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HomeMy WebLinkAbout05 - 38th Street Park Landscape Modificationsh 0 Ej CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 7 Agenda Item No. 31 January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation & Senior Services Department Laura Detweiler, Director 949- 644 -3157 - Idetweilerna citv.newport- beach.ca.us General Services Department Mark Harmon, Director 949 -644 -3055 - mharmon(a)citv.newport- beach.ca.us SUBJECT: AMENDMENT TO NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO DOGS AT 38"' STREET PARK & BUDGET AMENDMENT FOR LANDSCAPING MODIFICATIONS ISSUE: Should the City Council adopt an ordinance amending Section 7.04.050, of Title 7 of the Newport Beach Municipal Code which would prohibit dogs specifically from the playground area and basketball courts at 38th Street Park and appropriate funds to make minor modifications to a planter area located within the park? RECOMMENDATION: On behalf of the Parks, Beaches & Recreation Commission, the following has been considered and recommended to the City Council: Introduce Ordinance No. 2009 -_ (see Attachment B) and pass to second reading on January 27, 2009 that will add the following section: C. No person shall permit or allow any dog to enter or remain on the Park located at Balboa Blvd. at 38th Street, Newport Beach. 2. Approve a budget amendment appropriating $1,300 from the unappropriated General Fund balance to Account No.3170 -8080 for landscape modifications at 38th Street Park in the planter area located at the northwest entrance of the park along Balboa Boulevard by removing the rose bushes and replacing with turf. n AMENDMENT TO NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO DOGS AT Se STREET PARK & BUDGET AMENDMENT FOR LANDSCAPING MODIFICATIONS January 13. 2009 Page 2 BACKGROUND: • The 38th Street Park, located on Balboa Boulevard at 38th Street, is one acre and contains basketball courts, playground equipment, restrooms and a small open lawn area. There have been ongoing concerns from residents and staff regarding dogs at this park. Some patrons of the park regularly allow their dogs to run loose throughout the entire park and neglect to pick up after their pets. Given the densely populated area consisting of homes with little or no yards, residents use this park to walk their dogs. Additionally, the park is heavily used by basketball players and playground participants, which is cause for concern with dogs running loose in these active play areas. Park patrons are concerned both about the safety of their children and the unsanitary conditions related to defecation and urination in the play areas. During the Iasi year, 45 verbal /written warnings and two administrative citations have been issued by Park Patrol for dogs off leash. Park Patrol will first issue a warning for violations followed by a citation. In most cases, a citation would only be issued after a verbal or written warning has been issued as the goal of the Park Patrol program is to educate and gain compliance with park rules and regulations. DISCUSSION: This item was reviewed by the Parks, Beaches & Recreation Commission at their regular meeting of December 2, 2008. Staff recommended an ordinance change and provided two options for modification to the park for some remedy to the situation. The proposed Ordinance change would prohibit dogs from the active play spaces within the park which are currently fenced in. Additionally, the proposed options for modifications to the planter area located at the northwest planter area (Option 1) or the open grass area (Option 2) would provide space for dogs on leash. Given the intense use of the park for active play and dog walking, staff considered the following modification options to accommodate as best possible the demand from the surrounding community (Attachment A): wpuun i - necommenaea ov rom L ommisslon ano owrr Make minor modifications to -the planter area located at the northwest entrance of the park along Balboa Boulevard by removing the rose bushes (existing trees would remain) and replacing with turf to allow for dogs on leash. This area falls outside of the active play spaces and the fenced area of the park. Costs associated with Option 1 would include irrigation, sod and concrete work for approximately $1,300. This allows for the active play spaces to remain as is and provides a small space for dogs on leash. This is a small area covering approximately 600 square feet. A second planter similar in size is located along Balboa Boulevard, and could be modified as well, for an additional cost of $1,300 to expand the turf area permissible for dogs, if so desired. Option 2 Subdivide the open grass area and the playground area at the southeast end of the park. Fencing would be installed to clearly delineate the areas to avoid. any uncertainty of where dogs are permitted in the park. These improvements would include a