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HomeMy WebLinkAbout05-01-1990 - AgendaCITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION COMMISSION • REGULAR MEETING TO BE HELD TUESDAY, MAY 1, 1990 CITY COUNCIL CHAMBERS T:00 P.M. I. PROCEDURAL MATTERS 1. Call to Order 2. Roll Call 3. Approval of Minutes - Meeting of April 3, 1990 4. Adoption of Agenda II. AC 5. 6. 7. • 8. 9. TION ITEMS Trees on 200 Block of Tree Removal Appeal - Corona del Mar High S Removal of Volleyball Oasis Conceptual Plan Larkspur (Report Attached) 1849 Seadrift Drive (Report Attached) :hool Olympic Pool Policy (Report Attached) Court - 43rd Street (Report Attached) (Report Attached) III. PUBLIC COMMENTS IV. DISCUSSION ITEMS 10. Lights at Lincoln (Memo Attached) 11. Status of Capital Projects (Memo Attached) 12. Park and Street Tree Division (Report Attached) 13. Recreation Division (Report Attached) V. COMMISSION COMMITTEES 14. Capital Improvements - Chair Konwiser 15. Street Tree - Chair Herberts 16. Recreation Program - Chair Compton 17..Oceanfront and Beach - Chair Vandervort • 18. Budget - Chair Taft 19. Parks and Open Space Acquisition - Chair Grant I20. Newport Shores Park - Chair Compton -2- 21. Chair's Report . 22. Commission Liaison Assignments a. Friends of Oasis - Commissioner Demmer b. Friends of the Theatre Arts Center - Commissioner Compton VI. SPECIAL, URGENT OR LAST MINUTE ITEMS VII. ADJOURNMENT IN CITY OF NEWPORT BEACH C� 11 3 Item No. 3 arks, Beaches & Recreation Commission April 3, 1990 City Council Chambers 7 p.m. INDEX Ex- Officio Member Present: Ronald A. Whitley Staff Present: Nancy Beard, Recreation Superintendent Jack Brooks, Park and Tree Maintenance Superintendent Maggi Craven, Acting Secretary I. PROCEDURAL MATTERS Item #1 - Call to Order Call to Order The meeting of the Parks, Beaches and Recreation Commission was called to order at 7:00 P.M. Item #2 - Roll Call Roll Call Roll call was taken. Commissioners Compton, Demmer, Taft, Konwiser and Vandervort were present. Commissioners Herberts and Grant were absent. Item #3 - Approval of Minutes - Meeting of March 6, 1990 Approval of Minutes Commissioner Compton moved the minutes of the March 6, 1990 meeting be approved. Unanimous. Item #4 - Adoption of Agenda doption of Benda The agenda was adopted as presented with the addition of Greenbelt Area /American Legion to be addressed under' Item #15, and that Jim Tucker, Friends of the Pool, would address•.the Commission under Public Comments. II. ACTION ITEMS Item #5 - Tree Removal Appeal, 1624 Anita Lane Free Removal ppeal The Commission determined that the tree under discussion at the last meeting was the wrong tree. The tree to be removed is adjacent to the one under discussion at the last Commission meeting. Chair Taft opened the meeting to Public Testimony and Pearl Cotliar of 1618 Anita Lane addressed the Commission. Ms. Cotliar referred the Commission to the letter of her neighbor, Frances Ciaccio. Ms. Cotliar added that she needs to remove this tree for a new driveway. She noted that there are presently four trees on the property and the CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 2 City Council Chambers 7 p.m. INDEX removal of this particular tree would not lessen the beauty of the neighborhood. Ms. Cotliar said her sidewalk is lifted in several areas. Ms. Cotliar also advised that she has had to put in a new draining system. She submitted pictures to the Commission. There being no further Public Testimony, public hearing was closed. Commissioner Demmer noted she observed that the sidewalk was in excellent condition and that Ms. Cotliar's property was in excellent condition. Commissioner Compton asked Jack Brooks if there is a prob- lem putting in a tree at this location. Mr. Brooks advised the Commission that staff had recommended removal and re- placement. Commissioner Konwiser noted that sprinklers had been put in and that the property was greatly enhanced by parkway trees. He observed that the curb and sidewalk were in good condition. He was not satisfied with the driveway but suggested that the property owner could put in,a "cold joint." Commissioner Vandervort noted that there was some cracking in the driveway, but it was not in the main pathway. She was impressed with the overall condition of the property. Chair Taft had observed the property and favored retaining the tree. Motion x Commissioner Konwiser moved the tree be retained in its Ayes x x x x present condition. Unanimous. Item #6 - Tree Removal Appeal, 2301 Holly Lane rree Removal ppeal Commissioner Demmer addressed the Commission advising that the Street Tree Committee went to the site and observed no physical damage to the curb or parkway and noted that the tree was healthy and appeared to be causing no detri- mental effects to the street or neighborhood. • Following Commissioner Demmer's. opening statement, Chair Taft opened the meeting to Public Testimony. L� Melissa Donaldson of 2301 Holly Lane addressed the Commis- ` sion. Ms. Donaldson reported that she has incurred an CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 3 City Council Chambers 7 p.m. INDEX increased number of root cleanage bills and there has been damage to her pipes. Ms. Donaldson requested removal of the Ficus Tree because of these problems. There being no further Public Testimony, public hearing was closed. Chair Taft asked Jack Brooks whether Ms. Donaldson could remove this tree if the City will not. Mr. Brooks reported that if the tree in question is within five feet of the sewer line, then the City can remove and replace with another tree in some other section of the property. He further added that staff recommends no removal and that Ms. Donaldson be required to have a tracer to determine proximity of the sewer line. He further noted that her property is within the Costa Mesa Water District. Commissioner Demmer reported that she observed a Pine Tree on the property that may be causing problems. She further noted that there, is obviously a problem, but it may be the Pine Tree which is causing the problem. Commissioner Konwiser noted that the underlying sentiment is whether the Pine Tree might be the real problem. He observed that the Pine Tree was very misshapen. Commis- sioner Konwiser recommended removal of the Pine Tree and retainment of the Ficus Tree. Commissioner Compton recommended finding the sewer line. If the Ficus is on the sewer line, then he would be in favor of removing the Ficus Tree. Commissioner Vandervort noted that Ms. Donaldson's letter referred to the owner's water line. Commissioner Vandervort recommended that the property owner take out the Pine Tree now and if the problem continues, then have the property owner return in a year with bills substantiating further problems. Chair Taft agreed with Commissioner Vandervort concerning removal of the Pine Tree. Jack Brooks advised the Commission that the City has de- tectors which could determine the proximity of the sewer line. Commissioner Konwiser recommended that staff not be involve in the detection if the property owner could not afford the cost. He advised that he had other sources for detec- tion if the owner so desired. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 4 City Council Chambers 7 p.m. INDEX Motion x Commissioner Vandervort motioned the property owner Ayes x x x x x determine whether the Ficus Rubinginosa at 2301 Holly is within five feet of the sewer line and, if it is not, there be no removal of said tree for at least one year. Unanimous. Item #7 - Tree Removal Appeal, 506 Begonia Tree Removal Appeal Commissioner Compton advised the Commission that the Street Tree Committee met and there was a split vote on this item. Chair Taft opened the meeting to Public Testimony and Mr. Whitney J. Grant, 506 Begonia Avenue, addressed the Commis- sion and advised that the two trees on his property are very healthy but they are extremely hazardous for the parking area. He advised that the pavement had been replaced twice in 12 years. He further noted that the trees are 58" in . diameter and still growing. Mr. Grant was concerned with the hazardous conditions on the parkway strip. There being no further Public Testimony, public hearing was closed. Commissioner Demmer submitted that a compromise might be the answer. She recommended that one tree be taken out and one tree remain. Commissioner Vandervort recommended that the tree in front of the front entrance walkway, i.e., the southern of the two trees, be removed. Commissioner Compton recommended that one of the trees be removed and the remaining tree be trimmed. Commissioner Konwiser noted that the property owner was overburdened and he agreed that one tree should be removed. Chair Taft agreed that the property owner had a significant burden with two trees. Motion x Commissioner Konwiser moved the tree closest to the ocean Ayes x x x x x be removed. Unanimous. Item #8 - 38th Street Park, Basketball Courts 38th, Street Park Director Whitley opened this item with a brief history of the park. Mr. Whitley reported that this park had been re- furbished three or four years ago and at the time the boule- vard was widened, thus the park lost one -third of its CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 5 City Council Chambers 7 p.m. INDEX original space. Mr. Whitley further., - advised that the park in its present condition has won State wide awards for-the usage of space. Mr. Whitley submitted that staff belgiven the opportunity to monitor the park for a period of time and assess the situation on the basketball courts, and then make a recommendation as to whether compliance signs should be used or some other steps taken. Director Whitley further noted that a half court in the` West Newport Park has been added and it is having good use. Commissioner Demmer asked staff how the monitoring would be accomplished and would it ultimately alleviate