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HomeMy WebLinkAbout01-03-1984 - AgendaCITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION COMMISSION • REGULAR MEETING HELD TUESDAY, JANUARY 3, 1984 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA I. PROCEDURAL MATTERS 1. Call to Order 2. Roll Call 3. Approval of Minutes - Meeting of December 6, 1983 4. Adoption of Agenda II— SPECIAL ITEM 5. Joint Meeting with Recreation Division Staff III. ACTION ITEMS 6. Council Policy I -5 (Report Attached) 7. Sandcastle Trees (Report Attached) 8. Spyglass Ridge Community Association (Communication and Letters Attached)' 9. Capital Improvement Proposals 1984 -85 (Report Attached) IV. DISCUSSION ITEMS 10.. 1984 -85 M &O Budget Committee V. INFORMATION REPORTS 11. Recreation Divitton (Report Attached) 12. Park and Street Tree Division (Report Attached) VI. SPECIAL, URGENT OR LAST MINUTE ITEMS VII. ADJOURNMENT • •Motion Seconded Ayes Motion Seconded Ayes Motion Seconded Naes LJ Item No. 3 CITY OF NEWPORT BEACH P Parks, Beaches & Recreation Commission oa N 2 G December 6, 1983 7� City Council Chambers 7 p.m. INDEX Ex- Officio member present: Ronald A. Whitley, Director Staff present: Jack Brooks, Park & Street Tree' Superintendent Tom Line, Recreation Supt. Dottie Flohr, Secretary I. PROCEDURAL MATTERS Item_ #'1 Call to Order The meeting of the Parks, Beaches and Recreation Commission was called to order at 7:12 P.M. Item #2 Roll Call - Roll call was taken. Capretz, Cohen, de Boom, Hopkins, King, Springer and Stuart were present. Item #3 Approval of Minutes x King moved that the'minutes of the November 1, 1983 meeting x be amended to include Capretz on the Marinapark Study A x x x x Committee under item A. Motion was made by King and seconded by Cohen to approve the minutes with this correctio . Unanimous. x Item #4 Adoption of x Agenda x x x x x The agenda was adopted as presented. II. ACTION ITEMS Item #5 -'Review of Council Policy I -5 Review of Council x Ron Whitley briefly reviewed the controversy concerning the Policy I -5 x restrictions on use of City facilities for religious x x x x purposes as stated in Council Policy I -5. 'He introduced Bob Gabriele, Assistant City Attorney, who was at the meeting to answer any questions the Commission might have. It was pointed out that Tom Line made a survey of 20 nearby cities, the result of which was that 19 have a policy of equal access; the one remaining is in the process of reviewing their policy. Bob Gabriele answered questions of the Commission and stressed that if the City were investigated at this time, and if we were challenged based on a denial., we would not CITY OF NEWPORT BEACH N Parks, Beaches & Recreation Commission Page 2 City Council Chambers 7 p.m. INDEX be successful as it is the City Attorney's opinion this restriction violates the first amendment. He emphasized that equality of access is the important point. He also suggested the first paragraph concerning a single political party under Restrictions on Use be reviewed as to its legality. Cohen moved the first and second paragraphs under Restrictio s on Use regarding political parties and religion be deleted from I -5. Capretz seconded. After discussion, Cohen amended the motion to.read "subject to appropriate rules and recommendations approved by the Parks, Beaches and Recreation Commission." Capretz seconded. Motion defeated with de Boom abstaining. Upon Stuart's recommendation, the City Attorney's office, along with staff, will review, revise and make the necessary changes pertaining to these two issues and report back with a final recommendation at the January 3, 1984 Commission • meeting. Item #6 - Proposed Parking Lot P.E. Right of Way Proposed Parking Ron Whitley gave a brief staff report on the proposed Lot P.E. parking lot located in West Newport Park. He reported that Right of the budget contains $95,000 in which to derive 75 parking Way spaces and put in the appropriate landscaping. He specifically noted that at their meeting on December 5, 1983 the West Newport Beach Association made no recommendations on the matter, therefore, it would be best to continue this item until such time as we have more information available. Ron emphasized that staff's position is whatever is best for-the community. The Commission looked over-the-schematics which were ex- hibited as Ron explained the four concepts under considera- tion. Chairman Hopkins then opened the meeting'to public testimony Mr. Sterling Wolfe, 6204 West Ocean Front, addressed the Commission. He stated that he was not in favor of the parking 1ot which would bring in more people and create more congestion. He suggested putting in grass, trees and /o basketball courts. • Dan Lazarvich,'5303 Seashore, addressed the Commission. He, too, said he supports a utility type park, i.e., basketball, tennis, etc., and that he opposes the parking lot. CITY, OF NEWPORT BEACH P Parks, Beaches & Recreation Commission LNG Page 3 2G�7 City Council Chambers 7 p.m. INDEX Dave Goff, 5212 River, addressed the Commission. He stated he favors all four plans and feels the whole area should be improved upon. He said their Association supports the concept of a landscaped parking area. Ron Whitley, reported that this matter is just at the initial stage; we 'must have an EIR and'Coastal Commission approval; and that we won't be able to complete this project during the present fiscal year. Based on these facts, it was decided the issue should be postponed until the February 7, 1984 meeting. Item #7 r Volleyball Court Relocation Request Volleyball ,Relocation Ron Whitley reported he received a letter from Dan Lazarvich Request 5303 Seashore, requesting a relocation of the volleyball court presently located at 53rd Street and Seashore Drive. This matter is brought to the Commission since they are • responsible for designating the volleyball court areas on the beach._ The court at 52nd Street was approved by the Commission at their meeting in September, 1982, however, it has been moved to 53rd Street.without approval•. One of the stipulations is that a court can be no closer than 50' to a property line. Following discussion, Chairman Hopkins opened the meeting to public testimony. Mr. Dan Lazarvich, author -of the above mentioned letter, addressed the Commission. Speaking on behalf of his neighbors and himself, he said the volley - ball court at 53rd Street is actually 48''from his house, this distance being too close'to the residents in that immediate vicinity. In addition, this location is not on the approved list. He requested that this court be moved further out towards the ocean and on the access street to the beach. Ron Whitley reported,that staff will survey the residents in the vicinity of 52nd Street to determine if there are any objections, which could result in a deletion of the approved 52nd Street volleyball location. Bruce Stuart also recommended reviewing the 50' setback as to its appropriateness. Item #8 - Access to San Miguel Park Access to • San Miguel Ron Whitley reviewed the status of San Miguel Park and noted Park that construction is nearing completion. There have