Ient "z:2 Very lit-lo valie'dt° icCCZS3 n1C L li S- ,IGl.P:LItLr' Or TJPPLi' ;:fL7IPCP. ^1 ;Jfal' CUY.rCil�;l <r 13 availa-olC i oIn tle iaplc:ixl.s: 1) on the Ca. t 31C:C v1 -: 1)r1VC (iL1:017i= D::ivC) . 2) 031 the C7C. ^.t side, C.t i'.Ortl ::tar Lc:lio. Frorl hero, it i3 posL;1:31C t0 tl;:ovice acce3c to ti_e :.1e3:C an C. Idost 0- . "Conziva tldelanc.. are,-. on l;i'.e 17C.—C 3idof l.'it? 110 COi1Cse= .'.ilatl0:] . G;:;` 112r "5L z1:ilIC.131) r)..:1.2L_4 1L,; 1L- ,D . :i =`. L[:i;3 - ;r: P%. Ci:2 ^" :` " -2 L- C L L rvtilL, 2`1' Pi LPiS:a il �_L17 ir10I.: 1::1. :D PPl. .iNr -:2. O urIGL C(DIT1:1?' I'..PC 1. 'm-` r' l P 1 l "S Or -11 D- 0 DI 1 -IC1 O- Ui C I TD AD 01 I T= OT-12M I:-!-D 7L 1• :P 1V � - - - T rr nrn U13 ,.l .'u , n . I. - .., ,: . -. Cx` 'Pi:" FLOOD COI ?9' = OL CIUZELL, IL; S IOTiZ' Oil 2-11-1 p C r rr',. r ` :� ert- LJ •.Ll.aiUr./ _G 1cu. 1' G_OUlJl7 if 'i:'iC Stz.te LanC.3 Co miisriO_S VerC W01'1Li11C; '=roLi t'- ,o Lin)C'. il•- .i"CCl , 'i"IeN7 T'TOul(:. !Doliova t-i "rat we 11C.ve no _ CC.°,.G3 :.)ecauSe 1-m:)3Cnca o!': is e +..:i.:1:J1' of 'c a tS'70 F,'i:roet. l aiC7 urC t!le PI- 17dic'5 majoz poil,..tz 0:' Ci!t_n t0 the shore 1;ilroug-1 ti1C unlanQ3. P.CCe3o to t'10 311010 O _ tc_e ITCCt ?a nli ma-7 1 ?C Com;la3 :0c, t0 is ?C AC CvEC PG1:lt S'Ii]C "C iSj. j CE,_ ^,.^, ar:,7 C 1"OC:CiS'7C.Ir ..,. elt-,or =rtCy n,' r[c.. �].ove7 rYvSoa't {-_ -12- al COULD' :iuLt 10 Ph _.::<, t__L C% Ui L'1\ i�, � j r'T > XZZ:? TIM n' ,r THE > "T L:;;l::'O .,.'.l [ =.L.D 1ll.I\J. t033I iLli t\i.L. 11'G ii_J:t �t'ti I:. 1J. LUELC J ?GtJLaI_ The COUnty has recelveCs c._-jj)1"opri.utlon-- �YOY:l ic-Lo •t o to cro ar,<?ilrinc %or other County projects. 1. O_:ea Space ;_ct (PeC:eral L, %ilCi and Coiiservr.ti oi) . !Finarl, ) T:,is - ecuire. 50" VeCcra:l; 25% .-tat-e; 2505, local. 2. .taste Small craft i.a.r..iors Colar iSsion.. iaarChan it -]r loans ei,tendiizr7 over 20 -50 ye\_s. 3. �St.a.t.e Dept. o wl. -ter Ile.Ource t., U. S. 2.rny Corps of En - ineers. 5. U. S. '.ureau.oi Pec:lanation. G. Cr,'.lif. Delacil, Par::, ant' accre- _.tiotz ;)oa0. amci. (Stcae Pc.r::s 7. State Ciilc:life Con ;erV8tion oar2 -. o. - .�J -t101- 1 f21V0rO Ci7Cl :.a.r ?OrC CollCjl'C_^,., - c. ctl Ci- Oi°::3_Cial O_:_1An- 1 �.t10:1 �9I ?lcii recoililCiiC', fu-.j.eL a:11ocn:tlolls t0 api)r0_)1'late COn- r;ressio '-1 committees. (i''.p Jea.l ma6.e here for Daiii. Point). S, U. 5. 2isa a. °tat ';7i1C lire ,service. 10. U. N. Con ress - '.:Ouse riar� ions Corn".iitte'e. 11. i'eclerl -1 Ticaer hollu-i;ion Control A alliii Str,ati011 12. 20rt 2LUt01 - Cail .1.1Cy w 1 - 1.1e(. to '?OrrOL9 i o--aey to ;'Aly lzne, a.:,v lease it ':'a:ctc to va -rious ' "irms. 13. : COUNTY ADMINISTRATION PRESS RELEASE COMMITTEE GRAPH OF THE RESOLUTION: MRS. ROBERT N. WEED ACAF<ICJyLTJWRE 5 SPCUAL. CNAIRMAN MRS. JOSEPH. ROSE NE R, JR- WILL!AKi O. 1. {ARTIN UiSiNIGTS COMUAITTEc Bay Land Exchange as the result of correspondence it LAUR ENCE A. REYNOLDS JAMES S. SAYER received in March. To obtain as much information as For.. M.N VIHCIL 5IMPSON PUBLIC WORKS COMMITTEE Sampson and James Ballinger, Harbor Department; WARREN E. BLOOM +� Ann -..•ra .rrlrn ,•[OREMAN.fPRO C441UNAN ... _ - -,•IJ TLM' MRS. HENRY M. KLIPSTEIN CO.CNAIRMAN %:.. BLOOM REN AD. AT . WEED MRS. JOHN HENRY RUSSELL COCHAIRMAN o+yJ'T.,.: ,. Cory; Supervisors, Allen, Baker, Hirstein, Phillips, JUSTICE COMMITTEE DONALD 1. HUDO LCSTON - _ yyj``' AMODRRE E R. WHITE CO- CNAIRMAN - SECRETARY MANUEL J. JURAOO MERMAN L. LENT u1 I; ' MRS. JOSEPH ROSENER, JR. ASSISTANT SECRETARY 1969 GRAND JURY HERMAN L. LENZ SCRGLANT- AT.ARMS AUDIT COMMITTEE - HILTON L. DALESSI P. O. BOX 1863 CHAIRMAN SANTA ANA. CALIFORNIA 92702 WILLIAM H. VAN NATTA CO- CHAIRMAN HORACE CAOEN DONALD I. NUOOLESTON July 17, 1969 AMORE R. WNITE COUNTY ADMINISTRATION PRESS RELEASE COMMITTEE GRAPH OF THE RESOLUTION: MRS. ROBERT N. WEED CNAIRMAN MRS. JOSEPH. ROSE NE R, JR- The 1969 Grand.. Jury has been studying the Upper CO- CNAIRMAN :MRS. KENNETN L. CARIES Bay Land Exchange as the result of correspondence it LAUR ENCE A. REYNOLDS JAMES S. SAYER received in March. To obtain as much information as WILL JAM ANDRE A. WNITE NATTA possible some of those contacted were: Kenneth PUBLIC WORKS COMMITTEE Sampson and James Ballinger, Harbor Department; WARREN E. BLOOM William Mason, President, Irvine Company; Andrew EDUCATION COMMITTEE Hinshaw, County Assessor; victor Heim, County MRS. KENNETH L. CAINES Auditor - Controller; Adrian Kuyper, County Counsel; CNAIRMAN RIC Hp RD C. MERNANDEZ Forest Dickason Count{ lrank Robinson S 4 4 CO.CNAIRMAN Intervener; John Killifer and Elsie Kroesche, BLOOM REN AD. AT . WEED members of 1966 . Grand Jury which recommended SOCIAL SERVICES approval of the Land Exchange; Assemblyman Kenneth COMMITTEE Cory; Supervisors, Allen, Baker, Hirstein, Phillips, JUSTICE COMMITTEE Battin. - LAURENCE K. REYNOLDS CHAIRMAN ' analy S p ese conversations plus analysis of documents AMODRRE E R. WHITE CO- CNAIRMAN - provided by various agencies, led to the accompanying MERMAN L -. LEN2 MRS. JOSEPN ROSENER. JR. Resolution. VIRGIL. SIMPSON WILLIAM N. VAN NATTA ' 1. SUPPLEMENTARY INFORMATION AS IT RELATES TO EACH PAM- PUBLIC INFORMATION GRAPH OF THE RESOLUTION: COMMITTEE MRS. JOSEPH ROSENER.JR. CNAIRMAN C. R RUSSELL RUSSELL Grand Jury feels that there is a new public E Y MRS. JOHN NENRY MRS. awareness that public waterfront and access are limited, and that once public tidelands are traded or sold, the PUBLIC WORKS COMMITTEE County will have lost forever these very precious re- WARREN E. BLOOM sources so important to the recreational needs of the CHAIRMAN SAYER people. It is felt that the cost of development of JAMES S. CO-CNAIRMAN the tidelands should no longer he considered then only MRS. MAX "M`LLER. major factor. When the Trade was originally planTred; County officials proposed the Land Exchange as the best way to develop the Upper Bay at minimum expense. SOCIAL SERVICES However, this Grand Jury believes that providing and COMMITTEE maintaining public control of waterfront and access M CNAIRMAN JURAOO must now be added to economic considerations in the MRS. HENRY M. KLIPSTEIN - evaluation of any Land Exchange. CO- CNAIRMAN MILTON L. OALESSI RICHARD C. NEANANOEE MRS. MAX MILLER MR4. JONN NENRY RUSSELL ' 1. N 19G9 r_RAND JURY PRESS RELEASE July 17, 1969 As the population of Orange County grows, the need for public waterfront and access to the Newport Bay expands. Since the pro- posed Exchange Agreement does not guarantee what, if any, provisions will be made to provide for future needs in this regard, it is felt that a land -use study and economic feasibility study need to be made. This Grand Jury feels that at the time of signing the Agree- ment in 1965, pollution and ecological imbalance were not con- sidered serious problems in Orange County. They are now, and therefore it is felt that technical studies should be made to in- sure that the proposed Land Exchange will result in the best pos- sible design of the Bay to avoid pollution and ecological imbalance. There is general agreement that only one "Plan" for the ex- change of tidelands with The Irvine Company has ever been con- sidered by the parties to the Agreement. There have been modi- fications made to the basic "Plan." However, these modifica- tions primarily were related to uplands or park lands subse- quently asked for by the County, rather than alternate arrange- ments of filled tidelands which would have suggested varying percentages of waterfront or access for the public and The Irvine Company. The Grand Jury feels that there are many opportunities available to the County to fill in these tidelands now held in trust, which would provide more public waterfront and access. Although a case may be made for the statement that the County does not have money to develop these tidelands now, this in no way means that future development is impossible. This Grand Jury, rather than suggesting any one plan, wishes to point out that there are limitless ways of conserving waterfront and access for public use. It is felt that the Board of Super- visors, as trustees of the tidelands, should consider as many alternatives as possible. This Grand Jury is aware that the 1966 State Lands Co-,=is- sion did not approve the Upper Bay Trade stating as one of its reasons the lack of any alternate "Plan." In spite of this, the same Exchange Agreement was taken before the 1967 State Lands Commission with no attempt to develop an alternate "Plan," yet it was approved. The Grand Jury has some questions concerning the Amendment of November of 1968, to the original Agreement of January, 1965. A basic requirement in the original Agreement was that the "Depart- ment of the Army" define the Harbor Lines. This requirement was 2. r 1969 GRAND JURY PRESS RELEASE July 17, 1969 changed in the Amendment to read, "appropriate governmental agencies." The significance of the Amendment is that by chang- ing the basic requirement (or rules of the game) The Irvine Company and the County agreed that neither could withdraw from the Trade. (The Irvine Company's request to withdraw in October, 1968 was based on the fact that that basic requirement had not been fulfilled. By changing the one requirement that had not been fulfilled, the Agreement would bind both sides to the Trade.) Why the basic requirement was changed has not been answered to this Grand Jury's satisfaction. If it was impor- tant to have the Department of the Army define the Harbor Lines in 1965, what changed to make it no.longer necessary? If the change was felt necessary to clarify whether or not the Agree- ment was bindin on both parties, there is a question as to why the vague term appropriate governmental agencies" was substi- tuted for the precise "Department of the Army." This Grand Jury notes that both The Irvine Company and the County have voiced concern over the loss of time and money due to present litigation on the Land Exchange. In no wa does this Grand Jury wish to pass judgment on matters befor Court. However, it would like to suggest that should the public be pro- vided more waterfront and access to the tidelands which the County holds in trust, some of the objections of the Interveners would be eliminated. The Grand Jury feels that further efforts should include an engineering and economic feasibility study of the proposed main public beach area. It also feels that there should be (1) a cost study of the filling of some County -held tidelands and /or purchase of small areas of Irvine land adjacent to tidelands; (2) methods of financing the Harbor development. As far as this Grand Jury can discover, such studies have not been made. Additional studies will mean the expenditure of public funds but this Grand Jury feels that the Upper Bay, as a natural resource, is so important that the alternative of waiting to make these studies until after the Exchange is consummated is ill advised. One of the prime reasons for this Resolution is the Grand Jury's concern that the public is not aware of what it now owns in terms of unfilled tidelands, what development possibilities exist, and what it will own and /or lose should the present Land Exchange be consum- mated. 3. 