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31 - Beach Volleyball Court 2406 W. Oceanfront
Agenda Item No. 3 t June 28, 1999 COMMUNITY SERVICES DEPARTMENT Arts & Cultural - Library " Recreation - Seniors To: Mayor and Members of City Council From: LaDonna Kienitz, Community Services Director /City Librarian Re: Beach Volleyball Court at 2406 W. Oceanfront RECOMMENDATIONS a) Make no changes to the current placement of the beach volleyball courts, including the court at 2406 W. Oceanfront. or b) Relocate the court at 2406 W. Oceanfront 10 feet out from the current site. or Q Remove the beach volleyball court at 2406 W. Oceanfront. Authorize a new beach volleyball court at 25`h Street, and direct staff to have it installed. or d) Remove the beach volleyball court at 2406 W. Oceanfront and install a beach volleyball court at 26'hStreet, which is already authorized. BACKGROUND The regulations, placement, and maintenance of City volleyball courts on the public beaches is governed by Resolution 92 -93, approved August 24, 1992. Earlier resolutions, dating back to 1982, provided similar procedures. Resolution 92 -93, the lists of approved sites, maps, and Community Services Department procedures are enclosed (pp. 5 -18). Request for Removal of Volleyball Court at 2406 W. Oceanfront On September 1, 1998, the Community Services office received by fax a request for relocation of the volleyball court at 2406 W. Oceanfront. The request was purportedly made by Rene Barge, the property owner at 2408 W. Oceanfront, but was later found to be from his tenant, Charles Hartwell. The request included signatures of five other residents in the 2400 and 2500 blocks of W. Oceanfront (pp. 19 -20) Survey of Property Owners Community Services staff sent survey letters to 52 property owners within 200 feet of the site. A copy of blank survey letter and property owners list are attached (pp. 21 -23). 0 Beach Volleyball Court at 2406 W. Oceanfront Page 2 The responses from property owners within 100 feet only, as required by Resolution 92 -93, were : • 12 property owners, including Rene Barge, property owner of 2408 W. Oceanfront, responded that they were not in favor of removing the court. • 4 property owners were in favor of removing the court. • 5 property owners stated that they were ambivalent. All survey responses are available in the Community Services office. Nine surveys were returned because of expired forwarding addresses. Subsequently, the Community Services staff reported to the applicant, Charles Hartwell, that his request for removal was denied, but that the decision could be appealed to the Parks, Beaches and Recreation Commission. Appeals to the Commission On November 3, 1998, Charles Hartwell, tenant at 2408 W. Oceanfront, appeared before the Commission requesting that the appeal of the staff decision be placed on the agenda for the December meeting (p. 24). The request, with staff report, was agendized for the December 1, 1998, Parks, Beaches and Recreation Commission meeting. At the meeting, Chair Beek announced that Mr. Hartwell had requested that the matter be continued to the January 1999 meeting. However, testimony was taken from members of the public who had come to the meeting expecting a decision to be made. Recreation staff was requested to monitor the court activity (pp. 25 -26). At the January 5, 1999, meeting the staff report was reviewed and public testimony was again taken. The Commission voted 6- 0 (Chair Beek was absent) to deny the request for removal (pp. 27 -29). On January 7, 1999, Mr. Hartwell resubmitted an application for removal of the volleyball court at 2406 W. Oceanfront and included in his application a letter from Rene Barge, the property owner of Mr. Hartwell's residence, endorsing the application. Staff posted the required 30-day notice at the volleyball court, announcing the public hearing at the March 2, 1999, meeting of the Parks, Beaches and Recreation Commission (pp. 30 -33). On January 15, a status report was faxed to Councilmembers Adams and Ridgeway, both of whom had called the Community Services office with questions on the matter (p. 34). At the March 2, 1999, meeting of the Parks, Beaches and Recreation Commission, the commissioners received the staff report with the additional information that notification had been posted for 30 -days, as required by Resolution 92 -93. After public testimony, the Commission voted 7 -0 to retain the court (pp. 35 -41). Beach Volleyball Court at 2406 W. Oceanfront Page 3 . At the April 12, 1999, City Council meeting Councilmember Debay requested that staff prepare a report on the issue of volleyball courts and the proximity of the courts to residents in the 2400 block of W. Oceanfront (p. 42). A staff report was prepared for the April 26, 1999, City Council agenda. There was no public discussion (pp. 43 -46). The matter was placed on the City Council agenda of May 24. At the request of the City Manager, staff noticed the residents and members of the public who had written or testified at the Parks, Beaches and Recreation Commission and provided them with the staff report. After discussion and public testimony the matter was continued to June 28 (pp. 47 -53). Beach Survey of City Volleyball Courts Responding to a Council request for more specific information on the positioning of all approved courts on the beach, Public Works Department staff surveyed the beach courts on May 26, 1999. As a result of the survey, seven courts were found to be less than the required 50 feet from the sidewalk or the private property line, if no sidewalk exists: • 281h Street 48 feet •41" Street 49 feet *42 Id Street 41 feet • • 43`d Street 38 feet • 710 W. Oceanfront 47 feet • 7008 W. Oceanfront 46 feet • 3909 W. Oceanfront 41 feet To bring these courts into compliance with Resolution 92 -93, work orders have been submitted for the repositioning of courts at 710 and 7008 W. Oceanfront. Relocation of the courts at 28d', 41", 42 "d, 43`dStreets and 3909 W. Oceanfront are not possible, due to the width of the beach, impact of high tides or access for beach maintenance vehicles (pp.54- 56). A tandem volleyball court was also installed at the end of 14'h Street adjacent to the blacktop at Newport Elementary School to accommodate summer camp for youth volleyball players (ages 9 -14), which ends July 23. The court will be removed following that program. Modification of the Court at 2406 W. Oceanfront The Community Services staff consulted with the Fire and Marine Department staff on the possibility of repositioning the 2406 W. Oceanfront court further toward the ocean and inquired specifically if such a move would negatively impact the visibility at the adjacent lifeguard tower. Such a relocation, if possible, could lessen the impact on the boardwalk traffic and the residents in the 2400 block of W. Oceanfront. Beach Volleyball Court at 2406 W. Oceanfront Page 4 The Fire & Marine Department reported that a shifting of the court 10 feet further toward • the ocean would not negatively impact the activity of the lifeguard station. Alternatively, the Department suggested that to alleviate possible congestion on the boardwalk, the court be relocated to the end of 25 " street. Possible Installation of Court to 26th Street Resolution 92 -93 authorizes the placement of a court at 26th Street. Historical aerial photos indicate that the court at 26th Street has never been installed. A petition from residents in this neighborhood is included in the attached correspondence (pp. 75 -77). Correspondence In addition to the survey responses received in September 1998, the following correspondence and petitions have been received on this matter (pp. 57 -77): To: Rene Barge, January 7, 1999 From: Lauren Chapman, January 5, 1999 Todd Swanson, February 24, 1999 David Fults, February 25, 1999 Vicky Fults, February 26, 1999 Barry Macpherson, March 2, 1999 . Volleyball Players Petition presented by Andy Reinking, March 2, 1999 (73 pages - one page only included in report; full petition available in the Community Services office) Oceanfront Resident Committee, April 12, 1999 Franklin E. Skiles, May 24, 1999 Residents of Newport Beach surrounding the block of 26th Street, June 15, 1999 Attachments RESOLUTION NO. 92- 93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING REGULATIONS • CONTROLLING THE INSTALLING AND MAINTENANCE OF VOLLEYBALL PLAYING AREAS ON THE PUBLIC BEACHES IN THE CITY OF NEWPORT BEACH AND RESCINDING RESOLUTION NO. 88 -14. WHEREAS, Resolution No. 88 -14, which was adopted on February 22, 1988, sets forth the existing regulations for the installation and maintenance of volleyball courts on. public beaches in the City; and WHEREAS, the Newport Beach Parks, Beaches and Recreation Commission has made certain recommendations that said regulations be revised and updated; and WHEREAS, the City Council has reviewed the recommendations of the Parks, Beaches and Recreation Commission and wishes to establish these recommendations as the regulations for the installation and maintenance of volleyball playing areas on the public beaches in Newport Beach. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the following are hereby established as the regulations for the installation and maintenance of volleyball playing areas on the public beaches in the City of Newport Beach. 1. The public ocean front and bay beaches shall be divided into five (5) volleyball playing zones which are identified as follows: ZONE ONE shall be the area between the Santa Ana River and Orange Avenue; ZONE TWO shall be the area between Orange Avenue and the Newport Pier; ZONE Tj1RrE shall be the area between the Newport Pier and the West Jetty; State Beach; E ZONE FOUR shall be the main beach at Corona del Mar L.� ZONE FIVE shall be all the public beaches fronting on the waters of Newport Bay. 2. No volleyball courts shall be installed within fifty feet (501) of a private property line or sidewalk in any of the five (5) volleyball playing zones established herein unless authorized by the Parks, Beaches and Recreation Commission as an exception. Volleyball nets shall be installed perpendicular to the ocean except at Corona del Mar Beach which shall have eight (8) parallel courts and two (2) perpendicular courts. 3. Tandem volleyball courts shall have a minimum of twelve feet (121) of spacing separating the center posts in all zones. 4. A permanent tournament location shall be established and maintained at Corona del Mar State Beach. A total of ten (10) permanent courts shall be maintained at the Corona del Mar site. 5. Volleyball courts are authorized at the locations described on Exhibit "A" hereto and incorporated herein by reference and said courts shall be inspected and maintained by the Parks, Beaches and Recreation Department. The Department shall visually inspect all courts each March and September and report the results and any necessary corrective actions to the Parks, Beaches and Recreation Commission. 6. Applications for installation of additional permanent courts shall be submitted for approval by the Parks, Beaches and Recreation Commission. Application forms are available from the Parks, Beaches and Recreation Department and shall include a map and written acknowledgment or proof of attempt to notify by certified mail the property owners within one hundred feet (100') in either direction of the proposed location. 7. Applications for removal or relocation of existing permanent courts shall be submitted for approval by the Parks, Beaches and Recreation Commission. Application forms are available from the Parks, Beaches and Recreation Department and shall include a map and written acknowledgment or proof of attempt to notify by certified mail the property owners within one hundred feet (100') in either direction of the existing location. Following completion of the application and its submission to the Parks, Beaches and 1- • 0 0 Recreation Department, the location will be posted thirty (30) days in advance with a notice of the proposed removal. • a. Non - authorized courts will be removed by the Parks, Beaches and Recreation Department. 