the problem. Chair Taft opened the meeting to Public Testimony. Gary L. Wyatt, 3704 Park Lane, addressed the Commission and advised that 38th Street Park has become inundated all day and hight with basketball players. There are 25 players on any afternoon and on weekends there are as many as 50 to 60 players. There are tournaments and the players are mostly older and from other cities. The use of profanity and the sounds of portable radios are increasingly loud. He further addressed the issue of parking and heavy traffic in the neighborhood. Mr. Wyatt recommended that the City allow the shrubs to grow longer and not be trimmed in order . to create a buffer for the neighborhood. He expressed his desire that if the problem of noise cannot be rectified he would like the courts closed and replaced with grass and trees. Art Campos, 3608 Park Lane, addressed the Commission and expressed his love of the courts and he added that he felt the City was doing an excellent job in providing playing courts. He told the Commission he wanted the-park to remain in its present condition. Commissioner Konwiser submitted that the West Newport area is of high density right now. He added that he agreed with Director Whitley that monitoring the courts would be a good start along`,with_the use of stronger signs for the public. Commissioner Compton expressed that the key to the problem is enforcement. He further added that rowdy behavior cannot continue. He agreed with Director Whitley concerning monitoring the park and the use of signs. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 6 City Council Chambers 7 p.m. INDEX Commissioner Vandervort reported to the Commission that she had visited the park and observed about twenty four people on an afternoon. She did not observe any parking problems. She agreed that the shrubs were very short. Commissioner Vandervort suggested the placement of more half courts to defuse the present conditions. Chair Taft reported that the park was well used and the utilization of space was excellent for a small area. He added that he would be in favor of monitoring the courts and perhaps in the near future adding a court at Channel Place-Park. Commissioner Compton expressed his empathy to Mr. Wyatt with regard to the noise and the inability of smaller children getting court time. He expressed that the City must not let the parks become a problem for the neighborhood. Commissioner Compton recommended that the City take steps to monitor the park. He is opposed to closing down the full • court, and recommended that staff establish an effective monitoring system to alleviate the noise. Commissioner Konwiser concurred that staff should monitor this park. Director Whitley recommended to the Commission that staff gather the following information to implement rules and regulations: (1) Parking; (Z) Language and profanity; noise from radios; (3) The hours when courts are in use; i and (4) The stronger enforcement of effective signs. Director Whitley added that he would like to.begin the monitoring.of the courts as soon as.possible so that the situation could be rectified by the summer. Chair Taft agreed that staff should start as soon as possibl so that some guidelines and regulations would be enforced. Commissioner Compton had questions concerning police enforce- ment and the Parks, Beaches and Recreation Department. Motion. x Commissioner Compton motioned that staff take immediate Ayes x x x x x steps to monitor the 38th Street Park basketball courts and • initiate enforcement, whether they be in the form of signs or other measures. Unanimous. CITY OF NEWPORT BEACH • arks, Beaches & Recreation Commission Page 7 City Council Chambers 7 p.m. INDEX III. PUBLIC COMMENTS Friends of the Pool Friends of the Pool Jim Tucker addressed the Commission requesting that an Ad Hoc Committee of volunteers be recognized and formed as a non - profit corporation under Section 401C(3). The purpose of the corporation would be to raise funds for the future maintenance of the pool. Mr. Tucker advised that approxi- mately $240,000 has been raised from individuals and alumni; approximately $215,000 from.corporations; $625,000 from the City; approximately $225,000 from the County of Orange; and about $420,000 from the School District. IV. DISCUSSION Item, #9 - Rules and Regulations, Corona del Mar High School Rules and Olympic Pool Regulations, Corona del Commissioner Compton opened'the discussion reporting to the Mar Olympic Commission that the Recreation Subcommittee and staff had a Pool fruitful meeting and,that an agreement was reached for joint use of the pool. Hours are specified in the agreement. 'He further added that the finalization of the rules and regulations will be determined next month. Chair Taft inquired as to the disposition of the existing pool. Commissioner Compton advised that it may become a practice pool for the School District. Commissioner Compton also, advised the Commission that Oasis had been invited to participate, but there were some questions about the footage in the shallow end of the pool for aerobic exercises and whether the showers would have hot water. Commissioner Demmer congratulated Mr. Tucker for the success- ful completion of the pool. Mr. Tucker told the Commission the success of the new pool was contingent on the Parks, Beaches and Recreation Department's support. Chair Taft noted that the pool was a great asset to the City and reminded everyone that on April 25, 1990, Corona del Mar vs. Harbor High School has a swim meet which is open to the public. Commissioner Compton submitted to the Commission that the Agreement between the City and the Newport -Mesa Unified CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission City Council Chambers 7 p.m. INDEX School District Title I, Di'vision III, Chapter V covers the Friends of the Pool. The Commission agreed to table adoption of Rules and Regula- tions concerning priority of use of the pool until the next meeting,when it will be an Action Item. Item #10— Girl Scout Lease Agreement i Girl Scout Lease Director Whitley reported to the Commission that staff had Agreement recommended the following with regard to the lease agreement: (1) Modify automotive insurance; (2). Add provision for use b Parks, Beaches and Recreation and also use by local communit and civic organizations; and (3) Add provision requiring One Dollar compensation to the City. Director Whitley further advised that City Council did not elect to put in No. 2 provision because they had received . numerous letters from Girl Scouts requesting that the facility not be made available to the public. Mr. Whitley further added that the lease is presently a 1.3 year term and it is staff's position that this facility should not have a City sign. Commissioner Vandervort inquired of staff why liability automotive insurance was necessary. Director Whitley ad- vised that all Girl Scouts transport the children all over the County, therefore, the City requires insurance. Item #11 - Trees on•200 Block of Larkspur Trees on 200 Block of Director Whitley opened this discussion by advising the Larkspur Commission that a letter was received from a homeowner on the 200 block of Larkspur at the approximate time a neighbor- hood petition was received. Director Whitley recommended that this item be tabled and brought up as an Action Item at the next Commission meeting so that staff may have an opportunity to review the ordinances and discuss the issue with the Planning Department and City Attorney. Jack Brooks reported to the Commission that the Department advised the homeowner that parkway trees were permitted, but not more than three trees. The tree acceptable for the • parkway is the Magnolia. Chair Taft opened the meeting to Public Testimony but I tempered the time factor, reminding the public that this item will be an Action Item at the next meeting. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 9 City Council Chambers 7 p.m. INDEX Betty Bottorf, 221 Larkspur, addressed the Commission advising that there are no trees on her block. She further advised that these trees impact the view of six homes at the present time and that trees have never been planted in this area. -Keith Burnett of 215 Larkspur addressed the Commission advising that he purchased his home one year ago specifically for the great ocean view. He further advised that no trees have been planted for 40 years. He said that his property value is decreased by these trees. E.J. Mueller, 222 Larkspur, addressed the Commission ad- vising the Commission that he asked the owner of 3128 Larkspur to refrain from planting the trees. It is Mr. Mueller's understanding that there is an established City Ordinance with regard to planting trees on Ocean Boulevard. Mr. Mueller further advised that his view is now 30% im- paired by these trees. Michael E. Bayer, M.D., 3128 Ocean Boulevard, addressed the Commission. He stated that Jack Brooks approved the planting of 5 or 6 Magnolia Trees with the proviso that the property owner keep them back from the stop sign. Dr. Bayer further advised that when the neighbors saw the holes for trees, an uproar ensued. Dr. Bayer immediately called Mr. Whitley. -Dr. Bayer also stated that Mr. Brooks came out to the property and observed that one of the trees was too close to the fire hydrant, and Mr. Brooks told him to plant only three trees. Dr. Bayer expressed his confusion and dismay with the City concerning what his rights are with respect to tree planting. Commissioner Konwiser reported to the Commission that he had visited the area and observed the area. He expressed to the homeowner that .view impact is crucial to the homeowners in the area and he hoped that-the neighbors and Dr. Bayer could reach a happy medium. Commissioner Compton encouraged the homeowners to try to work out their differences before next month's meeting if possible. Commissioner Demmer noted that the Commission needed to review the Ordinances in•their entirety and be advised of • the legal interpretations as they apply to this request by the homeowner on Larkspur prior to the next meeting. Chair Taft advised the Commission that this is an Action Item for next month's meeting and closed the discussion. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 10 City Council Chambers 7 p.m. INDEX Item #12•- Status of Capital Projects FY 1989 -90 Status of Capital Director Whitley opened the discussion reporting that for Projects the last two months there has been little activity on this matter. He ,further stated two projects are presently awaiting Public Works to coordinate plan checks -with the, Building Department. Inspiration Point is awaiting planting of slopes, and two restrooms are being installed at the Community Youth Center and EastblUff Park. Jack Brooks reported that one island on Jamboree Road has been completed: He further stated that the other projects will be accomplished when the construction of Jamboree Road is completed. Nancy Beard, Recreation Superintendent, reported that the lights at the Lincoln facility will remain off until April 2 at which time shields will be installed. • Commissioner Konwiser noted that a sign should be placed at Inspiration•Point. Jack'Brooks advised that he is in the process of placing one on a bench at the site. Item #13 - Recreation Division Recreation Division Nancy Beard reported to the Commission that the spring quarter has started and that the Department has been very busy and all programs are in progress. Ms. Beard noted that the Scenic 5K Run is on schedule. Commissioner Vandervort expressed-an interest in the Bay i Watchers program. Nancy Beard submitted that she will re- port on this program at next month's meeting. Item #14 - Park and Street Tree Division- Park and Street Tree Chair Taft inquired of staff about the'steps that lead no- Division where in Begonia Park. Jack Brooks advised.that a bid has been received and that these steps will be removed within one month. Commissioner Demmer addressed the issue of the green area next to the American Legion building and inquired of staff if the City owns the green strip. Director Whitley advised • that the turf area is City owned. CITY OF NEWPORT BEACH • • arks, Beaches & Recreation Commission Page 11 City Council Chambers 7 .p.m. INDEX Commissioner Demmer stated that the turf area might be an appropriate place for a basketball court, as there is a wide street and it is adjacent to tennis courts. Director Whitley reported that the American Legion has plans to extend their lease and possibly develop this area themselves. Mr. Whitley reported that originally staff made a•proposal that this piece of turf be used as a dry dock for boats, but the proposal was turned down. Chair Taft requested staff to follow through with the Park and-,Open Space Committee and to check with the American Legion and Central Newport concerning future plans for this turf. V. COMMUNICATIONS RECEIVED Item #15•- Card Received Re.. Dogs on Beach Card Re- ceived Re. The Commission noted receipt of the postcard concerning Dogs on dogs on the beach. Beach VI. COMMISSION COMMITTEES Item #16 - Capital Improvements Capital Improvements No report from Chair Konwiser. Item #17 - Street Tree Street Tree Commissioner Compton reported that four tree requests have been completed and the next committee meeting is April 5. Item #18 - Recreation Program Recreation Program Chair Compton advised that this program had been addressed under Item #9. He also noted that the committee was meeting with staff. Nancy Beard reported that a message for the summer recrea- tion brochure program is needed. Commissioner Compton noted that the Department should have a credit in the message. Chair Taft advised that Commissioner Compton work with staff to create two messages, namely (1) A message from the Chair of the Commission and (2) A message from the Commission recognizing the Department's diligent work. CITY OF NEWPORT BEACH • u arks, Beaches & Recreation Commission 'Page 12 City Council Chambers 7 p.m. INDEX Nancy Beard advised staff should receive these messages by April 9, 1990. Item #19 - Oceanfront and Beach Oceanfront and Beach Committee Chair Vandervort reported that she was gathering information on the replacement of existing poles with a new type of poles. Commissioner Konwiser reported that the beach encroachment issue has been turned over to the Planning Department and City Council. It will be decided by City Council how many feet for a residence and establish a yearly fee. Item #20 - Budget Budget No report from Chair Taft. Item• #21 -•- •Parks and Open Space Acquisition Parks and Open Space No report. Acquisition Item #22 - Newport Shores Park Newport Shores Park No report from Chair Compton. Item #23 - Chair's Report Chair's Report Chair Taft reported that the recreation conference in San Diego was very enjoyable. As a result of this conference Chair Taft proposed that the Commission effect the following: New commissioners be introduced to all Department Super- intendents and Supervisors and apprised of their duties and be given a brief tour of all recreation facilities so that the Commissioner(s).can be knowledgeable about the activities within the Department. Chair Taft further noted that inter - community programs have been initiated in Irvine, Laguna and Huntington Beach-to help solve common problems. Director Whitley noted that a group of Recreation Departments had formed called L.A. Basin but it was too widespread and did not continue. Recreation Superintendent Nancy Beard'-reported that a new Youth Council had been formed in conjunction with City Counci involving Newport Harbor High School and Corona del Mar High School and City Council Members Sansone and Watt. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 13 City Council Chambers 7 p.m. INDEX Item #24 - Commission Liaison Assignments Commission Liaison A. Friends of Oasis - Commissioner Demmer reported that Assignments -Norma Gilcrest had been elected President. She further noted that Oasis wants to extend its services to the West Newport Community Center and is meeting with the Long Range Planning Committee to make plans to that effect. B. Friends of the Theatre Arts Center - Commissioner Compton• reported that the parking lot light is out of order. Director Whitley advised he would • recti -fy the ' problem. Commissioner Compton also reported the back side of the hill needs planting. Jack Brooks reported the back side hill had been planted. VII SPECIAL, URGENT OR LAST MINUTE ITEMS . Chair Taft noted that Arbor Day is set for April 27, 1990. Chair Taft advised that Item #7, Tree Removal Appeal at 1100 Pembroke Lane, be placed on next month's agenda for clarification. VII. ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission adjourned at 10:30 P.M. The agenda for this meeting was posted on March 27, 1990 at 10:00 A.M. outside the City Hall Administration Building. • Item 'No. 5 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department DATE: April 24, 1990 TO: Parks, Beaches and Recreation, Commission FROM: Parks, Beaches and Recreation Director SUBJECT: STREET TREES PLANTED ON LARKSPUR ASSOCI'AZED WITH RESIDENCE AT 3128 OCEAN BLVD. AND SUBSEQUENT PETITION AND LETTERS REQUESTING REMOVAL Recommendation: Recommend to the City Council that the,subject trees be removed, upon proper notification procedures, based on the finding that the general welfare, loss of ocean view, of residents on Larkspur has occurred. This action is based on Ordinance 13.08.030, Removal or Relocation of Plants'by City, and City Council Policy I -12, Obstruction of Views by Trees; or Deny the petition request of Larkspur residents to remove the three (3) park- way trees based.,on Ordinance 13.09.010, Parkway Trees Required. Discussion: The Parks, Beaches and Recreation Commission at their meeting of April'3, 1990 reviewed and discussed a petition received from sixteen (16) residents of the 200 block of.Larkspur that requests removal of three (3) parkway trees recently planted in the side parkway at 3128 Ocean Blvd. In addition, a letter from Keith and Judith Burnett, 215 Larkspur, addressed to A.Z. Taft, Chair of the Parks, Beaches and Recreation Commission, was included for review by the Commission. Following considerable public testimony, the Commission agendized this matter as an action item for the May meeting. City staff 'has met several times to formulate recommendations that would assist the Commission in making a decision on this matter. A dilemma occurs in that a clear recommendation cannot be determined as interpretation of the Ordinances allows removal or retention'of the trees depending on which section of Ordinance is used. It is clear that the City Council has authority on this matter and would expect that the Commission review, receive testimony and transmit a recommendation to assist the City Counci•1 in reaching a prudent decision. The Commission is again encouraged to visit the area to become fami,l:iar with the physical aspects of the issue. Attached to this communication are appropriate Ordinances,and Policies that relate to the subject. In addition, the petition .and correspondence received is included for Commission review. • If there are questions of staff, please feel free to'call. Ronal WW W it ey I -'12 OBSTRUCTION OF VIEWS BY TREES The City Council has expectations that individuals, public agencies and homeowner associations will` comply with procedures to diminish view obstructions caused by trees and vegetation on their property. The purpose of this policy is to identify the importance of views lost due to tree growth by another private or public property owner. The objectives of this policy are to: 1. Preserve and promote the aesthetic benefits provided by trees and the preservation of views of the surrounding locale. 