been complaints concerning safe access to the park and potential parking problems. He stated there are no specific CITY OF NEWPORT BEACH P Parks, Beaches & Recreation Commission N 2 G Page 4 City Council Chambers 7 p.m. INDEX recommendations from staff, but asked that the Commission start thinking about this matter, and that any recommenda- tions should be made to the Traffic'bepartment. Chairman Hopkins opened the meeting to public testimony. Mr. Phil Glasgow, Board member of Harbor View Hills Home- owners. Association, addressed the Commission. He stated that the soccer field is not properly layed out. Jack Brooks responded that we will correct the field and check the grading: 'It was also suggested that the bleachers be split. Following discussion, Capretz suggested an ad hoc committee be formed to make recommendations concerning the park. King recommended Denise Newcomer and Mrs. Jennifer Park serve on the committee and that representatives from both sides of the - street be included. King will chair the committee and choose the members to serve on it. . II'I. DISCUSSION ITEMS Item #9 - 1984 -85 Capital Improvement Proposals 1984 -85 Capital Ron Whitley presented the capital 'improvement proposals for Improvement fiscal year 1984 -85 and recommended two additions, namely, Proposals Andersen School Athletic Field Refurbishment for $25,000, and Harbor View Homes Pear,Tree Removal and Replacement for $65,000 due to fireblight. Ron stressed that the Community Youth Center building (Item No. 2) be a top priority item and that the second phase of irri.gati'on refurbishment at Eastbluff Park (Item No. 7) could be eliminated since it can be completed with existing appropriations. Following discussion, Chairman Hopkins opened the meeting to public testimony. Mr. Phil Glasgow, Board member of Harbor View Hills Homeowners Association, addressed the Commission. He.recommended replacing the pear trees, starting with the bad ones first,-in phases and planting one per home. Concerning the athletic site at Andersen School, he stated their Association is totally committed to providing one -third share of the cost and that-they are anxious to see the field completed. •, Denise Newcomer.,;Boand - member of the Harbor.View.Hills Association, addressed, 'the Commission. She stated the children cannot use the field at Andersen as it exists and urged more funds be appropriated., She also suggested refurbishing one restroom at Buffalo Hills. • • CITY OF NEWPORT BEACH Parks, Beaches & •Recreation Commission N 2 G Page 5 City Council Chambers 7 p.m. INDEX Theatre Arts Center Refurbish- ment West Newport Park Needs Underground Restrooms Park and Street Tree Division Recreation Division Upon close of public testimony, discussion followed and King recommended putting the Buffalo Hills restrooms on the agenda as an action item at the January 3 meeting. Cohen recommended staff send the new Commissioners copies of capital improvement lists from past years. The capital improvement proposal list will be prioritized and'final recommendations made'at the January 3, 1984 meeting: Item #10 - Theatre Arts Center Refurbishment Rae Cohen passed out the program for the Dedication Ceremony at the Theatre Arts Center to be held December B. The John Wayne Sculpture will. be unveiled and the new lobby dedicated followed by the play, "Footlight Frenzy." Jack Brooks is presently working on the landscaping. Item #11 - West Newport'Park Needs Ron Whitley reported the West Newport Park area has been included in the City's Recreation and-Open Space Element review. The letter from Janice Debay, President of the West Newport Beach Association, has been included in the agenda packet for information purposes only. Item #12 - Underground Restrooms Ron Whitley noted.'that Gary Lovely's plans and specification for underground restroom facilities have been filed for future use. Problems which would be encountered include police surveillance and the expense of a water table. IV. INFORMATION REPORTS Item #13 - Park and Street Tree Division Jack Brooks reported on the erosion, problem at Lookout Point in Corona del Mar. They put.in a 1.ow retain•ing.wall and two sets of steps.which will properly direct the water. Ron Whitley spoke on the outstanding job Jack did in -house at a minimal ,cost. Item #14 - Recreation, Division Tom Line reported that mail in registration begins December 9. He also mentioned that staff will be meeting with the School District to go over the Joint Powers Agreement, facility rentals, etc. Theatre Arts Center Refurbish- ment West Newport Park Needs Underground Restrooms Park and Street Tree Division Recreation Division CITY OF NEWPORT BEACH P Parks, Beaches & Recreation Commission N yG Page 6 City Council Chambers 7 p.m. INDEX V. SPECIAL,, URGENT OR'LAST MINUTE ITEMS Capretz reported the Beach Committee is making good progress and the Marine Department is willing to participate. Capretz will give another report at the January 3 meeting. Ron Whitley reported the'Sandcastle Street Tree problem will be put on the January 3 agenda. Both Ron and Jack Brooks will meet with the Homeowners Association at their meeting on December 7 to review their input. Ron Whitley reported the Recreation Supervisors will be present at the January 3 meeting for questions and /or discussion, and each Supervisor will give a presentation on his /her individual section. Dan Iwata will probably give a slide presentation. Ron Whitley invited the Commissioners, along with their • spouse or guest, to attend our Christmas dinner at the Villa Nova on December 20 at 6:30 P.M. to watch the boat parade.. King reported that there is no new information concerning the Marinapark Subcommittee, however, he will keep the Commission informed. VI. ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission adjourned at 10:12 P.M. Dottie Flohr, Secretary • • ,. Ar imol CITY OF NEWPORT BEACH Item No. 6 PARKS, BEACHES AND RECREATION DEPARTMENT DATE: December 27, 1983 TO: Parks, Beaches and Recreation Commission FROM: Parks,'Beaches and Recreation Director SUBJECT: COUNCIL POLICY I -5 At the Commission meetings in November•and December, consideration was given to amending the subject policy as it relates to the use of public facilities for religious purposes. A further question of allowing use by political groups presented itself during this discussion. All past reports are provided as prepared by the City Attorney's office and a further report on the latest question. Staff is recommending that the policy be amended as attached. If there are any questions, please feel free to call. i�,��' Ronald MEMORANDUM OFFICE OF THE CITY ATTORNEY December 21, 1983 To: Parks Beaches & Recreation Commission From: Robert D. Gabriele - Assistant City Attorney Re: Council Policy I -5 ISSUE: Whether Council Policy I -5 prohibition against the use • of City facilities for political purposes except when "opposing factions are invited and /or represented at the given meeting" violates the United States Constitution. CONCLUSION: • Such prohibition does violate the First Amendment to the United States Constitution on the grounds