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HomeMy WebLinkAbout08-04-1987 - Agenda-CITY OF NEWPORT BEACH a . 4 ,« PARKS, BEACHES ANDI ECREATION COMMISSION i • REGULAR•MEETING TO BE HELD TUESDAY, AUGUST 4, 1987 CITY HALL CI NCIL CHAMBERS 7:00 P.M. I. PROCEDURAL MATTERS 1. Call to Order 2. Roll Call 3. Approval of Minutes - Meeting of July 7, 1987 4. Adoption of Agenda II. COMMUNITY SERVICE AWARDS III. ACTION ITEMS 5. Inspiratibn Point Recommendation 6. Volleyball Court Removal Request (Letter and report attached) • 7. West Newport Park Basketball Court-(Report attached) 8. Beach Restroom at Channel Park (Report attached) 9. ,Girl Scout House Lease (,Letter attached) 10. Tree Removal Request (Letter attached) 11. View Obstruction From Trees (Report and communications attached) 12. Acquisition of Public Property (Report attached) IV. PUBLIC COMMENTS V. DISCUSSION ITEMS 13. Status of Capital Projects (Report attached) 14. Cliff Drive Park (Correspondence attached) 15. Commission Subcommittees (Report attached) 16. Recreation Division (Report attached) 17. Park and Street Tree Division (,Report attached) . VI. SPECIAL, URGENT OR LAST MINUTE ITEMS VII. ADJOURNMENT CITY OF NEWPORT BEACH Mo Se ed Ayes Motion Seconded Ayes Item No. 3 arks, Beaches .& Recreation Commission July 7, 1987 City Council Chambers 7 p.m. INDEX Ex- Officio Member Present:' Ronald A. Whitley Staff Present: Jack Brooks, Park and Street Tree Supt. Mark Deven, Recreation Supt. Dottie Flohr, Secretary I. PROCEDURAL MATTERS Item #1 Call to Order The meeting of the Parks, Beaches and Recreation Commission was called to order at 7:09 P.M. Item #2 Roll Call Roll cal'l-was taken. Commissioners Brenner, de Boom, Herberts, Konwiser, Springer; Taft and Wolfe were present. x Item #3 Approval of x Minutes x x x x x x Commissioner Konwiser moved the minutes of the June 2, 1987 meeting be approved.�Seconded by-Taft. Unanimous. Item #4 Adoption of Agenda The agenda was adopted as presented with the addition of Public Hearing on Art i,n Public Places at Inspiration Point, Speed Limits on Bicycle Trails, Attendants in Restrooms, and Proposed New Class: Item #12 to be addressed prior to Item #5. II. SEATING OF'NEW,COMMISSIONER - TAYLOR GRANT Seating of New Chair Wolfe reported seating of new Commissioners takes Commissione place at the first meeting in the new fiscal year, however, newly appointed Commissioner Grant is out of town. Chair Wolfe then presented Commissioner de Boom with a plaque and thanked her for all her help and contributions to the City and her participation on the Commission. Commissioner de Boom replied that-she has enjoyed working with the Commission and staff over the past four years. III. ELECTION OF OFFICERS FISCAL YEAR 1.987 -88 Election of Officers x Chair Wolfe asked for nominations for the new Chairperson. x Commissioner Herberts•nominated Commissioner Brenner. x x x x x x Seconded by Konwiser. Commissioner Springer moved to close the nominations. Unanimous. Motion Seconded Ayes Motion Ayes • Motion Ayes Motion Seconded Ayes 3. CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission \m- Page 2 City Council Chambers 7 p.m. INDEX lift x i Chair Brenner opened the nominations for Vice Chair. x Commissioner Taft nominated Commissioner Konwiser. Seconded x K x x x x by Wolfe. There being no further nominations, the nomina- tions were closed. Unanimous. Seating of the Commissioners then took place. IV. ACTION ITEMS Item #5 - Community-Service Awards Nominations Community Service x Ron Whitley reported that this Commission recognizes those Awards x x x x x x who have contributed significantly to this City with a Nominations Community Service Award. Each January and July the Commis -_ sion and staff review those nominated for the award for presentation at the February and August meetings. Recommen a- .tions and respective backgrounds of those presently nominated are included"In the•Commission's packet. Additional nomina- tions are welcome. There being no further nominations, Commissioner Springer moved to accept,the'nomina'tions•as presented. Unanimous. Item #6 - Lifeguard Staffing at Corona del- Mar State Beach Lifeguard Staffing x Mark Deven referred to Captain Bud Belshe's report in the x x x x x x Commi-ssion packet. He reported staff recommends additional study for increased lifeguard staffing at Corona del Mar State Beach be'referred to the Commission's Beach and Ocean Front Committee. Chair Brenner suggested the committee include the liability issue in their'study and address the matter of parking fees being-charged while Tifeguards are not on duty at the same time. Mark Deven'volunteered to work with the committee on the study. Vice Chair Konwiser moved to refer this item to the Beach - and Ocean Front Committee. Unanimous. Chair Brenner asked for a.status report from the committee at the Commission's next regularly scheduled meeting on August 4, 1987. Item47 - Request -for Funds- -From Youth-Soccer -Tdam Request for Funds x x Ron Whitley reported that Councilmember Maurer received a• request for City funds to help support a local soccer team's x x x x x x trip to Hawaii. Staff recommends the request•be denied CITY OF NEWPORT .BEACH arks, Beaches & Recreation Commission Page 3 City Council Chambers 7 p.m. INDEX since it would set a precedent for a special interest group which would not be in the best interests of taxpayers In addition, this is not a City program-although it receive. the Department's endorsement. Chair Brenner pointed out that the group has already gone to Hawaii. Mayor••Cox,stgned &•Proclamation for them. Commissioner Wolfe said he would approve an entry fee of $500 since the team would be representing the City. Vice Chair Konwiser moved the team's request for funds be denied. Seconded by Springer. Unanimous. During discussion, Commissioner Wolfe said he felt that since the City Council had already turned down the request, he would vote for denial, however, he is not against supporting a fund raising effort. • V. PUBLIC COMMENTS Public Comments None. VI. DISCUSSION ITEMS Item #8 - Street Median Study Street Median Ron Whitley reported the City Council requested staff Study review-all the undeveloped traffic medians in the City.. An inventory was completed and the Department analyzed the condition of all the medians. There is only one small area that is not developed located on San Joaquin Hills Road from the Park Newport Complex to Backbay Road. The medians on IrvinejAvenue from Santa Isabella to University are County property and a' request to have the'County include these on their-capital improvements list has had no response -Most of the medians are on arterial highways and are a natural resource serving as buffers for smog and noise as well as having an aesthetic value. The Department has implemented an-aggressive-program towards refurbishment and should any of the Commissioners see improvement needed, Mr. Whitley asked'that' they let him know. Commissioner Konwiser - reported the grass on the Jamboree Road traffic islands from Coast Highway to Eastbluff Drive are in need of refurbishment. Jack Brooks informed the Commission that they will try to get funding for this area by sections in the next fiscal year. Commissioner Konwiser indicated he would like to see-this item on the Capital Improvements list next year. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission 'Page 4 City Council Chambers 7 p.m. INDEX - - Mom Item #9 - Status of Capital Projects Status of Ron Whitley reported meetings have been held concerning Capital Projects establishing priorities for capital projects and he will give a status report•to, the Commission at their next meeting. The Ci'ty''Cl•erk will open the bids submitted for the Community Youth Center on July 29 at 11:00 A.M. Plans for the West Newport'Park are in plan check and the bid should be awarded and construction started by the end of September. West Jetty Park,wfll be started this fiscal year. The Police Department ha's advised that lighting be provided for the Wedge area and that there be an emergency vehicle access to the Wedge. After these two items are completed, our crews will start•working,,probably this winter. . Item #10 - Cliff Drive Park Cliff Drive Park Ron Whitley reported, the Newport Heights Community Associa- tion has expressed concern over the development of Cliff Drive Park. Mr. Whitley referred to the letter in the agenda packet from Marian Rayl•, President of the Association, directed to the Public Works Director. The Public Works Director replied to the item within his purview and Mr. Whitley'responded to the, other items. Since the Association- thought'the park would be completed in July, 1986, Mr. Whitley documented the planning process. Mr. Whitley emphasized-that staff made every effort to make sure the-Association-was involved in every aspect of the planning process. On December 8, 1986 the City Council authorized bids be solicited and on January 26, 1987 the contract was awarded to Wakeham- Baker. The park development is not behind schedule. The Association is concerned over the location of the play- ground which has not changed from.the preliminary plans. The landscape architect is confident it is not a hazardous location; and, due to the slopes in the area, it is the only place where the playground can be located. Mr. Whitley also advised that the park is a top priority and • due to costs, this Department will do the landscaping. Crews should be on-the site.this week and throughout the summer. The Department-met-with the Association to select the plant material and when the landscaping is completed it will enhance the park significantly. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page _'5 City Council Chambers 7 p.m. INDEX Mr. Whitley referred,to a letter from Karen Harrington, Past President of'the Association, who expressed concern over skateboarding on the sidewalks. The sidewalks are designed to Public Standards and should skateboarding be- come a problem, enforcement policies can be implemented. The size and type of playground equipment were decided in conjunction with the Association and placement of the play equipment meet safety standards. Mr. Whitley said,he felt the project as-designed will add to the beauty of the area and this information has been brought to the Commissi-on's attention as an information item since there is controversy over the development. Commissioner Herberts reported she and Chair Brenner met at the site with Marian Rayl who expressed concern over the children's play area. Commissioner Herberts agreed with Mrs. Rayl that the h•igh.circular cement planters • surrounding the play area could be an attractive nuisance. Children would want to walk there causing them to be hazardous. Mrs. Rayl had suggested planting shrubbery instead. -Mr. Whitley advised that the architect designed the project per the contract specs and•that the landscaping will be added later. The-elevation and steps are-not in yet and changes can be made'later. It is not uncommon to make changes if•they'do not prove practical. Vice Chair Konwi,ser gave his vote -of confidence and stated he felt the project should be finished. Chair Brenner reported she thought the trees above the play area were suggested by the Association so they would provide shade. Mark Deven advised he told the Association that the-basketball backboard can be moved should this become a problem. Chair Brenner opened the meeting to Public Testimony. Marian Rayl, President of the Newport Beach Heights Community Association', addressed the Commission. Mrs. Rayl stated the-Association at no time wanted a tot lot 10' above the basketball court. • ,Mrs. Rayl said she thinks an elevated playground is unsafe and there'is not enough room,for children to play due to the•trees and play-,-equipment. She did not expect the trees to be in elevated wells and had thought they would be on ground level. She feels the playground is also dangerous CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 6 City Council Chambers 7 p.m. INDEX since parents will not be able to watch their children play. She also felt the wall should be lowered and the interior walls taken out; that the galvanized pipe railing on top of the walls will be unsightly; and that the railroad ties by the basketball court should be eliminated. Chair Brenner closed the meeting-to Public Testimony and thanked Mrs. Ray-1 fpr•her comments. Mark Deven reported that the two play areas are smaller than those in other parks. Modular play equipment was chosen for the smaller area which will have play value, fit into the area, and provide enough space for children to use safely. The equipment for both areas was reviewed and approved by the-Association. It exceeds the required minimum standards set-by-the Consumer Products Safety Commission and this Department feels it will be utilized in a safe manner. • Chair Brenner suggested delaying the planting of the tree wells until the safety °aspects can be •seen. Mr. Whitley advised that they are 'not planted until it 1-s determined there will be no problems with height. Commissioner Wolfe, stated, and Chair Brenner agreed, that this Commission does not have the authority to stop the park-development, however, the Association has the option of going to the City Council, who could do this. Ron Whitley said he appreciates- the Association's concerns but feels they are not perceiving the construction as it will be. There were many, many meetings during which changes were.made. At-the final meeting almost everyone agreed the plan was a good-one, therefore, construction was started on the-premise that the Association was happy. The problems occurred when construction started and people had not perceived it this way. Commissioner Springer pointed out that changing specs mid- stream is costly and suggested-th•at problems be addressed when the park is completed. Chair Brenner said she and Commissioner Herberts met with the contractor who tol'd-them the playground is located • exactly where it is supposed-to be on the plans. Ron Whitley advised that the Public Works Inspector is on the site and the elevations and - locations are to the inch as specified on the plans. Regarding the rails, the color CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 7 City Council Chambers 7 p.m. INDEX could be changed, however, the fabrication selected is the best for safety and maintenance. The Commission supported staff and agreed the project should continue and any hazardous items could be corrected. Item #11 - West Newport Park Basketball Court West Newport Mark Deven stated the report submitted summarizes a problem Park concerning the West Newport Park'BasketbAll Courts'of which Basketball the Commission should—be aware. Court Mr. William Schumann, 5901 Seashore Drive, called this to the Department's attention last"April, and his letter included in the report explains-the conditions which he feels have affected his health. All efforts have been made by this Department to solve the noise and other nuisances resulting from use of the basketball courts, however, the problems • continue. Mr. Deven indicated this Department wants to solve'Mr. Schumann's concerns and welcomes suggestions from the Commission. Commissioner Wolfe reported that although basketball is an excellent activity,�the play at this site is extremely heavy; noise, profanity and trash have become major problems. After the courts at 38th Street Park are complete c, the courts at West Newport could be moved to another locatio . Mr. Deven suggested a half court could be put in between the racquet ball courts and tennis courts. Commissioner Taft agreed this was a good idea. Vice Chair Konwiser recommended that although basketball is'in great demand, there must be communication with the players and they 'should be confronted by the Police'Department at 2:00 A.M.; Warning signs should be posted informing the players that the courts may be dis- abled; and, as a last alternative, eliminate the courts. Mr. Frank Spratt, 5903 Seashore, addressed the Commission. He reported the problems referred to started over two years ago. Neighbors 10 -12 houses down are also bothered by the excessive noise and'want action taken. •Signs were posted prohibiting play before 8:00 A.M. and.after sunset, but to • no avail. By the time the Police arrived, no one could get back to sleep. These players are adults and very abusive. As a result, Mr. Schumann is under doctor's care for hyper- tension. Mr. Spratt stated basketball is a fine game, but (J 46' away from homes is too close. He supports any athletic b activity but not under the present conditions. i 1 U CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Page 8 City Council Chambers 7 p.m. INDEX Commissioner Wolfe agreed with Mr. Spratt that the area is a large problem for, the adjacent-homeowners and the players don't care. 