2. Preserve, maintain and enhance property'values within the City. 3. Encourage the proper maintenance of 'trees, shrubs; hedges or other vegetation that unduly diminish desirable views. 4. Encourage homeowner associations and individuals to vigorously enforce their CC &R's as they pertain to trimming shrubbery in order to maintain views and property values. • 5. By example, City will endeavor to maintain all City -owned park property in a manner to maximize public and private view planes. Some exceptions can be trees of special value and beauty that in themselves enhance either the overall beauty of the area or are included in Preservation of Special Trees (I -9). • i Definitions to clarify this policy are: 1. Unreasonable Obstruction of View A tree, shrub, hedge or other vegetation should not be maintained on public or private property in the City in such a manner as to unreasonably obstruct the view from other property. 2. Views "View" means a range of sight including pleasing vistas or prospects or scenes. Views include, but are not limited to, the sight of geologic features, bays, oceans, skylines and bridges. Adopted - September 14, 1987 Amended - November 28, 1988 11 13.08.010 - 13.08.040 STREETS, SIDEWALKS, PUBLIC PROPERTY Sections: 13.08.010 13.08.020 13.08.030 13.08.040 13.08.050 13.08.060 Chapter 13:08 PLANTING2 Jurisdiction and Authority. Official Tree List. Removal or Relocation of Plants by City. Tampering with Planting Prohibited. Prohibited Activities. Owners of Premises Required to Trim Branches. 13.08.010 Jurisdiction and Authority. Subject to the administrative control established by the City Charter, and any applicable City Council 'i. Policy, the provisions of this Chapter, the Parks, Beaches and Recreation Department 'shall exercise jurisdiction and control over the planting, t: maintenance, and removal of trees, shrubs, and plants in all public areas under the control of the City, and shall have the authority and duties prescribed in .this Chapter. (Ord. 1634 § I (part), 1975: Ord. 1015 (part), 1962: 1949 Code § 7300). 13.08.020 Official Tree List. The City Council shall adopt an official tree list which shall set out the names of the streets in the City and the species of tree or trees that may be planted on each such street or portion •thereof. The list shall be adopted by resolution and three copies thereof shall be kept on file in the office of the City Clerk for inspection by the public, and copies shall be available in the Parks, Beaches and Recreation Department for information. (Ord. 1634 § 1 (part), 1975: Ord. 1015 (part), 1962: 1949 Code § 7302). 13.08.030 Removal or Relocation of Plants by City. The City may relocate or remove any tree, shrub, plant, structure or surfacing material in ,;••,, any public street right -of -way as determined by the City Council to be N , =r necessary or convenient for public travel or in the interest of public health, safety or general welfare. (Ord. 1634 § 1 (part), 1975: Ord. 1015 (part), 1,962: 1949 Code § 7303). 13.08.040 Tampering with Planting Prohibited. No person shall trim, cut down, damage, remove, or destroy any tree growing upon any public park, beach or playground, or,the grounds of any public building, or a public street right -of -way, without written permission of the City Manager. No person shall damage, disfigure, or destroy any seat, trellis, or other facility located thereon. No person shall cut, damage, remove or destroy any shrub, plant or flower growing in any public park, beach or playground, or the grounds of 2. Street trees for subdivisions —See Chapter 19.24. (Newport Beach 10- 15 -75) 250 -8 I, � f I D j t�; � < • ;, 'sly , I, � f PARKWAY TREES 13.08.050 - 13.08.060 " "" "' if any public building, or on any street right -of -way except in the parkway adjoining the property of which such person is the occupant or owner. (Ord. 1634 § 1 (part), 197.5: Old. 1015 (part), 1962:, 1949 Code § 7304). 13.08.050 Prohibited Activities. A. PLACING ROPE, WIRE, POSTERS, ETC. No person shall place or affix any rope, wire, sign, poster, or other object on any tree, shrub, or plant, or upon any guard device protecting same, located upon the public street right -of -way or upon other public property. B. DEPOSITING DETRIMENTAL SUBSTANCE. No person shall • •,'' N# „� deposit or throw upon any public street right -of -way or other public property Y growth of any tree, shrub, or an substance detrimental to the �' # {t^ jst', 'j i •;�=:; #is f, f ' plant. ^ " "'• C. REMOVING GUARD OR PROTECTIVE DEVICE. No person shall ''':'ij:;,,;;;t: ;;f 1 :i;;: `:;,l: s, `•f;,. remove or damage any guard or device placed to protect any tree, shrub, or {:.,:;a::::.,. plant growing in any public street right -of -way or upon other public : f property. D. ATTACHING ELECTRICAL APPARATUS. No person shall attach any electric wires or any device for holding electric wires to any tree, plant or shrub growing in any public street right -of -way or other public property under the control of the City without approval of the City Council. No person shall, without written permission from the Director of Parks, Beaches and Recreation, trim, cut or break any part of such tree, shrub, or plant in • order to make passage for electric wires. E. PLACING ,LOOSE ROCK OR GRAVEL. No person shall place or maintain loose rock or gravel in the parkway on any street. {Ord. 1634 § 1 it (part), 1975: Ord. 1015 (part), 1962: 1949 Code § 7305). r 13.08.060 Owners of Premises Required to Trim Branches. The ' occupant in charge or, if there is no such occupant, the owner of every lot or ,•ice n parcel of land shall trim the branches of any tree, shrub, or plant on his property, and shall trim all shrubs and plants in the parkway adjacent to his ; ; UYSHStI• „i; : , ••ar, �.. ;; property, so that same shall not encroach upon the sidewalk or street in such manner as to impede or interfere with traffic thereon or obstruct the passage of light from any streetlight to the street or sidewalk. The City shall trim and prune all trees located in the public street right -of -way. (Ord. 1634 § 1 (part), 1975: Ord. 1015 (part), 1962: 1949 Code § 7306). Chapter 13.09 PARKWAY TREES- Sections: 13.09.010 Parkway Trees Required. 13.09.020 Costs. 13.09.030 Maintenance. '{3•`'r „:'aa;:'•? ;211:::t# 251 (Newport Beach 10- 15 -75) • -. w .. , ... 117—;`Zm _. I I .. ;. S _,• - ,t{ r 13:09.010- 13.09.040 STREETS, SIDEWALKS, PUBLIC PROPERTY 13.09.040 Waiver Procedure. 13.09.010 Parkway Trees Required. Any person who constructs a new building or who causes a building to j e moved onto vacant land or who causes an increase in the original floor area of an existing main building by more than 50% of its original size shall be responsible for planting trees in the parkway abutting the building site in accordance with specifications adopted by the Parks, Beaches and Recreation Commission. The requirements of Title 19 shall govern tree planting in the new subdivisions. (Ord. 1338 § 1 (part), 1970).. ....:•: ,.,. 13.09.020 Costs. The costs of planting the required parkway trees shall } � =:,, be shared by the adjacent property owner and the City in accordance with f' N ;: the policies adopted by the Parks, Beaches and Recreation Commission. 04 ; (Ord. 1338 §'1 (part), 1970). 13.09.030 Maintenance. It shall be the responsibility of the abutting ;r property owner to water and fertilize the parkway trees adjacent to his property. The City shall be responsible for pruning and spraying parkway trees. (Ord. 1338 § 1 (part), 1970). a 13.09.040 Waiver Procedure. Upon written application, the City Manager, or such other City official as he may designate to act for him, may�T Itto grant a waiver from all or part of the requirements set forth in Section 13.09.010, if he determines that because of the location, terrain or condition J of the property or the surrounding properties, the required tree planting is �^* " determined to be unnecessary or impractical. (Ord. 1338 § 1 (part), 1970). . o! 1'1y oo. ,� }y� (Newport Beech 10- IS -75) 252 1•. N'%4�'�ia•�z`f`�`�;'y�1;i��;lil ;iff . -s3 > -• t: e • A.Z. Taft March 17,1990 Parks, Beach, and Recreation Commissioner 3300 Newport Blvd. Newport Beach, CA. 92663 Dear Mr. Taft, For over twenty five years the residents of the 200 block of Larkspur (Old Corona del Mar) have refrained from planting trees in the parkway. This restraint has not been due to lack of sensitivity for neigborhood beautification or to a dislike,of trees. Rather, the parkways are treeless as it has been widely held that the presence of trees,would obstruct the view of the ocean that is accessible to nearly every resident of the street. For decades everyone has appreciated the special and unique vista of the ocean and entrance to'Newport Harbor (the acknowledged symbol of Corona del Mar) and has respected each others right to access this view without needless obstruction. Over the years the ocean view has come to mean more than a simple pleasure for those on the block. Many of the newer residents have paid a significant premium for properties with such a view. However, whether the residents have lived in this neighborhood • for twenty years or twenty days, their property value is inextricably tied to visual access of the ocean and jetty. C Unfortunately, the property owner at the corner of Larkspur and Ocean Boulevard recently planted large Magnolia trees (Grande Flora) in the parkway along the west end of Larkspur, obstructing the view of nearly all the residents on the same side of the street. These are not small trees and will likely grow to a great height resulting in further obstruction. This is an inconsiderate act; perpetrated without the consent of affected neighbors or the written permission of appropriate city authorities. Such action is patently inexcusable as the consequences in terms of loss of property