HomeMy WebLinkAbout11-01-1983 - AgendaCITY OF NEWPORT BEACH
PARKS, BEACHES AND RECREATION COMMISSION
• REGULAR MEETING TO BE HELD TUESDAY, NOVEMBER 1, 1983
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 October 12, 1983
4. Adoption of Agenda
II. ACTION ITEMS
5. Review of Council Policy I -5 (Report attached)
6. Marinapark Study (Bring reports)
• 7. Council Policy I -21 (Memo attached)
III. DISCUSSION,ITEMS
8. 1984 -85 Capital Improvement Proposals (Report attached)
9. Theatre Arts Center�Refurbishment (Verbal report)
10. Beach Subcommittee (Verbal report)
IV. INFORMATION REPORTS
11. Park and Street Tree Division (Report attached)
12. Recreation Division (Report attached)
V. SPECIAL, URGENT OR LAST MINUTE ITEMS
VI. ADJOURNMENT
r- CITY OF NEWPORT BEACH
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Motion
Seconded
Ayes
Motion
Seconded
Ayes
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Item No. 3
P Parks, Beaches & Recreation Commission
NG October 12, 1983
.VVo�. City Council Chambers 7 p.m. INDEX
Ex- Officio member present: Ronald A.;Wh'itley
Staff present: Tom Line, Recreation Superintendent
Dottie Flohr, Secretary
I. PROCEDURAL MATTERS
Item #1
Cal'1 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. de Boom, Cohen, Hopkins, Springer and
Stuart were present. Capretz and King were absent. Chair-
man Hopkins moved that Capretz and King's absence be
excused due to the meeting being rescheduled. Cohen
seconded. Unanimous.
Item #3
Approval of
x
Minutes
x
Motion was made by de Boom and seconded by Cohen to approve
x
x
x
the minutes of the September 6, 1983 meeting. Unanimous
Item #4
Adoption of
x
Agenda
x
The agenda was adopted as presented.
x
x
x
II. ACTION ITEMS
Item #5 - Presentation of Community Service Awards
Presentation
of Community
Hopkins summarized the outstanding contributions Brion
Service
Jeannette, Bonnie Jeannette, Gale Demmer and toward Holden
Awards
volunteered towards refurbishing the Riverside Drive Scout
House. Tom Line took pictures of each of them as Cohen
presented their Community Service Award plaques.
Brion Jeannette gave special thanks to Ron Whitley and Jack
Brooks for their help on the project. Gale Demmer thanked
the Commission for trusting them to do the job and giving
them the chance to do it. Howard Holden thanked the Mayor,
Commission and his colleagues for making the project possible.
Special thanks was also given to Marilyn Cyprien for her
outstanding contribution on a volunteer basis in the office
during the busy summer months. Cohen presented her with the
Commission's Community Service Award as Tom Line took her
picture.
Motion
Seconded
Ayes
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CITY OF NEWPORT BEACH
n Parks, Beaches & Recreation Commission
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O�, City Council Chambers 7 p.m. INDEX
Item #6 - Balboa Boulevard Improvement
Balboa
Boulevard
x
Ron Whitley reported that other than the report by the sub-
Improvement
x
committee and the EIR draft, there is also a feasibility
x
x
study on the Balboa Boulevard improvement. Ron thanked the
subcommittee consisting of de Boom and Springer for bringing
into focus the specific concepts and stated that he agrees
with their recommendations. Following questions and
discussion, Cohen moved the Commission accept the proposed
plan as presented. Springer seconded. Unanimous.
III. INFORMATION REPORTS
Item #7 - Recreation.Division
Recreation
Division
Tom Line explained why we didn't have the use of a Shields
boat normally borrowed from Orange Coast College, the result
of which was an approximate loss of $2000 this past summer.
He has been in communication with the college and it appears
we will not have the use of a Shield again next summer. Tom
also explained the agreement we have with Orange Coast
College concerning a Shield boat, our use of their sailing
base, etc. Ron Whitley suggested we either cancel the agree-
ment or rewrite it. Following discussion by staff and the
Commission, it was decided that we meet with Orange Coast
College and bring the various alternatives back to the
Commission for their recommendations.
Item #8 - Park.and Street Tree Division
Park and
Street Tree
Ron Whitley pointed out that we have doubled our production
Division
of tree trimming due to the use of chain saws and the fact
that we use 3 to 4 units of crews on one street. There will
be a meeting on Friday, October 14, on West Newport Park.
The plan will come back to the Commission.
Ron reported the contractor is 231-2 months behind at San Miguel
Park due to subcontractor problems. Construction at the
Theatre Arts Center should be.completed by the end of October
IV. SPECIAL, URGENT OR LAST MINUTE ITEMS
Hopkins requested the Commission take another look at the
Marinapark Study. Ron Whitley reported that Tom Line, Jack
Brooks and he will meet on Friday, October 14, to put to-
gether all the capital improvement items for the next .fiscal
year. This would pertain to both new developments and
refurbishments. They will give thi's information to the
subcommittee in order to make an initial list to give to the
Commission at their next meeting on November 1, 1983. Ron,
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
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City Council Chambers 7 p.m. INDEX
asked that the Commissioners call either Cohen or himself
if they want to add any input.