'He recommended moving the court to another location. Ron Whitley suggested taking the rims down to see the players' reaction. , Mr. William Schumann,-5901 Seashore Drive, addressed the Commission. He said-he is not against any sport, however, the noise that'has built-up over the years is now unbearable. Mr. Schumann passed•out pictures of the courts depicting the trash, large number of players and observers, the signs, and the close proximity to his home. Both Commissioners•Spr'inger and Herberts stated they supported relocating the courts. Chair Brenner directed that this item be included as an action item on the August 4 agenda. Item #12 - Commission Goals and Objectives, Committees Commission Goals and After a brief discussion, the following committee appoint= Objectives, ments were made: Street Tree Committee- Chair Herberts Committees assisted -by Commissioners Grant and Wolfe; Recreation Program Committee - Chai'r Taft assisted by Commissioners Springer and Herberts; Oceanfront and Beach Committee - Chair Springer assisted by Commissioner Taft; Capital Improvements Committee : Chair Wolfe assisted by Commissione s Brenner and Herberts; Budget Committee - 'Chair Konwiser assisted by Commissioners Brenner and Springer; Friends of Oasis Liaison - Commissioner Wolfe; Friends of the Theatre Arts Center.Li'aison - Commissioner Grant; Park Maintenance Committee - Chair Konwiser assisted by Commissioners Taft and Grant; Art in Public Places - Chair Herberts assisted by Brenner; Beach Litter Committee - Chair Konwiser assisted by Bonnie Jeannette; Arches Coast Highway Interchange - Chair Springer assisted by Commissioner Taft. Chair Brenner reported one of her goals as Chair is to develop an o'rientatiom manual for,new,Commissioners. She foresees the manual-including a report from each sub- committee, Council Policies, history, procedures and definitions, i.e., encroachments. Chair Brenner will work with Mr. Whitley on the manual and asked- the committees to,write a synopsis on each:df their subcommittees by the August 4, 1987 meeting. CITY OF NEWPORT BEACH • • U1 arks, Beaches & Recreation Commission Page 9 City Council Chambers 7 p.m. INDEX Item #13 - Recreation-Division Recreation Division Mark Deven reported the Recreation-Division is in "their busiest season and hopes the Commissioners wihl observe some of the programs. The 1st Mayor's Tennis Tournament was extremely successful. Council approved the Recreation Supervisor's vacancy position at Oasis at their June 22 meeting. 1. Chair Brenner reported-that the late scheduling of youth activities at Oasis was -not•completed in time to conduct registration. Item, #14 - Park and-Street Tree Division Park and Street Tree Commissioner Wolfe asked Jack Brooks if the Street Trek. Division Committee process was satisfactory to him. Mr. Brooks replied that it did slow the process down. He did state, however, that if the Street Tree Division deems a tree to be dead, they see no� reason to contact the committee. Commissioner Taft mentioned that he was pleased to see that they had planted Juniper Trees behind the Maintenance Yard and he hopes there will be further landscaping along Newport Boulevard. Following questions and discussion on City tree removal by citizens, Chair Brenner directed the Street Tree Committee to review such removal and present a policy for Commission review. Review`,was-al•so requested concerning a sidewalk ramp program, however, Mr. Brooks advised that this would be under the auspices of the General Services Department that will ramp anything over 1/2" in height. Item #15 ­Public Wearing on Art in Public Places at Public Hearing on Inspiration- Point Art in Commissioner Herberts, representative to the-Art in Public Public Places Committee, reported that on July 28 at 7:00 P.M. the Places landscape architects will each be giving their presentation for Inspiration Point which the Commissioners are invited to attend. On July-30 a panel of five.will select the three finalists and�on•Augus.t 13 the Arts -Commission will choose the finalist that must be approved by Council. Ron Whitley reported that if this Commission wants input on the projects, the matter can.be put on the agenda as an action item and the Commission's recommendation can be transmitted to Council. CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Page 10 City Council Chambers 7 p.m. INDEX Chair Brenner agreed that this should be an action item and that it is important the-Corona-del Mar community and Chamber be notified of the public hearing. Mr. Whitley advised fliers will be distributed to all Ocean Boulevard residents An -'addition to the normal public hearing notices. Commissioner Wolfe requested a copy of the prices for each ,project. Commisssioner Herberts asked that the Commission give her their first, second and third choices before July 30. She will cast her vote representing the consensus of the Commission. 'Item #16 - Speed Limits on Bicycle Trails Speed Limits on Commissioner Springer requested the subject of speed limits Bicycle on City bicycle trai'ls-be included under Discussion Items at Trails the Commission's meeting on August 4. She suggested a • report be prepared,eovering other cities' bicycle trails and that this be referred•to the Bicycle Trails Committee. Item #17 - Attendants in Restrooms Attendants in Rest - Commissioner Springer-reported on the excessive damage done rooms to a'Newport Beach restroom and suggested authorization be made for attendants during peak hours. Mr. Wh -ttley stated this has been considered in the past by Council, however, it-,was determined to be-too costly. He suggested this matter" be'referred to the Oceanfront and Beach Committee. Item #18 - Proposed New Class Proposed New Class Commissioner Springer suggested an intermediate level Banjo/ Guitar class be held at the'Cliff Drive Community Center. She said she would conduct the class free of charge in a dam session form. Mark'-Deven replied staff will review and include the proposal forthe'Recreation•Program Committee which will consider all new classes. Commissioner Wolfe stated he has seen much growth and a more active Commission during the past few years. He feels the • Department has done a great job and compliments both the Department and Commission on the fine 'job they have done. He thanked those who•have served'him''as Chair and said he is looking forward'-td'working with Chair Brenner during the lnext year. • )�L- CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Page 11 City Council Chambers 7 p.m. INDEX Chair Brenner presented the Commission's plaque to Commissioner Wolfe as outgoing Chair and'thanked him for all he has done for the Commission. A brief discussion ensued concerning the dispensing of the minutes in rough draft form. Since both the City Attorney and City Clerk deemed the present procedure fair and legal, it was the majority opinion to continue. VII. SPECIAL, UREGENT OR LAST MINUTE ITEMS VIII. ADJOURNMENT There being no further business, Commissioner Taft moved the Parks, Beaches and Recreation Commission adjourn at 9:20 P.M. The agenda for-this - meeting was posted on June 30, 1987 at 2:55 P.M. outside the City Hall Administration Building. Dottie Fto r, Secretary 16 PpRr o @ CITY OF NEWPORT BEACH u � s °g4FOa��p- DATE: July 15, 1987 TO: FROM: Deborah Polonsky, Chairman, Arts Commission Item N6. 5 The presentations by the Inspiration Point design teams have been scheduled for a public meeting in late July, and the Arts Commission would like very much to ,have you attend. Also invited will be all members of the City Council, the Parks, Beaches and Recreation Commission, the Planning Commission, the Art In Public Places Advisory Committee,,the Advisory Review Panel, and all interested residents. Date: Tuesday, July 28 Time: 7:00 p.m. Place: Council Chambers Each of the six teams will be allowed 15 minutes for presentation. After all presentations have been made there will be a question period, and the meeting will then be opened to public comment. On July 30 the Advisory Review Panel will meet and recommend three finalists; the following will be members of that Panel: Lars de Jounge - Resident, Corona del Mar James Obrien - Resident, Corona del Mar John Lyle - Chairman, Landscape Architecture Dept., Cal Poly, Pomona Roger Seitz - Vice President, Urban Planning & Design, The Irvine Co. Anne Ayres - Associate Curator, Newport Harbor Art Museum Dextra Frankel - Gallery Director, Cal State University, Fullerton John Lesley - Coastal Program Analyst, State Coastal Commission Virginia Herberts - Parks, Beaches and Recreation Commissioner Deborah Polonsky - Chairman, Arts Commission In consultation with the PBR Commission, the Arts Commission will subsequently make a final recommendation to the City Council (August 13) and the Council will then consider budget approval (August 24). Because this is the City's first Art In Public Places project, we are particularly pleased at the quality of the designs submitted. If you haven't already done so, we invite you to view the submittals, on display in the City Hall Lobby 8:00 a.m. to 4:30 p.m., weekdays. We have requested additional' cost information from the teams, and cost estimates will be very much a part of the selection process. Thank you for your interest in this exciting project. We hope to have you with us on the 28th. Arts Commission 3300 Newport Blvd. - P.O. Box 1768 Newport Beach, California 92658 -8915 714- 644 -3017 f CITY OF NEWPORT BEACH . PARKS, BEACHES AND RECREATION COMMISSION i _ PUBLIC NOTICE The Parks, Beaches and Recreation Commission will be considering proposals for an Art in Public Places project • at Inspiration Point at their meeting of Tuesday, August 4, 1987,to be held in the City Hall Council Chambers, 3000 Newport Boulevard,•at 7:00 P.M.- The public is invited and encouraged�to provide input to this project. 0 0' 0 • 3320 Ocean Blvd. Corona del Mar, Ca, 92625 August 2, 1987 Parks, Beaches and Recreation Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca. 92663 Re: Inspiration Point, Corona del Mar. Gentlemen: I irrevocably oppose, as do many other residents on Ocean Blvd. in Corona del Mar, all proposals for the Art in Public Places project at Inspiration Point, Corona del Mar. Inspiration Point must be kept in its natural state, only aiding where erosion would destroy its functional beauty. No man designed project can enhance this natural beauty. ncerely, Helen A. Anderson cc has ED Iii �/ • 11-1 Item No. 6 CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: July 24, 1987 TO: Parks, Beaches and'Recreation Commission FROM: Recreation Superintendent SUBJECT: Request to Remove Beach Volleyball Courts Recommendation: Approve the request of Mr. and Mrs. John J. Foley, 6700 West Ocean Front, for removal of the double volleyball courts located at West Ocean Front and Colton Street. Background: The attached letter from Mr. and Mrs. Foley explains-the reasons for requesting the removal of the double courts. -The courts have been in front of the 'Foleys' home for over fifteen years and nuisances associated with use of the courts are becoming intolerable.- The removal of-the courts leaves the West Newport area with at least seventeen-(17) other courts. The attached notice was posted on two of the volleyball poles on July 27, 1987. N. A. ROUSSELOT 3500 OCEAN BOULEVARD CORONA DEL MAR. CALIFORNIA 92625 ' e-o X' Ila Pllrl a •"T.ri=�' , p ,I-�z yyy��� ___ �\ 1' y W ♦T•'. 1d'� L'G��Gt �j�yy��(%e�- r� -Ket' ;,�.�•` � r`� r ` lf� /.. /�� ���` /�✓/f Lt1 �'(/� V lGFfi �yy / ' ^�4�.V' -I ti N �V,pI Ir^•Mi n(J / Y••`.� -0 ♦ Ar %.... -ri 0 ..,a." ukv'. t:: i'` i!. �%. i:`l; u✓:/ �.:....*` nf..: st^ T >•:r^'.:- �r±no�\rrc�vx,.r. \�.nru t.<.... �• r..,.. ..1.�, ".,- ........_.- ....._.... _�.. _ -.- -µ •at�..�r'': 0 U 11 3320 Ocean Blvd. Corona del Mar, Ca, 92625 August 2, 1987 Parks, Beaches and Recreation Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca. 92663 Re: Inspiration Point, Corona del Mar. Gentlemen: I irrevocably oppose, as do many other residents on Ocean Blvd. in Corona del Mar, all proposals for the Art in Public Places project at Inspiration Point, Corona del Mar. Inspiration Point must be kept in its natural state, only aiding where erosion would destroy its functional beauty. --- \� No man designed project can enhance this natural beauty. �/ ncerely Helen A. Anderson cc has t ve - -AwG - - - - - -- - - - -- -- -- -- - - -- -- - - -- - -- - - -- - - - - -- - -- - - - - - -- - - �oU2zi d �. - - - -- -- -- - - - - -- -- - - - -- �� - ��"y9�i - - - - -- - - - -- -- - - - -- -- -- - - - - -- - - -- - - - - -- - - - - - - -- -- -- • August 4, 1987 Dear City Counsel, I am writing this letter in support of maintaininq the volleyball courts at Lugonia Street. For years I have worked as'both a seasonal lifeguard and am now on the permanent staff as a Marine Safety Officer. During this time I have watched the growth of beach volleyball from a,disorganized picnic game to a professional sport practiced by elite atheletes. The courts in question have developed a positive reputation for talented competition. 