value and quality of life for many in the neighborhood is potentially devastating. It is shameful that one neighbor could infringe so thoughtlessly on everyone else. The City of Newport Beach should not blindly condone policies that encourage tree planting activity by individuals, particularly when it is painfully obvious of the detrimental effect on property value and the psyche of unique neighborhoods. If the City should allow these trees to remain on Larkspur, it will set a precedent that will certainly impact other similar neighborhoods (is Marigold, Orchid etc) and may provoke irreparable hard feelings and/or costly lawsuits. ,>?K I � � r . Therefore, with the strongest and sincerest conviction, we request that the City of Newport Beach immediately remove the recently planted magnolia trees on the city owned parkway or cause them to be removed by the property owner. l� I I Sincerely, 1-11 /1?. � th R. Burnett,�MI.D. th C. Burnett 0 �� f C " 0 • March 26, 1990 TO: Mr. A.Z. Taft Newport Beach Parks, Beaches & Recreation Commission We, the undersigned property owners in the 200 block of Larkspur Ave., in Corona del Mar, kindly request that your Commission review City Ordinance 13.09.010 which concerns the planting of trees in public parkways. Our block has made an effort through the years to plant and maintain greenery in such a manner as to protect the ocean view for each house on the block. We feel that this view adds more to the aesthetic value of the neighborhood and monetary value of our properties than would trees in the parkway. Recently the staff of NBPBR followed' the above mentioned ordi- nance and permitted the planting of three magnolia trees in the parkway alongside 3128 Ocean Blvd while none were planted in front of the residence as is required in the ordinance. These three trees now impact the view of six homes on Larkspur and will no doubt affect more as they continue to grow. We request that NBPBR rescind that permission and abate the trees. We also request that NBPBR adopt a policy of checking the neigh- borhood for obstruction of, views before granting permission for planting in parkways on treeless streets such as the 200 blocks of Larkspur, Marigold and Orchid as well as on Ocean Blvd. 210 LARKSPUR 211 u 212 /7 / 214 G 1�tc, 4e, 215��� 217 2 • 2 2 d- 2 /& DATE 3 -2-2- 90 '4A )C .rb2Z \!) i�*4 id A DATE J- Z.l 5•//- DATE 3,1;Z,1140 DATE )ATE 3 /yy�90 I DATE. ,? -lam DATE 3 _J_2 IFO DATE 3 q1=10 :..(. E r1 LJ • Page 2 ... Petition to Mr. A.Z. Taft 222 LARKS 22 22 22 22 23 23 DATE * Larry & Viivi Romine are on an extended visit to Australia and are mailing their signatures to us. CONTACT: Betty Bottorf 714 - 673 -8701 �4 Copies to: Councilman Sansone City Manager Robert Wynn City Attorney Robert Burnham PBR Director Ron Whitley. " 9 J T I 1 - -- - -- - / i ' I Item No. 6 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department n u DATE: April 24, 1990 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: TREE REMOVAL APPEAL - 1849 SEADRIFT DRIVE The attached letter represents an appeal of a tree removal request denied by the Street Tree Committee. The Lo's of 1849 Seadrift have written a letter that describes their problem and also have questioned the procedure of appeal. For your information, a copy of the communication we use for Street Tree Committee decisions is attached for your review. If there are questions, please feel free to call. :) n U • WILLIAM 184 9 Corona del W. AND JUDY A. Seadrift Drive Mar, California LO 92625 April 13, 1990 Certified Mail Return Receipt Requested City of Newport Beach Parks, Beaches and Recreation Department Post Office Box 1768 Newport Beach, California 92659 -1768 Attention: Mr. Jack Brooks Park and Street Tree Superintendent Re: Appeal of Denial of Street Tree Removal Request, 1849 Seadrift Drive, Corona del Mar Dear Mr. Brooks: We are in receipt of your form letter denial dated December 5, 1989. After reviewing this form letter, we wish to note that we find it more than a bit odd that we should send an appeal to the same individual who originally denied our request. It would seem obvious this is not an adequate appellate procedure. We wish to appeal your decision denying our request to remove the two trees located on our property. We wish to reiterate the extremely dangerous condition presently caused by the ongoing movement of the tree roots under the sidewalk. The subject address is located across the street from the neighborhood park. Aside from the fact that there is more than an adequate number of trees in this area due to the existence of this park, there is increased pedestrian, skating, bicycle and skateboard traffic in this location. The roots push the sidewalk up significantly. The leaves overhead shade the sidewalk, and at night it's almost impossible to see the hazard at all. Although a patch has been applied to the worst area, it still presents a significant hazard which can only get worse. To exacerbate matters, twice a year the trees shed berries which are very slippery. Many children and elderly people walk by this area during the day and at night and minor accidents have already occurred. Fortunately, nothing serious has yet happened. As responsible citizens, we are willing to undertake the removal of these trees and the reparation of the E Mr. Jack Brooks . City of Newport Beach April 13, 1990 Page Two sidewalk, as well as replacing these with two new trees. Frankly, we are shocked that your official position is to value appearances more than the safety and welfare of the residents of the community. To reiterate, we request your approval to remove the trees and repair the sidewalk. In the event 'that you see fit to deny this request a second time, we will require that you provide us with the name and title of your superior. In addition, we require that you provide us with complete information and details regarding how you will adequately mitigate this dangerous situation. If you take no action and in the event of a lawsuit filed as a result of injury or other damage caused as a result of this dangerous condition, please be advised that both you personally, the City Manager, and the City of Newport Beach will be held fully responsible and we will consider your lack of action as a communication that you intend to fully indemnify and hold us harmless. S' cerely William W. Lo and v LV Judy A. Lo cc: City Manager (Certified Mail) James R. Pickett, Esq. • Dl .aluM.1``aM1Vn`.fY•:w.yf _..,u.,µp.�p•,.�. r•FFi• •� f�la •"FN ^•: •1•in• �.�anx'��Y•.1 ." 1Sa lv.v�'ry�1,l�t:�,5Y1��9Pt9'P:3. aYrx(�T-`a?�lt�yM '-?��✓f".�1'A " "1'�h. • CITY -OF NEWPORT BEACH PARKS, BEACHES AND RECREATION DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 _ (714) 644 -:3162 DATE: februayy 12, 1990 TO:., Mr. Haui e 524 Hazel Drive Corona del Mar, Ca., 92625 Your request for tree removal has been reviewed by the Street Tree Committee and has been denied Sincerely, Jack Brooks Park and Street'Tree Superintendent Comments: If you wish to appeal the Street Tree Committee decision "please send a letter-to the Parks, Beaches and Recreation Commission. Attention: Jack Brooks- City Ordinance 13.08.040 - Tampering With Planting Prohibited No person shall trim, cut down, damage, remove or destroy any tree growing upon any public park, beach or•playground, or the grounds of any public building, or a public street right -of -way, without written permission of the City Manager. 3300 Newport Boulevard;'Newport'Beach; Item No. 7 CITY OF NEWPORT BEACH . Parks, Beaches and Recreation Department 7 11 DATE: April 24, 1990 TO: Parks, Beaches and Recreation Commission FROM: Nancy Beard, Recreation Superintendent SUBJECT: MARIAN BERGESON AQUATIC CENTER RULES AND REGULATIONS Attached are the proposed rules, regulations and fees to be applied to the new Marian Bergeson Aquatic Center for Commission approval. 30 USE AND PRIORITIES FOR MARIAN BERGESON AQUATIC CENTER • The Marian Bergeson Aquatic. Center is a 50 meter pool complex located on the Corona del Mar High School campus. The Newport -Mesa Unified School District, as the legal owner of the property, has entered into an agreement with the City of Newport Beach to allow public use of the facility after official school use. This agreement has resulted due to the significant contribution to the pool construction by the City. Purpose of Use: The Marian Bergeson Aquatic. Center shall be-available to all aquatic groups in the community in accordance with priorities established by the Parks, Beaches and Recreation Department and approved by the Parks, Beaches and Recreation Commission. Procedure: Any group desiring to use the Marian Bergeson Aquatics Center shall • make application on forms provided by the Parks, Beaches and Recreation Depart- ment and shall provide such additional information as maybe required by the Department to assure compliance with priorities. Prior to the use of the facility, the application must have been .approved by the Parks, Beaches and Recreation Director or a designated representative. Schedule: The City of Newport Beach and the Newport- Mesa'Unified School District estab- lishes the use of the aquaticceenter as follows: Pool Use Criteria (As Dictated'by School District-City 'Agreement School Year Monday through Friday A. 6:00 A.M. - 3:00 P.M. B. 3:00 P.M. - 6:00 P.M. C. 6:00 P.M..- 9:00 P.M. 31 District use only. Joint Use City /District'w /District as first priority. City exclusive use. • • Holidays, Summer Vacation, Saturdays A. 6:00 A.M. - 9:00 A.M. B. 9a00.,A.iM. - 9:00 P.M. Sundays A. 6:00 A.M. - 9:00 P.M. Joint scheduling w /City priority City exclusive use. Joint City /District (Use includes showers, restrooms and ancillary facilities.) Priority of Use During Designated City's'Exclusive Use Times 1. All official Parks, Beaches and Recreation /City of Newport Beach initiated and /or conducted activities. 