9. Maintenance and installation of volleyball courts shall be by the Parks, Beaches and Recreation Department. Poles shall be approved, supplied, installed and maintained by the City of Newport Beach. 0 .LO. The Parks, Beaches and Recreation Commission has final authority on installation, relocation or removal. Applications will be based on factors which may affect the proposed or existing court location, including parking, beach maintenance, marine safety, proximity to existing volleyball courts, restroom and the overall needs of the general community or other considerations as deemed necessary by the Parks, Beaches and Recreation Commission. BE IT FURTHER RESOLVED THAT, Resolution 88 -14 is hereby rescinded. ADOPTED THIS 1992. ATTEST: 24th day of August Mayor PORT City Clerk; \.: \`' �CI FpN� I I APPROVED BEACH VOLLEYBALL COURTS AUGUST 24. 1992 . ADDRESS OF COURT MAP NEAREST STREET END Nordina St 1 -A Nordina 7008 W. Oceanfront 1 -A Highland Grant St (tandem) 1 -A Grant 6900 W. Oceanfront (tandem) 1 -A Fern 6702 W. Oceanfront (tandem) 1 -A Colton Lugonia St 1 -A Lugonia 6310 W. Oceanfront 1 -A Cedar 6208 W. Oceanfront 1 -A Prospect 6009 W. Oceanfront 1 -B 61st 58th St 1 -B 58th 5605 W. Oceanfront 1 -B 56th & 57th 53rd St 1 -B 53rd 4907 W. Oceanfront 1-B 49th & 50th 4605 W. Oceanfront 1 -C 46th & 47th 43rd St (steel) 1 -C 43rd 42nd St (steel) 1 -C 42nd 41st St (steel) 1 -C 41st 3909 W. Oceanfront 1 -C 39th & 40th 38th St 1 -C 38th 34th St (plastic) 2 -D 34th 30th St 2 -D 30th 28th St 2 -D 28th 26th St 2 -D 26th 2406 W. Oceanfront 2 -E 24th & 25th 2002 W. Oceanfront (tandem) 2 -E 20th 1802 W. Oceanfront 2 -E 18th 1620 W. Oceanfront 3 -F 17th 1522 W. Oceanfront 3 -F 16th 1508 W. Oceanfront 3 -F 15th 1224 W. Oceanfront 3 -G 13th 1036 W. Oceanfront 4 -H 11th 1004 W. Oceanfront 4 -H 10th 914 W. Oceanfront 4 -H 9th 900 W. Oceanfront 4 -H 9th 812 W. Oceanfront 4 -H 8th 710 W. Oceanfront (tandem) 4 -H 7th 706 W. Oceanfront 4 -H 7th 614 W. Oceanfront 4 -H 6th 106 E. Oceanfront 4 -I Island 216 E. Oceanfront 4 -I Coronado 400 E. Oceanfront (tandem) 4 -I Coronado 1008 E. Oceanfront 5 -J B 1109 E. Oceanfront (stadium) 5 -J C 1213 E. Oceanfront 5 -J D & E 1309 E. Oceanfront 5 -K E 1319 E. Balboa Blvd 5 -K F • ADDRESS OF COURT REMOVAL MAP NEAREST STREET END 1412 Ocean Blvd 1, 5 -K G 1556 Ocean Blvd 1, 5 -K G & I 1712 Ocean Blvd 1, 5 -L I 2100 Ocean Blvd 1, 5 -L M 17th St May (on Bay) 3 -F 17th Cove St (China Cove) 6 -M Cove CdM St Beach (tandem) 6 -M East end of beach CdM St Beach (eight - steel) 6 -M West end of beach COURTS REMOVED E ADDRESS OF COURT REMOVAL DATE NEAREST STREET END 7108 W. Oceanfront May 1, 1991 Nordina 59th St May 1, 1991 59th 4307 W. Oceanfront May 1, 1991 43rd & 44th 40th St May 1, 1991 40th 1750 Ocean Blvd May 1, 1991 L 2140 Ocean Blvd May 1, 1991 Channel Road VBPOLES • 12/10/92 E -- H En En N N P -4 N t9 O N 4 Q H p4 copse �HUI •H M O�'( W O VA n o. H W Z —� ��� �1dC�t6a9Of.f vi_,,�r�UI � o• � � lam` y el'� 11 (A x� VA I H i°5E0 = t� B 0CEpN Ppcf fic vi En EHn En W Z rt H En O =--•r. l� f_ �0/3_�— H H N Coo_ °o ..w 1CFFOeI ®�.� °[Len pp c.ffC Occ•m 10 H N N N N tn `� x N N a „< „o EA x H H � °sC �� _cr_.QC uo —o4, u° � Ala'l- °6 C ✓L C s Coo_ °o ..w 1CFFOeI ®�.� °[Len pp c.ffC Occ•m 10 7 m F _a �c G l tPP pP� P O PEE in �� :f _•1 .o- gE Pc" 5C "/ �0 50op0` i i / / / i i / / / / / i' � PPCifiG 12 0 n � m ,o a .. o �. El Ell z°^ �1 /ece / OCEAN E P51 i / / / � J E `U ova• d K r vu0Ltc a - 0MV,4z. 0 POL,IC �` 14 OCEAN C2-T7-1 76" lift M��l \\ M Is d A d �c I Ja P A O V• N ry „' M Y1 MI H N 1q NB C� �p M 6 y 0. L J J J OCEAN eL'cLA 6 BEACH CD�I SEAdI FIRKING LOOT BEACH 15 COIv NIUNITY SERVICES DEPAR T mENT °.RTS 3 CUtTUPAL LIBRARY ' Rt CREATION ' jtMCRS To: Applicants for Removal or Relocation of Beach Volleyball Courts From: Community Services Department Re: Procedures for Applying for Volleyball Court Removal or Relocation The Community Services Department is required to enforce regulations controlling the removal or relocation of volleyball playing areas on City beaches. The regulations include the following procedures: 1. Formal notification of all property owners within 200' of the court. Notification must be documented by completion of the attached form, with postal service receipts verifying notification and response of absentee property owners. Responses are not needed from renters. 2. A detailed description of the existing court, if a removal, including the nearest street end, residential address or lifeguard tower. 3. A detailed description of the proposed location, if a relocation, including the nearest street end, residential address or lifeguard tower. The applicant agrees that the location will be posted for notice of the proposed removal, by the • City, including the date and time, for consideration by the Parks, Beaches and Recreation Commission. Completed applications will be reviewed by the General Services Department and the Marine Department for their recommendations. The Parks, Beaches and Recreation Commission will then make a ruling on the issue at a regularly scheduled, monthly meeting. Citizens are encouraged to attend these meetings and provide input to the commission. The applicant will be notified of the date that the commission will be making a ruling. For more information phone the Community Services Department at 63131 S 1. 16 u CITY OF NEWPORT BEACH COMMUNITY SERVICES DEPART.mENT APPLICATION FOR BEACH VOLLEYBALL COURT REMOVAL OR RELOCATION (circle one) NAME PHONE_ ADDRESS ZIP PRESENT LOCATION OF COURT. PROPOSED LOCATION (RELOCATION) TO: SIGNEE The aforementioned person has applied to have the volleyball court in question removed or relocated. The City requests your input on this issue. Once the City has received all of the necessary documentation, the Parks, Beaches and Recreation Commission will determine whether or not to approve the request. If you have any questions, please phone the Community Services Department at 644 -3151. 1) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE APPROVE: YES NO COMMENTS 2) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE APPROVE: YES NO COMMENTS 3) PRINTED NAME PHONE AUURESS SIGNATURE APPROVE: YES NO CONINIENTS 4) PRINTED NAME PHONE • ADDRESS ZIP SIGNATURE APPROVE: YES NO CONiNIENTS T% 5) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE APPROVE: YES COMMENTS NO 6) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE APPROVE: YES NO COMMENTS 7) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE APPROVE: YES NO 8) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE APPROVE: YES NO *Please make photocopies if additional signatures are required. CITY USE ONLY MARINE DEPARTMENT DIRECTOR DATE COMMENTS GENERAL SERVICES DIRECTOR DATE APPROVE: YES NO APPROVE: YES NO 1] • r1 LJ L� 14 09/01/1998 16:28 7147230104 FIARTWELLCAISTUCTIGM PAGE 02 CITY OF NEWPORT BEACH COMMUNITY SERVICES DEPARTMENT APPLICATION FOR THE OF BEACH VOLLEYBALL NAME 90�& �l PHONB ADDRESS O PROPOSIq L6CATI0N Ol* TO: ,$ - a-`" The aforementioned person has applied to have a volleybiall court placed in the location listed above. The City requests your input on this issue. Once the city has received all of the necessary documentation, the Parks, Beaches and Recreation Commis ion will determine whether or not to. approve the request. If you have any questions, please phone'the -Community Services Departmen at 644- 3151. --- -- - -: - -- --- -- -- --- - - - - -- ---- - --- 1) PRINTED' NAME RJ'a'R 1 !E• fl R X12 D PHONE - �L - 3 Z ADDRESS .i y/C APPROVE t- - YES NO COMMENTS-&-r--V 2) PRINTED NAME 3) PRINTED NAME 4) PRINTED L Irk: ffs DV, , t 1" VE: tYES NO APPROVE: 9J W No 6 Wr Cn+r✓d1 SIGNATURE 4id APPROVE: {YES NO commENTs vis rh y— ylvde �4b6®rvc 1�t'_ / 09/01/1998 16:28 5) PRINTED 7147230104 HARTWELLCONSTLCTION PAGE 03 : { YES NO 6) PRINTED NAME _._ ADDRESS ZIP SIQUATURE " APPROVE: YES NO 1* 7) PRAZTED NAME PHONE ADDRESS ZIP $AIIATURE APPROVE: I YES NO COMMENTS I 8) PRIG= NAME PHONE ADDRESS ZIP . SIQNATURE APPROVE: YES NO COMMENTS 9) PRINTED NAME PHONE ADDRESS ZIP SI(11QATURB APPROVE: I YES NO * Pliease make photocopies-if additional signatures are equired. ----------------------------------------------------- • CITY USE ONLY APPROVE: YES NO MARINE DEPARTMENT DIRECTOR. -. DATE COMMENTS APPROVE YES NO GENERAL SERVICES DIRECTOR DATE COMMENTS - i I 2U 'of Newport Beach IM_NIT'( S'kVICES 0 ((FirstName)> ((LastNamen ((Address 1» ((City», ((State» ((PostalCode» Dear ((Salutation» ((Last \ame »: The City of Newport Beach has received a request from a tenant at 220S Nest Ocean Front to remove a beach volleyball court at 3406 West Ocean Front. The City requests your input as a property owner on the issue of whether or not to remove the beach vollevball court at 2406 Nest Ocean Front. Please complete the following information and return it before October 16. 1993 to: City of Newport Beach Community Services Department 3300 Newport Beach Newport Beach. CA 92663 Printed Name: Phone Number: Signature: Address: 1 am in favor of removing the poles. I am not in favor of removing the poles. 1 am ambivalent about the issue. Comments: If you ha%e an% questions. please contact me at (949) 644 -3169. S lnQdrel�. %Iarilvn Fisher Recreation >lana_cr 21 v H e 1 N . N . N . 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Uin UU� ` 0.zmUVVVxxU W W �UW RCrn�W WfA WW WWA �0.WfA s N zEzUE 0+0+0+ W0000ww cn c7 aaa3 °a2 222222E 4I 0 4W aa aa aoozsto w w w W W aE u N NO zzzZ 0. O H FV WvUW w VU VV VVW cn i2i0 m • > 00000cC �4333333� 3 N Od�O Nlp 1pM SOI l�m.i00N00� lTN Ut � Vl �M ut N NNN%�]N N N ill 23 CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission . Regular Meeting November 3, 1998 — 7pm CONVENED AT 7om I. ROLL CALL Present: Beek, Franklin, Glasgow, Pfaff, Sinclair, Skoro, Tobin Staff Present: LaDonna Kienitz, Community Services Director /City Steve Hunt, Senior Recreation Manager Marcelino Lomeli, Park & Tree Maintenance Sup Teri Craig, Executive Secretary Il. APPROVAL OF MINUTES Motion by Commissioner Glasgow to approv a minutes of the regular meeting of October 6, 1998. Motion carried by acclamation. Motion by Commissioner Skaro to rove the minutes of the joint meeting of October 8, 1998. Motion carried by acclamation. Motion b Commissioner as ow to approve the minutes of the special meeting of October 15, 1998, as amended. ion carried by acclamation. III. PUBLIC COMM S Travis nt, 124 44" Street, noted that the Back Bay Rugby Club was still interested in using the fiel t Grant Howald Park. Commissioner Glasgow asked staff to contact Mr. Grant on the ocedure for specific sports groups to reserve use of the field. Senior Recreation Manager Hunt stated that he had been in contact with Mr. Grant, but would continue to do so. IV. CONSENT CALENDAR 4. Senior Services Items removed from Consent Calendar 1. Corresoondence — Correspondence from Harvey Hol ctober 9, 1998; to Barbara Davis, October 21, 1998, was acknowledged. Corr ndence from Pat Digiacomo, President, Harbor View Hills Homeowner's Associa' ,October 30, 1998, and Barbara E. Lichman, October 27, 1998, was added. Commissioner Beek, com ng on the letter received from Ms. Lichman, asked staff to provide a historical re on Bonita Creek Park for the benefit of the new commissioners for the next meetin ecember. 