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HomeMy WebLinkAbout20 - Kring & Chung Triathlon Special Event Permit DenialP CITY OF NEWPORT BEACH • CITY COUNCIL STAFF REPORT Agenda Item No. 20 March 28, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation and Senior Services Marie Knight, Director 644 -3157 — mknight @city.newport- beach.ca.us City Manager Homer Bludau 644 -3000 – hbludau @city.newport- beach. ca. uc SUBJECT: Appeal of Staff Decision of Denial of Special Event Permit Application for Kring & Chung Triathlon proposed to be held on Sunday, May 21, 2006 ISSUE Should the City Council overturn the City staffs denial of the Special Event Permit (SEP) application for Kring & Chung Triathlon? RECOMMENDATION 191. Conduct appeal hearing; 2. Uphold staffs decision to deny SEP application; OR 3. Overturn staffs decision to deny SEP and approve the permit application. DISCUSSION: On March 16, 2006 the City Council received an appeal (Attachment B) to staffs decision to deny a SEP application for the Kring & Chung Triathlon (KCT). Staff has reviewed the appeal letter filed by KCT and request the City Council uphold denial of the KCT special event permit. In staffs opinion the appeal does not provide any evidence or information that is sufficient to overcome the stated reasons for denial of the application. The information in this staff report provides the necessary background information to place the appeal letter and other allegations made by the event sponsor in context so that the City Council and the public will understand the basis for the denial of the permit. Staff will provide additional information at the March 28 meeting that will further address the points raised by the appellant. This staff report will address the following issues relative to this appeal: 1. Staffs position on the denial 2. Overview of City SEP Policy and Process 3 Overview and history of KCT 4. Background for Denial of the 2006 SEP application 5. Denial of 2006 SEP application Appeal of Staff Decision of Denial of Special Event Permit Application for Kring & Chung Triathlon q March 28, 2006 Page 2 • 1. STAFF POSITION SUMMARY Staff believes a triathlon (swim, bike run event) on this course creates too many unmitigatable impacts on residential neighborhoods and normal traffic circulation patterns in the area to be permitted regardless of who the event manager is. It is a matter of simply being the wrong event for this general location of the community. The problems with how this event has been managed previously worsens an already bad situation in terms of the course layout, street closures and detours: however, even if the event was managed well and all of the City conditions followed, it would still be a very difficult event for the thousands of residents and visitors alike who are significantly inconvenienced by this event. 2. OVERVIEW OF CITY SPECIAL EVENT PERMIT PROCESS AND POLICY The Special Event Permit (SEP) process is governed by the Municipal Code Chapter 11.03. (Attachment A),which has the stated purpose and intent as: To provide regulations allowing for special events while mitigating impacts on residents, visitors and businesses, maintaining traffic circulation, and ensuring public safety. Each year an average of 348 SEP applications are received by City staff and processed for • events as large at the Race for the Cure which serves over 35,000 people to small private events. All of these events are produced by non -profit or commercial entities as in the case of the KCT. There are three levels of review and approval provided within the City's process and the level of the application is determined by a number of factors including the duration of the event, number of participants, any road closures, use of public right -of -way, and City services required. Level 3 events are determined to have the greatest impact on the community and are reviewed for approval by the following departments or divisions: Police, Fire, Public Services, General Services, Revenue, Building, Code Enforcement, Planning, Risk Management, and Recreation. Each department provides staff who review the proposed application against criteria established in the Special Events Policy to confirm that there are no issues which would negatively impact public safety, traffic, or put the City in a position of high risk and /or issues that would negatively impact the community. The input is collected by Recreation, and, if the event is approved to move forward, are included into conditions of the permit for the event holder to agree to and follow. If it is felt collectively by staff that there are too many issues related to an event that have negative impacts, the application is denied by the Recreation and Senior Services Department. The Recreation & Senior Services Department began overseeing the SEP process in 1995; prior to that time the process was handled by the Revenue Division. Since then, staff has seen a steady increase in the number of permit applications as well as problems related to enforcement and noise issues, inter - departmental coordination, applicant compliance and cost recovery. • Appeal of Staff Decision of Denial of Special Event Permit Application for Kring & Chung Triathlon March 28, 2006 Page 3 • In March 2004 the Council approved a new SEP Ordinance outlining a process to address the numerous issues that had been identified by the various departments, and to streamline the process to provide greater efficiency for both staff and the applicant, and finally, to create a more coordinated effort among the various City departments who review, approve and monitor the permits. Once this new Ordinance was adopted all current and annual event holders were notified of the new process. In addition to the new Ordinance, several other policies were initiated with respect to the SEP process. The first was a revision of traffic control requirements for special events that mix pedestrian and vehicular traffic calling for the use of water filled barricades or similar type barricades to protect pedestrians from errant vehicles. This new policy was instituted after the unfortunate circumstances at the Santa Monica Farmers Market where several pedestrians were killed. Second, staff added a requirement that a registered traffic engineer prepare, sign and stamp Traffic Control Plans (TCP) for all new events or changes to routes on existing events which have closure on major arterials. This policy was added in response to the increasing amount of time City staff was spending preparing TCP for events, some of which, as is the case with the KCT, are commercial ventures. Finally, the policy was added that a certified engineer prepare and approve plans for any temporary structures to be added to an event venue such as bleachers, stages, etc. This again was in response to the vast amount of staff time spent going back and forth to a venue to inspect the work of a contractor — sometimes a half a dozen visits were necessary, to be sure that these structures were built to specifications that we did not create. Both this situation and .our preparation of the TCP left he City open to greater liability that we should not have to incur for outside events. Again, all current and annual event holders were notified of these new policies. It should be noted that with the exception of the KCT ALL annual event holders implemented these changes readily without complaint. 3. OVERVIEW AND HISTORY OF THE KRING & CHUNG TRIATHLON The Kring & Chung Triathlon has been conducted in the City of Newport Beach for 28 years. This event consists of a''Y2 mile swim, 12 mile bike course, and 3.1 mile run. The route used the past two years (Attachment C) is as follows: Swim Course: 112 mile -A rectangle shaped course in the Newport Dunes area of the Back Bay. Bike Course: 12 miles - From Back Bay Drive bikers exit and make a left on Jamboree. Then would turn right on Santa Barbara, right on Newport Center Dr, left on Farallon, left on Avocado, left on San Miguel, right back onto Newport Center, right on Santa Rosa, left on Center Dr., left on San Simeon, left on Newport Center. They then follow the same route back to Santa Barbara, They do this same loop around fashion island a total of 3 times then back onto Santa Barbara, left on Jamboree and back to the Dunes. Run Course: 5K (3.1 miles) -The run course is an out and back on Back Bay Drive. Runners follow Back Bay Drive just past Big Canyon Gully. Turn around and finish • right in front of the dunes Appeal of Staff Decision of Denial of Special Event Permit Application for Kring & Chung Triathlon March 28, 2006 Page 4 • From 1984 to 2003 the Triathlon used a route that is shown on Attachment D. This basic route, referred to as Route 1, seemed to work for many years. However, as you can imagine, our community has changed significantly in the past 19 years with a number of new neighborhoods opening along this route. As the community grew, so did the challenges of mitigating the impact to our residents from this event. City staff who have worked with this event for 20 years relate that as our community changed, changes to this route had to also take place over the years After the 2003 event, it was determined by staff that Route 1 no longer was feasible and there were too many safety issues and negative impacts on the community. Event organizers were told of this decision and meetings were held to discuss other possible routes. The 2004 and 2005 events utilized Route 2 which is shown in Attachment C. Staff has outlined the history of this event for the past four years including the problems and issues that arose each year and the extensive communication and staff time this event has taken in Attachment E. This history demonstrates the problems related to both routes that this event has used as well as the event organizers inability,to work within the City's policy and procedures and follow the conditions established for a Special Event Permit. As such, this event continues to be a burden on City staff. As a point of reference, in 2005 staff spent over 92 hours working on the KCT application and event as compared to 38 hours on the Taste of Newport and 28 hours on the Race for the Cure. 4. BACKGROUND FOR DENIAL OF THE 2006 SEP APPLICATION After the 2005 event and based on the problems experienced in 2005 and those from the three years prior, staff determined that this event is too problematic and has too many negative impacts on the community that cannot be easily mitigated. As was stated in the beginning, our community has grown in the past 28 years, and staff collectively, including Police Department personnel, do not believe there is an acceptable route in the City that can accommodate such a large event without dramatically impacting residents and businesses. Staffs decision was based on the following factors: Major road Closures Necessary for event. This event is the ONLY Level 3 event that requires multiple major arterial roads in our community to be closed. Attachment E outlines all of the Level 3 annual events with their attendance and necessary road closures. Unlike any other event in the City, this event requests the closure of Back Bay Drive, Jamboree Road and Newport Center Drive. Typically, a large event in this area will utilize just Back Bay or just Newport Center for closures, with the public able to fairly easily move around the closures. For example, the Race For The Cure, with over 30,000 participants, only has closures in Newport Center Drive. In contrast, this event, with about 800 participants (2005 figure), shuts down a much larger area, for a significantly fewer number of participants, and with a greater negative impact on the public in general. And the combination of swim, bike and run phases of the event create a greater lag time between the superior and novice event participants. Appeal of Staff Decision of Denial of Special Event Permit Application for Kring & Chung Triathlon March 28, 2006 Page 5 This event requires Jamboree Road to be closed for between 3 and 4 hours depending on how fast the participants make it through the course. This event also only allows one road into the Fashion Island area and the same road out. Staff feels that these closures present too many traffic concerns. Negative Impact to the residents, businesses and visitors: Route 2, the route used in 2004, 2005 and proposed for 2006, negatively impacts the following communities, businesses, events and residents by the road closures required for the triathlon's traffic plan: - The Back Bay Cafe - Newport Dunes access and boat launch - Bay View Senior Housing on Back Bay - Villa Point community - Hyatt Regency Hotel - Palisades Tennis Club - Island Lagoon community - Harbor Cove community - Park Newport Apartments - Newport Beach Police station - Newport Beach Fire station #3 The Colony Apartments - Marriott Hotel - Fashion Island businesses and employees - Newport Center commercial office buildings 24 -Hour Fitness Public access (bikes, walkers, joggers, etc.,) to Back Bay Drive Balboa Island residents and businesses Residents attending church services Sunday morning Many of the residents are locked in until after the event and each year the police personnel on duty at the race are barraged with complaints from angry citizens who are inconvenienced. Two other Level 3 events are planned for the same day and would be negatively impacted by this event. There are two community sponsored events already taking place in the same area on the same date. First, the 2006 Lexus Jazz Festival at the Hyatt Regency Hotel at 1107 Jamboree Road is being held the same weekend. This community event is attended by up to 10,000 people over the weekend, from Friday, May 19th - Sunday, May 21 st. The only access to this event is via Jamboree Road. Though the gates open at 9:30 am, according to the Hyatt customers attending the Jazz Festival, which they estimate to be between 5,000 — 6,000 on Sunday, begin arriving as early as 5:00 am to get in line for the best choice of seating. This would not only create a significant conflict if Jamboree Road was closed for the triathlon, but could very well be • viewed by the public as "poor planning" if allowed to occur. Appeal of Staff Decision of Denial of Special Event Permit Application for Kring & Chung Triathlon March 28, 2006 Page 6 Also, it is important to note that for the past two years the Jazz Festival and KCT were held on different weekends: the two have never co- existed while the KCT used Route 2. Secondly, the Balboa Island Art Walk will be held on Balboa Island from 9:00 am to 5:00 pm on May 21st. This community -wide event is sponsored by community members and is attended by many thousands of visitors and community members (4,000 attendance). The primary road to Balboa Island from the north is Jamboree Road. This creates a significant conflict if Jamboree Road were to be completely closed for the triathlon at the same time artists, volunteers and the public are trying to get to the Art Walk. Also, those traveling to Balboa Island by bicycle from the north would likely use Back Bay Drive, which also would be closed for the triathlon, again creating a conflict. The Police Department already commits three officers to the Balboa Island Art Walk. Event organizers failure to follow permit conditions in the past. As outlined in the May 10, 2006 letter of Denial of the SEP application for the KCT 2006 event, the event organizer failed to comply with several conditions of the permit issued for the 2005 event. Some of these conditions - such as their failure to comply with the having well trained volunteers manning critical areas of the course - speak directly to the event operator's inability to follow safety procedures that City staff feel are imperative to conducting this event. Failure to comply with event conditions and in previous years as has been documented in Attachment E is one of the main grounds outlined in the City Special Event Policy for denial of a permit application. 5. DENIAL OF 2006 SEP APPLICATION The City Manager contacted KCT organizers by phone in June, 2005 to let the organizers know that it would be highly unlikely that this event, given the past problems, would be approved again. Staff felt that the organizer was given plenty of time to find a more suitable location. The operators of the KCT chose not to heed this advice and continued to plan their event here in Newport Beach. The KCT was again notified by letter dated October 28, 2005 that the event they were planning and already advertising on their wr)b site had not been approved and was highly unlikely that it would be able to take place. Again they were urged to find another suitable location. On December 1, 2005, Jack Caress sent a letter to the City Manager in which he stated with respect to the course that had been used for the 2004 and 2005 race: "To be candid, the course has proven less than desirable for all concerned." On January 11, 2006, the City received a SEP application from KCT proposing that they return to the previously used route that includes the problematic 73 FWY. KCT was notified that the application was deemed incomplete as it was missing several important elements, specifically • that the TCP did not address the closure of the southbound 73 FWY off ramp at University Drive. Appeal of Staff Decision of Denial of Special Event Permit Application for Kring & Chung Triathlon March 28, 2006 Page 7 • Nor did it address the changes that have occurred on Back Bay Drive with he new Senior Housing project. In addition, the application was missing a detailed plot plan of the course. There was no way staff can review an event for safety impacts without these items. Rather than supply the necessary documents and changes to the TCP as requested, Mr. Caress chose to send a letter outlining his reasons why he felt that KCT did not have to comply. Based on their failure to comply, the KCT SEP application was denied. On February 27, 2006 KCT submitted a new application with a TCP showing the course that had been used for the past two years and the one which Mr. Caress called 'less than desirable'. Staff reviewed the application and it was denied. On March 14, 2006 KCT appealed the denial. Attachment G outlines all of the correspondence sent and received with respect to the denial of the 2006 SEP application. Again, in staffs opinion the appeal does not provide any evidence or information that is sufficient to overcome the stated reasons for denial of the application. Staff will provide additional information at the March 28 meeting that will further address the points raised by the appellant. •Su miffed By: M rie Knight, Dir�ctor Recreation and Senior Services Attachments: A Chapter 11.03 of the Municipal Code: Special Events B March 14, 2006 letter of appeal filed by KCT C Route 2 used for the triathlon for 2004, 2004, and proposed for 2006 D Route 1 used for the triathlon from 1984 — 2003 E History of the triathlon from 2002 — 2005 F Level 3 Annual Special Events in Newport Beach G Correspondence regarding 2006 SEP application: 1. July 1, 2005 — City response to KCT Public Records Act Request 2. July 6, 2005 — City response to KCT Public Records Act Request 3. October 28, 2005 - Letter from Homer Bludau to KCT 4. December 1, 2005 - Letter to Homer Bludau from KCT 5. December 19, 2005 - Letter from Homer Bludau to KCT 6. January 9, 2006 — Letter to Homer Bludau from KCT 7. January 17, 2006 — Letter from Marie Knight to KCT 8. January 26, 2006 — Letter to Marie Knight from KCT 9. February 7, 2006 — Letter from Marie Knight to KCT 10. February 27, 2006 —SEP 11. March 10, 2006 — Letter from Marie Knight to KCT Chapter 11.02 AMUSEMENTS AND DANCING — HOURS' Sections: 11.02.010 Prohibited Hours. • For regulations pertaining to cafe dances — See Chapter 5.32. 11.02.010 Prohibited Hours. No person shall carry on, or assist in carrying on any amusement, or entertainment to which the public is invited, or in which the public may participate, or any public or semi- public dance, at any time between the hours of two a.m. and seven a.m. of any day. (1949 Code § 4220) 11.02.010 Chapter 11.03 SPECIAL EVENTS Sections: 11.03.010 Purpose and Intent. 11.03.020 General Provisions. 11.03.030 Definitions. 11.03.040 Types of Special Event Permits. 11.03.050 Standards and Requirements. 11.03.060 Permit Review Procedures. 11.03.070 City Services Deposits and Damage Reimbursement for Certain Special Events. 11.03.050 Indemnification Agreement. 11.03.090 Revocation of Permit. 11.03.100 Appeals from Action of the City Manager. 11.03.110 Permits and Fees Not Exclusive. IF i 11.03.010 Purpose and Intent. To provide regulations allowing for special events • while mitigating impacts on residents, visitors and businesses, maintaining traffic circulation, and ensur- ing public safety. (Ord. 2004 -4 § I (part), 2004) 11.03.020 General Provisions. A. Permit Required. No person shall conduct. operate, maintain, or organize any special event regu- lated by this chapter and no person shall allow the use of their premises for such a special event, without first obtaining a special event permit in accordance with this chapter and paying the required fee. B. Applicability. These regulations shall apply to the following special events: I. Outdoor concerts and other entertainment. public or semi - public, dance, recreation, or sporting events. 2. Circuses, carnivals, fairs and festivals. 3. Farmers' markets and swap meets. 4. Walks, runs, athletic events, bicycle and ve- hicle races not exempted under subsection C of this section. 5. Organized /Sponsored Vehicle and boat shows. 349 (Newport Beach Supp. No 7, 5 -0E) • I� • "Operate" means to manage, stage, promote, spon- sor or carry on a special event. "Operator" means the person who manages, stages, promotes, sponsors or carries on a special event. "Outdoor(s)" means any place other than in a per- manent building. Outdoor(s) shall include tents. canopies and temporary structures. "Person" includes an individual, corporation, part- nership, trust, non - profit organization, association, group or other business entity or organization. "Reviewing Authority" means the person or body authorized under the provisions of this chapter to re- view and act upon a special event application, i.e. either a specified staff; Department Director or the City Council. "Special event" means any special event described in Section 11.03.020(B). "Title 20" or "Zoning Code" means Title 20 of the Newport Beach Municipal Code. (Ord. 2004 -4 § 1 (part), 2004) 11.03.040 Types of Special Event Permits. A. Special Event Permit. Special event permits are for one -time events and for events which may recur but which are scheduled individually. B. Bundled Events Permit. Bundled event per- mits are for multiple events scheduled over a one year time period by one Applicant. The permit may cover one event that recurs during the year or a vari- ety of events similar in nature during the year, such as weddings, anniversaries and birthday parties. Up to twenty (20) events could be scheduled under a sin- gle bundled event permit and there is no limit as to the number of bundled event permits one venue can apply for in a given year. (Ord. 20044 § I (part). 2004) 11.03.050 Standards and Requirements. A. Duration of Events. Events lasting more than thirty (30) consecutive days shall be deemed "tempo - ram land uses" and shall be regulated by Section 20.60.015 of the Zoning Code (Title 20). B. Event Site and Hours of Operation. Special event activities shall be limited to the areas so desig- 1 1.03.030 nated in the permit approval. Special events shall not be conducted between the hours of eleven p.m. and seven a.m. unless the Reviewing Authority deter- mines that other hours of operation will not result in conditions materially detrimental to nearby property owners, residents, or businesses; or to public health or safety. C. Other Requirements. In addition to the re- quirements set out in this section, the Reviewing Au- thority may also impose conditions of approval relat- ing to use of City beaches, fire protection, traffic, parking, security, dust control, water quality protec- tion of the bay and ocean, noise temporary structures. signs and banners, outdoor lighting, insurance, and other matters deemed by the Reviewing Authority to be necessary for protection of public health, safety and general welfare. D. Use of Fireworks. Any special event, includ- ing special events otherwise exempted from the pro- visions of this chapter under Section 11.03.020(C) that involve the use of fireworks shall require written approval by the City- Manager. subject to approval of the Fire Chief and Police Chief. E. Overnight Habitation. If a special event re- quires overnight habitation of the site by security-, caretaker, or other personnel. the overnight facilities shall be so identified and approved in the permit. Approval of the facilities by the County Health Offi- cer may also be required, (Ord. 2004 -4 § I (part), 2004) 350a 11.03.060 Permit Review Procedures. A. Reviewing Authority. All Applicants for special events regulated by this chapter shall apply for a permit from the Recreation and Senior Services Director. B. Application Filing. Applications for special events shall be made in advance of the start of the special event. Applications shall be submitted to the appropriate Director, not less than the number of days established by resolution of the City Council. The City Council Resolution shall establish time pe- riods for applications to be submitted sufficient to allow for review of completed applications depend- (Newport Beach Supp. No. 7, 5-04) event permit, with or without conditions, unless he or she finds that: a. Special review ofthe proposed special event by the City Manager is required under subsection G of Section 11.03 -060; b. One or more of the standards of Section 1 1.03.050 of this chapter are not met; C. The special event will cause substantial traf- fic, safety or health hazards within any area of the City: d. The special event will cause excessive noise impacts that will be materially detrimental to the general public, property owners, residents. or busi- nesses near the special event site or route; e. The special event is scheduled to occur at a location and time in conflict with another special event scheduled for the same day or weekend and such conflict will create conditions material])' detri- mental to the general public or to nearb% propert) owners. residents, or businesses - or %could ad- versely impact the City's ability to provide ade- quate services; f. The special event is proposed to be located in or upon a building or premises which is hazardous to the health or safety ofthe special event attendees un- der the standards established by the Uniform Building or Fire Codes: L. The time, route, or size of the special event is reasonably likely to substantially interrupt the safe and orderly movement of traffic contiguous to the special event site or route, or disrupt the use of a street at a time when it is usually subject to great traf= Fie congestion: or the special event is not reasonable likely to mo%'e from its point oforigin to its point of termination in four hours or less: h. The concentration of persons, animals and vehicles at the site of the special event. or the assem- bly and disbanding areas around a special cent. is reasonably likely to prevent proper police, fire, or ambulance services to areas contiguous tothespecial event: i. The size of the special event is reasonably likely to require diversion of so great a number of police officers ofthe City to ensure that participants staff within the boundaries or route of the special 11.031.060 event, or to protect participants in the event, as to prevent normal protection to the rest of the City. Nothing herein authorizes denial of permit because of-the need to protect participants from the conduct of others. if reasonable permit conditions can he im- posed to allow for adequate protection of special event part icipants with the number ofpolice officers available to police the special event: j. 7'he location ofthe special event is reasona- hlv likely to substantially interfere with anyeonsiruc- tion or maintenance work scheduled to take place upon or along the Cite streets- or a previously granted encroachment permit: k. The special event lacks adequate parking for emploeees and the public attending the proposed event under the applicable standards of Chapter 20.66 of the Code. except %%'here the special event is part of an existing legal nonconforming use with re- spectto parkin!L: 1. The application is made b an Applicant for a special e% cut where conditions ofa pre% ions permit issued to the Applicant were %iolated, or where any City ordinance. rule or regulation was violated: M. The special event is in conflict with applica- ble provisions ofany federal. state and!or local la«s'. n. Information in the application or supplemen- tal information is found to be materially false or mis- Icading: and o. The special event will have an adverse effect on the health. .safety or welfare ofthe public. The Director shall approve. conditionally approve. or deny an application on one or more ofthe grounds specified above. 