'It has attracted several national and international players'to the courts. Not only does this supply a high level of competition but offers beginning.and intermediate players•an incentive and coaching from the top players. Many Young players who use the courts have'gone from hack players to tournament players in the past few years. Several of the people who play there have become my friends over the years. 'This'crowd has'always•conducted'themselves in a mature and professional manner. They have always kept a spirit of fine competition and willingness to help a beginning player. I have always seen this as the type of example we need set for the young • beach goers. Beer, alcohol or drugs, loud rowdy behavior or profanity is never around the courts. Attend anytime during the week and you will find both courts in use and several teams warminq up to play. A spirit of athletics and team work permeates the area. The courts themselves are located in an area conducive to sports. This area of Nest Newport has a wide, flat beach. The volleyball courts at °Lugonia have not interfered with public beach use or lifeguard operations. Public restrooms, food, water and parking are all located 1 block west at Orange Street. I feel the courts add to the complete image of beach use. Surfing, swimming, boogie boarding and different sand sports should not be discriminated against. To remove the courts is to lose a part of public beach use in Newport. It would serve the few over the majority in Nest Newport. 'If the courts are deemed a nuisance they easily could be moved to the street end and out an additional 50 to 100 feet. I hope you reconsider this move so as not to lose this recreational area. Sincerely, Cra M. Far er s i � r 0 r� i � � / ' )77)h �- C)J�\/ Ng� 11 • 0 i ooe 1 ,�7A:©. r.. • 0 �EWPOR� . @� CITY OF NEWPORT BEACH u PARKS. BEACHES AND RECREATION DEPARTMENT Cq��pp{iN�P P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3151 NOTICE THIS VOLLEYBALL COURT LOCATION WILL BE CONSIDERED FOR REMOVAL BY THE PARKS, BEACHES AND RECREATION COfIIISSION MEETING OF AUGUST 4, 1987 AT 7:00 P. M. IF YOU WISH TO MAKE A STATE-ENT AFFECTING THE PROPOSED ACTION, PLEASE ATTEND THE MEETING AT THE CITY COUNCIL A", Ifl: :ilil FOR MORE INFORMATION, PLEASE CONTACT THE PARKS, BEACHES AND RECREATION DEPARTMENT AT 644 -3151, 3.300 Newport Boulevard, Newport Beach Item No. 7 CITY OF NEWPORT BEACH . Parks, Beaches and Recreation Department DATE: July 27, 1987 TO: Parks, Beaches and Recreation Commission FROM: Recreation Superintendent SUBJECT: Relocation of the West Newport Basketball Court Recommendation: Approve and authorize staff to-transmit to-the City Council the following action as a•means of alleviating noise and nuisance complaints stemming from use of the West Newport Park basketball courts: 1. Immediately remove basketball standards which will make the court unplayable. 2. Develop for consideration in the Fiscal'Year- 1988 -89 Capital Improve- ments budget a project which will provide for ftmoval and relandscaping the existing court area and constructing a half court away from residences bordering Seashore Drive. Background: At the meeting of 'July 7, the,Commi,ss•ion reviewed noise and nuisance concerns brought to the Department's attention by'residen,ts in the West Newport area. Specific problems included inappropriate use of the West Newport Park basketball courts during late night and early =rning hours despite signs proh.ibi.ting such use. In addition, residents contended that the close proximity of homes to the basketball courts created additional nuisance problems such as trash, profanity, loud music and traffic hazards created by the congestion of sidewalks and curbs. Prior to the Commission's review, the West Newport Beach Community Association assigned an ad hoc committee to study the problem and review alterna- tives. Both the Association and the Commission agreed that action which would immediately disable the court shoul,d,be - delayed until newly constructed courts at 38th Street Park become operable, which occurred on July 23. The recommended action has-been reviewed•wi,th members of the ad hoc committee appointed by the West Newport Beach Community Association. The relocation of the basketball court to the area framed by the tennis and racquetball courts is within the "active" recreation'area-of�the• park and away from residences. It should also be noted that the existing court was included in earlier. West Newport Park development at the request of'the�Association and its-relocation reflects the changed needs which have occurred within West Newport. Ma Deven Item No. 8 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department n U lam' DATE: July 28, 1987 TO: Parks, Beaches and-Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: BEACH RESTROOM AT CHANNEL PARK Recommendation: Recommend to the City Council that a� permanent restroom be� constructed in Channel Park to-be'fundedfrom the Beach Restroom Program. Discussion: Every summer temporary, portable - restrooms are provided at strategic locations to provide restroom facilities for beach users. Channel Park has been a location for this service. As the cost-of portable restrooms is significant and this location is expected-'to-be used in the future, it is desirable to provide a permanent facili•ty:. The Beach Restroom Fund has a sufficient balance to provide this public improvement. f4 --*4 r1 • 0 0 July 23, 1987 The Honorable John C. Cox, Jr., Mayor Members of the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mayor Cox and City Council Members: Item No. 9 F� GIRL SCOUTS Girl Scout Council of Orange County 1620 Adams Avenue Costa Mesa. CA 92626.4998 (714) 979.7900 P.O. Box 3739 Costa'Mesa, CA 926283739 On behalf of the Girl Scout Council of Orange County and especially the Newport Harbor Community Association, we are writing in regard to an extension of our lease for the Girl Scout house located at 1700 West Balboa Boulevard, which expires November 30, 1987. We respectfully request favorable consideration of an extension to correspond with,the current terms of the Marina Mobilehome Park and the American Legion leases. The Newport Beach Scout House has been a major part of Girl Scouting in the Newport Harbor area since first leased from the City of Newport Beach in 1947. We believe the records will show we have been exceptionally fine tenants both as to responsible maintenance of the property and maximum usage of the facility by many hundreds of Girl Scouts every year. Enclosed is a summary of the consistently scheduled usage. Please contact us if you require any additional information. We will appreciate your favorable consideration of this matter. Sincerely, �e.e•e.eJ l� . ���'J Bernice K. Hird President BKH /wb cc: Robert L. Wynn, City'Manager Sterling Wolfe, Chairman, Parks, Beaches Helen Shull, Service Unit Chairman Dee Reeves, Service Unit Chairman Lorna Cordrey, Service Unit Chairman Neva Thomas, Scout House Chairman Michelle Granier, Field Director 11 Recreation Corrmissi RECEI II N JUL 2 31987> Cdy Manager Cdy of Newport Beach 11 SUMMARY OF USE AND NEEDS ANALYSIS Use of the facilities is' regulated by reservation requests through the Girl' Scout Council of Orange County and is extended to Girl Scout troops and other non - profit organizations. The Girl Scout usage includes: ..Over 800 girls and 350 adults within the Newport Beach area store Girl equipment; e.g., tables, chairs, troop equipment and program supplies as well as camping equipment to provide for some 58 troops. ..Over 100 girls and 40 adults gather weekday afternoons and evenings during the school year to conduct troop meetings. ..Periodically adult volunteers meet for planning, training and workshops for the Girl Scout program. ..Over 2200 Girl Scouts are accommodated during the year for troop overnight stays 51 of 52 weekends a year, and nearly every day of school holidays and vacation periods. Other non - profit organizations have used the Girl Scout house for meetings, dinners and workshops upon appropriate requests to the Girl Scout Council of Orange County. the above would indicate that maximum utilization is being made of the Newport Beach Scout House except for weekday mornings during the school year, and these times are reserved several days a month for janitorial service and general' maintenance and upkeep. The Newport Beach Girl Scout House and lands surround:ing.it are designated for educational, civic, recreational and community purposes. The Girl Scout program is an informal educational and recreational program carried out in small groups (troops)' with adult leaders. It provides a wide range of activities developed around the interests and needs of the girls. The Newport Beach Scout House, together with the other Scout Houses in Orange County, provides the special ingredients necessary to stimulate an interesting and 'challenging girl program. 7/21/87 a\ \ A United way Agency Ir r. • GIRL SCOUTS Girl Scout Council of Orange County 1620 Adams Avenue Costa Mesa. CA 92626.4998 (714) 979.7900 P.O. Box 3739 NEWPORT BEACH SCOUT HOUSE Costa Mesa, CA 92628.3739 11 SUMMARY OF USE AND NEEDS ANALYSIS Use of the facilities is' regulated by reservation requests through the Girl' Scout Council of Orange County and is extended to Girl Scout troops and other non - profit organizations. The Girl Scout usage includes: ..Over 800 girls and 350 adults within the Newport Beach area store Girl equipment; e.g., tables, chairs, troop equipment and program supplies as well as camping equipment to provide for some 58 troops. ..Over 100 girls and 40 adults gather weekday afternoons and evenings during the school year to conduct troop meetings. ..Periodically adult volunteers meet for planning, training and workshops for the Girl Scout program. ..Over 2200 Girl Scouts are accommodated during the year for troop overnight stays 51 of 52 weekends a year, and nearly every day of school holidays and vacation periods. Other non - profit organizations have used the Girl Scout house for meetings, dinners and workshops upon appropriate requests to the Girl Scout Council of Orange County. the above would indicate that maximum utilization is being made of the Newport Beach Scout House except for weekday mornings during the school year, and these times are reserved several days a month for janitorial service and general' maintenance and upkeep. The Newport Beach Girl Scout House and lands surround:ing.it are designated for educational, civic, recreational and community purposes. The Girl Scout program is an informal educational and recreational program carried out in small groups (troops)' with adult leaders. It provides a wide range of activities developed around the interests and needs of the girls. The Newport Beach Scout House, together with the other Scout Houses in Orange County, provides the special ingredients necessary to stimulate an interesting and 'challenging girl program. 7/21/87 a\ \ A United way Agency L, Item 'No. TO yurae 28, 1987 Parcho, Beackm & RecneatZon Coimu,aq.ionr.o A 6 Rkeet T.nee CWMWee P.O. Box 1768 Newpwci Dea4 Cali f. 92658 -8915 cqulih4ioa mvr 6zd. We have .lived in �hina (ove deverdeen an l a Lf�v�4 come w and fraimed Ae ;raee I a o on a piece of pzopexty e�hat b�n� #o the C,�y which we have btied �o buy. Fdz panfting pwapooeo ur"CA we need za Ohio aaea. We have had ;6i high. coat but no ma A of a .dome .a j 85 and i:U, o have � a m paid abo a onfh a This I canr;t- aj bat Ld nea)4 Pe land planted a.0 of �heae yeaiw a# a uu.GC stow 6eoauoe o had -iaee. I have made #v be the, dowa alzd I wi,U be happ #o put r, _ -- c ;uee ,ir& I an 75 old andy� h and uia a oicol.00 do i2��aune back .in. nd c anat a $55.60 .40 clean up agu in. 1p as we now have- nwauea around the clock and paatt uo .an, a bind. ,{� F'"" �"`" a lov on the ofhPn aide o Now m on.�+ao P- l'6,gurrden Vie and .it .i o beautuL. She Ll very apaet � "ne even when Ae ;raee " no-t W)w ping as maru6 A4U doeo ,ahe wLU .loose hen P&M and they arse expowive. 1� you have been in rhirla Cove dale��and .oeea a U of the corwhtuc;U gouag on and people up9/ba the araea I am .rune you wi U agree the #raee which ate' 0 be Awwved. If the CounciC tip tj and peiur1 , foa aU of iG 6 -Uding arao� w�iicfa� �vvn the Mt �,yeaar very "Wing my )teque4;t i4 io much �o adh )02. you nevea cane an Maio area o clean uP eoin plea4e let U4 #ny, �o help #o clean a up wU& a beauUAd dice Wad area y noiead of an annoying nui dance. i7M/ ee Thampoon 2709 Cove Coaorxa del ltkm 92625, Ca Thi,a ttw an ften oa the 714, 675 4384 advice of & R. Whitley D.uteciora ' �,S ryt�'C.C,_ ��•. rJ fl tlr�:�r iVA�'l �',, �, i!'!;.i; <.� 1 t tt. tS1�lY. ..l \tvct,vry' , 1 }:i t 1 �'1- ±•1'•" f(,}, •``t�,11 , +'y tv:t c(' •v'll,}, \Stt v: :4S1�Sk a'- }�{S�� Tr: t ' •}.,� .1 \ttpr• '�0 `.''acv.: 1a :•.t« i ;, a. t_� � tt 1k3: t,.a ": �'. 'S:, a «,tl 11''i S « fp., J'" , 1 . 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C111f f,'i�. ti'.v ,a'�• t ra't t S y, Item No. 11 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department 0 DATE: July 28, 1987 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: View Obstruction From Trees The attached communications identify -a problem that this Department has dealt with fora number of years. 'Many'of'our street trees and some park trees have grown to a point where they alter views. Our policy has been to trim with view in mind and we have not removed trees for view purposes. It is recommended that we formulate a policy statement for City encouragement of Homeowner Associations to-comply with CC &R's. C .� O� SEW PAR u s c,<<FOaN�P CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 The Honorable John C. Cox, Jr. Mayor, City of Newport Beadki, The City Council City Hall 3300 Newport Boulevard P. O. Box 1768 Newport Beach, California 92658 -8915 Dear Mayor and Council Members: July 16, 1987 /?�eCIt Iv�D 2 City oM o 'go?.. � eW It has been brought to the attention of The Environmental Quality Affairs Committee that a problem exists within the City -.o£ Newport Beach in regard to extensively tall trees that obstruct the views of homeowners. This%affects the quality of life for those homeowners whose views are impacted by these trees, view impairment is generally regulated by the individual Homeowner's Associations C.C.