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HomeMy WebLinkAbout12 - Maximizing Public Access to City ParksCity Council Agenda Item 12 February 26, 2002 COMMUNITY SERVICES DEPARTMENT Arts ii Cultural - Library - Recreation - Seniors To: Mayor 8 Members of City Council From: Parks, Beaches and Recreation Commission Re: Maximizing Public Access to City Parks RECOMMENDATION Approve the proposed new City Policy. City Council Policy 1 — Maximizing Public Access to City Parks The purpose of this policy is to maximize access for the general public to the parks of the City of Newport Beach. As steward of the coastal parks and beaches, the City Council establishes the following guidelines for reserved use of those City parks in high traffic areas: 1. Reservations for the use of inspiration Point, Lookout Point, and Peninsula Park shall be permitted only during the non -peak tourist season, specifically the period after the Labor Day weekend in September to, but not including, Memorial Day weekend in May: 2. Groups of more than 20 attendees or participants may not reserve the following view parks at any time: Ensign View Park Galaxy View Park Inspiration Point Lookout Point 3. Reservations for use of City park areas can only be made through the City, with payment fees established by resolution of the City Council. 4. The City Of Newport Beach will undertake a program of education for the public of the rules and regulations for the use of all City parks, especially those of high use and during the peak summer season. This may be undertaken with a non -code enforcement position of a 'Park Ambassador." 5. Exceptions to this policy shall only be events co- sponsored by the City of Newport Beach, such as the Corona del Mar 5K Race, and for events at Peninsula Park or Galaxy View Park approved through the Special Event Permit process. BACKGROUND The City has the responsibility to provide public access to public areas in the coastal zone. As both the popularity of certain parks in high traffic areas increased and requests to reserve these parks increased, access and enjoyment of the parks by the general public decreased. Since July 2001, both the Parks, Beaches and Recreation Commission and Recreation Activities Committee of the Commission, with input from local residents, reviewed the following issues: • Excessive reservations for the use of both Lookout Point and Inspiration Point Parks has seriously limited public access to those areas. A limitation on reservations to use Peninsula Park during the summer months already exist Maximizing Public Access to City Parks Page 2 • There is a need to limit the number of participants for reserved use of Ensign View Park, Galaxy View Park, Inspiration Point, Lookout Point because the size and /or parking availability of these parks is not sufficient to accommodate larger parties and severely restricts access to the general public. The proposed policy will enable the City to maximize public access to these highly used and extremely popular sites. Attached: 1. Parks, Beaches and Recreation Commission Minutes of: • August 7, 2001 • September 4, 2001 • October 2, 2001 • November 6, 2001 • December 4, 2001 February 5, 2002 2. Recreation Activities Committee of the Parks, Beaches and Recreation Commission Minutes of: • July 30, 2001 • September 19, 2001 • October 22, 2001 3. Staff Reports • November 6, 2001 • October 2, 2001 • February 5, 2002 Parks, Beaches 13 Recreation Commission Regular Meeting August 7 2001 age Discussion ensued regarding the reasons for having a retreat and locations. Director Niederhaus suggested that membe d the City Council Study Session where staff will present 10 most im goals of the City and future concerns. Chair Skoro sta a would attend the Study Session and would discuss this issue at a f etine. Committee Reports Budget - Nothing new to report. Castaways Park - Nothing new to report. Park Development - Awaiting information on Upper Bayview. Recreation ft ODen Space Element - Nothing new to reDort KUCretl.L7Un.3e1VICe5 - YYlil Ineel W WbWbb 11M Ieeb /eflIUILUIIIUJII dnU Iev117W NUUUo of other Cities regarding weddings at the beach /parks. 38`" Street Ad Hoc - Chair Skoro appointed Commissioners Allen, Englebrecht. First meeting will be August 13, 2001 at 4pm. FUTURE AGENDA ITEMS Results of root pruning on Clay Street Ocean Boulevard Committee Appointments Newport Village 38th Street update Volleyball al Commission Update R o G -5 Policy ADJOURNMENT - 9:35pm Submitted by: Teri Craig, Admin Assist Parks, Beaches a Recreation Commission Regular Meeting September 4 2001 Page Motion carried by the following vote to deny the request of Thomas Kelleher: Ayes: Beek, Franklin, Macfarland / Nays: Allen, Skoro 8. Committee Reports 381h Street Ad Hoc - Manager McGuire sta at the first meeting would be held September 17, and that there will b is notice and updated police reports. Budge - Nothing new to repo Castaways Park - Nothi to report. Park Develo me ommissioner Allen stated that the Committee had met to discuss N Village and discussed a timeline. She noted that there was $35,000 on o design the passive view park. She also stated that letters had been sent homeowners associations and will public notices will be sent regarding the October 2 meeting. Recreation a ODen SDace Element - Nothing new to reDort Recreation Services - Commission Franklin stated that staff is working on differer wording for the policy and will bring to the Commission in October for their review. FUBerKiff EMS dM State Beach clay sewers s for youth ups. • the Ducks — Commissioner Beek will discuss issue with Deputy City f ADJOURNMENT - 9:35pm /I Submitted by: J"L� Teri Craig, Admin Assistant Parks, Beaches @ Recreation Commission Regular Meeting netnhar 7 &= Page 2 Motion carried 7. Discussion of Use at Lookout Point, Inspiration Point and Obstruction on Beach - Manager McGuire stated that Recreation Activities Committee had met on this issue because of comments from residents on the overuse of the areas indicated. She noted that the report recommended the hiring of a Park Ranger to ensure compliance of the regulations during evenings, weekends and holidays. Discussion ensued regarding signage. Commissioner Tobin stated that more regulations of use there are, the more problems will occur. He noted that the Police do not think that there is a problem and that it appears that staff wants to spend more and more money on unneeded staff. Commissioner Englebrecht stated that his major concern is that some people take control of these sites and that the public do lose their access to these locations. He also noted that the Police would certainly not stop a wedding. Commissioner Franklin stated that more enforcement of the regulations are needed. Commissioner Beek asked if there were any police reports. Manager McGuire stated no, just what has been gained from the residents anecdotally. Public Discussion opened by Chair Skoro Robert Walchli, POB 603, Corona del Mar, stated that weddings are out of control and that it definitely impacts the public use of the area. He stated that no one is going to go over and ruin someone's wedding day but stated that change is needed; i.e. rates for use should be higher, police bike patrol would be helpful; limit on number of people attending the event. He urged the Commission to review the regulations for more control. John Hamilton, 2735 Ocean Boulevard, Corona del Mar, stated that he has been a resident for 29 years, and that now there are just too many people and too many events. Rates need to be higher; chairs should not be allowed, signage needed regarding alcohol consumption. Commissioner Beek asked Mr. Hamilton if he has called the police regarding consumption of alcohol. Mr. Hamilton stated that there is no signage to point to; and therefore unable to be enforced. Parks, Beaches £t Recreation Commission Regular Meeting October 2 2001 age Manager McGuire stated that public consumption of alcohol on the beach is illegal but would look into additional signage for these locations. Lily Christensen, 11 Harbor Pointe, Newport Beach, stated that there is just too much traffic for anyone to enjoy the area and noted that trash is a major issue at these locations. Jean Brutin, 219 Goldenrod, Corona del Mar, stated that external vigilance is needed and that the area is seriously abused, that there are sometimes five weddings a day at the locations, that they have been verbally abused by the people catering or attending the events, she noted that she would like to see nothing allowed at these locations. Commissioner Beek asked Ms. Brutin if she had ever called the police. Ms. Brutin stated no. Kathy Hamilton, 2735 Ocean Blvd, Corona del Mar, stated that people are pitching tents and that chairs should not be allowed. Chair Skoro closed the Public Discussion Commissioner Allen stated that she sympathizes with the residents and that a way should be found to enforce the regulations for use of the parks. Commissioner Englebrecht stated that that he believes that use will increase as he believes that 50% of the use is not even done by reservation. He stated that he would be willing to reconvene the Committee to try to be more creative. Manager McGuire stated that these sites are public parks and that people do have the right to use it. She also noted that staff is discussing with the City Attorney the possible use of a compliance deposit. An enforcement officer or Park Ranger would be needed to confirm compliance of use. Motion by Commissioner Englebrecht to return the item to the Recreation Activities Committee to revisit the issues. Motion carried by acclamation. Newport Village - Director Kienitz stated that this item is on the agenda for t to note their recommendations for the park and that the City Counci ected that the parcel of land be an open passive view park. 00 Commissioner Skoro reminded the a are not designing a park just listening to recommendations: Troy M' 7 Acacia Avenue, stated that he had three areas to discuss: resign theme — park should have a garden feel to it; a place to reflect. • Uses — sit and talk on a bench; paint or read and smell the fragrances of the flowers Parks, Beaches Ft Recreation Commission Regular Meeting _ October 2. 