HomeMy WebLinkAbout17 - Recommendation of the Parks, Beaches and Recreation Commission Related to IMUA Outrigger ClubCURRENT BUSINESS
Newport Beach City Council
AGENDA ITEM 17
August 10, 1998 Council Meeting
TO: MAYOR AND CITY COUNCIL
FROM: DAVE KIFF, ASSISTANT TO THE CITY MANAGER
SUBJECT: RECOMMENDATION OF THE PARKS, BEACHES, AND RECREATION
COMMISSION RELATING TO IMUA OUTRIGGER CLUB
ISSUE:
Should the City Council accept the Parks, Beaches, and Recreation
Commission's August 4, 9998 recommendation that the lmua Outrigger Club be
allowed to store its outriggers overnight on City beaches and be allowed to stay
at North Star Beach under a proposed use permit?
BACKGROUND AND DISCUSSION:
To understand the issues raised by this Agenda Item, readers must understand
the somewhat complex relationship between the City, the Newport Aquatic Center
( "NAC "), and the Imua Outrigger Canoe Club ( "Imua ").
The Newport Aquatic Center (NAC)
At least three documents guide the City in its relationship with the Newport
Aquatic Center (NAC) at North Star Beach along the Upper Newport Bay. These
include:
• the NAC's 25 -year Ground Lease (the "Lease ") with the City (authorized by the voters
in November 1982, executed in 1987 and amended in 1997), set to expire in 2022;
• the Conditional Use Permit (the "CUP ") granted to NAC by the City in 1984 (outlining
63 conditions that the NAC must comply with in order to continue in operations); and
• the NAC's 1988 Facilities Management Plan (the "Plan ") that outlines the NAC's
administration and plan of operations.
The Lease gives the NAC the ability to construct and maintain an 18,228 square
foot facility at North Star Beach. It also directs the NAC to:
• Construct a parking lot with B3 spaces (with 64 in "phase 1" of the construction);
• Seek and obtain the appropriate permits for construction;
• Turn all NAC facilities over to the City and County after the lease expires;
• Hold $1 million worth of liability insurance for bodily injurylproperty damage;
• Submit a Facilities Management Plan to the City for review and approval; and
• Comply with 63 conditions of the CUP;
Newport Beach City Council
Agenda Item _
Paae 2
Among the 63 conditions in the CUP are requirements that the NAC provide the
following when operating the Center:
• Not less than 63 parking spaces secured by a chain or gate at the entrances to the
NAC plus spaces for the disabled;
• Limited hours of operations — 6:00 a.m. to 10:00 p.m. with no outdoor classes offered
after 7:00 p.m. and only advanced in -water training between 6:00 a.m, and 7:00 a.m.;
• "seasonal" outdoor outrigger boat storage; and
• a cap of 250 users of "the site" per day;
The Plan directs the NAC to develop instructional programs in cooperation with
the City's Community Services Department. It also:
• Reserves 20% of the 250 daily use limit for "general public walk -in use" of boat
launching facilities, public restrooms, and outdoor showers;
• Re- states the CUP's restrictions on hours of operations;
• Prohibits overnight accommodations at the NAC;
• Requires the NAC to maintain at least 83 parking spaces; and
• Prohibits the outdoor storage of boats, except for outrigger canoes (which may be
stored outdoors upon determination by the Community Services Department, the
Parks, Beaches, and Recreation Commission and the City Council."
While the Lease permits the construction of an 18,228 square foot building, the
NAC has operated in an 8,107 square foot facility since 1987. This smaller facility was
referred to as "Phase I" in the Ground Lease. In 1997, the NAC submitted initial plans to
the City to construct the remainder of the facility permitted by the Lease. Construction
on the expansion is now underway.
When the construction is complete (estimated to be in September 1998), NAC
officials expect that they will be able to offer the full range of programs outlined in the
Plan. In preparation for that time, NAC officials have asked the City to assist the NAC in
meeting the CUP condition that it restrict daily usage to 250 persons. NAC officials
believe that the North Star Beach presence of Imua impacts that condition.
Imua Outrigger Canoe Club
Hawaiian -style outrigger canoeing —where teams of nine people (six in the
canoe, three more in a chase boat) paddle an "outrigger" canoe noted for its distinctive
balancing structure on one side of the canoe — came to Newport Beach in 1959. In the
1960s, the Newport Outrigger club and the Balboa Outrigger club grew in experience to
become competitive with Hawaii -based clubs. In the 1970s, local enthusiasts formed the
Imua Outrigger Canoe Club.
