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