2001 Page 7 38th Street Ad Hoc - Chair Skoro thanked the Committee for their ha c and retired the Committee. Finance- Chair Skoro stated that a meeting will be ed to discuss potential grants totaling approximately $900,000; h that staff is recommending that these grant funds be used to corre iencies in the parks. Castaways Park - Nothn report. Park Develo m ommissioner Allen stated that a meeting will be set up before the eggpOmllfbber. Ree're'ation Et Open Space Element - Nothing new to report; Commissioner Beek reminded Mr. Lomeli that the Committee is waiting for input from General Services. convened to discuss Inspiration Park and will bring back their recommendations at the next meeting. FUTURE AGENDA ITEMS • Joint meeting with Costa Mesa • Review of reforestation section of the G -1 Polic y. oro appointed Commissioners Beek, Macfarland and Franklin to meet. Viability of clay sewers Review fees for yo s groups. • Signage eed the Ducks — Commissioner Beek will discuss issue with Deputy City _.LW Kiff ADJOURNMENT - 9:35pm /1 t Submitted by: — r Teri Craig, AdmA Assistant Parks, Beaches 8: Recreation Commission Regular Meeting November 6 2001 age 3. Community Services 4. Tree Donation - Accept tree donation from K. B. East to be planted at Irvine Park. / 1. Correspondence - The following communications were acknowledged. To: Mary Ann Rail, October 16, 2001 Harvey Brown, October 18, 2001 / Fm: Clare Donovan, October 19, 2001 Lawrence Spitz, October 23, 2001 Correspondence from Robert Walchli, November 5, 20 , was added and acknowledged. Discussion ensued regarding request for Capital provement Funds for the replacement of benches from Clare Donovan, President, n Bowlers Association Manager McGuire stated that per th ase which the City has with the Lawn Bowling Club, the City's responsibility is fo epairs, not replacement. Chair Skoro asked staff to aft a letter to Mr. Donovan stating Parks, Beaches and Recreation Commission sidered their request and that they could not at this time recommend includin request for bench.replacements at the Lawn Bowling Club in the FY 2002/03 Capit mprovement Program; and that the Commission agreed that these benches are n a private Club and available only to its members and that the cost should be b9Ke by the Club and its members. It wa.100Cso suggested that the Club look into the City bench donation program. 2. Ark and Tree Division - Jan Vandersloot, 2221 E. 16th Street, asked for a clarification OF regarding total number of trees removed annotated on the chart attached to the monthly activities report. Motion by Commissioner Beek to accept items. I - 4 of the Consent Calendar. Motion carried by acclamation. 5. Commercial Uses in Public Parks and Beaches - Manager McGuire stated that the City Attorney will work on the rewording of the-Municipal Code before it is forwarded to the City Council; but that unless some kind of• enforcement is included that City Attorney would not approve of a policy change. Discussion ensued regarding Code Enforcement Officers and Park Rangers and a need for some type of a compliance deposit. Manager McGuire reviewed a typical day for a Park Ranger, and stated that she envisions a 16 -18 hour a week position with a maximum of 1000 hours per year for a approximate total of $18,000 a year. Parks, Beaches i3 Recreation Commission Regular Meeting November 6, 2001 Page Commissioner Tobin stated that he had discussed this with the Police Watch Commander and that he did not want someone that would not be able to enforce the rule. Manager McGuire stated that the role of a Park Ranger would be more for education of community residents. Commissioner Tobin stated that staff must make sure that when a reservation is made that all conditions are clear and concise. . Manager McGuire stated that one of the points for the new policy would be to stop businesses that are commercially profiting from events; they are not trying to stop the small weddings or family picnics. Chair Skoro opened the public discussion; upon hearing none the discussion was closed. Discussion ensued regarding the need for revisions to satisfy the concerns regarding enforcement and signage issues. Motion by Chair Skoro to ask staff to review policy and continue this item at a later date. Motion carried by acclamation. 6. Newport Village - Chair Skoro reviewed the items received from the public and Commission regarding the Newport Village site. Commissioner Beek stated that it is important to define a destinatio rk before the recommendations are forwarded. Commissioner Franklin stated he still does not afire at library parking should be included as park of the design of the site. Director Kienitz reviewed the historupoMe site during the land exchange with The Irvine Company. She reminded th at at the time of planning for the library that a museum was to have been b ' ith a large parking lot that was to be shared by the two institutions, the libr nd the museum. O ersLoot, 2221 E. 16'h Street, distributed SPON's vision of the Newport Central He reiterated that open space should not be used for parking. Elizabeth Stahr stated that she raised $2M for the Central Library and that the Central Library Friends Meeting Room had never been utilized properly because of the lack of parking. She also recommended that the parking lot be reviewed, as the spaces are much too narrow. Parks, Beaches 8: Recreation Commission Regular Meeting November 6 2001 age 5 10. Committee Reports Castaways - Superintendent Lomeli stated that Bo Glover a hearing about the Conservancy Grant sometime in November. Finance - Chair Skoro stated that the Co a had met on October 8 and 26, 2001 to discuss priorities for grant an monies. Park Development - C ' oro stated that the Committee had met on October 8 and 26, 2001 1 Newport Village and Upper Bayview and wilt meet again on Nov . 2001. !creation 8t Open Space Element - Nothing new to report; Commissioner Beek reminded Mr. Lomeli that the Committee is waiting for input from General Services Recreation Services - Manager McGuire stated that staff would be looking at policing the language of the Commercial Uses in Public Parks ii Beaches. a FUTURE AGENDA ITEMS Review of reforestation section of the G -1 Policy. Chair Sk ointed Commissioners Beek, Macfarland and Franklin to meet. Viability of clay sewers Signage Do Not Feed the Ducks — issioner Beek will discuss issue with Deputy City Manager Kiff Commercial U ublic Parks l3 Beaches AnJOVOWEN r - 9:05pm Submitted by: Teri Craig, Admin As9stant Parks, Beaches @ Recreation Commission Regular Meeting December 4 2001 Page 6. Park Bond Application for Funds and Projects - Superintendent McGuire aske he Commission to review and approve the proposed utilization of Proposition 12 nd Act Funds -the Per Capita Grant Fund in the amount of $685,000, and the R rti- Tberg- Harris Urban Open Space and Recreation Grant, $220,120. Th forward the recommendation for approval to the City Council with the re ed accompanying Resolutions requesting State Grant Funds. Chair Skoro stated that also though he had not been inopftlete agreement of the use for the funds that he does agree that safety is them ,gorimportant issue. Motion by Chair Skoro to forward the resoINKns for the utilization of Per Capita Grant Fund in the amount of $685,000, and t berti -Vberg -Harris Urban Open Space and Recreation Grant, $220,120 to City C cil. Motion carried by acclamation. 7. Change of Date for Parks Be es and Recreation Commission for January - Discussion ensued regarding specific jdes. that the next Commission meeting be scheduled for January 10, FiiA B. Comm' a Reports stawa Director Niederhaus stated that Bo Glover had reported that the City would not be receiving as much funding as expected and would forward information when received. Finance - None Park Development - Commissioner Allen stated that a Joint Meeting was scheduled with City Council for January 22 and that it should be included on the agenda for January. Derrcvr;nn G nl .c rnnrc Flcmcnh - AA==tina crhorli dorl fnr Iwni mw R inm FUTURE AGENDA ITEMS uary. Review of reforestation section of the G -1 Policy. Chair Skoro a +fllsdCommissioners Beek, Macfarland and Franklin to meet. Viability of clay sewers Signage Do Not Feed the Ducks — sioner Beek will discuss issue with Deputy City Manager Kiff Parks l3 Beaches A&SVI irMENT - 8:35pm Submitted by:� "`"� Teri Craig, Admin Ass an Parks, Beaches ft Recreation Commission Regular Meeting February 5 2002 Page 7. Maximizing Public Access to City Parks - Superintendent McGuire gave a background for the reasoning for the new policy, and noted that it been reviewed by the City Attorney. Commissioner Tobin questioned the reason for a Park Ambassador. Superintendent McGuire stated that this part -time employee would be available to educate the public on the rules and regulations of the City, but not to enforce them. Superintendent McGuire noted that it was hoped that by taking compliance deposits for rentals that it would cut down on the over use of these area. Discussion ensued regarding public use of