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HomeMy WebLinkAbout07 - Proposed Ordinance Allowing Overnight Vessel Storage on BeachesItem No. 7 March 8, 1999 COMMUNITY SERVICES DEPARTMENT Arts & Cultural - Library - Recreation - Seniors To: Mayor and Members of City Council From: LaDonna Kienitz, Community Services Director /City Librarian Re: Proposed Ordinance Allowing Overnight Vessel Storage on Beaches RECOMMENDED ACTION 1. Introduce Ordinance 99 -_ and pass to second reading on March 22, 1999. 2. On March 22, 1999, approve Vessel Storage Agreement for Imua Outrigger Club. BACKGROUND On August 10, 1998, the City Council discussed an agenda item relating to the Imua Outrigger Canoe Club and its continued presence on North Star Beach in the Upper Newport Bay. After discussing various alternate locations for the Imua club, the City Council agreed to allow Imua to stay at North Star Beach and directed City Staff, by unanimous vote, to pursue two actions to help make Imua a "better neighbor" both to the Newport Aquatic Center (NAC) and the residents of nearby Dover Shores. These actions included the (1) development of a Vessel Storage Agreement for Imua; and (2) an amendment to Newport Beach Municipal Code section 17.16.021 that would permit Imua to store its outrigger canoes overnight on the public beach at North Star. For additional information regarding the Council action of August 10, 1998, see Attachment C (Agenda Item 10, August 10, 1998). DISCUSSION As currently written, NBMC §17.16.021 reads as follows: 17.16.021 Vessel or Trailer Storage on Beaches Prohibited. No person shall store any vessel, watercraft, or trailer, on any public beach in the City. In order to allow Imua to store its outrigger canoes overnight on North Star Beach, as directed by the City Council, City staff proposes that NBMC §17.16.021 be amended to read as attached. See Attachment A. Curtis Fossum, State Lands Commission reviewed documents and all suggestions made were incorporated. The Vessel Storage Agreement, Attachment B, takes into account all the findings of the Municipal Code, as amended. ATTACHMENTS: Attachment A — Proposed Ordinance 99 -_ relating to overnight vessel storage on beaches. Attachment B — Proposed Vessel Storage Agreement for Imua Outrigger Canoe Club Attachment C — Staff Report from August 10, 1998 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 17.16.021 OF CHAPTER 17.16 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO VESSEL OR TRAILER STORAGE ON BEACHES The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 17.16.021 of the Newport Beach Municipal Code, Title 17, Chapter 17.16, is amended as follows: "17.16.021 NBMC Vessel or Trailer Storage on Beaches Prohibited - Exceptions. No person shall store any vessel, watercraft, trailer or other similar obiect on any public beach in the City except as provided in Subsection A. As used in this section, the term "store" shall mean to leave or permit to remain unattended for an extended period of time and not in the possession or control of the owner or user. A. Vessels, watercraft and equipment directly related to the use of the vessel or watercraft (related equipment) may be stored on a public beach as follows: 1. Any vessel(s), watercraft and /or related equipment owned and maintained by the City or its subcontractors which is (are) used in conjunction with recreation programs offered by the City; 2. Any vessel(s), watercraft and /or related equipment that can not feasibly be berthed or moored at a privately owned vier or mooring and is (are) used by a non - profit corporation for non - commercial purposes provided a Vessel Storage Agreement has been approved by the City Council. Vessel Storage Agreements shall be approved only if there is substantial 1 evidence that the Agreement would not adversely affect the health, safety, or welfare of those who use, enjoy or own property near the waters of Newport Bay. Vessel Storage Agreements are subiect to the following standard conditions as well as any additional conditions imposed by the City Council: (a) The Licensee shall not cause or permit any unreasonable noise that would adversely affect the use or enjoyment of public or private property in the vicinity of the vessel. watercraft or equipment; (b) The Licensee shall not engage in, or permit, any activity that unreasonably interferes with the use of the beach or adjoining waters bathe public; (c) The Licensee shall not cause or permit any activity that pollutes any public or private property of the waters of Newport Bay: (d) The Agreement may be revoked by City, without cause, at any time upon thirty (30) days written notice to the Licensee. 3. Any vessel for which a mooring permit has been issued by the City pursuant to Chapter 17.22 provided the vessel remains on the beach only to the extent necessary to load or unload." (Ord. 1436 §1, 1972; Ord. 1390 §2, 1971) SECTION 2: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, sub - sections, sentences, clauses and phrases be declared unconstitutional. 