Imua today has about 70 -75 active members who pay dues of $125 per "section"
(about half a year) to participate. It is a non - profit organization formed under Section
501 c (3) of the Internal Revenue code. Imua's six- member Board of Directors oversees
the Club's operations.
Imua's members race "nearly every weekend" between May and September.
Race sponsors locate races anywhere from San Diego to Santa Barbara, with an annual
race to Catalina Island on Memorial Day weekend the highlight of Imua's season. Imua
also attempts to support the local community, sponsoring a "Corporate Challenge" that
Agenda Item _
Page 3
has raised money for groups like the Upper Newport Bay Naturalists and the Newport
Beach Sea Scout program. Imua has also assisted Troop 350 of the Girl Scouts of
America achieve individual small craft badges.
The Imua organization's canoeing "hardware" — now stored on the beach itself at
North Star -- typically consists of:
• four large outrigger canoes (45'long);
• six smaller one person canoes (24' long);
• one trailer for outrigger transport;
• one large (12' by 4' by 3') wooden storage box; and
• two rolls of industrial hoses for washdowns.
While the City of Newport Beach's Municipal Code ( §17.16.021) directs that "no
person shall store any vessel, watercraft, or trailer on any public beach in the City ", Imua
has had special permission to store its outriggers on either the 18th Street Beach or
North Star Beach since at least 1986.
Imua has used at least two locations in the City to store and launch its canoes.
During the 1980s, it used the beach at 18th Street per an agreement with the Marine
Department that outlined Imua's obligations at the site relating to parking, resident
concerns, hours of operation, and on -beach storage (see Attachment A). The
agreement also suggested that "...future (Imua) activities will be relocated to North Star
Beach after January 1, 1987."
Annually in the late 1980s, Imua and the City agreed to terms outlining outdoor
storage at North Star Beach (see Attachment B). In recent years, however, the terms
have apparently continued without explicit agreement.
In the absence of any explicit agreement with Imua to remain at North Star, the
City notified Imua in May 1998 that Imua "will be required to move all overnight storage"
from North Star Beach by May 31, 1998. Community Services Department staff was to
examine alternative sites for Imua and to report back to the City Council's Harbors,
Beaches, and Parks Committee (a Council Committee) on the status of the Imua move.
When the City disbanded its Council Committees in May, the "report back" never
occurred. Imua's outriggers and equipment remain on North Star Beach today.
In the meantime, the City identified several alternative sites for Imua to store and
launch its outriggers. These include the 18th Street Beach, the West Lido Island Bridge
Beach, the DeAnza Commercial Property (west of Newport Dunes), and the beach at
10th and Bay streets.
What is at Issue?
Given the nature of the City's relationship with the NAC and Imua, the following
issues arise:
-/Does Imua's presence at North Star impact the NAC's 250 daily user cap? With
the canoes stored onsite at North Star Beach, lmua's members enter and use the NAC
parking lot. NAC worries that lmua's use of North Star Beach will cause NAC to exceed
its 250 users per day cap. Further, NAC believes that.lmua- generated traffic may impact
the NAC's relationship with the Dover Shores community given concerns in the past
about early morning noise and parking. Several other organizations — both non -profit and
Agenda Item
Pape 4
for profit - use North Star Beach given its public nature. As recently as December 1996,
the City's Community Services Department noted its opinion that 'The 250 daily users
cited in (the Ground Lease) refers to those users of the Aquatic Center facility itself, not
users of North Star Beach in general" (see Attachment C).
./Does Imua's presence at North Star detract from the NAC's ability to provide
outrigger canoe classes to interested parties? Some have assumed that the NAC would
prefer that Imua not be a direct, on- the -beach "competitor" to the NAC's outrigger canoe
classes. Imua responds that it has more interest than capacity in its own classes, and
would gladly share its interested parties list to the NAC.
✓ If Imua stays, can Imua and the NAC work together and side -by -side at North
Star? Julie Morris, Imua's president, notes that both the NAC and Imua have been
'partners" in a variety of ways. She cites the two groups' routine sharing of equipment
(including outriggers) as an example.
✓ What alternative sites are appropriate for Imua should the Commission and
Council dictate that Imua move its overnight storage of outrigger canoes? City staff has
identified at least four sites (see above) to which Imua could move to avoid any additional
impacts to North Star and the NAC. Optimum sites in Imua's eyes would include
adequate parking, limited impact on neighboring residences, easy launching ability, and
moderate to low beach use by the public. Morris has responded that Imua would prefer
to stay at North Star, but that 18th Street is an acceptable "but not ideal" location due to
the large public use of the beach and limited parking. City staff notes that the land use
at 18th Street may change in a significant way (after March 2000) depending upon
the outcome of a current review of the "tidelands boundary" at MarinaPark.