2. Parka ee Division - Commissioner Glasgow questioned staff on the status of the Harbor 24 u 0 Parks, Beaches & Recreation Commission Regular Meeting December 1, 1998 Page 4 Senior Recreation Manager Hunt reminded the Commission that night time play is and would ask them to help with scheduling policies. Id Chair Beek closed the public hearing. Commissioner Glasgow stated that the City needs to reach all the d' rent sports, including adults, and that this is an example of where an adult can find a spo . Motion by Commissioner Glasgow to approve the applicat of Back Bay Rugby Club for a 12 -month trial period. Commissioner Glasgow stated that in a year's they should be allowed some flexibility. Chair Beek asked Mr. Grant how sponsorship should be reevaluated, but come up with a current member roster. Amended motion by Comm issionewClasgo w to approve the application for co-sponsorship of the Back Bay Rugby Club for season if the Club is able to satisfy the 50% membership resident guideline. Motion carried by thSo owing vote: Ayes: Beek nklin, Glasgow, Pfaff, Sinclair, Skoro, Tobin Noes: N tvone None Chair Beek reiterated that it would be a good gesture on the part of the Rugby Club if they were to continue to pay the same costs for the fields. Mr. Grant agreed that the Club would continue to do so. Moses Mcrtaiavr, 2406',E: Q far as he is, aware, most are' issues, regarding breakage < become quite offensive. The to get to the volleyball court become younger -and even i beach the court should be -m( there are safety: language have c on his property the crowds have atrowness,of the" ],to a part of the beach where there is more room. C20 Parks, Beaches & Recreation Commission Regular Meeting December 1, 1998 Page 5 Commissioner Sinclair stated that she. is there it just "comes with the "territory, Stacy Madsen, 1120,25`".Street, stated tha discussion. She stated that,she,owns a attract renters to her property She also st he is'northe homeowner, she would'be .r`equest ofthisakmd to"tlje Gty hfShe,bel volleyball She also" noted that sh rs of offensive language or, rowdiness She sG even follow the d(rectioris for removing will.do one of l erown if'this becomes`ar Eric.'Thurner; 2406 E� Oceanfront,,'state 'volleyball court is an essential problem four days a. week. " The' problem is t recommended that the court bemoved l ° Staff would be willing to,contact police) r Mao. R..L, a i.-.A *tie ar ties .o., Chair Beek stated that this Item would be`continued to.January'rpeetmg - _� , 12. History of Bonita Creek —Report accepted and filed by Chair Beek with thanks to staff 13. Subcommittee Reports • Liaison Committee - no new information. • Open Space Committee - no new information. • Budget — no new information. Liaison with Oasis - no new information. • Naming of Parks - no new information. • Community Services Award - no new inform Skateboard — Commissioner Franklin st th purkiss -rose is scheduled for next w VI. Future Agenda Items Removal of Volleyball C Status of Marina Par re: Tidelands Decision Tree Removal - Orchid Avenue VII. AD106WIlMENT- 9:30pm BY: , L/ aQ 4 TER( CRAIG, COMMUNI SERVICES EXECUTIVE SECRETARY He` a tour of the area with the architect from 17J 26 • 0 L J Parks, Beaches & Recreation Commission Regular Meeting January 5, 1999 Page 2 V 3. Recreation Services —Senior Recreation Manager Hunt distributed Youth Commission phone number to the commission. �O Motion by Commissioner Skoro to accept items 1 — 5 on the Consent by the following vote: Ayes: Franklin, Glasgow, Pfaff, Sinclair, Skoro, Tobin Noes: None Absent: Beek Abstain: None DISCUSSION ITEMS a future plans on tideland following issues would be • Long term leases for • Monitoring leas on carried ids Stu — Assistant to the City Manager Dave Kiff discussed ue at the City Council is facing. He also stated that the ssed at the City Council Study Session meeting on February 8: is that use the tidelands versus year to year permits. • Administrati Issues - Commissioner Skoro stated that the Parks, Beaches and Recreation Commis ' n has continuing concern with the Marina Park area. Assistant Kiff stated that this a will be discussed at the Study Session 7. Knita Canyon Park — Vice Chair Glasgow stated that new information regarding the park will OOO'be released next week. Commissioner Skoiro asked if a special meeting might be needed. Vice Chair Glasgow stated that any discussion of this item should wait until next week. nmr. Hartwell stated that this volleyball court is used because spectators l 1.1 "court and has not vill continue to ask' )articular court. to stop and watch. Z% Parks, Beaches & Recreation Commission Regular Meeting January 5, 1999 Page 3 . Commissioner Sinclair stated that`she lives; in the `neighborhood and has,ndden her bike: around that area and has not observed this group E urss zs x', ss ` Stacey Madsen,, 110 25t, Street, stated that the volleyball courts for eMentonn merit of aW residents"not'-just for thenpeople who live on the oceanfront `She stated that sire is annoyed that this item" continues to be on the `agenda She stated that the petsorr; c�omplaitting about;' the.`court has misre resented himself as a hbrneowv er a" p I � FPN w.. > Moses Mortazayi 2406 Oceanfront stated thate has hued `ati sadcjfesr��e rs an _ r i L _.._.....J •LAS •L ..i.L1........I L.. ".d....:nttc- r.c�verri nno4nevnn Vrrc.nrnn }rvYSnii:WrnrtnWCi have ;been broken There" is too'- much noise, and foul language H&e�doe� ot4lfeel that;; homeowners not directlyon the oceanfront Have the right Co be apartofferemovat process th Matt Madsen, 110, 25. Street,-stated that B;property owners do'notwantthis court removed He stated, that he has just as much o 'f a right to speak on this °issue as anyone living on pthe x> v oceanfront; after all it is "a public beach r Eric Thurner, 2406 W.'Oceanfront, stated that the reason for. this request is because it is quality of life issue. The problem is that this particular court ;has been adopted by a serious . group of volleyball players. The people thatido not want it removed are'not directly affected', by its.locaClon.; r ; K zt LF fP I R t ' he vC teal 4' ' it s Vice Chair Glasgow closed t p ub hrheanne`I;i�, a x 1 £ xF e} �q�' �j"1 V H Y T. r4 y.' kL°^F r ea -� L S - .� Commissioner Sinclair, reminded the audience tha rt is a public beat ,6 y r. - a , ��v`. 9. Tree Removal Anneal — Director Niederhaus stated that bore testi en done on this tree and the tree is sound and should not be rem is time. He stated that the Erickson's have asked that it be remov are moving and believes that damage to the floor of their home has o cause of the tree. Director Niederhaus stated that staff has two propoq Es to deny the removal or two, approve the reforstation of one Blue Gum resident's expense. The City Attorney's office has stated that if during the excava 28 I..VI71 i71 DDl V11Cf- ;fIQ11 l.Vllll llclllcu W ant �+uulla. ulaa vl b Y .-"b b , rr r p - *thee vll�baf� Rlayers If `r needs to be�done H;e urged 'that talksbe intiated' with disturbances occur, the-,police should be Iofiedll�;������ti M r* S Motion carried by the following vote l Ayes- Franklin, Glasgow, Pfaff, Sinclair, Skoro, Tobin r , Noes None 'Absent: Beek Abstain: 'None.` . 9. Tree Removal Anneal — Director Niederhaus stated that bore testi en done on this tree and the tree is sound and should not be rem is time. He stated that the Erickson's have asked that it be remov are moving and believes that damage to the floor of their home has o cause of the tree. Director Niederhaus stated that staff has two propoq Es to deny the removal or two, approve the reforstation of one Blue Gum resident's expense. The City Attorney's office has stated that if during the excava 28 i4r,. �EEEO a8EA; -9 (ITEM V -8) JANUARY S, 1999 • COMMUNITY SERVICES DEPARTMENT ARTS & CULTURAL LIBRARY - RECREATION - SENIORS To: Parks, Beaches and Recreation Commission please see comments from the From: Steve Hunt, Senior Recreation Manager public which are included in rite Marilyn Fisher, Recreation Manager December ltminutes, atraced to this commi ssion packer. Re: Volleyball Court Appeal RECOMMENDATION Maintain the volleyball court at 2406 W. Oceanfront. BACKGROUND City Council Resolution Number 92 -93, approved August 24, 1992, established the regulations controlling the installation and maintenance of volleyball playing areas on the public beaches in the City of Newport Beach. Item 7 of that resolution states: Applications for removal or relocation of existing courts shall be submitted for approval by the Parks, Beaches and Recreation Commission. Submitted applications shall include a map and written acknowledgment or proof of attempt to notify by certified mail the . property owners. The location must be posted thirty days in advance with a notice of the proposed removal. The Community Services Department received an application for removal of a beach volleyball court at 2406 W. Oceanfront on September 1, 1998, from Hartwell Construction (Charles Hartwell, the tenant at 2408 W. Oceanfront), in the name of the property owner Rene Barge. The instructions given to the applicant required that a formal notification and request for response be solicited from all property owners within 200 feEt, and that the property owners formally survey neighboring homeowners by certified mail. The survey was not undertaken. To facilitate the matter, on September 29, 1998, the Community Services Department sent out letters to all homeowners within 200 feet of the volleyball court, asking them to respond to a >„ questionnaire about the court at 2406 W. Oceanfront. Fifty -two questionnaires were mailed; a total of 17 completed replies were returned. The responses were: • 8 property owners (representing 12 properties in this area)* did not want the volleyball poles removed. Rene Barge, the owner of the subject property, was included in the total of 12 property owners responded that they did not want the court removed. • 4 property owners wanted the volleyball poles removed. S property owners responded that they were ambivalent about the issue. 9 surveys were returned because of expired forwarding addresses. *Of the eight property owners who requested the volleyball poles not be removed, two each own three properties in the prescribed area. .L7oc..t�merrFs Attachments: 1. Resolution 92 -93 with list of approved Volleyball Courts, August 1992 -Pt"GV tousl4 P rov de 2. Request for removal, September 1, 1998. ♦_ �A Iq...�Q. 3. Procedures for Applying for Volleyball Court Removal or Relocation ^P' •J lj • Ito-12 F 29 IResubmitted — January 7, 1999 CITY OF NEWPORT BEACH COMMUNITY.SERVICRS DEPARTMENT PPLICATION FOR THE T�LLL<p 1)N;IYr BEACH VOLLEYBALL COURT ADDRESS Lr�';R CL %1���.'I�C��'( ZIP �Z(GG5 i- PROPOSED LOCATION T0: SIENEE The aforementioned person has applied to have a volleyball court placed in the location. listed above. The City requests your input on this issue. Once the city has received all of the necessary documentation, the Parks, Beaches and Recreation Commission will determine whether or not to approve the request. If you have any questions, please phone the Community Services Department at 644- 3151. ------------------------------------- --------- ---------- -- --- - - - --- 1) PRINTED NAME 9_j 0 R I LL' o PHONE 673 -93z ADDRESS �G �/ �� li��J �AanJt ZIP ye' G L 3 • SIGNATURE %Y)� e. >� /.1�. t� uJ APPROVE: YES NO 2) PRINTED NAME '01,y, PHONE�`i ADDRESS p2 d� W �- ZIP 1Z-&(j SIGNATURE nM)% J /ilif/i/ APPROVE: YES NO A4-0� 3} PRINTED NAME T�S jU�P P- rjJ��y, "PHONE(�,j 7n. ,3 -4�1�1 ADDRESS D� APPROVE: 6 ES NO SIGNATURE /// 7/7 Cl) G COMMENTS i GASS �✓� i'h a/ orc ✓a S C 4' h _- C o �ft/1 Ge 4) PRINTED NAME �� rc PHONE Pr ADDRESS �Ce! /o �r ZIP 7 t? SIGNATURE APPROVE: YES NO COMMENTS /VIv/s ✓ 1/1lW�.e 1 �•1.0 o COMMENTS APPROVE: YES NO GENERAL, SERVICES DIRECTOR DATE COMMENTS 00 5 ) PRINTED NAME ��((� / (, PHONE ADDRESS iP SIGNATUR APPROVE: YES NO COMMENTS 6) PRINTED NAME_ ADDRESS ZIP SIGNATURE APPROVE: YES NO COMMENTS 7) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE APPROVE: YES NO COMMENTS 8) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE APPROVE: YES NO COMMENTS 9) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE APPROVE: YES NO COMMENTS * Please make photocopies if additional signatures are required. ------------------------------------------------------------------- * CITY USE ONLY APPROVE: YES NO MARINE DEPARTMENT DIRECTOR DATE COMMENTS APPROVE: YES NO GENERAL, SERVICES DIRECTOR DATE COMMENTS 00 HARTWELL - CONSTRUCTION MEMORANDUM Date: January 5, 1999 To: City of Newport Beach Community Services Dept. From: Rene Barge Subject: Volleyball Court Removal Cc: Charles Hartwell Steve Hunt I Rene Barge property owner of 2408 W. Oceanfront, Newport Beach, authorize Charles Hartwell to file for application for removal of Volleyball courts located at 2406 W. Oceanfront, Newport Beach. You may contact me at (949)646 -6620 should you have further questions on this matter. t H11,� � Rene Barge 32 C. J City of Newport Beach COMMUNITY SERVICES NOTICE The Community Services Department will be reviewing the volleyball court playing area at this location: 2406 West Oceanfront This volleyball court location will be reviewed for removal at the Parks, Beaches and Recreation Commission meeting of Tuesday, March 2, 1999. All Commission meetings are conducted in the City Council Chambers, 3300 Newport Boulevard, beginning at 7:00 p.m. If you wish to make a statement concerning the removal of this court, please attend the meeting. Should you have any question, please contact Marilyn Fisher, Recreation Manager, at (949) 644 -3151. 