& R.S. - • Some associations have failed to enforce their regulations, frustrating the surrounding community. This committee supports the efforts of those who are trying to maintain their views and request that the Homeowner's Associations enforce their regulations relating to / tree heights and views. In addition, we request that the City of Newport Beach issue a policy statement encouraging these associations to enforce these regulations. Thank you for your support. • C=FI"FCFTH MAYQR ..: -��__ HIRES SEUT TO: []Councilman [" anager ❑Attorney '�1� ❑City Clerk C V ❑Other _� O 3 d 3300 Newport Boulevard, Newport Beach c N STUDY SESSION AGENDA ITEM N0, 7 HARBOR VIEW HILLS COMMUNITY ASSOCIATION BOX 54 CORONA DEL MAR, CALIFORNIA 92625 Councilman Clarence Turner July 16, 1987 1507 Antique Way Newport Beach, Ca 92660 Dear Councilman Turner, The Harbor View Hills Community Assciation applaudes the recent action of the Environmental Quality Committee in seeking City support for the problem of view preservation. Our homeowners association has been monitoring for the past 10 years the slow errosion of our ocean and bay views due to overgrown trees on private property and we have pictures which document the changes. We request assistance from the Council in securing cooperation from those homeowner associations that already contain policies in their CC & Rs which limit tree heights to equal the roof line of the homes. • We feel if the offending homeowners, who may not realize the extent that their trees block our view, had it brought to their attention by the Council, they would move to comply with their policies. The City Council is our only hope to gain some posititve action to move this toward an amicable solution of a most frustrating situation. One major real estate marketer in the area calculates that the value of view property is reduced by $25,000 for every tree that intrudes on that view. If there is any need for assistance in helping implement such a policy requesting offenders to trim their trees, our association has the manpower and the interest to assist in any way you see fit. We hope you will seriously consider this at your July 27 council study session. Sincerely, J m Wharton Be tymae Wharton reasurer Membership Chrmn. Co- Chairpersons, View Preservation Comm. Harbor'View Hills Community Association 1033 Goldenrod Ave �j I Corona Del Mar, Ca 92625 Clarence J. Turner July 21, 1987 Jim and Betty Mae Wharton, Co- Chairpersons View Preservation Committee Harbor View Hills Community Association 1033 Golden Rod Avenue Corona Del Mar, CA 92625 Dear Mr. and Mrs. Wharton, r 1'% I am in receipt of, your letter of July 16, 1987, regarding Preservation. Yes, this is a very important item for our city ; and I am glad that the association is concerned about this issue.Yr,;.: Your letter correctly points out that erosion of the view planes is quite often due to overgrown trees on private property which is in violation of the CC & R's. Therein lies the problem. The C C & R's essentially are contracts between various property owners wherein they all agree to maintain their properties in a certain manner. The city is not in a position to enforce those CC & R's,•. because we are not a party to the contract. To my knowledge:•.--'.. - about the only way they can be enforced is either through an ' aggressive program on the part of the Homeowners Association or by any individual who has a vested right. This could be' cumbersome procedure but in the final analysis it is probably the only one that really-works. k :' +•'•v; „:.. The city has control over the growth of vegetation on city owned property. They do monitor that and make every effort to keep that vegetation under control. Perhaps by example we can help encourage private property owners to follow suit. Please remember that the above views are my own and may or 'may? not be reflective of the views of the city council. However, as.•.}';;., you requested, I will bring it up to the city council at our next study session to determine if they there is some adtion' the s'xz council can take to help encourage compliance with the CC.& R's. z I will• consult with our City Attorney, Parks, Beaches and ' Recreation Department and others to determine if we can be of some assistance. Hopefully we can. 6 3a 1507 ANTIGUA WAY • NEWPORT BEACH, CA 92660 } OFFICE PHONE: 751 -4420 MESSAGE PHONE: 631 -3947 ., I f''E�lt. d5i rya t City Manager '�� wty of Nekvpbrv6e, t IV IV -j, == ?ry Page Two Thank you again for your letter. I will let you know what comes out of the next study session on this item. S erely. arence Newpo each City Councilman '..•p, so�'MF *..y `� • It F�(', ,.'�- r•' CJT /mj cc: Robert Wynn, City Manager ' =' Robert Burnham, City Attorney Ron Whitley, Director ' -, ;;;' ;- Parks, Beaches and Recreation Dept. C'; ..4)x51 >l�r�;•. - • ,,r ,fFZ ,.,. 11 7-1 �J �• - ••� it :��'' 3 3 nr r, llaoAAAeles �ttttes Overgrown Sbme in. Del Mar Have Ax to Grind if Trees Block Their Ocean View .b,.r By2tNTHONY PERRY ,Times Staff writer DEL MAR —When actor - carpenter Don Ken- nedy moved to Del Mar in 1968, he could see the oc ".from his back porch, He remodeled and expMed the porch- into a formal dining room wi icture windows so his family and friends cc njoy the view. S moved here and enjoyed an absolutely go'tftus ocean view," Kennedy said. "Now its gong-And what's worse, I'm continually raking my'neighbor's leaves." 'p'he dining room now offers a view of three larg4: trees in the backyard of Kennedy's neighbor, Navarre Perry, a retired lawyer turned actor. Perry has declined persistent eni eeties to trim his trees to ,restore Kennedy's Vistas r� '; everybody cut down or trimmed trees in DeSar to protect ocean views, we'd have a deseiil, with a bunch of tree stumps," Perry said. EV, a year, Kennedy and fellow members of thq -gy's Vegetation View Blockage Committee have, abored to devise a municipal ordinance to pr and restore ocean views. All of the m rs say they have suffered view blockage. A r studying ordinances in the upscale San Francisco Bay Area communities of Sausalito, Tiburon, Belvedere and El Cerrito, the commit- tee proposed that Del Mar form a Vegetation Control Board. The board would have the power to order pruning of any greenery that "substan- tially;' blocks sunlight or "obstructs scenic views;' Thg City Council last week ordered the city manager to develop a height limit for new vegetation-and prepare a report on how some communities use non - binding mediation to set- tle view disputes. But the council delayed the Vegetation Con- 39 trol Board idea until September. "I have friends up on Seavis Avenue is nice address in a city of nice addresses] who once had wonderful views of La Jolla but now have none," Councilman Lew Hopkins said. "If there is one issue I've heard the most about since I first ran for the council, it's view problems with trees." Hopkins added'that he is able to be objective because his own view of the ocean is unob- structed. , The view debate, of course, is part aesthetics, part real estate values. One Del Mar real estate agent puts the value of a decent ocean view at $50,000 to 375,000 — this in a community where a $250,000 home is considered a fixer- upper. Some owners near the beach have bought "view easements," in which their neighbors promise to keep their trees short or not plant trees at all. , "I have one home listed right now which would be $100,000 less if it did not have an ocean view," the agent said. The Del Mar proposal would seek to protect all views of "the ocean, the community, lagoons, canyons or surrounding areas," A homeowner would have to make two attempts to resolve a view problem privately before appealing to the Vegetation Control Board If a homeowner laseeking to establish a view not present when he bought his home, he would be liable for 75% of the trimming costs. Refusal to trim a tree or bush as ordered by tine board would constitute a "private nuisance "'and allow the offended neighbor to seek a court order. "This has been going on for 15 years," said Vegetation View Blockage Committee member Gay Fisher. "I've talked to every 'council member going back to 1965 and 1970. I think Del Mar can be a leader." Though the Del Mar problem is deeply rooted, the council is cautious. The Tiburon ordinance is already under attack In the courts as an Illegal "taking" of property. "I worry about people who have had,trees for a long time and are very, attached to them," said Del Mar Councilman John Gillies. The Kennedy -Perry dispute led to a claim and counter -claim in Small Claims Court over Kennedy's trimming part of Perry's trees. One .neighbor called the Sheriffs Department, the other is thought to have called out the building inspectors. Both are actors —Perry is involved in Gaslamp Quarter Theatre and the San Diego Repertory; .Kennedy has worked on Broadway, In Holly- wood and had a recent role on TV's "Star - man" —but they,can't agree on who is playing the villain. I'm not asking that asingle tree be cut down, just trimmed," said Kennedy, 65. who retired after 16 years as a county building inspector. "I love trees. But I believe•every property owner should be responsible for controlling his vegeta- tion from stealing from otherpeople." ' "There are trees across the street that hurt my view and I'd love to take a poison arrow and kill them," replies Perry, 50, who has lived in Del Mar for 12 years. "But you have to make compromises and allow some give- and -take to live in society." A final act may be near, however. Perry, has sold his home and is moving to San Diego to be closer to the theaters. Kennedy plans to talk trees with his new neighbors as soon as they move in. • Prices Effective Monday, July 20 Thru Sunday,, auA S.1:w - HARBOR VIEW HILLS COMMUNITY ASSOCIATION SCORONA DEL MAR, CALIFORNIA Members July 31, 1987 Parks, Beach & Recreation Commission Newport Beach, California Gentlemen, We understand that the City Council has requested you to draft a policy statement regarding the trimming of trees that would preserve the views of ocean and bay. We are seeking your cooperation in support of this since we have been frustrated by residential associations which have not encouraged their own membership to abide by their own CC & Rs. For the past 10 years our homeowners association has been • monitoring the slow errosion of our ocean and bay views due to overgrown trees on private property and we have pictures which document the changes. We have met with other homeowner associations to gain their cooperation without success. We urge you to help us preserve this scenic legacy of Newport Beach, and we pledge you our full cooperation in any manner you see fit. sincerely, u im Wharton Bett ae Wharton reasurer Membership Chrmn. Co- Chairpersons, View Preservation Comm. Harbor View Hills Community Association 1033 Goldenrod Ave Corona Del Mar, Ca 92625 r1 f� Item No. 12 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department DATE: July 28, 1987 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: ACQUISITION OF PROPERTY FOR PUBLIC PURPOSES Background: Historically, parkland is acquired through a Park Dedication Ordinance which is authorized by Chapter 19.50 of the Municipal Code: A copy of this Ordinance is attached and identified as Exhibit "A ". This method of acquiring park property is based on a concept of-'providing new parks fbr•new residential areas. The Recreation and Open Space Element - of the General Plan-has an "Implementation Plan" that clearly identifies the effect.fveuse of the Park Dedication Ordinance. Priorities as established in tW Implementation Plan are- summarized and attached as Exhibit "B" Occasionally, parcels become available or'desirable to be included in the IS inventory of possible acquisitions•to • be added to our park and'open space system. Often these parcels are not included"in• the Recreation and Open Space Element nor is there a method to easily finance their acquisition. This report will identify alternative methods of acquisition and 'actions necessary to justify the prioritiza- tion of individual parcels as they relate to a priority plan consistent with the Recreation and Open Space Element-of the_General Plan. Funding Sources: 1. General Obligation Ronds General:.Obligation Bonds (G.O. bonds) are sold-by a public entity which has pledged its full faith and credit for the principal and interest on the bonds. The public entity is authorized to'levy on all real property such ad valorem taxes as may be necessary to pay the bonds and interest thereon. The_ passage of Proposition-13 limited ad valorem taxation (other than for debt service on previously authorized debt) to 1% of full market value. Until recently, no additional ad valorem taxes could be levied and this has prevented the authorization of new G.O. bonds. However, on June 3, 1986, Proposition 46 was approved by the California voters. Proposition 46 amends Article XIII A of the California Constitution to effectively repeal those portions of Proposition 13 which prevented the issuance of G.O. bonds based on ad valorem taxation. Now, local governments can increase the property tax rate above 1% to pay off new G.O. bonds provided two things occur: . a) Two - thirds of those voting in,a local election must approve the issuance of the bonds;, and b) Money raised through the sale of the bonds must be used to �/ purchase or improve real property'. -2- 2. Mello -Roos Financing • In 1982, the California Legislature enacted the Mello =Roos Community Facilities Act (California Government Code §5311, et seg.). The Mello -Roos Act authorizes local agencies to form Community Facilities Districts (CFD) in which special' taxes may be levied for,purposes of financing certain services or constructing facilities which the local• agency is authorized to construct-and operate. The Act also permits the issuance of bonds supported by'the special taxes. Proceedings for the•establ'ishment ' of a CFD may be initiated by the legisla- tive body;:.the written request of two or more members of the Legislative body; or a petition by not less than 10% of the registered voters residing within the proposed CFD or the owners of not Less than 10 7,•of the area of Pursuant to the Act, an election is held. If twelve (12) or more registered voters reside within the proposed CFD each registered voter will be entitled to,one vote.. If less than twelve (12) registered voters reside within the proposed CFD, the election shall 'be -by landowners and each ]_ar oxmr shall have one vote for each acre or portion of an acre that he or she owns within-the proposed CFD. In either type of-election the propositions to levy special tax and authorize bonds must pass by two- thirds of the votes cast. The Mello -Roos Community Facilities-Act has proven to be a useful financing mechanism which provides an alternative method of financing various_ public . capital facilities and services. 