August 4, 1998 PB &R Action
At the PB &R Commission's August 4, 1998 meeting, the Commission listened to
comments of Staff, area residents, Imua members, and Billy Whitford (NAC Director).
After reviewing a "decision tree" outlining various alternatives (Attachment D), the
Commission decided to recommend that the Council allow Imua to store its outrigger
canoes overnight at North Star Beach under a use permit that outlines Imua's
responsibilities to the area and neighborhood as a condition of the overnight storage.
SUMMARY OF PAST ACTIONSIHISTORY:
• September 1982 - By a 59 %-41 % margin, City voters approve Measure O which allows the
City Council to enter into a 25 -year lease with "a non - profit corporation' to construct an
Aquatic Center at North Star Beach.
• September 1984 - CUP granted regarding NAC, includes 63 conditions.
• May 1986 - City grants Imua five months of overnight storage at 18'h Street Beach,
suggests relocation to North Star for 1987 season.
• February 1987 — City enters into 25 -year Ground Lease with NAC.
• January 1988 — NAC prepares and submits Facilities Management Plan to City.
• May 1989 — City grants Imua seven months of overnight storage at North Star.
• March 1990 — City grants Imua nine months of overnight storage at North Star.
• December 1992 — City approves storage of 2 outriggers overnight at North Star.
• December 20, 1996 — Community Services Department issues letter to NAC stating opinion
of Department that "the 250 daily users (cap) refers to those users of the Aquatic Center
facility itself, not the users of North Star Beach in general."
• September 1997 — City amends NAC Ground Lease, extends to 2022.
• October 1997 — City meets with Imua, suggests limiting outrigger storage on beach to six 6-
person canoes and 6 one - person canoes.
Agenda Item
5
• November 1997 — Dover Shores Community Association complains about "early morning
rowing activities" associated with North Star Beach and the NAC's CUP.
• November 1997 — Dover Shores resident A. Folkedal writes City to note anger with traffic
and noise associated with NAC's Newport Autumn Rowing Festival Event held November
16,1997.
• November 1997 — City staff updates City Council on NAC's compliance with CUP.
• February 1998 — City staff updates Council's Harbors, Beaches, and Parks Committee
about recent meeting with NAC and other beach users regarding noise.
• March 3, 1998 — City suggests four alternative sites for Imua
• April 7, 1998 — Council's Harbors, Beaches, and Parks Committee gets staff report on North
Star efforts — includes a notation that residents "will keep a running log in an effort to
identify trends that will help the (users) enforce noise controls"
• May 1998 — Construction begins at NAC on expansion to size permitted by Ground Lease.
• May 5, 1998 — City sets May 31, 1998 deadline for Imua to remove outriggers from
overnight storage area at North Star.
• May 26, 1998 — City disbands all City Council committees, including Harbors, Beaches, and
Parks Committee
• August 4, 1998 — City's Parks, Beaches, and Recreation Commission hears Imua item and
votes 7 -0 to recommend that the City Council approve the action recommended below.
FISCAL IMPACT:
No direct fiscal impact to the City.
RECOMMENDED ACTION:
Authorize Imua to store its outrigger canoes (and related equipment) at North Star
Beach by:
(1) Directing staff to work with the City Attorney to determine (in writing) whether the
250 daily use limitation imposed by the NAC CUP applies to just NAC activities
or to the entirety of activities at North Star Beach;
(2) Within 30 days, returning to the City Council with an ordinance that would amend
NBMC §17.16.021 relating to overnight storage of vessels expressly allowing
Imua to store its outrigger canoes (and related equipment) overnight at North
Star Beach effective immediately;
(3) Directing staff to report back within 3 months on a plan that would maximize
cooperative uses between Imua and NAC in terms of parking, classes, and
facilities use; and
(4) Upon receipt of the Report, direct Imua to apply for a use permit (which shall
detail Imua's obligations, responsibilities, and term) associated with operating
from North Star Beach.
NOTE: Phrases underlined above are City staffs clarification of the motion approved by the
PB &R Commission on August 4, 1998. They are not intended to change the intent of the
Commission's recommendation to Council.