that it constitutes an unnecessary restriction on political speech, and the restric- tion based on the term "opposing factions" is overly broad and vague. BACKGROUND: By memos dated October 13, 1983 and November 16, 1983, this office advised the Commission that the Council Policy I -5 provision which prohibits anyone from using City facilities for religious purposes, while permitting those same facilities to be used for non - religious purposes, was unconstitutional as an unreasonable interference with the free excercise of religion. During the public meeting of December 6, 1983, the Commisssion voted to postpone taking any action with respect to religious use of City facilities until a further opinion was issued from the Office of City Attorney, with respect to whether the restriction on access to City facilities for political expression violated the U.S. Constitution. /j n U It was requested that the legal opinion, concerning use of the City facilities for political expression, be issued in time for the January, 1984 Commission meeting. DISCUSSION: Although, "a municipality may constitutionally impose reasonable time, place and manner regulations on the use of its (facilities) for First Amendment purposes, . what a municipality may not do under the First and Fourteenth Amendments is to discriminate in the regulation of expression on the basis of the content of that expression." Hudgens vs. NLRB (1976) 424 U.S. 507. When a governmental regulation is based on the content of the speech, the regulation is not automatically invalid, but as held in the U.S. Supreme Court decision of Linmark Associates, Inc. vs Willingboro (1977) 431 U.S. 85, the regulation is subject to the "close scrutiny " test, which contains three parts, as follows: • one Is the governmental objective important? two If so, is the method chosen "necessary" to achieve the objective? In that regard, a method is determined to be "necessary" when it is the least drastic way of achieving the objective. three If so, does the governmental objective and the method by which it is achieved, outweigh the infringement on the exercise of freedom of speech. Applying the Linmark test, the City's apparent objective is to: maintain the position and appearance of not allowing any one political party or group dominate the use of City facilities. That objective, certainly appears reasonable and important. Therefore, under part one of the Linmark test, there is justification to proceed to part two of the test. The particular method chosen to achieve the City's objective is to permit political expression on City facilities only if the person or group who reserves the facility satisfies the City that "two or more opposing factions are invited and /or represented at the given meeting." • 2 0 There are less drastic methods available to achieve the objective of not allowing one political pasty to dominate use of City facilities. Such as, limiting the number of times persons may reserve a particular facility, whether consecutively or within a particular three month period of time, or increase the rental rates so that there would be less incentive to using City facilities in comparison to comparable private facilities. There may also be additional methods available without reference to the content of the speech involved. Therefore, the answer to part two is: no, the method chosen is not "necessary" to achieve the objective. Based on less restrictive alternative methods being available, the answer to part three is: no, the objective and method chosen do not outweigh the infringement. The term "opposing factions" is overly broad and vague, thereby subjecting the provision to constitutional challenge. In analyzing the governmental regulation which infringed on the exercise of freedom of speech, the California Supreme Court in Burton vs. Municipal Court 68 Cal 2nd 684 stated: "precision of regulation must be the touchstone and the • standards setforth in the ordinance must be susceptible of objective measurement." Here, the Director of Parks, Beaches and Recreation, who administers the facilities use policy, is given no specific guideline as to what an "opposing faction" is. Clearly, there are numerous issues on which various political parties agree. Also, there are numerous issues which evoke different views with- in the same political party. If a position with respect to a particular issue is shared by two or more parties and the manner in which the position is to implemented, administrated or achieved is different, would that constitute an "opposing faction?" It is uncertain, because the meaning of the term is vague. The more involved that, an administrator becomes in apply- ing a restrictive provision, the greater the likelihood of an improper infringement on the exercise of freedom of speech. Therefore, based upon the above, it is recommended that the Parks, Recreation and Beaches Commission recommend that the City Council delete the restrictive language from Council Policy I -5 as it applies to political expression. • RDG /dt MEB /PBR 3 Robert D. Gabriele 0 Item No. 5 MEMORANDUM OFFICE OF THE CITY ATTORNEY November 16, 1983 To: Parks, Beaches & Recreation Commission From: Robert D. Gabriele - Assistant City Attorney Re: Use of Public Facilities by Religious Groups As a follow -up to your last meeting, P.B.& R. staff surveyed 20 cities in Los Angeles and Orange County with respect to policies regulating use of city facilities by various groups. As the attached memo discloses, all cities contacted, except Anaheim, permit religious groups access to City facilities for religious expression where those same facilities are also made accessible to non- religious group discussions. I learned from one of the Anaheim Deputy City Attorneys that their prohibition against religious expression, while permitting non- religious expression, in City facilities is currently being challenged in litigation initiated by a religious group which was denied access. Further review of the Widmar decision confirms the legal opinion of this office that once a public building or facility has become an "open forum" (place where persons are permitted to express ideas, thoughts, and views), religious expression must be given access equal to that given for non- religious expression. In Widmar, the United States Supreme Court did however suggest that if it was proven that the "primary effect" of permitting religious expression equal access resulted in the establishment of religion, then the Court would give reconsideration to its opinion. If there ar'e any further questions concerning this issue, please advise. RDG /dt • attachment MEB /Parks2 /� /;-,- CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: November 4, 1983 TO: Parks, Beaches and Recreation Director FROM: Recreation Superintendent { SUBJECT: Request for Facility Usage by Religious Groups Twenty cities have been contacted for the purpose of determining whether they permit facilities to be leased for religious expression. The survey results are quite alarming but, more importantly, the reasons that they use for approving or denying requests are not comparable