the parks. Motion by Commissioner Franklin to forward the new policy as written to City Council for their approval. Motion carried by the following vote: Ayes: Allen, Beek, Franklin, Macfarland, Skoro Nay: Tobin Absent: Englebrecht F Parks. Beaches and Recreation Commission Recreation Activities Committee July 30, 2001 - City Council Chambers Attendance: Pat Beek, Marc Franklin, Tom Tobin, Andrea McGuire, LaDonna Kienitz, Kathy £t John Hamilton (residents); John Blauer (Fire Dept.) Item 3. Discussion of Use of Lookout Point • Inspiration Point • Irvine Terrace Park Marian Bergeson Agemtic Center • Weddings on Beach A general discussion was held regarding the current policies and regulations as they pertain to Lookout Point, Inspiration Point and Irvine Terrace Park. The committee discussed possible problems and solutions for enforceable regulations. It was agreed that the committee would review each of the regulations and make recommendations to be brought before the Parks, Beaches and Recreation Commission at their September meeting. The Hamilton's reported that they have seen events at Lookout Point with 125 chairs set up. Parks, Beaches and Recreation Commission Recreation Activities Committee September 19, 2001 - Balboa Community Center Attendance: Roy Englebrecht, Tom Tobin, Andrea McGuire, and LaDonna Kienitz Item 3. Discussion of Use at Lookout Point, Inspiration Point, and Irvine Terrace Park Item 4. Discussion of Recommendations to amend Municipal Code and City Council Policy regardine use of the Beach. Policies reviewed were, 1 -4, 1 -25 and Municipal codes 5/10.025, 7.04, 10.32.050 and 11.08. Discussion was held regarding caterers on the beaches and in the parks. Commercial use or benefit from public facilities. A great deal of time was spent discussing the ability to enforce any regulations that were changed and how the City could reasonably do that. Also discussed were the impacts on the residents and the inability of the public to use the popular places during "reserved" events, even though staff carefully informs them that they share the park with the public. Parks. Beaches and Recreation Commission Recreation Activities Committee October 22, 2001 - Central Library Attendance: Roy Englebrecht, Andrea McGuire, Ladonna Kienitz, Kathy Hamilton (resident), Robert Walchli (resident) Item 3. Discussion of Use at Lookout Point, Inspiration Point and Commercial Use of Parks ft Beaches. Robert Walchli spoke on the need for enforcement presence of someone who is not "badge heavy" but can help insure compliance. Signage was discussed regarding no alcohol that is routinely disregarded. The committee agreed on a package to bring forward to the commission for full discussion. I -4 COMMERCIAL USES IN PUBLIC PARKS Commercial uses of public park lands may be desirable in certain circumstances to provide revenues to offset maintenance costs of the balance of a park. If practical and feasible, consideration could be given to use of segments of various public parks for commercial development on a revenue - producing basis. Commercial developments, as approved by City Council, may include, but not be limited to, restaurants, equipment rentals, food concessions, tennis center, pro shops, etc. Each proposed commercial use would be carefully studied and judged on the merits of the individual case, as recommended by the Parks, Beaches and Recreation Commission, and approved by the City Council. Adopted - May 12,1975 Reaffirmed -January 24, 1994 Formerly I -16 1 PUBLIC USE OF CITY FACILITIES PURPOSE I -25 City facilities, which include parks, playing fields, gymnasiums, community rooms and swimming pools, are available to the public for civic, social, educational, athletic and cultural activities. It is the intent of this Policy to provide use regulations and application and scheduling procedures to accommodate all groups that wish to use City facilities. PROCEDURE A. Applications to use the City facilities must be made on forms provided by the Community Services Department. Applicants must provide all information as may be required by the Department to assure compliance with the requirements and regulations of this Policy. B. Applicants will be required to pay a security deposit in an amount that will promote use of the Community Services facilities in an orderly manner without damage to the facilities. Security deposits will be refunded upon inspection of facilities and confirmation that no property damage has occurred. C. Applicants will be required to acknowledge that neither the City nor the Community Services Department assumes any liability for injury or loss of personal property. Prior to the use of the facility, the application must have approval of the Community Services Director /City Librarian or designated representative. D. Approval or denial of an application will be provided within five working days of receipt of a completed application. E. Reservations for use of Community Services facilities may be made up to six months in advance, but no later than five working days before the event. Any organization using City facilities on an ongoing basis shall notify the Community Services Department when there is a change of officers or of organizational policy. F. The City of Newport Beach is not liable for any and all accidental injury to any and all persons or loss or damage to group or individual property. When it is deemed to be in the best interest of the general public, the City of Newport Beach 1 I -25 will require the permittee to furnish a Certificate of Insurance naming the City of Newport Beach as an additional insured. The amount of the. insurance shall not be less than $1,000,000 per occurrence of commercial general liability insurance. G. A contract shall not be transferred, assigned or sublet. All contracts will be issued for specific facilities and for specific hours, and the premises must be vacated as scheduled. H. The application must be completed and signed by one of the adults who will attend and supervise the entire event or activities. REGULATIONS AND RESTRICTIONS All uses of Community Services facilities will be subject to the following regulations and restrictions: A. Alcoholic beverages are prohibited and shall not be permitted in or on any municipal facilities operated by the Community Services Department, except beer and wine may be served for special occasions at the OASIS Senior Center multi- purpose room when done in compliance with State Alcohol Beverage Control regulations and approved in writing by the Community Services Director. Approval to serve beer and wine at the OASIS Senior Center shall not be deemed to approve service of alcohol in violation of Section 25604 of the Business and Professions Code. The Community Services Director will require the permittee to pay City costs to provide additional security. B. Smoking is prohibited in all City facilities including restrooms. C. For all indoor facility rentals involving young people, 18 years and under, there shall be at least one adult for every 20 minors, or increments thereof, in attendance, who shall remain in the facility for the duration of the activity. D. No group's activities shall interfere with the administration of the Community Services Department. E. Non - profit 501 (c) (3) groups may use the facility for fundraising activities and charge entrance fees and collect donations provided that a detailed plan of the event, including the expenses, marketing plan and procedure for collecting fees, is submitted with the rental application. The group treasurer will be required to submit a financial report following any such activity. 2 I -25 F. Facilities and equipment are to be left in the same condition as they were prior to the rental. The permittee is responsible to pay for any damage to property or loss of property. A fee equal to total replacement cost will be charged. It shall be the responsibility of the permittee to see that unauthorized portions of the facility are not used. Continued or repeated use of City facilities will be contingent upon care of the facility, property and equipment, and observance of all approved rules and regulations. G. No gambling of any kind shall be conducted on, or in, City facilities, and the permittee shall insure that no disorderly or illegal conduct shall be allowed in any facility. H. The use of public address equipment will be limited to that provided by the facility, unless written approval has been secured by the Community Services Department through a Special Event Permit. I. Private groups wishing to collect fees, donations or admission charges will be considered commercial users. J. The capacity of City facilities shall not be exceeded. K. Storage space will not be granted to any ongoing activity or uses. L. All persons using the facilities shall observe and obey regulations of this policy, the rules of the Community Services Department and all applicable City, State and Federal laws, rules and regulations. FEE CLASSIFICATIONS - PRIORITIES OF USE Permission for use of City facilities shall be granted on a first come first served basis, subject to the following priorities: A. All official Community Services Department initiated and /or conducted activities, including those of the Friends of OASIS at the OASIS Senior Center. B. All official City of Newport Beach activities. C. All official City co- sponsored groups and /or activities such as community groups and activities which are non - profit, self governing, privately organized 3 I -25 and of an educational nature which may be brought under the sponsorship of the Community Services Department. D. Official public agency ponsored programs