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HomeMy WebLinkAbout10/07/1986 - PB&R CommissionCITY OF NEWPORT BEACH U Item No. 3 arks, Beaches. & .Recreation Commission October 7, 1986 City Council Chambers 7 p.m. INDEX O- _ ,a Ex- Officio Member Present: Ronald A. Whitley Staff Present-, Jack Brooks, Park and Street Tree Supt. Mark Deven, 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 7:03 P.M. Item #2 Roll Call Roll call was taken. Commissioners Brenner, de Boom, Herberts,- Konwiser, Springer, Taft and Wolfe were present. Commissioner Konwiser was absent (excused). Item #3 Approval of Minutes Chair Wolfe.recommended that in Item #5, Investigation of Shore Conditions at Little Corona Beach, on Page 3, the ,'following words be deleted in the second sentence: "so that the water is confined to a smaller area." Commissioner de Boom moved the minutes be approved as corrected. Seconde by Herberts. 'Unanimous. Item #4 Adoption of Agenda The agenda was adopted as presented with the addition of Nomination for Community Service Award and Ocean Boulevard Blufftop. II. COMMISSION SPECIAL - RECOGNITION'- Girls Softball Program Commission Special Mr. Mark Deven gave a brief review of the girls softball Recognition program and announced that the Newport Beach Lightning Bolts, representing Andersen and Harbor View Schools, won the Girls "C" bivision (3rd -4th grade) intra -city league. They then participated in the•County,playoffs which they won.and advanced to the Southern California Regional Playoffs. In honor of their outstanding sportsmanship and spirit, Mr. Deven and Commissioner Springer presented each of the team members with the Commission's'Special Recognition Award. Chair Wolfe.also congratulated each of the players and said the Commission looks forward to seeing them again next year. CITY OF NEWPORT BEACH 4otion Seconded ayes 0 Motion Seconded Ayes ci arks, Beaches & Recreation Commission Page 2 City Council Chambers 7 p.m. INDEX I'II. ACTION ITEMS Item #5 - Encroachment Request, 3713 Ocean Blvd. Encroachmen Request X Chair Wolfe reported this item was continued for action from X the September 2 meeting in order that the landscaping plan x x x x x 'x 'be provided and that the sidewalk location be clarified. Ron Whitley'reported the'Planning Commission placed a condi- tion on the'home development that the public access be directly adjacent to the curb, the result of which the present plan would have to be slightly altered. If the Property owner on the southerly side'moves the pathway, it would tie into the configuration. Since this is City owned property, it would be done at the City's expense and would be contingent on notifying the property owners who would als have the right of appeal. Mr. Whitley explained the encroachment process which is administered by'the Public Works.Department. Review by this Commission occurs when the location is a park -like setting.' Mr. Whitley added that the proposed plan would eliminate Tiability,•beauti,fy the area -and decrease the City's main- tenance responsibil -ity. Commissioner Springer expressed her concern regarding privat owners using-public property. After Mr. Whitley answered questions regarding plant material end trimming enforcement, Commissioner Taft moved the ..encroachment request for 3713 Ocean Blvd. be approved. Seconded by Herberts. Unanimous. Item #6 - Review Proposed Development Adjacent to Theatre Review Pro- Arts Center posed Developmeni X Ron Whitley passed out a report and revised set of plans to X replace those in the Commission's agenda packet. Mr. Whitley x x x 'x x explained''that since this site is adjacent to a public' facility and in an area used for passive recreation, the Planning Commission has requested this Commission's review and a report on the .proposed development: Mr. Whitley pointed out the Theatre has a potential noise problem due to the activity in the building and intermission during performances, however, in the-past there have been no complaints. Another potential problem exists concerning automobile traffic. The Theatre seats 90 and,there are only 30 parking spaces which result in car overflow into the neighboring streets. These two concerns, i.e., potential noise and traffic /parking problems, should be made known to prospective buyers. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 3 Citv Council Chambers 7 n m INIIFX f_. V43 V' Mr. Brion Jeannette, 470 Old'Newport Blvd., who is the 'architect on the'project, addressed the Commission. Mr. Jeannette referred to the plan-and presented a frame of pictures. He explained the view impacts which will be minimal. He met with the homeowners whose views would-be affected and they agreed as to height•limit, grading, etc. He wi4l be working with the developer so that everyone's view is protected and the publ'ic'area maximized. Mr. Jeannette then answered questions on site analysis, land - scaping, etc. Mr. Whitley explained that the existing trees scheduled for removal have been on the Department's list fora long time and that they should not have'been,planted originally. Commissioner de Boom said she felt the parking lot needs to be lit •which should also be 'brought to the attention of the'homeowners and,any prospective buyer.. Mr. James Slack, President of the.Board of Directors of the Theatre Arts Center, addressed the Commission. He invited any questions and ,reported that, their main concern is that theeowners adjacent to the Theatre be put on notice as to the nature and activity that takes•place in the building: 'He referred to not only the normal'Theatre use but also the Board meetings, fundraising activities and box office hours. Mr. Slack reported the Board requests this Commission recommend to the Planning Commission that notice be given to prospective buyers that they want to work with everyone purchasing property. Mr.•Slack further stated that they are not concerned with noise problems as much as parking problem that occur when there are performances. Commissioner de Boom suggested new owners be, made 'aware of this although• there have been no complaints. Mr. Whitley suggested such a condition could be included as a disclosure in the sales agreement. •In addition, notifica- tion should be made to the Planning Commission that the view situation does not have.a significant impact on the use of the facility. Commissioner de Boom motioned to approve the concept of the project and to notify prospective'buyers of the possibility �J of the parking, lighting and noise elements that could be caused by the Theatre Arts Center. Seconded by Brenner. Unanimous. CITY OF NEWPORT BEACH arks,, Beaches & Recreation Commission Page 4 City Council_ Chambers 7 p.m: INDEX Item #7 - Special' Interest_Seminars and Professional Special Services Interest Seminars an Motion x Mr. Mark Deven reported the Recreation Subcommittee met re- Professiona Seconde x ga'rding'the City's,, immunity from liability due to the mis- Services Ayes x x x x x x use of•Cjty property and staff wrote'a report based on input from legal counsel. '-The City'Attorney informed staff that,the City,.as an agency, is iminune from misrepresenta- tion more than individuals. 'The Independent Contractors hold -the City harmless. and indemnify the City. They-.are liable;'the City is not. Concerning advertisements,-a draft must be approved by the Department prior to their distribution.' In addition, all new classes will be reviewed'both by the Recreation Sub- committee and the Commission.'. Mr. Deven further reported that Oasis wants their services retained at any cost and that there is no City liability. 1 An Indemnity and'Hold Harmless Agreement will be developed t for volunteer professional services, i.e., doctors, etc. . Mr. Deven then reviewed the•Recreation'Subcommittee's six recommendations-and noted -that•staff'welcomes direction by the subcommittee. Cho,ir,Wolfe stated that not only ,should the City and its employees be protected, but,that the City's citizens should also be protected. Mr: Deven. reported proof of insurance is usually $1;000,000 in'general' liability which the part -time instructors cannot afford, however, the Department does not want to inhibit services by prohibitive insurance requirements. The sailing program, which 'is in a high risk category, is on a contract basis and does have the $1,000,000 liability insurance. Discussion ensued and Mr. Deven noted that new programs will be brought to the Commission for their review at the November 4 meeting. Commissioner Taft moved to adopt the recommendations as presented. Seconded by Springer. Unanimous. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 5 City Council Chambers 7 'p.m. INDEX Item #8 - Tree Removal Request, 2900 Catalpa Street Tree Removal Motion x Chair Wolfe reviewed the subject request and noted that the Request Seconded x Street Tree Subcommittee voted to retain the tree. The Ayes x x x x x 'homeowner is now asking the Commission to reconsider this Abstain s deci'sibn. Jack Brooks 'reported that, although the tree is close to the sewer line, it does not appear to have done any damage. Commissioner Herberts presented pictures of the tree and said that since the tree is nicely trimmed, is 4+ feet from the sewer line and not causing sidewalk damage, the sub- committee determined that 'the tree be retained. Commissioner Herberts moved the tree at 2900 Catalpa be retained. Seconded by Taft, Motion passes.' Communication will be,transmi'tted to the homeowner regarding the Commission.'s decision and advising that this can be appealed.