7969 GRAND JURY PRESS RELEASE July 17, 1969 ADDITIONAL POINTS: In answer to the possible comment that neither the County nor The Irvine Company can withdraw from the Agreement at this time, it must be stated that if an alternate "Plan" could be developed which would facilitate a more rapid consuRmatiom of the Tidelands Exchange, both sides might agree to withdraw and re- negotiate. In answer to the argument that it will take too much time to develop an alternate Plan" for the exchange of the public tidelands, this Grand Jury would answer that it feels it is better for the County to retain control of as much waterfront and access as possible, even though the County -held lands might not be developed until some future time when adequate funding can be.arranged. Finally, this Grand Jury feels that the cost of further studies would be justified to determine the best possible use of the tidelands which the County holds in trust for all the people in the County of Orange. WDM•rl Enclosure William D. Martin, Foreman 4. October 7, 1969 TO: City Manager FROM: Harbor and Tidelands Administrator SUBJECT: Upper Bay Land Exchange ENCLOSURE: Material from Mr. Frank Robinson Mr. Frank Robinson has delivered the enclosed material to me with a request that it be transmitted to the Councilmen for their information only. I have read the material and I suggest that you commence reading on Page 10 before reading the details presented in the first part of Mr. Robinson 's paper. GMD /db cc: Councilman Gruber. Councilman Hirth Councilman McInnis Councilman Rogers Councilman Shelton Mayor Doreen Marshall vice Mayor Parsons Public Works Director Planning Director Parks, $eaches & Recreation Directo: i IS THE UPPER NEWPORT BAY TIDELANDS EXCHANGE REALLY A PUBLIC BENEFIT? It is alleged in the appraisal used for this trade that the ex. change of 157 acres of County owned tidelands (appraised at $11 million) for 450 acres of Ir- vine uplands and islands (ap- praised at $19 'million) will re- sult in a public benefit of $8 million. What are the real facts concern- ing these properties? FLOOO CONTROL HARBOR CHANNEL LINES•4 County owned tidelands and assement on patent lands which will be transferred to the Irvine Company. � Irvine waterfront after the trade.. -w� County waterfront after the trade. High Tide Lines North Star L one FLOOO CONTROL CHANNEL NtPOb, V 000- _C UTURE FLOOO CONTROL CHANNEA,,",, "FACTI ONLY 54 ACRES (13% OF THE 450 ACRES). MARKED�� AP- PRAISED AT $272.000.00. REMAIN AS Bluff FACT! THE APPRAISAL EVALUATES THE TIDELANDS PRIOR TO THEIR BEING Line FILLED TO i" ABOVE MEAN HIGH TIDE.ANACTION TO BE PERFORMED BY THE COUNTY AT COUNTY EX- PENSE BEFORE THE TIDELANDS LEGALLY MAY BE TRANSFERRED.. BAYSIOE OR. `FACT! OF THE 450 ACRES WHICH THE COUNTY RECEIVES. 276ACRES (60 %) BAYSIOE OR. MARKED. -. APPRAISED AT f- -- $14 MILLION. MUST BE REMOVED / BY DREDGING AS A CONDITION OF THE TRADE. WATERFRONT AND WILL HAVE A 'FACTI 120 ACRES (27 %) OUT OF THE 450 ACRES. MARKED CE3= AP- VALUE. AFTER THE REQUIRED PRAISED AT $5 MILLION. HAVE LITTLE OR NO FRONTAGE ON THE FILLING. OF A MINIMUM OF $100 BAY. UTURE FLOOO CONTROL CHANNEA,,",, "FACTI ONLY 54 ACRES (13% OF THE 450 ACRES). MARKED�� AP- PRAISED AT $272.000.00. REMAIN AS Bluff OOVER PUBLIC LANDS ACTUALLY ABUTT- Line ING. THE WATER. SNORES BAYSIOE OR. *FACTI ALL 157 ACRES WHICH THE COUNTY NEW NARBJR IS DEEDING. TO THE IRVINE CORPOR- f- -- LINES ATION WILL REMAIN AS PRIME WATERFRONT AND WILL HAVE A VALUE. AFTER THE REQUIRED FILLING. OF A MINIMUM OF $100 THE UNES MILLION. AYSIOE 47. VILLAGE X470 UPPER NEWPORT BAY OEFENSE FUNO IQ P.O. Box 4030. Irvine Station. COAST HIGHWAY �� Newport Beach. Calif. 92664 Upper Newport Day Defense t—unJ POST OFFICE BOX 4030, . IRVINE. STATION • NEWPORT BEACH, CALIFORNIA, 92664 (71..4) 525.1.371 (714)833.1348 (714) 646 -8009 CHAIRMAN Dr. James L. McGaugh TREASURER STATEMENT OF PURPOSE Ann Colman SPONSORS rMrs. Mr. & Mrs. Don Barton UPPER NEWPORT BAY DEFENSE FUND is a volunteer effort b citizens who sup- Y John ..Johnson port legal action to retain the public tidelands of Upper Newport Bay in the public domain. This Dr. & Mrs. Charles Greening Mr. &Mrs. John Kelley case is critical) important with regard to the statewide problems of tideland trusts. Y P 9 P George Kuyper Robert Kausen The proposed tidelands trade between the Irvine Company and Orange County which would Mrs. Weston Walker forfeit the Upper Bay to predominant private benefit and demolish its irreplaceable resources is Fern Zimmerman Dr. & Mrs. Richard Ball being challenged through a Complaint in Intervention entered in behalf of six citizens by Attor- Ellen Stern Harris Evelyn Gayman ney Ralph Perry. This Complaint, which we endorse, questions: Mr. & Mrs. Kenneth Croker Dr. Richard Vogl 1) Approval of the trade by the State Lands Commission despite the California State Con - Rodney Johnson stitution which assures public access. to Our shore and prohibits the sale or grant of any public E Ina Bakker Dr. Mildred Mathias tidelands lying . within two miles Of an Incorporated city. Dr. Boyd Walker Mr &Mrs.Wendell Stanley,Jr. 2) The constitutionality of the Enabling legislation authorizing the exchange which un- Allan Beek Isabel Andrews Pease lawfully delegates to the State Lands Commission authority properly exercised by the L eglSla- BarbaraEastman ture and which operates in favor of a single party: i.e., the Irvine Company. Mary E. Burton Dr. Peter Dixon Paul W. Colbum 3) The alleged public benefit of a. trade which would transfer 157 acres of filled County - Mr. &Mrs. William L. Stabler owned tidelands to the Irvine Company,. resulting In Irvine ownership of almost seven miles of Gary Rogers Dr. Charles Jenner prime waterfront along newly created harbor lines, while providing three miles or less of margi- T. Duncan Stewart Mr. & Mrs. George Fried). Jr. nal waterfront for the public. P 4) The value of 450 acres of private lands to be received by the public, 276 of which will be under 10 feet of water and 12D acres Of which will not abut the bay directly, leaving only 54 acres out of the 450 acres as actual waterfront property. (Note that all of the 157 acres of filled County Tidelands to be transferred to the Irvine Company.are waterfront property.) 5) The appraisal, used to justify the trade, which Is based on numerous erroneous as- sumptions, including evaluating the properties to be exchanged in terms Of acreage rather than waterfrontage — the single most important criterion for establishing a value for waterfront pro- perty. Based on waterfrontage, there will be an advantage to the Irvine Company of approxima- tely $100 million through this trade, rather than an advantage of $8 million to the County. 6) The agreement to enter into the exchange of County tidelands for Irvine uplands with- out any plan for the bay development's being formalized and presented for public scrutiny, a matter of great concern to property owners in the Lower Bay, as well as to the general public. 7) Disregard for prior recommendations of the staff of the State Lands Commission, for the report by Livingston and Ellayney (planners retained by the State Lands Commission), and for studies by the staff Of the Joint Legislative Committee on Public Domain, all Of which re- jected the alleged public benefit of the trade. 8) Approval by the State Lands Commission of the trade, without any real change in the underlying facts, one year after the identical proposal was denied by the previous Commission. 9) Disregard for the irreplaceable values of Southern California's last substantial es- tuarine environment and the birthright of thousands of fish, shellfish, shorebirds and waterfowl. h 7 Hopefully, the action of the six Interveners wlffi;�ribute to a decision which will Pro- tect our many tideland trusteeships throughout California from such destructive trades, even if this case must be taken to the California St"Ins Court. So urgent is the need, statewide, to safeguard our public tideland trusts that the Executive Committee of the Sierra Club has authorized Mr. Perry to intervene in this action on their behalf. Rejection of the exchange by the courts will offer a magnificent opportunity to develop a plan based on realizing, aesthetically, the full potential of Upper Newport Bay as a model of marine recreation and conservation, and which will accommodate the varied Public interests. We invite your financial participation in our endeavor to guarantee that this last great un- developed bay on the Southern California coast will be preserved in the public trust in perpetu- ity for the enjoyment of the generations to come. We believe this to be the intent of the tideland trusts. Contributions will be used to defray costs of legal fees incurred by the six Interveners. We welcome all donations, in any amount; in cash, or by check made payable to UPPER NEW- PORT BAY DEFENSE FUND,P.O. Box 4030, Irvine Station, Newport Beach, Calif. 92664. Your sharing this statement of purpose with others will enable us to contact more people, at less cost. Your help is much needed and greatly appreciated. For further information, please call (714) 525 -1371, 833 - .1348, or 646 -8009. Dr. James L. McGeugh Ch ai rm an UPPER NEWPORT BAY DEFENSE FUND P.S. The ORANGE COUNTY GRAND JURY, on July 16, 1969, passed a Resolution enumera- ting several reasons why the Land Exchange Agreement should be reconsidered. The Grand Jury press release stated, "One of the prime reasons for this Resolution Is the Grand Jury's concern that the public is not aware of what it m terms of unfilled tide /ends, what development possibilities exist, and what it will own o/ r lose should the present Land Exchange be consumated." The unprecedented Resolution by the Grand Jury seems to us to indicate the urgency of supporting the citizens (Frank and Frances Robinson and Harold and Joan Coverdate of Newport Beach and Wesley and 'Judith Marx of Irvine) who have intervened in the suit. UPPER NEWPORT BAY DEFENSE FUND, P.O. Box 4030, Irvine Station, Newport Beach, Calif. 92664 ❑ 1 want to help retain the public tidelands of Upper Newport Bay. My gift of $ is enclosed. ❑ 1 cannot make a donation today, but i will pledge $ to be paid by 1969. ❑ I will be glad to distribute copies of this material to people I think might be interested Name Address `/ t- `2i OFFICE OF TIIE ASSESSOR May 19, 1969 Honorable Board of Supervisors. Administration Building, Room 605 515 North Sycamore Santa Ana, California Gentlemen: ANDRUI J. VIMSNf.Y1 COUNTY ASSESSOR TELEPHONE: 634 -2727 AREA CODE i14 630 NORTH BROADWAY P. O. B6X 149 SANTA ANA. CALIFORNIA 92702 I think it appropriate to review the agenda item which is presently before you, i.e. the cancellation of property taxes on certain prop- erties currently assessed to The Irvine Company. These are the properties which are involved in the land trade between the County of Orange and The Irvine Company, more commonly referred to as the Upper Newport Bay Land Exchange. It is a matter of public record that I first became aware of the plan to provide The Irvine Company with relief from its obligation to pay property taxes on its lands involved in this proposed land trade in January, 1968. My reaction to this tax relief proposal was stated in a letter to the Board. of Supervisors, dated January 30, 1968. That letter de- clared as follows: "A copy of County Counsel's letter to you of January 18, 1968 regarding the.Upper Newport Bay Land Exchange, was furnishecl me for my information. "Seri.ous. questions arise in my mind as to the legal situations which would. be created if the proposed Amendment to Agreement is consummated. The Assessor's responsibility in this matter could be resolved only by a legal adjudication of the questions flowing from this Amendment . to Agreement." On October 8, 1968, the proposed Amendment was offered to the Board of''Supervisors in modified form with the expressed justification that lower dredging costs would ensue if the proposed Amendment was rati- fied by the County. This modified proposal was rejected by the Board of Supervisors. 