33 ��— Community Services Department L� 1 ✓J 3300 Newport Boulevard Gryof%70. -IBU6 Newport Beach, CA 92658 -8915 COMMUNITY 3tll'IC11 949 - 644 -3151 FAX TRANSMITTAL FAX 949 - 644 -3155 Date: January 15, 1999 To: Councilmember Adams Councilmember Ridgeway From: LaDonna Kienitz, Community Services Dir it Subject: Status Report - Volleyball Court at 2406 W. Oceanfront Total Pages: 1 tvlca Status Report On January 6, 1999 the Community Services Department received a corrected preliminary application removal of the volleyball court at 2406 W. Oceanfront from tenant Charles Hartwell on behalf of homeowner, Rene Barge. The application is preliminary, since one requirement established by Council Resolution 92 -93 is not yet — documentation of formal notification of all property owners within 100 feet of the court address. Currently the recreation staff is working with homeowner Rene Barge to submit a completed application. • January 7, phone call with Rene Barge, regarding the instructions for the volleyball court removal. Mr Barge has agreed to submit a completed application following the policies and procedures of Cound Resolution 92 -93. • January 7, responded to call from tenant Eric Thurner, visited the site, discussed issues with six volleybal players and Mr. Thurner at the court. • January 11, discussion with Rene Barge regarding application. • Continued monitoring the courts. To date when court site was visited by staff on January 11, 12, 13, activity was occurring. • Pending the completion of the application from Rene Barge, staff will notice the court for 30 days prior the March 2, 1999, Parks, Beaches and Recreation Commission meeting, per Resolution 92 -93. 34 • 0 0 Parks, Beaches & Recreation Commission R-gular Meeting March 2, 1999 Page 3 10. Volleyball Court Removal — Manager Hunt reviewed the app4al'to, remove' the.voll6yball court at 2406 Oceanfront. He stated that a notice had been posted I i'oo'n-the court for 30 "days that staff. has. monitored the courts, a'nd'-is "Working. on lessening I - ''. the p . n "the near Ct h by residents-.", 6 Chair' 1 ' Beek opened the public hearing .... ... David Fulis 26 f "st'aftedt'ha"t"he' has 6 er'since iv member Eif'thii.�olleyball"'Oldy_`ancl supports the court'r`e'mammg b 1941,and, an .� actj'N Erik -th`U'rrd h6r��..2406 Ocea' infrdl"fif, 'statec!Ahac h Jhdd' , .. 1 11 1 1 �A arsY, e stated that ihiern6ri that reg6laRV7 ' pay there are 1pre professional, a hd -i use the court three to fqdrday's 4`w�leek` du'rng* the- summerand sometimes ra .a rowd.-He stated that the problem is haMng' the, court'u's6d: constantly, J quairt ... ... y.0T,IITe. MrjhU`mh6r` also " :T A noted that this is closer to me the: :ar 6j, ommission'er:,Skorb stated thiCjhe, &6h isAb."f 6i- it seems " uncbriceiva le -hat windows have:been broken from playing n", -111 Joel F4bcette, 24021/2 Oc6ariftont,'stated-Tihit' i� .... .. rs and works at hune—vr.-Fay' I I ure i that -couts�are�novt; P t I lab I laU LU, U I I eF,.MHnv nponip Timrnin 2tlthm,lnrmhnnv x;o'�, I L)UdrUWal K. mr;yyaw�sEatea triatlhe�voileyball coumshould rehidi- '5kE' �.chii'dreh ,H'e' also .stated that the .c6b'ftiN6uld'r�gffain ,,-.,r-,- L Charles Hartewell; 2408 Oc6ahfF6htj' stated z'Shat a`C lot * of the U ers� practice I I eco - u and .�that sometime the !balls :come -oiiid th `b.` there is d h-con 4 ---_'t'f6sion and e.' '6ardWalL, H' stated erosion of theb'each that stated at the'V,6116yball�.td6ft should be rerhov6d.,.H6',,st i d that the ob or 16 m really occurs in t e summer When -th eseOlayers actually di Isp I ace,peo"p I that co 6 down'for the sun Mr Har6we distrb'df6d his p an f or th e re I ocati on of the courts Commissioner Skoro asked Mr. Hartewell if he was renter . . H' was but stated that he wa but had a first option to buy. Chair Beek asked him if he personally had witnessed the players asking people to move so that they can play volleyball. Mr. Hartewell stated yes. DD Parks, Beaches & Recreation Commission Re;ular Meeting March 2, 1999 Page 4 Brad Dorfman, 2402 W. Oceanfront, stated th play causes conflict, becomes :a spectator.;spo, happen. He stated that it is very frustrating not the house without the possibility of being hit N court 4 r: Start Hatch, 1547 Orange Avenue, Costa NI'e courts at 24 ,:.Colton, and 32 . street are usei`;' tazavi, 24C Totten to be 11824 th n that .live tanother0 players are great, but the sport as they As appear, and accidents can and 'do able to have fnehds sit down i front of ,olleyball.. He urged the removal of "the mr.. vietz stateo that they sometime remmo the puouc of tne''no pro$tanity_ruie l 45hA_ '•' •+ C Y' Chair Beek closed the public heannax zw { h�; COmmI- Stoner Sinclair stated that. volleyball attracts,.peopI" and that should be a positive; .. ✓e x.� 'x 1. thing., 'She' also stated that the Bier area is always going toibe congested Commissioner Smclau stated That the volleyball players should continue to play, police the area and adhere to tfie'no profanity rule �L Motion by Commissioner Sinclair that the volleyball court at 2406 W.-.0ceanfront remain. Motion carried by acclamations Chair Beek asked the players to be respectful of the homeowners and to try to be good neiphhnrc r1 L_J • 11. Tree Removal Anneal — Director Niederhaus stated that a requested that the Brazilian Pepper be removed about a year r an Forester has stated that the tree is healthy and although th P some minor hardscape damage, it will be repaired. Staff is not c at any sewer damage is caused by this tree. 36 II`6v 10) MARCH 2, 1999 COMMUNITY SERVICES DEPART,mENT ARTS & CULTURAL • LIBRARY - RECREATION - SENIORS • To: Parks, Beaches and Recreation Commission From: Steve Hunt, Senior Recreation Manager Marilyn Fisher, Recreation Manager Re: Volleyball Court Appeal RECOMMENDATION Maintain the volleyball court at 2406 W. Oceanfront. CITY COUNCIL RESOLUTION City Council Resolution Number 92 -93, approved August 24, 1992 established the regulations controlling the installation and maintenance of volleyball playing areas on the public beaches in the City of Newport Beach. Item 7 of that resolution states: Applications for removal or relocation of existing courts shall be submitted for approval by the Parks, Beaches and Recreation Commission. Submitted applications shall include a map and written acknowledgment or proof of attempt to notify by certified mail the property owners. The location must be posted thirty days in advance with a notice of the proposed removal. 10 BACKGROUND At the Parks, Beaches and Recreation Commission meeting on January 5, 1999, the Commission reviewed a request by Charles Hartwell, a tenant at 2408 W. Oceanfront, dated September 1998, for the removal of a beach volleyball court at 2406 W. Oceanfront. After discussion and public input, the Commission voted 7 -0 to retain the volleyball court. To appeal the Commission action of January 5, 1999 Charles Hartwell resubmitted an application on January 7, 1999 for removal of the volleyball court at 2406 W. Oceanfront. The application from Mr. Hartwell included a letter from the owner of the property, Rene Barge, i, endorsing the application. Staff waived the required survey and proceeded to properly post the 30 -day notice at the volleyball court to announce that the public hearing would be held on March 2, 1999 to review the possible removal of the court. In an effort to respond to residents' concerns, the Community Services staff has been monitoring the court on a frequent basis since December 1998. During the winter months, the courts are not used as often as in good weather. Currently, the courts are generally used on Friday, Saturday and Sunday afternoons. One staff site visit resulted in a discussion with players and a concerned resident. The result of the discussion was that the players expressed a commitment to work with the residents to lessen the impact of their presence at this court. • Attachment - Request for Removal, January 7, 1999, with attached letter from Rene Barge 37 b'.i'1'N_d C& VnlleHbal 1 Cc,,Lr(: City of Newport Beach COMMUNITY SERVICES NOTICE The Community Services Department will be reviewing the volleyball court playing area at this location: 2406 West Oceanfront This volleyball court location will be reviewed for removal at the Parks, Beaches and Recreation Commission meeting of Tuesday, March 2, 1999. All Commission meetings are conducted in the City Council Chambers, 3300 Newport Boulevard, beginning at 7:00 p.m. If you wish to make a statement concerning the removal of this court, please attend the meeting. Should you have any question, please contact Marilyn Fisher, Recreation Manager, at (949) 644-3 1 5 1. 38 CITY OF NEWPORT BEACH COMMUNITY.SERVICFS DEPARTMENT APPLICATION FOR THE BEACH VOLLEYBALL COURT NAME PHONE N %rp /. I c 5 (Lr A`T�.•� �� ADDRESS 7r� :'1 ��'. �'� �VI �rC %'i ZIP q2&&5 PROPOSED LOCATION L. S T i. ! T0: SIGNEE The aforementioned person has applied to have a volleyball court placed in the location listed above. The City requests your input on this issue. Once the city has received all of the necessary documentation, the Parks, Beaches and Recreation Commission will determine whether or not to approve the request. If you have any questions, please phone the Community Services Department at 644- 3151. ---------------------------------------------------- ------- -- - - - - -- 1) PRINTED NAME i���J�R1� A,�L�2o PHONE 7 /171- GT3-c23Zi ADDRESS ZIP y �' L 3 SIGNATUR E>< APPROVE: YES NO COMMENTS W /n/0/ 3-'s Afl k . - ;ez A 014'k / 2) PRINTED NAME , �i/y/l7( /1� PHONE -W `I (p*'S VY0Y ADDRESS L SIGNATURE COMMENTS. iD P z-&g(.3 APPROVE: YES NO as 3) PRINTED NAME �li i� P -�Ll X111/ PHONE �% / r%a Z —Q�Q� ✓ AIL z� ADDRESS 0,6 z I P 72 SIGNATUR /// /�/ APPROVE: ES NO COMMENTS �{/0/5� 3GiGA5S I'll h 0141f ¢ °�TZOh 4) PRINTED NAME 4 01��"�/ ,r l� cJ��PHONE ADDRESS SIGNATURE COMMENTS O/S 'moo `L J zIP � 7 C4 APPROVE: YES NO I �^e� S /76--- 7 39 5) PRINTED NAME SIGNA 6) PRINTED NAME ADDRESS PHONE �¢ --Z'IP -� APPROVE: YES NO IP SIGNATURE APPROVE: YES NO COMMENTS 7) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE APPROVE: YES NO COMMENTS 8) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE APPROVE: YES NO COMMENTS 9) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE COMMENTS PROVE: YES NO * Please make photocopies if additional signatures are required. ------------------------------------------------------------------- * CITY USE ONLY * APPROVE: YES NO MARINE DEPARTMENT DIRECTOR DATE COMMENTS GENERAL SERVICES DIRECTOR DATE COMMENTS APPROVE: YES NO 0 1 HARTWELL CONSTRUCTION MEMORANDUM Date: January 5, 1999 To: City of Newport Beach Community Services Dept. From: Rene Barge Subject: Volleyball Court Removal Cc: Charles Hartwell Steve Hunt I Rene Barge property owner of 2408 W. Oceanfront, Newport Beach, authorize Charles Hartwell to file for application for removal of Volleyball courts located at 2406 W. Oceanfront, Newport Beach. You may contact me at (949)646 -6620 should you have further questions on this matter. Rene Barge �-� / 41 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 12, 1999 - 7:00 P.M. CLOSED SESSION – 6:00 p.m. With Mayor Pro Tem Thomson and Council Member Glover absent, pursuant to G.C. §54954.2(b)(2) the Council voted unanimously to add Arthur vs. City of Newport Beach to the Closed Session