'The Director shall act as expedi- tiously as possible and.. in any case: (i) no later than thirty (30) days after the Director received a com- pleted application pursuant to subsection (E)( I ) above. If the application is denied or approved on conditions other than those accepted by the Appli- cant, the Director shall inform the Applicant ofthe grounds for denial of the application in writing. or the reason for the conditions imposed, slruullane- ouslv with notice of the decision. and shall further inform the Applicant of his or her right of appeal. If the Director relied on information about the spe- cial event on other than that contained in the applica- 350c ole,pwu Beach Svpp. No 7. S -Oa i E r -1 LJ Uj 0 13. Refund. The City services deposit shall be refunded after the special event %%hen in the opinion of the Director the area used for the permitted special event has been fully cleaned and restored to the same condition as existed prior to the special event. If the actual cost for cleanup is less than the estimated cost; the Applicant will be refunded the difference. C. If City property is damaged or destroyed by reason of the Operator's use. special event or activ- ity. the Applicant or Operator shall reimburse City for the actual cost of replacement or repair of the damaged or destroyed property. All such costs shall be included into the invoice referenced above. unless an accurate cost for replacement or repair of one or more items of City property cannot then be ascer- tained, in which case, City may bill the Applicant or Operator when such information becomes available. D. Appeals. If the Applicant or Operator dis- putes the cleanup charge, he or she may appeal to the Director within five days after receipt of the cleanup bill. The decision of the Director shall be final. (Ord. 200.1 -A § I (part). 2004) 11.03.080 Ind emnificalion Agreement. Prior to the issuance of it special event permit the Applicant must sign an indemnification Agreement to reimburse City for any costs incurred to repair dama,oe to Cite properly occurring in connection with the permitted special event and proximately caused by the acts or omissions of the Operator, its officers. employees, or agents, or any person who was under the Applicant's or Operator`s control insofar as per- mitted by law. The Indemnification Agreement shall also provide that the Applicant shall defend the City against, and indemnify and hold the City harmless from. any liability resulting from any damage or in- jury occurring in connection with the special event proxintatel caused by the acts or omissions of the Applicant, its officers, employees or agents, or any person \cho was under the Applicant's control insofar as permitted by law. For purposes of this section_ a person who merely is an attendee of the special event is not considered, bN reason of attendance or participation alone, to be 1 1.03.070 "under the control of the Applicant. (Ord. 2004 -4 § I (Part). 2004) 11.03.090 Revocation of Permit. A. The City Manager may revoke any special event permit issued pursuant to this chapter after written notice to the Permit Holder for any of the fol- lowing causes: I . Failure to Comply. The Permit Holder fails, neglects or refuses to fulfill any of the provisions of the permit or its conditions of approval, 2. Misrepresentation. The Permit Holder has made a material misrepresentation in the application or any other document required pursuant to this chap- ter: 3. Violation of l,aw. The Permit holder has violated state, federal or local laws or regulations in his or her conduct of the special event; B. Revocation shall become effect ive at the date and time ordered by the City Manager. (Ord. 2004 -4 § 1 (part). 20N) 11.03.100 Appeals from Action of the Cit) Manager. If an Applicant is aggrieved by any decision of the City NlimaLer under this chapter, the Applicant may appeal to the City Council by filing kith the City Clerk a statement addressed to the City Council set- ting forth the facts and circumstances regarding the Cip Nlanager's decision and the basis forthe appeal. The appeal sh311 be accompanied by a fee as estab- lished by resolution of the City Council. The City Clerk shall provide written notification of the time and place set for hearing the appeal. The City Coun- cil at its next regular meeting held not less than ten days from the date on which the appeal was filed with the Cit%' Clerk, shall hear the appeal and all relevant evidence, and shall determine the merits of the appeal. The City Council may sustain, overrule or modify the action ofthe City Manager. and decision Of the City Council shall be final. The right to appeal to the City Council from the revocation of any permit required by this chapter shall terminate upon the expiration of ten days fol- owing personal delivery to the Applicant or the de- 351 INe,,,on Beach Supr, N. 10.? -05) "Park" or "park facility" means all publicly owned or leased property, grounds, parking lots, roadways, venues, bike paths, parks and park- related buildings, facilities and improvements, and any school facilities when they are in use as recreational or community center facilities and underthe control of the Director. "Person" means an individual, group, organiza- tion, association, corporation or any business entity. "Park patrol" means and includes the park patrol officers authorized under Municipal Code Section 1. 12.020 of Chapter 1.12. "Regulations" means the provisions of this chapter and such rules, policies and regulations established from time to time by the City Council or the Director for the administration of this chapter. (Ord. 2004 -26 § 3 (part), 2004) 11.04.030 General Administration. A. Any activity held at a park facility will be conducted according to the regulations of this chapter and all applicable laws, including fire and safety regulations and applicable municipal code provi- sions. B. Any person violating the regulations or con- ditions of any permit shall be subject to the immedi- ate revocation of park facility use privileges and the City will retain all fees previously paid. C. Any persons using a park facility shall be responsible for paying for any damage to or loss of City property connected with such use. D. When groups.or organizations desire to use a park facility on an ongoing basis, such use shall be subject to the Director's approval through a separate park facility use agreement. E. Use of park facilities for group activities or events shall not interfere with the public enjoyment of the park: detract from the health, safety, welfare or recreation of the general public: cause unusual or extraordinary expense to the City; nor draw crowds in excess of the capacity of the park facility. F. Scheduling procedures, use regulations and application processes for City park facilities shall be determined by the Director. (Ord. 2004 -26 § 3 (part), 2004) 1 1.04.020 11.04.040 Park Hours. No person shall enter or remain upon any park facility between the hours of eleven p.m. and six a.m. (Ord. 2004 -26 § 3 (part), 2004) 11.04.050 Closed Park Areas. When necessary for the protection of the public interest, health, or welfare, the Director shall have the authority to close from public access or use, any pub- lic park or portion thereof on a temporary basis. No person shall enter or remain upon areas posted or publicly noticed as closed. (Ord. 2004 -26 § 3 (part), 2004) 11.04.060 Permit Requirement. A. The Director may issue permits allowing use of park facilities by one or more persons to the exclu- sion of others in connection with planned social oc- casions such as birthday parties, programs and rec- reational activities. No person(s) other than the per - son(s) authorized by the permit shall enter or remain on designated park areas during the period covered by the permit. All park facility use permits issued may only be used by the permit holder. Director permits are non - transferable. B. The Director shall have the authority to post reservation notices at park facilities notifying the public that a park facility is reserved for exclusive use during a specified time period, pursuant to a permit. No person shall disobey any reservation no- tice posted or issued by the Director relating to the use of any park facility, site, tables or other public accommodations identified in the permit. C. Any person not having a permit for the use of a park facility shall surrender or turn over possession of the park facility to any person having possession of a valid permit from the Director. It shall be un law - fill for any person not having a permit from the Di- rector to refuse to or fail to surrender the use of such park facility to any person who has a permit for the use of such park facility from the Director. (Ord. 2004 -26 § 3 (part), 2004) 352a (Newport Beach Sopp. No 10. 2.05) • A 0 0 is March 14, 2006 Marie Knight City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 Marie: EIV MAR 1 6 2006 z4b 0 PACIFIC SPC RTIQ We are in receipt of your letter of denial for the 29 x Annual Kring & Chung Newport Beach Triathlon on May 21, 2006. We disagree with the decision and enclose the $255 fee for appeal to the City Council. We look forward to presenting our view to the City Council in a public hearing. The tremendous support for the event from over 1000 individuals from all parts of the world made us realize again how important this event is to the history of the sport of triathlon and to the legacy of those who participate. The hundreds of emails from Newport residents, many who live in and around the course, also encouraged us to continue to explore every avenue possible for the continuation of this tradition that is so much a part of the legacy and fabric of Newport Beach. The City Council is faced with a decision on whether to believe less than a handful of individuals who have dedicated themselves for the past two years to destroying this event or to the large majority who clearly want the race to continue. Most people in the city of Newport Beach celebrate this event and welcome it. Every issue that has been brought to our attention could have been solved by collectively working in concert with our staff, volunteers and city departments. In fact, we have enjoyed an excellent working relationship with those departments who have worked on the event each year. We have meetings with municipalities and permitting agencies on every event we produce. We discuss the,planning and do a thorough critiquing of each event. This is true of every event in every 'ci�y, except Newport Beach. It is obvious to the unbiased observer that this is a personal decision by individual members of the staff that never attends this event and look at only aspects of this event that might potentially be damaging. Rather than look at the positive benefits of the Newport Beach Triathlon such as the money raised for charity (over $200,000 in our history), the lifestyle benefits to residents, the economic impact to the city, and the image enhancement the event It %hp city, only the negative issues are conveyed and many of those fabricated. To hold closed door meetings about this event without our attendance is evidence of the personal nature of this attack upon our firm and the Newport Beach Triathlon. A member of your staff has contacted other municipalities in an attempt to influence our permits for other events. This is entirely unethical and unprofessional. The city manager has made it clear in the Daily Pilot, in emails and in letters to us that this is a personal decision on his part to have us "seek alternative venues ". We have been made aware of internal meetings held to strategize on how to eliminate this triathlon and how A&VATHE CITY OF LOS ANGELES TRIATHLON 1500 S. Sunkist Street • Suite E • Anaheim • CA • 92806 714.978.1528 Fax 714.978.1505 www.PacificSportsLLC.com I certain staff members were told to not become involved when they voiced positive • viewpoints on the event. We do not produce perfect events. However, our expertise and success is well documented, we have no need to defend our resume. Twenty -eight consecutive years in Newport Beach with the longest triathlon in history is evidence enough. Had the staff spent one -tenth the time in trying to make this event better than it has done in trying to destroy it, the community and its residents would be the better for it. We collectively have decided that it serves little purpose to respond in a detailed manner to the erroneous statements made about the event in your letter. However, let us make some comments, as follows: 1. We provided more than adequate volunteers for the 2005 event as we have each year. The comments made in your letter are spurious and I would ask you to reference the emailed response from Carrie Parsons, Head Coach, UC Irvine Rowing Team. They supply the bulk of our volunteers and are the recipient of proceeds from the race as they have been each year and would be for 2006. 2. We do not owe $725 to the City of Newport Beach. A traffic engineer's services should not be billed to us. We submitted a completed traffic control plan that did not require additional work by the city. This is why you have us pay for it and produce it separately. If there were necessary changes, then it should have been addressed to us • prior to incurring any charges. As we have indicated previously, there is a systematic problem with the process Newport employs but that is beyond the scope of this letter. Further, as you are aware and been communicated by your own city sta$ his presence on race day was not a condition of our permit. His appearance on the day of the event is not of our concern and served no benefit to the production of the event. 3. We cleaned the race route following the event. Again, please reference the email from Carrie Parsons' letter. If in fact this statement had been true we are certain it would have been communicated earlier than 10 months after the event. This is first time that any mention of it was brought to the attention of anyone involved with the event. There is no evidence or merit to those comments. 4. We did not close the race route early. I personally was at the area as were at least 4 other witnesses when an individual from Fish & Game visited our transition area around 6pm on May 21". In fact, we left the street open later in the evening to accommodate traffic even after we bad the right to close Back Bay Drive. 5. We strongly disagree with your assessment on our submission of permit applications. We have gone through this topic in previous communications. 6. This date is not a potential problem with the events you mention. We have co- existed with the Newport Jazz Festival for many years without incident. In fact, we enhance their event as many of our participants and spectators attend it after ours. Those attending the Artwalk would not be "stymied" (as it was put) especially with the signage • we put on Jamboree directing the traffic. We note the recommendation to have signage on Jamboree at least a week in advance (please also note it was in place in 2005 as evidence by the letter from American Barricade). Ironic, since we were specifically denied from doing so last year by the same city staff to which we so requested. Finally, our event has been on the city calendar for nearly 2 years as we had been requested and agreed to be a part of the Centennial Celebration upon the inception of their program. We have produced the event on the same weekend for at least a decade and we received a letter probing into our advertising of the event last fall. We doubt the other events would have been not allowed a permit because of our event. if we properly promote them, all events will benefit. We look forward to a positive resolution and continuance of this 29 year tradition. Let us know if anything further is needed and the date for the public hearing. Sincerely, e Jack M. Caress Pacific Sports LLC Race Director, Kring & Chung Newport Beach Triathlon Cc: City Council of Newport Beach Kyle Kring, Kring & Chung, Attomeys Ken Chung, Kring & Chung, Attomeys Kelly Strodl, Daily Pilot �J Hi Jack, That document was amazing! I know for a fact that no member of the rowing team would leave their post to go to McDonalds to get breakfast. That is crazy. Everyone that was out on the course had to report back to me after their station was done and all did so. As for the volunteer on Santa Barbara I remember talking to you about this last year and I checked with all members of my team and no one reported any such thing as is described in the document. Also Josh did have a volunteer meeting with me and I had a lengthy meeting with the rowers as to what they had to do and why. So everyone was informed of their responsibilities. As for the trash on Back Bay road I know that after my team went over it and picked up several bags, I personally walked the area picking up every little sticker and bottle cap. We share Shellmaker island with fish and game and I am fully aware of the responsibility to the habitat in Back Bay. All of our team members participated with Fish and Game in a clean up weekend earlier in the year and were able to experience first hand - by picking it up themselves - all of the trash that gets swept into the bay. The huge pile that was accumulated left a lasting impression on them and even this year they are much more aware of trash etc that can get swept into the bay. I felt like my team did a good job cleaning up. I am sorry that the City of Newport is taking such an issue with this event. 1 feel like there is lots of staff provided and after debreifing with my athletes they felt like the event was a success. Many of them participate in triathlons in the off season and so are fully aware of the needs of the competitors. I am not sure what else to say. But some of what was said in the document has to be flat out fabrication. If you need anything more from me please let me know. Carrie • 0 0 September 5, 2005 Pacific Sports, LLC. 1500 S. Sunkist St, Anaheim, CA 92806 Attn: Josh Studzinski Re.: Call -out on Event Day Dear Josh, This letter is to explain the part of American Barricade on 5/22/05. NO.921 P. 1/1 A message was left on our 24 -hour message service stating that one of the CMS units in Newport Beach had not turned on via the pre- programmed function. The person on -call, Steve Velasco, immediately departed for the location to manually turn on the unit. Once on location he confirmed there was a programming error and reprogrammed the unit to shut off at the requested time. If you have any further question regarding this issue please do not hesitate to contact me at 714.634.2663. Sincerely, J Velasco Jr. ilming/Speciah Manager American Barricade, Inc. 2141 SOUTH DUPONT DRIVE. ANAHEIM, CA 92806 -6102 97141634-2663, FAX: 7141634-2666 2112 FLOYD STREET, SURBANK. CA 91504.818/965-WO • LIC# 785897 2004 & 2005 KRING AND CHUNG NEWPORT BEACH TRIATHLON BICYCLE RACE ROUTE & RELATED TRAFFIC ISSUES Route 2 COURSEIENT :;POLI(;E`DEPARTMENT RELINEATION REQUEST QHANGE . & VOLUNTEERS 4N TRA I&PLAN (ELIMIN1710 EB VEHICULAR TRAFFIC).. 9 OF, yO9 LIMITED HOTEL VOI;UNTEER ACCESS . �c, j UNA ARE 2�• 1 / 2006 LEXUS n ll$` JAZZ FESTIVA ➢,, po ASSI NMENT 9a VOLUNTEERS (APPROVED) UN/{INARE OF s.% QTEa °R r ASSIGNMENT FIOUISING ROADWAY OR COMPLETE \ .Q \ACCE$$ START 3LOOPS FINIS' CLOSURE ` � LIMITED I VOLUNTEERS LIMITED, RETAIL NOT IN POSITION HOTEL ACCESS ;i ACCESS COMPLETE , ROADWAY CLOSURE ll' I i I INOPERABLE., COASThlwgr CMS SIGN ink 7 F 1 I SAN ,yRgL ' M! - — 'I �QND BALBOAARTWALK IAPPROVED) VOLUN�fEE S� QMPI:ET): NOT IN POSITION c O DWAY` °° °a°� /CLOSURE 6 x'4 I ICrcnn i — . l ��_ I ! � � i I I. � J � � i.� � i I :, — '' — �► BICYCLE ROUTE ` � IIIIi��!TIIII ��T I J� i I LIMITED RESIDENTIAL ACCESS L—J L , PRE -2004 KRING AND CHUNG NEWPORT BEACH TRIATHLON BICYCLE RACE ROUTE & RELATED TRAFFIC ISSUES FULL CLOSURE OF JAMBOREE RD`s Route 1 SR -73 RAMP /�� CLOSURE REQUIRED r LIMITED RETAIL — .- ACCESS - -, r Ma M. LIMITED o HOTEL s'+Aar+ ACCESS roUSN �� Cppsf Mw�NAti REVISION REQUIRED TO PROVIDE ACCESS SENIOR HOUSING AND DUNES LIMITED ` CHURCH 1 ACCESS,4,,,, R . �Diea i REVISION REQUIRED TO'SHOW HALF SECTION CLOSURE OF JAMBOREE RD FROM BACK BAY DR TO FORD RD LEGEN, 0 — i LUCYCLE ROUTE ^w+AES+OCNTµL ACCM t"TED REMENnAL ACCESS 1HIa mot ext 4: . FOUR YEAR HISTORY OF THE KRING & CHUNG TRIATHALON 2002 EVENT Route 1 began to become problematic at the 2002 KCT event. The Police Department after - action report identified several issues that would need to be taken care of for future events they included: • This route does not allow for the residents of Bay Pointe and Harbor Cove to enter or exit their communities and Park Newport residents to enter their community until after the bicycle portion of the race. • OCTA and the affected neighborhoods claim they were never notified of the event and closures. Police officers on scene received numerous complaints regarding the event and closures, more than observed at any other major event in the community. • There needs to be changes made in the set -up of barricades at several intersections. • Several areas of concern were identified at the SR -73 off ramp to University Avenue — more officers would be needed to correct traffic control, additional signboards are needed to slow traffic, and a CalTrans permit should be requested for the next year since the closure of the off -ramp is necessary. • Complaints were received regarding a bull -horn or siren used to start the race when no amplified sound was permitted to be used. These concerns were relayed to event director Jack Caress in a meeting by staff and were dismissed by Mr. Caress in an email back to staff as the "police officers personal views ". Following that email, Sgt. Dale Johnson sent Mr. Caress another email outlining the problems with the 2002 event and offered to discuss these concerns by phone, if needed. 2003 EVENT As a result of the problems identified at the 2002 event, several new conditions were added to the SEP for the 2003 event. These included: Increasing the number of Police Explorers the event was to hire Requiring the event organizer to provide adequate course monitors and parking staff Assignment of volunteers to trail the race, and the requirement that the race be started with non - audible equipment. Notifying all homeowners associations and businesses affected by any road closures one month prior to the event. This condition was added because staff received so many complaints the prior year regarding the lack of notification to affected residents. Staff began checking two weeks prior to the event and found that many of the affected HOAs and businesses were not notified. This created a great deal of extra work for staff to ensure that the event operator was doing their diligence and notifying all necessary residents 0 Problems that were identified during the 2003 event included: • Motorists trying to enter the Dunes boat launch ramps that needed to be hand directed by Police Department onto Back Bay Drive while the race was in progress. • Because of traffic jams and backup the north bound left turn lane of Jamboree should be closed with cones next year by Gam. • More signage is needed to direct late arrivals. • Motorists were attempting to cross the race course to enter Park Newport Apts. • Event parking staff needs to be increased. • Of greatest significance however were problems that occurred at University and the SR -73 off ramp. The current traffic plan did not effectively re -route traffic exiting the SB SR -73 FWY The traffic exiting off of the SR -73 had to be stopped to let all of the race participants pass, however, there was a regional soccer tournament that day at UCI and many of the participants were then stuck on the freeway for at least 45 minutes until all of the racers had past. At one point soccer players were exiting their cars while still on the freeway and running down the off ramp to get to their games on time. Because of these problems it was decided by City staff that Route 1 would no • longer be feasible as it impacted too many neighborhoods as well as the problems with the SR -73 FWY off ramp. After the 2003 event staff met with Jack Caress on June 4 to discuss the problems and potential alternate routes. Staff notified Mr. Caress at that time that the previously utilized route would no longer be approved. At this meeting several options were discussed and it was decided that Mr. Caress and his team would look at potential alternate routes and come back to staff with proposals. 