6 Board of Supervisors May 19, 1969 Page 2 The following day, October 9, 1968, the SoaYd of Supervisors moved to reopen and to rehear the rejected Amendment proposal at its October 15, 1968 meeting. On October 14, 1968, 'I wrote the Board of Supervisors as follows: "I have reviewed the Amendment to Agreement presently scheduled on your agenda on Tuesday, October 15, 1968. "This agreement is similar in intent to an agreement considered by you earlier this year. "On January 30, 1968, 'I wrote you a letter (copy attached) that „that proposition had serious legal implications for the Assessor'.s Office. "The Amendment to Agreement now before you has not extinguished those legal implications affecting my office. Those questions of a legal nature include three (3) items which warrant your attention: "1. It would be legally improper to permit cancellation of current taxes levied on these properties.for the follow- ing reasons: "a) The Irvine Company, by nature of the Amendment to Agreement, would still have an element of title to the properties "conveyed” to the County because of its reversionary interest, and b) Therefore, The Irvine Company would be liable for, as a minimum, a tax on their possessory interest on the subject properties. "2. The Amendment to Agreement on page 5 contemplates a formula for setting tax amounts for the years in which the "title" to the subject lands would vest in the County'. This formula grossly misstates the probable assessed values and probable tax dollars. "Both you as a Board of Supervisors, and The Irvine Company, ..have been.advised several times that we are embarked upon a six -year reappraisal program. The properties to be consid- ered by you on Tuesday are included in that six -year re- appraisal program scheduled for completion in 1970 -71. "For your information, the approximate assessed values for the lands in question for each of the years 1965 through 1968 have been as follows: 1965 - $ 65,000 1967 - $ 630,000 1966 - $100,00 -0 1968 - $1,535,000 Board of Supervisors May 19, 1969 Page 3 "Our 1968 valuation is based upon an estiiaated market value of approximately $42,000 per acre.. I estimate that at the com- pletion of our six -year reappraisal program these properties, would be valued at a minimum of the approximately $100,000 per acre which is used as the valuation basis (in the so- called Evans Appraisal of September 15, 1965) for the trade of the Orange County lands for Irvine Company lands. "This would indicate that as a minimum, the 1970 -71 market , value would be'$2,5 00,000; therefore, you can readily see the "tax formula" on page 5 of the Amendment to Agreement grossly understates the tax liability which would be incurred by The Irvine Company during the next several years. "3. It is my belief at this time that the Assessor's Office must have a clear expression from the courts before it could agree to any cancellation or proration of current taxes levied on this property, as well as a clear statement from the court as, to the removal of the properties from the assessment roll in whole or in past." The Board of Supervisors took the proposed Amendment to the trade agreement off calendar at its October 15, 1968 meeting. On October. 23, 1968, The Irvine Company declared its desire to with - draw completely from the proposed trade, citing as its essential reason for such intended withdrawal, ..increasing and excessive holding costs imposed by the County which will be compounded by the now apparent delays to the extent that it is economically unfeasible for the company to continue to hold the property in an undeveloped state." This request to terminate the proposed trade by The Irvine Company resulted in a resolution on Noveraber 12,. 1968 by the Board of Suoer.- visors on a 4 to 1 vote to accept the Amendment terms proposed by The Irvine Company. The next series of actions in this complicated transaction were: a) Two corporation Grant Deeds were filed in the Orange County Recorder's Office which are intended to carry out the plan approved by the County to provide The Irvine Company with relief from property taxes on those lands involved in the land trade. These deeds are recorded in Book 8885, pages 409 -415 and '. Book 8886, pages 947 -949. They are approved as to descrip- tion and content by the Director of the Orange County Harbor District. They have been accepted on behalf of the County of Orange by the Department of.Real Property Serivices. Board of Supervisors May 1.9, 1969 Page 4 b) On March 24, 1969 the Department of Real Property Services' initiated a request for cancellation of taxes for the properties described in the deeds referred to above. c) On March 26, 1969 these requests for tax cancellations were referred to the Assessor's Office for routine checking and verification. On May 13, 1969 T wrote Mr. Kuyper, Orange County Counsel as follows: "I am returning the forms initiated by the Department' of Real Property Services requesting the cancellation of property taxes on those certain Irvine.Company prop- erties involved in the Upper Newport Bay Land Exchange which, as a matter_of routine, were referred to my office. "On January 30, 1968 and again on October 14, 1968, I wrote to the Board of Supervisors stating that cancella- tion of property tares on these Irvine Company owned lands would be improper, copies of which are attached. "My views regarding this matter have not changed and I again emphasize them by stating that it is the firm con- viction of the Assessor's Office that The Irvine Company continues to have an assessable (and thus taxable) interest in the properties which are the subject of the deeds re- ferred to in the attachments returned to you with this letter. > "It should be pointed out that the. deeds referred to above contain conditions subsequent and therefore do not, in my opinion, convey the fee simple absolute title necessary to permit cancellation of property taxes on these prop- erties. "Sincerely, "ARDREW J. HINSHAW, County Assessor" For your information, the Assessor's Mapping Section receives copies of all recorded deed transactions affecting properties in Orange County. In conformity with the professional standards prevailing throughout the State of California the Mapping Section checks and verifies the information contained in those documents received by this Section of the.Assessor''s Of'fi.ce. This checking proceeture in- cludes references to official surveys of record. When copies of the deeds involved in the proposed land exchange. routinely reached our Mapping Section, the legal descriptions were Board of Supervisors May 3.9, 1969p Page 5 plotted so as to see what properties they included. The report sub- mitted to me by my Mapping Section showed among other things that primary problems still confront the Mapping Section. They are: 1) This Section has no evidence of a recorded document describing the land parcels involved in the proposed land exchange between The Irvine Company and the County o�:Orange as shown on the map, Exhibit D (1 -4 -65) in the appraisal made for the County by Bernard G. Evans and submitted to the Orange County Harbor District on September 15, 1965. 2) The bearings and distances used on the tractional Town- ship No..6 South, Range No. 10 West, San Bernardino Base and Meridian, as surveyed by the United States Surveyor General and recorded on June 30, 1890 for Lot 2, Section 26, Township 6S, Range 1019 does not "close ". All subsequent maps for this sectional. lot (which is now referred to as Parcel 102 in the Upper Newport Bay'Land Exchange) refer back to and are based on this original United States Government Surveyors map and apparently have continued what appears to be a defect in the original survey of 1890. 3) Parcel 114 as shown on the Exhibit D map of the Evans Appraisal as containing 59 acres of unimproved uplands appears to have been drawn on the 60 foot contour.. This does not provide for a sufficient description for a determination, of exactly what land is included in this Parcel 114. 4) The Parcel 5 described in the deed recorded in Book 8885, page 409 from The Irvine Company to the County of Orange, which is apparently intended to be the same as the Parcel 13.4 as shown on the Exhibit D map of the Evans Appraisal., used a metes and bounds description and is computed to contain 59.66 acres and thus does not conform precisely to Parcel 114 as shown on the Exhibit- D map in the Evans Appraisal which parcel shows an acreage of 59 acres.' 5). Parcel 115 as showm on Exhibit D map in the Evans Appraisal as containing 60.6 acres does not have a precise description. The Parcel`4 described in Book 8885, page 409 which is apparently intended to be the same as Parcel 115 as shown in the Evans Appraisal used a metes and bounds description and is computed to be 56.5 acres - not the 60.6 acres as shown in the Evans Appraisal. 6) The Parcel 1 described in the deed recorded in Dook 8885, page 409 is confusing in that-it does not refer to Record Sur- vey 89 -1 from which an adjusted bearing apparently was taken. It is further confusing in that it makes no mention of Superior Court Case No.,20436 in the County of Orange between The Irvine Company and The County of Orange but is an adjusted line that Board of Supervisors May 19, 1969 Page 6 ties only to Tract 4227. My Mapping Section has suggested, in order to eliminate the con- fusion between lines drac.,ii on paper and those physically in existence on the ground, that we should request the County Surveyor to survey all the land parcels involved in the Upper Newport Bay Land Ex- change and to record that survey. I also wish to apprise you of a few of the questions which have arisen in the Assessor's Office as a result of the Amendment to the land exchange agreement and the corporation grant deeds previously referred to. They are as follows: l) What is the nature of the "consideration" stated in the deeds that the County of Orange gave to The Irvine Company in return for whatever rights the County received as a result of the execution of the deeds in question? 2) What is the nature and extent of the property rights described in these deeds which The Irvine Company has retained for itself in the event there is no culmination of the proposed exchange? 3) To what extent has The Irvine Company relinquished all of the custody, occupancy, controls and possession it has exer- cised over these lands? 4) To what extent does the orange County Harbor District and /or the County of Orange now assert itself as a. result of these deeds in the exercise of the complete custody, occupancy, controls and possession consonant with fee simple absolute title? 5) What are the precise legal descriptions of both the per- imeter of the Upper Bay and all of. the land parcels involved in the land exchange? It. is the opinion of the Assessor's Office that until the above questions have been resolved by a competent court, this Office is unable to proceed in any segregation of the assessed valuations. Further, that to order the Assessor's Office to proceed without definitive information as to the location and ownership of all the property rights presently involved in this natter would be asking this Office to assist in developing the mechanics ultimately leading to a gift of public money. This I cannot do. Board o Supervisors May 19, 1969 Page 7 We believe the recitations contained in the Amendment to the land exchange plan and the language contained in the deeds previously referred to have created a situation whereby the County of Orange not only has acquired some yet -to -be defined property rights in The Irvine Company lands but that the Irvine Company has, in return, acquired some yet -to -be defined use and control over the lands the County of Orange holds in trust for the people of the State of California. The deeds previously referred to purportedly transfer title of certain lands from The Irvine Company to the County of Orange. The legal descriptions in these deeds inc]_ude.lands which the County of Orange already owns. Stated another way, it would appear The Irvine Company seeks to convey interests in lands it does not own to the County of Orange, and which lands the County holds in trust for the people of the State of California. Thus, it would appear not only has The Irvine Company,caused a slander of title of those lands the County of Orange holds in trust for the People of the State of California, but also The Irvine Company has breached the warranty of its own lands described in the deeds pre- viously referred to and which warranty is necessary if passage of "title" is to be effective. In view of the foregoing, the Assessor's Office, with respect to the 1969 assessment roll currently in preparation, intends to proceed as follows in this matter: 1) Ownership of all the property rights in and to all the lands involved in the Upper Newport Bay Land Exchange have become so clouded, in the opinion of the Assessor's Office, that it is the intention of this Office to assess all these lands to The Irvine Company and to the County of Orange as co- assessees for the 1969 -70 assessment roll. 2) This assessment will be on the same basis of valuation and with the same justifications relative to,this proposed land exchange as are contained in all of the pertinent