and activities not included in A, B, and C above. E. Recreational, social or civic activities of groups which are resident promoted 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. F. Recreational or social activities of private Newport Beach residents which are not open to the public. G. Recreational, social or civic activities and /or groups which are non - resident promoted and sponsored by non - profit organizations which are open to the public, but not qualifying under D above. H. Schools, colleges, hospitals and other similar civic groups not qualifying under the definition of non - profit. I. Others. FEES, DEPOSITS AND CANCELLATION PROCEDURES Fees may be charged for the use of City facilities and shall be established and periodically adjusted by the Parks, Beaches and Recreation Commission and approved by the City Council. Fees are imposed to cover overhead, processing, deposits, maintenance and replacement costs for application and scheduling and maintenance of the facilities. A. A security deposit will be required for all room rentals. All or a portion of the deposit may be retained by the Community Services Department after inspection of the facility by the Community Services Director or a designated representative and a determination that the facility has not been left clean and /or in good repair. * Non - profit status is defined as an organization that is so defined by the Internal Revenue Service, § 501(c) (3) and has a State of California Tax Identification Number. n I -25 B. A separate additional cleaning fee will be charged for rental of the OASIS Senior Center multi- purpose room. C. No fee or deposit shall be charged for use of City facilities by the City of Newport Beach, the Friends of OASIS when utilizing the OASIS Senior Center, or events co- sponsored by the City of Newport Beach or its departments, with the exception of set -up charges and fees for lighting usage. D. Cancellations for any facility other than the OASIS Senior Center multi- purpose room may occur seventy-two hours prior to the scheduled use of facilities without forfeiting fees collected by the City, with exception of a City service refund processing fee. Cancellations with less than seventy-two hours notice will be charged a cancellation fee established by resolution of the City Council. In the event of cancellation by the City, notice will be given as far in advance of the scheduled use as possible. E. Cancellation of rentals by users for the OASIS Senior Center multi - purpose room that occur less than thirty days prior to the scheduled use of the facility will be charged 25% of the rental fee. Cancellations with less than seventy-two hours notice will be charged the entire rental fee. Adopted - May 26,1998 Amended - May 8, 2001 5 (Item 5) November 6, 2001 COMMUNITY SERVICES DEPARTMENT Arts & Cultural - Library - Recreation - Seniors To: Parks, Beaches and Recreation Commission From: Recreation Activities Committee Re: Commercial Uses in Public Parks and Beaches RECOMMENDATION Forward the following items to the City Council: A. To Change City Council Policy 1 -4 — Commercial Use in Public Parks to include the following (see full text attached with changes): Commercial uses of public parklands are not meant to limit availability to the public. Although some use by reservation is desired to provide revenues to offset maintenance costs of the park, commercial uses shall be limited as provide below to minimize intrusion into public use. Use of caterers, party rental companies, professional party, event or wedding planners for private parties in public parks shall qualify as commercial use and are subject to commercial use fees. Use of public parks for the purpose of raising funds shall be permitted only for bonifide 501(c)3 organizations. All such groups must adhere to City Council Policy 1 -25 — Public Use of City Facilities, under Rules and Regulations section E. B. Addition to Municipal Code 5.11 or other title as deemed appropriate by City Attorney's Office, that specifically addresses the continuing use of the public parks and beaches for large catered/ professionally planned events such as reunions, weddings, memorials and other ceremonies. Suggested items for inclusion are: For Beaches — No person or business shall deliver party rental supplies including but not limited to tables and chairs to public beaches. (Currently MC 5.11.040 prevents catering on the beaches.) For Parks • No person or business shall deliver food, beverage, party rental supplies to any public park unless a park reservation/ permit has been obtained at the designated commercial rate. Allow for exceptions for City sponsored events with use of Special Event Permit. C. In order to ensure the enforcement of these codes and other forward to City Council the request for staff to develop a Park trained to monitor code violations to Titles 5 and 11 and edu park usage. This would be a part-time position on weekends Funds for this position could be offset through increased rental that are retained for non - compliance. park use regulations, Ranger position to be :ate public on proper and peak hours only. fees, facility deposits Commercial Uses in Public Parks and Beaches Page 2 Direct Staff to implement the following changes starting January 1, 2002. (These do not have to be forwarded to City Council) A. Limit the number of park /picnic rentals at Lookout Point and Inspiration Point to 6 per month with no rentals permitted from Memorial Day Weekend through Labor Day weekend. B. Change the maximum reservation for Lookout Point to 20 persons. C. Designate a specified area for reservations that is not at the corner. D. Develop a public education program and signage where appropriate to inform residents and park users of new regulations BACKGROUND According to the City's "coastal use plan ", it is necessary to guarantee access to all public areas in the coastal zone. As usage by groups increases and popularity of certain locations preclude the casual park user, the Parks, Beaches and Recreation Commission began looking at issues in the following areas: Excessive reservations in Lookout and Inspiration Points which limit public access to those areas. Growing usage of the beaches and parks by large groups using commercial set -ups on the beach. The growing need to have some enforcement support for abuse of park rules and regulations On July 30, 2001, the Recreation Activities Committee met to discuss these issues with Fire Department staff and concerned residents. The above recommendations were discussed with City Attorney's office. Recommended changes to the municipal code should be forwarded to the City Attorney for finalization and presentation to the City Council. On September 19 and October 22, 2001, the Recreation Activities Committee again visited the issue and heard public testimony. The committee has forwarded the above recommendations to the Commission. Attachments Council Policy 1 -4 with proposed changes MC 5.11.040 Facility Rental Fee Schedule 1 -4 COMMERCIAL USES IN PUBLIC PARKS Commercial uses of public park lands are not meant to limit availability to the public. Although some use by reservation may be desirable in c°rt°i^ mstanGes to provide revenues to offset maintenance costs of the balance a park, commercial uses Use of caterers, party rental companies, professional party, event or wedding planners for private parties in public parks shall qualify as commercial use and are subiect to commercial use fees. Facilities, under Rules and Regulations section E. If practical and feasible, consideration could be given to use of segments of various public parks for commercial development on a revenue - producing basis. Commercial developments, as approved by City Council, may include, but not be limited to, restaurants, equipment rentals, food concessions, tennis center, pro shops, etc. Each proposed commercial use would be carefully studied and judged on the merits of the individual case, as recommended by the Parks, Beaches and Recreation Commission, and approved by the City Council. Adopted - May 12, 1975 Reaffirmed - January 24, 1994 Formerly 1 -16 11.08.0 10 Obstructions on Public Beaches Prohibited. Title 11 RECREATIONAL ACTIVITIES' Chapter 11.08 CONDUCT ON BEACHES AND PIERS' 11.08.010 Obstructions on Public Beaches Prohibited. No person shall install, erect, or place any sign, recreational equipment (such as volleyball or badminton pole /net, portable play apparatus, and trampoline), fence, fire pit or barbecue, or similar encroachment on any public bay beach, ocean beach, tideland or park unless authorized or permitted to do so by formal action of the City Council, the written consent of the City Manager, or the provisions of this Code. The provisions of this section shall not prohibit the placement of beach umbrellas, sunscreens, shades or similar objects in conjunction with the daytime use of any ocean beach, bay beach or tideland. (Ord. 99-23 § 1, 1999) Page 1 of 1 http: / /ordlink.com /codes /newportb /_ DATA /TITLE l l /Chapter_11_08_CONDUCT_ON_I.. 09/27/2001 II 10 City of Newport Beach Community Services Department 3300 Newport Blvd, P.O. Box 1768 Newport Beach, CA. 92658 -8915 Phone: (949) 644 -3151 FAX: (949) 644 -3155 Park Et Facility Rentals Note: All Rentals are governed by City Policies 1 -21 and 1- 25. Security /Compliance deposits are required for all public rentals. RESTRICTIONS: The City does not issue rentals on the holidays of Christmas Eve, Christmas Day, Easter, President's Day, Independence Day, Labor Day, Memorial Day, News. Years Eve, New Years Day, Thanksgiving and Veteran's Day. PICNIC RENTALS: Only 2 Picnic Tables are