V. ADJOURNMENT
There being no further business, the Parks, Beaches and
Recreation Commission adjourned at 8:15 P.M.
Dottie F o r, Secretary
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(r OPINION FROM
• OFFICE OF THE CITY ATTORNEY
October 13, 1983
TO: 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 religious 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.
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 I -5, and /or if you wish to discuss the
matter further, please advise. Thanks.
MEB /Whitley
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• 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-
nated representative.
RESTRICTIONS ON USE:
Permission to use the facilities will not be granted to an individual or
a group representing a single political party. In the interest of civic
enlightenment and public education, a reservation may be granted for a
political meeting provided two or more opposing factions are invited
and /or represented at the given meeting.
Fermisaien -will -not -be - granted - for- ehureh -sere ices,- finnday-- Se+leai- eiasses
or- forma} -re } #g }ens- meet #ngs:-- Reservatfons- may -be- granted- to- reiigions
groups-or-organiaatione-mhercin- the -natnre- of-the- meeting- mi33- be- recrea-
tiona } -er- social- natnre- and -will- net - #twelve- eee -lesiastieai- doctrine.
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:
1. 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
Parks, Beaches and Recreation Department.
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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.
4. Official School District sponsored programs and activities,with
which the Parks, Beaches and Recreation Department has reciprocal
facility -use agreements,.
5. Individual Newport Beach residents.
6. Official public agency sponsored programs and activities not included
in the above categories.
7. 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 #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 ¢gill 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:
I. 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.
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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„ 19.79
Amended -
February
9, 1981
Amended -
November
23, 1981
Amended -
October
12, 1982
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Item No. 7
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
October 25, 1983
TO: RON WHITLEY, P, B & R DIRECTOR
FROM: City Manager
SUBJECT: COUNCIL POLICY I -21
The City Council, during review of your recom-
mended changes of July 21st, requested further clarifica-
tion as to why the Commission would recommend that races
be deleted between June 15th and September 15th. Please
review with your Commission the rationale for this deletion
and determine if the Commission still recommends no races,
during summer months. Several members of the Council opined
that the summer months would be the best months for the
races.
• If you could give me a report prior to November
14th, I will pass the report on to the City Council.
e)- w
ROBERT L. WYNN
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Item No. 8
�! CITY OF NEWPORT BEACH
. Parks, Beaches & Recreation Commission
DATE: October 26, 1983
TO: Parks, Beaches & Recreation Commission
FROM: Capital Improvements Subcommittee
SUBJECT: 1984 -85 Capital Improvements Proposals
The subcommittee met with staff on October 25, 1983 to initially
review and prioritize proposals for 84 -85 funding. This year's
appropriation totaled $512,000 for ten projects for comparative
purposes.
This is a tentative list and can be added to, deleted from, and altered
as the Commission determines advisable. We look forward to the process.
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Rae Cohen
Earle King
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CITY OF NEWPORT BEACH
Y Parks,, Beaches and Recreation Commission
• CAPITAL IMPROVEMENT PROPOSALS 1984 -85
1. Park Facility Improvement Fund
Cost: $30,000
2. Community Youth Center - 5th and Iris, Corona del Mar
Project to include demolition of-existing building and
construction of new 4,000 s.f. building on City property,
new tot lot, landscaping and site development.
Costs: 4,000 s.f. @ $75.00 = $300,000
Playground equipment = 20,000
Landscaping = 50,000
Site development = 30,000
TOTAL: $400,000
3. OASIS Senior Facility - 5th and Marguerite, Corona del Mar
Refurbishment of 4 existing restrooms
Cost: $24,000
• 4. Mariners Park - Irvine and Dover
Night lighting of multi- purpose ball diamond
Cost: $70,000
5. West Newport Park
Continuing landscape development
Cost: $200,000
6. Ocean Front Volleyball Posts
Replacement of wooden volleyball posts with 4" steel standards at
60 locations
Cost: $35,000
7. Eastbluff Park
Second phase of irrigation refurbishment
Cost: $75,000
• 8. Eastbluff Park
Restroom replacement
Cost: $50,000
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9. Cliff Drive Park
• Refurbishment of upper part of park site.
Cost: $60,000
10. Irvine Terrace Park
Second phase of redevelopment
Cost: $50,000
11. Irvine.Blvd.. Traffic Median
Cost: $60,000 w /Costa Mesa ?
12. OASIS Senior Facility - 5th and Marguerite, Corona del Mar
Shade cover for new shuffleboard courts
Cost: $8,000
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Item No. 11:
PARK AND STREET TREE DIVISION
OCTOBER, 1983 PROGRESS REPORT
Our Park Crews performed the following tasks during the month of
October:
Removed old asphlat basketball court at Buffalo Hills Park.