docu- ments developed by The Irvine Company, the Orange County Harbor District, the County of Orange, and the State Lands Commission. It also is my intention to request the County Surveyor.to sur- vey all of .these lands so as to provide a reliable and accurate description of the entire Upper Bay, which currently is not available from any one single survey of -the subject propert:i.es. Sincerely, ANDFC J. hTN FiAS7, County Assessor AJFi : g f FRO:, Ti{E O. F1 CE. Oi Os.ns! , -- cooi:E•; nsrl_ssor: j1CK!ii'128, 17- INAN(lf- BUILDING .63Q NOKI -11 BPOAD';lAY, SANTA ANA, CALIFORNIA 92702 GARY N. COTTRELL, ASSISTANT CHIEF DEPUTY 834 -2736 NARl.'1A VALUE OF COUNTY TOPS 13.5 BILLION '1 4 FOR IMMEDIATE RELEASE TOTAL MARKET VALUE OF PROPERTY IN ORANGE COUNTY CLIMBED TO $13.5 BILLION FOR THE 1969 -70 ASSESSMENT YEAR, COUNTY ASSESSOR ANDREW J. HINSHAW REPORTED TODAY. HINSHAW REPORTED AN ASSESSED VALUE OF $3,283,918,223, WHICH REPRESENTS AN INCREASE OF $349,505,553 OVER LAST YEAR'S COMPARABLE FIGURE OF $2,934,412,670 OR 11.9 PERCENT, AFTER ALLOWING FOR A REDUCTION OF $43,074,440 IN ASSESSED VALUE OF HOUSEHOLD PERSONAL PROPERTY, AND NON— REIMBURSABLE EXEMPTIONS. THE BREAKDOWN OF VALUES IS AS FOLLOWS: ASSESSED VALUATIONS '(NOT INCLUDING PUBLIC UTILITY) CATEGORY 1968 -69 .LAND $10084,002,510 IMPROVEMENTS PERSONAL PROPERTY GROSS: 11630,846,490 04.282.270 1969 -70 $11222,166,976 1,760,960,300 4.1191-SIRN Mo. $ INCREASE $138, 164,'t66 130/113,810 82,548,810 $3,019,131,270 $3,369,958,356 $350,827;086 % IN- CREASE 12.7 8.0 27.1 11.6 ' LESS:EXEMPTIONS - (84,718 600) - (86,040,133) a_(1,321_,531) (1.6) NET ASSESSED VALUE $2,934,412,670 $3,283,918,223 $349,505,553 11.9 THE 11.9 PERCENT INCREASE IN ASSESSED VALUES FOR THE CURRENT ROLL YEAR COMPARES WITH 8.6 PERCENT INCREASE RECORDED IN 1968 -69 OVER THE PREVIOUS YEAR- THE INCREASE IN VALUE IS ATTRIBUTABLE TO THESE MAJOR FACTORS: (1) INCREASE IN NEW CONSTRUCTION, _PARTICULARLY IN THE SOUTHERN PART OF THE COUNTY (2) POSE AUDIT PROGRAM WHICH HAS RESULTED•IN A SIGNIFICANT NUMBER OF ESCAPED ASSESS- MENTS (3) INCREASE IN EQUIPMENT AND INVENTORY VALUATIONS AND (4) REVALUATIO`! Of COMMERCIAL AND INDUSTRIAL PROPERTIES AS WELL AS TRANSITIONAL LAND IN THE COUNTY. VALUE NOTICE POSTCARDS WERE MAILED TO EACH TAXPAYER IN ORANGE CO +UNTY, ON JULY 8. THESE POSTCARDS PROVIDE EACH TAXPAYER WITH INFORMATION CONCERNING THE VALUATION OF HIS PROPERTY. "TAXPAYERS WHO MAY HAVE A QUESTION CONCERNING THE APPRAISAL OF THEIR PROPERTY ARE ENCOURAGED TO CONTACT OUR OFFICE BY .LN .PERSON IPLMEDIATEI,Y" SAID HINSHAW. THE "hSSESSOR'S OFFICE IS LOCATE LL . BROADtdAd SAr,TA,wTA. TEL • s Ci ANAHEIM BREA BUENA PART: COSTA MESA CYPRESS FOUNTAIN VALLEY FULLERTON GARDEN GROVE VALUATIONS FOR CITIES AND SCHOOL DISTRICTS CITIES (LOCAL SECURED AND UNSECURED ONLY) 22,736,196 Adjusted for Loss of Household Personal Property 3,109,131 6.4 Dollar. 1968 -69 1969 -70 Increase 14,542,650 16,596,1,40 $ 378,605,540 $ 418,332,087 $ 39,726,547 38,066,520 42,164,820 4,098,300 117,569,950 129,306,320 11,736,370 143,292,850 153,916,749 10,623,899 36,897,710 - 47,999,345 11,101,635 49,837,420 56,709,507 6,872,087 201,577;340 234,609,504 33,032,164 172,201,940 184,488,157 121286,217 HUNTINGTON BEACH LAGUNA BEACH LA HABRA LA PAL14A LOS ALAMITOS NEWPORT BEACH ORANGE PLACENTIA SAN CLEMENTE SAN JUAN CAPISTRANO SANTA ANA SEAL BEACH STANTON TUSTIN VILLA PARK WESTMINSTER YORBA LINDA SUBTOTAL UNINC. AREA GRAND -TOTAL Percent Increase 10.5 10.8 10.0 7.4 30.1 13.8 16.4 7.1 232,588,910 255,325,106 22,736,196 9.8 48,805,540 51,914,,671 3,109,131 6.4 68,444,440 75,130,683 61686,243. 9.8 14,542,650 16,596,1,40 2,053,490 14.1 16,350,950 18,280,180 1,929,230 11.8 218,164,190 253,279,404 35,115,214 16.1 .134,740,770 149,332,259 141591,489 10.8 33,623,760 37,573,249 3,949,489 11.7 43,417,230 45,783,158 2,365,928 5.4 12,624,990 14,993,670 2,368,680 18.8 286,474,540 312,890,049 26,415,509 9.2 59,169,910 64,126,080 41956,170 8.4 26,672,690 27,847,796 1,175,106 4.4 30,706,200 40,390,757 9,654,557 31.5 5,538,730 7,627,910 2,089,180 37.7' 75,427,990 841572,303 9,144,313 12.1 19,825,590 23,149,920 3,324,330 16.8 $2,465,168,350 $2,746,339,824 $281,171,474 11.4 469_L244, L2.0 537,578,399 68,334,079 1.4.6 $2,934,412,670 $3,283,918,223 $349,505,553 11.9 law ELEMENTARY SCHOOL DISTRICTS (TOTAL LOCAL SECURED AND UNSECURED, EXCLUDING PUBLIC UTILITY).. *Not Adjusted for Loss of Household Personal Property DOLLAR PERCENT DISTRICT *1968 -69 1969 -70 INCREASE INCREASF,I ANAHEIM BUENA PART: CENTRALIA CYPRESS FOUNTAIN VALLEY FULLERTON HUNTINGTON BEACH LA_HABRA LOS ALAMITOS LOWELL JOINT MAGNOLIA OCEAN VIEW SAN JOAQUIN SAVANNA SEAL BEACH TRABUCO TUSTIN WESTMINS^1ER YORBA LINDA $287,437,660 74,765,180 61,577,350 46,44.8,860- 53,499,300 189,113,030 105,872,130 70,598,290 52,549,130 23,152,910 51,991,300 104,450,300 114,086,560 19,267,100 54,246,400 1,325,780 114,542,000 88,510,820 22,169,090 $307,918,418 85,485,460 65,363,299 54,223,525 59,234,950 217,110,584 111,952,764 75,222,393 57,205,030 25,045,100 53,754,326 116,220,402 146,1401760 20,086',790 54,141,320 1,610,060 131,832,677 94,882,903 23,011,900 $20,480,758 10,720,280 2,785,949 7,774,665 5,735,650 27,997,554 6,080,634 4,624,103 4,655,900 1,892,190 1,763,026 11,770,102 32,054,200 819,690 (?05,080) 284,280 17,290,677 6,372,083 842,810 7.1 14.3 4.5 16.7 10.7 14.8 5.7 6.5 8.9 8.2 3.4 11.3 28.1 4.2 (.2) 21.4 15.1 7.2 3.6 HIGH SCHOOL DISTRICTS „ (TOTAL LOCAL SECURED AND UNSECURED, EXCLUDING PUBLIC UTILITY) *Not Adjusted for Loss of Household Personal Property DOLLAR PERCENT DISTRICTS *1968 -69 1969 -70 INCREASE INCREASE ANAHEIM $519,271,400 $557,551,388 $ 381,279,988 7.4 FULLERTON 379,798,500 425,875,437 46,076,937 12.1 HUNTINGTON BEACH 406,578,950 436,432,339 29,8.53,389 7.3 TUSTIN 229,954,340 279,583,497 - 49,629,157. 21.6 a -• UNIFIED SCHOOL DISTRICTS (TOTAL LOCAL SECURED AND UNSECURED, EXCLUDING PUBLIC UTILITY) *Not Adjusted for Loss of Household Personal Property . DOLLAR PERCENT DISTRICT *1968 -69 1969 -70 INCREASE INCREASE BREA - OLINDA CAPISTRANO GARDEN GROVE LACUNA BEACH NEWPORT -MESA ORANGE PLACENTIA SANTA ANA $ 62,044,280 110,245,490 253,091,860 74,539,780 375,215,920 189,599,880 114,568,870 261,670,170 $ 65,357,960 125,301,888 267,760,004 '78,032,846 413,414,203 210,308,593 1301482,979 293,817,949 $ 3,313,680 15,056,398 14,668,144 3,493,066 38,198,283 20,708,713 .15,914,109 32,147,779 5.3 13.7 5.8 4.9 10.2 10.9 13.9 12.3 JUNIOR COLLEGES (TOTAL LOCAL SECURED AND UNSECURED, EXCLUDING PUBLIC UTILITY) *Not Adjusted for Loss of Household Personal Property DOLLAR PERCENT DISTRICT *1968 -69 1969 -70 INCREASE INCREASE NORTH ORANGE $1,075,683,050 $1,179,267,764 $103,584,714 9.6 ORANGE COAST 781,794,870 848,990,722 67,195,852 8.6 SADDLEBACK 397,174,120 483,774,051 86,599,93.1 21.8 SANTA ANA 261,670,170 293,817,949 32,147,779 12.3 IS THE UPPER NEWPORT BAY TIDELANDS wEXCHANGE REALLY A PUBLIC BENEFIT? ,.[ FLOOD CONTROL CHANNEL It is alleged in the appraisal used for this trade that the ex. change of 157 acres of County owned tidelands (appraised at '$11 million) for .450 acres of Ir• vine uplands and islands (ap• praised at S19 million) will're- sult in a public benefit of $8 million. .: What are the real facts concern- ing these .properties? `\ FLOOD CONTROL CONTROL CHANNEL; County owned tidelands and patent lands which will be trans- tarred to the Irvine Company, Irvine waterfront after the trade. County waterfront after the trade, High Tide Line_ 14 / G? G01"Ato NEW ��.f, q.'� HARBOR i 'FACTI THE APPRAISAL EVALUATES THE LINES N __ TIDELANDS .PRIOR TO THEIR BEING _ FILLED TO 1" ABOVE MEAN HIGH - TIDE,ANACTION TO BE PERFORMED -BY THE COUNTY AT COUNTY EX- ' PENSE BEFORE THE TIDELANDS - LEGALLY MAY BE TRANSFERRED. •FA'CTI OF THE 450 ACRES WHICH THE " COUNTY RECEIVES, 276ACRES (600 %) BAYSIOE OR. MARKED ®, APPRAISED AT $14 MILLION, MUST BE REMOVED ' - BY DREDGING AS A CONDITION OF THE TRADE. . M1FACTI 120 ACRES (27 %) OUT OF THE 450 ACRES, MARKED AP- PRAISED AT $5 MILLION, HAVE - LITTLE OR NO FRONTAGE ON THE \ - BAY. C4 .. Ny UTURE FLOOD CONTROL CHANNEL "FACTI ONLY 54 ACRES (13% OF THE 450 ACRES), MARKED " -'��": AP. Bluff 4- PRAISED AT $272,000,00, REMAIN AS Line ^i OO'V NG THE LATER ACTUALLY ABUTT- SHORES •FACTI ALL 157 ACRES WHICH THE COUNTY / EW HARBOR IS DEEDING TO THE IRVINE CORPOR- LINES ATION WILL REMAIN AS PRIME WATERFRONT AND WILL HAVE A VALUE., AFTER THE REQUIRED FILLING, OF A MINIMUM OF $100 THE ONES Q� - MILLION. ' BAYSIOE VILLAGE , UPPER NEWPORT BAY DEFENSE FUND COAST p7C,,wgr P.O. Box 4030, Irvine Stellon, Newpart Barren, Ce111. ORW I Hopefully, the action of the six Interveners will contribute to a decision which will pro- tect our many tideland trusteeships throughout California from such destructive trades, even If this case must be taken to the California Supreme Court. So urgent is the need, statewide, to safeguard our public tideland trusts that the Executive Committee of The Sierra Club has authorized Mr. Perry to intervene in this action on their behalf. Rejection of the exchange by the courts will offer a magnificent opportunity to develop a plan based on realizing, aesthetically, the full potential of Upper Newport Bay as a model of marine recreation and conservation, and which will accommodate the varied public Interests. We Invite your financial participation in our endeavor to guarantee that this last great un- developed bay on the Southern California coast will be preserved in the public trust in perpetu- ity for the enjoyment of the generations to come. We believe this to be the intent ofAhe- tideland trusts. Contributions will be used to defray costs of legal fees incurred by the six Interveners. We welcome all donations, in any amount, in cash, or by check made payable to UPPER NEW- PORT BAY DEFENSE FUND, P.O. Box 4030, Irvine Station, Newport Beach, Calif. 92564. Your sharing.this statement of purpose with others will enable us to contact more people, at less cost. Your help Is.much needed and greatly appreciated. For further Information, please call (714) 525.1371, 633 -1345, or 646.6009. Or. James L. McGaugh Chairman UPPER NEWPORT BAY DEFENSE FUND UPPER NEWPORT BAY DEFENSE FUND, P.O. Box 4030, Irvine Station, Newport Beach, Calif. 92660 ❑ 1 want to help retain the public tidelands of Upper Newport Bay. My gift of $ is enclosed. ❑ I cannot make a donation today, but I will pledge $ to be paid by 1969. ❑ I will be glad to distribute Doples of this material to people I think might be Interested Name Address _ Y- ALTERNATIVES TO ELIMINATING DEFICIT RESULTING FROM ASSESSMENT OF UPPER NEWPORT BAY LAND EXCHANGE 1. Ignore discrepancy 2. Reduce Capital Improvements 3. Reduce Operating Budget A- 3 4. Combination of k and 9 5. Borrow from Cash Basis Fund (see attached definition of Cash Basis Fund) 6. Levy Utility Tax 7. Revise Business License Fees 8, Increase Tax Rate: Preliminary Necessary Total Fund Tax Rate Increase Tax Rate General .8092 .0165 .8257 Park and Recreation .1488 .0012 .1500 Library .1190 .0091 .1281 Retirement .1480 .0111 .1591 Total 1.225 .0379 1.2629 W I e�& CASH BASIS FUND The City Council may maintain a revolving fund, to be known as the "Cash Basis Fund ", for the purpose of placing the payment of the running ex- penses of the City on a cash basis. A balance may be built up in this fund from any available sources in an amount which the City Council deems sufficient with which to meet all lawful demands against the City for the first five months, or other necessary period, of the succeeding fiscal year prior to the receipt of ad valorem tax revenues. Transfers may be made by the City Council from such fund to any other fund or funds of such sum or sums as may be required for the purpose of placing such funds, as nearly as possible, on a cash basis. All money so transferred from the Cash Basis Fund shall be returned thereto before the end of the fiscal year. • UPPER BAY LAND EXCHANGE POLICY The Newport.Beach City Council recognizes the great long range recreation and economic value of the Upper Bay development and would like to go on record in support of the Upper Bay land exchange. While it is acknowledged that the Upper Bay development can assume a variety of physical forms, and while financing may be accomplished by various methods, it is felt that the basic elements, of the present plan which has been developed over a fifteen year period are the best that have emerged to date and should be acted on without further delay in order that the people of California and Orange County might take advantage.of this natural asset at.an early date. We might spend another decade developing other plans and have no assurance that they would have any more or less support or opposition than the current plan. The details of development, economics and administration can.be worked out and modified as development takes place.. However, in order to have the opportunity to develop these details and refinements we should move ahead on a basic plan. For the reasons stated, we believe at this time it is in the best interests of the general public and the people of Newport Beach that we support, the land exchange. • Adopted - March 14, 1966 Amended - November 25, 1968 -11 0) W C7 C S U X w O Q J } Q m d 3 W Z K W 0. d tL O F Z W f in N W V) V1 Q <L C7 z_ F J N W F U W O u a) ++ O U N O +� C J U U CD 0) G) A) C L • Ol •� L. 0 O t L L. - *'oo. ++av aro eo t O ++cc o o • r V i N � a) 0 arwa ++ O O O In Ln V C O Y Y U In lD 0) M V' 0)) eo 10 Z 4- M W M.I 0� E U w i C G) ^ N N 1� I 0 0 O O U a) Q. 