2004 EVENT After the June 4, 2003 meeting staff was not contacted by event organizers until February 12, 2004. At this meeting Mr. Caress proposed a new route for the 2004 event. This set in motion a series of multiple meetings and a vast amount of communications regarding this event. Staff again spent an inordinate amount of time on this event, in meetings, telephone and emails to discuss the route changes and to continually remind the organizers of missed deadlines. During this time Mr. Caress also asked for several meetings with staff, the City Manager and Mayor Bromberg to contest the City policies requiring water filled barricades and the use of an outside traffic engineer to prepare the TCP. It should be noted that no other event taking place in Newport Beach • contested these requirements. ALL others complied with these new policies readily. After the 2004 event, staff met on June 30 2004 with KCT representatives to discuss the problems and issues that were encountered which included: • Water filled barricades were not set up in the proper configuration. • The Anacapa area in Newport Center would need to be completely shut down in the future as police had trouble with cars trying to enter the race course. • Some of the Changeable Message Signs had inaccurate information. • Additional signs would be needed in front of certain communities for future events as residents complained again that they were not notified of the closures. • The Big Edwards Theater was not noted of the event and had an event for 200 people which caused problems getting those cars in. • In addition, staff was contacted by the Dunes Waterfront Resort who claimed they had been told by the race organizers that their entrance would be closed for only 15 minutes, when in actually was an 1 hour and 15 minutes. They were extremely upset and stated that they would not permit this event in the future unless the City came up with a way to prevent their guests from experiencing this amount of inconvenience. The KCT representative was notified at this meeting that changes would need to be made to the TCP for the following year based on the problems encountered and observations of staff at the event in order to make this new route work. 2005 EVENT Staff met on December 2, 2004 at the Newport Dunes Waterfront Resort with KCT representatives to outline changes needed for the 2005 event. After that meeting, staff was copied on an email from this representative to Jack Caress summarizing the meeting and stating that they had no intention of hiring another traffic engineer to make the changes discussed and complained that staff would not accept their application. Staff responded that only complete applications are accepted and reminded them again of what was missing from their application. Another email was sent later that month that their SEP application had not yet been turned in, and letting them know when the deadline was in order to avoid late fees. Staff met again on January 6, 2005. At this meeting representative from KCT began to argue with staff regarding necessary changes to the TCP and refused to make them insisting that the City should do that work. This meeting was followed up three weeks later by another set of emails from staff reminding the operator that a few items were still missing from the permit. Finally, the day before late fees would be incurred and in response to an email from a KCT representative stating that they had not been properly informed of all of the requirements in order to have their application accepted for review, the Department Director finally sent an email to KCT that included copies of the 0 9 • documentation that they had indeed been reminded several times in the past of the requirements. Staff continued to try to work with the operator on those conditions that were necessary to make this event a safe and successful one. To this extent, the Police Department even agreed to go the extraordinary step of hand directing traffic from Jamboree into the Dunes so that the Dunes customers would not be inconvenienced. This is something that has never been done for any other activity and is extremely labor intensive. Based on their experience at the 2005 event Police personnel would not recommend providing this service again. In addition, staff went out several times to drive the course and work with the operator on the route to try to solve any problems in advance. During one such trip on April 21 with a representative from KCT it was discovered that construction at the Marriott would necessitate a change to the TCP. After three weeks and corresponding numerous times regarding the necessary changes, City staff had to make the revisions to the TCP in order to move the approval process along so it could be reviewed by the other departments. After months and months of correspondence and meetings regarding this event there were still problems that incurred on the day of the event. These are outlined in the letter of denial sent to KCT on March 10, 2006. C� U AVAachstext F, Level 3 Annual Special Events in Newport Beach • Spirit Run • Number of Participants — 3,000 • Road Closures — Newport Center, San Nicolas, Santa Maria, San Clemente, Santa Cruz, one lane of San Joaquin Hills Road between San Simeon and San Nicholas • Time of Year - March (Sunday morning -) • Major Road Closure - None • Total Closure = 6.5 hours Harbor Heritage Run • Number of Participants — 2,000 • Road Closures — Mariners Park area and Harbor High, Dover Drive • Time of Year — October • Major Road Closure — None • Total Closure — 5.5 hours Race for the Cure • Number of Participants — 30,000 • Road Closures- Avocado, San Miguel (from Avocado to Newport Center), Newport Center, Santa Rosa, San Joaquin Hills (one side only) . • Time of Year — End of September . • Major Road Closure - None • Total Closure Time — 4 hours Taste of Newport • Number of Participants — 60,000 • Road Closures — Part of Newport Center Drive and part of San Nicolas Drive • Time of Year — Weekend in mid September • Major Road Closure - None • Total Closure time — 96 hours CDM 5k • Number of Participants — 3,000 • Road Closures — Ocean Blvd., Poppy, Carnation, Femleaf, Goldenrod, and portions of side streets in Corona del Mar. Beach parking lot is limited access during tlje race. • Time of Year — first Saturday in June • Major Road Closure - None • Total Closure Time — 4 hours Walk America (March of Dimes) • Number of Participants — 6,000 • Road Closures —Newport Center, San Nicolas, Santa Maria, San Clemente, Santa Cruz, one lane of San Joaquin Hills Road between San Simeon and San Nicholas • Time of year— April (late) • Major Road Closure - None • Total Closure time — 4 hours Pacific Coast Triathlon • Number of Participants — 1,400 • Road Closures — Crystal Cove State Park, PCH (one side only) • Time of year — September • Major Road Closure — None (only one side of PCH is closed by Crystal Cove) • Total Closure time — 6 hours OC Marathon • Number of Participants — 15,000 • Road Closures — Fashion Island, San Miguel Drive to Bonita Canyon Drive., (Macarthur is closed for about 1/2 hour as runners cross from Fashion Island) • Time of year — January • Major Road Closure - Macarthur for '/z hour as runners cross • Total Closure time — 1.5 hours Toshiba Golf Classic • Number of Participants — 50,000 • Road Closures — none • Time of year — March • Major Road Closure — none • Total Closure — none ******************** ss* ss** s* sss** r*» r * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Kring and Chung Triathlon • Number of Participants -- 800 • Road Closures — Fashion Island , Newport Center, Jamboree Drive from Santa Barbara to PCH, Back Bay Drive by the Dunes (some local traffic allowed with some difficulty), Back Bay Drive (for the run). • Time of year — May • Major Road Closure — Jamboree for 4 hours • Total Closure — 6 hours r� .�rSSauiatetit CA7 6(1) CITY OF -� � W O T BEACH OFFICE OF T =- CITY ATTORNEY July 1, 2005 VIA FACSIMILE (714),978-1505 Josh Studzinski Pacific Sports LLC Director of Operations 1500 Sunkist Street, Suite E Anaheim. California 92806 RE: Public Records Act Request - June 24, 2005 Dear Mr. Studzinski: Our office is in receipt of your public records act request dated June 24, 2005. In general, a Public Records Act Request is required to be focused and specific. Based on a review of your request, the City is unable to determine what "incident reports" from the May 22, • 2005 event that you would like to have disclosed to you. The City, however, under California law has a duty to assist you with your request and I would be happy to discuss the request with you. In an attempt to comply with the request, the City will produce a May 26, 2005 report prepared by David Keely of the Public Works — Traffic Engineering Department regarding the event. This report is attached hereto for your review. Our office will also prepare a summary of other issues related to the event based on our conversation with City employees. The summary letter will be sent to you within the next two weeks. Feel free to contact me if you would like to discuss this matter. Very truly yours; r Aaron C. harp, Assistant City Attorney for the City of Newport Beach Encl. • F Ausers\cat \s hared \da \s hared\Aaron \lelter\templale.doc 3::00 Neu+poit Boulevard Post Office Box 1768 - Newport Beach, California 92658 -8915 T =iephcne: (949) 644 -3131 Fax: (949) 544 -3139 • www.city.newport- beach.ca.us • MEMORANDUM o +S: Matt !Dingwall Recreation 8: Senior Services i'R0v3: David Keely =ubiic Works — Traffic Enaineerina T1" I/lav 2 ^0, 2005 BJ_ 2005 Krinq and Chung !\I Beach Triathlon Event Notes The fcllowirg are traffic related comments notes regarding the 2005 Kring and Chung Newpoi. teach Triathlon, which took place on Sunday, May 22, 2005: Ccrnplete shut down of the racecourse occurred at approximately 6:30 a.m. The event did not supply sufficient volunteers 'to cover all the vehicular access points to tie bii<e portion of the racecourse. All volunteers will need to be in place at 6:15 a.m. for next year's e\ /ent. Volunteers for the intersection of cast Coast Hiahway /Jamboree shall be in plat: by 6:0 a.m, to assist officers as needed. It is recommended to have a volunteer mee*.ing prior to the event to ensure volunteers know their role and what is expec(ed of them. Vlany volunteers were positioned but where unaware of the task they needed to perform. Police Department was required to provide instruction for volunteers. went organizer shail mark /delineate the racecourse, especially areas with sharp turns, conflict points with other competitors and transition areas from one side of the roadway to another. City start is responsible for the setup of traffic control in order to separate vehicular and participant traffic, not racecourse set up. 3 Revisions to the traffic control plan are required. 1) Add No Right Turn" sign at the n0! -beast corner of cast Coast Highwayt'Jamboree Road for westbound traffic. 21) Add Right Tum Cnly" sign at the southeast corner of East Coast Highway /Jamboree Road for northbound traffic. 3) Revise taper along Santa Barbara Road to allow bikers a larger area to transition from one side of the roadway to the other. Depending or access needs to the development across from the !Marriott Hotel, the taper may start at the Colonies property. a` Police suggested eliminating to -way travel from .Jamboree Roac to San Clemente on Santa Barbara, only allow westbound traffic. In addition, create second row of delineator to separate vehicular and bike traffic and provide a larger area for event Car6cipants. S) Incorporate this year's changes Into plan set (Viarrictt Entry, Back Say Set -up) to avoid confusion in subsequent years (piece meaiing clans). s BE-A'- Lid i 3300 :c'. /V ='CRT E 0 1 J E`, /ARD . 30X 1768, NEVVPCRT BEACH, ( 076Sa_1763 44_33 1 MEMORANDUM o +S: Matt !Dingwall Recreation 8: Senior Services i'R0v3: David Keely =ubiic Works — Traffic Enaineerina T1" I/lav 2 ^0, 2005 BJ_ 2005 Krinq and Chung !\I Beach Triathlon Event Notes The fcllowirg are traffic related comments notes regarding the 2005 Kring and Chung Newpoi. teach Triathlon, which took place on Sunday, May 22, 2005: Ccrnplete shut down of the racecourse occurred at approximately 6:30 a.m. The event did not supply sufficient volunteers 'to cover all the vehicular access points to tie bii<e portion of the racecourse. All volunteers will need to be in place at 6:15 a.m. for next year's e\ /ent. Volunteers for the intersection of cast Coast Hiahway /Jamboree shall be in plat: by 6:0 a.m, to assist officers as needed. It is recommended to have a volunteer mee*.ing prior to the event to ensure volunteers know their role and what is expec(ed of them. Vlany volunteers were positioned but where unaware of the task they needed to perform. Police Department was required to provide instruction for volunteers. went organizer shail mark /delineate the racecourse, especially areas with sharp turns, conflict points with other competitors and transition areas from one side of the roadway to another. City start is responsible for the setup of traffic control in order to separate vehicular and participant traffic, not racecourse set up. 3 Revisions to the traffic control plan are required. 1) Add No Right Turn" sign at the n0! -beast corner of cast Coast Highwayt'Jamboree Road for westbound traffic. 21) Add Right Tum Cnly" sign at the southeast corner of East Coast Highway /Jamboree Road for northbound traffic. 3) Revise taper along Santa Barbara Road to allow bikers a larger area to transition from one side of the roadway to the other. Depending or access needs to the development across from the !Marriott Hotel, the taper may start at the Colonies property. a` Police suggested eliminating to -way travel from .Jamboree Roac to San Clemente on Santa Barbara, only allow westbound traffic. In addition, create second row of delineator to separate vehicular and bike traffic and provide a larger area for event Car6cipants. S) Incorporate this year's changes Into plan set (Viarrictt Entry, Back Say Set -up) to avoid confusion in subsequent years (piece meaiing clans). ...sKad -that Nita radiract pal ant to Dunes ,,.G -.i _ayside Drive, . .NILE .arcuted pahclpantsS ho`d4ever, volunteerdevani sCa -i yshcu:ri f1,ave ail -auk• •-e_r_ poslonad ai Least Hlighway to assts,,. According to Josh T.e; were "'cj ° 'c, until 6:30. The Dunes only permitted Scat and ON into the main ;parking area. Event staff shall enforce that for participants of the avant, i_h,e only vniranc2 ava!iada wcuic te the Sayside anti/ to the Dunes. An unpermitted street closure /crane permit for .^fig Ne,.,)port Center (Drive Was dlscO�vered at 66'.-40 a.m. Crane Was to be 'positioned on Nel,%iport Center iOnve on the r acacoume. The crew Was redirected to San h4cholas to avoid evert participants, Police assisted in redirecting Crane tack to San Nicholas. Fire Departrnent scheduled training at the 'vacani Marrlou Euliding during &vent. POlk-= assisted Fire to training area. Roadway opened at 130 a.m. with the 8 ;4cepdon of Back Say Drive. s City ON assign staff to monitor event clean up and to ensure event Opens i Oadway at appropriate time. CMS sign on East Coast Highway for eastbound traffic turned off during the event. 1Nlotor officer indicated it was on at the Val of the event, however at S: 15 the sign 'vvas or, 0 Type H barricade= shall replace the Type IU barricades between water ailed barricades on Back Say Drive. -+ It is recommended that next year, Traffic Engineering, Police Wp20nnent and Wart Services staff meet the week of the event to coordinate saiuC', IdentifP ,,hot spots and ensure contact information Is exchanged. The interzecdon of Santa Rnse /Newport Center {Jade shalt oe stationed lwith aild Jfflc-ar next year This year, the stationed Polka Explorer had difficulty preventing dnvars from getting on the racecourse. Avocado Shopping Center claimed that traffic was diverted through the shopping centar. Traffic at this location should have been U- turned. informed responsible officer for next year. Due to went staff submitting late and inadequate revised traffic control for the NO Say _!ayes and INernott Entry areas, Traffic Engineering star, prepared revised traffic control plans for distribution to General Sendices and Police Department. Traffic Engineering staff assisted Polka Dapartmant On race day. li you have any question. ,please feel free to Contact me at x334. �.`.!JSZrsFhve \Sl:arzol Trsric`.SPeGaI events PermiissOC alafamcmmdl .iJ°mem.ioc (z) CITY OF MEWPORT BEACH -0 771 CITE IDF TIM CITY A =0 RiTNYY July 6: 7.005 VIA FACSIMILE (.714) 978 -1505 Josh Studzinski Pacific Sports LLC Director of Operations 1500 Sunkist Street, Suite E Anaheim, California 92806 RE: Public Records Act Request - June 24, 2005 Dear Mr. Studzinski: Thank you for taking the time to discuss your Public Records Act Request dated June 24, 2005. As agreed, the following is a summary of the Newport Beach Police Department's comments regarding the Newport Beach Triathlon held on May 22, 2005. Feel free to contact me after yyou have reviewed this correspondence if you would like to discuss this matter. Comments from Newport Beach Police Department At 0500 hours Officer Henry drove the course and noticed that one of the signboards (Promontory and SR -1) was not working. He notified Jack Caress and Caress' employee told him it was on a timer. Later in the day, the same signboard was observed to not be working at all by Officer Haas. The Police Department personnel briefing went well and everyone was on time. While police personnel were deploying, most of the race volunteers that were supposed to be at the intersections and corners were not there. Race volunteers eventually showed Lip. Some were helpful and others were not. There were supposed to be five (5) race volunteers at SR -1 /Jamboree. but they left for McDonald's. When they returned, they left again and were not seen again. One volunteer at the Marriott Hotel (Newport Center /Santa Barbara) ended up being mentally beat down. Officer Henry found her crying (literally'). She said she could not handle people yelling at her and she was almost hit by a bus. Officer Henry suggested that a meeting with the volunteers should be held before the race to brief them on what to do and how to do it. The bicycle racecourse itself was unbelievably confusing. It was hard to tell what side of the road the participants were supposed to be on, where they were to turn; etc ... Officer Henry suggested the race course be split into two directions on the downhill slope of Santa Barbara Dr. and at the turn onto Jamboree Rd. The bicyclists travel way too fast 3300 Nte °..,port Boulevard - Post Office Boy, 1768 - Newport Beach. California 92658 -89:3 :eienhone: (949) 644 -3131 -Fax: (949) 644-3139 wwv. city. ne°. Dort- beach. ca. us Josh Studzinski July 6, 2005 Page 2 on the downhill portion and keep their head and eyes down. Officer Henry suggested the race promoter tie orange ribbon around the cones to designate the turns in the racecourse, and which side of the road the bicyclists should stay on, so as to not confuse the workers and participants. The set -up and breakdown by the City was great. The City workers were on time; and the course was set up as directed by the traffic engineering report. There was no delay at the end of the race and City visitors and residents were not inconvenienced more than they had to be. The police explorers were outstanding as usual. In fact, if an intersection was being handled easily, we readjusted the explorers to the more busy intersections. This race continues to present problems causing the course to change. This in turn causes other difficulties in Predicting how the race will run and where trouble spots may occur. Based on the Police Department's observations, there may not be a course in our community that is suitable for this event. Very truly yours, 4aron C. Harp, Assistant City Attorney for the City of Newport Beach cc: Marie Knight, Recreation and Senior Services Director Matt Dingwall, Recreation Coordinator Jeff Lu, Newport Beach Police Department r:\userslcat \s hared \da\sha red \P RA2005t3udzinski P RA2.doc 0 Big Canyon Gully . 1 1 ` °I / ! San )oaquill Backbayeee ��� ♦♦ e e , Center �� �� �� ��♦ Drive':/ ♦ ♦ ` Santa San �♦ ♦ Barbara Simeon ♦♦ 40*` I �♦ Start/ j ,♦ ` ; eSantaTtbsa Transition I �, '7Fr 1 j Area ♦♦ �� 3 loops �' 1 $t i Jamboree ♦ around. 1 FASHION' 1 ISLAND .46�: Mlituel , 0 1 3, 0 October 28, 2005 Jack Caress, President Pacific Sports LLC 1500 S. Sunkist Street, Ste E Anaheim, CA 92806 Dear Mr. Caress: It has come to my attention that you are advertising on your web site a triathlon to be held here in Newport Beach for May 21, 2006. I am both surprised and disappointed that you are advertising for an event here when you don't have an approved permit. Again, to reiterate our phone conversation this past June, there is no guarantee that an application for a permit for this event will meet the requirements of our process. As we discussed, our Municipal Code has changed with respect to Special Event Permits and we have new policies, processes and considerations that your event will be analyzed . against. Until you apply and we have had the opportunity to consider the event we strongly advise against any advertising. In addition, I must tell you that your insistence to advertise an event you have no permit for will not be enough to compel us to issue you a permit if your application does not meet our requirements. So if you chose to continue to advertise Newport Beach as the venue for this event, you do this at your own risk. I must also reiterate my suggestion that you seek alternative locations for this event as it is strongly felt here that this event has become too much of a negative impact on our community and it is doubtful, unless it significantly changes, that it will meet the current requirements for a permit. Please feel free to call me if you have any questions. Sincerely, Homer L. Bludau City Manager Cc: Mayor and Members of the City Council • PACIFIC SPORTS December 1, 2005 Homer Bludau City Manager, Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, California 92658 -8915 RE: 29`h Annual Kring & Chung Newport Beach Triathlon Dear Mr. Bludau, We are in receipt of your letter of October 28, 2005. We appreciate the opportunity to respond to your question about why we began advertising the date of the event so far in advance. The designation of the event date at this time is necessary for the following reasons: 1. We have been named as an Official Event of the Newport Beach Centennial. We were asked to establish our date for the event. Additionally, it is typical to establish it well in advance for race calendar listings. 2. We needed to secure the Newport Dunes contract and establish the date with our Official Charity, the UC Irvine Rowing Team so they will have it on their calendars. As with many organizations that have busy calendars, all of our participating organizations, including the UC Irvine Rowing Team, require as much advanced notification of events so that they may plan for and schedule their participation accordingly. 3. It is typical and customary that a permit in Newport Beach is not issued until the final days before an event. As you may agree, all of the significant preparations and notifications for the event would not be possible if we were required to await the issuance of a permit before publishing the event date. 4. It was also necessary to inform the City of Irvine of our 2006 date. With our return to the successful course outline below, their cooperation was solicited and granted for the cycling portion which is in their jurisdiction. We hope that the following brief background of this event will provide some further insight regarding the history, benefit and importance of this event to the Newport Beach community: r• r • • I S00 S. Sunkist Street Suite E . Anaheim CA 92806 714.978.1528 Fax 714.978.1505 www. PacifiicSports LL C. com www.LATriathion.com The Newport Beach Triathlon is the oldest triathlon in the world. Started in 1978 as the "Ancient Mariner & Rusty Pelican Human Race Triathlon ", the race has been produced for 28 consecutive years by the same firm and founders in Newport Beach. The start and finish in each of those years has been at the Newport Dunes. Kring & Chung, an Irvine based law firm, has been our title sponsor for the past 9 consecutive years. Last year, we had the privilege of having Honorable Steven Bromberg as the honorary Chairman of the event. The event continues to receive the support of local community and business leaders. In 1985, we worked closely with the City of Newport Beach (Jim Brahler and Glen Everroad primarily) to develop Traffic Plan 95393 (with several minor updates through the years) for the cycling and run course. For 19 consecutive years we used this course successfully and staged two national championships in the process. For 2004, we were asked to change the course by the city to use what was described as a "preferable" option using Fashion Island and Jamboree. To be candid, the course has proven less than desirable for all concerned. We propose to move back to the successful course used from 1985 to 2003 for the following reason and logic. 1. The course is easy to control and minimizes the road closures for Newport Beach. It worked wonderfully for 19 years without a single safety incident where over 14,000 participants completed the course. A. The 12 mile bike course starts from our transition area on Back Bay Dr. and heads east on Jamboree. It turns left on Eastbluff which eventually turns into University Dr. as it heads into Irvine. (Note: the City of Irvine has always endorsed the course and approved it for the 2006 event). After completing the 4 -plus miles in Irvine, the course crosses University/Eastbluffonce again where the final 3.5 miles are on Back Bay Drive, completely away from vehicular traffic. B. The beauty of the course is that it can be a "rolling" opening of the course as it moves through. This means that as the last cyclist exits the transition area, the course can open on Jamboree, Eastbluff and University as this person makes their way through the course. This could not be done on the current course until literally the final mile of the final cyclist. C. The timeline would be as follows with a 6:45 am start time. (Note: the time allotments are based on the actual results from the 19 year history from the event): i. The leader of the race would exit the transition area after the swim at approximately 6:55. Therefore roads would be closed on Jamboree and Eastbluff at 6:45 to insure the proper closure. The Jamboree closure at University would not begin until 7:00am. ii. The final cyclist would exit the transition area at approximately 7:31 am. ri U Therefore, the following would occur: 1. Jamboree would open from PCH to Eastbluff at 7:40am. 2. All of Eastbluff to University would open at 7:50am. 3. The Jamboree closure would open 8:35am. The final 3.5 miles are on Back Bay Drive, so all roads would be open other than Back Bay Drive. 4. Back Bay Drive would be open between San Joaquin Hills and Eastbluff by 9:OOam. 5. Back Bay Drive would be open by 11:OOam to vehicular traffic. Once again, we emphasize that this is a course that was successfully produced for 19 years. 2. Charity commitment. Over the course of 28 years, this event has donated in excess of $300,000 to local charities and foundations. For the past 5 years, UC Irvine Rowing has been the official chanty of the event. Located on Shellmaker Island, they have been the recipient of proceeds for both the men's and women's teams. They provide the bulk of the volunteers for the event and are again committed for 2006. 3. Newport Beach resident involvement. Since this is the original triathlon, many put it on their list as a "must do" each year. Our field in recent years has been between 800- 1000 participants with nearly 400 from the Newport Beach neighborhoods each event. 4. In addition to the original commitment of the Rusty Pelican Restaurants the race has been represented by several Newport Beach businesses each year. These include El Ranchito Restaurants (a sponsor for 14 years and a current sponsor), NikeWomen in Fashion Island, Hyatt Newporter, and the Newport Dunes Aquatic Park. 5. The economic impact of the event each year is significant. Since over half of the field travels to the event, we see a generous amount of dollars spent on food, accommodations, parking, beverages, merchandise and a wide variety of local products. The estimated economic impact from the event is estimated at $1.1 million dollars per annum. 6. Pacific Sports LLC spends over $20,000 on local expenses each year including the Newport Dunes, City of Newport Beach (police, public works, permit fees and lifeguards), and several local businesses assist in production and equipment needs for the event. We have never asked nor required a financial commitment from any department or entity within the City of Newport Beach. We have paid our required fees for permits, public works and safety for all 28 years. Finally, the event enhances the image of Newport Beach. Triathlon is a lifestyle event that brings together the sports of swimming, cycling and running —three of the most popular participant sports in the United States. The impact on a community of an event that has returned for 28 consecutive years can never be underestimated. Each year, the Newport Beach Triathlon has individuals who make it their yearly goal to get fit, shed pounds and improve their healthy lifestyle. Our competitors have included those aged from 7 years old up to the legendary Bill Bell at 81 years old. Our female contingent has steadily increased to now over 45% of the field. We look forward to continuing the long tradition in Newport Beach and working through the details for the 2006 Newport Beach Triathlon. Sincerely, I�w- Jack M. Caress President Pacific Sports LLC Race Director, 28th Annual Newport Beach Triathlon cc. John Heffernan, Mayor of Newport Beach Tod Ridgeway, Newport Beach City Council Don Webb, Newport Beach City Council Edward Selich, Newport Beach City Council Steven Rosansky, Newport Beach City Council Leslie Daigle, Newport Beach City Council Richard Nichols, Newport Beach City Council Kyle Kring, Kring & Chung, Attorneys Kenneth Chung, Kring & Chung, Attorneys Marie Knight, Newport Beach 0 r istration • Confirmation NEWPORT BEACH TRIATHLON s H U M A N R A C E Merchandise • Maps • Travel • Photos • Sp Pagel of4 11 Maps You go out Back The race starts with a 112 mile swim in the Back Bay of Newport each in the Newport Dunes recreation area at Jamboree and Back Bay Drive (shown i i this picture). Parking is located here. The Newport Dunes is located at Jam bot a and Back Bay Drive.From the 405 or 73, take Jamboree towards the beach. Rigrit before you get to PCH, you will turn right on Back Bay Dive. The swim is a flat watt r swim and the water temperature is usually in the high 60's. Wetsuits are optional. Th e transition area is on Back Bay Drive. For the bike, you head out Back Bay Drive to Jai boree and go left (away from PCH). You return coming back on Back Bay Drive ani I head out on the run the same way as you did on the bike. You will be taking a short tr 3il to drop you down back onto Back Bay Drive to finish the 3 mile run. Check out the maps below.... J5 CYCLE COURSE: The transition area is on Back Bay Drive. You go out Back Bay Drive and take a left on Jamboree. Follow Jamboree to Eastbluff Drive and go left. Follow Eastbluff across Jamboree where Eastbluff turns ir to University as it enters the City of Irvine. Continue on University to Campus Drive and take a left. Take Campus Drive to Carlson and take a right Take Carlson Ave to Michelson and take a right Take Michelson Drive to the bridge, do a U -turn and come t ack down Michelson to Carlson and take a left. Take Carlson to Campus Drive and to a left. Take Campus Drive to University Drive and take a right. Take University across Jamboree (where it again becomes Eastbluff Drive). Take Eastbluff Drive to Back Bay Drive and take a right. Take Back Bay Drive to the Newport Dunes for the bike finish. http:// www. pacificspor tsflc.com/NewportBeach/maps.htm 3/11/2003 • Maps . Csrfson ve. �r Bnrtol�5t:. bNehelsc . 