within each city. Listed below is each city with an answer whether they lease or don't lease for religious expression and their explanation as to why or why not. Carson Yes, they do rent or lease facilities and parks to religious groups. They try to discourage use but do charge a substantial fee. At one time the city did deny access to religious groups but since then have had the policy reviewed by City Attorneys and the recommendation was to allow access. Court cases were cited. Torrance Yes, they do rent or lease facilities and parks to religious groups. Fee is very high. Parks and Recreation approves or denies all permits and, citing no particular case, has denied certain groups. Long Beach Yes, they do allow leasing of parks and facilities for religious purposes. Their Municipal Code explains the process. The Parks and Recreation Commission has set the policy for approval. They do try and discourage such leases and such leases G can only take place when normal programming is non - existent. Santa Monica Yes, they allow all religious and political leases and rentals of parks and facilities. They must pay a public facility rental fee -which discourages most groups because of its cost. If a group does lease a-facility, it must be made open-to the public. They do not deny anyone. Huntington Beach Yes, they do allow religious groups to lease facilities and could not cite any court cases or legalities. Orange Yes, they do allow leases for religious reasons and this is due to a change in policy of recent years from the recommendation of the City Attorney. 0 -2- Laguna • Yes, they do allow leases for religious reasons and this is due to a change in policy of recent years from the recommendation of the 'City Attorney. Westminster Yes, they do allow leases for religious purposes and they, too, have had a change in policy on the recommendation of the City Attorney. i Fullerton r Yes, they lease facilities for religious expression and stated that it was a long lived policy and cited no particular legalities or court cases. Irvine Yes, same as Fullerton. Santa, Ana Yes, same as Fullerton Fountain Valley Yes, same as Fullerton ,+ L.A. City Yes, they do allow facility rentals for religious purposes at times when normal pro- gramming is not taking place. Cited Constitution and various other legalities for their reasons. Has been reviewed with City Attorneys. L.A. County Yes, they do lease for religious purposes but they didn't always. Back in the days when they didn't, they were challenged and then County Council advised them to change policy. The facilities cannot be used for an unreasonable length of time. This is compatible with most cities. There can't be a continual use by religious groups. Cypress Yes, they do lease facilities for - religious expression. It's non profit and a City Council Policy. 'Charge is $15.00. Tustin Yes, they do lease facilities for religious purposes. There is also a non - profit policy set forth by City Council-and-they charge.$15.00 for residents and $30.00 for non - residents. Anaheim No, they do not lease facilities for religious expression. City Council decision. Costa Mesa d� Yes, they.do lease facilities for religious purposes but only as a one time shot. 9 You cannot have a continuous class week after week. Council policy. -3- All of the cities but Anaheim call for facility rentals for religious expression. is Each city has its own fee schedule and many cities..try to discourage such rentals as;much as possible. Most of the rentals are allowed only when normal programming is not taking place. cc: Recreation Supervisors Cl ozl�/ Tom Line County of Los Angeles Department of Parks and Recreation POLICY/PROCEDURE Date Rev. 10 /82 Subject: RELIGIOUS ACTIVITIES ON PARKS I 1.0 INTRODUCTION /PURPOSE 1.1 To provide employees with the policy and "procedure for implementing decisions on the use of park facilities for religious activities. 1.2 Religious activities are events that relate to -the reverence, worship, obedience and submission to mandates and precepts of supernatural or superior beings. 2.0 POLICY 2.1 The bepartment will make available its indoor facilities and outside areas to applicants who desire to schedule use for conducting religious activities on the same terms and conditions- afforded to any othe-.non- commercial _ community group which engages in free speech, activities or otherwise wishes to use the- center as a public forum, provided that: 2.11 The facility is available and will not restrict the public use for an unreasonable period of time or conflict with the Department's regularly scheduled program. 2.12 The sponsor complies with all rules and regulations governing the use of park facilities by private groups, including the payment of applicable use fees. 2.13 Facilities will he made available on a "first come, first serve" non - discriminatory basis as detailed in P.M. #540. I 3.0 PROCEDURE Refer,to P.M. #54Q for detailed procedures. i • Approved 6� o4, Department Director Authority Reference: In accordance with County Counsel opinion dated March 26, 1982, and Executjv.e Staff approval of October 5, 1582. OPINION FROM • OFFICE OF THE CITY ATTORNEY October 13, 1983 ITO: Ron Whitley, Director, P.B. & R. FROM: Robert D. Gabriele, Assistant City Attorney �" ISSUE: Whether Council Policy I -5, which prohibits use of public facilities for religious purposes, violates the United States Constitution. CONCLUSION: A prohibition against religious expression in public facilites, while permitting non - religious expression, constitutes a violation of the First Amendment of the United States Constitution as a denial of freedom of religion. BACKGROUND: On October 6, 1983, you advised me that a person recently requested use of one of the public community buildings. The person indicated to you that the planned use involved Bible discussion without specific reference to a particular religion or theology. The past practice has been to prohibit use of public community buildings for "church services, Sunday School classes or formal religious meetings" during which "ecclesiastical doctrine" is discussed. All other topics and discussion formats, however, have been permitted regardless of whether or not the event was sponsored or participated in by rel- igious groups. That practice complies with Council Policy I -5 which you indicated was adopted many years ago. DISCUSSION: Under the First Amendment to the United States Constitution, a governmental entity shall neither establish religion nor interfere with the free exercise of religion. In that regard, the United States Supreme Court in Widmar v. Vincent (1981) 102 S. Ct. 269, held that once a governmental entity allows its property or facilities to be used for the expression of ideas generally, it must not treat religious expression less favorably than non - religious expression. In other words, once a facility becomes an "open forum" rules and regulations governing • the use of such facility, must be "content - neutral," which means that one expression of 'ideas cannot be more or less favorably treated than another. ')zL /7 In Widmar, the court was confronted