included with any reservation! Rentals DO NOT INCLUDE exclusive use of public park areas or playgrounds. Picnic Rentals are for groups of up to 35 persons, larger groups must reserve and pay for both Picnic and Park areas! FEE SCHEDULE (Rates are hourly, 2 -hour minimum) COMMERCIAL NON - PROFIT PRIVATE ELECTRICITY is available only at Peninsula Park Gazebo for a $10 per hour charge. RESERVABLE PICNIC AREAS are located at the following Parks: Arroyo, Begonia, Bonita Creek, Cliff Drive, Eastbluff, Grant Howald, Irvine Terrace East, Irvine Terrace West, Mariners, Peninsula, San Miguel, 8 Veterans Memorial. BOUNCE - HOUSES and similar activities can only be accommodated at Bonita Creek, Eastbluff, Grant Howald, Manners, Peninsula, San Miguel, and Veteran's Memorial! During the Summer Months of June, July Ft August Bounce Houses can not be used at Peninsula. WEDDING CEREMONIES can be accommodated at many City of Newport Beach Parks. Please call for _ information- Resident Non -Res. `Residents r Non= "Res-: c_: Resident Non -Res. PARK B: PICNIC AREAS Non -Res. MEETING ROOMS Park 8: Picnic Areas 170 340 14: " -;: 18 ;kr 17 34 Peninsula Park Gazebo 170 340 - ,::1:4' - ,; 28..x;':: ; ;:'; 17 34 ELECTRICITY is available only at Peninsula Park Gazebo for a $10 per hour charge. RESERVABLE PICNIC AREAS are located at the following Parks: Arroyo, Begonia, Bonita Creek, Cliff Drive, Eastbluff, Grant Howald, Irvine Terrace East, Irvine Terrace West, Mariners, Peninsula, San Miguel, 8 Veterans Memorial. BOUNCE - HOUSES and similar activities can only be accommodated at Bonita Creek, Eastbluff, Grant Howald, Manners, Peninsula, San Miguel, and Veteran's Memorial! During the Summer Months of June, July Ft August Bounce Houses can not be used at Peninsula. WEDDING CEREMONIES can be accommodated at many City of Newport Beach Parks. Please call for _ information- Please Continue on Next Page Resident Non -Res. Reesident %.—:; Nbn•.Res i� :_ ; Resident Non -Res. MEETING ROOMS 'r" Y:'° _,='.YiT `. Balboa CC (Small Room) 85 170 ;r x•23;.; L >;4r;r;� 40 80 Bonita Creek CC 85 170 a;Z3_c fro,46i< ±r =f 40 80 Carroll Beek CC 85 170 :!, 23 v'.t '46 a =42e 40 80 Cliff Drive Meeting Room 85 170 C = ' =Z31 ?` °`46'a ;: 40 80 CYC Meeting Room 85 1701 _'° 23 ; ;• 9& ;c: ^1.. 40 80 Mariners VJC Room 85 170 aX` 23! ;> `46 '. a 40 80 OASIS Classrooms 85 170 40 80 WNCC Classrooms 85 170 !46ar' =? c ^^ 40 80 Balboa CC (Dance Room) 85 ._ .170 n ..: '46<? 40 80 Balboa CC (2 Rooms) 142 285 w: =40r ?•`80rf.° e: ;':` 75 150 City Council Chambers` 85 170 21:::', '_.46w`: ,:." .' 40 80 OASIS Multi - Purpose Rm. 170 340 45' -•:. ; "' :90 - 80 160 Cen. Library Friend's Rm. N/A N/A 45.' '.: 90r ". '. 80 160 Please Continue on Next Page 'Lights add $30 per field per hour. Field Prep adds $30 per field. SECURITY DEPOSITS Please Note: failure to properly clean up after a rental, damaging property, and other non- compliance with Facility Use Regulations are grounds for forfeiture of deposit. Rooms, Parks & Picnic Areas: Under 200 Attendance = $55 200+ Attendance = $110 Gymnasiums: $175 Oasis Multi- Purpose Room (No Alcohol): $175 Oasis Multi - Purpose Room (Alcohol to be served): $300 Central Library Friend's Meeting Room: $150 The Central Library Friends Meetinp Room is only available during normal Library hours. These are.Monday through Thursday 9:00 a.m. to 9:00 p.m. and Friday Et Saturday 9:00 a.m. to 6:00 o.m. $75 clean -up FEE for use of Friends Meeting Room if Kitchen is used or Food is served. $60 FEE for use of Public Address System at Friends Meeting Room. $75 non - refundable cleaning FEE at Oasis. Use of the Public Address system at Oasis must be negotiated with 'Friends of Oasis.' SET UP FEE for the Central Library Friends Meeting Room is $75 OASIS SENIOR CENTER: Rentals at this site must be approved by the Oasis Senior Recreation Manager. Certain additional restrictions may apply to use of the facility, which will need to be discussed with staff. For Information about this facility, please call (949) 644 -3244. . SPECIAL EVENT PERMITS Et INSURANCE: Some Events lY Activities may require a Special - Event Permit or Insurance. Please check with the Community Services Department! Use of Bounce Houses or other vendor,supplied play equipment requires the Providing Company to have City- approved Insurance Certificates on file. MAXIMUM OCCUPANCY OF PARKS 20 at Inspiration Point. 75 at Begonia, Cliff Drive, Ensign View, Galaxy View, Irvine Terrace East or West, Lookout Point, Spyglass Hill and Veteran's Memorial. 150 at Bonita Creek, Eastbluff, Grant Howald, Mariners, Peninsula Park, and San Miguel. MAXIMUM OCCUPANCY OF ROOMS 13 BUILDINGS 20 at Balboa C.C. small Mtg. Rm. and WNCC Rm. 6. 25 at Oasis Rm 5 and WNCC Rm. 1.- 30 at Oasis Rm. 4, Oasis Rm. 6, WNCC Rm. 3, and WNCC Rm. 5. 35 at Cliff Drive Meeting Room. 40 at Balboa C.C. Dance Room. 55 at Carroll Beek Meeting Room. 65 at Oasis Room 1 A /B. 66 at CYC Meeting Room. 70 at Bonita Creek Mtg. Rm., WNCC Rm. 2, and WNCC Rm. 4 (Dance Room). 80 at Mariners Meeting Room. 90 at City Council Chambers. 100 at Central Library Friends Meeting Room. 200 at Oasis Multi - purpose Room. (Valid from 7 -6 -2001) COMMERCIAL ROFITe :r PRIVATE Resident Non -Res. Resident _ Norr- Res;'- Resident Non -Res. GYMNASIUMS - Lincoln /WNCC 180 350 : 40 -. ZO:; . 55 100 BALL FIELDS - Bonita Crk Sports Cmplx' 170 340 ;' ;1 :i '- 34: -- :_. 23 46 Lincoln Athletic Field 170 340 17,h" ''34 "' • 23 46 Mariners Park 170 340 1Z °;'`.'34 23 46 Peninsula Park 170 340 r " : ;47�­ %:.3 '.'34 ' .. 9 23 46 'Lights add $30 per field per hour. Field Prep adds $30 per field. SECURITY DEPOSITS Please Note: failure to properly clean up after a rental, damaging property, and other non- compliance with Facility Use Regulations are grounds for forfeiture of deposit. Rooms, Parks & Picnic Areas: Under 200 Attendance = $55 200+ Attendance = $110 Gymnasiums: $175 Oasis Multi- Purpose Room (No Alcohol): $175 Oasis Multi - Purpose Room (Alcohol to be served): $300 Central Library Friend's Meeting Room: $150 The Central Library Friends Meetinp Room is only available during normal Library hours. These are.Monday through Thursday 9:00 a.m. to 9:00 p.m. and Friday Et Saturday 9:00 a.m. to 6:00 o.m. $75 clean -up FEE for use of Friends Meeting Room if Kitchen is used or Food is served. $60 FEE for use of Public Address System at Friends Meeting Room. $75 non - refundable cleaning FEE at Oasis. Use of the Public Address system at Oasis must be negotiated with 'Friends of Oasis.' SET UP FEE for the Central Library Friends Meeting Room is $75 OASIS SENIOR CENTER: Rentals at this site must be approved by the Oasis Senior Recreation Manager. Certain additional restrictions may apply to use of the facility, which will need to be discussed with staff. For Information about this facility, please call (949) 644 -3244. . SPECIAL EVENT PERMITS Et INSURANCE: Some Events lY Activities may require a Special - Event Permit or Insurance. Please check with the Community Services Department! Use of Bounce Houses or other vendor,supplied play equipment requires the Providing Company to have City- approved Insurance Certificates on file. MAXIMUM OCCUPANCY OF PARKS 20 at Inspiration Point. 75 at Begonia, Cliff Drive, Ensign View, Galaxy View, Irvine Terrace East or West, Lookout Point, Spyglass Hill and Veteran's Memorial. 150 at Bonita Creek, Eastbluff, Grant Howald, Mariners, Peninsula Park, and San Miguel. MAXIMUM OCCUPANCY OF ROOMS 13 BUILDINGS 20 at Balboa C.C. small Mtg. Rm. and WNCC Rm. 6. 25 at Oasis Rm 5 and WNCC Rm. 1.- 30 at Oasis Rm. 4, Oasis Rm. 6, WNCC Rm. 3, and WNCC Rm. 5. 35 at Cliff Drive Meeting Room. 40 at Balboa C.C. Dance Room. 55 at Carroll Beek Meeting Room. 65 at Oasis Room 1 A /B. 66 at CYC Meeting Room. 70 at Bonita Creek Mtg. Rm., WNCC Rm. 2, and WNCC Rm. 4 (Dance Room). 80 at Mariners Meeting Room. 90 at City Council Chambers. 100 at Central Library Friends Meeting Room. 200 at Oasis Multi - purpose Room. (Valid from 7 -6 -2001) CITY OF NEWPORT BEACH COMMUNITY SERVICES DEPARTMENT FACILITY USE REGULATIONS 1. Permission to use City facilities is granted subject to observance of regulations, and contracts may be revoked for any violation of these regulations. Users of the facility shall observe, obey and comply with all applicable City, County, State and Federal laws, rules and regulations. 2. Full payment of fees and deposits must be made at the time of reservation and must be made at least five working days in advance of the desired date. All applications for reservations shall be made on official forms provided by the Community Services Department. The person applying for the reservation must be present during the entire rental, including during the opening and closing of the facility. 3a. Cancellation of rentals by users for any facility other than multi - purpose rooms may occur seventy -two hours prior to the scheduled use and will be charged an $8 service fee. Cancellations with less than seventy -two hours notice will be charged a $30 cancellation fee. In the event of cancellation by the City, notice will be given as far in advance of the scheduled use as possible. 31b. Cancellation of rentals by users of the OASIS Senior Center multipurpose room that occur less than thirty days prior to the scheduled use of the facility will be charged 25% of the rental fee. Cancellations with less than seventy -two hours notice will be charged the entire rental fee. 4. Reservations may be made up to six months in advance. 