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' U e0 e� i N F- LlV O) N L e0 L U L C a) lD N m CD 0. J z z p p CITY OF NEWPORT BEACH February 24, 1969 TO: CITY MANAGER FROM: City Harbor Coordinator SUBJECT: NATIONAL ESTUARINE POLLUTION STUDY REFERENCE: CITY MANAGER MFMORANDLM TO MAYOR AND CITY COUNCIL 10 February 1969 ENCLOSURE: DRAFT STATEMENT FOR PUBLIC MEETING OF February 25 -26, 1969 In accordance with Reference A, I attended the public meeting conducted on February 18, 1969 by the California State Water Resources Control Board and the Federal Water Pollution Control Administration in San Francisco. The object of the meeting was to consider socio - economic' ecological, demographic and industrial trends and the application of new technology in our estuaries. It was unfortunate that a hearing on oil pollution problems in the Santa Barbara area was simultaneously scheduled in Sacramento. It is believed that the Sacramento hearing drew off many witnesses who would otherwise have appeared at the San Francisco meeting. As it was, the San Francisco meeting was recessed more than it was in session due, plainly, to lack of witnesses to comment or testify. Those witnesses who did testify were: Congressman Mailliard, 6th District, California who expressed xpr�esse just general interest in the subject and impressed the audience with the importance of the subject. Joseph Bodowicz, Executive Director of the San Francisco Bay Conservation and Development Commiss- ion.' Mr. Bodowicz discussed the organization of .the Commission and the importance in the case of the San Francisco Bay area, of a regional agency composed of all levels of government. Mr. Wri ht, State Department of Fish and Game. Mr! ri t discussed a long -range study that was being conducted by the State Department of Fish and Game. Of particular interest to the City of Newport Beach is that one element of the study is devoted to Upper Newport Bay. I asked Mr. Wright when this element would be available and he stated that it would probably be available in July but that he might be able to furnish me more informa- tion prior to that. I left him my card with a request that he do so. L Page 2 "Mr. Sidney Brooks, Executive Director of the Association Of Monterey Bay Area Governments. Mr. Brooks discussed the role of this organization, which is a voluntary organization, and which is concerned with voluntary efforts to combat pollution in the Monterey Bay area. Dr: John Harville, California State College Marine Laboratory at moss Landing. Dr. Harville is an Ecologist and discussed, in general, the role and importance of estuaries. Mr. Robert Fisher, Director of Marinas and Recreation of The Irvine Company, also attended the hearing. In his case, he attended both days and the evening session of the hearing. Upon his return, he reported that there was no additional testimony of any interest other than what we had already heard. I was disappointed in the meeting for I had hoped to have received some information on the application of new technology and some information on such subjects as marine and boat pollution and pollution surveillance systems. However, I do feel that this meeting was subverted, though un- intentionally, by the meeting in Sacramento and I recommend that I attend the meetings scheduled for 25 and 26 February in Los Angeles. In connection with the meeting on 25 and 26 February, I recommend that the City of.Newport Beach submit a statement to the two agencies cooperating in this study. A draft of the proposed statement is enclosed. GMD:ep enc. CITY OF NEWPORT BEACH STATBEN1' FOR THE PUBLIC MEETING ON WATER QUALITY MANAGEMENT FOR ESTUARIES The City of Newport Beach is a coastal city with a population of 46,000. It hosts approximately seven million visitors a year on its six miles of beaches and its harbor berths approximately nine thousand boats. The City has thus far been fortunate that there are no major pollution problems confronting it at this time. However, the City is interested in keeping its finger on the pollution problem and doing any- thing feasible to maintain high water quality standards or to improve the present standards. In this connection, the City of Newport Beach has long held a stand against the drilling and production of oil off its beaches. The City Charter prohibits the production of oil within the City limits. The City has also been protected by the Cunningham -Shell Act which was enacted in 1955 and provides that the coastline between the Santa Ana River and the Mexican border shall be protected against off -shore drilling. In substance, this Act requires that before any lease can be made by either the State or a local governmental agency for oil development on tidelands within the protected area, the State Lands Commission must review and approve the proposed lease. If approval to drill is granted, it is subject to the requirement that all wells must be slant drilled from an upland location. In March, 1967 an unsuccessful effort was made by the oil inter- ests to have the Legislature repeal the restrictions of the Cunningham - Shell Act. Newport Beach expended considerable effort toward defeat of this attempt. We anticipate that continued strong lobby attempts will be made to repeal or weaken the protection of this Act.. z Page 2 On December 12, 1968 there was a public hearing conducted in Newport Beach by the California State Assembly Committee on Natural Resources Planning and Public Works. During this public hearing, the City of Newport Beach again made known its stand relative to off -shore drilling. Many witnesses appeared at this public hearing, including Mr. Henry W. Wright who represented the Western Oil and Gas Association. Mr. Wright made two points: the first point was that there was basically no danger of pollution in off -shore drilling. When reminded that there had been pollution from off -shore drilling before, he stated that in his opinion that this was due to the negligence of the companies concerned and that modern technology had enough safeguards to preclude any further problems in this regard. He further stated, in response to the Newport Beach position that we did not desire off -shore drilling in the vicinity of Newport Beach, that he did not think that the major oil companies had any real interest in oil in the area of Newport Beach and -he remainder of the area covered in the sanctuary by the Cunningham -Shell Act. It is also notable that amongst those testifying was Capt. A. J. Bush of the U. S. Coast Guard who is Captain of the Port in Los Angeles - Long Beach. Capt. Bush went to great length to explain that there was no present means of containing massive oil pollution of the type that has characterized that off of Santa Barbara. Scarcely two months after the hearing, and despite Mr. Wright's testimony, the disaster occurred at Santa Barbara and, as predicted by Capt. Bush, the massive oil slick was certainly not contained despite the heroic efforts of Lt. George Brown of the U. S. Coast Guard who was the on -scene commander of the efforts to control the situation in the vicinity of Santa Barbara. As if this were S Page 3 not enough, on the 13th of February the City Council discovered that the State Division of Lands of the State of California had granted permission to several oil companies to do some geological exploratory drilling off the shores of Newport Beach, barely over one mile from the harbor entrance. In the light of previous efforts to undermine the Cunningham - Shell Act, the City Council can view these so- called exploratory drillings as nothing but a precursor to commencement of oil production in the sanct- uary now afforded between the Santa Ana River and the Mexican border. The position of the City of Newport Beach is that it is opposed to any new off -shore drilling in the sanctuary provided by the Cunningham - Shell Act. It is further opposed to any drilling in Federal lands off- shore of this sanctuary. In regard to the second part of this position, the Council is convinced that any drilling from adjacent Federal lands will inevitably result in the State subsequently authorizing drilling on its lands rather than see a valuable resource be drained at no profit to the State. The City Council is also of the very strong opinion that pro- ducing oil companies should be required to follow the standards for safety established by the State of California and that these companies should be subject to inspection by the State of California as well as Federal author- ities. This position is based on the fact that the State of California standards are considerably more rigorous than those of the Federal Govern- ment and that those producing companies who have adhered to the State of California regulations have not had the type of problem exemplified by that just off -shore of Santa Barbara. The City is also firmly of the opinion that the oil companies must be required to provide the necessary Page 4 equipment to contain any massive oil pollution and must be required to take the steps necessary to clean up after any incident that would result in pollution. The City of Newport Beach recognizes that oil is an essential commodity. The City is also aware that there are Federal reserves of oil established in pools well inland of our shores and suggests that there should be a vigorous study to determine if the inland oil reserves can be used in the immediate future to serve our petroleum needs and, in lieu thereof, designate our off -shore areas as oil reserves. The disastrous effects of blow -outs on inland wells are significantly localized and the time gained before our reserves have to be tapped can be used to advance the technology of off -shore drilling. While massive oil pollution presents the dramatic problem, as stated previously the City of Newport Beach is greatly concerned about maintaining and enhancing the quality of water within Newport Harbor. There is a plethora of information on socio- economic, ecological and demographic trends. We have heard a great deal about protecting pre- sently undeveloped estuaries. But in Newport Harbor, we are presented with the problem of an already highly developed harbor. We are inter- ested now in such subjects as pollution surveillance systems, technology and equipment for the protection and enhancement of water quality and ideas for the future multiple use of our harbor and other estuarine areas in the immediate vicinity of Newport Beach. We would hope that the National Estuarine Pollution Study would progress beyond general state- ments and would provide detailed operational data for the benefit of those communities who are faced with the same sort of problem that we are. CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: NATIONAL ESTUARINE POLLUTION STUDY 3 011711"Pe 71 i 'rf ;ebruary 10, 19 g The Federal Clean Water Restoration Act of 1966 provided