8aycnow Marriott 3ul'cae �N, � M*WD4}Mar. G�mpusDr:: j.r HyjhSttwd• .. tF Tran§tign fir€a 1 , Fad Rd Bonifa.0 Dr. <'- l Rs RUN COURSE: Run out of the transition area down Back B4 Turn left on Jamboree and go across San Joaquin Hills. Tu Newport into Big Canyon Gully, which is a dirt trail. Take Big Can, Bay Drive and take a left. Run down Back Bay Drive to the finish.) http://www.pacificsportsllc.com/NewportBeachtmaps.htm Page 2 of 4 3/11/2003 Maps w I[-1- AM fT------------------- elert Another Page ---- — --- Anrh/mai)s.htrn Page 3 of 4 3/11/20 2008 NEWPORT BEACH TRIATHLON TRANSITION SITE PLAN 0 % o 0 io WB PRODUCTIONS DIAGRAM TO SCALE v,. ■3»', ° "'P " "aR eirE.xw °VIP F's last Update: 1123106 VVRACKS= 10'lengthBpaNCpants per 7D' iand 10' between rows of racks -VIP IP P-�-- waveT— wave I wave � v`er -- TOTAL TRANSITION AREA: w`aveT� w`aveT— 350'X 64' we`ve 2-"� wave.,T TOTAL RACKS: 120) 10' RACKS wave2 TOTAL FENCING: 7000' CD wa a— wav � wave's wave E�- O � wave"1� 'we`ve 7 m wave wave -3-� w`ave`a -- wovee a Weve�� wave 6f woe-4 NEWPORT DUNES w`ava�- c[wen wave4 ��pHO 1061E RO aeCBaq waves w° °eve 4 30 ROWS wave `wa`vea 30ROWS 60) 10' RACKS 60) 10' RACKS wave 5 wave 5 wave waveB • THIS SIDE = 330' ---- -° THIS SIDE = 350' IN LENGTH wave6 wave LENGTH weve�— wage s wevei" wave6 wave? we`veT° wave ]' wave i wav0y wave waveB weva8 wave a alaye d zveT =.'releye •i '! °I eow wtDe11e R� nM ■ E3 0 0 0 0 0 RN08 n„yoE� u 0 0 0 0 aw w x rw' 0 vvr � • 0 RPw� FINISH AREA: 22) 10' SECTIONS OF FENCING December 19, 2005 Jack Caress, President Pacific Sports, LLC 1500 S. Sunkist Street Anaheim, CA 92806 Dear Mr. Caress: I have received and read your letter regarding the triathlon event you are planning in Newport Beach. As I mentioned in the letter sent you on October 28"' 2005, I do not recommend that you continue advertising for an event in the City of Newport Beach without applying for and obtaining the proper permits. Your doing so will in no way result in the City feeling pressured or obligated to approve your event request. In addition, let me clear up any confusion you may have with our Special Event Permit • procedure. The City of Newport Beach requires the event organizer to submit a complete permit application for this type of event a minimum of 5 months prior to the event date. A complete permit application for an event this large in scale includes the application, permit fees and deposit, and all required supporting documents. In the past, your organization has consistently submitted incomplete applications, resulting in delays in City staff completing and issuing your permit. These types of delays are not common with other organizations that put on similar events. Additionally, our City staff has spent an inordinate amount of time with you and your staff attempting to get you to submit the required documents, assuring that you have accomplished all the needed notifications, and working to receive the traffic control plans for your event. Again, this is also not typical with other similar events that take place in our community. You have also indicated your desire to return to the race route that was developed in 1985 and used during previous years. I want to advise you that it is highly unlikely that the City of Newport Beach will approve this route as it has proven to be unsuccessful in the recent past. Simply put, our community and its traffic volumes and patterns have changed since the inception of your event. We feel that continuing to hold this event as proposed will negatively impact far too many residents and visitors in the City of Newport Beach and will present hazardous traffic conditions. . Page 2 As mentioned before, I would suggest that you continue to seek other more appropriate locations to hold this event. We certainly recognize the value of allowing and providing competitive recreational opportunities for the community. However, we also must ensure public safety and consider the impact that these types of events have on our resources and community. Thank you for your cooperation, please feel free to call me if you should have any questions. Sincerely, Homer L. Bludau City Manager Enclosure: City Special Events Policy CC: City Council Kyle Kring, Kring& Chung Kenneth Chung, Kring & Chung Lj PACIFIC SPORTS January 9, 2006 Homer L. Bludau City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 Dear Mr. Bludau: We have received your letter of December 19, 2005. Enclosed is the complete package for the 291h Annual Kring & Chung Newport Beach Triathlon, the longest running triathlon in the world. A completed permit application, traffic control plan, permit fees, deposit and all supporting documentation is included in the package. We strongly disagree with your suggestion that we have not submitted complete packages in the past. However, to remove that contention for this upcoming event, we would strongly request that we receive communication from your office of any documents or necessary items that, in your opinion, are missing within 72 hours of our hand delivered submission to your office. The course we used for 19 consecutive years from 1985 until 2003 without incident or safety issue and its related traffic control plan are in the submitted package. The success of this course is well documented and impacts the city far less than the course we used, upon the suggestion of your special events committee, for the past two years in 2004 and 2005. There is no documented evidence or history to that has ever been put forward support your claim of potential traffic problems. With the timeline presented (and historically accurate from those 19 years) in our December 1, 2005, letter, the impact is far less than the course of the past two events. Privately, members of your event committee have strongly encouraged us to return to this course which was both popular and safe. We agree with their opinion and that of participants who have broadly supported this decision. As an aside, we are aware that the Newport Jazz Festival is scheduled concurrently on our race weekend. Since we have coexisted with their event on several weekends we see it only as an advantage since the participants enjoying attending the festival after the triathlon is finished. 1111<%u,_ "4��A" 1 1500 S. Sunkist Street Suite E . Anaheim CA 92806 714.978.1528 Fax 714.978.1505 www.PacificSportsLLC.com www.LATriathion.com • We look forward to finalizing the preparations for the 29h Annual event and continuing its unparalleled position in the sport of triathlon and the community of Newport Beach. Sincerely, O l /Jack M. Caress President and Race Director Pacific Sports LLC Kring & Chung Newport Beach Triathlon Cc: John Heffernan, Newport Beach City Council Tod Ridgeway, Newport Beach City Council Don Webb, Newport Beach City Council Edward Selich, Newport Beach City Council Steven Rosansky, Newport Beach City Council Leslie Daigle, Newport Beach City Council Richard Nichols, Newport Beach City Council • Kyle Kring, Kring & Chung; Attomeys Kenneth Chung, Kring & Chung, Attorneys i CITY OF NEWPORT BEACH RECREATION & SENIOR SERVICES Marie Knight, Director January 17, 2006 Jack M. Caress, President Et Race Director (PROVIDED BY MAIL /EMAIL) Pacific Sports LLC King & Chung Newport Beach Triathlon 1500 South Sunkist, Suite E Anaheim. CA 92806 Dear Mr. Caress: We have reviewed your application received on January 10' for a Special Event Permit for the Kring & Chung Newport Beach Triathlon and have deemed it to be incomplete according to our guidelines for the following reasons: Detailed Traffic Control /Parking Plan - The Traffic Control Plans are not signed and stamped by a California Registered Traffic Engineer. • The applicant submitted 1 copy of the Traffic Control Plans. As in the past, 6 40 copies for review are needed. • The current Traffic Control Plan does not address the closure of the Southbound SR -73 off -ramp at University Drive. This requires the applicant to obtain a Caltrans Encroachment Permit for the closure of the ramps. As a general rule, Caltrans would encourage study of alternate routes to avoid closing of ramps which may inconvenience the public. • The plan does not depict the changes that have occurred on Back Bay Drive near the start /finish line (i.e. Senior Housing Project, parking along Back Bay). • The plan does not show the use of water filled barricades at the start /finish line to reduce the conflict between vehicles and participants / spectators. • The plan does not show the use of Changeable Message Signs to inform the public of the Special Event and the Closure of Jamboree Road. Detailed Plot Plan and Race /Walk Maps - None were submitted Permit Fee's and Separate Deposit - One check was submitted for both in the amount of $2,900. This amount is incorrect and as in the past the requirement is for two separate checks, one, for the permit fees in the amount of $1,990 and the second for the deposit in the amount of $1,050 (permit fees have risen since last year). 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, Callfomia 92658 -8915 Telephone: (949) 644 -3151 • Fax: (949) 644 -3155 • www.city.newport- beach.ca.us Letter to Jack M. Caress Page 2 Insurance Certificate and Endorsement Pape - The insurance and endorsement page are copies from last year. Typically we accept this requirement later in the process as we realize that your insurance company may not issue this until an application is approved, however this requirement will have to be satisfied once the application is approved or the event will be canceled. The above mentioned items, all of which have been part of the requirements for the past several years, must be received in their entirety before your application will be reviewed further. In addition, as of today your proposed event is 124 days away. As you are aware, our requirement for submittal of a complete application for a Level 3 Special Event Permit, is a minimum of 5 months prior to the event in order to provide City staff the amount of time necessary for review and processing. In addition, I call to your attention, two other fast approaching deadlines, according to the Master Fee Resolution, any completed Level 3 permit application received less than 120 days is prior to the event are assessed the late fees, which would be $3,665 for your event in addition to the $1,050 deposit. According to City policy, we will not process any applications received less than 90 days prior to the event. So I urge you to return the above mentioned items as soon as possible so that we can first deem whether or not your application is complete, and if so, begin the review process. Please feel free to contact me if you have any questions. Sincerely, Mari Knight, Dir ctor` Re reatIon i3 Senior Services Department cc: Don Webb, Mayor (provided by mail /email) Steve Rosansky, Mayor Pro Tern (provided by mail /email) Leslie Daigle, Council Member (provided by mail /email) John Heffernan, Council Member (provided by mail /email) Richard Nichols, Council Member (provided by mail /email) Leslie Daigle, Council Member (provided by mail /email) Ed Selich, Council Member (provided by mail /email) Tod Ridgeway, Council Member (provided by mail /email) Kyle Kring, Knng & Chung, Attorneys (provided by mail /email) Kenneth Chung, Knng Et Chung, Attorneys (provided by mail /email) 40 PACIFIC SPORTS January 20, 2006 Marie Knight, Director Recreation & Senior Services Department City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 -8915 Dear Ms. Knight, RVA JAN 2 6 2006 We are in receipt of your letter of January 17, 2006. Below are responses regarding the permit application for the 29s' Annual Kring & Chung Newport Beach Triathlon on May 21, 2006. Traffic Control Plan: The traffic plan submitted, designed and most importantly approved for 19 years by the City of Newport Beach and the Newport Beach Triathlon. These plans were created by Jim Brahler, a certified traffic engineer AND a senior member of the staff of the City of Newport Beach. They were modified by Janet Devan, also a certified traffic engineer AND employee of the City of Newport Beach. They are on file with their revisions at the City of Newport Beach and available at all times for your current staff to peruse. To make the claim, as you do, that they are unacceptable is without merit. Once again, they were created and designed by the City of Newport Beach for the sole purpose of traffic control for this event. The closure of the off -ramp of SR -73 at University Avenue is in the City of Irvine who controlled the monitoring of the ramp for all 19 years the course has been used. However, should a closure be necessary (and we believe it unnecessary) the permit comes from Caltrans, as well as approval from the Transportation Corridor Agency and the California Highway Patrol. Our discussions with Caltrans revealed, they felt the impact would be minimal on the community based on the time of day, duration of the closure, and the availability of several other arterial routes that allow easy access to all areas in and around the course. • Included are the addendums to plans from 2005 regarding the use of water • 0 barricades as well as the changeable message signs. These will remain the same as last year, other than the wording involved for the signs. These pages also address parking on Back Bay. 1 500 S. Sunkist Street Suite E • Anaheim CA 92806 714.978.1528 Fax 714.978.1505 www.PaciricSportsLLC.com www.LATriathlon . com 0 The Senior Housing project will have access by way of the JamboreeBack Bay intersection, and making a left hand turn onto Back Bay and into their complex. For exit from the property they will make a right onto Back Bay then a right onto Jamboree and head to PCH, and have access either north or south. This complex will be notified just like any other residential community that is affected. We will work directly with the management staff of the facility to make sure they have access as needed, and all of their tenants are aware of the event. This is the same access we created in 2005 for Newport Dunes Resort without issue from the Newport Dunes staff or guests. It is important that not every event in Newport Beach is treated in an equal and similar manner. The Pacific Coast Triathlon organizers have indicated that at no time has the City of Newport Beach required them to submit a traffic plan stamped by a California Registered traffic engineer, in spite of a closure to Pacific Coast Highway. They have also not been required to use water barricades. In a further informal survey we have found the same to be true of other events and functions within the city of Newport Beach. . Plot Plan/Race Map: • Enclosed is a description and map of the bike and run course. It was included in the original letter, but is now submitted again. • Also included is a site plan of the transition area and Finish Line on Back Bay Dr. Permit Fees and Deposit: We were not made aware of the increase in fees prior to our submission of the permit application on January I I'h. We have included in this packet 2 separate checks of $1,990, and $1,050(refundable deposit). • Please refund our initial payment in the amount of $2,900. • Our permit application was turned in well before the deadline of January 21 and should not be administered late charges. Insurance Certificate: • We have provided the appropriate insurance for 28 consecutive years and further have a perfect safety record for this event. Our insurance policy is maintained by McKay Insurance should you wish to contact them directly. We will provide the certificate and endorsement page in a timely fashion prior to the event. We look forward to a rapid response to the letter and approval of our permit for the 29`h consecutive year. Should that not be immediate, we would ask for the matter to go to the City Council for the appeal process to begin. Thank you for your attention to this matter. Sincerely, n cv( - Jack M. Caress President & Race Director 29`h Annual Kring and Chung Newport Beach Triathlon cc: Homer Bludau, City Manager Don Webb, Mayor Steve Rosansky, Mayor Pro Tem Leslie Daigle, Council Member John Heffernan, Council Member Richard Nichols, Council Member Ed Selich, Council Member Tod Ridgeway, Council Member Kyle Kring, Kring & Chung, Attorneys Kenneth Chung, Kring & Chung, Attorneys 0 U 0 CO - SEW PART �. A CITY OF NEWPORT BEACH RECREATION & SENIOR SERVICES .-M Marie Knight, Director February 7, 2006 Jack M. Caress, President PACIFIC SPORTS 1500 South Sunkist Street Suite E Anaheim, CA, 92806 RE: NOTICE OF REJECTION OF SPECIAL EVENT PERMIT APPLICATION FOR THE 29TH ANNUAL KRING & CHUNG TRIATHLON Dear Mr. Caress: • Enclosed herewith please find Pacific Sports' Application for a Special Event Permit for the 291h Annual Kring & Chung Triathlon ( "Application "), as well as the two separate checks for the deposit and permit fees. Pursuant to Section 11.03.060 of the Newport Beach Municipal Code, the City of Newport Beach ( "City ") is rejecting the Application because the City has determined that Pacific Sports failed to submit necessary information after having been notified that the Application was incomplete. Specifically, on January 17, 2006, the City informed Pacific Sports that the Application was incomplete because, among other things, Pacific Sports failed to submit: 1. A Traffic Control Plan signed and stamped by a California Registered Traffic Engineer; 2. Six copies of the Traffic Control Plan; and, 3. A complete Traffic Control Plan that addressed concerns related to the closure of the SR -73 off -ramp at University Drive, the changes that have occurred on Back Bay Drive, the use of water filled barricades, and the use of Changeable Message Sign ( "CMS "). Rather than submit the requested information, Pacific Sports elected to dispute the determination that the Application was incomplete. Specifically, in Pacific Sports' correspondence dated January 20, 2006, and received by the City on January 26, 2006, it contends that the City must accept the Traffic Control Plan because the submitted plan was approved by the City of Newport Beach for nineteen years. 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3151 - Fax: (949) 644 -3155 - www.city.newport- beach.ca.us Jack M. Caress, President February 7, 2006 Page 2 As the City previously advised Pacific Sports on July 1, 2004, October 28, and December 19, 2005, the City has made substantial modifications to its permitting process over the past few years. One significant change is that the City now requires applications for permits that propose the closure of arterial roadways be accompanied by a Traffic Control Plan prepared, signed and stamped by a California Registered Traffic Engineer, unless the City elects to waive this requirement because it has determined that: (1) the course for a past event is unchanged from a previously certified Traffic Control Plan; and (2) no modifications to previously submitted plans are required to address safetyltraffic issues and/or other changed conditions. Here, the submitted Traffic Control Plan is insufficient because it fails to address significant safety /traffic issues and changed conditions along the route. As you will recall, the route proposed in the Application was changed in 2004 and 2005 due to safety issues, traffic delays, and complaints related to the May 18, 2003 event. One of the major concerns after the May 18, 2003 event was the impact of the event on SR -73 and the University Drive off -ramp. Specifically, in the past, the off -ramp at • University Drive has been blocked by Pacific Sports' event which has resulted in the closure of the off -ramp. While Pacific Sports contends that the closure of the off -ramp of SR -73 at University Drive is within the City of Irvine's jurisdiction and is not a City concern, this location is within the City of Newport Beach. Based thereon, the submitted Traffic Control Plan is woefully insufficient because it does not address the closure of the southbound SR -73 off -ramp at University Drive and accompanying traffic control on University Drive. In addition, the submitted addendum: (1) only show portions of a previous Traffic Control Plan for a different route; (2) conflicts with the submitted Traffic Control Plan in regards to. the closure of Jamboree Road; (3) does not show or address the new parking on Back Bay Drive or provide an adequate opening to accommodate Senior Housing access on Back Bay Drive; (4) reflects the messages and closures for a different route and street closure; and (5) proposes inappropriate CMS locations for the proposed closure. Further, the submitted Traffic Control Plan does not address safety issues that have arisen in the past necessitating modifications to the Traffic Control Plan to: (1) reduce the risk of conflict between participants /spectators and vehicles on Jamboree Road, and (2) improve access to a larger number of residential communities and businesses along the proposed route. Given the significant traffic /safety issues and changed conditions, the Traffic Control Plan must be updated to meet current City standards. Further, the required modification of the Traffic Control Plan is in no way altered by the involvement of Jim • Jack M. Caress, President February 7, 2006 Page 3 Brahler or Janet Devan (who have not been employed by the City for over ten and three years respectively) in the preparation of the Traffic Control Plan. The fact that these former employees may have contributed to the creation of outdated plans does not alter the City's position that plans for special event permits must conform to the City's current requirements. In sum, the City is not persuaded by Pacific Sports' contention that the Application is complete. Hence, the Application is being rejected because Pacific Sports did not submit the required information as requested. Per Newport Beach Municipal Code Section 11.03.060, Pacific Sports has ten (10) calendar days after its receipt of this notification to file an appeal challenging the Director of Recreation & Senior Services Department decision to reject the Application and to pay the appeal fee in the amount of $255.00. If Pacific Sports fails to file an appeal within this time period and pay the appeal fee will be barred as untimely. (A copy of Municipal Code Section 10.03.060 is attached) • In the alternative, Pacific Sports may submit a new application for a special events permit. However, please be advised that the City will not process any application for a Level 3 permit that is received less than ninety (90) days prior to the event. Furthermore, any application received less than one hundred and twenty (120) days before the event will be assessed a late fee, which would be $3,940 for your event as well as the $1,125 deposit. Feel free to contact me if you have any questions or concerns regarding this matter. Marie Ynight,.Dir6ct$ Recr ation & Seniok5ervices Department Enc. M Don Webb, Mayor (w /o Enc.) Steven Rosansky, Councilmember (w /o Enc.) Leslie Daigle, Councilmember (w /o Enc.) Richard Nichols, Councilmember (w/o Enc.) Ed Selich, Councilmember (w /o Enc.) Tod Ridgeway, Councilmember (w /o Enc.) • Kyle Kring, Kring & Chung Law Office (w /o Enc.) Kenneth Chung, Kring & Chung Law Office (w /o Enc.) 1 1.03.060 Pennit Review Procedures. Title 11 RECREATIONAL ACTIVITIES' Chapter 1.1,03 SPECIAL EVENTS 11.03.060 Permit Review Procedures. Page] of 3 A. Reviewing Authority. All Applicants lot special events regulated by this chapter shall apply for a permit from the Recreation and Senior Services Director. B, Application Filing. Applications for special events shall be made in advance of the start of the special event. Applications shall be submitted to the appropriate Director, not less [ban the number of days established by resolution of the City Council. The City Council Resolution shall establish time periods for applications to be submitted sufficient to allow for review of completed applications depending upon the number of attendees and impact of the special event on City property. Late submissions shall constitute grounds for denial. However, if an application is made less than the required time, the Director shall determine if there is sufficient time remaining for proper review of the application under the provisions of this chapter. If the Director determines that there is sufficient time for review, an increased fee shall be charged for late filing, as determined by resolution of the City Council. If the Director determines that there is not sufficient lime, the Applicant shall be given the option of rescheduling the special event, or withdrawal of the application, or denial of the application. If the application is withdrawn prior to processing, the Applicant would be given a full refund of fees. C. Submission Requirements. Applications for special events shall be completed in their entirety on forms supplied by the Director, and shall include information such as the Applicant, a description of the special event, a site plan or route plan, and any other information deemed necessary by the Reviewing Authority to complete review of the proposal. If the special event is proposed to be operated with, or on behalf of another person different than the Applicant, the application shall include the name, address and telephone number of each person who will operate the special event. Any person who applies for a permit as an authorized agent of the Applicant shall provide written authorization of such agency. D. Fee. Applications shall be accompanied by a fee established by resolution of the City Council. The fee shaft be established at a fate to cover the City's actual costs cf review and processing of the application and to reimburse the City for all City department service charges the City incurs in connection with or due to the activities under the permit. These costs are for the direct impacts caused by the special event or those in attendance at the special event, not actions of onlookers. Prior to issuance of the permit, the Applicant may be required to submit a cash deposit in an amount sufficient to cover the total City departmental charges estimated to be incurred in connection with the permit. After the special event has concluded, City departments shall submit the final invoices and billings for each department, which shall be totaled into a final invoice and provided to the Applicant, who shall pay any unpaid balance within thirty (30) days of receipt of the invoice. The fee shall be in addition to other fees required by the Code, and shall not be waived. E. Review Process. The Director shall review and act on complete permit applications in accordance with the procedures set out below. The Director may refer any application to the City Manager for special review under the procedures set out In subsection G of this section. 1, Filing. Applications shall undergo initial staff review. Within ten business days of filing, the Director shall cause the Applicant to be notified in writing whether the application is complete. If an application is determined to be incomplete, the notification shall identify those parts of the application that are incomplete and shall indicate the manner in which they can be. made complete. The Director may reject the application if the Applicant fails to complete the application after having been notified of the additional information request. 2. Other Department Review. If the Director determines that there are potential traffic or safety issues associated with a proposed special event, the application shall be referred to the Police and /or Fire Departments for review of such issues and recommended conditions of approval. In addition, the Reviewing Authority may refer the application to any other appropriate staff member 0 A htto: / /ordl ink. com /codes /iiewi)ortb/ 1 >ATA /TITLEI I /Chapter 11 03 SPECIAL EVENTS... 2/7/2006 11.03.060 Permit Review Procedures. Page 2 of 3 or department for review and recommended conditions of approval. is 3. Public Notice. The Director may require a mailed or delivered notice of a proposed special event to property owners if the Director determines, on a case -by -case basis, and that the public interest would be served by such notice. The Director may also require proof of said notice when deemed necessary. 