5. Room, Park, Picnic Area and Field rentals with fewer than 200 persons require a $55.00 cleaning /security /compliance deposit. For events with an attendance of 200 or more, this deposit would be $110.00. All Gym and Oasis Multi- purpose Room rentals require a $175.00 cleaning /security /compliance deposit. When, in the opinion of the Community Services Director /City Librarian, activity conditions warrant the presence of security personnel, the cost of such service shall be borne by the renter. The City will contract with the security service vendor and the fee will be included when the reservation is made. 6. Alcoholic beverages are prohibited and shall not be permitted in or on a City facility, with the exception of wine and beer at the OASIS Senior Center multi - purpose room, or when requested and approved in writing by the Director. Rentals involving alcoholic beverages require a $300.00 damage and cleaning deposit. The City reserves the right to place restrictions on the use of alcoholic beverages in accordance with State Law and Department policy. No alcoholic beverages are permitted for activities expressly conducted for persons under the age of 21. 7. Food and refreshments, including alcoholic beverages, will be permitted only in certain designated areas as determined by the Director or a designated representative. 8. Any intended use of outside vendors such as bounce houses, entertainment and caterers must be disclosed in the application and if permitted shall comply with insurance procedures as outlined in City Council Policy 1 -25. 9. Facilities and equipment are to be left in the same condition as they were prior to the rental. The renter is responsible to pay for any damage to property or loss of property. A fee equal to total replacement cost will be charged. It shall be the responsibility of the renter to see that unauthorized portions of the facility are not used. Repeat reservations will be contingent upon care of the facility, property and equipment, and observance of all approved rules and regulations. 10. Floors and counter areas are to be cleaned of any debris, and all trash deposited in trash receptacles. If additional maintenance hours are required to restore a facility, or piece of equipment, to its original condition, the cost will be deducted from cleaning and damage deposits. 11. 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 renter to furnish a Certificate of Insurance naming the City of Newport Beach as additionally insured. The amount of the insurance shalt not be less than $1,000,000 per occurrence of commercial general liability insurance. 12. One adult for each twenty minors must supervise groups composed of minors at all tines. The rental contract must be completed and signed by one of the adults who will be attending and supervising the entire rental. 13. A City employee may be assigned to be present during the rental. The City employee shall be responsible for, and have complete authority over, the facility being rented, all equipment, participants and activities, and 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. The cost of this City,employee will be borne by the renter. 14. Any decorating or other alterations to any facility are subject to the approval and conditions of the Director. No structures 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 Community Services Department. All use of facilities shall comply with all State and local fire, health and safety laws. 15. Facilities shall not be used for purposes of advancing any doctrine or theory subversive under the Constitution of the United States. 16. No advertising shall be exhibited, no petitions circulated and no solicitation or sales made in public facilities or on public grounds without written approval from the Community Services Department. 17. Vehicles are not permitted on recreation grounds without written approval from the Community Services Department. 18. No gambling of any kind shall be conducted on, or in, City facilities, and the renter shalt insure that no profane language or other disorderly or unseemly conduct shall be allowed in any facility. 19. A contract may not be transferred, assigned or sublet. 20. Alt contracts will be issued for specific facilities and for specific hours, and the premises must be vacated as scheduled. 21. The use of public address sound equipment will be limited to that provided by the facility, unless written approval has been secured by the Community Services Department through a Special Event Permit. (Item 7) October 2, 2001 COMMUNITY SERVICES DEPARTMENT Arts rt Cultural - Library - Recreation - Seniors To: Parks, Beaches and Recreation Commission From: Recreation Activities Committee Re: Use at Lookout Point, Inspiration Point and Obstruction on Beach RECOMMENDATION Forward the following items to the City Council: a. Amend City Council Policy 1-4 — Commercial Uses in Public Parks to include the following (amended policy attached): Commercial uses of public park lands are not meant to limit availability to the public. Although some use by reservation may be desirable in remain to provide revenues to offset maintenance costs of the hakunre a park, commercial use shall be limited as provided below to minimize intrusion into public access. Use of caterers, party rental companies, professional party, event or wedding planners for private parties in public parks shall qualify as commercial use and are subiect to commercial use fees. subsection E. b. Provide an addition to Municipal Code 11.08 that specifically addresses the continuing use of the public beaches for Large catered / professionally planned events such as reunions, weddings, memorials and other ceremonies. This addition would include the following restrictions: Groups are not permitted to reserve areas of the public beach using any of the following methods; roped off areas, installation of rental chairs, putting an archway, gazebo or stage on the beach, or any other method that would prohibit beach users from using any area of the beach for any prescribed length of time. c. In order to ensure the enforcement of these codes and other park use regulations, forward to the City Council the request for development of a Park Ranger position, or similar staff, to be trained to monitor code violations to Titles 5 and 11 and educate the public on proper park usage. This would be a part-time position on weekends and peak hours only. Funds for this position could be offset through increased rental fees, and facility deposits that are retained for non - compliance. Direct staff to implement the following changes starting January 1, 2002. d. Limit the number of park /picnic rentals at Lookout Point and Inspiration Point to 6 per month with no rentals permitted from Memorial Day Weekend through Labor Day weekend. Change the maximum number of participants for reservations at Lookout Point to 20. e. Develop a public education program and signage where appropriate to inform residents and park users of new regulations Use at Lookout Point, Inspiration Point and Obstruction on Beach Page 2 BACKGROUND Because these areas are in the coastal zone,,,it is necessary to guarantee access to those public areas. As usage by groups events increased and the popularity of certain locations precluded the casual park user, the Recreation Activities Committee began reviewing issues relative to the following areas: • Excessive reservations in Lookout and Inspiration Points which limit public access to these areas. • Increasing use of the beaches and parks by large groups using commercial set -ups. • The increasing need to have some enforcement support for abuse of park rules and regulations The issue of caterers on the beach was discussed. However, that issue is adequately addressed in Municipal Code 5.11.040. On July 30, 2001, the Recreation Activities Committee met to discuss these issues with Fire Department staff and concerned residents. The above recommendations were discussed with City Attorney's office. Recommended changes to the Municipal Code should be forwarded to the City Attorney for finalization and presentation to the City Council. Attachments: 1. Council Policy 1 -4 with proposed changes 2. Municipal Code 11.08.010 3. Park & Facility Rental Policy Flyer 1 -4 COMMERCIAL USES IN PUBLIC PARKS Commercial uses of public park lands are not meant to limit availability to the public. Although some use by reservation may be desirable in reFtai^ c4remstanGes to provide revenues to offset maintenance costs of the ha:a ;ec a park, commercial use shall be limited as provided below to minimize intrusion into public access. use fees. If practical and feasible, consideration could be given to use of segments of various public parks for commercial development on a revenue - producing basis. Commercial developments, as approved by City Council, may include, but not be limited to, restaurants, equipment rentals, food concessions, tennis center, pro shops, etc. Each proposed commercial use would be carefully studied and judged on the merits of the individual case, as recommended by the Parks, Beaches and Recreation Commission, and approved by the City Council. Adopted - May 12, 1975 Reaffirmed - January 24, 1994 Formerly 1 -16 11.08.010 Obstructions on Public Beaches Prohibited. Page 1 of 1 Title 11 RECREATIONAL ACTIVITIES` Chapter 11.08 CONDUCT ON BEACHES AND PIERS* 11.08.010 Obstructions on Public Beaches Prohibited. No person shall install, erect, or place any sign, recreational equipment (such as volleyball or badminton pole/net, portable play apparatus, and trampoline), fence, fire pit or barbecue, or similar encroachment on any public bay beach, ocean beach, tideland or park unless authorized or permitted to do so by formal action of the City Council, the written consent of the City Manager, or