separate entrance for each area. This will allow park patrons with dogs who follow the park rules AMENDMENT TO NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO DOGS AT 3e STREET PARK & BUDGET AMENDMENT FOR LANDSCAPING MODIFICATIONS January 13, 2009 Page 3 by keeping their dogs on leash and picking up after them, and to continue to use the open grass area at 38th Street Park for their recreational use. Costs associated with Option 2 would include fencing, irrigation and concrete work for approximately $5,660. This option would provide a larger space for dogs on leash; however it would decrease the use of the open grass area adjacent to the playground for children to play as a result of heavy use from dogs. It should be noted that neither of these options is intended to provide exercise. space for dogs as they are limited in size. Additionally, dogs are not permitted by law to be off leash and run in public parks. These spaces are merely made available for dogs needing an area to relieve themselves. The Newport Beach Municipal Code (Attachment B) currently prohibits dogs on piers, Balboa Island Park and on school property. It is recommended to add the playground and basketball courts areas at 38th Street Park to this list to protect park patrons from the nuisances they have been experiencing. Several additional open space locations where dogs are permitted on leash are located within several blocks at the beach (except between the hours of 9am to 5pm), along the channel, Newport Island and Channel Place Park (illustrated on Attachment C). ENVIRONMENTAL REVIEW: The proposed ordinance is not a project under the California. Environmental Quality Act because the ordinance does not have the potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. FUNDING AVAILABILITY: Upon approval of the budget amendment, sufficient funds will be available in the following account for landscape modifications: Account Description Professional & Technical Services PUBLIC NOTICE: .Account Number Amount 3170 -8080 $1,300 Notice of this issue was mailed to residents/property owners within 500 feet of the property. Additionally, the item appeared upon the agenda for this meeting which was posted at City Hall and on the City website. 5;d&,Submitted by: Laura Detweiler, Director Recreation & Senior Services Department Attachments: A. Aerial Photo of 3e Street Park B. Ordinance 2009 - C. Adjacent Open Space Submitted b M rk Harmon, Director General Services Department •. ATTACHMENT B ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.04.050, OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO DOGS The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is amended to read, in full, as follows: SECTION 1: Section 7.04.050 of Chapter 7.04 is amended to read as follows: 7.04.050 Dogs Prohibited. A. No person shall permit or allow any dog on any public pier or dock. B. No person shall permit or allow any dog in the Balboa Island Park, which is a public park located on the west side of Agate Avenue between Park and the alley north of South Bayfront on Balboa Island. C. No person shall permit or allow any doq to enter or remain on the playground basketball courts or fenced in grass areas immediately surrounding the basketball courts and playground at the 38th Street Park which is a public park located at Balboa Blvd. at 38th Street, Newport Beach GD. The provisions of this section shall not apply to any blind person using a guide dog provided the dog is on a leash. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, 0 clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4 : This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2009, and adopted on the­ day of 2009, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS ATTEST: CITY CLERK F: \cat\ordinan\amend\7.04.050.doc 0 �Ij ITS Pi City of Newport Beach NO. BA- 09BA -032 BUDGET AMENDMENT 2008 -09 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates �X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE:. from existing budget appropriations from additional estimated revenues HX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT:1 $1,300.00 AIncrease in Budgetary Fund Balance X Decrease in Budgetary Fund. Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from General Fund unappropriated fund balance for landscape modifications at 38th Street Park in the planter area located at the northwest entrance of the park along Balboa Boulevard. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (360 1) Fund/Division Account EXPENDITURE APPPOPRIATIONS (3603) Amount Description Debit General Fund - Fund Balance $1,300:00 Description Description Division Number 3170 General Services - Parks Account Number 8080 Services Prof & Tech NOC Credit $1,300.00 -- ' Automatic System Entry. t Signed:. Financial Approval: Admini rative Services Director Date Signed: d Administrative ' proval: City Manager. e Signed: City Council Approval: City Clerk Date