4. Action by Director. After determination that the application is complete, the Director shall conduct an appropriate investigation, including consultation with other departments and site visits as deemed necessary. The Director shall then approve a special event permit, with or without conditions, unless he or she finds that: a. Special review of the proposed special event by the City Manager is required under subsection G of Section 11.03.060; b. One or more of the standards of Section 11.03.050 of this chapter are not met, c. The special event will cause substantial traffic, safety or health hazards within any area of the City, d. The special event will cause excessive noise impacts that will be materially detrimental to the general public, property owners, residents, or businesses near the special event site or route; e. The special event is scheduled to occur at a location and time in conflict with another special event scheduled for the same day or weekend and such conflict will create conditions materially detrimental to the general public or to nearby property owners, residents, or businesses, or would adversely impact the City's ability to provide adequate services; f. The special event is proposed to be located in or upon a building or premises which is hazardous to the health or safety of the special event attendees under the standards established by the Uniform Building or Fire Codes, g. The time, route, or size of the special event is reasonably likely to substantially interrupt the safe and orderly movement of traffic contiguous to the special event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion; or the special event is not reasonably likely to move from its point of origin to its point of termination in four hours or less; h. The concentration of persons, animals and vehicles at the site of the special event, or the assembly and disbanding areas around a special event, is reasonably likely to prevent proper police, fire, or ambulance services to areas contiguous to the special event; i. The size of the special event is reasonably likely to require diversion of so great a number of police officers of the City to ensure that participants stay within the boundaries or route of the special event, or to protect participants in the event, as to prevent normal protection to the rest of the City. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of special event participants with the number of police officers available to police the special event; j. The location of the special event is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit; k. The special event lacks adequate parking for employees and the public attending the proposed event under the applicable standards of Chapter 20.66 of the Code, except where the special event is pad of an existing legal nonconforming use with respect to parking; I. The application is made by an Applicant for a special event where conditions of a previous permit issued to the Applicant were violated, or where any City ordinance, rule or regulation was violated; m. The special event is in conflict with applicable provisions of any federal, state and /or local laws, • n. Information in the application or supplemental information is found to be materially false or misleading; and o. The special event will have an adverse effect on the health, safety or welfare of the public. The Director shall approve, conditionally approve, or deny an application on one or more of the 11.03.060 Permit Review Procedures. Page 3 of 3 grounds specified above. The Director shall act as expeditiously as possible and, in any case' (i) no later than thirty (30) days after the Director received a completed application pursuant to . subsection (E)(1) above. If the application is denied or approved on conditions other than those accepted by the Applicant, the Director shall inform the Applicant of the grounds for denial of the application in writing, or the reason for the conditions imposed, simultaneously with notice of the decision, and shall further inform the Applicant of his or her right of appeal. If the Director relied on information about the special event on other than that contained in the application, the Director shall inform the Applicant of the additional information he or she considered. The Applicant shall be notified of any permit conditions at the time the application is approved and of the Applicant's right to appeal the permit conditions. If the Director determines that good cause to consider a late application does not exist under Section 11.03.060(6) within seven days of receipt of the late application, the Director shall inform the Applicant of the reason for his or her determination regarding lack of good cause and of the Applicant's right of appeal. If a Level 1 permit is denied by the Reviewing Director that decision is final. 5. Conditions of Approval. As conditions for granting a special event permit, the Director may impose reasonable terms and requirements concerning the time and place of the special event, the area and manner of conducting the special event; the maximum number of attendees; the intensity of sound amplification; the protection of the bay and ocean relative to water quality, the regulation of traffic; the number and size of signs and banners, any traffic barricades to be provided by the Applicant; whether alcoholic beverages are allowed; and such other requirements as the Director finds reasonable and necessary for the protection of persons and property. 6. Permit Issuance. If the permit is approved, the Director shall cause the permit to be issued subject to confirmation that all information and documents required by this chapter have been filed, all required fees, deposits, and sureties have been paid or posted, and all conditions of approval have been provided for 7. Applicant Notification. After action on the application, the Director shall cause the Applicant to be notified in writing within five days of the decision. The Applicant may appeal decisions by the Director to the City Manager in accordance with this section. F. Appeals to City Manager. Within ten days of the dale of written notification of action by the Director, an Applicant for a Level 2 or Level 3 Permit may appeal any denial of the application or any condition of approval to the City Manager. The City Manager shall hear appeals at least ten days following filing of the appeal. The City Manager's decision on the appeal of a Level 2 Permit shall be final. G. Special Review by City Manager. Applications for special events which the Director determines has the potential for greater - than -usual noise, traffic or other impacts on nearby properly owners, residents, and businesses, may require special review by the City Manager. The City Manager shall review the application with the Applicant at least ten days following the Director's decision that the application requires special review. H. Appeals of City Manager Decision. The City Manager's decision under subsection F or G above shall be rendered within ten days of his or her consideration of the appeal or special review. The City Manager shall approve the application unless he or she makes one or more of the findings for denial set out in subsection 4 of Section 11.03.060(E), in which case the City Manager may deny the application. In approving a special event permit, the City Manager may impose conditions of approval, as set out in subsection 5 of Section 11.03.060(E). The City Clerk shall notify the Applicant in writing within five days of the City Manager's decision. The City Manager's decision on an appeal under subsection F above for all Level 2 permits shall be final. The City Manager's decision under subsection G above, and on all Level 3 permits may be appealed to the City Council pursuant to Section 11.03.100. (Ord. 2004 -4 § 1 (part), 2004) 11 2459 PACIFIC SPORTS (714) 978 -1528 150D S SUNKIST ST SUITE E ANAHEIM, CA 928D6 I666 228 / / A DATE ORDER �' T „(� �T �P/FCf/ $ 2 Sae. o 0 ORDER OF T Y O ! N2W tVa- mm(i{,pG(.6nnAyl /iLl�+....Q�//- �/ O DOLLARS 8� U1 Bank of America Tustin ere YkI0 13 11 Nexppt AVeml¢ T.sthn 92 (714) 9738495 FOR Te..r�'✓ca %tt — - - -- "' 11'00245911' 1:1 2 2000 6 6 11: 0840 11.0199311' A C I F I C PO R T S Suite E • Anaheim CA 92806 0 0 RECEIVED JAN 11 20061 Office of the City Manager PACIFIC SPORTS (714) 978 -1528 1500 S SUNKIST ST SUITE E ANAHEIM, CA 92806 16 -66 / DATE ZO D / 1220 6 PAY TO THE ORDER OF H) Bank of Arl e /r%a6 Tustin Branch 0840 ' 13341 Newport Avenue TAlin,CA92680 ((7n714) 973 -8495 FOR �Cct/QO.ry Awell 11100 246 4u• 1; 12 2000 6 6 11: PACIFIC SPORTS (714) 978 -1528 1500 S SUNKIST ST SUITE E ANAHEIM, CA 92806 L L A R S El /A -------------- - ----- 0840611 199311' 2465 16 -66 DATE % 20 db 220 PAY � G TOTHE ORDEROF (_J �yO j�NPL!/�IGT Zee, C'T l — � $ ,/ p II. Ski M Bank of America Tustin Branch 0840 13341 Newpotl Avenue TWO. CA 92680 (714) 973.8495 FOR NrwpDR f :sP�rc�t T �.✓ 11.00 246511' 1: 12 2000 66 11: 08406 PACIFIC SPORTS 1500 S. Sunkist Street Suite E • Anaheim CA 92806 199 3110 LLARS Ba. • 40 i LAe - r u Twpolvl a Ci,LIFORR� Recreation & Senior Services De 3300 Newport Blvd - Newport Beach, CA Phone: (949) 644 -3151 — FAX: (949) SPECIAL EVENT PERMIT APPLICA1109 JAN 1 1 ❑Casino ❑Concert Performance ❑Festival ❑Fundraiser OFFICE USE ONLY Harbor Activities ❑Live Music ❑ParadelProcessions —rte tc ^ Race /Walk I',Q SEP NUMBER LEVEL ❑Sale 1 Expo ❑ Surf Contest ❑Tournament ❑ Other APPLICATION FEE Event Title: 09 AAA,A� K /rn5 Nxwp4 (� ✓may -4- & M t– �,_�nnto� EVENTDATE:MAY JI dx(� Estimated Attendance Per Day: So 0 Participants: V TOT,) Spectators: 150 0 ❑ No Yes - Describe 6f nj,/41" Actual Event Hours: G : L{ SA Set Up/Assembly: Date: S %D Start Time: 16AM 10:0o A Break down /Dismantle Date: S a 1 Completion Time: N0610 31 List any streets that reouire closure for this event: a0 3 CojlS2 s. F -, w a s . ..5 1 <.= AR , CI A *F N�3' GS�RGE! NATION INFO.RMATfO,N ', %Commercial ❑ Non- Commercial c S(A4 LLG Contact person: do Address: 1S00 S. 5� —ICAj S+ Af, 6 City: Zip: 9 �- NO On 8. i Sa8 Fax: 91q email �dS�Q 1 /ltiGc S{fa/ Please list name, address, phone and email of any professional organizer of event planner hired by you to produce this event: Phone: email: If professional event organizer is applying for this permit, a letter from the Chief Officer of the organization which authorizes the organizer to apply for this permit is required. • Y�V ALA' ^s1 )-V X35- tilt` Person listed above must be in attendance for the duration of the event and immediately available to City officials. APPLICANT MUST COMPLETE ALL THREE PAGES OF THIS DOCUMENT 9-� 8. 1 Sj8 ',kr Q Is this event open to the public: ❑ No O Yes - Describe j ' I Traffic safety_ equipment required: ❑ No f�Yes - Describe Pvj y I IrL W d (k S Describe entertainment & related activities (if not please explain) Will alcohol be ❑ Served ❑ Sold ® No If yes - Contact person Phone: Will food be K Served El Sold El No If yes - Contact person kjo5 + Phone: Will food be prepared at event ❑ Yes R No ❑ Drawinq ❑ Casino (Comnanv 8 Contact Person Will there be sound amplification? ❑ No ❑ Yes -Indoors X Yes - Outdoors IOA dA . a� Describe sound eauipment: 5 ,,a 11 fA ?1 1 Dlf Amplified sound requires an onsite contact person — Name: jk- Cc Cell Phone: a 137 (PERMIT REQUIRED FOR EACH TENT OVER 200 SO. R. Will there be canopies or tents? No ❑ Yes —Size and Number ANDIOR CANOPIES OVER 400 SQ. ".) Date installed: Date removed: Name of Supplier: Will booths bleachers stages or structures be erected? ®No ❑ Yes -Describe pr Will signs or banners be used? E] No Yes - Describe S 00dn 1a/ b �^�ou( 3 'k, (inflatable signsIbannem and searchlights are not permitted in the City or Newport Beach) Will there be generators vehicles boats or other equipment? ❑ No 0 Yes -Describe Will there be commercial filminq of this event? W No ❑ Yes -Describe Additional information APPLICANT MUST COMPLETE ALL THREE PAGES OF THIS DOCUMENT J, THE UNDERSIGNED, ACKNOWLEDGE AND UNDERSTAND THAT I AM RESPONSIBLE TO COMPLY WITH THE INFORMATION, RESTRICTIONS AND EDITIONS OF THE PERMIT WHEN ISSUED. I HEREBY ACKNOWLEDGE RESPONSIBILITY FOR PENALTIES ASSOCIATED WITH NON - COMPLIANCE THE PERMIT CONDITIONS, WHETHER OR NOT I AM PRESENT AT THE TIME OF THE VIOLATION. (INTTIALS) I hereby certify the foregoing statements to be true and correct, and agree to defend, indemnify and hold harmless the City of Newport Beach, its City Council, officers, agents, employees and volunteers from and against any and all loss, claims, damages, liability, such claim or suit arising from or in any manner connected to the requested activity. I also agree, if approved, to comply with all permit conditions, and understand that failure to comply with any condition or any violation of law may result in the immediate cancellation of the event, denial of future events, and or criminal prosecution. Failure to comply with permit conditions can result in revocation administrative citations (s), fines and denial of future permit applications. L, 5't-ALIt ^s of the permit, forfeiture of deposit, Method of Payment: ❑Cash ❑Check# ❑Credit Card# Check One: ❑VISA ❑AmEx ❑Master Card "" - Attachments received: ❑Banner Permit ❑Insurance Cert & Endorsement Page El Banner Permit ❑Tent Permit / Application []Site Plan (outdoor) ❑ Plot Plan (indoor) Staff Member Receiving Attachments: A. Special Event Permit Fees B. When Do I Need A Special Event • I"- -,:. — n'. 1.1 Back Bay Drive Timeline 2006 New ort Beach Triathlon Saturday May 20th Noon Begin Setup 6 m Full Closure of Back Bay Dr. Sunday May 21st 4AM Pacific Sports Staff on Site 4 -6am Finalize setup 6:30AM Finalize Setup at Jamboree and Back Bay 6:45am- 10am Race in Progress 10 -Noon Cleanup 12:30PM Open Back Bay Dr. Ll LJ C PACIFIC SPORTS IMPORTANT INFORMATION ON STREET CLOSURES ORGANIZATION NAME: On May 21, 2005 the 29`t' annual Kring and Chung Newport Beach Triathlon will be held in Newport Beach.This letter will provide you with the information regarding road closures and times of the event as it may relate to your Sunday schedule. Cycle Coursc: The cycle course is 13 miles long and will start on Back Bay Drive. Cyclists will turn left onto Jamboree (in S/b 91 lane), and continue on Jamboree past San Joaquin Hills to Eastbluff Dr. and turn left. They will take Eastbluff Dr. past Jamboree onto University, proceeding to Campus Dr., making a left turn. The cyclists will turn right onto Carlson, and then right again onto Michelson to a turnaround point at Riparian Way. At that point they will retrace the course on Michelson, Carlson, Campus and University (crossing Jamboree), then making a right onto Back Bay Drive. Cyclists will follow normal flow of traffic on Back Bay to the Transition area at the Dunes Waterfront Resort. Run Course: • The run course is 3.1 miles. Runners will turn left onto Jamboree from Back Bay Dr. After San Joaquin Hills, the runners will turn left onto the trail at Big Canyon Gully (behind Park Newport), The course proceeds on the trail to Back Bay Drive, turns left onto Back Bay Drive, and continues to the finish line near the Dunes. The event begins at 6:45 AM. Roads being used for the cycle course will be compromised from about 6:30 AM — 8:45 AM. Roads on the run course will be used from 7:15 AM — 9:15 AM. Please give yourself extra time to get to your destination if you must use any of these roads. Police officers will be in position at all intersections to assist with the traffic flow, and alternate routes. Please call us at 714.978.1528 with any questions or concerns. You may also refer to the website (www.pacificsportslle.com) for further information. Your cooperation and support are greatly appreciated. Sincerely, Josh Studzinski Director of Operations Pacific Sports LLC *Please sign, date and return to us via fax 714.978.1505 Signature Company •� r ,,'III,,, �,II III• _.� \OWWIVi .� II I��� • IIp� II��.. ����W Wi � ., II II,�. �w�lllit%ii _ =wv —TEL Date 1500 S. Sunkist Street Suite E • Anaheim CA 92806 714.978.1 S28 Fax 714.978.1 SOS www.PacificSportsLLC.com www.LATriathlon.com New ort Contacts Organization Contact Name Ph# Fax # email mail Villa Point Scott Smith 714.444.2602 714.444.3602 Scott southcoast m.com Island Lagoon Terry Smith 714.279.1122 714.279.1130 1518 Taft Ave Orange, 92865 OCTA Manny Perez 714.265.4333 714.265.4317 NB Tennis Club Steve 949.644.0050 949.644.0437 2601 Eastbluff Ba side Village Patty Pem er 949.673.1331 300 E. Coast Hwy Palisades Tennis Club Ken Stewart/Terri 949.644.6900 1171 Jamboree Hyatt New porter Brooke Burnett 949.729.6002 949.7299.6044 1107 Jamboree Harbor Cove Sheri Connor 949.838.3284 949.833.0919 16845 Von Karman #200 Irv92606 Park Newport Linda Gunther 1 Park Newport NB 92660 Baypointe 2500 Baypointe Dr NB 92660 Eastbluff HOA Scott Smith Emmons Co 17300 Redhili Ave #210 Irvine 92614 Eastbluff Apt Owners Assoc PO Box 4708 Irvine 92616 Eastbluff Village Center Randy Daaboul 5 Jenner, Ste 100 Irvine 92618 Villa Siena 25 Palatine Irvine 92612 Toscana A is 35 Via Lucca Irvine 92612 Liberty Baptist 1000 Bison NB 92660 ilL St. Mark Presbyterian 2100 Mar Vista NB 92660 Corona del Mar HS Fal Asrani- Principal 949.515.6000 2101 Eastbluff Our Lady of Angels 2046 Mar Vista NB 92660 • 0 •. �l�q? City of Newport Beach- Revenue Division a m 3300 Newport Boulevard Newport Beach, CA 9265E a 949- 644 -3148 or 949- 644.3140 949- 644 -3073 Event:NC.P., i t)Y�c (%411 Date of Event: 5 / o All businesses affiliated with the event that have been hired to provide a service or product and are a for profit organization or company must obtain a business license from the City of Newport Beach Revenue Division. List all trades and occupations associated with your event, including but not limited to, DJ's, Magicians, Bounce Houses, Coordinators, Photographers, Caterers, Security, Cleaning Crews, Set -up and Take -down crews, Auctioneers, etc. SERVICES NAME OF BUSINESS COMPLETE MAILING ADDRESS PHONE Ind. Area Code CONTACT NAME J4e 8104 ACORQ. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/2005) 03/31/2005 IRODUCER (641) 842 -2135 FAX (641) 828 -2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McKay Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 106 Bast Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 151 Knoxville, IA 50138 INSURERS AFFORDING COVERAGE NAIC / NSURED Recreation 6 Amateur Sports Risk Mgmt. Assn. INSURERA: Lexington Insurance Company 19437 National Triathlon Safety Group INSURER 8: Pacific Sports LLC INSURER C: 1500 S. Sunkist St. Suite E INSURER D: Anaheim, CA 92806 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIALGENERALLIABILITY CLAIMS MADE [XI OCCUR X Includes Athletic 5061304 05/22/2005 05/23/2005 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 100,000 MED EXP (My . Person) $ Excluded PERSONAL B ADV INJURY $ 1,000,000 Participants GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY M PEP LOC PRODUCTS - COMP/OP AGO $ 1,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS fox or COMBINED SINGLE LIMIT cci (Ea adent) BODILY INJURY IPW person) BODILY INJURY (Per accdent) $ PROPERTY DAMAGE (Per an:idmO $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY: AGO $ $ EXCESSAIMSRELLA LIABl. OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER.EXCLUDEDV K yes. desmi MIAer SPECIAL PROVISIONS DekO STAN- OTH- VrC IMIT.� FIR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OFOPERATIONS/ LOCATIONS / VEHICLES/ EXCLUSIONSADDEDBYENDORSEMENT /SPECIALPROm NS Newport Beach Triathlon: May 22, 2005 Location Of event is Newport Dunes Resort and Newport Beach City Streets Certificate bolder is an additional insured but only with respect to liability arising out of the operations of the above named insured. City of Newport Beach Risk Management 3300 Newport Blvd. Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRiATION DATE THEREOF, THE ISSUING INSURER WILL ENDEA VOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF* BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LVABILI Y AUTHORIZED REPRESENTATIVE Dan 4x' -21 -03 05:12P smd insurance 626 5776656 P.06 \_ J • • POLICY NUMBER: ECP000305 -00 COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modilies insurance provided under the following: COMMEHCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Ortlanitation: CITY OF NEWPORT BEACH eXP - bAl ;Iooy (If no envy appears above. information required to complete this endorsement will be shown in the Declara- tions as applicable to Ihis endo(sement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organiaatioc shown in the Schedule% but only with respect to liability arising out of your ongoing operations performed for that in. 5ured. "IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED SHOWN ABOVE SHALL BE PRIMARY INSURANCE. ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS AND NON - CONTRIBUTORY BUT ONLY AS RESPECTS ANY "CLAIM" OR "SUIT" ARISING OUT OF "YOUR WORK" AND ONLY IF SUCH "CLAIM" OR "SUIT" IS DETERMINED TO BE THE SOLE RESPONSIBILITY OF THE NAMED INSURED. CG 20 10 10 93 Copyright, Insurance Services Offico, Inc., 1992 PACIFIC SPORTS January 9, 2006 Homer L. Bludau City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 Dear Mr. Bludau: We have received your letter of December 19, 2005. Enclosed is the complete package for the 29`h Annual Kring & Chung Newport Beach Triathlon, the longest running triathlon in the world. A completed permit application, traffic control plan, permit fees, deposit and all supporting documentation is included in the package. We strongly disagree with your suggestion that we have not submitted complete packages in the past. However, to remove that contention for this upcoming event, we would strongly request that we receive communication from your office of any documents or necessary items that, in your opinion, are missing within 72 hours of our hand delivered submission to your office. The course we used for 19 consecutive years from 1985 until 2003 without incident or safety issue and its related traffic control plan are in the submitted package. The success of this course is well documented and impacts the city far less than the course we used, upon the suggestion of your special events committee, for the past two years in 2004 and 2005. There is no documented evidence or history to that has ever been put forward support your claim of potential traffic problems. With the timeline presented (and historically accurate from those 19 years) in our December 1, 2005, letter, the impact is far less than the course of the past two events. Privately, members of your event committee have strongly encouraged us to return to this course which was both popular and safe. We agree with their opinion and that of participants who have broadly supported this decision. As an aside, we are aware that the Newport Jazz Festival is scheduled concurrently on our race weekend. Since we have coexisted with their event on several weekends we see it only as an advantage since the participants enjoying attending the festival after the triathlon is finished. "I p, I_ ' IW WI I I \ \\ \` +IW -11,.. � 1% 1 1110 I, ';Los Angeles Triaddon), r 40 1500 S. Sunkist Street Suite E • Anaheim CA 92806 714.978.1528 Fax 714.978.1505 www.PaciricSportsLLC.com www.LATriathlon.com We look forward to finalizing the preparations for the 29h event and continuing its unparalleled position in the sport of triathlon and the community of Newport Beach. Sincerely, O Jack M. Caress President and Race Director Pacific Sports LLC Kring & Chung Newport Beach Triathlon Cc: John Heffernan, Newport Beach City Council Tod Ridgeway, Newport Beach City Council Don Webb, Newport Beach City Council Edward Selich, Newport Beach City Council Steven Rosahsky, Newport Beach City Council Leslie Daigle, Newport Beach City Council Richard Nichols, Newport Beach City Council Kyle Kring, Kring & Chung, Attorneys Kenneth Chung, Kring & Chung, Attorneys 0 a 0-- .-1 Maps At . - ' P Info • If � gistration - o rnat nfir KR I<NG & CLUNG; NEWPORT BEACH TRIATHLON. H U M A N R A C E Merchandise - Maps - Travel - Photos Maps The race starts with a 1/2 mile swim in the Back Bay of Newport Dunes recreation area at Jamboree and Back Bay Drive (shown Parking is located here. The Newport Dunes is located at Jambc Drive.From the 405 or 73, take Jamboree towards the beach. Ri PCH, you will turn right on Back Bay Dive. The swim is a flat wal temperature is usually in the high 60's. Wetsuits are optional.�Th Back Bay Drive. For the bike, you head out Back Bay Drive to JE (away from PCH). You return coming back on Back Bay Drive ai the same way as you did on the bike. You will be tatting a short 1 back onto Back Bay Drive to finish the 3 mile run. Check out the CYCLE COURSE: The transition area is on Back Bay Qri Bay Drive and take a left on Jamboree. Follow Jamboree go left Follow Eastbluff across Jamboree where Eastbluff turns enters the City of Irvine. Continue on University to Campus Driv Campus Drive to Carlson and take a right Take Carlson Ave to right Take Michelson Drive to the bridge, do a U -turn and COME to Carlson and take a left. Take Carlson to Campus Drive and t Campus Drive to University Drive and take a right. Take Univer. (where it again becomes Eastbluff Drive). Take Eastbluff Drive take a right. Take Back Bay Drive to the Newport Dunes for the httD: / /www.narifin¢nnrtcllr h. each in the Newport i this picture). ;e and Back Bay it before you get to r swim and the water transition area is on iboree and go left I head out on the run iil to drop you down laps below.... You go out Back Eastbluff Drive and D University as it ind take a left. Take chelson and take a Ick down Michelson a left. Take across Jamboree 3ack Bay Drive and :e finish. Maps RUN COURSE: Run out of the transition area down Back Bs Turn left on Jamboree and go across San Joaquin Hills. Turr Newport into Big Canyon Gully, which is a dirt trail. Take Big Can Bay Drive and take a left. Run down Back Bay Drive to the finish: httn'11www i Page 2 of �J 0 t Drive to Jamboree. left behind Park on Gully to Back 'An 1 i ')nn w w Maps Select Another Page littp-*//Www,paf-ificsportsile-comNewportBeach/maps.htm Page 3 of 4 I N 26D6 NEWPORT BEACH TRIATHLON ° o TRANSITION SITE PLAN o ° YJB PRODUCTIONS■* 0 ° rt"r ■ �iw omtoo.re DIAGRAM TO SCALE _� . wrtlav" V`fP fast update: 123106 VIP RACKS = lo'length -6 participants per l0' vlP wP� and 10' between rows of racks VIP wave 1 WjVeT.._. wave waveT— wave TOTAL TRANSITION AREA: waves- - 35D' X 64' wave z` D wave TOTAL RACKS: 120) 10' RACKS o wave x w,v60— TOTAL FENCING: 1000' CD wa`ve-Z` WBVeT -� w°avey- 0 9 wave wave "T - � m e-'5 wavy -3— wav wavea-9- wave 3 `w9von— w`aveua- wave°S'� wavb'T- NEWPORT DUNE! wiver- WOVe� GIUG"'iE 3wav` O m'.V. waVl Z_ W0V0 30ROWS Waver 30 ROWS 80) 10' RACKS wave' 60) 10' RACKS wave 5 wave 5 wave"5 -- wave e THIS SIDE = 330' -- THIS SIDE 350' • IN LENGTH w'evs3— wave a IN LENGTH weve8 -- wave e waver wave 0 ave ;ve -r--- -;717j-7- wavee i wave i wave i wave 7 wave B wave B waver relays �a waV_BB� fefaye p egµfllA001r[ �R i5 0°PfMM .aNr ■ a e t P o 1"0 ry O 9O x il lifm WPM�' p ° ° 0 O 0 0 ." w 0 0 • Nnoc B FINISH A RE A: 2 SEC TIONS OF FENCING Kniqht, Marie m: Dingwall, Matt t: Wednesday, March 01, 2006 3:40 PM Knight, Marie Subject: FW: 06 -030 DUE BY 3 -1 -06 12 NOON - 11-tAs� Pin is C�j� zrmC, From Jeff We Sent: Wednesday, March Ol, 2006 3:35 PM To: Dingwall, Matt Cc: MCDonell, Bob Subject: RE: 06 -030 DUE BY 3 -1 -06 12 NOON Event Date Conditions 1. All vehicles shall be lawfully parked. No fire lane exemption. J 2. No exclusive use of public parking areas. Any offsite parking on adjacent lots requires written permission from appropriate property owners. Applicant to provide in writing evidence of permission from property owners. 3. Directional signs to event parking shall be posted on race day and removed immediately following the event. Event volunteers shall be positioned to direct attendees to parking areas. 4. Provide adequate course monitors and parking staff as required. Event staff and course monitors shall prevent participants from running or riding outside of the pre- approved course areas. 5. Applicant responsible for providing adequate volunteers, course monitors, event staff, traffic control devices and signage to safely direct participants during the event, particularly on the bicycle course. Provide a detailed course lay -out and design plan two weeks prior to the event. Participants shall not interfere with vehicular or pedestrian traffic. Activities shall not create a pedestrian or traffic hazard. Prevent crowds from standing in streets and from blocking sidewalks. 8. Applicant to street sweep areas near water filled barricade locations to minimize contaminants when barricades are emptied. Applicant is responsible for rental and installation of water filled barricades. 9. No posting of promotional signs permitted on any portion of public property, including trees, utility poles, street signs, etc. 10. No paint or other permanent markings on the pavement are permitted. 11. Do not obstruct emergency vehicle access to any areas. Maintain Fire Department access to buildings and fire suppression equipment. 12. Comply with the lawful orders of Police and Fire personnel, or other government officials. 13. Obey all City, County and State regulations. 