the provisions of this Code. The provisions of this section shall not prohibit the placement of beach umbrellas, sunscreens, shades or similar objects in conjunction with the daytime use of any ocean beach, bay beach or tideland. (Ord. 99-23 § 1, 1999) http: / /ordlink. corn /codeslnewportb /_DATAI TITLEl lIChapter_11_08_CONDUCT_ON_E.. 09/27/2001 RESTRICTIONS: The City does not issue rentals on the holidays of Christmas Eve, Christmas Day, Easter, President's Day, Independence Day, Labor Day, Memorial Day, News. Years Eve, New Years Day, Thanksgiving and Veteran's Day. Park nnri Ririldino RPcPrVAtinnS must he made a minimum of 5 working days in advance of PICNIC RENTALS: Only 2 Picnic Tables are included with any reservation! Rentals Do NOT INCLUDE exclusive use of public park areas or playgrounds. Picnic Rentals are for groups of up to 35 persons, larger groups must reserve and pay for both Picnic and Park areas! FEE SCHEDULE (Rates are hourly, 2 -hour minimum) COMMERCIAL NON- PROFIT PRIVATE City of Newport Beach -" Community Services Department PARK 8 PICNIC AREAS 3300 Newport Blvd, P.O. Box 1768 Newport Beach, CA. 92658 - -8915 Park 8: Picnic Areas Phone: (949) 644 3151 FAX: (949) 644-3155 14 28' 17 34 Peninsula Park Gazebo Park £t Facility Rentals i,� Note: All Rentals are governed by City Policies 1 21 and 1= Balboa CC (Small Room) 25. Security /Compliance deposits are required for all 170 public rentals. RESTRICTIONS: The City does not issue rentals on the holidays of Christmas Eve, Christmas Day, Easter, President's Day, Independence Day, Labor Day, Memorial Day, News. Years Eve, New Years Day, Thanksgiving and Veteran's Day. Park nnri Ririldino RPcPrVAtinnS must he made a minimum of 5 working days in advance of PICNIC RENTALS: Only 2 Picnic Tables are included with any reservation! Rentals Do NOT INCLUDE exclusive use of public park areas or playgrounds. Picnic Rentals are for groups of up to 35 persons, larger groups must reserve and pay for both Picnic and Park areas! FEE SCHEDULE (Rates are hourly, 2 -hour minimum) COMMERCIAL NON- PROFIT PRIVATE ELECTRICITY is available only at Peninsula Park Gazebo for a $10 per hour charge. RESERVABLE PICNIC AREAS are located at the following Parks: Arroyo, Begonia, Bonita Creek, Cliff Drive, Eastbluff, Grant Howald, Irvine Terrace East, Irvine Terrace West, Mariners, Peninsula, San Miguel, Et Veterans Memorial. BOUNCE - HOUSES and similar activities can only be accommodated at Bonita Creek, Eastbluff, Grant Howald, Mariners, Peninsula, San Miguel, and Veteran's Memorial! During the Summer Months of June, July 8 August Bounce Houses can not be used at Peninsula. WEDDING CEREMONIES can be accommodated at many City of Newport Beach Parks. Please call for information. Resident Non -Res. Resident Non-Res. Resident Non -Res. PARK 8 PICNIC AREAS - Non -Res. Park 8: Picnic Areas 170 340 14 28' 17 34 Peninsula Park Gazebo 170 340 14 28 17 34 ELECTRICITY is available only at Peninsula Park Gazebo for a $10 per hour charge. RESERVABLE PICNIC AREAS are located at the following Parks: Arroyo, Begonia, Bonita Creek, Cliff Drive, Eastbluff, Grant Howald, Irvine Terrace East, Irvine Terrace West, Mariners, Peninsula, San Miguel, Et Veterans Memorial. BOUNCE - HOUSES and similar activities can only be accommodated at Bonita Creek, Eastbluff, Grant Howald, Mariners, Peninsula, San Miguel, and Veteran's Memorial! During the Summer Months of June, July 8 August Bounce Houses can not be used at Peninsula. WEDDING CEREMONIES can be accommodated at many City of Newport Beach Parks. Please call for information. Please Continue on Next Page Resident Non -Res. Resident . Non'- Res'.: Resident Non -Res. MEETING ROOMS Balboa CC (Small Room) 85 170 21 46,:' 40 80 Bonita Creek CC 85 170 23'.: -: 46 '_1 1 40 80 Carroll Beek CC 85 170 " 23. 46::...: 40 80 Cliff Drive Meeting Room 85 170 23 :6 `� - . _- 40 80 CYC Meeting Room 85 170 23..:. 46''... 40 80 Mariners VJC Room 85 170 23 .: .46,1­ 80 OASIS Classrooms 85 170 23r _ .46� - .' = 40 8o WNCC Classrooms 85 170 •23 46.? '. ' 40 80 Balboa CC (Dance Room) 85 170 -23' ,46' .'^ 40 80 Balboa CC (2 Rooms) 142 285 40 • 80 .. °' 75 150 City Council Chambers' 85 170 23 46- 40 80 OASIS Multi - Purpose Rm. 170 340 45 90: 80 160 Cen. Library. Friend's Rm. N/A N/A 45 .90 80 160 Please Continue on Next Page 'Lights add $30 per field per hour. Field Prep adds $30 per field. SECURITY DEPOSITS Please Note: failure to properly clean up after a rental, damaging property, and other non- compliance with Facility Use Regulations are grounds for forfeiture of deposit. Rooms, Parks It Picnic Areas: Under 200 Attendance = $55 200+ Attendance = $110 Gymnasiums: $175 Oasis Multi- Purpose Room (No Alcohol): $175 Oasis Multi - Purpose Room (Alcohol to be served): $300 Central Library Friend's Meeting Room- $150 The Central Library Friends Meeting Room is only available during normal Library hours. These are Monday through Thursday 9:00 a.m. to 9:00 p.m. and Friday Et Saturday 9:00 a.m. to 6:00 p.m. $75 clean -up FEE for use of Friends Meeting Room if Kitchen is used or Food is served. $60 FEE for use of Public Address System at Friends Meeting Room. $75 non - refundable cleaning FEE at Oasis. Use of the Public Address system at Oasis must be negotiated with 'Friends of Oasis.' SET UP FEE for the Central Library Friends Meeting Room is $75 OASIS SENIOR CENTER: Rentals at this site must be approved by the Oasis Senior Recreation Manager. Certain additional restrictions may apply to use of the facility, which will need to be discussed with staff. For Information about this facility, please call (949) 644 -3244. SPECIAL EVENT PERMITS Et INSURANCE: Some Events 8 Activities may require a Special - Event Permit or Insurance. Please check with the Community Services Department! Use of Bounce Houses or other vendor' supplied play equipment requires the Providing Company to have City- approved Insurance Certificates on file. MAXIMUM OCCUPANCY OF PARKS 20 at Inspiration Point. 75 at Begonia, Cliff Drive, Ensign View, Galaxy View, Irvine Terrace East or West, Lookout Point, Spyglass Hill and Veteran's Memorial. 150 at Bonita Creek, Eastbluff, Grant Howald, Mariners, Peninsula Park, and San Miguel. MAXIMUM OCCUPANCY OF ROOMS tY BUILDINGS 20 at Balboa C.C. small Mtg. Rm. and WNCC Rm. 6. 25 at Oasis Rm 5 and WNCC Rm. 1. 30 at Oasis Rm. 4, Oasis Rm. 6, WNCC Rm. 3, and WNCC Rm. 5. 35 at Cliff Drive Meeting Room. 40 at Balboa C.C. Dance Room. 55 at Carroll Beek Meeting Room. 65 at Oasis Room 1 A /B. 66 at CYC Meeting Room. 70 at Bonita Creek Mtg. Rm., WNCC Rm. 2, and WNCC Rm. 4 (Dance Room). 80 at Mariners Meeting Room. 90 at City Council Chambers. 100 at Central Library Friends Meeting Room. 200 at Oasis Multi - purpose Room. (Valid from 7 -6 -2001) COMMERCIAL NON - PROFITS i ' • . '<3 PRIVATE Resident Non -Res. `'Resident • ` Nori- Res.. ;: Resident Non -Res. GYMNASIUMS Lincoln / WNCC 180 350 40 -- -:70 55 100 BALL FIELDS Bonita Crk Sports Cmptx' 170 340 1T',i,� ± ; 34 23 46 Lincoln Athletic Field 170 340 17 `' _ .; 34 23 46 Mariners Park 170 340 17,: 34 23 46 Peninsula Park 170 340 17'`' '34 23 46 'Lights add $30 per field per hour. Field Prep adds $30 per field. SECURITY DEPOSITS Please Note: failure to properly clean up after a rental, damaging property, and other non- compliance with Facility Use Regulations are grounds for forfeiture of deposit. Rooms, Parks It Picnic Areas: Under 200 Attendance = $55 200+ Attendance = $110 Gymnasiums: $175 Oasis Multi- Purpose Room (No Alcohol): $175 Oasis Multi - Purpose Room (Alcohol to be served): $300 Central Library Friend's Meeting Room- $150 The Central Library Friends Meeting Room is only available during normal Library hours. These are Monday through Thursday 9:00 a.m. to 9:00 p.m. and Friday Et Saturday 9:00 a.m. to 6:00 p.m. $75 clean -up FEE for use of Friends Meeting Room if Kitchen is used or Food is served. $60 FEE for use of Public Address System at Friends Meeting Room. $75 non - refundable cleaning FEE at Oasis. Use of the Public Address system at Oasis must be negotiated with 'Friends of Oasis.' SET UP FEE for the Central Library Friends Meeting Room is $75 OASIS SENIOR CENTER: Rentals at this site must be approved by the Oasis Senior Recreation Manager. Certain additional restrictions may apply to use of the facility, which will need to be discussed with staff. For Information about this facility, please call (949) 644 -3244. SPECIAL EVENT PERMITS Et INSURANCE: Some Events 8 Activities may require a Special - Event Permit or Insurance. Please check with the Community Services Department! Use of Bounce Houses or other vendor' supplied play equipment requires the Providing Company to have City- approved Insurance Certificates on file. MAXIMUM OCCUPANCY OF PARKS 20 at Inspiration Point. 75 at Begonia, Cliff Drive, Ensign View, Galaxy View, Irvine Terrace East or West, Lookout Point, Spyglass Hill and Veteran's Memorial. 150 at Bonita Creek, Eastbluff, Grant Howald, Mariners, Peninsula Park, and San Miguel. MAXIMUM OCCUPANCY OF ROOMS tY BUILDINGS 20 at Balboa C.C. small Mtg. Rm. and WNCC Rm. 6. 25 at Oasis Rm 5 and WNCC Rm. 1. 30 at Oasis Rm. 4, Oasis Rm. 6, WNCC Rm. 3, and WNCC Rm. 5. 35 at Cliff Drive Meeting Room. 40 at Balboa C.C. Dance Room. 55 at Carroll Beek Meeting Room. 65 at Oasis Room 1 A /B. 66 at CYC Meeting Room. 70 at Bonita Creek Mtg. Rm., WNCC Rm. 2, and WNCC Rm. 4 (Dance Room). 80 at Mariners Meeting Room. 90 at City Council Chambers. 