2 SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 1999, and adopted on the day of , 1999, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F:\ CaAShared\Ordinance WesselStorage 17 -16 -021 Amend. doc 3 VESSEL STORAGE AGREEMENT This Vessel Storage Agreement made and entered into this _ day of 1999, by and between the City of Newport Beach, a Municipal corporation (hereinafter referred to as "CITY "), and Imua Outrigger Canoe Club (hereinafter referred to as "CLUB'), is made with reference to the following: RECITALS A. The CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as is now being conducted under the statutes of the State of California and Charter of the CITY. B. CLUB is a well known non - profit outrigger canoe club which has existed and flourished in the CITY for many years. They have used and launched from many different CITY locations and have conducted themselves without significant problems or impact to the health, safety or welfare of those who use the public beaches or the surrounding residents. C. CLUB has made diligent good faith efforts to store their canoes and equipment at other sites throughout the CITY but to no avail. D. The CITY and CLUB agree that there is substantial evidence that there will be no adverse effect on the health, safety or welfare of those who use, enjoy or own property near the waters of Newport Bay, based upon the terms and conditions set forth in this Agreement. E. The CITY and CLUB desire to enter into an Vessel Storage Agreement for the public beach at North Star Beach, next to the Newport Aquatic Center ( "NAC "), upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties, as follows: 1. Term The term of this Agreement shall be effective from November 1 st of each year to October 31st and shall be automatically renewed unless either party notifies the other, in writing, by September 30th of the current contract year. 2. Parking A. CLUB members shall use their best efforts to "shuttle" to North Star Beach using the Westcliff Park parking lot or locations on Polaris Drive. When CLUB members use the North Star Beach parking lot, they shall use only the designated 1 of 5 "public" spaces and only during posted hours of operation. At no time shall CLUB participants park on North Star, Morning Star, or Evening Star lanes. B. At no time shall CLUB members drive upon or park upon the sand southerly of the NAC parking lot. CLUB members must carry the outrigger canoes to the canoes' storage area. 3. Hours of Use A. CLUB's "primary use hours" shall be between 5:30 p.m. and dusk on weekdays and between 8:00 a.m. and 1:00 p.m. on weekends. B. If CLUB wishes to change its primary use hours, it must seek and obtain written permission from the Department of Community Services. C. "Primary Use Hours" is defined as the time period within which two (2) or more 6- person outriggers are in use by CLUB members. 4. Beach Storage /Maintenance A. During the term of this Agreement, CLUB may store up to 5 6- person outriggers, 6 1- person outriggers, and two lengths of hose on the sand at North Star Beach February 15 through October 31. If CLUB is teaching outrigger classes for the CITY (per 713), it may store up to three canoes on North Star Beach between October 31 and February 14. B. CLUB shall not store any material not described in A, including tools, boxes, and trailers, on the sand /beach at North Star Beach. C. Outrigger canoes described in 4A shall not be stored less than 180' from the edge of the parking lot at the Newport Aquatic Center. D. With permission of NAC, CLUB may utilize the water connection and /or spigot at the NAC to wash /rinse the outriggers. Per 4E, CLUB must re -rack the hose when not in use. E. CLUB shall make its "best efforts" to maintain the sand /beach area around its outrigger storage area in as clean and as "pristine" an environment as possible at all times. F. CLUB shall operate and store its outriggers in a manner that does not impede the work of the CITY's General Services Department when General Services must either maintain the beach, maintain any debris booms in the area, or restore sand after storms. 2 of 5 5. Outrigger Maintenance A. No maintenance involving materials toxic or harmful to the Bay or wildlife shall be performed on the beach. All fiberglass repair, painting, sealing, and similar activities shall be done off -site to avoid any adverse environmental impact. 6. Good Neighbor Policy A. Upon request of the Dover Shores HOA or the NAC Executive Director, CLUB shall make its "best efforts" to designate a CLUB member to attend any meeting called by the HOA or the NAC to discuss an activity or concern relating to CLUB's presence at North Star Beach. B. CLUB shall notify the Department of Community Services in writing at least ninety (90) days before any extraordinary event sponsored or supported by CLUB that may impact the beach, parking lot, or Polaris Drive and obtain all necessary and required permits for such extraordinary events. 7. Canoeing Classes A. Given NAC's role and use permit, the CITY shall use the NAC as the primary provider of outrigger canoe classes for adults, juniors, and children. The CITY may use CLUB as a secondary provider of outrigger canoe classes for adults. B. In the event that the NAC chooses not to provide outrigger canoe classes during any class term, the CITY shall so notify CLUB in writing not less than four (4) months prior to a new term. If CLUB seeks to provide these classes upon notice by the CITY, CLUB shall provide them according to procedures defined by the Department of Community Services. If CLUB provides outrigger classes in the winter, this Agreement authorizes them to store up to three canoes at North Star year 'round. 