three million dollars for a study of national estuarine areas. The objective was to complete a study and submit it to Congress by 1 November 1969. The study is being con- ducted in cooperation with state agencies; in our case, this would be the. California State Water Resources Control Board. The scope of the study is to consider socio - economic, ecological, demo- graphic and industrial trends and the application of new technology in our estuaries. There will be supplemental studies on such subjects as marine and boat pollution and pollution surveillance systems. The assumptions for this study, in part, are that protection of water quality is essential and that there will be requirements for land use restriction; that there will be pressure for multiple use of estuarines and that there must be a management partnership amongst Federal, state and local agencies. The study will be expressed in terms of trends in 1975, 1985 and in 2000. In Newport Beach and environs, areas which fit the definition of estuar- ine in accordance with the Federal Act, are the Santa Ana River mouth, the slough in Newport Shores, all of our beaches, our lower harbor and the Upper Bay. Specific interests of Newport Beach would be: a. Increasing attention of the State Legislature towards water pollution control; b. The multiple use of Upper Bay, particularly in view of population trends; c. Pollution surveillance and control methods; d. Marine and boat pollution; and e. Input into the Goals and Objectives Committee of all of the above factors. There are two public hearings scheduled in the month of February, both of them being joint endeavors of the California State Water Resources Control Board and the Federal Water Pollution Control Administration.. The first will be in San Francisco on the 18th and 19th of February; `the second will be in Los Angeles on the 25th and 26th of February. The Orange County Harbor District Mayor and City Council Page 2 February 10, 1969 is planning to attend the Los Angeles meeting and is now considering whether or not they should submit a statement relative to the Upper Bay development. With the background of current interest in air pollution and noise control, I can anticipate that the City will ultimately be involved heavily in water pollution control and other estuarine affairs. I feel that there is value in George Dawes.attending the first day of the meeting in San Francisco in order to determine the approach and attitude of the State Board and Federal Pollution Control Administration. We will then be prepared on 24 February to discuss with you the recommended positions to be taken at the hearings in Los Angeles where we can expect considerable local participation. HLH /GM:ep HARVEY L. HURLBURT Y L .... FOR THE NATION'S ESTUARIES ew tT N: I N V I T A T I O N F T PUBLIC MEETINGS ON A / WATER QUALITY MANAGEMENT FOR ESTUARIES As a cooperative endeavor, the California State Water Resources Control Board and the Federal Water Pollution Control Administration will co- sponsor two state -wide estuarine public meetings in February 1969, The meetings are scheduled for 9 a.m. at the following locations, on the dates listed-. San Francisco, California February 18 -19 1969 Room 1194 State of California Building 350 McAllister Street San Francisco, California 94102 25 Room 113$ Junipero Serra Building State of California 107 South Broadway Los Angeles, California 90012 /n i Under mandate of Congress, the U. S. Department of the Interior, Federal Water Pollution Control Administration is responsible for the preparation of a comprehensive report on the status of pollution in the Nation's estu- aries. The report will include: 1. an analysis of the importance of estuaries to the economic and social well -being of the people of the United States and of the effects of pollution upon the use and enjoyment of such estuaries; 2, a discussion of the major economic, social and ecological trends occurring in the estuarine zones of the Nation; and 3. recommendations for a comprehensive national program for the preservation, study, use and development of estuaries .... FOR THE NATION'S ESTUARIES GUIDELINES FOR PRESENTATIONS AT PUBLIC MEETINGS ON WATER QUALITY MANAGEMENT FOR ESTUARINE AREAS STATE OF CALIFORNIA San Francisco, California February 18 -19, 1969 Los Angeles, California February 25 -26, 1969 The estuary system of California includes its tidal waters, the shore and adjacent land, and the biology and ecology of the coastal areas. It is this total resource on which we wish to receive information at the February 1969 public meetings. We will be particularly interested in your answers and position on the fol- lowing types of questions: What are the values (aesthetic, personal, recreational, dollar, etc.) of an estuary? How have they been damaged by pollution, and how much? What do you think the future of our coastal zones should be? What are the best uses of our estuaries? What system of management -- local, State and Federal - -will best provide for development and protection of our estuarine resources? You may have other pertinent points to raise. We are interested in hearing what you have to say on the subject of pollution, its effects, and its con- trol in our estuaries. To provide for an orderly meeting with time available for all, the following guides are established: 1. Statements should be concise and based upon the subjects of estuarine pollution and its effects on beneficial uses. It is suggested that lengthy statements be filed in writing for inclusion in the meeting record, and a brief aummary of the statement presented orally. 2. A screen, blackboard, easel and projection equipment (2" x 2" 35 mm slides) will be provided for those wishing to accompany their presentation with visual aids. Special visual aids will be the responsibility of those making presentations. i r ` 4-*- r +j-4 �+ {# y�+ + U.S. DEPARTMENT OF THE INTERIOR FEDERAL WATER POLLUTION CONTROL ADMINISTRATION NATIONAL ESTUARINE POLLUTION STUDY Office of Estuarine Studies Federal Water Pollution Control Administration U.S. DEPARTMENT OF THE INTERIOR July 1967 (Revised March 1968) INTRODUCTION The early history of the Nation emphasizes the importance of estuarine zones and their resources—food for the colonists, avenues of commerce for the emerging colonies, revolutionary battlefields, and service entrances to the western goldfields. (The terms, "estuary," and "estuarine zone" are defined in Appendix A.) Now the estuaries provide opportunities for recreation, cooling water for power stations and industry, and operating bases for the greatest naval force in the world. Generally, they must continue as necessary habitats for fish (both fin and shellfish) and waterfowl during important phases of their respective life cycles. Belatedly, the Nation recognized that the estuarine zones have finite boundaries and that a combination of pollution and poor manage- ment practices has gradually eroded their value for many beneficial uses. In too many instances, the estuarine zones have become only an open sewer carrying the wastes of industry, agriculture, and municipalities into what was thought to be the boundless dilutional capacity of the oceans. The technical aspects of pollution control and water quality enhancement in estuarine areas are infinitely more complicated than in fresh -water rivers and lakes. The almost unlimited combination of fresh and salt waters, with variable densities and responses to river flows and tidal conditions, greatly complicates estuarine pollu- tion abatement and surveillance. To understand the scope and depth of the complexities requires the development of a great body of tech- nical information oriented specifically to the estuarine environment. These chemical and hydrologic complexities are further com- pounded by a wide range of climatic conditions ranging from Alaska's arctic seas to the tropics of Puerto Rico and Hawaii, by tides of 1 to 50 feet, and by a host of geographic forms including the convoluted marshes of South Carolina and New Jersey, the drowned coast of Maine, and the fjords of Puget Sound and Alaska. The public response to the transformation of the estuarine en- vironment has paralleled the public interest in the pollution of our fresh -water streams and lakes. This concern manifested itself in the 1965 "shellfish" amendment to the Federal Water Pollution Control Act and in the "Estuarine Study," required by the Clean Water Restora- tion Act of 1966. (See Appendix A). The current extent of national interest in sea resources is also indicated by the passage of the Sea -Grant College Act and the Marine Resources and Engineering Development Act of 1966 and by the release of four major national reports in 1966- 1968. Each report, listed below, focuses attention on the problems of estuarine pollution. Oceanography -1966 National Academy of'Sciences -Na- tional Research Council. Effective Use of the Sea President's Science Advisory Com- mittee Panel on Oceanography. Marine Science Affairs, The First report of the President to A Year of Transition the Congress on Marine Resources and Engineering Development. Marine Science Affairs, The Second Report of the President A Year of Plans and Progress to the Congress on Marine Resources and Engineering Development. i The Clean Water Restoration Act of 1966 directs the Secretary of the Interior to conduct a study of the Nation's estuarine zones to determine the present state of pollution; delineate pollution problems; evaluate the effects of pollution on beneficial uses; document the values of estuarine zones; and provide a basis of action for the j beneficial management of this unique natural resource (Appendix A). The plans for this estuarine study are presented in outline form. NATIONAL ESTUARINE POLLUTION STUDY Authority: Title 11, Section 5 (g)(1),of the Clean Water Restoration Act of 1966, P.L. 89 -753, November 3, 1966, amending the Federal Water Pollution Control Act (33 U.S.C. 466 et seg.) Objectives: To prepare a report for the Secretary of the Interior to the Con- gress which will: (1) document and analyze the various aspects of estuarine pollution; (2) make recommendations for a comprehensive National program for the preservation, study, use, and development of the estuarine zones; and (3) recognize the respective roles of Federal, State, and local governments plus public and private interests. Scope: The Act calls for: a comprehensive study of the effects of pollution, including sedimentation, in the estuaries and estuarine zones on beneficial uses and a consideration of use- trends which will influence future pollution problems, The Act also calls for the assembly, coordination, and organization of all existing data, the conduct of surveys to provide supplementary data in representative estuaries; the identification of problems and areas in need of further study; analyses of economic and social values of the estuaries; and a discussion of the major economic, social, and ecological trends as they may influence future pollution problems. The Act directs that the study be made in cooperation with other government agencies, private organizations, institutions, and individuals. Target Date: The Act directs that a report be submitted to Congress within three years after enactment. The attainment of this goal requires the establishment of the following sub - goals: Cut -off date for project data — Feb. 1, 1969 Completion of Preliminary Draft — April 1, 1969 Completion of Final Draft - June 1, 1969 Approval by Secretary — July 1, 1969 Submission to Congress — Nov. 1, 1969 The time Schedule i5 tight. Initial delays in project implementa- tion in FY 1967 preclude any inclusion of additional time for Slippage. Project Director: Eugene T. Jensen, Chief Office of Estuarine Studies, DTS Federal Water Pollution Control Administration U.S. Department of the Interior 633 Indiana Ave., N.W., Washington, D.C. 20242 Telephone: 963 -5872 or IDS Code 13 X35872 FWPCA REGIONAL ESTUARINE PROGRAM COORDINATORS Mr. John S. Farlow Mr. Marvin wood Northeast Region, FWPCA South Central Region, FWPCA 14th Floor — John F. Kennedy 1114 Commerce Street Fed. Bldg. Dallas, Texas 75202. Boston, Massachusetts 02208 Telephone: (214) 749.2161. Telephone: (201) 846.4646 Mr. J. Gary Gardner Mr. James McCarty Middle Atlantic Region, FWPCA Southwest Regional Office, FWPCA 800 West Main Street Room 1802 — 100 McAllister Street Charlottesville, Virginia 22901 San Francisco, California 94102 Telephone: (703) 296.1264 Telephone: (415) 884 -3402 Mr. F. J. Silva Mr. Earl Kari Southeast Region, FWPCA Northwest Regional Office,'FWPCA Room 404 — 50.7th Street, N.E. Room 570.