2. All official Parks, Beaches and.Recreation co- sponsored groups and /or activities. The aforementioned are community'groups* and activities which are non - profit, self - governing, privately organized and of a recreational nature which may be brought under, the sponsorship of the parks, Beaches and Recreation Department by application. 3. Official School District sponsored programs and activities. 4. Recreational, social, or civic activities and /or groups (resident) promot- ed and sponsored by local non - profit organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents. 5. Recreational, social or civic activities and /or groups (non - resident) promoted and sponsored by non - profit organizations which are open to the public, not qualifying under'Priority #4'. 6. Commerical or profit making groups. Fees: Fees shall be charged for the use of the Marian Bergeson Aquatic Center to assure that the facility is operated on a self supporting basis. These fees shall be established and periodica -lly reviewed by the Parks, Beaches and 3 Recreation Commission. Friends of the Marian Bergeson Aquatic-_ Center • The City Council recognizes the need for equipment and improvements to the • U Center and thus encourages the formation of a non - profit support group to be known as The Friends of the Pool This group shall have 'the goal of enhancing the aquatic center and, although independent, shall provide the City with their perception of the community's needs in the center operation. Adopted - May 1990 33 • CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department P.O. Box 1768, Newport Beach CA 92659 -1768 HOURLY RATES - 2 HOUR MINIMUM FEE SCHEDULE NON- PROFIT GROUP PRIVATE FACILITY RESIDENT.. _ "i NON- RESIDENT- ::... RESIDENT NON- RESIDENT COMMERCIAL Marian Bergeson *$16 $25 plus $9 $70 plus $150 plus $250 plus Aquatic Center per hour per $100 deposit $100 deposit $100 deposit lifeguard ** (refundable) (refundable) (refundable) * Fee may be pro -rated based on shared use of the pool and existing City run programs. ** Number of lifeguards based on anticipated pool attendance. L • 34 CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION DEPARTMENT 3300 NEWPORT BLVD. CONTRACT •(714) 644.3151 NEWPORT BEACH, CALIFORNIA 92659.1768 This reservation contract is Issued in accordance with the policies outlined cm the reverse side as established by the City Council, Parks, Beaches & Recreation Commission, and Parks, Beaches & Recreation Department. Please add any necessary additional Infofmation.ALL reservation forms must be signed and returned along with fees and deposits before consideration of use approval. SUBMISSION OF RESERVATION REQUEST DOES NOT CONS77- TUTE APPROVAL. Your copy will be returned to you after approval or denial. Reservations require a minimum of five working days to process. Processed by Date Time Organization President /Chairman Phone Address Reservation Issued To: Address Phone Number: Residence Title Business Driver's Lic. No Reservatlon Date(s) Time(s) am /pm to amlpm Percent Organization Members Live In City Open to Public ?Yes No If Yes, what will the net proceeds be used for? Check If a catering service will be used % Estimated Attendance Is Facility to be used for money raising? Yes No Will food be served? Yes No. .. Organization responsible for food sales Insured by: Insurance certificate required with application • NOTE: Please explain In detail below any pertinent Information. (Special arrangements and/or multiple dates required, etc.) tlon Department, Its personnel, the City of Newport Beach, the do Newport MesaaUnified School District and lany of theirofficero agents, or employees from any liability or claim or action for damages resulting from or In anyway arising out of the use of the facility orequlpment and will agree to abide and enforce the Rules, Regulations and Policies governing the facility as set forth by the City Council, Parks, Beaches & Recreation Commission and Parks, Beaches & Recreation Department. Said organization will accept all responsibility for any damage to premises, furniture, equipment, or grounds resulting from use of facility. IN THE EVENT OF A FACILITY CANCELLATION BY THE GROUPIPERSON, A {25.00 CHARGE WILL BE DEDUCTED FROM DEPOSIT MONIES COLLECTED, IF NOT REQUESTED IN WRITING A MINIMUM OF 72 HOURS BEFORE THE RENTAL DATE. 1, the undersigned, have read the above statements and the general regulations on the reverse side of this contract, and understand them fully. Signed: (Person Making Reservation) Approved: Date: Comments: *** * * * * *r * * * * * *x * * * * *r * * * * * * * * * * ** FOR DEPARTMENT USE ONLY * * * * * * * * * * * * * * * * * * * * * * * * * ** Deposit Paid $ Paid By Date" .. ...... eental Fee Total Fees Due Insurance Certificate CITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION DEPARTMENT FACILITY -USE REGULATIONS 0ERAL REGULATIONS: 1. Reservations of facilities and payment of fees, when applicable, must be made at least 90 days in advance and not more than 6 months in advance of the desired .date. All applications for reservations of facilities shall be made on official forms provided by the Parks, Beaches & Recreation Department. 2. Cancellation of meetings and activities by users may occur seventy -two (72') hours prior to the scheduled use of facilities or equipment without forfeiting any fees collected by the City. Cancellations with less than 72 hours notice will be .charged a $25 cancellation fee. In the event of cancellation by the'City, notice will be given as far in-advance of the scheduled use as is possible under the circumstances. 3. Groups or persons using a facility are responsible to pay for any damage to property or loss of property. A fee equal to total replacement cost will be charged. 4. The City of Newport Beach is not liable for accidental injury to persons or loss or damage of group or individual property. When it is deemed to be in the best interest of the general public, the City of Newport Beach will require the group to furnish a Cerfiticate of Insurance naming the City of Newport Beach as additionally insured. The amount of the insurance shall not be less than: Bodily Injury Liability: $100,000 each person; $300,000 each accident. 5. Groups composed of minors must be supervised by approved adults for minors at all times while they are using the facilities. The use permit must be taken out by one • of the adults who will be supervising the function. 6. When, in the opinion of the PB & R Director, activity conditions warrant the presence of one or more aquatic personnel, the cost of such service shall be borne by the group or organization sponsoring the activity. 7. Any decorating or other alterations to the existing facilities will be subject to the approval and conditions of the Director. a. No structure may be erected or assembled on premises, nor may any extraordinary electrical, mechanical, or other equipment be brought thereon unless special written approval has been obtained from the PB & R Department." Any'use'of facilities 8. Facilties shall not be used for purposes of advancing any doctrine or theory subversive under the Constitution of the United States. 9. No advertising shall be exhibited, no petitions circulated and no solicitation or sales made in public facilities or on ,public grounds without written permission from the PB & R Department. 10. All vehicles must obey parking regulations. 11. No gambling of any kind shall be conducted on or in the municipal facilities, and permittee shall insure that no profane language or other disorderly or unseemly conduct shall be allowed in any facility. 12. Permission to use City facilities is granted subject to observance of regulations, and permits may be revoked for violation of regulations. 3� 13. A City employee or employees may be assigned to be present at programs and /or activities. The City employee(s) shal,l be responsible for, and have complete authority over the facility being used, all equipment, participants and activities. i The City employee(s) shall have the authority to request changes in activities or cessation of activities, and the group(s) using the facility must comply with these requests or instructions. 14. Facilities and equipment are to be left in the same condition as they were prior to the activity. 15. Permits may not be transferred, assigned or sublet. 16. Users of the facilities shall observe, obey and comply with all applicable City, County, State and Federal laws, 'rules and 'regulations. 17. All permits will be issued for specific rooms and /or specfic hours. It shall be the responsibility of the organization to see that unauthorized portions of the facility being used are not molested and that the premises are vacated as scheduled. 18. Usage must be within the allotted permit time. 19. A responsible representative of the group must be present during the opening and closing of the facility. 20. Groups desiring to use facility other than designated hours, on legal holidays and Sundays, will be charged for necessary supervision according to department policy. 21. Repeat reservations of any given group will be contingent upon care of property and equipment and observance of approved rules and regulations. �. Fees and charges are to be paid at the time of reservations. On -going rentals will be paid on a monthly schedule. 23. Under no circumstances will Department equipment be removed from the facility. 24. The use of public address sound equipment will be limited to that provided by the Department or that approved by the Director. 