14. All food service shall comply with the Orange County Health Department regulations. For more information, contact the Orange County Health Department at 714- 667 -3621. 15. No alcoholic beverages permitted. 16. Amplified sound shall not begin before 7:45 am and shall cease by 10:00 am or at the order of the Police /Code and Water Quality Enforcement and shall not be loud and unreasonable (MC 10.28.010). Race shall be started using a flag or other form of non - audible equipment. 17. Any sound amplification or noise associated with this special event activity is controlled by Newport Beach Municipal Code Sections 10.26, 10.28, and 10.32. You should be aware if complaints are received relative to any noise generation you may be told to either lower or to eliminate any noise associated with your activity by the Police Department, Code Enforcement or Park Patrol Officer. 0 Any waste that enters or may enter the storm drain system (street and gutter) is strictly controlled by Newport Beach Municipal Code Section 14.36. This section prohibits the discharge of any pollutant into these areas. Therefore, you should make any arrangements that may be necessary to remove or to eliminate any potential pollutants from entering the storm drain system. 19. The City of Newport Beach reserves the right to change or modify the race /walk route or conditions due to unforeseen circumstances (construction, maintenance, weather, etc.). The City will work earnestly with the event applicant to identify and resolve any needed changes and /or modifications. However, if the City and applicant cannot agree on the changes necessary for a safe event, the City reserves the right to cancel the Special Event Permit. 20. Access must be maintained to the following areas: Villa Point Condominium, Island Lagoon, Hyatt Regency, Palisades Tennis Club, Bayside Village, Harbor Cove Community, Park Newport, Fashion Island, Marriott, Police Department, Fire Department, Colony Apartments, The Ritz Restaurant, El Torito Grill, and OCTA Bus Depot. 21. Clean -up is the responsibility of the Permittee. Clean the area immediately following the event. 22. Permittee is strongly advised to have a minimum of 40 volunteers on the bike coarse to properly manage the driveway access and barricades. Applicant to provide a written detailed plan showing the exact locations and numbers of course volunteers and course monitors a minimum of two weeks prior to the event for review. 23. Applicant to conduct a pre -event volunteer and course monitor meeting to adequately train and inform volunteers and course monitors of their positions and duties. Applicant to notify the City of the date, time and location of the meeting. 24. On site contact the day of event(s) is Josh Studzinski at 216 - 235 -1945. 25. Amplified sound contact is Jack Caress at 714- 271 -2137. 26. Provide a copy of this permit upon request of a public official. Pre -Event Conditions 1. Provide course monitors/ volunteers and parking staff as required. Race staff should be assigned to trail race and advise Police Department when roadway is clear. 2. Permittee shall coordinate with the Police Department to station five (5) volunteers at Coast Highway /Jamboree Road and other unsecured locations/ driveways throughout the course. 3. It is the responsibility of the Permittee to obtain permission from several property owners for traffic control installation and maintain traffic control devices on private property (Newport Dunes, Marriott, Fashion Island, etc.). 4. Permittee shall provide $1,000,000 general liability insurance naming the City of Newport Beach as additionally insured and provide a written endorsement of said coverage. 5. Hire /coordinate with the General Services staff for traffic control equipment installation. Contact Paul Ramirez in General Services at 949 - 644 -3053 to make arrangements for equipment rental and installation. 7. Hire a minimum of eighteen (18) uniformed Newport Beach Police Officers and three (3) Supervisors. Contact Sgt. Jeff Lu at 949 - 6443744 for more information. 8. Applicant to provide Flagger Control at the Marriott driveway for 2 way use of a single lane per WATCH handbook. 9. An approved traffic control plan is required, including water filled barricades locations, street closures and detour plan. Applicant will supply six (6) copies for City use for each review submittal. The traffic control plan must be wet stamped and signed by a Registered Traffic Engineer. 10. Applicant to submit setup and take down schedule for Back Bay Drive, including water - filled barricade set -up and temporary delineators (prior to installation of Type III barricades on Jamboree Road) 11. Hire a minimum of twenty (20) Police Explorer Scouts for traffic/crowd control and one (1) Parking Control Officer. Contact Sgt. Jeff Lu at 949 -644 -3744 for more information. 12. Provide prior notification to all affected homeowners associations and businesses that Back Bay Drive will be closed from 6:00 pm, Saturday, May 20, 2006 until 10:00 am Sunday, May 21, 2006 and alternate route information at least thirty (30) days before the event date. Applicant shall supply to the City of Newport Beach written proof of those contacted. Contact the Planning Department for a • current list at 949- 644 -3236. 13. Permittee must notify in writing, all affected homeowners associations, businesses including Fashion Island management and Newport Center of this event, including dates, times, route, street closures, alternative rout info, and a contact phone number for Pacific Sports. Permittee must provide written proof of this notification and confirmation of responses to the City of Newport Beach. Permittee must also follow -up with a telephone call to each group, individual, or organization the letter is sent to. Permittee will submit a list by May , 2006 of those contacted that will include the first and last name, as well as the time and date contacted. 14. Applicant must notify Orange County Transportation Authority Detour Coordinator at 714- 265 -4333 regarding road closures, event date, time, and course information. 15. Permittee must post notification signs at the entrance to Island Lagoon, Villa Point, The Colony and Harbor Cove communities two (2) weeks (by May 81) prior to the event date regarding the event time, date, and road closures. These signs must be weather proof. Permittee must . obtain permission in advance from these communities to post these signs and should monitor them during this period to make sure they are not removed or vandalized. 16. Event organizer shall provide a schedule for traffic control set -up along Back Bay Drive for both Saturday, May 20th and Sunday, May 21st. 19. Comply with all requirements of Newport Dunes Resort and the permit requirements of the Department of Fish and Game. Contact Brian Shelton of the DFG at 949- 640 -9958. 20. A pre -event meeting, at least two (2) weeks prior to the event, is mandatory. Contact Matt Dingwall, Recreation Services at 949 - 644 -3152 to schedule meeting. 21. A Caltrans Encroachment Permit is required for closures and signage on Caltrans right -of -way. Provide a copy of the Caltrans Encroachment Permit at least 1 week prior to the event. 22. The permittee is responsible for obtaining and paying all fee's associated with obtaining this and any other needed permits. • The above conditions apply if the event is allowed to proceed. The Police Department is able to staff this event if the decision is made to approve the application, with the above listed conditions applied. The increased number of Officers and Explorer Scouts required is based, in part, upon our review of previous years' experience that the applicant has not provided sufficient number of course monitors and volunteers to adequately and properly manage the driveway access and other access points along the course. As a result police personnel have had to move from assigned locations to make up for the lack of course monitors and event staff. Additionally, this is only the third year using the currently submitted traffic plan, and additional police resources are necessary to safely direct the public around the road closures and detours. This application raises several concerns: Unlike any other event in the City, this event requests the closure of Back Bay Drive, Jamboree Road and Newport Center. Typically, a large event in this area will utilize just Back Bay or just Newport Center for closures, with the public able to fairly easily move around the closures. For example, the Race For The Cure, with over 20,000 participants, only has closures in Newport Center. In contrast, this event, with about 800 participants (2005 figure), shuts down a much larger area, for a significantly fewer number of participants, and with a greater negative impact on the public in general. There are two community sponsored events already taking place in the same area on the same date. The Balboa Island Artwalk will be held on Balboa Island from 9:00 am to 5:00 pm on May 21st. This community -wide event is sponsored by community members and is attended by many thousands of visitors and community members (4,000 attendance). The primary road to Balboa Island from the north is Jamboree Road. This creates a significant conflict if Jamboree Road were to be completely closed for the triathlon at the same time artists, volunteers and the public are trying to get to the Artwalk. Also, those traveling to Balboa Island by bicycle from the north would likely use Back Bay Drive, which also would be closed for the triathlon, again creating a conflict. The Police Department already commits three officers to the Balboa Island Artwalk. Secondly, the 2006 Lexus Jazz Festival at the Hyatt Regency Hotel at 1107 Jamboree Road is being held the same weekend. This community event is attended by up to 10,000 people over the weekend, from Friday, May 19th - Sunday, May 21st. The gates open at 9:30 am on Sunday, with an expected crowd of 4,000 on Sunday. The only access to this event is via Jamboree Road. Though the gates open at 9:30 am, there will no doubt be workers, musicians, equipment handlers, volunteers, sponsors, and other related personnel wanting to arrive early in the morning. This would not only create a significant conflict if Jamboree Road was closed for the triathlon, but could very well be viewed by the public as "poor planning" if allowed to occur. Also, during previous years, the triathlon has begun their set -up on Back Bay Drive the day before the event. In this case, that would be Saturday, May 20th. The Jazz Festival also occurs on that date from 11:30 am - 8:00 pm. Again, a conflict in and around the Hyatt Regency Hotel would be created. There are many communities, businesses, events and residents which would be negatively affected by the road closures required for the triathlon's traffic plan. Those include... - The Back Bay Cafe - Newport Dunes access and boat launch - the new Bay View Senior Housing on Back Bay - Villa Point community - Hyatt Regency Hotel - Palisades Teiuiis Club - Island Lagoon community - Harbor Cove community - Park Newport Apartments - Newport Beach Police station - Newport Beach Fire station #3 - The Colony Apartments - newly renovated Marriott Hotel and their employees and guests - Fashion Island businesses and employees - Newport Center commercial office buildings - 24 -Hour Fitness - public access (bikes, walkers, joggers, etc.,) to Back Bay Drive - Balboa Island residents and businesses - residents attending church services Sunday morning - in addition to the two previously described special events and their participants and attendees. The event is organized by a "for profit" organization and held for a relatively small number of participants in light of the required road closures, number of city staff required, significant conflicts with two much more community- oriented events and the negative impact it will have on many residents, businesses, the motoring public and the general public. If the policy decision is to deny the application, the below NBMC section seems to apply: 11.03.060(E)4(e) NBMC - The special event is scheduled to occur at a location and time in conflict with another special event scheduled for the same day or weekend and such conflict will create conditions materially detrimental to the general public or to nearby property owners, residents, or businesses, or would adversely impact the City's ability to provide adequate services. Jeff Lu 4 Knight, Marie m: Dingwall, Matt t: Wednesday, March 01, 2006 9:45 AM Knight, Marie Subject: FW- Triathalon email from Homer C�uS�S VC2-c S Matt, Jim, The City (we) are making a recommendation which has reduced the ratio from 10 to 1 which is what the OSLA suggested as the most strict ratio, to 50 to 1 which I believe is appropriate for the number of participants, realizing we reduced the ratio for a number of reasons already. The reduction of the ratio was due to the course is in flat water, it is in close proximity to shore, and the promoter uses staggered wave starts. I believe the numbers I suggested are appropriate for this event. In general, with triathlon ticipants, swimming is not their strong suit to begin with. If you can find out how y swimmers and groups are in the water at one time, and the general location of each cup in the water at any given time, we may be able to downwardly adjust the number. My general feeling is that this is a high risk, high liability situation for the City, and we are providing lifeguard services to an area, which has their own lifeguard service and I believe technically is under the jurisdiction of the County. F,ri.c - - - -- Original Message---- - From: Turner, Jim Sent: Wednesday, March 01, 2006 9:21 AM To: Bauer, Eric; Dingwall, Matt Cc: Boyer, Reenie Subject: RE: Triathalon email from Homer Yes, that would be true if all of the swimmers went off at the same time. This event sends the competitors in waves and many are done long before the back of the pack leave the beach. The total number of lifeguards could be reduced to coincide with the total number of swimmers in the water at one time. Jim - - - -- Original Message---- - From: Bauer, Eric Sent: Wednesday, March 01, 2006 9:12 AM To: Dingwall, Matt Cc: Turner, Jim; Boyer, Reenie sect: RE: Triathalon email from Homer Matt, I believe we should have a ratio of 50 to 1 swimmers to lifeguards, (the discussion at the 1 Matt S. Dingwall Recreation Coordinator /� n n ^� �,»" „S City of Newport Beach (949) 644 -3152 - - - -- Original Message---- - From: Bauer, Eric Sent: Wednesday, March 01, 2006 9:43 AM To: Turner, Jim; Dingwall, Matt Cc: Boyer, Reenie Subject: RE: Triathalon email from Homer Matt, Jim, The City (we) are making a recommendation which has reduced the ratio from 10 to 1 which is what the OSLA suggested as the most strict ratio, to 50 to 1 which I believe is appropriate for the number of participants, realizing we reduced the ratio for a number of reasons already. The reduction of the ratio was due to the course is in flat water, it is in close proximity to shore, and the promoter uses staggered wave starts. I believe the numbers I suggested are appropriate for this event. In general, with triathlon ticipants, swimming is not their strong suit to begin with. If you can find out how y swimmers and groups are in the water at one time, and the general location of each cup in the water at any given time, we may be able to downwardly adjust the number. My general feeling is that this is a high risk, high liability situation for the City, and we are providing lifeguard services to an area, which has their own lifeguard service and I believe technically is under the jurisdiction of the County. F,ri.c - - - -- Original Message---- - From: Turner, Jim Sent: Wednesday, March 01, 2006 9:21 AM To: Bauer, Eric; Dingwall, Matt Cc: Boyer, Reenie Subject: RE: Triathalon email from Homer Yes, that would be true if all of the swimmers went off at the same time. This event sends the competitors in waves and many are done long before the back of the pack leave the beach. The total number of lifeguards could be reduced to coincide with the total number of swimmers in the water at one time. Jim - - - -- Original Message---- - From: Bauer, Eric Sent: Wednesday, March 01, 2006 9:12 AM To: Dingwall, Matt Cc: Turner, Jim; Boyer, Reenie sect: RE: Triathalon email from Homer Matt, I believe we should have a ratio of 50 to 1 swimmers to lifeguards, (the discussion at the 1 USLA meeting had proposed 10 to 1 ratio) This would cause a need for 20 lifeguards with a Lifeguard Captain as the "Water Safety Supervisor" and a Lifeguard Officer for missing swimmer contingency. I believe the policy is a two hour minimum. _ My recommendation would be: 1 Lifeguard Captain or higher - $103.00 per hour x 2 = $206.00 1 Lifeguard Officer - $35.00 per hour x 2 _ $70.00 20 Lifeguards $35.00 per hour x 2 = $1900.00 Total_ $1676.00 If it took more than 2 hours the price obviously would go up. The USLA also recommends 1 Et9T per 150 participants, I believe we can provide suffic=ient BLS level support with the existing lifeguards. However, I would recommend that an Advanced Life Support (ALS) capable unit be on stand -by for the event. This would include two paramedics and transport capability. I will defer the ALS to the fire cps division. Eric - - - -- Original Message---- - From: Dingwall, Matt Sent: Wednesday, March 01, 2006 8:33 Al To: Bauer, Eric Subject: RE: Triathalon email from Homer Eric, can you tell me how many LG's they would be required to have then based on 1000 participants? Last year they had to hire 6 and had 800 participants. Matt S. Dingwall Recreation Coordinator City of Newport Beach (999) 699 -3152 - - - -- Original Message---- - From: Bauer, Eric Sent: Wednesday, March 01, 2006 8:08 AM TO: Dingwall, Matt Cc: Bryg, Ron; Ure, Mike; Turner, Jim; Everroad, Glen; Sutherland, Ron Subject: RE: Triathalon email from Homer Matt, Attached below is the latest policy adopted by the United Stages Lifesaving Association which describes procedures regarding the water safety aspect of events. This should be. forwarded to the permitee as a condition. If our department is going to provide this service, it could result in a significant cost to the promoter. Although, we have not had problems with this event from a water safety standpoint, other Agencies have had significant incidents including a number of deaths, in the water. We want to be proactive to limit the City's exposure to liability and conduct a safe event. I believe these conditions are prudent to include, if this permit is approved. Eric http: / /us Ia.or 9/ Pub Iic Info/ library /OpenWaterSwimmingEvents US LAGuide l inesOl MAY05.pdf - - - -- Original Message - - - -- • From: Dingwall, Matt 2 Knight, Marie m: t: Subject: Matt S. Dingwall Recreation Coordinator City of Newport Beach (949) 644 -3152 Dingwall, Matt Tuesday, February 28, 2006 5:21 PM Knight, Marie FW: 06 -030 DUE BY 3 -1 -06 12 NOON From: Turner, Jim Sent: Tuesday, February 28, 2006 5:06 PM To: Dingwall, Matt Subject: RE: 06 -030 DUE BY 3 -1 -06 12 NOON Lifeguards have been comfortable with the aquatic end. No problems encountered in the last five years. Approved by Lifeguards. Lifeguards have provided initial first aid response to injuries, treating and releasing minor injury patients and treating and waiting for paramedic response on a few larger injuries. This would be better suited for EMT's a private ambulance company or City firefighters. uld be much more expensive and I notice that many special events groups try to use this less expensive way to provide medical attention. Jim - - - -- Original Message---- - From: Dingwall, Matt Sent: Tuesday, February 28, 2006 2:24 PM To: Hook, Steve; Cosyllon, Matt; Bryg, Ron; Sutherland, Ron; Washington, Lillian; Pisani, Mike; Ramirez, Paul; Garcia, Jay; Lu, Jeff; Bauer, Eric; Turner, Jim; Keely, David; Cooper, Casey; Everroad, Glen; Navarrete, Monique; Anderson, Cheryl; Ure, Mike Cc: Knight, Marie Subject: 06 -030 DUE BY 3 -1 -06 12 NOON Kring and Chung NB Triathlon (last years permit attached) << File: SEP 06- 030.xls >> << File: 05 -022 Kring and Chung Newport Beach Triathlon.doc >> Please carefully review the proposal for the triathlon and get back to me by Wed March 1 st by 12noon with your comments regarding the proposed event, please take all factors into account: other events the same date, effects on the community of a closure of Jamboree Road, staffing, past performance, etc. Thank you in advance for your assistance, please let me know if you have any questions. Matt S. Dingwall Recreation Coordinator .City of Newport Beach (949) 644 -3152 Knight, Marie From: Dingwall, Matt Sent: Wednesday, March 01, 2006 9:37 AM To: Knight, Marie Subject: FW: Triathalon email from Homer Matt S. Dingwall Recreation Coordinator City of Newport Beach (999) 699 -3152 - - - -- Original Message--- - From: Anderson, Cheryl Sent: Wednesday, March 01, 2006 9:29 AM To: Dingwall, Matt Cr_: Farley, Lauren Subject: RE: Triathalon email from Homer Hi Matt, �1_kz ',-1 5� I agree with Eric. We should have the promoter provide staffing that meets our recommended standards, which appears to be the USLA standards. Personnel that meets the USLA definitions that are filled by our staff, should be billed for. Based on no occurrences in previous events, I don't know that we can justify any increase in the level of insurance coverage provided without looking like we are just trying to deny them from having this event - what do you think Lauren? However, if we do NOT increase the amount of insurance coverage, I would recommend that the event promoter provide the position of Medical Director and we request that it be the preferred physician with training and experience in emergency medical care at multi- sports events as opposed the paramedic, which is the minimum qualification for that position. This would render the medical services as being primarily overseen by the promoter and would lessen the liability on the City. Lauren - anything additional to add? Please let Matt know by noon. Thanks Sheri - - - -- Original Message---- - From: Dingwall, Matt Sent: Wednesday, March 01, 2006 8:90 AM To: Anderson, Cheryl Subject: FW: Triathalon email from Homer Sheri, see below from LG's, just FYI Matt S. Dingwall Recreation Coordinator City of Newport Beach (999) 699 -3152 - - - -- Original Message---- - From: Bauer, Eric Sent: Wednesday, March 01, 2006 8:08 AM To: Dingwall, Matt Cc: Bryg, Ron; Ure, Mike; Turner, Jim; Everroad, Glen; Sutherland, Ron Subject: RE: Triathalon email from Homer Matt Attached below is the latest policy adopted by the United States Lifesaving Association 1 0 Knight, Marie e m: Dingwall, Matt It: Tuesday, February 28, 2006 4:18 PM Knight, Marie Subject: FW: 06 -030 DUE BY 3 -1 -06 12 NOON From: Anderson, Cheryl Sent: Tuesday, February 28, 2006 3:25 PM To: Dingwall, Matt Subject: RE: 06 -030 DUE BY 3 -1 -06 12 NOON As far as insurance goes, we have not incurred any losses due to this event, so I can't deny the permit due to liability issues or change the requirement. However, based on the stories I heard, past performance is reason enough to not hold the event. The inconvenience to the community and the misdirection from the road closures had a serious impact on the community and visitors to the community. Additionally, the event does not bring in enough in revenue or publicity to justify the excess work that staff has to perform for this promoter in the past. As I recall, I think I even heard that his was discourteous and disrespectful to our staff. I don't believe that the taxpayers would want their tax dollars being paid on staff man hours for this event. If it does get approved, you should include in the agreement that they will have to pay for the additional work performed by employees. The agreement should also be modified to clearly communicate what past practices that are unacceptable and if they are repeated, the City has the right to cancel the event ... Thanks, Sheri From: Dingwall, Matt Tuesday, February 28, 2006 2:24 PM Hook, Steve; Cosylion, Matt; Bryg, Ron; Sutherland, Ron; Washington, Lillian; Pisani, Mike; Ramirez, Paul; Garcia, Jay; Lu, Jeff; Bauer, Eric; Turner, Jim; Keely, David; Cooper, Casey; Everroad, Glen; Navarrete, Monique; Anderson, Cheryl; Ure, Mike Cc: Knight, Marie Subject: 06030 DUE BY 3 -1 -06 12 NOON Kring and Chung NB Triathlon (last years permit attached) << File: SEP 06- 030.x;s >> << File: 05 -022 Kring and Chung Newport Beach Triathlon.doc >> Please carefully review the proposal for the triathlon and get back to me by Wed March 1st by 12noon with your comments regarding the proposed event, please take all factors into account: other events the same date, effects on the community of a closure of Jamboree Road, staffing, past performance, etc. Thank you in advance for your assistance, please let me know if you have any questions. Matt S. Dingwall Recreation Coordinator City of Newport Beach (949) 644 -3152 J CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (949) 644 -3311 MEMORANDUM TO: Richard M. Edmonston Transportation and Development Services Manager FROM: David Keely.Di-- Traffic Engineering DATE: March 1, 2006 SUBJECT: 2006 Kring and Chung Newport Beach Triathlon Special Event Comments SEP06 -030 The following are major concerns related to this event: • This years event is proposed for Sunday, May 21, 2006. Based on previous years event, the roadway closures would be from 6:30 a.m. to 9:15 a.m. (2 hours 45 minutes) minimum, including a complete closure of Jamboree Road from Island Lagoon to Santa Barbara Road. Two other events will occur in the same area on the proposed day, (Balboa Island Artwalk and the 2006 Lexus Jazz Festival at the Hyatt Regency Newport Beach. This years event would overlap the Balboa Island Artwalk, which is scheduled from 9:00 a.m. to 5:00 p.m. The Balboa Island Artwalk is expecting approximately 4000 participants over the course of the day. Based on the Balboa Island Artwalk permit parking at this event is available at the Dunes. The 2006 Lexus Jazz Festival is scheduled from 11:00 a.m. to 10:00 p.m., with gates opening at 9:30 a.m. The main access route to the Balboa Island Artwalk and the 2006 Lexus Jazz Festival would be via Jamboree Road. (may be in violation of Municipal Code 11.03.060 EA.e and 11.03.060 EA.g) In the past, the Kring and Chung Triathlon and the Jazz Festival had operation issues /conflicts regarding setup and parking. The two event organizers have resolved these issues in the past. This year's date adds one additional event, Balboa Island Artwalk, in which the main route to and from the event would be Jamboree Road and overflow parking is at the Dunes. Coordination from all three events is necessary and an enhanced detour route would be required. • In 2005, the event did not supply sufficient volunteers to staff all vehicular access points to the bike portion of the race. Many of volunteers that were stationed along the route we not well trained. The lack of trained volunteers hampered City staff with the additional burden of course management. Course management is the responsibility of the Event Organizers. The event organizers should mark/delineate the racecourse, especially areas with sharp turns, conflict points with other competitors and transition areas from one side of the roadway to the other. 0 • Conditions if Council decides to move forward with this event: The submitted traffic control plan shall be modified based on observations from last years event, changes to roadway configuration and new developments along the race route. • It is recommended that the CMS sign located on Jamboree Road north of San Joaquin Hills Road shall be installed a minimum of one week prior to the event to inform motorist of the upcoming event. Due to the additional traffic expected on event day additional detour signage shall be installed. • Event shall ensure that volunteers are positioned at designated locations on -time and are knowledgeable about the task assigned. It may be necessary for staff to attend volunteer meetings. The number of course volunteers shall be to the satisfaction of City staff. Course volunteers shall be distinguishable from the general public. • Organizer shall be responsible for course management and course setup. Organizers shall provided a detailed course management plan with special attention paid to areas with sharp turns, conflict points with other competitors and transition areas from one side of the roadway to the other. • Conditions from previous years event would also be included /modified as necessary (see Attached). • F:lUsers \Pbw \SharedlTraKc \Special Events Permits \OC Mara thanlmd1- 3- 05mem.doc 3� /ZooG 0 N Permittee: Pacific Sports Josh Studzinski 1500 S. Sunkist Street, Suite E Anaheim, CA 92806 Event Number: 05 -022 Level 3/$1,900 -NR Title of Event: Kring and Chung Newport Beach Triathlon Location: Begins and Ends at Newport Dunes Date(s): Sunday - May 22, 2005 Times: 6:45 am to 10:00 am (set -up on 05/21/2005) Attendance: 1,300 (800 particpants) The above referenced Special Event Permit is authorized at the location(s), date(s) and times indicated ONLY. Approval is contingent on compliance with the following conditions: Event Date Conditions 1. All vehicles shall be lawfully parked. No fire lane exemption. 