3. Special Assessments An Assessment District is a financing'tool which allows an agency to construct desired and authorized public improvements with the costs and expenses of the project being apportioned and spread against the benefited properties within. the. boundaries of the designated area (Assessment,District). The costs and expenses are directly-proportioned in accordance with the special and direct benefits that each parcel receives, from the improvement. The assessment liens.are'financed through the issuance of bonds payable over a period of years,•thus providing-the advantage to property owners of a loan or ,deferred funding for the improvements. Under the California Special'Assessment`Acts - there are procedural acts and bond acts. Procedural acts specify a procedure for the formation of an assessment district, the ordering and, making of, an acquisi•tiom_or improvement, and the levy and confirmation of an assessment secured-by liens on land. A bond act provides a procedure-for the issuance of bonds to represent liens resulting from proceedings taken under an assessment act. The procedural acts are: "The Improvement Act of 1911 (California Streets and - Highways Code, Sections 5000 - 6794); the Municipal "Improvement Act of 1913 (Streets and Highways Code Sections 10000 - 10609); and the Improvement Bond Act of 1915 (Streets and Highways Code, Sections'8500- 9493). The Improvement Act of 1.911 is both an act for creation of'liens against property and an act which provides for.-the issuance of bonds. • 3G -3- a). Improvement Act of 1911 These proceedings are initiated either-by petition of the property owners or by direct action of •the governing body. then engineering plans, specifications and-cost estimates are made. The governing body -then adopts a resolution of intention which includes a narrative of the project, identifies the area of benefit to be assessed for the :.project costs and'specifies °the maximum term and interest rate: of bonds to be issued setting a time;'date and place of a hearing on the proceedings. If the proceedings are approved, construction bids are called for and the construction contract is awarded to the lowest re- sponsible bidder. The contractor is not paid in cash for his work. Upon completion of construction a second public hearing is noticed and upon conclusion of that public hearing and following a thirty day period where the property owners can discharge their assessments,.the bonds are ordered and' ultimately 'deliwered-to the contractor -or his assigns to represent'final payment. b) Municipal Improvement Act of"1913 ( "1913 Act ") This act is a procedural act which provides for the formation of an assessment district, the levy of an assessment and the creation of a lien against the property '"but'does not, in itself, contain provisions for the issuance of bonds. Under this act, a proposed assessment and assessment diagram are prepared in the very beginning before any con- struction work is done. The amount of the assessment is based upon an engineers report accepted 'by the governing body, of the entity and • notices are,sent to property owners. A public hearing is held, both upon the project and the amount of the proposed assessment to be levied. Normally, construction bids are received prior to the public hearing so that assessments may be adjusted to conform to the actual construction bids. At the conclusion of,the public hearing the governing body may confirm the assessments. If confirmed, a lien is created against each assessed parcel and-the assessments are recorded. The property owners are mailed notices of each' parcel, "s, exact confirmed assessment and they have thirty days to pay part or °all of the assessments in cash. At the end of thirty days all unpai•d'assessments are accumulated, a bond issue is structured and bonds are sold. Bonds may be issued pursuant to either the Improvement Act of 1911 or,the Improvement Bond Act of 1915. n U 31 c) Improvement Bond Act of 1.915 (4.915 Act ") The 1915 Act providesa method of issuing bonds secured by assessments. It does not, in itself, provide the machinery for creating a special assessment lien. After the'assessments-have been levied and confirmed, and the cash collection - period has-expired, a list of al-1 unpaid assess- ments is filed and bonds are issued for the total aggregate amount of un- paid-assessments. Bonds are issued i:n••even denominations, normally of $5,000, and ,a portion of the-bonds are due each year over the life of the issue to result in approximately equal annual principal and interest. payments. -4- 4. Certificates of Participation •This financing technique provides, long term financing through a lease (with an option to purchase or conditional sale agreement) that does not consti- tute indebtedness under 'the State constitutional debt limit and does not require voter approval. A review of financing methods used by other California finance parking facilities indicates that this is the most .popular form of financing parking facilities. -When a pubic sale of a lease, or certificates of participation in a lease is planned, the principal parties include: 1) The public entity (lessee); 2) The lessor, which may a'private leasing corporation, non-,profit corp- oration or public agency, e.g.,•a parking authority; 3) A bank, financial Institution or other investor (who may pay the lessor past or present value for future lease payments); 4) Purchasers or investors (who purchase certificates of participation on a lease); 1 '5) A trustee (who holds any securi,ty'for payment of the lease in trust under a trust indenture between'the lessee, lessor and the trustee); 6) And a paying agent or escrow agent (who collects lease payments and • distributes them to the holders of certificates of participation). A trustee may also be the paying agent�or escrow agent. The legal basis for this financing technique flows from basic laws allowing public entities to enter into lease agreements for one year at a time, on the ground that the governing body of a public'entity cannot obligate future governing bodies to honor a lease agreement. Each certificate represents a proportionate interest in the lease payments to be made by the public entity under a lease agreement: The lessor, pursuant to an assignment. agreement, assigns substantially all of its rights under the lease agreement, including its rights to receive lease payments from the public entity as well as its rights under the lease'agreement•'to enforce lease payments, to the trustee for the benefit of the owners. The Pease payments are designed to be sufficient to pay, when due,'the annual principal interest represented by the certificates. The obligation of the public entity to make lease payments is not an obligation for which the public enti•ty'is obl-igated-to levy or pledge any form of taxation. Neither the certificates'nor, the obligations of the public entity to make lease payments constitute an i'ndeb'tedness of the public agency. The trustee is appointe& pursuant to,the• trust agreement, to prepare, execute and deliver the certificates and to act as-the depository of amounts hel -d thereunder. Pursuant to 'the assignment agreement, the 'lessor-assigns to the trustee all of its right, title and interest-in the'lease'including all the lessor's rights to receive and collect all lease °payments. An agency agreement provides for the irrevocable appointment'by the lessor of'the public agency as its agent in connection with the construction, installation and acquisition of-the project. LJ • r 1 LJ 3 �I -5- 5. Coastal Conservancy The State of California Coastal-Conservancy has a Site Reservation Program which provides for the purchase of property under the following conditions: T) The land must be located in the Coastal Zone, 2,) The land must be under the management of a local public agency. 3) The local public agency agrees-to pay the purchase price back to the Coastal Conservancy. Their funds are Timited and; °highly competitive.. We are-being sent detailed information on their criteria and- procedures. Private Sources There are private firms'that have''been'successful in raising funds from the private sector for development or acquisition of public projects. An example is shown as Exhibit "C ". Specific Current Considerations: 15th Street and Balboa - This 'former gas station has a price of $675,000 and is felt to not be a valuable addition to our park system. -It is recommended that the issue-be referred to the Public Works Department for possible acquisition for vehicle parking purposes. However, at the listed price it would take many years•to generate sufficient revenue for payback purposes. Cliff Drive Parcel - This lot with,•house bisects the two portions of Cliff Drive Park and has a Tisted price of $1,400,000. Because of the limited City wide benefit and high price; it is recommended that an assessment district be pursued for possible acquisition. If the local community has enough interest in making this public property a service area can be identified and marketed. 3. Griswold Property —This vacant lot adjacent to Begonia Park at Begonia and Bayside Drive is a view lot on-Pacific-'Drive with an estimated cost of $700,000. The owner of the property has no immediate plans for development. Therefore, it is recommended that-this parcel be monitored with no action for acquisition. 15th and Placentia - This area'has recently been studied (see Exhibit "D ") and a recommendation made to wait for normal development of the former Banning property. Upon further review there have been approvals given for additional affordable housing-in this area. As a benefit for providing affordable housing the park-dedication requirements are waived for these projects. Because of this it is recommended that this parcel be pursued for a neighborhood tot lot. Funds could be availabl-e from the Community Development Block Grant Program for acquisition and development. 19.50.010- 19.50.040 SUBDIVISIONS 19.50.030 General Standard. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that the dedi- cation of land, or payment of fees, or both, shall not exceed a proportionate amount necessary to provide three acres of park per 1,000 persons residing within a subdivision subject to this, section, unless the amount of existing neighborhood and community park area, as shown on the records, maps and reports of the City as of the date of the most recent available Federal census, exceeds three acres per 1,000 persons and, in that event, the City may require dedication in proportion to the higher standard but, in no event, shall the dedication standard exceed five acres per 1,000 persons. (Ord. 83 -22 § 1 (part), 1983: Initiative Ord. 1733 § 1 (part), 1977). 19.50.040 Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the recreational element of the �." (Newport Beach 8.83) 400 i r - Chapter 19.50 PARK DEDICATION Sections: 19.50.010 Purpose. ' 19.50.020 Requirements. 19.50.030 General Standard. 19.50.040 Standards and Formula for Dedication of Land. 19.50.050 Formula for Fees in Lieu of Land Dedication. 19.50.060 Criteria for Requiring Both Dedication and Fee. 19.50.070 Amount of Fee in Lieu of Land Dedication. 19.50.080 Determination of Land or Pee. 19.50.090 Credit for Private Open Space. 19.50.100 Procedure. 19.50.110 Commencement of Development. 19.50.120 Commercial or Industrial Developments. 19.50.010 Purpose. This ordinance is intended to authorize the City to require the dedication of land, the payment of fees in lieu thereof, or a combination of both, to allow for the development of neighborhood' and community parks and recreational facilities, all in accordance with the rec- reational element of the General Plan of the City of Newport Beach. (Ord. 83 -22 § 1 (part), 1983: Initiative Ord. 1733 § 1 (part), 1977). 19.50.020, Requirements. As a condition of approval of a tentative Sub- division Map or a Parcel Map,.the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for the purpose of developing new, or rehabilitating existing, neighborhood' and community parks and recreational facilities, to serve the subdivision, at the time and according to the standards and formulas contained in this ordinance. (Ord. 83 -22 § 1 (part), 1983: Initiative Ord. 1733 § 1 (part), 1977). 19.50.030 General Standard. It is hereby found and determined that the public interest, convenience, health, welfare and safety require that the dedi- cation of land, or payment of fees, or both, shall not exceed a proportionate amount necessary to provide three acres of park per 1,000 persons residing within a subdivision subject to this, section, unless the amount of existing neighborhood and community park area, as shown on the records, maps and reports of the City as of the date of the most recent available Federal census, exceeds three acres per 1,000 persons and, in that event, the City may require dedication in proportion to the higher standard but, in no event, shall the dedication standard exceed five acres per 1,000 persons. (Ord. 83 -22 § 1 (part), 1983: Initiative Ord. 1733 § 1 (part), 1977). 19.50.040 Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the recreational element of the �." (Newport Beach 8.83) 400 i r - enera an, an subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a park. The amount of land to be dedicated shall be determined as follows: (a) The City shall determine the number of dwelling units per gross acre to be constructed. The City shall determine the average number of per sons per dwelling unit, and this computation shall be based upon the average household size for the dwelling units to be constructed, as disclosed by the most recent available Federal or State census, unless there is substantial, evi- dence to support a finding by the City that a different household size is appropriate for some, or all, of the dwelling units proposed to be con- structed; (b) The City shall calculate the actual acreage of existing neighborhood and community parks, as shown on the records, maps and reports of the City as of the date of the most recent available Federal census and, using the number of persons residing in the City as of that date, determine whether the park area exceeds three acres per 1,000 persons. If, according to that cal- =,+ ' >? ;.,c;•:?; y;•i culation, the park area is equal to, or less than, three acres per 1,000 persons, then the dedication of land shall not exceed the amount necessary to provide ; •r..:,_ •. , - ;�,� three acres of park per 1,000 persons residing within the subdivision under : •n, _,,,. ; ; =;_:;, consideration. If the park area is in excess of three acres per 1,000, the City may require a dedication, in proportion to the higher standard but, in no event, shall the dedication requirements exceed five acres per 1,000 persons; "• ; °_; `•• (c) The acreage per dwelling unit to be dedicated shall be computed by �:��r;�•••..