ATTACHMENTS:
Attachment A -1986 City-Imua Agreement for 18th Street Beach
Attachment B -1989 City-Imua Agreement for North Star Beach
Attachment C -1996 Letter from City regarding the 250 daily user cap
Attachment D - Decision Tree presented to PB &R Commission (August 4, 1998)
ter..
AGENDA ITEM N0. F -12
CITY OF NEWPORT BEACH
Marine Department
May 26, 1986 —40r-
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department.
SUBJECT: REQUEST FROM.THE NEWPORT OUTRIGGER CANOE CLUB TO STORE
AND LAUNCH CANOES FROM THE PUBLIC BAY BEACH STREET END
AT 18TH AND WEST BAY
Recommendation:
If desired, approve the special request subject to the following conditions:
1. For the period starting June 1, 1986 .through October 31, 1986 only.
2. That the Outrigger team and family members strictly observe all
applicable Newport Beach Municipal Code sections pertaining to
dogs, picnics, litter, parking, etc.
3. That the president of the club be directed to keep in close contact
with the neighboring residents to preclude complaints caused by a
lack of communication and /or misunderstandings regarding bay beach
Municipal Code regulations, and that should the City staff be re-
quired to respond to complaints, it may be grounds for immediate
revocation of this permit.
4. That no trailer storage be allowed at any time on the bay beaches,
except for loading or unloading of canoes when trailer transport-
ation is necessary to compete in regattas.
S. That the club canoes be stored at a location adjacent to the Marina
Trailer Park at 18th Street end.
6. That the club be prohibited from working out prior to 7 A.M. and
after 9 P.M.
7. That only four (4) canoes and one (1) storage box are allowed on
the beach
8. That Club members attempt to park in locations other than 18th and
Bay and 19th and Bay, particularly on weekends.
9. That the canoes be moved from the present location to approximately
60 yards from the southern perimeter of the beach. This will relieve
congestion near the boat launching area.
JUL -01 -1998 16 : 29 oa-. 0 a' \0
10. That the club acknowledges that this will be the last summer that
this beach will be made available to them.
Discussion:
The Newport Outrigger Canoe Club has, for the last several summer seasons,
utilized the public beach at 18th and Bay for the launching and storage of
their canoes. No problems have come to the attention of the Marine
Department regarding past use of this area.
The Canoe Club is again requesting that the .City Council grant special
permission for the storage and launching of canoes at 18th and Say Street
end beach for the 1986 summer season.
The Marine Department had discussed the use of the beaches and the conditions
of the permit with the Outrigger Canoe Club. They understand the situation
and have agreed to the conditions of approval.
In the future all rowing type activities will be relocated to North Star
beach, particularly after January 1, 1987.
David Harshbarger
Director, //Marine Department
Tony Me m(
Tidelands Administrator
TM:db
JUL -01. -1999 15 :2P 00.1 c M�
Item No. 11
CITY OF NEWPORT BEACH
Parks, Beaches and Recreation Department
DATE: April 25, 1989
TO: Parks, Beaches and Recreation Commission
FROM: Recreation Superintendent
SUBJECT: Seasonal Outdoor Storage - Outrigger Canoes
Recommendation:
Approve the request for seasonal storage of Outrigger Canoes at North Star Beach
presented by the IMUA Outrigger Canoe Club subject to the conditions listed.
Commission approval will be transmitted to the City Council for further
consideration.
1. For the period of April 1 through October 31, 1989.
2. That the Canoe Club strictly observe all Newport Beach Municipal Codes Sections
pertaining to dogs, picnics and litter.
3. That no trailer storage be allowed at any time on North Star Beach.
4. Trailering of Outrigger Canoes to and from North Star Beach is prohibited
before 9:00 A.M. and after 4:00 P.M.
5. That the Canoe Club be prohibited from working out prior to 7:00 A.M. and
after 7:00 P.M.
6. All cars are to be parked within the parking lot area and not in the
residential community.
7. Canoe storage shall be on the southeast portion of North Star Beach.
8. That the Canoe Club store a maximum of six (6) Outrigger Canoes.
9. That workout attendance and parking use be restricted if necessary due to
activity emanating from the Newport Aquatic Center.
10. That the Canoe Club provide a Certificate of Insurance naming the City of
Newport Beach and the Newport Aquatics Center, Inc. as additional insured
for comprehensive general liability on amounts established by the Safety
and Insurance Administrator.
11. Identification of a contact person(s) who will report to the Aquatic Center
Executive Director.
12. That entry gates to the Aquatic Center be locked as required in coordination
with Aquatic Center staff.