2. No exclusive use of public parking areas. 3. Directional signs to event parking shall be posted on race day and removed immediately following the event. 4. Participants shall not interfere with vehicular or pedestrian traffic. 5. Activities shall not create a pedestrian or traffic hazard. Prevent crowds from standing in streets and from blocking sidewalks. 6. Applicant to street sweep areas near water filled barricade loctions to minimize contaminants when barricades are emptied. Applicant is responsible for rental and installation of water filled barricades. 7. No posting of promotional signs permitted on any portion of public property, including trees, utility poles, street signs, etc. 8. No paint or other permanent markings on the pavement are permitted. 9. Set -up is permitted at 1:00 pm on Saturday, May 21st. Closure of Back Bay Drive is not permitted until 6:00 pm on Saturday, May 21st, Remaining road closures are not permitted until 5:30 am on Sunday, May 22nd 10. Changeable message signs (CMS) shall not be installed before noon on Saturday, May 21, 2005 and shall be removed no later than 5:00 pm on Sunday, May 22, 2005. CMS shall be turned on at 4:00 am on Sunday May 22, 2005 and turned off as soon as roadways are opened. 11. Course shall be abandoned and road opened by 9:OOam. With the exception of Back Bay Drive which opens by 12:30 pm. 12. Do not obstruct emergency vehicle access to any areas. Maintain Fire Department access to buildings and fire suppression equipment. 13. Comply with the lawful orders of Police and Fire personnel, or other government officials. 14. Obey all City, County and State regulations. 15. All food service shall comply with the Orange County Health Department regulations. For more information, contact the Orange County Health Department at 714 - 667 -3621. n LJ 6A Wittee: Pacific Sports Josh Studzinski 1500 S. Sunkist St., Suite E Anaheim, CA 92806 Event Number: 05 -022 Level 3 /$1,900 -NR 16. No alcoholic beverages permitted. 17. Amplified sound shall not begin before 7:45 am and shall cease by 10:00 am or at the order of the Police /Code and Water Quality Enforcement and shall not be loud and unreasonable (MC 10.28.010). Race shall be started using a flag or other form of non - audible equipment. 18. Any sound amplification or noise associated with this special event activity is controlled by Newport Beach Municipal Code Sections 10.26, 10.28, and 10.32. You should be aware if complaints are received relative to any noise generation you may be told to either lower or to eliminate any noise associated with your activity by the Police Department, Code Enforcement or Park Patrol Officer. 19. Any waste that enters or may enter the storm drain system (street and gutter) is strictly controlled by Newport Beach Municipal Code Section 14.36. This section prohibits the discharge of any pollutant into these areas. Therefore, you should make any arrangements that may be necessary to remove or to eliminate any potential pollutants from entering the storm drain system. 20. The City of Newport Beach reserves the right to change or modify the race /Hulk route or conditions due to unforeseen circumstances (construction, maintenance, weather, etc.). The City will work earnestly with the event applicant to identify and resolve any needed changes and /or modifications. However, if the City and applicant cannot agree on the changes necessary for a safe event, the City reserves the right to cancel the Special Event Permit. 21. Access must be maintained to the following areas: Villa Point Condominium, Island Lagoon, Hyatt Newporter, Bayside Village, Marriott, Police Department, Fire Department, Colony Apartments, The Ritz Restaurant, El Torito Grill, and OCTA Bus Depot. 22. With respect to the discharge of the water from the water filled barricades, when the water is poured out into the gutter line, if there is gutter, the gutter/ street must be first swept and cleaned -up all the way to where the catch basin is located so as to remove any trash/ pollutants from this intervening area before the water is dumped out of the barricades. If there are no gutters then the discharged water may be drained into a vegetated swale or area so as to allow the water to percolate into the ground without carrying any waste material or pollutants directly into the storm drain system or Upper Newport Bay. If you have any questions, contact the Code and Water Quality Department at 949 - 644 -3220. 23. To gain access to the fire hydrants to fill the water barricades call the Utilities Department at 949 -644 3011 and speak with Laren Love/Utilities Supervisor. Permittee is responsible for paying the cost of the water used. 24. Clean -up is the responsibility of the Pernuttee. Clean the area immediately following the event. 25. Permittee is strongly advised to have a nunimum of 40 volunteers on the bike course to properly manage the driveway access and barricades. 26. On site contact the day of event(s) is Josh Studzinski at 216- 235 -1945. 27. Amplified sound contact is Jack Caress at 714- 271 -2137. 28. Provide a copy of this permit upon request of a public official. Pre -Event Conditions Provide course monitors/ volunteers and parking staff as required. Race staff should be assigned to trail race and advise Police Department when roadway is clear. Page 2 of 4 Permittee: Pacific Sports is Josh Studzinski 1500 S. Sunkist St., Suite E Anaheim, CA 92806 Event Number: 05 -022 Level 3/$1,900 -NR 2. Permittee shall coordinate with the Police Department to station 3 -4 volunteers at Coast Highway /Jamboree Road and other unsecured locations /driveways throught the course. 3. It is the responsibility of the Permittee to obtain permission from several property owners for traffic control installation and maintain traffic control devices on private property (Newport Dunes, Marriott, Fashion Island, etc.). 4. Permittee shall provide $1,000,000 general liability insurance naming the City of Newport Beach as additionally insured and provide a written endorsement of said coverage. 5. Hire /coordinate with the General Services staff for traffic control equipment installation. Contact Paul Ramirez in General Services at 949 - 644 -3053 to make arrangements for equipment rental and installation. 6. Highly recommend hiring six (6) open water trained lifeguards for the swim portion of the event. One (1) for each leg of swim and one (1) on shore for support and medical treatment. Contact Captain Jim Turner at 949 - 644 -3046 at least two (2) weeks prior to event for lifeguard services. 7. Hire a minimum of fourteen (14) uniformed Newport Beach Police Officers and two (2) Supervisor's. Contact Sgt. Dale Johnson at 949 - 644 -3744 for more information. 8. Applicant to provide Flagger Control at the Marriott driveway for 2 way use of a single lane per WATCH handbook. • 9. An approved traffic control plan is required, including water filled barricades locations, street closures and detour plan. Applicant will supply six (6) copies for City use for each review submittal. The traffic control plan must be wet stamped and signed by a Registered Traffic Engineer. 10. Applicant to submit setup and take down schedule for Back Bay Drive, including water- filled barricade set -up and temporary delineators (prior to installation of Type III barricades on Jamboree Road) 11. Hire a minimum of ten (10) Police Explorer Scouts for traffic/crowd control and one (1) Parking Control Officer. Contact Sgt. Dale Johnson at 949- 644 -3744 for more information. 12. Provide prior notification to all affected homeowners associations and businesses that Back Bay Drive will be closed from 6:00 pm, Saturday, May 21, 2005 until 10:00 am Sunday, May 22, 2005 and alternate route information at least thirty (30) days before the event date. Applicant shall supply to the City of Newport Beach written proof of those contacted. Contact the Planning Department for a current list at 949- 644 -3236. 13. Permittee must notify in writing, all affected homeowners associations and businesses of this event, including dates, times, route, street closures, alternative rout info, and a contact phone number for Pacific Sports. Permittee must provide written proof of this notification and confirmation of responses to the City of Newport Beach. Permittee must also follow -up with a telephone call to each group, individual, or organization the letter is sent to. Permitte will submit a list by May 2, 2005 of those contacted that will include the first and last name, as well as the time and date contacted. 14. Applicant must notify Orange County Transportation Authority Detour Coordinator at 714- 265 -4333 regarding road closures, event date, time, and course information. 15. Permute must post notification signs at the enterance to Island Lagoon and Villa Point communities two (2) weeks (by May 9Lh) prior to the event date regarding the event time, date, and road closures. These signs must be weather proof. Permittee must obtain permission in advance from these communities to post these signs and should monitor them during this period to make sure they are not removed or vandalized. Oittee: Pacific Sports Josh Studzinski 1500 S. Sunkist St., Suite E Anaheim, CA 92806 Event Number: 05 -022 Level 3 /$1,900 -NR 16. Event organizer shall provide a schedule for traffic control set -up along Back Bay Drive. 17. Use of non - portable generator(s), bleachers, stages, and /or temporary wiring require a Self - Certification Letter submitted to the Building Dept. Contact Steve Hook of the Building Department at 949 -644- 3265 for more information. 18. General Services Department will sweep Backbay Drive prior to the event. 19. Comply with all requirements of Newport Dunes Resort and the permit requirements of the Department of Fish and Game. Contact Brian Shelton of the DFG at 949 - 640 -9958. 20. A pre -event meeting, at least two (2) weeks prior to the event, is mandatory. Contact Matt Dingwall, Recreation Services at 949 - 644 -3152 to schedule meeting. 21. A Caltrans Encroachment Permit is required for closures and signage on Caltrans right -of -way. Provide a copy of the Caltrans Encroachment Permit at least 1 week prior to the event. 22. The permittee is responsible for obtaining and paying all fee's associated with obtaining this and any other needed permits. 23. Event promoter shall provide a list of all vendors and participating businesses a minimum of 1 week prior to conducting the event to the City of Newport Beach Revenue Division at 949 -644 -3141. *permit shall be present at the event and made available at the request of the Police or other city officials. Failure to comply with the requirements of this permit, or violations of law, will result in the cancellation of this permit, and /or denial of future permits. Issuance of this permit does not authorize any activity in violation of any law, nor does it represent an endorsement of the activity or persons responsible for the event. I have read and understand the conditions of this permit and agree to comply with them. Please initial, date, and fax to (949) 644 -3155. Initials: Date: Approved by: Andrea McGuire Recreation Superintendent Date cc: Fire, Police, Public V5Iorks /Traffic, Planning, Revenue- Seanne Carney, Health, General Seraices, Building, Harbor Resources, Lifeguards, O.C.T.A- Bob Hennesey, Dept. of Fish and Came, Code & WQ Enforcement, Park Patrol F: \USERS \Csv \Shared \WINWORD \PERMITS\ Permits 2003 \05 -022 Newport Beach Triathlon.doc Page 4 of 4 Knight, Marie From: Dingwall, Matt Sent: Thursday, March 02, 2006 11:35 AM To: Knight, Marie Subject: FW: Triathalon Marie, I checked with Fish and Game and this is what they had to say: Matt S. Dingwall Recreation Coordinator City of Newport Beach (949) 644 -3152 - - - -- Original Message---- - From: Brian Shelton [mailto:bshelton @dfg.ca.gov] Sent: Thursday, March 02, 2006 11:31 AM To: Dingwall, Matt Subject: Triathalon Matt In summary, these are some of the concerns the Department has about the triathalon on Back Bay Drive. 0 - Participants leaving the road surface and trespassing into sensitive habitat. Scme observed urinating in the bushes. - Last year the triathalon closed down Back Bay Drive, and wouldn't allow DFG staff or approximately 120 children to attend a regularly hosted event at the Back Bay Science Center called Shark Camp. • - Various complaints are received about trash and trash receptacles being abandoned after the event was over. Thanks, Brian Brian Shelton Orange County Ecological Reserve Manager Department of Fish and Game 600 Shellmaker Road Newport Beach, CA 92660 (949) 640 -9958 bshelton @dfg.ca.gov 1 F��W�� Recreation & Senior Services Department I0 o m 3300 Newport Blvd - Newport Beach, CA 92 0 E Q V E 0 Phone: (949) 644 -3151 — FAX: (949) 6 SPECIAL EVENT PERMIT APPLICA N FEB 2 7 2006 ,EVENTINEORMATION ❑Casino ❑Concert Performance ❑Festival ❑Fundraiser OFFICE USE ONLY Harbor Activities ❑Live Music ❑Parade/Processions >6ace/Walk- Tr,-a40.- SEP NUMBER Dv'y030 LEVEL Z ❑Sale / Expo A ❑ Surf Contest ❑Toumament [I Other APPLICATION FEE Ga'' ventTiHe-)9 A/kN la' KnA, f UV^, OWL%& 0ZJ AL,EVENT DATE A., Estimated Attendance Per Day: �SOO Participants: b Spectators: 1!;—o O Unnkc inn Faa') ❑ No Yes -Describe 6/ Pu/ c lM — k 4ctual Event Hours: 6: q SAM Set Up /Assembly: Date: S- }O Start Time: IoAM 10: UD AM Break down /Dismantle Date: I Completion Time: Noon List anv streets that renuire closure for this event- ; -007 Cc,—,I—Se (1,fa A 44 c r✓� J I APPLICANT: E Commercial lost sponsoringorjaanizationlsl: A /� n lddress: 3 ' `� C(y, shone: ON01 . �� T160 ❑ Non- Commercial CSI HDI ,,t j-5 of City: gwlul� CoGr..��,� Far —rg01. %'%I. OepDm TIO.N: I rson: k! 265-7 K I-L , Q kri .'a. JLAr.�. Please list name,( address, phone and email of any professional organizer of event planner hired by you to produce this event: Name: GLtr1�c S(Jo /h L C Address: I0 Phone ' is cOci�/ If professional event organizer is applying for this permik a To irnizer to apply for this permit is required. Resnonsihla np.mon "nnsita° day of avant- � ) QS L J C �U from the Chief Officer of the organization which authorizes 5- k' t a3s 11LU Person listed above must be in attendance for the duration of the event and immediately available to City officials. APPLICANT MUST COMPLETE ALL THREE PAGES OF THIS DOCUMENT Phone number for public event information: �! q - 0/ / 8 - /'SOS 4 in detail for a i i- ❑ No ® Yes - Describe El No L/Yes - Describe ?i1 � � L Ufd bo Describe entertainment & related actl ies M not please explain) Will fnrxf he P� SRrved n Snld M Nn If ves — Cnntart ruarenn cios i„ Phnne- d I G . ,)? 57 1 q 07 u NIA Will there be sound amplification? ❑ No ❑ Yes - Indoors M Yes -Outdoors -%A - (GA smuli �A A- , \bv„urwv.ti Describe sound equipment: SM. 4 P'A� Amplified sound requires an onsite contact person —Name: duck (fe sj Cell Phone, -7 lk a-) /. ) 13'7 ,�,/(PERMIT REOWRED FOR EACH TEN! OVER 2 0e SO. Ff. Will there be canopies or tents? N No ❑ Yes - Size and Number AND/M CANOMM OVER 400 M. Fr.) Date installed: Date removed: Name of Supplier: Will booths, bleachers stages or structures be erected? YNo ❑ Yes - Describe Will signs or banners be used? ❑ No ® Yes-Describe Sao -) o' L, I! 3 8 llnfiaUDle signsUnnm > d searchlights are not parmhW in the City of Newport Swch) Will there be generators vehicles boats or other equipment? ❑ No Yes - Describe ❑ Yes- Describe Any commercial aspects? Additional information APPLICANT MUST COMPLETE ALL THREE PAGES OF THIS DOCUMENT 1, THE UNDERSIGNED, ACKNOWLEDGE AND UNDERSTAND THAT I AM RESPONSIBLE TO COMPLY WITH THE INFORMATION, RESTRICTIONS AND •CONDITIONS OF THE PERMIT WHEN ISSUED. I HEREBY ACKNOWLEDGE RESPONSIBILITY FOR PENALTIES ASSOCIATED WITH NON-COMPLIANCE WITH THE PERMIT CONDITIONS, WHETHER OR NOT I AM PRESENT AT THE TIME OF THE VIOLATION. .1r (UTwLs) I hereby certify the foregoing statements to be true and correct, and agree to defend, indemnify and hold harmless the City of Newport Beach, its City Council, officers, agents, employees and volunteers from and against any and all loss, claims, damages, liability, such claim or suit arising from or in any manner connected to the requested activity. I also agree, if approved, to comply with all permit conditions, and understand that failure to comply with any condition or any violation of law may result in the immediate cancellation of the event, denial of future events, and or criminal prosecution. Failure to comply with permit conditions can result in revocation of the permit, forfeiture of deposit, administrative citations (s), fines and denial of future permit applications. , /1 , Method of Pavment: 1:1 Cash Check# ❑Credit Card # Check One: ❑VISA ❑AmEx ❑Master Card Exp. Date: a.d7 -db attachments received: El Banner Permit ❑ Insurance Cert & Endorsement Page ❑Banner Permit ❑Tent Permit IApplication ❑Site Plan (outdoor) El Plot Plan (indoor) Staff Member Receiving Attachments: A. Special Event Permit Fees B. When Do 1 Need A Special Event E CITY OF NEWPORT BEACH z RECREATION & SENIOR SERVICES a� P Marie Knight, Director March 10, 2006 Jack M. Caress President PACIFIC SPORTS LLC 1500 Sunkist Street, Suite E Anaheim, California 92806 Letter sent via email 3 -10 -06 RE: NOTICE OF DENIAL OF SPECIAL EVENT PERMIT APPLICATION FOR THE 29T" ANNUAL KRING & CHUNG TRIATHLON Dear Mr. Caress: After reviewing your application, I have decided, pursuant to the authority of Municipal Code Section 11.03.060(E), to deny your request for a special event permit to hold the 29`h Annual Kring & Chung Triathlon in the City of Newport Beach for the reasons outlined in detail below. This decision was made after a thorough review of your application, an investigation into the problems surrounding the 28`h Annual Kring & Chung Triathlon, and consultation with numerous City Departments, including the Newport Beach Police Department and Traffic Engineering. PACIFIC SPORTS HAS A PATTERN OF FAILING TO COMPLY WITH THE CONDITIONS OF ITS SPECIAL EVENT PERMITS Under the Newport Beach Municipal Code, the City may deny an application for a special event permit if the "application is made by an Applicant for a special event where conditions of a previous permit issued to the Applicant were violated." Municipal Code Section 11.03.060(1). • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3151 • Fax: (949) 644 -3155 , wvvw.city.newport- beach.ca.us . In this case, Pacific Sports has had a pattern of failing to comply with the conditions of the Special Event Permits issued by the City of Newport Beach, a pattern that has gotten progressively worse over the past three years. Last year, Pacific Sports violated five conditions of its Special Event Permit, including several designed to protect the safety of participants and the community alike (Event No. 05 -022) (hereinafter referred to as the "2005 Permit "). (a) Pacific Sports Failed to Provide Sufficient Volunteers, Course Monitors and Parking Staff To Handle the Crowds During the 2005 Event, Endangering the Safety of the Public and Participants. Condition No. 1 of your 2005 Permit required Pacific Sports to provide adequate volunteers and staff to serve as course monitors and parking attendants for the event. However, the 2005 Triathlon was plagued by a shortage of staff and volunteers, which negatively impacted police and City staff, who had to step in to pick up the slack to ensure the safety of participants and the public. By way of example, the Newport Beach Police Department reported that most of the volunteers who were supposed to be at intersections and corners to help direct participants to parking areas simply did not show up. Many who did show up -- did not stay for long. For instance, five volunteers who were assigned to the corner of Coast Highway and Jamboree Road left the scene early (reportedly to get breakfast at McDonald's), and were never seen again, according to police. • Those volunteers who did show up often were not adequately trained and did not know what tasks they were supposed to perform, requiring police and City staff to step in to direct them and train them. (City staff later learned that Pacific Sports had failed to hold a volunteer meeting prior to the event to prepare volunteers for the race day, which was inexcusable for an event of this size and scope.) The shortage of staff took its toll on those who did volunteer. In fact, one volunteer who had been stationed at the Marriot Hotel at Newport Center Drive and Santa Barbara Street was so overwhelmed by the crowds yelling at her and the lack of staff to help her that she ended up "mentally beat down" and breaking down in tears, requiring police officers to step in to assist her. In addition, staff from the City's Traffic Engineering Department reported that Pacific Sports had failed to supply sufficient volunteers to cover. all the vehicular access points to the bike portion of the racecourse, exposing bicyclists to dangerous conditions. This failure to provide adequate personnel and volunteers to staff the Triathlon event was a major breakdown in planning on the part of Pacific Sports, and constituted an egregious violation of the conditions of its 2005 Permit. (b) Pacific Sports Still Owes the City $725 for Last Year's Special Event and Has Refused to Pay the Bill, In Violation of its 2005 Special Event Permit. 2 Condition No. 22 of the 2005 Permit required Pacific Sports to pay for all City fees associated with its special event. City Council Policy B -7 also provides that Ol the City is entitled to recover all costs for municipal services provided from event sponsors. In June 2005, the City billed Pacific Sports $557.98 for the hours City staff spent revising Pacific Sports' incomplete traffic control plan.' Pacific Sports refused to pay this bill and it has since been sent to collections. As of this date, this bill has not been paid. The balance due as of March 3, including $167.39 in collection fees, is $725.37. (c) Pacific Sports Failed to Clean Up the Race Route Following the Triathlon Event, As Required By Its Special Event Permit. After last year's Triathlon, the City received complaints from the California Department of Fish and Game (Fish & Game), which manages the Upper Newport Bay Ecological Reserve ( UNBER). The state agency reported that Pacific Sports had failed to clean up the trash left along Back Bay Drive and on Reserve property after the race, as it was required to do by the terms of its 2005 Permit. Fish & Game also reported that Pacific Sports had abandoned trash receptacles along the race route, leaving the clean -up to the state agency. As you know, the UNBER is an extremely sensitive habitat, and leaving any trash material around it can negatively affect the many endangered species that use UNBER for nesting and foraging. (In addition, Fish & Game also reported that event participants left the race route and trespassed into sensitive habitat in the UNBER, urinating in the bushes along Back Bay Drive.) • The failure to clean up the trash left behind after the event was a violation of Conditions No. 19 and 24 of your 2005 Permit. Specifically, Condition No. 24 required Pacific Sports to "clean the area immediately following the event," and Condition No. 19 required Pacific Sports to "comply with ... all requirements of the Department of Fish and Game." Pacific Sports violated both of these permit conditions. (d) Pacific Sports Closed the Race Route Early, In Violation of Its Special Event Permit. Condition No. 9 of the 2005 Permit provided that Pacific Sports was not authorized to shut down Back Bay Drive until 6:00 p.m. on Saturday, May 21. However, Fish & Game reported that Pacific Sports closed down Back Bay Drive (including the access way to Sheilmaker Road) earlier in the afternoon, and would not allow Fish & Game staff access to the area for an event ( "Shark The detail regarding this bill was sent to you on June 6, 2005 by Associate Civil Engineer David Keely. Mr. Keely billed a total of nine hours for work he did in preparing the traffic control plan for the May 22, 2005 triathlon and helping to oversee the traffic plan on the day of the event. This broke down to four hours at $48.52 per hour prior to the event for a total of $194.08, and five hours on the day of the event, at time - and -a -half for weekend pay, or $363.90. . 3 Camp ") that it was holding at Shellmaker Island that evening for 120 children. This action not only violated the conditions of your Special Event Permit, but also inconvenienced dozens of families slated to participate in that event. (e) Pacific Sports Failed to Maintain Key Traffic Signs In Working Condition, In Violation of Its Special Event Permit. Under Condition No. 10 of the 2005 Permit, Pacific Sports was required to set up Changeable Message Signs (CMS) to direct traffic on the day of the event in order to keep traffic congestion down to a minimum for motorists. This condition required that the CMS signs were to be turned on at 4:00 a.m. on Sunday, May 22, 2005. However, at approximately 5 a.m. on Sunday, Newport Beach Police observed that one of the key traffic control signs located at Coast Highway and Promontory Road was not working. The police officer informed Pacific Sports' management that this CMS sign was not functioning; however, the signal was apparently never fixed, as officers still found it not working later in the day. (f) Pacific Sports Has Repeatedly Failed to Submit Timely and Complete Special Event Permit Applications. The Newport Beach Municipal Code requires that an application for a Special Event Permit shall be completed in its entirety on forms supplied by the Director of Recreation and Senior Services, and shall include all required information, • including a description of the special event, a site plan or route plan, and any other information deemed necessary by the reviewing authority. • In 2005, Pacific Sports' Special Event Permit application was submitted incomplete on January 21, 2005. The following items were missing from the application: the permit deposit, the insurance certificate and endorsement page, a complete and detailed race route and traffic control plan prepared and stamped by a registered traffic engineer, a parking plan, a vendor list, and a plan for notification of the community. As a result, City staff had to spend months working with Pacific Sports' staff to get all of the information and documentation required to complete the application. This same problem occurred this year, when Pacific Sports submitted its current application incomplete, as detailed in the letter I sent you earlier this year, dated February 7, 2006. This failure to submit your Special Event Application in a timely and complete manner is a pattern of conduct that unnecessarily burdens City staff and resources and wastes taxpayer dollars by requiring City staff to perform work that is the responsibility of the applicant. 