100 at Central Library Friends Meeting Room. 200 at Oasis Multi - purpose Room. (Valid from 7 -6 -2001) CITY OF NEWPORT BEACH COMMUNITY SERVICES DEPARTMENT FACILITY USE REGULATIONS 1. Permission to use City facilities is granted subject to observance of regulations, and contracts may be revoked for any violation of these regulations. Users of the facility shall observe, obey and comply with all applicable City, County, State and Federal laws, rules and regulations. 2. Full payment of fees and deposits must be made at the time of reservation and must be made at least five working days in advance of the desired date. All applications for reservations shall be made on official forms provided by the Community Services Department. The person applying for the reservation must be present during the entire rental, including during the opening and closing of the facility. 3a. Cancellation of rentals by users for any facility other than multipurpose rooms may occur seventy -two hours prior to the scheduled use and will be charged an $8 service fee. Cancellations with less than seventy -two hours notice will be charged a $30 cancellation fee. In the event of cancellation by the City, notice will be given as far in advance of the scheduled use as possible. 3b. Cancellation of rentals by users of the OASIS Senior Center multi - purpose room that occur less than thirty days prior to the scheduled use of the facility will be charged 25% of the rental fee. Cancellations with less than seventy -two hours notice will be charged the entire rental fee. 4. Reservations may be made up to six months in advance. 5. Room, Park, Picnic Area and Field rentals with fewer than 200 persons require a $55.00 cleaning /security /compliance deposit. For events with an attendance of 200 or more, this deposit would be $110.00. All Gym and Oasis Multi - purpose Room rentals require a $175.00 cleaning /security /compliance deposit. When, in the opinion of the Community Services Director /City Librarian, activity conditions warrant the presence of security personnel, the cost of such service shall be borne by the renter. The City will contract with the security service vendor and the fee will be included when the reservation is made. 6. Alcoholic beverages are prohibited and shall not be permitted in or on a City facility, with the exception of wine and beer at the OASIS Senior Center multi- purpose room, or when requested and approved in writing by the Director. Rentals involving alcoholic beverages require a $300.00 damage and cleaning deposit. The City reserves the right to place restrictions on the use of alcoholic beverages in accordance with State Law and Department policy. No alcoholic beverages are permitted for activities expressly conducted for persons under the age of 21. 7. Food and refreshments, including alcoholic beverages, will be permitted only in certain designated areas as determined by the Director or a designated representative. 8. Any intended use of outside vendors such as bounce houses, entertainment and caterers must be disclosed in the application and if permitted shall comply with insurance procedures as outlined in City Council Policy 1.25. 9. Facilities and equipment are to be left in the same condition as they were prior to the rental. The renter is responsible to pay for any damage to property or loss of property. A fee equal to total replacement cost will be charged. It shall be the responsibility of the renter to see that unauthorized portions of the facility are not used. Repeat reservations will be contingent upon care of the facility, property and equipment, and observance of all approved rules and regulations. 10. Floors and counter areas are to be cleaned of any debris, and all trash deposited in trash receptacles. If additional maintenance hours are required to restore a facility, or piece of equipment, to its original condition, the cost will be deducted from cleaning and damage deposits. 11. 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 renter to furnish a Certificate of Insurance naming the City of Newport Beach as additionally insured. The amount of the insurance shall not be less than $1,000,000 per occurrence of commercial general liability insurance. 12. One adult for each twenty minors must supervise groups composed of minors at all times. The rental contract must be completed and signed by one of the adults who will be attending and supervising the entire rental. 13. A City employee may be assigned to be present during the rental. The City employee shall be responsible for, and have complete authority over, the facility being rented, all equipment, participants and activities, and shall have the authority to request changes in activities, or cessation of s) activities, and the group using the facility must comply with these requests or instructions. The cost of this City. employee will be borne by the renter. 14. Any decorating or other alterations to any facility are subject to the approval and conditions of the Director. No structures 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 Community Services Department. All use of facilities shall comply with all State and local fire, health and safety laws. 15. Facilities shall not be used for purposes of advancing any doctrine or theory subversive under the Constitution of the United States. 16. No advertising shall be exhibited, no petitions circulated and no solicitation or sales made in public facilities'or on public grounds without written approval from the Community Services Department. 17. Vehicles are not permitted on recreation grounds without written approval from the Community Services Department. 18. No gambling of any kind shall be conducted on, or in, City facilities, and the renter shall insure that no profane language or other disorderly or unseemly conduct shall be allowed in any facility. 19. A contract may not be transferred, assigned or sublet. 20. All contracts will be issued for specific facilities and for specific hours, and the premises must be vacated as scheduled. 21. The use of public address sound equipment will be limited to that provided by the facility, unless written approval has been secured by the Community Services Department through a Special Event Permit. (Item 7) February 5, 2002 COMMUNITY SERVICES DEPARTMENT Arts @ Cultural - Library - Recreation - Seniors To: Parks, Beaches and Recreation Commission From: LaDonna Kienitz, Community Services Director /City Librarian Andrea McGuire, Recreation Superintendent Re: Maximizing Public Access to City Parks RECOMMENDATION Approve the proposed new City Policy and forward to City Council for approval. City Council Policy 1- _ — Maximizing Public Access to City Parks The purpose of this policy is to maximize access for the general public to the parks of the City Of Newport Beach. As steward of the coastal parks and beaches, the City Council establishes the following guidelines for reserved use of those City parks in high traffic areas: 1. Reservations for the use of Inspiration Point, Lookout Point, and Peninsula Park shall be permitted only during the non -peak tourist season, specifically the period after the Labor Day weekend in September to, but not including, Memorial Day weekend in May: 2. Groups of more than 20 attendees or participants may not reserve the following view parks at any time: Ensign View Park Galaxy View Park Inspiration Point Lookout Point 3. Reservations for use of City park areas can only be made through the City, with payment fees established by resolution of the City Council. 4. The City Of Newport Beach will undertake a program of education for the public of the rules and regulations for the use of all City parks, especially those of high use and during the peak summer season. This may be undertaken with a non -code enforcement position of a 'Park Ambassador." 5. Exceptions to this policy shall only be events co- sponsored by the City of Newport Beach, such as the Corona del Mar 5K Race, and for events at Peninsula Park or Galaxy View Park approved through the Special Event Permit process. BACKGROUND The City has the responsibility to provide public access to public areas in the coastal zone. As both the popularity of certain parks in high traffic areas increased and requests to reserve these parks increased, access and enjoyment of the parks by the general public decreased. The Parks, Beaches and Recreation Commission, with input from local residents, reviewed these issues: • Excessive reservations for the use of both Lookout Point and Inspiration Point Parks has seriously limited public access to those areas. A limitation on reservations to use Peninsula Park during the summer months already exists. • There is a need to limit the number of participants for reserved use of Ensign View Park, Galaxy View Park, Inspiration Point, Lookout Point because the size and /or parking availability of these parks is not sufficient to accommodate larger parties and severely restricts access to the general public. Maximizing Public Access to City Parks Page 2 On July 30, 2001, the Recreation Activities Committee of the Commission met with Fire Department staff and concerned resident to discuss these issues. On September 19 and again on October 22, 2001, the Committee addressed these issues and heard public testimony. The Committee forwarded recommendations to the Commission for the November 6, 2001 meeting. At that time, the Commission directed staff to review again how these specific sites can best be administered to maximize public access. Following the Commission meeting on November 6, 2001, staff developed the proposed policy approaching the issue in the positive aspect of maximizing the public access to these highly used and extremely popular sites. If approved by the Commission, the polity would be forwarded to City Council for their approval.