Trimmed shrubs between Breakers Drive and Corona-del Mar:Beach.
Finished retaining wall along the garden plots and built
a storage bin at OASIS.
Removed bamboo and sprayed plant material in Buck Gully..
Dug out and graded areas for Bomanite around City of
Newport Beach signs on Irvine Avenue and Jamboree Road
as well as added to existing Bomanite to two traffic
islands on Ford +Road.
Our Street Tree Division performed the following:
Trimmed 1,283 trees.
• Removed 25 trees.
Root pruned'17 trees.
Completed 10 work requests.
'.Spyglass Hills and Cameo Shor..es.areas have been trimmed. Harbor View Hills
and Sandcastle Drive Eucalyptus trees are presently being trimmed.
MR.
ffllnldMCEMI
MeMn
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RECREATION DIVISION
OCTOBER, 1983 PROGRESS REPORT
Youth and Adult Sports
Classification games for the upcoming
completed. Twenty nine (29)_basketba
have been placed in leagues according
began the week of October 20 and will
Mar High School and Ensign School are
bal'1 games are being played at Corona
Item No. 12
basketball and softball seasons have been
11 teams and forty two (42) softball teams
to their playing abilities. League play
continue through December 29. Corona del
being used for basketball games while soft -
del Mar, Ensign and Lincoln Schools.
Boys Flag Football registration is significantly down at this time. Last year
there were 152 boys in the program and we are not close to that figure at this
time. Conceivable reasons as to why registration is down seem to suggest Junior
All American Football and•AYSO are hurting our program. Further evaluation will
be forthcoming.
Aquatics and Sailing
Second session sign =ups for sailing are beginning slowly. Special publicity
announcements will go out to•try and improve our registration. Our swimming
program has only a few more classes to go at the 50 meter facility. All problems
with the school district have been resolved to the point that classes should take
place on time for the rest of the session.
• Facility rentals are up significantly this fall and there is no particular reason.
Hopefully, community people are becoming acquainted and educated in facility rental
policies.
The aquatics, sailing and maintenance section ran an excellent special event on
October 21. The event was the Newport Beach City Golf Championship held at
Irvine Coast Country Club. The special event was a great success and the tourna-
ment attracted 144 participants. Awards were given out to various divisions and
handicap winners. Overall champions were also given plaques. The Irvine Coast
Country Club was a gracious host and served excellent lunches and hors d'oeuvres
after the golf tournament. Any problems associated with the tournament were only
minor and did not distract from the event.
The Chairman of the Parks, Beaches and Recreation Commission was on hand to partake
in the festivities and to give out the awards.
Future activities that we "will• 'soon-be concerned with include ski trips and various
other excursions.
Special Activitv Classes
Winter brochure information has been given to the printer for the purpose of getting
xerox:copies. Each Supervisor -and the Recreation.Divis{i.on will soon proofread
each of his/,her sections so we can meet the due.dates of the printer. 'J., J
On October 23 the City put on the Corona del Mar Five Mile Run that was a huge
success. Approximately 750 runners energetically pranced down the streets of Corona
del Mar. The technical side of the 5 miler was well planned and everyone was happy.
Hopefully, the residents of the community enjoyed it as much. The event was co-
sponsored by the Corona del Mar Chamber of Commerce and we utilized many of their
volunteers.
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Classes are continuing in fine fashion and an accounting as to cost and revenue
to the City for this registration will be in subsequent reports.
• Programs upcoming are an excursion to the Garment District and the Rent -a -Santa
program during Christmas.
Senior Citizens
The OASIS Center was again busy during the month of October programming excellent
activities.for Newport's senior citizens. New programs and classes included a
conversational'Spanish class and square dancing,, both taught by volunteers.
The Health fair held on October 1 was extremely successful and because of its
success will become an annual event at the OASIS Center.
Other events during the month of October that were extremely successful included
an Advisory Council meeting of Orange County Senior Citizens. The meeting took
place on October 14 and was a.day long event. All of the advisory members raved
about OASIS.
Other events include lectures on computers and four comedy nights. The three
computer lectures had 130 people in attandance. On October 21 OASIS had a shared
housing mixer and this event will be held every month. A Halloween party is
scheduled for October 29 and it should be strongly attended.
The fall classes at Coastline College for the senior citizens are being excellently
attended. There have been some drops and additions to these classes.
• Upcoming and special events at OASIS in November include the following:
1. Cocktail party for Advisory Board members. on November 3.
2. Party for press will be November 4.
3. Neighborhood Watch Program on 'November 5.
4. "Hold Me ",on Sunday, November 6, from 2 P.M. to 4 P.M.
5. Thanksgiving dinner on-November 20 from l P.M. to 3 P.M.
6.. Piano and organ recital on November 27 from 2 P.M. to 4 P.M.
Tom Line
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