agenda to discuss issues that arose after the posting o the agenda. CLOSED SESSION REPORT PRESENTED – None ROLL CALL Present: Adams, Thoi. Absent: None Pledge of A110FISce – Mayor O _ ;1. by Council Member Deb:. Debay, Ridgeway, Noyes, Mayor O Neil Pro—clamation recognizing April 11 -17, 1999 as presented to Library Board Chairman Jim Wood., MATTERS WHICH COUNCIL MEMBERS WOULD LM PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NO DISCUSSION ITEM! Council Member Debay requested that staff bring back a report regarding the problems with the volleyball courts and their close proximity to the homes in the 2400 block of West Oceanfront. Council Member Noyes announced that the Endeavour will be in Newport $ each for one week starting on Friday, April 16th. He also announced that st at 8:00 a.m. and throughout the day on the 16th they will be firing a cannon. Council Member No suggested that a joint meeting be held with the City of Costa Mesa on comm sues for both cities (school district, ABLE program, traffic issues, etc.) an ed that staff contact the City of Costa Mesa. Mayor O'Neil requested a report on the refore n along Pacific Coast Highway in Corona del Mar. General Services for Niederhaus explained the project, the liability from the ficus trees that removed, INDEX 0 the different phases of the project and the reforestation that is t lace 0 Volume 52 - Page 420 42 City of Newport Beach City Council Minutes April 26, 1999 IND&X OF LIBRARY TRUSTEES TO TRANSFER SALARY SAVINGS IN T y omputei AMOUNT OF $75,000 TO THE MAINTENANCE A ON, Upgrades & AND THE CAPITAL EQU�BRANCHTIRZAJRS. C OF THE LIBRARY Library Branch BUDGET IN ORD ERE NEEDED COMPUTER Repairs UP IBRA Approve BA -063. (40/50) 22. REPORT ON VOLLEYBALL COURT AT 2406 WEST OCEANFRONT. Volleyball Court/2 Receive and file. W. Oceanfront (62 23. Item removed from the Consent Calendar by Council Member Noyes. Motion by Mayor Pro Tem Thomson to approve the Consent Calendar, except for those items removed (4, 16 and 23) and those items continued (9). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORON Parking Lot DEL MAR PARKING LOTS. Fees/ Balboa Pier & Council Member Noyes expressed his desire to have the PROP C mittee CdM Parking Lot review the suggested revisions before the resolution is approved the City Council. He stated that the amendment provides an opportun' to possibly make other adjustments. Council Member Ridgeway stated that he will be a riding the Balboa Merchants Owners Association quarterly meeting a following day and could bring this topic up at that time. Motion by Council Member Noves to con ' ue the item for 30 days to allow time for the PROP Committee to revie . Without objection, the motion carried b cclamation. 16. CHANGE OF DESIGNATED ST ET TREE ON SERRANO AVENUE. Designated Street Trees on Council Member Ridgeway st ed that since the last City Council meeting, a Serrano Avenue meeting with the applicant as held to discuss this issue and a compromise (62) was reached. Motion bv Counci ember Ridaewav to require that a) two of the three trees removed at 18 Serrano Avenue be replaced with 24" box magnolias, with root barr' s attached; b) the rock closest to the fire hydrant, not encroachment permit, be removed; and c) the three Norfolk- pines nsplanted in the new Japanese garden at the Central Library o sago palms, to be paid for by the applicant. /be il confirmed that the trees that were not approved will be h approved designated trees, and the City will receive the trees g removed as well as two sago palms. Volume 52 - Page 449 43 Item No. 22 April 26, 1999 CONVAUNITY SERVICES DEPART,1AENT ARTS & CULTURAL LIBRARY RECRFiTION - SENICRS To: Mayor & Members of City Council From: Steve Hunt, Senior Recreation Manager Re: Volleyball Court at 2406 West Oceanfront At the City Council meeting on April 12, 1999, a councilmember requested information regarding the volleyball court at 2406 W. Oceanfront. The matter was also raised during Public Comments at the same meeting. CITY COUNCIL AUTHORIZATION OF THE VOLLEYBALL COURT5 Formal City Council approval of volleyball courts on public beaches was originally undertaken in a Council resolution in 1982. The resolution established regulations for controlling the locations, installation and maintenance of the courts; it was revised in 1987. The current applicable revision is Council Resolution No. 92 -93, approved August 24, 1992. There are 67 courts located along the City's six and a half -mile coastline. The authorized list includes courts at 24" Street, 26'" Street, and 28'" Street. Historical aerial photos indicate that a 'court at 26'" Street was never installed. These same photos clearly show courts at the 24" and 28'" street locations Resolution 92 -93 states, "no volleyball courts shall be installed within fifty feet (50') of a property line or sidewalk." The courts at 24'" Street and 28" Street are 50' from the boardwalk. BACKGROUND ON COURT AT 2406 W. OCEANFRONT In September 1998, the Community Services Department received a request from Charles Hartwell, tenant at 2408 W. Oceanfront, requesting removal of the volleyball court at 2406 W. Oceanfront. The application for removal did not notice the property owners within 100 feet of the volleyball court, a requirement of the resolution. The Community Services Department assisted the applicant by noticing all property owners within 200 feet of the volleyball court. The response from the owners within 100 feet, including the owner of Mr. Hartwell's residence at 2408 W. Oceanfront, indicated that the court should not be removed. Applicant Hartwell was notified by letter stating that his request was denied, and that he had the right to appeal the decision to the Parks, Beaches and Recreation Commission. Mr. Hartwell spoke during Public Comments at the Parks, Beaches and Recreation Commission meeting on December 8, 1998, and requested that the removal of the volleyball court be included on the following agenda. At the Parks, Beaches and Recreation Commission meeting of January 5, 1999, Commissioners reviewed Mr. Hartwell's request. Aker review and public input, the Commission voted 7 -0 to retain the volleyball court. On January 7, 1999, Mr. Hartwell appealing the Commission action resubmitted an application for removal of the volleyball court at 2406 W. Oceanfront. This time the application from Mr. Hartwell included a letter from Rene Barge, the owner of Mr. Hartwell's residence, endorsing the application. Staff waived the required survey and proceeded to properly post a 30-day notice at the volleyball court to announce that a public hearing would be held on March 2, 1999. At the Parks, Beaches and Recreation Commission meeting on March 2, after review A bl' . h C AI b II rt E 0 an pu Ic Input, t e ommisslon vote 7 -0 to retain the vo ey a cou . 44 Volleyball Court at 2406 West Oceanfront Page 2 In an effort to respond to the concerns of the residents in the area, Community Services staff have monitored the court on a regular and frequent basis since December 1998. During the cooler months, the courts are not used as often as in good weather months. Currently, the courts are generally used on Friday, Saturday and Sunday afternoons. During one staff site visit, a discussion between players and a concerned resident resulted in a commitment by the players to work with the residents to lessen the impact of their presence at this court. There are no organized games or tournaments held at this site. For this report, staff researched police reports for the 2400 block of West Oceanfront and interviewed Marine Division staff about impact from volleyball players using this court. Police reports indicate that there were fifteen calls from residents in the 2400 block of Oceanfront during the last 12 months. Twelve of the calls are identified and do not involve volleyball play. There is no specific information available in the record on the subject of three of the fifteen calls. These calls did occur during daytime hours; it is not possible to identify whether they are volleyball related. Marine Division staff state that on weekends during the summer months the level of volleyball play at this court draws spectators. They have a concern of maintaining access to the beach from the West end of the parking lot. The staff has and will continue to mitigate impact on this beach access point by utilizing cones or temporary fencing. During weekdays and non - summer months, volleyball court use does not have any effect on the beach access. 10 Attachments: 1. Resolution 92.93 -Dior-L4 men-I r e I DI.tS rOV t 2. Sketch Map Q de on gyp. 5 • 45 NEWPORT PIER 46 City of Newport Beach City Council Minutes May 24, 1999 question as to it this permit would lust displace vehicles to another block. He added that he also questions if the current nonresidents parking is a source of unreasonable noise, traffic hazards, environmental pollution or devaluation. Council Member Debay stated that she was surprised that staff was recommending this, but that she feels that if it has been found to be reasonable, she can support it on a trial basis. She also pointed out that thq permits would not be limited to residents. 7 Council Member Ridgeway stated that on the peninsula, where he liv , it is common practice to move cars to save parking spaces. He added at he is bothered by the fact that some of the Hazel Drive residents war out of the their homes and may not be using their garages. He stated at he could maybe support the two -hour parking time limit but n oy le preferential parking permit. City Attorney Burnham stated that, in addition tc a previous criteria mentioned, he also questions if Section 12.68.030 (G hich states that other alternative solutions have been found to be unf sible or impractical, has been met. Council Member Noyes stated his undersyEding of the residents' request that they be given both the time limit anyhe permit, or neither. Mayor O'Neil stated that he under od it the same way. He agreed that Hazel Drive has some unique ch cteristics, He stated that he's not too concerned about setting a prece t, because he feels that other areas in the City may warrant preferentia -king also. Motion b Ma or N to approve asix -month trial for preferential parking on a two -hour sis on Hazel Drive from the alley north of Coast Highway to Second A nue. The motio/idge�way, y the following roll call vote: Ayes: Glover, Mayor O'Neil Noes: Noyes, Adams, Thomson PNeil stated that the matter is difficult to resolve, but a solution be found. 