— Pittock Block Atlanta, Georgia 30323 Portland, Oregon 97205 Telephone: (404) W-7275 Telephone: .(503) 226 -3914 Method of Study: Information and data will be obtained through five principal avenues. 1. Data already in the files of the Federal Water Pollution Control Administration. Field staff of the Administration will be requested to collect other Statistics or data necessary to complete certain elements of the report. 2. Consultation with other elements of the Department of the Interior. 3. Consultation with other Federal, interstate, and State agencies, private organizations, institutions, National organizations, and individuals. The following actions are contemplated: a. Direct consultation with other Federal agencies interested in estuarine resource problems. (Appendix B) b. Consultation on a State -by -State basis with agencies in- terested in estuarine resources and pollution control. (Con- sultation will be limited to the 24 coastal States, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia; See Fig. 1). The assistance of the several governors in arranging agency meetings has been requested through the Office of the Secretary. Subsequent contacts will be made through the Regional Offices. c. Direct consultation with interstate agencies and com- missions, institutions, and National organizations. Institu- tions will be interpreted to mean universities, colleges, and private foundations interested in marine Sciences. National organizations will be interpreted to mean profes- sional organizations interested in pollution control, con- servation, and natural resources; non - professional, general interest organizations Such as General Federation Of Women's Clubs;'user organizations Such as the National Association of Manufacturers and interested labor unions. A tentative list of Selected agencies and organizations is included. (See Appendixes C & D.) d. Public meetings in many coastal States, under the direct sponsorship of Federal Water Pollution Control Administra- tion, hopefully in each case with the assistance of the Governor's office. 4. Contracts will be used as the primary Source Of information for socio- economic values, ecological, demographic and in- dustrial trends, and application of new technology. A National Conference on Estuarine Research Needs will be Scheduled for early in 1969 to provide interested engineers, Scientists, and public administrators with a "last minute" opportunity to outline and discuss research and Study needs and areas of opportunity. 5. Supplemental in- house technical Studies, to be concentrated in the Chesapeake Bay area, will be focused On those aspects of the Bay which may be typical of estuarine pollution prob- lems such as; Management of thermal waste waters Marine and boat pollution Management of nutrients Pollution surveillance systems Modeling and data display systems Residual sludge or sediment deposits Petroleum handling and transport Allocation of Resources: Approximately 75% of appropriated funds are used for contracts with universities, corporations, non- profit institutions, and other Federal agencies. Frame of Reference: The following assumptions will be used in the conduct of this study: 1. Estuaries have high economic and social values. 2. Attainment of maximum public return from estuarine system depends on: a. Protection of water quality and b. Land use "restriction" 3. Pressure for multiple use of the estuarine system will increase. 4. There is a need for a continuing, articulated research program with broad geographic scope. 5. Attainment of maximum public returns calls for a management partnership among Federal, State, and local agencies. 6. Estuaries cannot be considered independently of their water- sheds or the Continental Shelf. Relationship to H.R. 25 et al. (Inventory and Study of Estuarine Areas) The testimony on H.R. 25 et al. supported the thesis that es- tuaries are a valuable natural resource component of the Nation's total wealth and that special measures are needed to preserve, pro- tect, and manage this resource. (House Document 90 -3). H.R. 25 also provides that the study and inventory shall be carried out in conjunction with the comprehensive National Estuarine Pollution Study. Preparation of Report: 1. Tabulation of all pertinent data, related to the description of estuarine zones and the degree of estuarine pollution, will be undertaken by the Federal Water Pollution Control Adminis- tration. 2. Tentative conclusions with respect to National Management policies will be developed by the Federal Water Pollution Control Administration and discussed with the Department of the Interior Estuarine Advisory Committee. 3. The report will be prepared in three parts: 1 PART I— An Executive Report, approximately 12 pages, in- tended for broad public distribution. PART II — A formal Report to the Congress, including the following sections: a. introduction, including authority for the study. b. Action recommendations. c. Summary and conclusions. d. Description of the Nation's estuarine system. e. Effects of pollution on the estuarine system. f. Effects of use trends on water quality. (Trends will be ex- pressed in terms of the years 1975, 1985, and 2000). g. Socio-economic characteristics and values of the estuarine system. h. Ecological role of the estuary. i. Demographic trends. j. institutional systems for estuarine management. includes Federal authority. k. Research and study. needs. !1 PART III — Supporting data, including full reports from in- dividual contractors, responses from States and other interested groups, etc. A. Sufficient copies of each Part will be prepared for distribution to all interested parties, public and private, as required by the Act. Mator5na Tether, t polluuom study. the 70 stet, as93 75 stat, x053 the 79 stat, 9031 am 33 MC sees. tw on the the be i for the TITLE II Act is amended by adding at the and thereof tions: v shall. in enumeration with the Secretary of ens, Ioowil fuels, d anderoeimr c sates, moon the t tow mtemxwte nver or areas or mute into.] connection with open sus measurably diluted with fmah we old ether uses of mtaaries and i of the waters therein. ,idy, the,Seamtary stall asesmbk, ing perunarK inffoorral6on on the M; carry out a program of'investi- saiding information in repreasnt- a and identify the problems and i�y+te tegni L to the ('engreea a final report of aspen to dos not Inter than three years after commas,. action. (,%I a of the. report shall poh ies,. public and private. The ed to- ortance of eetoariesto the economic )ple of the I inited States and of the at and enjoyment of such estuaries- jor economic, will, and xologicaj as lanes of the Nation ; a can hehensive national projpam e, and development of estuaries of e iesponeibililiol which should be d local governments and by public ht ruprimed the sum of $],IMM3,1MM1 Appropriation. nddmg J one 30, 1967, June 80, 19843, wrposes of this eubeaction. bextion, the term `estuarine zones` ^ratarina onaismg of an estuary and those erne.; nHly influenced oregxted by water imiled to, salt in salt and Dons, inshore waters, and cha nel% part of the mouth of a navigable or •sera,,,, body of water having vnimpumj and within which the lea water is APPENDIX B FEDERAL AGENCIES Atomic Energy Commission Department of Agriculture Department of the Army Department of Commerce Department of Defense Department of Health. Education, and Welfare Department of Housing and Urban Development Department of the Interior Department of State Department of Transportation Federal Power Commission General Services Administration National Academy of Sciences— National Academy of Engineers National Aeronautics and Space Administration National Council on Marine Resources and Engineering Development National Science Foundation Smithsonian Institution Water Resources Council APPENDIX A Public Law 89 -753 89th Congress, S. 2947 November 3, 1966 21n 21a ' sO. sTAT. 1216 To aweeL de Federal water Potation Control stn In order to Improve and make mom ed4etim ."at. orposs w puraoat 0 late AeL Be. it enacted by the Senate and /loose of Representatives of the United Seabee 0 Ama,ka in Oemgreu ase,mbled That this Act may *lean.IVater clean oter No- m be cited as the 966- Restoration Act of 1 torasion met or 1966. Mator5na Tether, t polluuom study. the 70 stet, as93 75 stat, x053 the 79 stat, 9031 am 33 MC sees. tw on the the be i for the TITLE II Act is amended by adding at the and thereof tions: v shall. in enumeration with the Secretary of ens, Ioowil fuels, d anderoeimr c sates, moon the t tow mtemxwte nver or areas or mute into.] connection with open sus measurably diluted with fmah we old ether uses of mtaaries and i of the waters therein. ,idy, the,Seamtary stall asesmbk, ing perunarK inffoorral6on on the M; carry out a program of'investi- saiding information in repreasnt- a and identify the problems and i�y+te tegni L to the ('engreea a final report of aspen to dos not Inter than three years after commas,. action. (,%I a of the. report shall poh ies,. public and private. The ed to- ortance of eetoariesto the economic )ple of the I inited States and of the at and enjoyment of such estuaries- jor economic, will, and xologicaj as lanes of the Nation ; a can hehensive national projpam e, and development of estuaries of e iesponeibililiol which should be d local governments and by public ht ruprimed the sum of $],IMM3,1MM1 Appropriation. nddmg J one 30, 1967, June 80, 19843, wrposes of this eubeaction. bextion, the term `estuarine zones` ^ratarina onaismg of an estuary and those erne.; nHly influenced oregxted by water imiled to, salt in salt and Dons, inshore waters, and cha nel% part of the mouth of a navigable or •sera,,,, body of water having vnimpumj and within which the lea water is APPENDIX B FEDERAL AGENCIES Atomic Energy Commission Department of Agriculture Department of the Army Department of Commerce Department of Defense Department of Health. Education, and Welfare Department of Housing and Urban Development Department of the Interior Department of State Department of Transportation Federal Power Commission General Services Administration National Academy of Sciences— National Academy of Engineers National Aeronautics and Space Administration National Council on Marine Resources and Engineering Development National Science Foundation Smithsonian Institution Water Resources Council 7 Y' APPENDIX C INTERSTATE AGENCIES AND COMMISSIONS Atlantic States Marine Fisheries Commission Delaware River Basin Commission Gulf River Basin Commission Gulf States Marine Fisheries Commission Interstate Commission on the Potomac River Basin Interstate Sanitation Commission New England Interstate Water Pollution Control Commission New England River Basin Commission Pacific States Marine Fisheries Commission Pacific River Basin Commission APPENDIX D NATIONAL A. Water Pollution Control, Conservation and National Resource Atlantic Estuarine Research Association American Conservation Association, Inc. American Fisheries Society American Littoral Society American Society of Ichthyologists and Herpetologists American Society of Limnology and Oceanography, Inc. Artie Institute of North America Boat Owners Council of America Boy Scouts of America Citizens Committee on Natural Resources The Conservation Foundation Ducks Unlimited, Inc. Ecological Society of America Izaak Walton League of America National Association of Soil and Water Conservation National Audubon Society National Parks Association National Waterfowl Council National Wildlife Federation Natural Resources Council of America The Nature Conservancy Outboard Boating Club of America Outdoor Writers Association of America, Inc. Oyster Institute of North America Resources for the Future, Inc. Sierra Club Sport Fishing Institute Water Pollution Control Federation Wilderness Society Wildlife Management Institute Wildlife Society B. General Interest Organizations The Garden Club of America General Federation of Women's Clubs League of Women Voters of the U.S. Districts C. User Organizations Chamber of Commerce of the U.S. National Association of Manufacturers National Fisheries Institute D. State and local governments American Institute of Planners American Society of Planning Officials Council of State Governments ' International City Managers Association National Association of Counties National League of Cities United States Conference of Mayors E. Interested labor unions U. % GOVERNMWT PRINTING OFFICE: IBBB 0- 909 -413 As the Nation's principal conservation agency, the United States Department of the Interior works to ensure that nonrenewable re- sources are developed and used wisely, that park and recreational resources are conserved for the future, and that renewable resources contribute fully to the progress, prosperity, and security of the United States —now and in the future. < i � k National Estuarine Pollution Study, USDI, FWPCA July 1967 (Revised March 1968) ERRATA SHEET FWPCA REGIONAL ESTUARINE PROGRAM COORDINATORS Mr. James McCarty Pacific Southwest Region, FWPCA 760 Market Street San Francisco, California 94102 Telephone: (415) 556 -6082 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd.. Area Code 714. 