� •' multiplying the average number of persons per dwelling unit by the acres of park area per 1,000 persons, as determined in Subsection (b), and dividing that number by '1,000. (Ord. 83 -22 § 1 (part), 1983: Initiative Ord. 1733 § I (part), 1977). nt, 19.50.050 Formula for Fees in Lieu of Land Dedication. (a) General Formula. If there is no park or recreational facility designated in the recrea- tional element of the General Plan to be located, in whole or in part, within the proposed subdivision, to serve the immediate and future needs of rest- dents of the subdivision, or if the proposed subdivision contains 50 parcels ". or less, the subdivider shall, in lieu of dedication of land, pay a fee equal to the value of the amount of land prescribed for dedication pursuant to Sec- - .:•. tion 19.50.040; the amount to be determined in accordance with the provi- sions of Section 19.50.070. (b) Use of Money. The money collected hereunder shall be used only for the purpose of developing new, or rehabilitating existing park or recrea- tional' facilities reasonably related to serving the subdivision, either by way of the purchase of land as necessary for park purposes or, if the City Council determines that there is sufficient land available, for the improvement of such land for park and recreational purposes. Any fees collected pursuant to •�l this ordinance shall be committed within five years after the payment of such fees, or the issuance of building permits on one -half of the lots created : = 400-1 (Newport Bench 8.83) r ;'n. Js4;'.nBt• ✓y r?'n c'�i,.` aa�•�; ,.L. .. - . v`,it a, ...,. , '•�, � ..• ,,.. n -.. . � .', .. . , ••4 PARK DEDICATION 19.50.050 G 1 PI d is to be located in whole or in part within the proposed enera an, an subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a park. The amount of land to be dedicated shall be determined as follows: (a) The City shall determine the number of dwelling units per gross acre to be constructed. The City shall determine the average number of per sons per dwelling unit, and this computation shall be based upon the average household size for the dwelling units to be constructed, as disclosed by the most recent available Federal or State census, unless there is substantial, evi- dence to support a finding by the City that a different household size is appropriate for some, or all, of the dwelling units proposed to be con- structed; (b) The City shall calculate the actual acreage of existing neighborhood and community parks, as shown on the records, maps and reports of the City as of the date of the most recent available Federal census and, using the number of persons residing in the City as of that date, determine whether the park area exceeds three acres per 1,000 persons. If, according to that cal- =,+ ' >? ;.,c;•:?; y;•i culation, the park area is equal to, or less than, three acres per 1,000 persons, then the dedication of land shall not exceed the amount necessary to provide ; •r..:,_ •. , - ;�,� three acres of park per 1,000 persons residing within the subdivision under : •n, _,,,. ; ; =;_:;, consideration. If the park area is in excess of three acres per 1,000, the City may require a dedication, in proportion to the higher standard but, in no event, shall the dedication requirements exceed five acres per 1,000 persons; "• ; °_; `•• (c) The acreage per dwelling unit to be dedicated shall be computed by �:��r;�•••..� •' multiplying the average number of persons per dwelling unit by the acres of park area per 1,000 persons, as determined in Subsection (b), and dividing that number by '1,000. (Ord. 83 -22 § 1 (part), 1983: Initiative Ord. 1733 § I (part), 1977). nt, 19.50.050 Formula for Fees in Lieu of Land Dedication. (a) General Formula. If there is no park or recreational facility designated in the recrea- tional element of the General Plan to be located, in whole or in part, within the proposed subdivision, to serve the immediate and future needs of rest- dents of the subdivision, or if the proposed subdivision contains 50 parcels ". or less, the subdivider shall, in lieu of dedication of land, pay a fee equal to the value of the amount of land prescribed for dedication pursuant to Sec- - .:•. tion 19.50.040; the amount to be determined in accordance with the provi- sions of Section 19.50.070. (b) Use of Money. The money collected hereunder shall be used only for the purpose of developing new, or rehabilitating existing park or recrea- tional' facilities reasonably related to serving the subdivision, either by way of the purchase of land as necessary for park purposes or, if the City Council determines that there is sufficient land available, for the improvement of such land for park and recreational purposes. Any fees collected pursuant to •�l this ordinance shall be committed within five years after the payment of such fees, or the issuance of building permits on one -half of the lots created : = 400-1 (Newport Bench 8.83) 19.50.060 - 19.50.080 SUBDIVISIONS by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. (c) The interest earned on the accumulated in -lieu fees may be used for :1 y,:;.:li;.' %•; the maintenance of any existing park or recreational facilities. (Ord. 83 -22 § 1 (part), 1983: Initiative Ord. 1733 § 1 (part), 1977). 19.50.060 Criteria for Requiring Both Dedication and Fee. In subdivi sions of more than 50 parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof, in accordance with the following formula: (a) When only a portion of the'land to be subdivided is proposed in the recreational element of the General Plan as a site for a park, such portion shall be dedicated for park purposes and a fee, computed pursuant to the provisions of Section 19.50.070, shall be paid'for the additional land that would have been required to be dedicated pursuant to Section 19.50.040. (b) When a major part of the park or recreational site has already been ; ; f -;; :?r`:_`;,; r ;•. acquired by the City, and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee shall be paid in an amount equal to the value of the land com- puted pursuant to the provisions of Section 19.50.070, which otherwise ;'• °,':v '`, :..;.:• would have been required to be dedicated pursuant to Section 19.50.040; such fee to be used for the - improvement of the existing park and recrea- ", tional facility, or for the improvement of other local parks and recreational'^ facilities in the area served by the subdivision. (c) The funds collected pursuant to this Section shall be -committed, and used, in accordance with the provisions of Section 19.50.050 (b) and (c). (Ord. 83 -22 § 1 (part), 1983: Initiative Ord. 1733 § I (part), 1977). 19.50.070 Amount of Fee in Lieu, of Land Dedication. Where a fee is required to be paid in lieu of land dedication, such fee shall be computed by multiplying the acreage of land which would otherwise have been required to be dedicated pursuant to Section 19.50.040, times the median fair market value per acre, calculated on the basis of the highest and best use, of -the land in all neighborhood public parks within the City. The market value of such land shall be adjusted periodically to reflect changes in property values. -- (Ord. 83 -22 § I (part), 1983: Initiative Ord. 1733 § 1 (part), 1977). 19.50.080 Determination of Land or Fee. Whether the Planning Com- mission accepts the land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: (a) Usability and Feasibility. Generally, land shall be flat. (b) Access. Direct frontage on at least one side and not more than three feet above or below street level. (Newport Beach 8.83) 400 -2 -•: •• . ' M y =yi PARK DEDICATION 19.50.090- 19.50.120 (c) Shape of Land. Suitable for park development. (d) Size. Not less than two acres, unless a portion of a park designated ` in the General Plan. (e) Improvements. Shall meet standards of the City and be of a _ permanent nature. (f) General Plan. All considerations shall be in accordance with the rec- reational element of the General Plan. (Ord. 83 -22 § 1 (part), 1983: Initia- tive Ord. 1733 § 1 (part), 1977). ;.c.. .1^-? �`;';.. _r,• ^, r.�: ; Vic. %1„ >,� 19.50.090 Credit for Private Open Space. (a) Planned developments and real estate developments, as defined in Sections 11003 and 11003.1, respectively, of the Business and Professions Code, shall be eligible to receive a ,credit, as determined by the City Council, against the amount of land re- quired to be dedicated, or the amount of the fee imposed pursuant to this Chapter, for the value of private open space within the development which is usable for active recreational purposes.`:'; (b) If the subdivider provides park and recreational improvements to = •o. a . >.. .'• " •.: •; the dedicated land, the value of the improvements, together with any equip- ment located thereon, shall be a credit against the payment of fees, or dedi- cation of ]and, required by this Chapter. .� (c) Except as otherwise provided herein, no credit shall be given for .,Y private open space in any development. (Ord. 83 -22 § I (part), 1983: ;t:'''•e ': '' ?; Initiative Ord. 1733 § 1 (part), 1977). 19.50.100 Procedure. At the time of approval of the tentative subdivi- sion map or parcel map,•City shall determine the land to be dedicated', and /or fees to be paid by the subdivider. At the time of the filing of the final subdivision map, the subdivider ;• „•�- -r .,• shall dedicate the land, or pay fees, as previously determined by the City Council. (Ord. 83 -22 § I (part), 1983: Initiative Ord. 1733 § I (part), 1977). 19.50.110 Commencement of Development. At the time of approval of the ,tentative subdivision map, the City Council shall specify when the de- velopment of the park or recreational facilities shall be 'commenced, giving highest priority to neighborhood parks. (Ord. 83 -22 § 1 (part), 1983: Initiative Ord. 1733 § I (part), 1977). , : %, 19.50.120 Commercial or Industrial' Developments. (a) The provisions of this Chapter do not apply to commercial or industrial subdivisions, nor do they apply to condominium projects or stock cooperatives which con- ' sist of the subdivision of air space in an existing apartment building which is more than five years old'if no new dwelling units are added. _ (b) Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this Chapter; provided, however, that a condition may be placed on the,approval 400 -3 (Newport Beach 8.83) _ >•. `'•• r 'Y� / 1 � ' "v?^'. °nit `�,'ff,: "Ya: ^•'^ ='+". ,••4'r .:J a.. Ji1N. .� {/. avn -• nrt. r '.(. •�- .- .'.�.... ar. .n ✓ v f. .: rr _ h 19.50,130 SUBDIVISIONS of such parcel map, that if a building permit is requested for the construc- tion of a residential structure, or structures, on one or more of the parcels, within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of the permit. (Ord. 83 -22 § .1 (part), 1983: Initiative Ord. 1733 § I (part), 1977). 19.50.130 Severability. If any section, subsection, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitu- tional, by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. (Ord. 83 -22 § 1 (part), 1983: Initiative Ord. 1733 § 1 (part), 1977). E (Newport Beach 8 -83) •„ . C) EXHIBIT "B" 9. General Phasing Priorities The following phasing criteria have been established as a basis for determin- ing the order of pursuing park and open space projects. PHASING PRIORITY CRITERIA 1. Community need 2. Opportunity to capitalize on development or other activi- ties so as to minimize City outlays 3. Existing City owned parcel so as to•delay acquisition expenditures 4. Availability of access 5. Increase in area population 6. Funding availability 7. Contingent upon development project Applying the criteria, the following phasing priorities result: Pri ority Project Group Comments Banning Community Park III Is contingent upon far term development • project. Banning View Park III Is contingent upon far term developmefit.proj- ect. ESA -OS ITI Is contingent upon far term development proj- ect. Banning - Neighborhood Park Ia Strong community need, accessible site. Semeniuk Slough III Priority may advance if City prevails in liti- gation thus becoming a City parcel. Otherwise is contingent on far term development proj- ect. CalTrans West III Is contingent on View - Park far term develop - ment project. • 24 ......... . I,. - July 31, 1987 To The Parks, Beaches, & Recreation Commission, St MY'a I'm writing this letter in regards to the construction of the new CYC building next tb Harbor View Elementry. Many many residents have been waiting for this new building for our children but our,children will be grown and gone by the time this project is even started. Apparently now the hold up is that the cost have risen to do this project. Well, why not use the moLy which has been allocated for the Inspiration Point. Hundreds of thousands of dollars are going to be spent for a sculpture and beautification of that point which is just fine the way it is. Why not use the money for something the town really needs - a new CYC. The longer you wait the more the cost for the CYC will rise. What about our youth in this town? r- -I u CalTrans East III Is contingent on View Park far term develop- ment project. PCH Mini Park Ic City owned parcel, accessible, community need. Marinapark III City owned, but— exten- si ve �,p•rorm is involved in concluding leases and moving resi- dents.'" . Castaways III Contingent on far term development project. Westbay View III Contingent on far term development project. ESA -OS III Contingent on far term development project. Northbay Mini Park III Extensive and lengthy • process involved in obtaining county fund- ing. PCH Mini Park If Community need, access is available, may be contingent on develop- ment. San Diego Creek IIf Involves establishment of City zoning district and change of zone. North Ford Community Park Ib Community need funds are available - oppor- tunity to capitalize on development project. Eastbluff Remnant IIb Involves establishment of City zoning district and change of zone. Mouth of Big Canyon Id Ownership transfer is in progress. • l� 25 q-1 26 Bayview Mini Park IIe ' Lengthy process obtain- ing SB 821 funds. , Newporter North View Park III Contingent on far term development project. ESA -OS III Contingent on far term development project. Lincoln School Ie Community need, School District is offering site for lease - City must respond quickly or lose options. Oasis Expansion IIa Contingent on mid range development project. Buck Gully IIg Involves establishment of City zoning district and change of zone. Marguerite View Park IIc Contingent upon mid range development proj- ect. Marguerite Open Space IId Contingent upon mid . range development proj- ect. Intensification Projects North Star Beach 3 Existing beach access available - Community need. West Newport Park 6 Hold for 3 adjoining developments. Westbay Park 2 City owned parcel - access available. Peninsula Park 4 Begin study now to assess options. Irvine Terrace Park 1 Project in progress. Grant Howald,.CYC -Oasis 5 Contingent on mid range development project. q-1 26 E �I E q� Program Projects Park Dedication Ordinance 2 First City project after Element .adoption - due to press of pend- ing projects. Circulation Element 1 Concurrent with, Element adoption. Use Element 1 Concurrent with Element adoption. Bikeways Committee 3 Council direction to committee at time of annual report. 