06uncil Member Debay stated that she recently requested a report on what the costs are to increase enforcement of existing preferential parking restrictions. She stated that employees of businesses that park on nearby residential streets need to change their habits, when commercial space is available to them. INDEX 27. BEACH VOLLEYBALL COURT AT 2406 W. OCEANFRONT. Beach Volleyball Court at City Manager Bludau stated that the item was back before the City Council 2406 W. Oceanfront at the current meeting because a resident claimed that he was not given (62) is Volume 52 - Page 497 47 City of Newport Beach City Council Minutes May 24, 1999 INDEK • proper notification when the matter was before the City Council at its meeting of April 26, 1999. City Manager Bludau stated that the City Council could decide to leave the volleyball court in front of 2406 W. Oceanfront, move it to another location or eliminate it from the current location. Charles Hartwell, 2408 W. Oceanfront, stated that the volleyball court in question is under high use and is in a very crowded area. He stated that the regular volleyball players seem to own the court and it's not a public beach anymore. He stated that he believes the court should be removed. Stan Hatch, 1547 Orange Avenue, Costa Mesa, stated that he is a player on the court at 2406 W. Oceanfront and, responding to the previous speaker's comments, feels he and the other players respect the public's right to use the beach. He added that they often leave their personal net up for others to use. He stated his concern for just moving the court to another location because it doesn't address the situation. He stated that the players have worked with the City s Senior Recreation Manager and the only real improvement that was considered was for the players to warm up at the ends of the court instead of between the court and the boardwalk. Andy Reinking, 6001 Newport Shores Drive, a player at the 2406 W. Oceanfront court, stated that he collected 647 signatures on the opinions of the public and businesses in the area. He stated that 276 of the signatures were residents, 43 were businesses and 328 were non-residents. He stated that all enjoyed watching play and/or having access to the volleyball court. Mr. Reinking added that the current location of the court is convenient for several reasons. He concluded by stating that. they clean up after themselves . and allow others to use the court. Council Member Debay stated that she has been to the site. She stated that although the court is the required distance from the boardwalk, it is near the start of the bike path at the west end of the parking lot. She stated her understanding of the fellowship that goes along with having a regular court to play at, but she expressed her concern for the number of people that gather to watch the regular players and the congestion that takes place at that location. She asked if Mr. Reinking and the other players could encourage the people that gather to continue moving along the boardwalk or move onto the beach. He stated that they could do so and that it was a good suggestion. Brad Dorfman, 2402 W. Oceanfront, stated that the players are not causing the problem, it's the location of the court that is the problem. He agreed with Council Member Debay that it's a very congested area to begin with. He added that it is not just the area contained within the volleyball court, but the area where the ball will often fly outside the court. He stated that he doesn't think that he, as a resident, should have to endure a flying volleyball that could cause property damage or personal injury. He added that the volleyball court used to be at 261h Street, where he feels there is more room. He said the regular players are good and lots of people enjoy watching them. Moses Morezabi, 2406 W. Oceanfront, stated that he is in favor of moving the volleyball court from 241h Street to 26th Street because the people that gather Volume 52 - Page 498 4$ 0 City of Newport Beach City Council Minutes May 24, 1999 block his view. He thinks it makes sense to move it to 2(itn Street because that location would be at the end of an alley. Patrick Daw, 259 Lower Cliff Drive, Laguna Beach, stated that the Parks, Beaches and Recreation Commission voted 7.0 in favor of keeping the volleyball court at its current location. the court to provide entertainment for problems will occur at 26th Street. He added that the Commission found the public. He stated that the same Council Member Ridgeway requested that staff provide more information on the subject. He understands that this issue has been ongoing for some time and he would like more background information on what has taken place to date. He also requested statistics on how many of the volleyball courts on the peninsula are within 50 feet of the sidewalk. He stated that the court in question is a problem because it is next to a public parking lot and in a congested area. City Manager Bludau stated that none of the beach volleyball courts are within 50 feet of a property line or sidewalk, per Resolution 92 -93. Council Member Ridgeway restated his request and asked for a report of the courts that are at the 50 -foot mark versus those that are farther out. Community Services Director Kienitz confirmed that no courts are within 50 feet, but that staff could gather the information that Council Member Ridgeway is requesting. Council Member Debay stated that the beach is narrow at the 24th Street location, and the court can't be moved closer to the water because the beach slopes at that point. Council Member Ridgeway stated that when the additional information is provided by staff, the City Council may decide that 50 feet isn't enough in congested areas such as the 24th Street location. Council Member Noyes confirmed with Council Member Debay that the slope disallows moving the 24th Street court any closer to the water. Council Member Noyes also agreed that all the information on the subject should be provided to the City Council. Council Member Ridgeway and Council Member Noyes both mentioned beach volleyball courts that are much farther than 50 feet from the boardwalk. Council Member Ridgeway expressed concern over the firmness of the sand in this location and the ability for the ball to bounce into the parking lot. Council Member Glover confirmed that the volleyball court in question is in District One, Council Member Ridgeway's district. Motion by Council Member Ridgeway to continue the item to June 28, 1999, to allow staff to provide the City Council with more backup information. INDEX Volume 52 - Page 499 49 City of Newport Beach City Council Minutes May 24, 1999 Council Member Debay stated that probably another attraction of the current location for the players is the access of the nearby parking lot. Council Member Noyes again asked about moving the current court farther out. The players in attendance stated that it could maybe be moved out ten feet, but that there also has to be room left for the lifeguard vehicles on the water side of the court. Without objection, the motion carried by acclamation. Council Member Debay asked about the width of the beach at 251h Street, and was told that it was the same. INDEX 28. BALBOA BOULEVARD REHABILITATION, MAIN STREET TO "G" C -3176 STREET — AWARD OF CONTRACT (C -3176) AND APPROVAL OF BA -066 BUDGET AMENDMENT (BA -066). Balb10 Council Member Ridgeway stated that the Balboa Merchants Owners 8/40) Association supports either option 2(A) or 2(C), but that they prefer 2(A). Motion by Council Member Ridgeway to approve the pla and specifications; award contract (C -3176) to Los Angeles Enginee g and authorize the Mayor and the City Clerk to execute the contract the total bid price of $574,564.10 for Alternate . "A ". (pavers in t adway and sidewalk areas at the intersection of Balboa Boulevard Main Street); establish an amount of $57,000 to cover the cost of oreseen work in Alternate "A"; and authorize a budget amendment A -066) to transfer appropriations of $131,564.10, as described in the s report. Without objection, the motion carried by amation (Council Member Thomson was absent during the vote). NEW BUSINESS 29. 30TH STREET STORM DR ENVIRONMENTAL AND PROJECT C -3289 COORDINATION. 30th Street Storm Drain City Attorney Burnham ounced that staff would like the City Council to Environmental and consider an item that se after the posting of the agenda. He summarized Project Coordination the staff report as i as handed out to the council members. (38) Motion bv C ncil Member Glover to approve consideration of the item at the curr meeting, based on the fact that the need to take action arose after the sting of the agenda. Wi ut objection, the motion carried by acclamation. lotion by Council :Member Ridgeway to approve professional services with J. H. Douglas &Associates for Environmental and Project Coordination Volume 52 - Page 500 50 Agenda Item No. 27 May 24, 1999 COMMUNITY SERVICES DEPARTMENT ARTS & CULTURAL - LIBRARY - RECREATION - SENIORS To: Mayor & Members of City Council From: LaDonna Kienitz, Community Services Director /City Librarian Re: Beach Volleyball Court at 2406 W. Oceanfront The City Council, at the meeting of May 10, requested that a review of the current beach volleyball court at 2406 W. Oceanfront be placed on the Council agenda. RECOMMENDATION a) Make no changes to the current placement of the beach volleyball courts, including the court at 2406 W. Oceanfront. or b) Retain the court at 2406 W. Oceanfront and install an additional beach volleyball court at the previously authorized site at 26'h Street. or C) Remove the beach volleyball court at 2406 W. Oceanfront and install a beach volleyball court at 26'h Street. BACKGROUND City Council Authorization of the Volleyball Courts City Council approval of volleyball courts on public beaches was originally undertaken in a Council resolution in 1982. The resolution authorized specific and established regulations for controlling the locations, installation and maintenance of the courts. It was subsequently revised in 1987. The current revision is Council Resolution No. 92 -93, approved August 24, 1992. There are 67 authorized courts located along the City's six and a half -mile coastline. The authorized list includes courts at 24'h Street, 26`h Street, and 281h Street. However, historical aerial photos indicate that the court at 26'h Street has never been installed. These same photos clearly show courts at the 24`h and 28'h street locations. Resolution 92 -93 also states, "no volleyball courts shall be installed within fifty feet (50') of a property line or sidewalk." The courts at 24'h Street and 281h Street are each 50' from the boardwalk. 51 Beach Volleyball Court at 2406 West Oceanfront Page 2 Court at 2406 W. Oceanfront In September 1998, the Community Services Department received a request from Charles Hartwell, tenant at 2408 W. Oceanfront, requesting removal of the volleyball court at 2406 W. Oceanfront. The application for removal did not notice the property owners within 100 feet of the volleyball court, a requirement of the resolution. The Community Services Department assisted the applicant by noticing all property owners within 200 feet of the volleyball court. The response from the owners within 100 feet, including the owner of Mr. Hartwell's residence at 2408 W. Oceanfront, indicated that the court should not be removed. Applicant Hartwell was notified by letter stating that his request was denied, and that he had the right to appeal the decision to the Parks, Beaches and Recreation Commission. Mr. Hartwell spoke during Public Comments at the Parks, Beaches and Recreation Commission meeting on December 8, 1998, and requested that the removal of the volleyball court be included on the following agenda. At the Parks, Beaches and Recreation Commission meeting of January 5, 1999, Commissioners reviewed Mr. Hartwell's request. After review and public input, the Commission voted 7 -0 to retain the volleyball court. On January 7, 1999, Mr. Hartwell, resubmitted an application for removal of the volleyball court at 2406 W. Oceanfront and included in his application a letter from Rene Barge, the owner of Mr. Hartwell's residence, endorsing the application. Staff posted the required 30- day notice at the volleyball court, announcing the public hearing on March 2, 1999, at the Parks, Beaches and Recreation Commission meeting. At the March 2 meeting, after review and public input, the Commission voted 7-0 to retain the volleyball court at the present site. An informational report on the placement and use of the volleyball courts on the beach was requested by the City Council and placed on the April 26 agenda. There was no public discussion at that meeting. Authorized Court at 26'h Street Placement of a beach volleyball court at the authorized 26' Street site could result in similar local opposition. In 1998, sand berms built to combat the heavy storms impeded on the 2406 W. Oceanfront court. During this period a court was installed at 26`" Street. After the berms were removed, a resident complaint resulted in the relocation of the court on 26'" Street to the original location at 2406 W. Oceanfront. Except for that brief period, there has not been a court at 26`" Street for at least 15 years. Minimal street parking could add to the possible impact at this site. Activity at the 2406 W. Oceanfront Site Staff contacted other City departments for records of activities on the 2400 block of W. Oceanfront. Police Department reports indicate that there were fifteen calls from residents in the 2400 block of Oceanfront during the last 12 months. Twelve of the calls are 52 Beach Volleyball Court at 2406 West Oceanfront Page 3 identified and do not involve volleyball play. There is no specific information available in the record on the subject of the three other calls. These calls did occur during daytime hours, but it is not possible to identify whether they are volleyball related. Marine Division staff state that on weekends during the summer months the level of volleyball play at this court draws spectators. There is an ongoing concern of maintaining access to the beach from the west -end of the parking lot. Marine staff have and will continue to mitigate impact on this beach access point by utilizing cones or temporary fencing. During weekdays and non - summer months use of the volleyball court has no effect on the safety of the beach access. In response to the concerns of the residents in the area, Community Services staff have monitored the court on a regular and frequent basis since December 1998. During the cooler months, the courts are not used as often as in good weather months. Currently, the courts are primarily used on Friday, Saturday and Sunday afternoons. During one site visit by staff, a discussion between players and a concerned resident resulted in a commitment by the players to work with the residents to lessen the impact of their presence at this court. There are no organized games or tournaments held at this site. Attachments: 1. Resolution 92 -93 — D0CLkMe +S PreN I OLtS 1 4 2. Sketch Map P rtOv t deal an PP. 5-1; 41 0 53, PAuFI c o oC/i N z6, MAy `iy w W� sC>M VDL(.E`l6/+c.L GoUR:`( PrZoFILE. S7 ror3 ^Vey I Top Go u 2 S cAtSC- c CA SE z PATIO SEE PA 2 k4 3 ra R DI MCNS(oNS S�D� anuc �2_iJ�DE s "- . APPROVED BEACH VOLLEYBALL COURTS DECEMBER 10. 