13. That use of the Aquatic Center be limited to the outdoor /public facilities.
14. That non - conformance with the above conditions will result in immediate
J termination of the permit.
Discussion:
The attached report was received by the Department in early March and reviewed
with the Aquatic Center Board of Directors at their April meeting. Conditions
111, 112 and 113 were included at the request of the Aquatic Center as a means
of improving the coordination of shared public facilities. The Commission
should note that IMUA Canoe Club are exemplary users of this facility and that
the Department has received no complaints from residents bordering North Star
Lane.
M < Deven
City of Newport Beach
':OMMUXTTY SERVICES
December 20, 1996
Joline Esparza, President
Bruce Ibbetson, Treasurer
Newport Aquatic Center
One Whitecliffs Drive
Newport Beach, CA. 92660
Dear Ms. Esparza and Mr. Ibbetson:
This letter is written to clarify the maximum number of 250 daily users permitted
to utilize the Newport Aquatic Center and North Star Beach.
Staff reviewed the staff report for and the minutes of the Planning Commission of
September 6, 1984; the Use Permit issued by the City, September 1984; the
Ground Lease between the City and the Aquatic Center, and consulted with Ms.
Patty Temple, City Planning Director.
It is the opinion of the Community Services Department that the 250 daily users
cited in the documents refers to those users of the Aquatic Center facility itself, not
users of North Star Beach in general.
If you have any questions, please do not hesitate to call (714- 644 - 3157).
Sincerely,
LaDonna Kienitz
Community Services Director /City Librarian
cc: Steve Morris
Ed Benson
`O
Storage of Imua's Outriggers
c
Q1 Should the City`permit Imua to store its
outr {gger canoes overnight on City beaches?
YES
YES
Item V -5
N ALTERNATIVE ONE --Recommend that Council direct Imua to
stop all overnight beach storage and to store its outriggers on land
effective immediately.
NOTE. To allow Imua to be in compliance with the Municipal Code, the City must
amend NBMC §17.16.021 to expressly allow specific overnight storage of vessels.
to.'operate4 NO ALTERNATIVE FIVE-- Direct Staff to work with Imua to find a site
alternate to North Star and 18th Street and to report back to PB &R.
If none are available, direct Imua to stop any overnight storage of
NOT SURE its outriggers.
ALTERNATIVE TWO — Direct staff to:
• Prepare an amendment to NBMC §17.16.021;
• Assist Imua with a packing management plan for
the 18th Street area;
• Prepare a draft use permit for Imua's term at 18th
Street; and
• Forward the Plan and Permit to City Council for
approval. OR
• Return to PB &R for review.
i
ALTERNATIVE FOUR -- Direct staff to:
• Prepare an amendment to NBMC §17.16.021;
• Work with the City Attorney to re- examine whether
the 250 daily use cap applies to all of North Star or
just to NAC;
• Work with NAC and Imua to study potential
storageAaunch locations for Imua; and
• Report back in 90 days to PB &R.
Y
ALTERNATIVE THREE — Recommend that Council direct Staff
er the NAC'si250 daily user,
another beach to store its
to:
• Prepare an amendment to NBMC §17.16.021;
NO
iggers?
• Work with the City Attorney to clarify any ambiguity about the
>> -
250 daily user cap and its link just to NAC, not North Star,•
• Work with NAC and Imua on a parking management and use
plan for Imua that will minimize any neighborhood impacts
YES
resulting from Imua's continued use of North Star, and
• Work with Imua to prepare a use permit to allow Imua to stay
at North Star according to permit conditions.
to.'operate4 NO ALTERNATIVE FIVE-- Direct Staff to work with Imua to find a site
alternate to North Star and 18th Street and to report back to PB &R.
If none are available, direct Imua to stop any overnight storage of
NOT SURE its outriggers.
ALTERNATIVE TWO — Direct staff to:
• Prepare an amendment to NBMC §17.16.021;
• Assist Imua with a packing management plan for
the 18th Street area;
• Prepare a draft use permit for Imua's term at 18th
Street; and
• Forward the Plan and Permit to City Council for
approval. OR
• Return to PB &R for review.
i
ALTERNATIVE FOUR -- Direct staff to:
• Prepare an amendment to NBMC §17.16.021;
• Work with the City Attorney to re- examine whether
the 250 daily use cap applies to all of North Star or
just to NAC;
• Work with NAC and Imua to study potential
storageAaunch locations for Imua; and
• Report back in 90 days to PB &R.
Y