8. Indemnification and Insurance A. CLUB shall maintain at least $1 (one) million in Commercial General Liability combined single limit per occurrence insurance during the term of this Agreement. B. CLUB's insurance policies shall include the City and N.A.C. as an "additional insured" for General Liability. CLUB shall furnish CITY with certificates of insurance showing the type, amounts, class of operations coverage, effective dates and date of expiration of insurance coverage. Such certificates, which do not limit CLUB's indemnifications, shall also contain substantially the following statement: "Should any of the above insurance covered by this Certificate be canceled or coverage reduced before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days advanced notice to the City of Newport Beach, by certified mail, to: Attn: Recreation Manager." It is further agreed that CLUB shall maintain in force at all times during this Agreement all appropriate coverage of insurance required by this Agreement 3 of 5 q with an insurance company that is acceptable to CITY and licensed to do insurance business in the State of California. C. CLUB shall indemnify, defend and hold harmless the CITY, its officers, employees and agents, with respect to any loss, liability, injury or damage that arises out of, or is in any way related to, the acts or omissions of CLUB, its employees, officers and agents in the performance of any activity, function or duty authorized by, or required under the terms of this agreement. CLUB shall not be required to indemnify the CITY in connection with the sole negligence or willful acts or omissions of the CITY, its officer, agents or employees. D. CLUB shall properly insure for loss or damage to outriggers stored at North Star Beach under the terms of this agreement. 9. Violations of Operating_Aareement A. The Agreement may be revoked by the CITY, without cause, at any time, upon thirty (30) days written notice to the CLUB. 10. Prohibition Against Transfers CLUB shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly, or indirectly, by operation of law or otherwise. Any attempts to do so without consent shall be null and void, and any assignee, sublessee, hypothecate, or transfer use shall acquire no right or interest by reason of such attempt at assignment, sublease, hypothecation or transfer. 11. Permits and Licenses CLUB, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with this Agreement. 12. Compliances CLUB shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by the CITY. 13. Waiver A waiver by the CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 4 of 5 �O 14. Advertisement CLUB shall not post, exhibit, display, or allow to be posted, exhibited or displayed, any signs, advertising, showbills, lithographs, posters, or cards of any kind pertaining to this Agreement unless prior written approval has been secured from the CITY to do otherwise. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be executed on the day and year first above written. Dated: 1999 NEWPORT BEACH In Dennis O'Neil Mayor Dated: . 1999 IMUA OUTRIGGER CANOE CLUB 0 APPROVED AS TO FORM: In City Attorney LaVonne Harkless City Clerk F:\Cat\Shared\Ag\lmua\UseAgrTntO22499.doc By: Its: 5of5 I1 CURRENT BUSINESS Newport Beach City Council AGENDA ITEM 17 --A August 10, 1998 Council Meeting AFPPCI'ED 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 Imua 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 83 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 injury /property 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 13 Agenda Item _ Page 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 14- 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 forwashdowns. 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 181" 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 18`" 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 18'h Street Beach, the West Lido Island Bridge Beach, the DeAnza Commercial Property (west of Newport Dunes), and the beach at 10" 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, [ mua's members enter and use the NAC parking tot. 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 moming noise and parking. Several other organizations — both non-profit and ,f Agenda Item Page 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 18'h 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 181" 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 PSBR Action At the PBBR 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 ACTIONS /HISTORY: • 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°i 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 staff's clarification of the motion approved by the PB &R Commission on August 4, 1996. They are not intended to change the intent of the Commission's recommendation to Council. ATTACHMENTS: Attachment A —1986 City -Imua Agreement for 18°i 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) II AGENDA ITEM NO. F- CITY OF NEWPORT BEACH Marine Department May 26, 1986 —.11011`. 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. 5. That the club canoes be stored at a location adjacent to the Marina Trailer Park at 18th Street end. 6. That the club be prohi.bited.from working out prior to 7 A.M. and after 9 P.M. 7. That only four (4) canoes and one 0) storage box are allowed on the beach B. That club members attempt to pork 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. l Till _fJ,-Icon ,C.'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 Bay 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 Conditigns of approval. In the future all rowing type activities will be relocated to North Star beach, particularly after January 1, 1987. David Harshbarger Directtoor, /Marine Department Tony Me m( Tidelands Administrator .. T14 _n1 _1 OCJ • G - '0 16t A, AA)Z, %,� "wt P, Item No. 11 CITY OF NE'r1PORT BEACH Parks, Beaches and Recreation Depart.-nent 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 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 2D 11 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 ll, :12 and ,13 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. I r`< Deven /r•� cl; of Newport Beach COMM T'i SESCICES December 20, 1996 Joline Esparza, President Bruce Ibbetson, Treasurer Newport Aquatic Center One Whitecliffs Drive Newport Beach, CA. 92660 Dear ivis. 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). 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