1992 -'-:'ADDRESS OF COURT MAP NEARF y. w14- :N6rdina: St 1 -A Nordi .;;7008: W. Oceanfront Sc. 1 -A Highland `- %,Grand St (tandem) 1 -A Grant : 6900` W:. Oceanfront 4 ) swwrel -A Fern 6702 :W: Oceanfront (tandem) 1 -A Colton .�;z; :Lugonia -. :St Zio 1 -A Lugonia "',•'6310 :W. Oceanfront !!Zj 1 -A Cedar {6208.W; >• Oceanfront 36 1 -A Prospect 36 5 C-A'SHOR.G- 1 -B 61st 16S 79 1-B 58th at '5,7o3- st<o2E 1 -B 56th & 57th .6! 53xrd�St'. 85. 1 -B 53rd C y'. 4, OToiT., , aiwErCiT� SEAS Holze 1 -B 49th & 50th 4'60p5FCW' °:= Sr A5Ho2E 1 -C 46th & 47th >L (steel) 1 -C 43rd "Fa4 ndi St ' _ steel 1 -C 42nd (steel) 1 -C 41st 3'9A9';;W.', sE�SNOR� 1 -C 39th & 40th 1 -C 38th ;4th?st` (plastic) 2 -D 34th 2 -D 30th �. t pt... • . 2 -D 28th nn:S 2 -D _ 26th {JA;- `Oceanfront 2 -E 24th & 25th s.,,..oceanfront (tandem) 2 -E 20th - Oceanfront 2 -E 18th 162,0 ;X v` Oceanfront V. 3 -F 17th Oceanfront 3 -F 16th 'Oceanfront 3 -F 15th ..;c12W,::Oceanfront 3 -G 13th +=1`034W�`fOceanfront 4 -H 11th 1004�"W. ceanfront 4 -H 10th >9Y4.' =W.. Oceanfront 4 -H 9th Oceanfront 4 -H 9th Oceanfront 4 -H 8th Oceanfront (tandem) 4 -H 7th ,7;10;.:i'.W. 706;_ ;.W.; >,'Ocear,,front 4 -H 7th `•.614 :W.` ;.Oceanfront 4 -H 6th r106` E,..:.Oceanfront 4 -I Island' xy. F'E: Oceanfront 4 -I Coronado +..216 Oceanfront tandem 4 -I Coronado 10.08',E. Oceanfront 7.E..,:.Oceanfront 5 -J B (stadiumg 5 -J C ;. 1213?:E.'.;Oceanfront 5 -J D & E V '`'1309`E:: %:Oceanfront r`. 5 -K E ;Y9 - ' ...Balboa 5 -K F .Blvd Oo^ W. QC4FAn[ P2oMY T/tNPC-&I QA6C -L OF 3 n So Sc. 4r'6.::',�: 'rb 3 too L 90 350 17,6 ;.z7o`{. (3Z. S Z(o (! 3L. Zio 7S 36 Z4•o !!Zj 36 17o `i 7 36 z 3o 50 36 A 00 j 63 36 16S 79 36 1 75 G S 37:. 3S 53 3c :: 85. 313 41 49 SG s >L co 55 36 56 44 -t3 133 36 ►'� 98 36 -2zo , l2 36' Loo'. 17,6 ;.z7o`{. 1 r!e 36 71 3 56:''1: 107 36 315, :.. I zo 4'7 OS 34S' 50 36 A 00 j 94- 3G, '370 too ate ' 380.': (06 46 360 +4, +'Z6 3Zo 4`10.1 U4 Z3S 86 55 i i 55 MAP �;.yj141VOcean Blvd END 5 -K :4?T556 ':Ocean Blvd 5 -K r :1:71:2'';0cean Blvd SS 5 -L 2.100:; Ocean Blvd G 5 -L 17:th"'St (on Bay) 3 -F ,,Cove .St (China Cove) 6 -M : CdM:St Beach (tandem) 6 -M .:;CdM'St Beach (eight.- steel) 6 -M 41. {r -COURTS REMOVED ADDRESS OF COURT REMOVAL DATE 7108w'W. Oceanfront May 1, 1991 69th- >St May 1, 1991 4307;W. Oceanfront May 1, 1991 40th St May 1, 1991 1750.Ocean Blvd May 1, 1991 2140 Ocean Blvd May 1, 1991 r, tic 3 aF3 NEAREST STREE END G & I M 17th Cove SS Ti; o G 36 35- 160 ) zi East end of beach West end of beach NEAREST STREET END Nordina 59th 43rd & 44th 40th L Channel Road O C.LRM 0046 9 - ° @l41 II!�n6 h5 @87 118e51 Z¢pr_ W. OCEAN F20,.("r .. a VBPOLES 12/10/92 �M 6ij t iz? -dzs rls e o f=D6t SW IZ° ✓rDC 56 0. �J Cigof Newport Beach ,OMMUNITY SERVICES • • January 7, 1999 Rene Barge 408 315` Street Newport Beach, CA 92663 Dear Mr. Barge: P.O. BOX 1768. 3300 NEWPORT BLVD NEWPORT BEACH. CA 91658.8915 PHONE 714- 644 -3151 FAX 714. 644.3155 Per our conversation today, attached is the application to remove the volleyball court at 2406 W. Oceanfront. The policy requires the application be completed and submitted by the homeowner. As indicted, formal notification to all property owners within 100 feet of the court address is required. The list of homeowners within 100 feet of 2406 W. Oceanfront is enclosed. The completed application must be received by this office no later than January 28 to be included on the March 2, 1999 Parks, Beaches and Recreation Commission agenda. As stated, when we met, the City is glad to work with the homeowners to correct the problem with the volleyball players. Please contact us or the Police Department when a problem arises with the volleyball players. It is helpful to have the formal documentation of how the players are encroaching on your property and use of the property. If you have any questions, please contact me at (949) 644 -3159 Sincerely, \51grl Fish \ Marilyn er Recreation Manager Enclosures cc Steve Hunt, Senior Recreation Manager 57 Ciryer �ewporc kch COSI)i Nr ?y i - I iiCi.i «FirscNamen aLas[Name>> aAddress 1» «City» . a$tate>> «PostalCode» Dear «Salutatiom> (4 LastName» zr';,,.:... LwreesPandence added +0 J0`"1U0L'L! 51 lggq Pa.,. P, M}9 F The City of Newport Beach has received a request from a tenant at 2!03 West Ocean Front to remove a beach volleyball court at 2406 West Ocean Front. The City requests your input as a property owner on the issue of whether or not to remove the beach volleyball court at 2406 West Ocean Front. Please complete the following information and return it before October 16, 1993 co: City of Newport Beach Community Services Department 3300 Newport Beach Newport Beach. CA 920563 J J /,{[��/% �/� // Printed iar`rte.7l1C /7 LPL =1C /�/ /T'` //] /Iglallo4ne Number 9 —� 7� �' ' Signature: Address: � /(� _ -�- le ' I am in favor of r vinY the poles. d•� I am not in favor of removing the poles'; I am ambivalent about [ z issue. Comments: cr It" you have any question=_. please contact me at 949) 644 Since- %larilvn Fisher Recreation Tana _• u 58 0 0 02 %24/99 1'_:46 $909 623 3532 RAY Slt'AN50S S CO 14-p -+'1 !\l -) Morch -J., 1999 Todd Swanson 1048 Irvine Avenue, #474 Newport Beach, California 92660 February 24, 1999 Attention: Terry Craig Parks, Beaches and Recreation Commission 3300 Newport Boulevard Newport Beach, California 92658 Re: Objection to the removal of the volleyball court at 2406 Oceanfront. I wanted to formally state my objection to the removal of the public volleyball court at 2406 Oceanfront. I have enjoyed the public beaches of Newport for fifteen years, and have been a resident for the last eleven, and am shocked to hear of this proposal to remove a public facility. Public facilities have always been available in Newport Beach; whether it be the boardwalk, the pier and restrooms, or the volleyball courts. It would be a shame to see a public facility that is enjoyed by so many spoiled because of the views of a small minority. Respectfully, Todd Swanson 2001 59 BROKERAGE SERVICES February 25, 1999 CB © Richard Ellis CB Richard Ellis, Inc. 5800 South Eastern Avenue Suite 200 Commerce, CA 90040 vnvw. cb richardell i s.com Mr. Steven Hunt Corregporncdenlr a adder City of Newport Beach 40 marcAl 2.1 1gg9 3300Newport Blvd. PF3+R H4-9 P.O. Box 1768 Newport Beach, CA 92658 Re: Proposed removal of volleyball court at 24t1 Street on the oceanfront of the Newport Peninsula. Dear Mr. Hunt: I am writing you today as a concerned oceanfront homeowner. I am an owner of the property at 2806 West Oceanfront. My family has owned the property for over 55 years. I would like to register my support for the continued existence of a volleyball court at 24th . Street in Newport Beach. It has been brought to my attention that a request has been made to have the court in question removed. As a long time member of the beach community, I believe that would be a terrible mistake. The 24i1 Street court is one of the last courts in Newport, which continues to have consistent play. To remove it would be a terrible mistake. Thank you for taking the time to hear my opinion. Please call me at either phone number below if I can be of any help. I will see you at the March 2 "d City Council meeting. Sincerely, David A. wk 323 - 838 -3138 hm 949 - 673 -8036 L] 0 i February 26, 1999 Mr. Steven Hunt City of Newport Beach 3300 Newport Blvd. Post Office Box 1768 Newport Beach, CA 92658 Re: Proposed removal of volleyball court Dear Mr. Hunt: Corres pon den&e 4b Hatrc -h Z, Iggq P8� R m4-9 . I am writing you in regards to the proposed removal of the volleyball court at 24"' Street in Newport Beach. We spend a great deal of time at this court playing volleyball during the weekends. It is a popular court for the many recreational volleyball players out there. It seems that there are fewer places to go and play sports for free these days. Newport Beach, specifically 24'" Street, has provided our family a safe and inexpensive place to play volleyball. I think that the removal of this court would be a big mistake, and will greatly impact the few other areas around where people can gather to play volleyball. Thank you for taking the time to read my letter. Your consideration to this matter is appreciated. Sincerely, Vicky Fults 61 C "-`ZPond"r-t added -1b Mmµ z' IAQq P B +-12 M4-9 Marilyn Fisher Recreation Department Manager for the City of Newport Beach Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 92663 Dear Ms. Fisher, It is my understanding that removal of the volleyball court at 24th street is under consideration by the city recreation department of Newport Beach. I have lived and worked in Newport Beach for over 20 years. I own a home in Newport Beach and a portion of my property tax goes to the city of Newport Beach. Since moving to Newport Beach in the late 1970's, I have enjoyed many of the recreational opportunities in this community including surfing, bike riding, and playing volleyball on a regular basis. I have enjoyed recreational volleyball at a number of courts in Newport over the years including 24th, 28th and 30th street. I am very much opposed to the city removing any of the volleyball courts and specifically the court at 24th street. I have enjoyed playing volleyball at 24th street for many years. I am not aware of the specific rationale for considering removing the court but my experience at 24th street has been positive. I am cognizant of the fact that some ocean front residents may not want a volleyball court "on their beach" or "near their house" for a variety of reasons. Fortunately, the ocean, beach and volleyball courts are here for anyone who comes to enjoy these resources. I urge you not to remove the volleyball court at 24th street and I appreciate the fact that the city continues to support and maintain the courts. Many of the people that live in Newport do so because of all of the recreational activities that are available. Sincerely yo rs� Barry Macp rson Licensed Educational Psychologisl 15 Mojo Court Newport Beach, CA 92663 62 0 Petition Presented by Andy Reinking at the March 2, 1999 PB &R Meeting. Petition includes 73 pages and is available in the Car¢munity Services Department office. Petition includes signatures of 276 NB residents; 43 businesses; 328 non - residents = 647 [?.7 Name & Address remain there. nature & Date 3 1 ma, iaft� OWP4 f/1 s -,�, e L" U U s`07 ,5 , /1j, 6/..B' Cc, 40 N.