673 -2110 November 12, 1968 The Honorable Board of Supervisors County of Orange Gentlemen: Statement of Mayor Doreen Marshall of the City of Newport Beach concerning the Upper Newport Bay Land Exchange I appreciate this opportunity to convey to you the views of the Newport Beach City Council concerning the disagreement which has arisen between you and the Irvine Company about the Upper Newport Bay Land Exchange. As you know, the City Council has consistently supported the Land Exchange Agreement and general development plan. We sincerely believe that it is the only financially feasible way of developing the Upper Bay within the foreseeable future in a manner which provides substantial public benefit as well as private benefit. It is obvious that the water area owned by the County will continue to be of little use to the public until such time as access is provided from the surrounding upland areas. If the proposed plan is carried out, the follow- ing benefits would accrue to the public; 1. The area under public jurisdiction would be increased from about 400 to 750 acres, or more than 86 %. 2. The area available for public park and beach use would be increased from 70 to 261 acres or by 273 %. 3. Public access to the waterfront would be increased by 193 %. It was pointed out at the hearing on September 25, 1967, before the State Lands Commission by its consultants that a massive expenditure of public funds to acquire land presently in pri- vate ownership surrounding the Upper Bay would be necessary in order to pursue any alternative development plans. None of the critics of the proposed land exchange has suggested any realistic method of securing such funds. We were distressed to learn of the Irvine Company's intention to withdraw from the exchange agreement and to proceed to r 9 Honorable Board of Supervisors -2- November 12, 1968 develop as residential islands the land under its ownership which was to be exchanged with the County. If this intention is carried out it would seriously impair the objective of developing the Upper Bay in a manner which adequately provides for public use. It would be regrettable if the dream of developing the Upper Bay were to be abandoned after the many years of effort that have been devoted to bringing it so close to realization. We wish to commend your Board for its dedicated efforts to achieve the goal of developing the Upper Bay, and to assure you of our wholehearted support and cooperation. We urge you to persevere in your efforts to work out a mutually acceptable solution to the pproblems which are preventing completion of the Upper Bay development. Doreen Marshall Mayor, City of Newport Beach DMamh - yt JISTP— TI on/ 0UUncC1 (_ C` ( 1- `� /Yt l t a�( ✓}Gtr C try e LLf/t y( 6 co P,ws -p �'UK Y'STIZr�(JTroN < s TM, 3 0 L.. tl} h'l l>- y owr s /l— 01-6 d' /R-r 14 e-4kr- • N G- ., a CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 November 12, 1968 The Honorable Board of Supervisors County of Orange Statement of Mayor Doreen Marshall of the City of Newport Beach concerning the Upper Newport Baz Land Excw_MAI ' Gentlemen: I appreciate this opportunity to convey to you the views of the Newport Beach City Council concerning the disagreement which has arisen between you and the Irvine Company about the Upper Newport Bay Land Exchange. As you know, the City Council has consistently supported the Land Exchange Agreement and general development plan. We sincerely believe that it is the only financially feasible way of developing the Upper Bay within the foreseeable future in a manner which provides substantial public benefit as well as private benefit. It is obvious that the water area owned by the County will continue to be of little use to the public until such time as access is provided from the surrounding upland areas. If the proposed plan is carried out, the follow- ing benefits would accrue to the public 1. The area under public jurisdiction would be increased from about 400 to 750 acres, or more than 86 %. 2. The area available for public park and beach use would be increased from 70 to 261 acres or by 273 %. 3. Public access to the waterfront would be increased by 193 %. It was pointed out at the hearing on September 25, 1967, before the State,Lands Commission by its consultants that a massive expenditure of public funds to acquire land presently in pri- vate ownership surrounding the Upper Bay would be necessary in order to pursue any alternative development plans. None of the critics of the proposed land exchange has suggested any realistic method of securing such funds. We were distressed to learn of the Irvine Company °s intention to withdraw from the exchange agreement and to proceed to Honorable Board of Supervisors -2. November 12, 1968 develop as residential islands the land under its ownership which was to be exchanged with the County. If this intention is carried out it would seriously impair the objective of developing the Upper Bay in a manner which adequately provides for public use. It would be regrettable if the dream of developing the Upper Bay were to be abandoned after the many years of effort that have been devoted to bringing it so close to realization. We wish to commend your Board for its dedicated efforts to achieve the goal of developing the Upper Bay, and to assure you of our wholehearted support and cooperation. We urge you to persevere in your efforts to work out a mutually acceptable solution to the problems which are preventing completion of the Upper Bay development, Doreen Marshall Mayor, City of Newport Beach DMsmh rr !� " On behalf of the Newport Beach City Council, I i4sh to express our con tern over the breakdown in negotiations between. the County and the Irvine Company which has jeopardizes, completion of tlha Upper Newport Bay1and Fxcl . For many years this City Council has closely followed progress of negoti- ations an& legal steps Miich have led to the present stage in the program for the planned development of the Upper Day. On several occasions the Council has publicly expressed its support for tine proposed development plans, mid puis urged the approval of the Land. Exchtu:ge Agreement by the State Lands Commission. We have consistently stated the position that the plans for development of the Upper Bay, based upon the Land Exchange Agreement_, offer the only feasible method for development of the Upper Gay within the foreseeable future, in a manner which strikes an equitable 'balance between public and private interests. lie believe that it would be a tragedy if the existing plans for the develop- ment of the Upper Bay are not carried forward to completion, and we urge your Honorable Board to make every effort to work out a solution to the problems which are impeding further progress. Very truly yours, DOHpEEN MARS1iAU Mayor al:pg cc: Mr. Alton E. Allen, Supervisor Sth District Mr. William Mason, Irvine Company Can Swap Flop? County Hoping to Save Land Pact By TOM BARLEY Of fh5 Oai1Y Pibt Staff Can the Irvine Company back out of the back bay land swap? That was the question being . asked lo- day.around Orange County Civic Center as County Counsel Adrian Kuyper's aides . feverishly scrutinized the Upper Newport Bay agreement. Kuyper and County Administrator Robert Thomas have no comment to make other than to vonf }rm supervlM. Chairman C. Al. Featherly's "ernest hope" that "the problems outlined in the Irvine Company's letter can he satisfac- torily solved through mutual effort and we can continue on to a successful com- pletion of the project we have all en- visioned." Featherly made the statement Monday after discussing the three -day old Irvine letter of withdrawal with his four col- leagues who returned Monday from a weekend conference at. ld}dly ild in BAS' SW Va. Riverside County. Featherly called the Irvine Company's decision to give 99 days notice of its withdrawal — as provided for in the 1965 pact — a tragedy. "This project has been many, marry years in its creation and involved the ef- fort of many people," Featherly said. "The lower Newport Bay is the finest recreational harbor on the WeA Coast (See BAY SWAP, Page 2) and it is logical and natural that the Up- per Bay should compliment and extend this fine recreational facility..." Featherly said he would `personally deplore" the loss of the "opportunity to develop the great recreational asset simply because of certain costs which, though substantial, pale before the multi- million dollar benefits which this ex- change can make possible," Featherly added that he hoped the Irvine Company "would see, its way" to now reviewing it position. But Irvine Company President William R. Mason today refused to comment further on his notice of withdrawal. "We have not yet been approached by the county," he said. "And until we are I have nothing to add to what we outlined 'a • "parch 16, 1n68 City Council Newport Beach May we cordinlly invite you to send a representative to a meeting which i_ -. -of the Orange County Group, Sierra Club, the Sea and Sage Audubon Society and the Orange Coast Civic g asociation- -are sponsoring toet'aar ? Topics of discussion will be water quality and wildlife at Upper Newport Bay, and we thought that the city of Newport Beach might be interested in these general areas of discussion. We would appreciate knowing who the City's representative might be and would be glad to furnish more information about this meeting. Your call will be appreciated. Sincerely Yours 2507 Via Marina Newport Beach California 92660 , `� : 9 rLL r•:q --e Mrs. Howard S. Babb II E R N E W P OR T B A Y Orange County's most priceless resourcA WHAT ARE SOME OF THE PROBLE'S WITH THE PROPOSED DEVELOWEdT2 � O s I IN 1 1 � 1 N1 1 J F Solid line indicates s� natural bay boundary. l� >,� Sy Dotted line indicates planned realignment. We cordially invite you and your friends to attend our jointly- sponsored. meeting Monday, March 11, 7s30 P.M. Little Theater, Corona del liar High School 2101 Eastbluff Dr., Corona del Mar # A panel of experts will discass the consequences of present plans for recreation and ecology, * We will enjoy being your hosts for this informative evening, j Mr. Kenneth W. Tanksley, president, SEA AND SAGE AUDUBON SOCIETr Rev. Edo-rard P. Allen, president, ORANGE COAST CIVIC ASSOCIATION NIrs, Howard S. Babb, conservation committee, ORANGE COUNTY GROUP SIERRA CLUB (Those who come south from Santa Ana on MacArthur Blvd, should-turn right on Ford Rd. At the intersection with Jamboree Rd., the name changes from Ford Rd. to Eastbluff. - - Those who come south on Coast Highway from Newport Beach, or north from Laguna Beach, should- turn north on Jamboree Rd, to Eastbluff Dr., then turn left to Corona I