•to t'he City Council: Item. #g" - P'ublic- Skateboard.Facility Public Skateboard Motion x Ron Whitley briefily reviewed the reasons for a possible Facility Seconded x. skateboard facility which Council has asked this Commission Ayes x x x x x x -to review. Mr. Whitley also explained that other cities have tried' this, however, it is almost impossible to control and the insurance liability is prohibitive. Mark Deven reported the City Ordinance prohibits skate - -boarding on•certa'in designated-grades-and that Councilwoman Hart'has suggested the City, study the establishment of a modest skateboard facility.' Staff has conducted a study of this proposal and has concluded the liability insurance situation prohibits such a facility. Commissioner de Boom motioned to accept staff's recommenda- tion to discontinue further investigation regarding a skateboard facility in Newport Beach. Seconded by Springer. Unanimous. Item #10 - Request for City Removal of Parkway Trees Request for City Remove Motion x Ron Whitley summarized the subject request and pointed out of Parkway Seconded x that if tree removal benefits the property owner, the Trees Ay( x x K x '-x property,owner pays for the cost. Mr. Fullmer is asking Nay—) x the City to pay for the authorized removal which would be $200 each for a total of $400. The Street Tree Subcommittee had approved the removal of the two'trees causing problems. CITY OF NEWPORT BEACH arks, Beaches & Recrea tion Commission Page 6 City Council Chambers 7 p.m. INDEX _ Mr. Forrest Fullmer, 2801 Clay Street, addressed the Commission. He had written a letter in June requesting the two Ficus Nitida be removed due, to their figlet droppings and roots which are causing problems to his landscaping. Mr. Fullmer'stated °that if these trees -are removed,,he would.replace them at his own expense.. He •adde&that his neighbors are in agreement with his tree removal request. Chair Wolfe,announced,he would not be adverse to •the,City paying for-the removal providing Mr. Fullmer pays for two replacement trees•which'are acceptable to the City. Commissioner Herberts reviewed'the-Street Tree Policy and noted that the •subcommittee'recommended removal of the trees and affirmed the neighbors also agreed with the re- moval'. Commissioner Springer voiced her concern -over setting ,a-precedent wherein the City 'pays for tree removals. Following a brief discussion and questions which were answered•by Jack Brooks., Commissioner Brenner motioned the Commisslon•approve the requested tree removals under the C -ity's replacement policy. Commissioner Herberts amended the.motion°to include "if the trees are removed at the `owner's expense." Seconded by Springer. Motion passes. IV. PUBLIC COMMENTS Mr. T. H. Orlando, 15 Balboa Coves, addressed the Commission and thanked them for their time and effort spent on West Newport Park.. Mr. Orlando then referred °to West Channel Park which he feels is too di'rty�' and under utilized. He asked that'the park be revitalized by cleaning the beach up, adding sand where the beach is'dirty and building a retaining wal'l. He also suggested,providing a unisex rest room, one-half basketball court and refurbishing the picnic tables and play equipment. Ron'Whitley, reported that the size of a park dictates the activity at the site, therefore, this 2 acre park is not highly programmed. The equipment rusts easily at this location due to its close proximity to the beach; however, new equipment and refurbishment-can be provided through the Capital Improvement Project program. U CITY OF NEWPORT BEACH \tt°. �oN.� Parks, Beaches & Recreation Commission O y_ Page 7 `J City Council Chambers 7 n -m- INInFY Mr. Steve Prince, Vice President of the-Newport Island •Association, addressed the Commission. He said the City has been good about maintaining Newport Island Park, however, there are certain improvements they would like implemented such as repairing the cracked pavement and general refurbishment. •Chair,Wolfe thanked Mr. Prince for appearing before the Commission and asked him to write a letter listing exactly what they would like done. Chair Wolfe then explained the Capital Improvement process and noted that funds would be avai'labl'e next July. V. DISCUSSION ITEMS Item #11 —Beacon Bay Community Association Beacon Bay Community Ron Whitley referred to a letter from the Beacon Bay Associatior Community Association and reported the Association wants the Eucalyptus Trees along Harbor Island Road removed or trimmed.' They also want the Carob Trees in.the same area pruned. 