with a situation similar to ours, in that a State University had made campus facilities open and available for meetings of registered student groups. The problem arose when, as a result of a State adopted regulation prohibiting the use of campus facilities for religious worship or religious teaching, a group of students who wanted to meet for a Bible studies type discussion were denied use of the facilities. The court concluded that since the facilities became an "open forum" by the university allowing access to all forms of expression other than religion, to deny those students to have a Bible studies meeting, interfered with their right under the ►First Amendment to the free exercise of religion. The university had argued that the reason for the adoption of its policy to prohibit religious meetings was because of the constitutional requirement that there be a "seperation of church and State" so that no governmental entity shall adopt policies which would "establish religion." The court in Widmar, rejected that position stating that the safest position on such issue was to adopt and maintain a "content- neutral" policy whereby religion would neither be favored nor disfavored. However, the court further indicated that if there is empirical evidence which would prove that the use of facilities would result in domination by religious groups to the point where the "primary effect" results in the actual advancement of religion, then the court might determine that some form of restriction could successfully stand a constitutional challenge. Therefore, it is the recommendation of this office that you advise the P.B.& R. Commission concerning this matter, in light of the points raised in this opinion, for the purpose of making a recommendation to the City Council to revise the policy. in that regard, if you would like me to attend the meeting when the topic is raised and /or to prepare draft language for a possible revision to Council Policy 1-5, and /or if you wish to discuss the matter further, please advise. Thanks. MEB /Whitley I -5 USE, PRIORITIES AND FEES FOR FACILITIES AND EQUIPMENT ,The City Council Chambers, in addition to those recreation buildings, park and playground areas under the jurisdiction of the Parks, Beaches and Recreation Department are public property, and as such, are available for the use of any person or group of persons in accordance with the following specifications: PURPOSE OF USE: The foregoing facilities and equipment therein shall be used for meetings and activities which are recreational, social or civic in character, and offer services of interest'or need to the community. PROCEDURE: Any person(s) desiring to use said facilities shall make application on forms provided by the Parks, Beaches and Recreation Department and shall provide such additional information as may be required by the Department to assure compliance with these specifications. Applicants may be required to satisfy the-Department that meetings or activities will be conducted in an orderly manner and that such person(s) are financially able to respond in damages in the event of any personal injuries or property damage arising therefrom. Prior to the use of -any facility, the application must have been approved by the Parks, Beaches and Recreation Director or his desig, hated representative. RESTRICTIONS ON USE: •Permiss-iew-te- use - the,4 sei- lities•-w•flf -rot -be -granted -to- an-individual-or e-8;eW ntA*g- -& $igle- po-l3t4eaf- perty. =-ia- the- interest-of-civic- ealightenment mod- i-o-,edueatAm; -a-reatrvation- maybe- granted -£or-a poiitieai- �eet�nS proviided-- two- -or -more -oppoaiug -factions -are -invited end�er•represented --at -the- gdvetr- meet3-ag. Permisaiea -wf��- net- be- graatnd- £er- ehnrek- ecru #.eea;- 8e:nday- 6thee3- eiassea ' er- fermak- re�fafena- meetinbe:-- Reeesront4eae- mny- be- greted- to- re3igiona Ereaparor-organfzationa-Mheretn-thn-natnre-o£-the-meetiag-mi3i-be-retrea- tieaak- er- eeefa�- naeare- and -wi3�- act- favetve- eee3eainatiee3- dxtrint. Alcoholic'beverages are prohibited and shall not be permitted in or on.any municipal facilities operated by the Parks, Beaches and Recreation Depart- ment, except wine may be served for special occasions when requested and approved in writing by the Parks, Beaches and Recreation Director. Alcoholic beverages shall in no case be permitted in the-City Council Chambers. PRIORITY OF USE: I. All official Parks, Beaches and Recreation /City of Newport Beach initiated and /or conducted activities. • 2. All official Parks, Beaches, and Recreation co- sponsored groups and /or activities. The aforementioned are community groups and activities which are nonprofit, self - governing, privately organized and of a recreational nature which-may be brought under the sponsorship of the Parke, Beaches and Recreation Department. 3. Official School District sponsored programs and activities with which the Parks, Beaches and Recreation Department has reciprocal facility -use agreements. 4. Official public agency sponsored programs and activities not in- cluded in the above categories. 5. Recreational,-,soc461 or civic activities and /or groups (resident) promoted and sponsored by local nonprofit organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents. 6. Recreational, social, or civic activities and /or groups (nonresident) promoted and sponsored by nonprofit organizations which are open to the public, not qualifying under Priority #5 is • I -5 • USE, PRIORITIES AND FEES FOR FACILITIES AND EQUIPMENT - Page 2 / 3. Recreational, social or civic activities and /or groups (resident) promoted and sponsored by local nonprofit organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents. 3 1 Official School District sponsored programs and activities with which the Parks, Beaches and Recreation Department has reciprocal facility -use agreements. Official public agency sponsored programs and activities not included in the above categories. Recreational, social or civic activities and /or groups (nonresident) promoted and 'ponsored.by nonprofit organizations which are open to the public, not qualifying -under Priority #3. NOTE: A. In the City Council Chambers, the following groups shall supersede . all the above regarding priority of use: 1. City Council 2. City Boards, Commissions and Committees 3. City Staff 4. Joint public agencies (any organization involving the mutual participation of the City of Newport Beach and other govern- mental jurisdictions or agencies) B. Youth activities will take precedence over adult activities at the Community Youth Center. C. Senior citizens' activities will take precedence at the OASIS Center. SPECIFICATIONS FOR CIVIC AND SOCIAL GROUPS: 1. Fees, donations or admissions charged by the groups, must be limited to essential expenses of the group. The group treasurer will be required to submit a financial report following each activity when any of the above is collected. 2. The,group must be nonprofit. A copy of the constitution or bylaws or rules and regulations governing the group will be required. Q. wl�p-f r I -5 USE, PRIORITIES AND FEES FOR FACILITIES AND EQUIPMENT - Page 3 3. Activities shall not involve individual gain or be-in the nature of a commercial enterprise. 