27 is EXHIBIT "C" COMMUNITY COUNSELLING SERVICE CO., INC. FUND RAISING PUBLIC RELATIONS MICHAEL A. DENUNZIO, C.FR.E. PRESIDENT, WESTERN DIVISION July 9, 1987 Robert Wynn, City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Wynn: .: 4 Many cities are now raising funds from private sources for municipal projects. Community Counselling Service has developed a successful plan for achieving support from individuals, foundations, corporations and merchants. Some of our recent and current civic clients include: • City of San Francisco Save the Cable Cars $11.3 million raised on a $10 million goal • City of Bakersfield Kern County Library Over $1 million raised to date • City of Paso Robles Centennial Park $1.1 million goal achieved • City of Salinas John Steinbeck Center Organizational Phase We have also been selected to conduct feasibility studies and needs assessments for the following cities: • Tehachapi (Civic Center) • Fremont (Main Library) • San Francisco (Performing Arts) • Oakland (Zoo) • San Jose (Museum) • Thousand Oaks (Cultural Center) CCS is commemorating its 40th year of service. We can assure you the highest standards of professional counsel. Enclosed is a letter of recommendation from Mr. Stuart Ross, Director of the Paso Robles Parks and Recreation Department. If you are in need of funds for a new park, zoo, library, civic or cultural center, or perhaps for renovating an existing facility, we would be pleased to meet with you to discuss your plans. There is no cost or obligation. Simply retum,the enclosed card, or call meat (415)392 -5395. Sincerely, `� dt,ojl a. A%vi Michael A. DeNunzio Enc. MEMpER YgA��Aq< 11 .`-•F� LOSANGELES 369 PINE STREET, SUITE 622, SAN FRANCISCO, CALIFORNIA 94104 415- 392 -5395 • SEATTLE • DALLAS • CHICAGO • TORONTO • NEWYORK • EXHIBIT "D" CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department April 27, 1987 CITY COUNCIL AGENDA ITEM NO. ) TO: Mayor and City Council FROM: Parks, Beaches and Recreation Director SUBJECT: POTENTIAL MINI PARK DEVELOPMENT, 15th and PLACENTIA AREA . Recommendation: Recognize the deficiency in the area and wait for normal,development•of the West Newport Oil Company property which will provide a number of park opportunities if the Implementation Plan of the Recreation and Open Space Element of the General Plan is followed. Background: • At the City Council meeting of December 8, 1986, the question of park and open space in the subject area was discussed. Upon reviewing this matter, it has been determined that the only vacant land that could be used for small park tot lot purposes is the 1/2 acre parcel identified as Lot 20 on the attached map. This location is accessible to a number of new condominium developments in the area and from the-back side of•Newport Crest. It can be reached off of Monrovia Street onto•Halyard or through the property at 1455 Superior. It is surrounded by a chain link fence and most of the property is asphalt paved. In addition, the City Council at their meeting of February 9, 1987 requested that this review include an analysis of the former Banning Ranch property as it relates to our Recreation and Open Space Element of the Genral Plan. Discussion: The Parks, Beaches and Recreation Commission, at their meeting of April 7, 1987, extensively reviewed the park opportunities in the Upper West Newport area. After careful deliberation the Commission unanimously voted to transmit the above recommendation as one that is economically the only feasible alterna- tive. Other alternatives considered by the Commission were: 1., Request authorization from the City Council to negotiate public acquisition of the 1/2 acre Rawl -ins property and develop mini park. Anticipated cost to,be $500,000. $350,000 for acquisition and $150,000 for development, See Attachment "A ". • 2. Pursue acquisition of property in the-West Newport Dill Company property, (Banning) to develop a community park that will serve the entire Upper West 'Newport residential developments. See attached letter that outlines this 5� concept (Attachment "B "). I -2- The staff and Commission have reviewed a number of alternatives and have • found that time and new residential development is the solution to this park deficient area. • i� U �I 5 I � • 1 � 1 ¢ 2 JN QI Q � >OW N UUy'O ay NWJ W 6 W W O Q�ayy¢W¢W i p 8 to U~ U 6J V N 2a2JJ� ,Z Q QNZ V MOR IL ILM CO ¢3� °v >w a 098 a w a MX, (0 O* x�� y tz i,. Ai �'. • tIi 4j3 NATTAEUMEN�J4" 7 lee std b . WLN2OV7d 1t V O O +L day ti A 2 ki / 11A e�AC 'Alf, O ba PI Z! (ZS MCP Ill .211L1 ba PI Z! ATTACHMENT '!B" Q �E�VPpRT _ CITY OF NEWPORT BEACH U Z PARKS, BEACIIES AND RECREATION DEPARTMENT P.O. BOX 1769. NEWPORT BEACH, CA 92658 -8915 (714)644.3151 March 27, 1987 Mr. David Neisch Urban Assist 3151 Airway, Bldg. A -2 Costa Mesa, CA. 92627 Dear David: As discussed with you on the phone, I have been doing an analysis of park acquisition and development possibilities in.the West Newport area above Coast Highway. This area has been 'identified in our Recreation and Open Space Element of the General Plan as highly deficient in park facilities available to the community. Specifically, I have been looking at the recently annexed triangle that is in the Superior Avenue., 15th Street location. In this review, it became desirable to project and consider • what future residential development would occur on the West'Newport Oil Company property. Alternatives can be perceived that might satisfy the entire area from a park requirement standpoint. 4�y Ix Understanding that it might be sometime before the-vacant property is residentially developed, the possibility of advance dedication-or some form of public acquisition with credits given has been discussed at the staff level to accelerate,a public improvement to solve current park deficiencies. Your reaction to this matter or an opportunity-to-meet and discuss alternatives would be appreciated. Thanks for your consideration on this subject 'and if there are any questions, please feel free to call. Cordially,. .Ronald A. Whitley Director 3300 Newport Boulevard, Newport Beach Item No. 13 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department DATE: July 28, 1987 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: STATUS OF CAPITAL PROJECTS Carry Over Projects: Bonita Creek Park Under construction Commun:i.ty Youth Center Bid results will be provided. West Newport Park 'Project is out to public bid. • Cliff Drive Park Under construction. 1987 -88 Projects: Lincoln School Athletic Facilities RFQ's have been mailed to prospective consultants. Backstop for Eastbluff Park Installed; project complete. Fencing at CYC Proposal being pursued. Bowling Greens, Sidewalk Repair Work scheduled for mid - August. Oasis Classroom . Architect selected. Newport Island Consultant selected. • Channel Park Consultant selected'. n • SI TAC Electrical Proposals being developed. -2- Item No. 14 Newport Heights Community Association Newport Beach, California Mr. Ron Whitley Parks, Beaches and Recreation Department City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca 92663 July 8, 4987 Dear Sir, The Board of the Newport Heights Community Association would like to go on record with this letter regarding areas of concern with the renovation of Cliff Drive Park. We have communicated with you and requesting a "wilderness park ", but Many members of the Board, feel that resemblance to the "natural" park concrete than was necessary, and that possibly are unsafe. others over a two year period one which is safe and usable. what has been done bears no we desired, having much more walls, paths and play spaces Specifically, the concerns which we would like restated for the record are as follows: • TOT LOT 1. Height of walls in the play area seem unsafe for small children as they encourage climbing from the inside and ,lumping from them. 2. Places for the playground equipment seem inadequate. 3. Slope from playground is too near basketball court causing it to be steep. This not only is undesirable from a use standpoint but may cause drainage problems onto the court. 4. Aesthetically, the Tot Lot does not conform to the old "preserved" Scout House. STAIRWALLS 1. These walls are higher and cover a greater surface area than we desired. These seem to, invite graffiti and will need to be landscaped to be less unsightly and prevent graffiti. Additionally, we assume the defects in the concrete have been or will be corrected by the Public Works Department. SLOPES • 1. On many occasions in writing and at meetings, we stressed the importance of monies being used an plants and landscaping 5 • Newport Heights Community Association Newport Beach, California 2, rather than all monies being used on the hardscaoe. It is our understanding that city staff will be used for lands,cap.ing and irrigation. �. Mr. Jack Brool:s has stated on July 8th, 5987 that less than 50,000.00 remains at this time for landscaping. We trust that these funds will be sufficient for landscaping to be'completed within a reasonable time and that the result will not be one of sparse vegetation. 3. Mr. Brooks also stated that two large pines may be lost in the tot lot area, and many acacias will be lost on the slopes. We trust that efforts will be out forward to save all e: :isting trees and bushes or replace them with ones of comparable size. In conclusion, we have every hope that the end result will be a beautiful park that will serve the community. It is important for you to note that the Newport Heights Community Association attempted to have a wilderness parka a safe and simple play area, and stairs and walkways which would have reflected the rustic nature of the park. It is also a concern to us that the City of Newport Beach could incur major liabilities resulting from some of the problem areas mentioned in this and previous oral and written communications. Sincerely, Marian Ra(�T, Presr6e Newport Heights Comb n' y Association cc: City of Newport Beach City Council City of Newport Beach Parks, Beaches and Recreation Commission 0 Mr. Robert Burnham, Attorney for the City of Newport Beach �Y�/ Newport Heights Community Association Newport Beach, California Mr. Ron Whitley Parks, Beaches and Recreation Department City of Newport Beach 3304 Newport Blvd. Newport Beach, Ca 92663 July 8, 1987 Dear Sir, The Board of the Newport Heights Community Association would like to go on record with this letter regarding areas of concern with the renovation of Cliff Drive Park. We have communicated with you and requesting a "wilderness park ", but Many members of the Board feel that resemblance to the "natural" park concrete than was necessary, and that possibly are unsafe. others over a two year period one which is safe and usable. what has been done bears no we desired, having much more walls, paths and play spaces Specifically, the concerns which we would like restated for the record are as follows: • TOT LOT 1. Height of walls in the play area seem unsafe for small children as they encourage climbing from the inside and jumping - from them. 2. Places for the playground equipment seem inadequate. b. Slope from playground is too near basketball court causing it to be steep. This not only is undesirable from a use standpoint but may cause drainage problems onto the court. 4. Aesthetically, the Tot Lot does not conform to the old "preserved" Scout House. STAIRWALLS I. These walls are higher and cover a greater surface area than we desired. These seem to invite graffiti and will need to be landscaped to be less unsightly and prevent graffiti. Additionally, we assume the defects in the concrete have been or will be corrected by the Public Works Department. SLOPES 1. On many occasions in writing and at meetings, we stressed •- the importance of monies being used on plants and landscaping 1 • To. From Dater. Subject • • Parks,, Beaches and Recreation Comae ss:on Beach and Ocnranfront Committeo October J., 1987 Volleyball Court Location and Resolution 33-9 Daci;r.:roc.ind - Due to one resident complaint about location o? court and another resident complaint about installing a new court, Comms_ sinner Wolfe requested that the reach and Oceanfront Committeag 1. Review volleyball Resolution No. 83 -9 for possible revision. 2. Check placemc-_Qt, of current beach courts to ane if there 0:j compliance with current policy. Commissioner Wolfe and MarF Devon inspected all the vo;l iayball courts and made recommendations about those courts. In referring this matter to the Beach and Oceanfront: Committee, the commissioners gave the following i.nstryictions to be kept in mi�nld by the Beach and Oceanfront Committee as this matter was being studied. I. Have someone involved from the community. 2.. Don't put an overemphasis on the people an the beach front. 3. Keep the public in mind in studying thr. problem:. 4.. Look at establishing a precede -re of who gets to play and for how long. 5. Loot; at establishing net regulations. 6. In constructing any revisions7 keep in mind that the majority of people have to approve installations and the majority of people should nave_ to approve removing installation. 7. If on= area has a .eider beach, Peep ar_n in mind and width and available parVing in mind. Commissioners Springor and Taft tools the same rid_ MOM the beach and later mot with resident Bill Bennett and staff. ecommendat__,ns - i. RE`bolution 83-9. A revision of this resolution is recommended. Copy of proposed r*vis•ed re.r-.l•..Won will be submitted to you. In summary, 0K K •f ol'l owi ng changes are recommended A. MUM 9mation 1 Because of liai: :.. ity of applicant Survey of Beacn Volleyball locations - AugusL 23, 087 ~ it in felL that the proposed revised procedures for instaNing volleyball courts are logical and clear ano cnaL the rules for their placement make sense and seem Lo be wor|jng as evidenced by the lan of complaints" The, committee agreed with most of the recommendations contained in the survey and is recommending that non-complying courts be posted for removal W0 day notice) and removed if application 09 specifjed in 87-9 is not made | " / \ �� 3. Proposed volleybal] net and court regulations" The commitW felt that the current system is working as evidenced that there have been no complaints. The players say that it is difficult to stcre the net because j? a player takes the net home, �' may not be the first one back to the beach the />*^:t day" The nets cost 1100 so the vast majority of the players do remove the nets; and court lines each day when they compleLe play" General Services cannot clean the courts when the lines are still there" [t was pointed out that the coorts are seldom dirty because the players keep the courts clean. The committee rucommends that no ^~ulen he established beceuse there have been no complaints and because it would he dif{'cul�� to enforce ridos" To this Point thero j'� no � t ~ � "tat has over orcured and the commit�ee did ~t�^ e y p�c�lpm n fee1 th,F an nccasir.nal net la[t up ail night :ould create �r� safeqy problems. - � ',} `c.