- Gdg sk — bs � vtA<— fic 1. C4 aj 2 -Gr/ 13Z,4P- mK7) '��`FST Vii L1,; 61 ` 63 To: Newport Beach City Council From: 2406 W. Oceanfront Residence Committee Re: Volleyball Court Appeal Relocate 2406 W. Oceanfront volleyball court to 26th Street. *The Parks and Recreations did not follow city guidelines provided by city council resolution NO. 92-93, (See highlighted attachments). *Parks and Recreations are not providing safe access to beach recreation, which guidelines are covered in CA State Assembly Bill 1422 -April 7, 1976, releasing state beaches to city control. This . bill states that: "The city shall promote safe and accessible recreation to beaches which shall favorably affect the scenery and serenity of the area." *The Parks and Recreations are allowing the unlawful assembly of spectator viewing of semi - professional and professional volleyball games. The local residents' applied for relocation of 2406 W. volleyball court on September 1, 1998. Over the past two years, the beachfront property owners have noticed a growing number of volleyball spectators. These spectators are causing crowding and an unsafe condition for beach patrons and boardwalk pedestrians. The potential for accidents to occur involving bicyclists, rollerbladers and joggers is apparently growing. It has also been observed that emergency vehicles and local lifeguard authorities have been extremely hindered to navigate through the crowds. During the research conducted by the beachfront property owners it was . 64 VO. cYPALL COURT RELOCATION A EAL discovered that city council resolution 92 -93 in 1998 provided bicycle • turnouts and benches at volleyball court locations to avoid such congestion problems that currently exist at 2406. It was also discovered that a turnout was provided at 26th street. Between the period of 1988 to 1992, the volleyball courts were moved from the 26th Street location and placed unauthorized at the 2406 location where there is no bicycle turnout and bench area provided. (See map A). Motion to place appeal on April 26, 1999 calendar with a 14 day notice of appeal at 2406 Street volleyball court location. Sincerely, Oceanfront Resident Committee The Dorfman's 2402 W. Oceanfront (949)675 -4408 • The Arcaro's 2404 W. Oceanfront (949)673 -2324 The Mortazavi's 2406 W. Oceanfront (949) 723 -4723 The Hartwells 2408 W. Oceanfront (949)723 -0373 The Faucettos 2402 1/2 W. Oceanfront (949)673 -7720 The Rhoades 2500 W. Oceanfront (949)673 -9433 65 mi w ins Z I a L n I r- \ O„ _\ i o �J 0 N Z �s Ilk z- b Y ' z g / �1 • L£ ''� Zl d► • •ii�� d '9l Sl b�, Ly {ii. l'Irrrli A,1 RESOLUTION NO. 92-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING REGULATIONS CONTROLLING THE INSTALLING AND MAINTENANCE OF VOLLEYBALL PLAYING AREAS ON THE PUBLIC BEACHES IN THE CITY OF NEWPORT BEACH AND RESCINDING RESOLUTION NO. 88 -14. 67 WHEREAS, Resolution No. 88 -14, which was adopted on February 22, 1988, sets forth the existing regulations for the installation and maintenance of volleyball courts on public beaches in the City; and WHEREAS, the Newport Beach Parks, Beaches and Recreation Commission has made certain recommendations that said regulations be revised and updated; and WHEREAS, the City Council has reviewed t( • recommendations of the Parks, Beaches and Recreation Commission and wishes to establish these recommendations as the regulations for the installation and maintenance of volleyball playing areas on the public beaches in Newport Beach. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the following are hereby established as the regulations for the installation and maintenance of volleyball playing areas on the public beaches in the City of Newport Beach. 1. The public ocean front and bay beaches shall be divided into five (5) volleyball playing zones which are identified as follows: ZONE ME shall be t!le area between the Santa Ana River and Orange Avenue; ZONE TWO shall be t!le area between Orange Avenue and the !!e•wport Pier; ZONE 'f!! E shall be the area between the !fewpo. !,;er and the West Jetty; Corona de'_ mar ZOUF. EM shall be the main beach at �trte Beach; 67 n ZONE FTVr. shaLL be all the public beaches fronting on the • :raters of Newport Bay. 2. No volleyball courts shall be installed within fifty feet (501) of a private property line or sidewalk in any of the five (5) volleyball playing zones established herein unless authorized by the Parks, Beaches and Recreation Commission as an exception. volleyball nets' shall be installed perpendicular to the ocean axcept at Corona del Mar Beach which shall have eight (B) parallel courts and two (2) perpendicular courts. 7. Tandem volleyball courts shall have a minimum of twelve feet (121) of spacing separating the center posts in all zones. •1. A permanent tournament location shall be established and maintained at Corona del Mar State Beach. A total of ten (10) oarmanent courts shall be maintained at the Corona del Mar site. 3. volleyball courts are authurized at the locations described on Exhibit "A" hereto and incorporated herein ble reference and said courts shall be inspected and maintained by the Parks, Beaches and Recreation Department. The Department shall visually inspect all courts each March and September and report tt•.e results and any necessary corrective actions to the Parks, Beaches and Recreation Commission. 6. Applications for installation of additional permanent courts shall be submitted for approval by the Parks, Beaches and Recreation Cummission. Application forms are available from the Parks, Beaches and Recreation Department and shall include a map and written acknowledgment or proof of attempt to notify by eurtified mail the property owners within one hundred fuel (1001) in either direction of the proposed location. • 7. Applications for removal or relocation of existing permanent courts shall be :submitted for approval by the Parks, • beaches and Recreation Commission. Application forms are available .rpm the Parks, Beaches and Recreation Department and shall Lnc luda ::nap and written acknowledgment or proof of attempt to notify by* .,artified mail the property owners within one hundred feet (1001) 3n either direction of the existing location. Following completion 68 .,t the application and its submission to the Parks, Beaches and Recreation Department, the location will be posted thirty (30) days in advance with a notice of the proposed removal. 8. Mon- authorized courts will be removed by the Parks, Beaches and Recreation Department. 9. Maintenance and installation of volleyball courts shall be by the Parks, Beaches and Recreation Department. Poles shall be approved, supplied, installed and maintained by the City of Mewport Beach. lo. The Parks, Beaches and Recreation Commission has final authority on installation, relocation or removal. Applications will be based on factors which may affect the proposed or existing court location, including parking, beach maintenance, marine safety, pro::imity to existing volleyball courts, restroom and the overall needs of the general community or other considerations as deemed necessary by the Parks, Beaches and Recreation Commissiol BE IT FURTHER RESOLVED THAT, Resolution 88 -14 is hereby rescinded. ADOPTED THIS 24th day of August 1992. A'rres,r : City Clerk �l i/ .•7 Mayor NEWPORT CITY OF TO: APPLICANTS FOR REMOVAL OR�RELOCAT2l71P OF BEACH VOLLEYBALL COURTS FROM: COMMUNITY SERVICES DEPARTMENT SUBJ: PROCEDURES FOR APPLYING FOR VOLLEYBALL COURT REMOVAL OR RELOCATION The Community Services Department is required to enforce regulations controlling the removal or relocation of volleyball playing areas on City beaches. The regulations include the following procedures: 1. Formal notification of all property owners withi 200' of th court. Notification must be documented by compl ion o e attached form, with postal service receipts verifying notification and response of absentee property owners. Responses are not needed from renters. A detailed description of the existing court, if a removal, including the nearest street end, residential address or lifeguard tower. A detailed description of the proposed location, if a relocation, including the nearest street end, residential address or lifeguard tower. The applicant agrees that the location will be posted for notice of the proposed removal, by the City, including the date and time, for consideration by the Parks, Beaches and Recreation Commission. Completed applications will be reviewed by the General Services Department and the Marine Department for their recommendations. The Parks, Beaches and Recreation Commission will then make a ruling on the issue at a regularly scheduled, monthly meeting. Citizens are encouraged to- attend these meetings and provide input to the commission. The applicant will be notified of the date that the commission will be making a ruling. For mdi4 'information phone the Community Services Department at 644 -3151. P.O. Box 1768, 3300 Newport Boulevard • Newport Beach, CA 92659 -1768 a (714)6443151 Fax (714)6443155 ►�J 0 0 70 ADDRESS OF COURT Mordina 7008 W. Grant S 6900 W. 6702 W. Lugonia 6310 W. 6208 W. 6009 W. 56th St 5605 W. 53rd St 4907 W. 4505 W. 43rd St 42nd St 41st St 3909 'A. 38th St 34th St 30th. St 28th St 266th St 2406'W. 2002 W. 1802 W. 16620 W 1522 W. 1508 W. 1224 W. 103'6 W. 1004 W. 914 W. 900 W. 812 W. 710 W. 706 W. 614 W. 106 E. 216 E. 400 E. 100a E. 1109 E. 1213 E. 1303 E. 1319 E. M* A ? ?ROV7 -D BEACH VOLLEEYBA U COU ?T_S St oceanfront Oceanfront oceanfront St Oceanfront oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfrcr.t Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Oceanfront Balboa Blvd AUGUST 24, 1992 72 0 I* iLa? NEAREST 'STREET END 1 -A vordina 1 -A cighland (tandem) 1 -A Grant (tandem) 1 -A :ern (tandem) i -A Colton 1 -� Lugonia i -A Cedar 1 -A Prospect 1 -B 61st 1 -B 58th 1 -B 56th & 57th 1 -B 53rd 1 -B 49th & 50th i -C 45th & 47Th (steel) 1 -C 43rd (steel) 1 -C 42nd (steel) 1 -1 41st 1 -C 39 =h & 40th 1 -C 38th (plastic) 2 -D 3=th 2 -D 30th 2 -D 2Sth 2 -D 26th 2 -E 24th & 25th (tandem) 2 -E 20th 2 -^-_ loth 3 -F 17th 3 -F 16'� 3 -F 15th 3 -G 13th 4 -H 11th 4 -H 10th 4 -H 9th 4 -H 9th 4 -H 8th (tandem) 4 -H 7th 4 -H 7th 4 -H 6th 4 -I• Island 4 -I Coronado (tandem) 4 -I Coronado 5 -J B (stadium) 5 -J C 5 -J 0 & E 5 -X - .5 -X _ 72 0 I* • ADDRESS OF COURT ADDRESS O? bLE NEAREST STREET END f. 1412 Ocean. Blvd 7108 W. Oceanfront 5 -K G 1556 Ocean Blvd 59th St 5 -K G & I 1712 Ocean Blvd S -L I 2100 ocean Blvd 5 -L M 17th St (on Bay) 3 -F 17th Cove St (China Cove) 6 -.! Cove CdM St Beach (tandem) 6 -M East end of beach CdM St Beach (eight - steel) 6 -M West end of beach COURTS REMOVED NE?-REST STREET END tiordina 59th Card & 44th. .4 0th i Channel Road 73 ADDRESS O? COURT REMOVAL DATE 7108 W. Oceanfront May 1, 1991 59th St May 1, 1991 4307 W. Oceanfront May 1, 1991 40Th St May 1, 1991 1750 Ocean Blvd May 1, 1991 2140 Ocean. Blvd May 1, 1991 VB?OLES . 12/10/92 NE?-REST STREET END tiordina 59th Card & 44th. .4 0th i Channel Road 73 RECEIVtO /7-7 «tItcl-L— 99 MAY 26 All :03 1, 0 CF THE CITY CLERK CITY @F t,-wPORT BEACH 5 c, C9 Date Copies Sent Tx Z--,z -,Er�ayor 1016uncil Member pager ❑ Attorney , 'L, C44 V - a? -c( .7 =7 0 -99 JUIJ 18 P 3 :05 OF'FICc. OF TPE C! (Y CLERK. CiT'i i June 15, 1999 • To Newport City Council Members: This Petition is to oppose the placement of a volleyball court at 26 h street in Newport Beach. This location is one of the narrowest parts of Newport Beach, and is already a highly congested area. The one trial weekend that a volleyball court was placed there, it caused numerous incidents. One volleyball strayed from the court and dangerously went under the tire of a child's bicycle. There were also reports of stray balls randomly crossing the boardwalk into the yards of oceanfront property. That weekend was a disaster and the idea of a permanent fixture of that nature would be an even bigger disaster. We, the residents of this community, want to express our strong opposition to this idea. Thank you for your help in preserving our coastal living environment. 76 4 4 G -is -S9 0 77