4. Membership and meetings or activities must be open to the public. FEES AND DEPOSITS: 1. The fees charged for use of recreational buildings and meeting rooms shall be established and periodically adjusted by resolution of the City Council. Said fees are to cover overhead, processing, key deposits, maintenance, and related costs. 2. The Parks, Beaches and Recreation Department may require a cleaning fee from groups to permit a contract for a commercial maintenance service to clean the facility after a rental when necessary. Adopted - January 22, 1962 Amended - March 9, 1970 Amended - May 28, 1974 Amended - February 13, 1978 Amended - February 12, 1979 Amended - May 14, 1979 Amended - November 26, 1979 Amended - February 9, 1981 Amended - November 23,, 1981 Amended - October 12, 1982 Item No. 7 CITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION DEPARTMENT 0 DATE: January 3, 1984 TO: Parks,'Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: SANDCASTLE STREET TREES In December of 1981 the Parks, Beaches and Recreation Commission considered a request from the Harbor View Hills Homeowners Association to remove and replace the street trees on Sandcastle Drive. The purpose of this request was based on the desire to'eliminate the view problems resulting from the tree growth. The Commission approved the request with the following conditions: That the cost of removal and replacement would not be the responsibility of the City. 2. That the majority of the property owners on Sandcastle Drive approve of the removal concept. In August of 1982, a survey was initiated by the Parks, Beaches and Recreation Department to determine compliance with the second condition. This survey re- sulted in a'50% 'split on the issue. It was felt by your Association that this • survey did not include sufficient information regarding type of tree replacement and who would pay for the actual work and material. In January of 1983 another survey was administered with an attachment from the Association that was intended to clarify all'possible questions on the issue. This survey received a 62 %, 37 out of 59, positive response for removal and replacement of the street trees. Although this would indicate a majority is in favor of the removal, those indicating a desire to retain the trees were very vocal in the comments section•of the survey. Because of their concern, this matter was scheduled for another Parks, Beaches and Recreation Commission review at their meeting of Tuesday, May 3, 1983. Action taken was to establish a Commission subcommittee consisting of Com- missioners, staff and residents from the Harbor View Hills South Community Association to develop further recommendations. In the past few months several communications have been transmitted to residents of the area on both sides of the issue. One of the letters was initiated by the Associ:dti:on' §:•Management Company using incorrectly this Department's letter- head. Because of these communications, further confusion has been generated as solutions are attempted to be found. Staff met with the Homeowners Associa- tion on December 7, 1983 and the Association at that meeting adopted the attached resolution for Commission consideration. Ronald A. Whitley 0 HARBOR VIEW HILLS HOMEOWNERS ASSOCIATION • RESOLUTION The Board of Directors of the Harbor View Hills Homeowners Association, after discussion, upon motion duly made, seconded and unanimously carried, adopted the following resolutions: RESOLVED: To recommend to the City of Newport Beach that all owners on Sandcastle Avenue desiring the removal of the Eucalyptus trees in the parkway in front of their homes be allowed this privilage. That the City agree to the removal and replacement of the above trees with a minimum size 15 gallon Carrot Wood. Be it further RESOLVED: That cost for removal and replacement would be as follows: (a) Through voluntary contribution to be directed through the Association Board of Directors, (b) Through Association funds providing a poll of the entire membership indicates a majority approve] of the entire membership for this expenditure, (c) Through an affirmative response, from the City of Newport Beach, of an Association request for a subsidy from the City of Newport Beach, (d) Any combination of (a), (b), and (c) above. RESOLVED further: That the City of Newport Beach contract for removal and replacement of the trees upon receiving notification from, the Association that sufficient funds are available to cover the cost of removal of the trees that homeowners have requested to be removed. Qim Item No. 8 CITY OF NEWPORT BEACH • PARKS, BEACHES AND RECREATION DEPARTMENT DATE: January 3, 1984 n LJ • M TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: SPYGLASS RIDGE COMMUNITY ASSOCIATION LETTERS A number of letters have been addressed to the Mayor from residents of the Spyglass Ridge area expressing concern that the trees on Sandcastle Drive are affecting their views. A response to their letters is attached and, hopefully, the item on the agenda concerning these trees will provide a solution. CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department • DATE: December 27, 1983 TO: SPYGLASS RIDGE COMMUNITY ASSOCIATION FROM: Parks, Beaches and Recreation Director Mayor Hart has received�a number of similar letters from residents in the Spyglass Ridge area regarding the City owned street trees on Sandcastle Drive located in the Harbor View Hills community. The Mayor has asked me to respond to this concern and I felt that an open Tette,r to the Association would best address the issue. The City has been working with the Harbor View Hills Community Association for a number of months to determine a solution to the view problems associated with the street trees on Sandcastle Drive. After several recommendations done in cooperation with the residents, Commission and staff, a resolution from the Board of Directors is being forwarded for action by the Parks, Beaches and Recreation Commission at their meeting of Tuesday,.January 3, 1984. This meeting is to be held in the City Council Chambers; 3300 Newport Blvd., at 7:00 P.M. In addition to having the specific Sandcastle resolution on their agenda, the letters received from your Association will be discussed by the Commission. This meeting of the Commission is open to the public and I encourage you to attend to assist in making decisions on this matter. The issue, although appearing to be simple, is very complex. The CC &R's found,in the two affected Associations do not apply to the City owned trees in,the public right -of -way. And, by,a policy that retains street trees, many of the homeowners who reside on Sandcastle Drive do not want the Eucalpytus Trees removed or severely trimmed. Hopefully, with your help a solution can be determined that will benefit the communities involved. If there are any questions about these procedures, please feel free to call. cc: Mayor Evelyn Hart Robert L. Wynn, City Manager is ON • • • ,'i CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: January 3, 1984 TO: Parks,•Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: CAPITAL IMPROVEMENT PROPOSALS 198445 Item No. 9 After careful review, I am recommending that the Commission support and recommend to the City Manager that the major CYC project be of highest priority and be funded next fiscal year. This project is now identified as: Community Youth Center - 5th and Iris, Corona del Mar Project +to include demolition of existing building and construction of new -5,000 s.f. building on City property, new tot lot, landscaping and site development. Costs: 5,000 s.f. @ $75.00 = $375,000 Playground equipment = 25,000 Landscaping = 50,000 Site development = 30,000 Contingencies = 20,000 Total = $500,000 Another project to be submitted will be the Park Facility Improvement Fund - $30,000. This will enable us to do a variety of small jobs with force accounts. Small projects done this past year include the Riverside Drive Scout House and the re- tainers and walkway at Lookout Point at the Corona del Mar Bluffs on Ocean Blvd. Projects considered but not recommended include: 1. OASIS Restrooms - $24,000 Proposed to be cost shared with Friends of OASIS and funded in the M &O portion•of'budget. 2. Mariners Park Night Lighting of Multi- Purpose Athletic Field Delay until. future year. 3. Ocean Front Volleyball Posts - $35,000 Delay. 4. OASIS Shade Cover for Shuffleboard Courts - $8,000 Eliminate. -2- 5. Cliff Drive Park Refurbishment - $60,000 • Postpone 6. Eastbluff Park Restroom - $70,000 • Postpone 7. Irvine Blvd. Traffic Median Delete 8. Irvine Terrace Park Redevelopment - $502000 Postpone 9. West Newport Park - $200,000 Defer until parking lot is completed and a plan for entire area is determined. Other projects proposed and handled through NO accounts are the Andersen School field and the pear trees in Buffalo Hills. If there are any questions regarding-this approach, feel free to call. Ronald A. Whitley P.S. Attached for your information, as requested, is a ten year listing of approved projects. '2-/ CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department • Capital Improvement Projects 1973 -74 Install showers on the ocean front $ 2,400 Install landscaping in the Bayside Street ends at Fernleaf and Dahlia 1,000 Install landscaping at the northwest corner of Lido Bridge 1,000 Install bicycle trails 35,000 Building Excise Tax - install Corona del Mar 13,000 NMSD High tennis lights 13,000 City Install CdM High School softball lights 30,000 NMSD 30,000 City Install'handball courts at Newport Harbor High 15,000 Install concrete around play equipment at Mariners Park 1,500 Automate Mariners Park sprinkler system 5,350 Automate Irvine Terrace Park sprinkler system 6,000 Landscape San Joaquin Hills Park 10,500 • Install asphalt walks in Eastbluff Park 4,800 Resurface Community Youth Center parking lot 9,000 Purchase Balboa Island church site 175,5.0.0 State Gas Tax Fund - landscape arterial streets Irvine Ave. 30,000 TOTAL: $383,050 1974 -75 Install two tennis courts on the Andersen School $ 16,000 City site in Harbor View Hills (tennis court fund) 16,000 S.D. Patch and seal coat Corona del Mar State and City Beach parking 10,000 Bicycle trails program in accordance with adopted Master Plan of Bikeways 32,000 Apply color coat to high school tennis courts 3,000 City (Tennis Court Fund) 3,000 S.D. Purchase two lots at Inspiration Point in CdM 100,000 State 100,000 County Construct bicycle trail on Pacific Coast Hwy. • from Riverside Drive to Arches 14,000 (carry -over) Install improvements along Bayside Drive in CdM 50,000 General Fund - Instal.l sidewalks and landscaping at police facility 25,000 n U u • 1974 -75 (cont) d1a State Gas Tax Fund - landscape arterial medians Install landscaping in Cliff Drive Park Automate irrigation system in Begonia and Channel Parks Construct Phase I of a six acre activity park in the Spyglass Hills area Install landscaping and erosion control on two City lots on Cliff Drive 8,000 $ 30,000 42,940 3,800 55,000 TOTAL: $508,740 1975 -76 Replace sprinkler pipe and automate the system in Peninsula Park $ 5,000 Bicycle trails program in accordance with the 20,000 (carry -over) adopted Master Plan of Bikeways 15,000 13,000 (County) Construct approaches to Lido Village bicycle/ pedestrian bridge 20,000 Construct Cantilevered bicycle path along one side of Lido Isle Bridge 50,000 Purchase two lots at Inspiration Point in CdM (carry -over) Building Excise Tax - resurface tennis courts at 2,500 (City) Harbor High 2,500 (S.D.) Court Balboa Island Park 60,000 State Install landscaping in Bayside Drive right -of -way 58,000 State Construct Rhine Wharf Park 40,000 (County) 10,000 (Other) 36,380 (carry -over) TOTAL: $332,380 1976 -77 Replace sprinker systems in medians on Balboa Is: .$ 30,000 Construct improvements at Cliff Drive Park 55,000 (State) Bicycle trails program 31,000 General Fund = Marinapark Master Plan improvements Building Excise Tax Fund - Construct West Newport 44,395 EPA Grant Park 63,720 Tennis court fund 126,280 Off street parking fund Develop Spyglass Hills Park 21,700 Install lights at Mariners Park tennis courts 60,000 Construct park and community building on.Balboa 23,800 State (carry -over) Island 60,000 City -3- 1977 -78 Install bicycle racks and view benches on $ 3,000 concrete pads on Ocean Front • Construct a low block wall along the lawn area and driveway at Newport Pier 2,000 Construct Phase II of park on Bayside Drive 55,000 (State Prop 2) Install Phase II of Ensign View Park 58,000 (State Prop 2) Reconstruct the irrigation system in Galaxy View Park 3,000 Install Phase II of Cliff Drive Park 67,000 (State Prop 2) Install sprinkler system concrete walks, view 6,250 City benches and groundcover at Inspiration Point 18,750 (State SB 174) Install sprinker system, walks, view benches and 5,250 City groundcover at Kings Road View Park 15,750 (State SB 174) TOTAL: $749,895 1978 -79 Bicycle trails program $ 16,110 (carry -over) Install Phase II of Ensign View Park 115,900 (carry -over) Construct improvements at Inspiration Point and Kings Road Park 4,990 Building Excise Tax - Construct community building 70,000 and recreational area on Balboa Is1'and 23,000 State • Construct handball courts in West Newport Park 50,000 Install lights at Community Youth Center 10,000 Develop Spyglass Hills Park 1,780 (carry -over) TOTAL: $291,780" 1979-80 Renovate softbb1l backstops $ 7,000 Renovate sprinkler system in five locations 20,000 Construct Ensign View Park storm drains 26,000 TOTAL: $ 53,000 1980 -81 Conduct study of undergrounding at 15th St. $ 3,000 launching area Renovate the Newport Theatre Arts Center 20,000 Construct improvements at the OASIS Senior Citizens Center 50,000 Resurface and redesign east side of Corona del Mar Beach parking lot 35,000 • Construct Ensign View Park storm drain 14,940 (carry -over) Install landscaping and irrigation system in traffic islands on San Joaquin Hills Road. 45,000 Install landscaping and irrigation system in traffic medians on San Miguel Drive 20,000 ss 1980 -81 Building Excise Tax Fund - Install playground $ 15,000 (cont) equipment for Bayside Drive Park tot lot Install lighting for tennis courts in San Joaquin • Hills and West Newport Park 70,000 Renovate landscaping and irrigation system in five locations 60,000 TOTAL: $332,940 1981 -82 Install landscaping and irrigation system in . traffic medians on San Miguel and San Joaquin Hills Road Phase II $ 67,000 Prepare plans for San Miguel Park 48,000 Construct OASIS parking lot 70,000 Install landscaping in three traffic medians on Westcliff Drive 13,000 Install irrigation system in three traffic islands on Dover Drive 81000 Install irrigation system in Vista del Sol traffic island 10,000 Construct Ensign View Park storm drain 14,940 (carry -over) Construct improvements at OASIS Senior Citizens Center 48,545 (carry -over) Install lighting for tennis courts in San Joaquin • Hills Park 64,925 (carry -over) Building Excise Tax - Resurface black top trails in Harbor View Hills Nature Park 18,000 Repluming of Eastbluff Park restrooms 5,000 Refurbish Community Youth Center 112,000 Refurbish 19th St. restroom and construct classroom 100,000 TOTAL: $579,410 1982 -83 Construct improvements to the Theatre Arts Center $175,000 Replace irrigation system in traffic island on San Joaquin Hills Road 20,000 Replace landscaping and irrigation system in traffic median at Bayside Dr. and Harbor Island Drive 10,000 Construct park at San Miguel Park. includes 275,325 241,325 from 1980 State Park Bond Fund carry- over from 1981 -82 of $34,000. An additional $116,000 from Building Excise Tax Building Excise Tax - Construct San Miguel Park 116,0,00 • TOTAL: $596,325 • • • -5- 1983 -84 Develop OASIS Passive Park Refurbish restrooms and basketball court at Buffalo Hills Park Install new irrigation system at Eastbluff Park Construct basketball court in West Newport Park Construct improvements*at Irvine Terrace Park $50;000 from tennis court fund Park facilities improvement fund Install Newport Blvd. median landscaping Begonia Park stairway replacement TOTAL: $ 80,000 35,000 100,000 20,000 75,000 25,000 125,000 16,000 $476,000 11 ,% , I ' Buffalo Hills Park field not shown in budget, $65,000 - 1982 -83. Item No. 11 RECREATION DIVISION • DECEMBER, 1983 PROGRESS REPORT Adult Sports All adult softball and basketball leagues are completing their schedules in December. Hopefully all rained out games will be able to be made up this month. Registration for new winter leagues has begun and, hopefully, there will be enough teams for the leagues. Leagues begin the week of January 3. Projected for February, 1984 will be a 3 -man basketball tournament to be held at 38th Street Park. The tournament will be a two day event on February 11 and 12. Youth Sports A youth cross country meet was held on Saturday, December 17. Although it was raining, there were 29 participants. The four top finishers fn each division -will advance to the Orange County Track Meet. The Youth Flag Football Championships of Orange County were held in Fountain Valley on December 10, 1983. Andersen School's 5th and 6th grade team came in 2nd place. The team was coached by Scott Williamson. The boys basketball program will also begin in January. Registration is going • very well. Excursion The 1984 Rose Parade Excursion has been sold out for several weeks for the January 2, 1984 event. Approximately 40 people will leave City Hall at 6:30 A.M. to go to Pasadena for the 1984 Tournament of Roses Parade. Hopefully, weather will accommodate. Special Activity Classes Fall classes are almost over and registration for winter classes is going very smoothly. As usual winter registrations are very slow, especially during the Christmas Holidays. The first.of the year should bring on an increase of new sign -ups. The Rent -a -Santa program was a great success this Christmas. Even with two Santa suits, there were several nights when the department had more parties than they could'handle with the Santas. The Rent -a -Santa program is quite profitable to the Santas and only a small portion of the profit goes to the City. Proposed for next year will be an hourly salary for each Santa and a little greater per- centage of profit going back to the City. Race evaluations for Corona del Mar races were held during the last month. Race Director, volunteers, Chamber members and the Supervisor in charge of the runs . in Corona del Mar were all involved. Results of the evaluation meetings will be reported in the future. F__ 1 -2- Aquatics and Sailing . A special Christmas program for sailing has been initiated. The special one week sailing class will'take place over Christmas vacation. A special contract is being developed for the use of Lido 141s. This sailing program will take place at the Sea Scout Base and will begin sometime in the spring. It should be very successful. The maintenance program is going quite well at the facilities. Staff has improved its schedulinqproblems and most tasks are being completed on time. A new proposal by the School District could change policies and procedures in the City with regards to facility requests by outside groups. The department may no longer be the liaison between the school district and outside facility permits. If approved, outside permits may have to work directly with the school district. The first ski trip excursion by the City is scheduled.for the end of February. Skiing will-take place at Mammoth. Senior Citizens Some new classes were started at the OASIS Center in December. On December 5 a discussion seminar on-the Civil War was begun by a retired professor, Julian Scherer. This discussion,will take place three times a month. • December 5 also saw the foot screening program move to Mondays. Dr. Steinbroner donates his time for this very worthwhile program. • The Braille Institute conducted its visual aid screening on Decmeber 8, 1983. Also held in December was the Emeritus Institute meeting, and the Long Range Planning Committee for the OASIS Center conducted their meetings. A questionnaire approved by Board members of the Friends of OASIS and the City, of Newport Beach will be sent to members of the OASIS Center for their prompt response. The questionnaire should be in the January newsletter. Various Christmas parties were held at the OASIS Center in December. They were a concert by Jane Bryant, Harbor View Chorus, Pancake Breakfast, Xmas Party for Blind Children, and a Tea Dance held on December 11. A big New Year's Eve party is scheduled for December 31, 1983. e %� Tom Line Item No. 12 PARK AND STREET TREE DIVISION . 'DECEMBER, 1983 PROGRESS REPORT Our Park Crews performed the following tasks during the month of December: Poured concrete at Corona del Mar Bluffs - Sod turf area - Installed drain. Cleaned up contractor's mess at Ensign View Park. Removed six trees near Balboa Pier. Added board at shuffleboard courts at OASIS. Fertilized al'l turf areas. Our Street Tree Division performed the following: Trimmed 594 trees. Planted 1 tree. Removed 14 trees. is Root pruned'8.trees. Completed 6 work requests. Areas being trimmed are PCH in Corona del Mar and the Palms on Pacific Drive. Avocado and'Poppy Streets have been completed. "I e •