`L {ud 1011W450L our LZ and W" .`cn oi aP~` ~ Ionn it was fe]t LSat ihis section xas noE �eeded" ^ . 5^ Revise Section 3 - Eliminate the permanent tournameni location at Balboa Vier between nB// and 'Cx Streens .4010 near fire pits for salety}. Retain Corona del Mar tournament location. C" Rsvise Section o ~ Provide for semi-annual inspection of the beach by PBR DPpartment in May and October to check on compliance with volleyball court locaticns and provide for removal of unauthorizeo mar-complying coortc by posting a 10 day notice on unauthorized court explaining application procedures. D. Section 9 - Change the dimensions of allowed poles t�:, be installed and maintained by city to add 4" X 4» X 12' polos in addition to r"rrpnt 6" X 6// h i2' polos" E. Section 7 - Revise wprding to more clearly define /'200' of either side of the proposed installation'' " F. Add new section - The same type of procedures for removal of authorized volleyball courts as in establishing volleyball courts. Survey of Beacn Volleyball locations - AugusL 23, 087 ~ it in felL that the proposed revised procedures for instaNing volleyball courts are logical and clear ano cnaL the rules for their placement make sense and seem Lo be wor|jng as evidenced by the lan of complaints" The, committee agreed with most of the recommendations contained in the survey and is recommending that non-complying courts be posted for removal W0 day notice) and removed if application 09 specifjed in 87-9 is not made | " / \ �� 3. Proposed volleybal] net and court regulations" The commitW felt that the current system is working as evidenced that there have been no complaints. The players say that it is difficult to stcre the net because j? a player takes the net home, �' may not be the first one back to the beach the />*^:t day" The nets cost 1100 so the vast majority of the players do remove the nets; and court lines each day when they compleLe play" General Services cannot clean the courts when the lines are still there" [t was pointed out that the coorts are seldom dirty because the players keep the courts clean. The committee rucommends that no ^~ulen he established beceuse there have been no complaints and because it would he dif{'cul�� to enforce ridos" To this Point thero j'� no � t ~ � "tat has over orcured and the commit�ee did ~t�^ e y p�c�lpm n fee1 th,F an nccasir.nal net la[t up ail night :ould create �r� safeqy problems. - � r� Newport Heights Community Association Mr. Ran Whitley Parks, Beaches and Recreation Department City of Newport Beach 3390 Newport Blvd. Newport Beach, Ca 92663 July 8, 1987 Dear Sir, The Board of the Newport Heights Community Association would like to go on record with this letter regarding areas of concern with the renovation of Cliff Drive Park. We have communicated with you and others over a two year period requesting a "wilderness park ", but one which is safe and usable. Many members of the Board feel that what has been done bears no resemblance to the "natural" park we desired, having much more concrete than was necessary, and walls, paths and play spaces that possibly are unsafe. Specifically, the concerns which we would like restated for the record are as follows: . TOT LOT 1. Height of walls in the play area seem unsafe for small children as they encourage climbing from the inside and ,lumping from them. 2. Places for the playground equipment seem inadequate. 3. Slope from playground is too near basketball court causing X it to be steep. This not only is •undesirable from a use standpoint but may cause drainage problems onto the court. 4. Aesthetically, the Tot Lot does not conform to the old "Preserved" Scout,House. STAIRWALLS 1. These walls are higher and cover a greater surface area than we desired. These seem to invite graffiti and will need to be landscaped to be less unsightly and prevent graffiti. Additionally, we assume the defects in the concrete have been or will be corrected by the Public Works Department. SLOPES I. On many occasions in writing and at meetings, we stressed the importance of monies being used an plants and landscaping 0 • Newport Heights Community Association Newport Beach, California 2. rather than all monies being used on the hardscaoe. It is our understanding that city staff will be used for landscaping and irrigation. 2. Mr. Jack Brooks has stated on July 8th, 1987 that less than $50,000.00 remains at this time for landscaping. We trust that these funds will be sufficient for landscaping to be completed within a reasonable time and that the result will not be one of sparse vegetation. 3. Mr. Brooks also stated that two large pines may be lost in the tot lot area, and many acacias will be lost on the slopes. . We trust st that efforts will be put forward to save all existing trees and bushes or replace them with ones of comparable s -i,ze. In conclusion, we have every hope that the end result will be a beautiful park that will serve the community. It is important for you to note that the Newport Heights Community Association attempted to have a wilderness parW, a safe and simple play area, and stairs and walkways which would have reflected the rustic nature of the park. 'I.t is also a concern to us that the City of Newport Beach could incur major liabilities resulting from some of the problem areas mentioned in this and previous oral and written communications. Sincerely, Marian Ravl , Fresideyt, 'p Newport Heights Commun y Association cc: City of Newport Beach City Council City of Newport Beach Parks, Beaches and Recreation' Commission . Mr. Robert Burnham, Attorney for the City of Newport Beach 1 ' Item No. 15 PARKS, BEACHES AND RECREATION COMMISSION SUBCOMMITTEES ` 1 JULY 7, 1987 Street Tree Committee Chair - Herberts Grant and Wolfe Recreation Program Committee Chair - Taft Springer Herberts Oceanfront and Beach Committee Chair - Springer Taft Capital Improvements Committee Chair - Wolfe Brenner Herberts ? -Budget Committee Chair - Konwiser Brenner Springer Friends of Oasis L- iaison Wolfe t Friends of the TAC-Liaison Grant ' Park Maintenance Committee Chair - Konwiser Taft Grant Art in Public Places Chair - Herberts Brenner Beach Litter Committee Arches Coast Hwy. Interchange Chair - Konwiser Chair - Springer 1 5 Bonnie Jeannette Taft CITY OF NEWPORT BEACH 40 Parks, Beaches and Recreation Department DATE: July 23, 1987 TO: -Beach and Ocean Front Committee FROM: Recreation Superintendent SUBJECT: Potential Liability, Parking Lot Fees vs. Level of Lifeguard Services Background: Following the Commission meeting of July 7, Diana Springer, Chair of the Beach and Ocean Front Committee,, requested that legal and risk management resources provide opinions regarding the City's potential liability at Corona del Mar State /City Beach. Specifically,'the committee desired an answer to the following question: Does•the City's liability increase if it charges for entry into the parking lot when providing a minimum level of lifeguard service on the beach? The Marine Department generally staffs parking lot attendants on weekends year round and suspends daily staffing-November - January only. Marine . Safety personnel provide at least a minimum'level of staffing by assigning one lifeguard in a four -wheel drive vehicle all weekends throughout the year. Weekend and daily staffing beyond that level during the spring and fall varies with weather conditions ;'however,,availability of part -time lifeguards is a definite problem due to the seasonal nature of the work force. Full staffing occurs during the summer. Liability Summary The City's Risk Manager felt there could be-liability but indicated that the question is more of a legal issue. The Assistant City Attorney posed the question to David Cassleman, an Attorney who has defended Newport Beach and other coastal communities on-beach related - cases. Mr. Cassleman characterized the charging of parking Tot fees-while providing a minimum level of lifeguard service as an• "inflamatory issue." Mr. Cassleman suggested the following alternatives: 1. Post signs at the parking lot entrance indicating the level of staffing. 2. Develop a method of "corraling" swimmers into a "safe swimming" area. The area designated should be close to•a- lifeguard tower which would be staffed. 3. Clearly post signs indicating the "safe swimming" area. Although a patrol vehicle could still be used, Mr. Cassleman feels that the City's liability could be reduced by designating a swim area -and staffing the closest tower since a lifeguard is more effective stationed-in a tower than riding in a vehicle. -2- Recommended Action: . The Marine Department is recognized for its record Marine Safety. Therefore, it is recommended that be shared with-Department staff for the evaluation The alternatives proposed-by Marine Safety Captain embrace procedures for increased staffing. • 0 cc: Ronald A 61 of outstanding service in the results of this inquiry as to costs and•feasibility. Bud Belshe already • Ma even Whitley, Director �J 9 July 23, 1987 TO: RECREATION SUPERINTENDENT FROM: General Services Director SUBJECT: BEACH RESTROOM VANDALISM In order to assist you with your study of attendants for beach restrooms to combat vandalism, the total annual restroom replacement fixtures cost $21,900.00 (April 1986 to April 1987). This expense averaged $1825.00 /month and did not include labor nor vehicle expenditures. One could easily increase the total annual cost by 50% for these latter two factors. The majority of vandalism occurs at the Washington Street, Balboa Pier, and Newport Pier restrooms. David E. Niederhaus DEN /es cc: City Manager 110 Item No. 16 •RECREATION DIVISION is JULY, 1987 PROGRESS REPORT Special Interest Activities Summer registration in fitness, tennis, art and other special interest programs has continued very strong this summer. Participation and revenue is on a pace to exceed last year's totals by approximately 15%,. Of significant interest is the strong performance of youth classes, especially-in tennis, art and special subjects. -Department staff has also completed the °fall' brochure which is currently being printed and should be mailed August 24. Youth Activities The 14th Annual 4-th of July - celebration commemorated the national holiday in fine style as over 800 people participated•im the parade,•enterta.inment and other activities. •Councilmembers Evelyn Hart'and•Clarence Turner, Commission Chair Clyda Brenner, Commissioner Barbara de Boom, Supervisor Tom Riley'and Congressman Robert Badham led the-list of dignitaries who rode on a horsedrawn haywagon. The Mariners vol .unteers'coordinated,•by'Dana Black performed tirelessly while staffing food concessions, games and entertainment.• Youth activities led by girls softball are keeping many young people busy this summer. City playground programs at Mariners and the Community Youth'Center are well attended during daily staffing, 10 A.M. - 4.P.W.. Registration in the competitive aquatics program is also increasing slightly-after a low trend prior-to the start of the Ah summer. Sports and Aquatics Adult leagues in basketball and•softball•continued to progress in July. The sports section will be scheduling the annual end of-'summer tournament scheduled August 10 - 20. Aquatics participation- is down'from last summer at least partially due to the weather. Recreational swim attendance is down considerably and instructional classes are down slightly. Due to the relatively low levels, staff hours have been reduced to compensate for the decreased revenue. Sailing classes are also experiencing lower enrollments partially due to the.cooler summer weather. Seniors The City-and the Friends hosted their own Fourth of July picnic which attracted approximately 300 people for music, food and a "Patriotic Pageant." All set up and support was provided by Friends of Oasis vbl'unteers. Classes which continue to be well' attended during the -summer include Club-Polynesia, Defensive Driving and the Caregiver Support Group. The•latter; program, provided during Fiscal Year 1986 =87 under a grant program through the Area Agency on Aging, is now funded on a trial basis by the City and the Friends jointly. The August schedule is attached. �� Ma rII Deven ! I N a� t •• N , M d 11 NI i hr Q rl' N 1- V JCL ) ¢roS- N 0 Q P.M .0 1 i- N I> � N N ,O YrM O m X`'' � ' N w I i i I E OvI fir` I ir{ .M3 OSs*.: I `•• . i C C %"+ M X (a• a c c i�'M E I ; ri of w ( I rtf ! I N a� t •• N , 11 NI i rl' , rll N 0 � X`'' � ' N w I i i I E I I `•• . i C C ,r M X (a• a c c i�'M E I ; ri of w ( I rtf + i + , I Q � •- I � I I � y `c n ry N i , I i , I C i •r I d N M I C C I ", C I u r c f I N I� r _ + I ', to � ; � � � • egg � I { I � I u•.. mn ._ r r. � 111 � t Item No. 17 PARK AND "STREET TREE DIVISION • JULY, 1987 PROGRESS REPORT Our Park Crews performed the following. tasks in addition to normal maintenance during the month of July: Two new water services were installed--by, the,Water Department. with Parks Division's assistance on the Jamboree median being developed between Eastbluff Drive N. and Bayview. At 38th Street Park irrigation and fescue sod were installed; sod and planter areas were graded. Planted 674 5 gal'. Raphiolepis and 60 flats of ground cover. Set 24" box of'Liquid Amber Trees around the portable restrooms at McFadden Interchange near the bus stop, Seashore and Orange, Channel Park, and City Hall. This is for summer only. The City has taken over the maintenance of Bayview Park and the traffic median on Jamboree and Bayview previously maintained by the developer. Installed irrigation at Cliff Drive Park. Regraded lawn area; installed railroad tie-retaining-wall- by new lawn area; and • repaired irrigation main water line damaged by contractor. Installed hand railsat -Corona• del Mar Bluffs on stairs at Inspiration Point. Our Street Tree Division performed the following:-" Trimmed 643 trees. Planted 11 trees. Removed 8 trees. Root pruned 16 trees. Completed 21 work requests. Areas being trimmed this month are Harbor View Hills West and Buffalo Hills Phase III. • ` J - '�roo k Jac s 1I i kmw .. /