25. The PB & R Director shall have the authority to determine-the-charges to participants for special programs. FOOD REGULATIONS: 1. Food and refreshments will be permitted only in.certain designated areas -as determined by_the Director, or his designated representatives. Food concessions must "have prior written approval from the PB & R Department. ANY EXCEPTIONS TO THE ABOVE POLICIES WILL BE REFERRED TO THE DIRECTOR OF PARKS, BEACHES & RECREATION SECURITY PERSONNEL: If, in the opinion of the Director, an activity condition warrants the presence of one or more security personnel, the cost of such service shall be borne by the group or person sponsoring the activity. Proof of obtaining the required security personnel must be in the & R office not later than ten (10) working days prior to the activity. Proof should be the form of a receipt and /or contract from a bonded security agency. If proof is not in the PB & R office by the required date, the Department will arrange for security, with all fees for said security including administrative cost being deducted from deposit monies collected from applicant. IF, AFTER PROOF OF SECURITY HAS BEEN SUBMITTED TO PB & R, SAID SECURITY IS NOT PRESENT ON DATE OF ACTIVITY, THE CITY EMPLOYEE IN CHARGE MAY REQUEST THE GROUP TO DISCONTINUE ACTIVITY AND ASK THE GROUP TO LEAVE THE AREA. *AN -UP RESPONSIBILITIES: 1. All chairs, tables and pool equipment are to-be returned to their proper'storage areas. 2. Pool deck must be kept cleaned at all times. Put all trash in containers. 0 • 3� CITY OF NEWPORT BEACH Item No. 8 Parks, Beaches and Recreation Commission • DATE: April 20, 1990 TO: Parks, Beaches and Recreation Commission FROM: Beach and Oceanfront Committee Parks, Beaches and Recreation Commission SUBJECT: Beach Volleyball Recommendation: Authorize the removal of the existing volleyball court located approximately 100' east of 43rd Street. Background: This court was on the agenda at the July, 1988 meeting. At that time it was a staff recommendation that it be removed; however, Commission action was that it be retained. The attached letters and petitions are again asking that the court be removed. As required by Resolution 88 -14, the Department has posted the location and letters have been mailed to nearby residents stating that removal' of the court • will be an action item at our May 1, 1990 Commission meeting. The committee recommends its-removal because: (1) It_is located in the middle of the block and (2),There are several other courts in the vicinity. F q0 o Vandervort • —I CITY OF NEWPORT BEACH PARKS. BEACHES AND RECREATION DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714)644 -3151 Dear Resident: The - Parks, Beaches and Recreation Department has received applications for removal of the volleyball court playing areas at the following location: 4207/4205 West Oceanfront This matter will be discussed at the P rki BOeaches and Recreation Commission meeting of May , All Commission meetings are conducted in the City Council Chambers, 3300 Newport Boulevard, beginning at 7: -00 P.M. If you wish to make a statement concerning this matter, please attend the meeting. If you have any questions, please contact the undersigned at 644 -3151. Sincerely, Robert "Bob" Granger Recreation Supervisor 3300 Newport Boulev't�rd, Newport Beach S Cy • Phone Number: Wk,- .Name: �I �c�iz �i11 a e..(�F451 Address: L /.`ZOJ Sfi�6S#02raz 2!? Proposed Location: y2dJ ,SFAsHa2r Dn V _ . CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department APPLICATION FOR VOLLEYBALL COURT REMOVAL 1, ril., n.r Z-/ ?J We, the undersigned residents, live within 200' line of sight of the existing volleyball, court location and have been notified of the proposed removal as described by the attached diagram. Phone Number: 2 Printed Name: lbb _.,e- Signature: Address: Is Printed Name: J �� N�Sy�a� Phone Number: 4 -5 o Signature: Address: '/2,o-s' , Tz A -/Dn Printed Signature: ST r A7/ :4c H2O Address: `/2 09 S- 5176OW f-1- Dr Phone Number: el.S -O Printed Name: -7Dn ��YLSO�( Phone Number: Signature: 2 i 0z 1ZdC-b4r?-Q Address: 41,20-3 Z/ Printed Name: Signature: Phone Number: � a -7042.3 Address: " �4 FOR CITY USE ONLY APPROVED: APPROVED: Marine Department General Services Department F Name: CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department APPLICATION FOR VOLLEYBALL COURT REMOVAL ri Phone Number:�iy- �sY -Gyy� Address: L /SOS SFff C L/��OZ^C r7/1 Proposed Location: Do,< 0/-Z -, ya.rT 11/: L/ ?l?D We, the undersigned residents, live within 200' line of sight of the existing volleyball court location and have been notified of the proposed removal as described by the attached diagram. ' X Printed Name: Signature: Address: •Printed Name: Signature:_ Address: Printed Name: Phone Number: 7/y6'37 -7o0v Phone Number: Phone Number: Signature: Address: Printed Name: Phone Number: Signature: Address: Printed Name: Phone Number: Signature: Address: FOR CITY USE ONLY APPROVED: APPROVED: Marine Department General Services Department 0 M R OY � ; � A ' COaAe p6pw Q P.O. BOX 906, MONTEBELLO, CALIFORNIA 90640 • PHONE (213) 721.8120 (213) 723.1175 (714) 754.6441 January 22, 1990 City of Newport Beach Parks, Beaches and Recreation Commission P.O. Box 1768 Newport Beach, Ca. 92658 -8915 Dear Commissioners, I am the owner of the beach front home at 4209 Seashore Drive, Newport Beach. Myself along with my neighbors would like you to approve the removal of the volleyball court in front of 4205 Seashore Drive. Sincerely, Dorothy Demond Owner i qy l n d u s t r l e l R e f u s e R e m o v e I e n d D i s p o s a/ C o n t r e e t o r s S e r v i n g T h e L o s A n g e I e s & O r a n g e C o u n t y A r e a s WER' (Oake p*wal P.O. BOX 906, MONTEBELLO, CALIFORNIA 90640 • PHONE (213) 721 -8120 (213) 723 -1178 (714) 754.6441 January 22, 1990 City of Newport Beach Parks, Beaches and Recreation Commission P.O. Box 1768 Newport Beach, Ca. 92658 -8915 Dear Commissioners, 2 am the owner of the beach front home at 4203 Seashore Drive, • Newport Beach. Myself along with my neighbors would like you to approve the removal of the volleyball court in front of 4205 Seashore•Drive. Sincerely, p Dr'-�-'Larson Owner I n d u s t r l a l R a/ g S a R e m o v a l S e r v i n g T h e L o s A n g e I e s a n d O l s p o s a l C o n t r a c t o r s 9 O r a n g e C o u n t y A r e a s • June 27, 1989 City of Newport Beach Parks, Beaches and Recreation Commission P.O. Box 1768 Newport Beach, California 92658 -8915 Attn: Mr. Jack Brooks Dear Mr. Brooks: I am the owner of the beach front home at 4205 Seashore Drive, Newport Beach. I have lived here for seventeen years and have enjoyed raising my four children here. Last year, contrary to the advi.se and recommendations of the Recreation Superintendent, you have allowed another Volley -Ball Court to be installed between 42nd. and 43rd. Street. There are now three Volley -Ball Courts next to each other. One at the corner of 43rd. Street, one in the center of 43rd. and 42nd. Street and one at the corner of 42nd. Street. The • Volley -Ball Court in front of our home has become the private court for up to ten and fifteen people who control the usage the entire day, particularly on Saturdays and Sundays. The courts at the corners of 43rd. and 42nd. are rarely used. These people using the court in front of my home, prevent us from enjoying the beach. They practice right in front of our patio wall and our grandchildren cannot even play in the sand because of being struck by Volley - Balls, Bad Language, Beer Drinking, Litter and Noise. The balls are even hit onto our patio creating a nuisance. This area of beach between 42nd. and 43rd. Street was established as an area for children to use without the danger of Surfers and being struck by Volley Balls. I don't understand the logic of putting three Volley -Ball Courts in approximately • a one block area when there is only a total of twelve courts between Newport Pier and Orange Street. • Page -2- I implore you to approve the removal of the court in front of my home as soon as possible as summer time nears. My neighbors along Seashore Drive would also request that you remove the court in the center of 42nd. and 43rd. Street, these names and addresses are available if further action is needed. Attached is a copy of the recommendations of the Recreation Superintendent dated June 28, 1988. Sincerely, Ja k Minasian . 4205 Seashore Drive Newport Beach, Ca. 92658 -8915 (714) 637 -1977 (714) 650 -1189 (213) 723 -1175 CC: encl. JM:st cc John Komwiser, Chair Person cc Diana Springer, Vice Chair Person cc Tayler Grant cc Virginia Herberts cc Clyde Brenne cc A Z Taft cc Jo Vandervort H-1 Item No. 9 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department • 0 DATE: April 24, 1990 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: CONCEPTUAL PLAN - OASIS EXPANSION This Department, in cooperation with the Public Works Department, has been working with the Friends of Oasis to develop a conceptual plan for the funded capital improvement project to provide expansion to the Oasis facility. The firm of The Blurock Partnership has had a number of meetings to reach consensus with staff and the Friends of Oasis on this conceptual plan. With the Parks, Beaches and R'elcreation'Commission,'s approval, the con- sultant can begin specific plans for project implementation. q� Item No. 10 CITY OF NEWPORT BEACH is Parks, Beaches and Recreation Department DATE: April 23, 1990 TO: Parks, Beaches and Recreation Commission FROM: Nancy Beard, Recreation Superintendent SUBJECT: Lincoln Lighting Update As of Thursday, April 19', the field lights at the Lincoln Athletic Center are all 100% shielded. Each individual light has been checked and,:if necessary, re- aimed. It was discovered by the contractor that the lights needed very little adjust- ment. He also sited no major over spillage of light in the surrounding neighborhood. The "glow" of a lit ballfield'is all the community will see. As a review, the lights are activated by a switch on the outside of the electrical box. Each of the two ballfields are independently operated. The lights will not go on unless activated manually. They will be automatically shut down Monday - Friday by 9:15 P.M. They will not be activated on Saturday or Sunday at this • time. They may also be manually turndd off. The current user of the field, Little League, has been educated on how to use the manual system. Future users will also be educated. r Nanc Bear 0 4% Item No. 11 CITY OF NEWPORT BEACH . Parks, Beaches and Recreation Department DATE: April 24, 1990 TO: Parks, Beaches and.'Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: STATUS OF CAPITAL PROJECTS Inspiration Point Project completed. Lincoln Athletic Eacility Project completed. Newport Blvd. Landscaping 1,000 1 gal. plants which are to be planted are 2/3's complete. Drip irrigation to be installed is 2/3's complete. Ice Plant will be planted next year. Weed control is an on -going project. Grant Howal'd Park Restroom • Plans and specs being prepared. West Newport Basketball Court Project completed. Jamboree Road Median This year's phase completed. Newport Harbor High Aquatic Refurbishment School District project Corona del Mar Olympic Pool Project completed. West Newport Community Center Project completed. Eastbluff Park Restroom 0 Plans and specs being prepared. 0 -2- Little Corona View Park Ken Wood, landscape architect, is preparing plans and specifications. Oasis Expansion Project to be reviewed by Commission. Upper Bay Regional Park When available, County of Orange will provide preliminary plans for Commission review. 51 Mw ., P, V PARK AND TREE DIVISION Item No. 12 APRIL, 1990 PROGRESS REPORT . Our park crews performed the following,tas'ks in addition to normal maintenance during the month of April. Lincoln Athletic Center 1. Installed 2 drinking fountains, one near each baseball field. Located so as to be convenient for the soccer.players as well. Required the installation of 1000 feet of potable water mainline. 2. Installed as needed 12 yards of top soil to damaged areas (potholes and ruts) in preparation for hydroseeding which was done by contract. (36,000 square feet of area, common Bermuda. Cannery Village Parking Lot Removed 2 palms to accommodate the installation of 2 new parking lot lights. aside Drive Slope Opposite Begonia Park 1. Installed irrigation for the City owned portions of the slope. 2. Sprayed existing vegetation so we can strip the banks clean in preparation for hydroseeding. Channel Park • Planted 4 (36" box) Fi,cus rubiginosa trees and the 2 palms which were ,removed from Cannery Village parking lot. Jamboree Traffic Island Under Redevelopment between Ford Road and Bison Avenue Hydroseeded by contract. We did all traffic control for this work. Jamboree Traffic Island Between San Joaquin and Santa Barbara Drive 1. Killed out and removed existing lawn. 2. Tilled and graded. 3. Renovated the existing irrigation. 4. Hydroseeded by contract. Jamboree Road at Pacific Coast Highway Traffic Medians Planted 100 (1,gallon) Star Jasmine shrubs. Jamboree Arterial at Eastbluff Drive Planted 25 (1 gallon) Ficus Repens (creeping fig) along brick wall. . Westcliff Park Designed irrigation systems and ordered needed materials for the installation of all new irrigation on the lower slope areas that run along Polaris Drive. �v West Newport Park - Old Section - 2 - 1. Removed all plant material from the parking lot planters. • ' 2. Installed a railroad tie retaining wall along Seashore Drive with chain to retain dirt from the sidewalk and to control pedestrian traffic through our landscape. 3. Poured 4 1/2 yards of additional concrete sidewalks around the new restrooms to improve pedestrian flow. 4. Added 12 yards of top soil to raise the grade in the new planters as needed. 5. Planted 2 very large multiple trunked palms next to the new restrooms with a crane. 6. Repaired or replaced the irrigation, as needed, for the parking lot planter areas. 7. Installed a water mainline for future showers. 8. Planted 100 (5 gallon) Pittosporum "Wheelers Dwarf ", 150 (5 gallon) Rhaphio- lepis "Pink Lady ", and 70 flats of Gazanias in parking lot planters. Newport Nautical Museum (Las Arenas Park) 1. Removed 25 (3 foot) deteriorated wood posts and replaced them with 3 foot railroad tie posts with chain strung between them to keep pedestrians out�,of • the landscape. 2. Performed needed repairs on irrigation, amended soil and graded planter areas for new planting. 3. Planted 36 (5 gallon) Rhaphiolepis "Ballerina ", 45 (1•gallon) Agapanthus and 8 flats of groundcover ( Gazanias). Bonita Creek Park - Soccer Field 1. Renovated 72,000 square feet of turf area in preparation for Hybrid Bermuda grass stolons which were installed by contractor (Flannigan Stolon Planting Service). 2. City park crew participated im the installation of the stolons. (4 men). For the Recreation Department Park Crews Performed the Followinc: 1. At Mariners Park, relocated soccer goals. 2. Lincoln Athletic fields, relocated soccer goals onto parking lot, next to building. 3. Delivered needed equipment to the Parks, Beaches and Recreation garage for Eastbluff Park easter egg hunt. • 4. As requested by the Recreation Department all needed tennis courts were washed and cleaned for the Cup Tennis Tournament. S� _ 3 - Our Street Tree Division performed the following: Trimmed 1018 trees. • Planted 13 trees. Removed 14 trees. Root Pruned 41 trees. Completed 9 work requests. • d Areas being trimmed this month: Fashion Island palms,. Spyglass Hills completed, Harbor View Hills Trees were removed at the following locations: 715 Narcissus Committee 1 -Ficus nitida 4615 Surrey Owner 1- Pepper 4224 Dorchester Owner 1- Pepper 4833 Dorchester Owner 2- Peppers 506 Begonia Committee 1 -Ficus 1931 Port Ramsgate Owner 1 -Pear 2015 Port Ramsgate Owner 1 -Pear 801 Ceiba Committee 1 -Coral 2339 Port Carlisle Committee 1 -Pear #4 Morro Bay Dead 1 -Pear 1100 Pembroke Committee 2 -Ficus nitida #12 Mission Bay Dead 1- Tristania Trees were planted at the following locations: 715 Narcissus 2401 Francisco 58th Street 705 -707- 717 - 720 -700 Narcissus .110 East Bay M � 3 lI 1- Eucalyptus ficifolia 3- Magnolia 2 -Palms 5- Eucalyptus ficifolia 14ottlebrush 1- Cupania 40 • RECREATION DIVISION APRIL, 1990 PROGRESS REPORT Youth Item No.13 Eight hundred children and parents participated in the Annual Easter Egg Hunt at Eastbluff Park. The morning's entertainment included Kelly the Clown and his magic act, Pom P.om the Clown arid, of course, a visit from the Easter Bunny. This successful event is co- sponsored by the Eastbluff Village Merchants Association. Each year 7;000 chocolate eggs are donated by the Association. Staff provides the morning's activities, the recreation leaders who run the event, and the entertainment. The playground programs are going well. has initiated a very successful homework volunteers from UCI assist approximately homework assignments. The Booster Club work helpers and staff. Contract Classes The Community Youth Center Booster Club helper program. Two-days a week 20 children with completion of their also lends assistance both to the home- Spring session is midway through, but staff is already prepared for summer. One hundred children are participating in dance classes this quarter. We also reg- istered 50 people for golf lessons. Twenty one people signed up for the Bay Waters class held in cooperation with the Marine Department. This unique 5 week class deals with the concerns related to the multiple threats faced by the Bay Waters, how toxic wash enters into the water sewage system and what the public role is in-this on -going concern. The ETC program is completed for another. year. We were approached by Corona del Mar High School to offer a similar program for their 7th and 8th grades. Staff will be developing this new program over the summer. Aquatics The summer brochure will contain the new aquatics programs for the summer season. Staff is-"till accepting applications for lifeguards and swim instructors for the next couple of weeks. The new Aquatic Center at Corona del Mar is looking great. We cannot wait to begin our programs there. Staff is working closely with all the swim groups in scheduling the pool time. Spring Break Camps Mr. Pee Wee Tennis Camp held over the spring break registered 36 children at Mariners Park and the Community Youth Center. The kids had a great time and received quality instruction. Thirty five children also participated in our gymnastics camp held over the spring break. Corona'.del Mar 5K Race Flyers are out and attached to this report. 0 • -2- Sports The summer'1990 slow pitch season is scheduled to start May 21. With the deadline for registration just completed, the City will field 230 men's, women's and coed teams this season. The Annual Youth Track and Field Meet was held April 6 at Newport Harbor High School. This event-.is co- sponsored by the Newport - Balboa Rotary Club. The Meet attracted 160 children ages 7 through 15. One hundred four children have qualified to represent Newport Beach in the upcoming Orange County Championships. Oasis Oasis celebrated the volunteers' contributions to Oasis. Approximately 200 volunteers provide assistance throughout the year.and they are honored at a tea annually. One hundred twenty five people attended this year's tea on April 11. Oasis was also fortunate to have Opera Pacific perform which was thoroughly enjoyed by all. Walk America was on April 28. Twelve senior walkers participated. It was a very successful day with lots of team spirit. The Human Services Committee met this month and discussed the logistics of offering Elder Care services at Oasis once a month. •Elder Care is a non - profit organization which is grant funded. They provide health screenings at senior centers by utilizing nurse practitioners.at no charge. The purpose is to enable seniors to obtain preventative health care in an environment that is familiar to them. Hopefully, this program will begin in September. The'Health Fair is on Saturday, May 5, from 8:00 A.M. to 2:00 P.M. Please join us.