'In accordance with policy, the City -will maintain the parkway trees and trim the Carob Trees in coordination With the-Association's efforts to improve the aesthetics of Beacon bay. Item #12 - Recreation Program Schedule Recreation Program Mark Deven referred to the ,report, Program Scheduling Schedule Concerns: Working Parents, included in the agenda packet. He. explained that consumer prefdrence is the Department's main concern,-however, sub-.issues do occur-which impact consumer preference, such as facility and instructor availability. Following questions and discussion on weekend /evening classes and School District permits,, Chair'Wolfe thanked Mr. Deven for his report. Item #13 - Status of Capital Projects •Mark Deven reported the Community Youth Center plans are being reviewed and plan check is scheduled for October 24. Ron Whitley reported the architects, Eichenberger, Fenn&Tl'& Associates, are'making plan corrections on Bonita Creek Park. The Public Works Department will soon'be opening bids for 38th Street Park. CITY OF NEWPORT BEACH �j arks, Beaches & Recreation Commission Page 8 City Council IChambers 7 p.m. INDEX Item #14 - Commission Subcommittees. and Liaison Reports Commission Subcommitte Commissioner Springer reported the.liability insurance for and Liaison Oasis will remain the same for next year. The 2,981 paid Reports members will have someone handle the office duties since the volunteers are not working out. There will be an Advisory Committee party from 4 -6 P.M.•on October 10. Commissioner Springer also informed the Commission she has the August 31 balance sheet and the•Board meeting minutes should anyone want to see them. -Ron Whitley -reported the sign program is coming along slowly. The work request was submitted to General Services two months ago and transmitted back to this Department with the suggestion that the'signs be done by an independent contractor. The request was returned -to General Services and-Mr.''Whitley will follow up on'the matter since funds are •avail'able in the Park Improvement.Fund. Chair-Wolfe reported this Commi'ssipn will be reviewing the bicycle trail on Oceanfront, and' wi11•then recommend one of the three alternatives: Item #15.- Recreation Division Recreation Division After Mark,Deven answered•questi-ons on the Recreation Division report, Commissioner de Boom suggested the Cheer - leading Gymnastics class,be offered on each side of the Bay. She also asked that fliers be distributed at the middle schools. In addition, Commissioner de Boom reported that she has had complaints concerning the restrooms at the Pier. Ron Whitley, advised that the General Services Department maintains these and a decision will be•made as to whether they'will be conventional' or unisex restrooms, An update' will be 'provided at the next Commission meeting. ,"Item #16 - Park and Street Tree Division Park and ' Street Tree Jack Brooks reported landscaping has,been completed at the Division Police Department.- Mr. Brooks also answered questions. re- garding replanting costs, etc. Commissioner Herberts commended Mr. Brooks on the beautiful trees along Washington Street. VI. SPECIAL, URGENT OR'LAST-MINUTE ITEMS Item #17 - Nomi'nati'on for Community•Service Award Nomination for Mark Deven•reported that the Newport Beach Aquatics program Community has had a tremendous growth over the past year under Mr. Service Irwin Gellman "s direction. Since Mr. Gellman has donated Award, CITY OF NEWPORT BEACH 0 arks, Beaches & Recreation, Commission Page 9 City Council Chambers 7 o_m_ INDFX many hour's of his time'and effbrt to the group's success, the Commission determined he be honored with a Community Service Award at their next,meeting•on November 4, 1986 Item #18 - Ocean•Boulevard Blufftop Ocean Blvd. Blufftop A Ron Whitley passed out a, letter from Mr,.-Tom Peckenpaugh; 3620 Ocean Blvd:, which addresses his concern over the blufftops along Ocean Blvd. Mr.. Whitley reported, that this, area is the most heavily used from a traffic standpoint and that liability and safety problems exist which will be corrected Without inhibiting views. Following a brief discussion, Mr. Whitley recommended the Commission tour the area and that a detailed report then be'submitted for the 'Capital Improvement - process. The tour was then scheduled for,October 28 at 4:00 P.M. VII. ADJOURNMENT There being no further,business, the Parks, Beaches'and 'Recreation'Commi -scion adjourned at. 9:55 P.M. Dbttie,F1'ohr, Secretary