2. THE PROPOSED EVENT WILL CAUSE SUBSTANTIAL TRAFFIC WITHIN THE CITY AND WILL SUBSTANTIALLY INTERRUPT THE SAFE AND ORDERLY MOVEMENT OF TRAFFIC IN THE CITY 4 An application for a Special Event Permit may be denied if the proposed event would "cause substantial traffic, safety or health hazards within any area of the City." Municipal Code Section 11.03.060(E)(4)(c). In addition, a Permit may be denied if the "route or size of the special event is reasonably likely to substantially interrupt the safe and orderly movement of traffic contiguous to the special event site or route." Id. Section 11.03.060(E)(4)(g). Since the Pacific Sports Triathlon first began operation 28 years ago, traffic in the City of Newport Beach has grown considerably, along with the City's population. Jamboree Road now serves as a major north -south arterial road for the region, leading to jobs, housing, shopping and dining in Newport Center and major recreational and tourist points to the south, including Balboa Island and the beaches along the Pacific Ocean. Tens of thousands of people now live in Harbor Cove, a residential community whose sole access is Jamboree Road, and in the new apartment houses and condominiums off Santa Barbara Drive. However, this event requires the complete closure of Jamboree Road from the Hyatt Regency Hotel to Santa Barbara Drive for three hours or more. As a result, residents of the City and visitors alike are inconvenienced for hours, at a time when many are trying to get to and from religious services or other special events. As a result of these chances. the Citv has concluded that it is simDly no given the roadway's vital importance in the City's transportation network. Furthermore, no other special event application has requested the closure of so many streets in the City at one time. As you know, Pacific Sports' application requests the closure of three roads for the Triathlon: Back Bay Drive, Jamboree Road and Newport Center Drive. Two of these roads are major arterial streets. Typically, even the largest special event only requires the closure of one major road, allowing residents and visitors to easily move around the road closure on adjacent roads. For example, the Race for the Cure, which has more than 20,000 participants, requires the closure of just one road -- Newport Center Drive. In contrast, this event, with about 800 participants, shuts down three roads and a much larger area of the City, with a greater negative impact on traffic flow throughout the City. 3. THE DATE OF THE SPECIAL EVENT CONFLICTS WITH TWO OTHER SPECIAL EVENTS BEING HELD IN THE CITY ON THE SAME DAY The Municipal Code provides that an application for a Special Event Permit may be denied if the proposed event would conflict with other special events already planned for the same day. See Municipal Code Section 11.03.060(E)(4)(e). In this case, there are two other events whose permits have already been approved currently planned on May 21, 2006. Both of these events take major access off of Jamboree Road, which you are proposing to close as part of your event. 0 First, the Balboa Island Artwalk will be held on Balboa Island from 9 a.m. to 5 is p.m. on Sunday, May 21. Attendance for this event is estimated at 4,000 people. The primary road to Balboa Island from the north is Jamboree Road. Thus, those who would be traveling to the Artwalk will be stymied by the proposed closure of Jamboree Road. In addition, those traveling to Balboa Island by bicycle from the north would likely use Back Bay Drive, which also would be closed for the Triathlon. Second, the 2006 Lexus Jazz Festival is being held on May 19 -21, 2006 at the Hyatt Regency Hotel (formerly known as the Hyatt Newporter) at 1107 Jamboree Road. Attendance is estimated at 10,000 people. The only access to this site is via Jamboree Road. Although the gates to the Jazz Festival open at 9:30 a.m. on Sunday, there will be workers, musicians, equipment handlers, volunteers, sponsors, and other related personnel who will need to arrive well before that time to set up the event. If Jamboree Road is closed, this would create a major traffic problem. For the foregoing reasons, the City has concluded that Pacific Sports should be denied a Special Event Permit this year for the 291" Annual Triathlon. I have attached the documents and information upon which I relied in making this determination for your information and files. Under Newport Beach Municipal Code Section 11.03.060, Pacific Sports has • ten (10) calendar days after its receipt of this notification to file an appeal with the City Clerk challenging the decision to reject the application, and to pay the appeal fee in the amount of $255.00. If Pacific Sports fails to file an appeal and pay the required fee within this time period, the appeal will be barred as untimely. (A copy of Municipal Code Section 11.03.060 is attached.) Ordinarily, the first appeal would be made to the City Manager — however, I know that a timely decision is important to you. Therefore, I have discussed this matter with the City Manager and we have agreed that your appeal may be made directly to the City Council. Feel free to contact me at 949 - 644 -3151 if you have any questions regarding this matter. Marie ight, Dire for Recreation & Senior S rvices Department I Attachments: 9 1. E -mail from Brian Shelton, Orange County Ecological Reserve Manager, California Department of Fish & Game to Matt Dingwall, Recreation Coordinator, dated March 2, 2006. Memorandum from David Keely, Traffic Engineering, to Richard M. Edmonston, Transportation and Development Services Manager, dated March 1, 2006. Email from Newport Beach Police Sgt. Jeff Lu to Matt Dingwall, Recreation Coordinator for the City of Newport Beach, dated March 1, 2006. 4. Letter to Jack M. Caress, President, Pacific Sports, from Marie Knight, Recreation and Senior Services Director, City of Newport Beach, dated February 7, 2006. Letter to Josh Studzinski, Pacific Sports LLC, from Aaron Harp, Assistant City Attorney, dated July 1, 2005 (with attachments)" 6. Memorandum to Special Events Committee Members from Matt Dingwall, Recreation Coordinator, dated June 20, 2005. • 7. Newport Beach Municipal Code 11.03.100 cc: Don Webb, Mayor Steven Rosansky, Mayor pro Tempore Leslie Daigle, Councilmember Richard Nichols, Councilmember Ed Selich, Councilmember Tod Ridgeway, Councilmember Homer Bludau, City Manager Sharon Wood, Assistant City Manager Kyle Kring, Kring & Chung Law Office Kenneth Chung, Kring & Chung Law Office F- UserslCATlShared /Donna Bigi /March 10 Triathlon Letter.doc I* Knight, Marie From: Dingwall, Matt Sent: Thursday, March 02, 2006 11:35 AM To: Knight, Marie Subject: FW: Triathalon Marie, I checked with Fish and Game and this is what they had to say: Matt S. Dingwall Recreation Coordinator City of Newport Beach (949) 699 -3152 - - - -- Original Message---- - From: Brian Shelton (mailto:bshelton @dfg.ca.gov) Sent: Thursday, March 02, 2006 11:31 AM To: Dingwall, Matt Subject: Triathalon Matt In summary, these are some of the concerns the Department has about the triathalon on Back Bay Drive. - Participants leaving the road surface and trespassing into sensitive habitat. Some observed urinating in the bushes. - Last year the triathalon closed down Back Bay Drive, and wouldn't allow DFG staff or approximately 120 children to attend a regularly hosted event at the Back Bay Science Center called Shark Camp. Various complaints are received about trash and trash receptacles being abandoned after the event was over. Thanks, Brian Brian Shelton Orange County Ecological Reserve Manager Department of Fish and Game 600 Shellmaker Road Newport Beach, CA 92660 (949) 640 -9958 bshelton @dfg.ca.gov 1r� u 1 z. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (949) 644 -3311 1► WLOW.1 Wk 11w, TO: Richard M. Edmonston Transportation and Development Services Manager FROM: David Keelyc-- Traffic Engineering DATE: March 1, 2006 SUBJECT: 2006 Kring and Chung Newport Beach Triathlon Special Event Comments The following are major concerns related to this event: • This years event is proposed for Sunday, May 21, 2006. Based on previous years event, the roadway closures would be from 6:30 a.m. to 9:15 a.m. (2 hours 45 minutes) minimum, including a complete closure of Jamboree Road from Island Lagoon to Santa Barbara Road. Two other events will occur in the same area on the proposed day, (Balboa Island Artwalk and the 2006 Lexus Jazz Festival at the Hyatt Regency Newport Beach. This years event would overlap the Balboa Island Artwalk, which is scheduled from 9:00 a.m. to 5:00 p.m. The Balboa Island Artwalk is expecting approximately 4000 participants over the course of the day. Based on the Balboa Island Artwalk permit parking at this event Is available at the Dunes. The 2006 Lexus Jazz Festival is scheduled from 11:00 a.m. to 10:00 p.m., with gates opening at 9:30 a.m. The main access route to the Balboa Island Artwalk and the 2006 Lexus Jazz Festival would be via Jamboree Road. (may be in violation of Municipal Code 11.03.060 E.4.e and 11.03.060 EA.g) In the past, the Kring and Chung Triathlon and the Jazz Festival had operation issues /conflicts regarding setup and parking. The two event organizers have resolved these issues in the past. This year's date adds one additional event, Balboa Island Artwalk, in which the main route to and from the event would be Jamboree Road and overflow parking is at the Dunes. Coordination from all three events is necessary and an enhanced detour route would be required. • In 2005, the event did not supply sufficient volunteers to staff all vehicular access points to the bike portion of the race. Many of volunteers that were stationed along the route we not well trained. The lack of trained volunteers hampered City staff with the additional burden of course management. Course management is the responsibility of the Event Organizers. The event organizers should mark/delineate the racecourse, especially areas with sharp turns, conflict points with other competitors and transition areas from one side of the roadway to the other. • • Conditions if Council decides to move forward with this event: • The submitted traffic control plan shall be modified based on observations from last years event, changes to roadway configuration and new developments along the race route. • It is recommended that the CMS sign located on Jamboree Road north of San Joaquin Hills Road shall be installed a minimum of one week prior to the event to inform motorist of the upcoming event. Due to the additional traffic expected on event day additional detour signage shall be installed. • Event shall ensure that volunteers are positioned at designated locations on -time and are knowledgeable about the task assigned. It may be necessary for staff to attend volunteer meetings. The number of course volunteers shall be to the satisfaction of City staff. Course volunteers shall be distinguishable from the general public. • Organizer shall be responsible for course management and course setup. Organizers shall provided a detailed course management plan with special attention paid to areas with sharp turns, conflict points with other competitors and transition areas from one side of the roadway to the other. • Conditions from previous years event would also be included /modified as necessary (see Attached). • F:\ Users \Pbw \Shared \Tra(OC \Special Events Pev lts =Marathon \md1- 3 -05mem.do 3� /ZooG • 2 3. Knight, Marie From: Knight, Marie Sent: Wednesday, March 01, 2006 3:55 PM To: Knight, Marie Subject: FW: 06 -030 DUE BY 3 -1 -06 12 NOON From: Lu, Jeff Sent: Wednesday, March 01, 2006 3:35 PM To: Dingwall, Matt Cc: McDonell, Bob Subject: RE: 06 -030 DUE BY 3 -1 -06 12 NOON 0 Event Date Conditions 1. All vehicles shall be lawfully parked. No fire lane exemption. 2. No exclusive use of public parking areas. Any off site parking on adjacent lots requires written permission from appropriate property owners. Applicant to provide in writing evidence of permission from property owners. 3. Directional signs to event parking shall be posted on race day and removed immediately following the event. Event volunteers shall be positioned to direct attendees to parking areas. 4. Provide adequate course monitors and parking staff as required. Event staff and course monitors shall prevent participants from running or riding outside of the pre- approved course areas. 5. Applicant responsible for providing adequate volunteers, course monitors, event staff, traffic control devices and signage to safely direct participants during the event, particularly on the bicycle course. Provide a detailed course lay -out and design plan two weeks prior to the event. 6. Participants shall not interfere with vehicular or pedestrian traffic. 7. Activities shall not create a pedestrian or traffic hazard. Prevent crowds from standing in streets and froio blocking sidewalks. 8. Applicant to street sweep areas near water filled barricade locations to minimize contaminants when barricades are emptied. Applicant is responsible for rental and installation of water filled barricades. 9. No posting of promotional signs permitted on any portion of public property, including trees, utility poles, street signs, etc. 10. No paint or other permanent markings on the pavement are permitted. 11. Do not obstruct emergency vehicle access to an), areas. Maintain Fire Department access to buildings and fire suppression equipment. 12. Comply with the lawful orders of Police and Fire personnel, or other government officials. 13. Obey all City, County and State regulations. 14. All food service shall comply with the Orange County Health Department regulations. For more information, contact the Orange County Health Department at 714- 667 -3621. 15. No alcoholic beverages permitted. 16. Amplified sound shall not begin before 7:45 am and shall cease by 10:00 am or at the order of the Police /Code and Water Quality Enforcement and shall not be loud and unreasonable (MC 10.28.010). Race shall be started using a flag or other form of non - audible equipment. 17. Any sound amplification or noise associated with this special event activity is controlled by Newport Beach Municipal Code Sections 10.26, 10.28, and 10.32. You should be aware if complaints are received relative to any noise generation you may be told to either lower or to eliminate any noise associated with your activity by the Police Department, Code Enforcement or Park Patrol Officer. 18. Any waste that enters or may enter the storm drain system (street and gutter) is strictly controlled by Newport Beach Municipal Code Section 14.36. This section prohibits the discharge of any pollutant into these areas. Therefore, you should make any arrangements that may be necessary to remove or to eliminate any potential pollutants from entering the storm drain system. 19. The City of Newport Beach reserves the right to change or modify the race /walk route or conditions due to unforeseen circumstances (construction, maintenance, weather, etc.). The City will work earnestly with the event applicant to identify and resolve any needed changes and /or modifications. However, • if the City and applicant cannot agree on the changes necessary for a safe event, the City reserves the right to cancel the Special Event Permit. 20. Access must be maintained to the following areas: Villa Point Condominium, Island Lagoon, Hyatt Regency, Palisades Tennis Club, Bayside Village, Harbor Cove Community, Park Newport, Fashion Island, Marriott, Police Department, Fire Department, Colony Apartments, The Ritz Restaurant, El Torito Grill, and OCTA Bus Depot. 21. Clean -up is the responsibility of the Permittee. Clean the area immediately following the event. 22. Permittee is strongly advised to have a minimum of 40 volunteers on the bike course to properly manage the driveway access and barricades. Applicant to provide a written detailed plan showing the exact locations and numbers of course volunteers and course monitors a minimum of two weeks prior to the event for review. 23. Applicant to conduct a pre -event volunteer and course monitor meeting to adequately train and inform volunteers and course monitors of their positions and duties. Applicant to notify the City of the date, time and location of the meeting. 24. On site contact the day of event(s) is Josh Studzinski at 216 - 235 -1945. 25. Amplified sound contact is Jack Caress at 714 - 271 -2137. 26. Provide a copy of this permit upon request of a public official. Pre -Event Conditions 1. Provide course monitors/ volunteers and parking staff as required. Race staff should be assigned to trail race and advise Police Department when roadway is clear. 2. Permittee shall coordinate with the Police Department to station five (5) volunteers at Coast Highway/ Jamboree Road and other unsecured locations/ driveways throughout the course. • 3. It is the responsibility of the Permittee to obtain permission from several property owners for traffic control installation and maintain traffic control devices on private property (Newport Dunes, Marriott, Fashion Island, etc.). 4. Permittee shall provide $1,000,000 general liability insurance naming the City of Newport Beach as additionally insured and provide a written endorsement of said coverage. 5. Hire /coordinate with the General Services staff for traffic control equipment installation. Contact Paul Ramirez in General Services at 949 -644 -3053 to make arrangements for equipment rental and installation. 7. Hire a minimum of eighteen (18) uniformed Newport Beach Police Officers and three (3) Supervisors. Contact Sgt. Jeff Lu at 949 - 644 -3744 for more information. 8. Applicant to provide Flagger Control at the Marriott driveway for 2 way use of a single lane per WATCH handbook. 9. An approved traffic control plan is requited, including eater filled barricades locations, street closures and detour plan. Applicant will supply six (6) copies for City use for each review submittal. The traffic control plan must be wet stamped and signed by a Registered Traffic Engineer. 10. Applicant to submit setup and take down schedule for Back Bay Drive, including water - filled barricade set -up and temporary delineators (prior to installation of Type 111 barricades on Jamboree Road) 11. Hire a minimum of twenty (20) Police Explorer Scouts for traffic/crowd control and one (1) Parking Control Officer. Contact Sgt. Jeff Lu at 949 - 644 -3744 for more information. 12. Provide prior notification to all affected homeowners associations and businesses that Back Bay Drive will be closed from 6:00 pm, Saturday, May 20, 2006 until 10:00 am Sunday, May 21, 2006 and alternate route information at least thirty (30) days before the event date. Applicant shall supply to the City of Newport Beach written proof of those contacted. Contact the Planning Department for a current list at 949 -644 -3236. 13. Permittee must notify in writing, all affected homeowners associations, businesses including Fashion Island management and Newport Center of this event, including dates, times, route, street closures, alternative rout info, and a contact phone number for Pacific Sports. Permittee must provide written proof of this notification and confirmation of responses to the City of Newport Beach. Permittee must also follow -up with a telephone call to each group, individual, or organization the letter is sent to. Permittee will submit a list by May, 2006 of those contacted that will include the first and last name, as well as the time and date contacted. 14. Apphcant must notify Orange County Transportation Authority Detour Coordinator at 714- 265 -4333 regarding road closures, event date, time, and course information. 15. Permittee must post notification signs at the entrance to Island Lagoon, Villa Point, The Colony and Harbor Cove communities two (2) weeks (by May 8"') prior to the event date regarding the event time, date, and road closures. These signs must be weather proof. Permittee must obtain permission in advance from these communities to post these signs and should monitor them during this period to make sure they are not removed or vandalized. 16. Event organizer shall provide a schedule for traffic control set -up along Back Bay Drive for both Saturday, May 20th and Sunday, May 21st. 19. Comply with all requirements of Newport Dunes Resort and the permit requirements of the Department of Fish and Game. Contact Brian Shelton of the DFG at 949- 640 -9958. 20. A pre -event meeting, at least two (2) weeks prior to the event, is mandatory. Contact Matt Duigwall, Recreation Services at 949 -644 -3152 to schedule meeting. 21. A Caltrans Encroachment Permit is required for closures and signage on Caltrans right -of -way. Provide a copy of the Caltrans Encroachment Permit at least 1 week prior to the event. 22. The permittee is responsible for obtaining and paying all fee's associated with obtaining this and any other needed permits. The above conditions apply if the event is allowed to proceed. 0 The Police Department is able to staff this event if the decision is made to approve the application, with the above listed conditions applied. The increased number of Officers and Explorer Scouts required is based, in part, upon our review of previous years' experience that the applicant has not provided sufficient number of course monitors and volunteers to adequately and properly manage the driveway access and other access points along the course. As a result police personnel have had to move from assigned locations to make up for the lack of course monitors and event staff. Additionally, this is only the third year using the currently submitted traffic plan, and additional police resources are necessary to safely direct the public around the road closures and detours. This application raises several concerns: Unlike any other event in the City, this event requests the closure of Back Bay Drive, Jamboree Road and Newport Center. Typically, a large event in this area will utilize just Back Bay or just Newport Center for closures, with the public able to fairly easily move around the closures. For example, the Race For The Cure, with over 20,000 participants, only has closures in Newport Center. In contrast, this event, with about 800 participants (2005 figure), shuts down a much larger area, for a significantly fewer number of participants, and with a greater negative impact on the public in general. There are two community sponsored events already taking place in the same area on the same date. The Balboa Island Artwalk will be held on Balboa Island from 9:00 am to 5:00 pm on May 21st. This community -wide event is sponsored by community members and is attended by many thousands of visitors and community members (4,000 attendance). The primary road to Balboa Island from the north is Jamboree Road. This creates a significant conflict if Jamboree Road were to be completely is closed for the triathlon at the same time artists, volunteers and the public are trying to get to the Artwalk. Also, those traveling to Balboa Island by bicycle from the north would likely use Back Bay Drive, which also would be closed for the triathlon, again creating a conflict. The Police Department already commits three officers to the Balboa Island Artwalk. Secondly, the 2006 Lexus Jazz Festival at the Hyatt Regency Hotel at 1107 Jamboree Road is being held the same weekend. This community event is attended by up to 10,000 people over the weekend, from Friday, May 19th - Sunday, May 21st. The gates open at 9:30 am on Sunday, with an expected crowd of 4,000 on Sunday. The only access to this event is via Jamboree Road. Though the gates open at 9:30 am, there will no doubt be workers, musicians, equipment handlers, volunteers, sponsors, and other related personnel wanting to arrive early in the morning. This would not only create a significant conflict if Jamboree Road was closed for the triathlon, but could very well be viewed by the public as "poor planning" if allowed to occur. Also, during previous years, the triathlon has begun their set -up on Back Bay Drive the day before the event. In this case, that would be Saturday, May 20th. The Jazz Festival also occurs on that date from 11:30 am - 8:00 pm. Again, a conflict in and around the Hyatt Regency Hotel would be created. There are many communities, businesses, events and residents which would be negatively affected by the road closures required for the triathlon's traffic plan. Those include... - The Back Bay Cafe - Newport Dunes access and boat launch - the new Bay View Senior Housing on Back Bay - Villa Point community - Hyatt Regency Hotel - Palisades Tennis Club - Island Lagoon community - Harbor Cove community - Park Newport Apartments Newport Beach Police station Newport Beach Fire station #3 The Colony Apartments - newly renovated Marriott Hotel and their employees and guests - Fashion Island businesses and employees - Newport Center conunercial office buildings - 24 -Hour Fitness - public access (bikes, walkers, joggers, etc.,) to Back Bay Drive - Balboa Island residents and businesses - residents attending church services Sunday morning - in addition to the two previously described special events and their participants and attendees. The event is organized by a "for profit" organization and held for a relatfvely small number of participants in light of the required road closures, number of city staff required, significant conflicts with two much more community- oriented events and the negative impact it will have on many residents, businesses, the motoring public and the general public. If the policy decision is to deny the application, the below INIBMC section seems to apply: 11.03.060(E)4(e) NBMC - The special event is scheduled to occur at a location and time in conflict with another special event scheduled for the same day or weekend and such conflict will create conditions materially detrimental to the general public or to nearby property owners, residents, or businesses, or would adversely impact the City's ability to provide adequate services. • Jeff Lu. - - - -- Original Message---- - From: Dingwall, Matt - Sent: Tuesday, February 28, 2006 2:24 PM To: Hook, Steve; Cosylion, Matt; Bryg, Ron; Sutherland, Ron; Washington, Lillian; Pisani, Mike; Ramirez, Paul; Garcia, Say; Lu, 3et Bauer, Eric; Turner, Jim; Keely, David; Cooper, Casey; Everroad, Glen; Navarrete, Monique; Anderson, Cheryl; Ure, Mike Cc: Knight, Marie Subject: 06 -030 DUE BY 3 -1-06 12 NOON Kring and Chung NB Triathlon (last years permit attached) << File: SEP 06- 030.xis >> << File: 05 -022 Kring and Chung Newport Beach Triathlon.doc >> Please carefully review the proposal for the triathlon and get back tome by Wed March 1st by 12noon with your comments regarding the proposed event, please take all factors into account: other events the same date, effects on the community of a closure of Jamboree Road, staffing, past performance, etc. Thank you in advance for your assistance, please let me know if you have any questions. Matt S. Dingwall Recreation Coordinator City of Newport Beach (949) 644 -3152 0 0 � \9IL/ Jack M. Caress, President PACIFIC SPORTS 1500 South Sunkist Street Suite E Anaheim, CA, 92806 L4 • CITY OF NEWPORT BEACH RECREATION & SENIOR SERVICES Marie Knight, Director February 7, 2006 RE: NOTICE OF REJECTION OF SPECIAL EVENT PERMIT APPLICATION FOR THE 29TH ANNUAL KRING & CHUNG TRIATHLON Dear Mr. Caress: Enclosed herewith please find Pacific Sports' Application for a Special Event Permit for the 29`h Annual Kring & Chung Triathlon ( "Application "), as well as the two separate checks for the deposit and permit fees. Pursuant to Section 11.03.060 of the Newport Beach Municipal Code, the City of Newport Beach ( "City ") is rejecting the Application because the City has determined that Pacific Sports failed to submit necessary information after having been notified that the Application was incomplete. Specifically, on January 17, 2006, the City informed Pacific Sports that the Application was incomplete because. among other things, Pacific Sports failed to submit: A Traffic Control Plan signed and stamped by a California Registered Traffic Engineer; 2. Six copies of the Traffic Control Plan; and, 3. A complete Traffic Control Plan that addressed concerns related to the closure of the SR -73 off -ramp at University Drive, the changes that have occurred on Back Bay Drive, the use of water filled barricades, and the use of Changeable Message Sign ( "CMS "). Rather than submit the requested information, Pacific Sports elected to dispute the determination that the Application was incomplete. Specifically, in Pacific Sports' correspondence dated January 20, 2006, and received by the City on January 26, 2006, it contends that the City must accept the Traffic Control Plan because the submitted plan was approved by the City of Newport Beach for nineteen years. 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 Jack M. Caress, President February 7, 2006 Page 2 0 As the City previously advised Pacific Sports on July 1, 2004, October 28, and December 19, 2005, the City has made substantial modifications to its permitting process over the past few years. One significant change is that the City now requires applications for permits that propose the closure of arterial roadways be accompanied by a Traffic Control Plan prepared, signed and stamped by a California Registered Traffic Engineer, unless the City elects to waive this requirement because it has determined that: (1) the course for a past event is unchanged from a previously certified Traffic Control Plan; and (2) no modifications to previously submitted plans are required to address safety /traffic issues and /or other changed conditions. Here, the submitted Traffic Control Plan is insufficient because it fails to address significant safety /traffic issues and changed conditions along the route. As you will recall, the route proposed in the Application was changed in 2004 and 2005 due to safety issues, traffic delays, and complaints related to the May 1B, 2003 event. One of the major concerns after the May 18, 2003 event was the impact of the event on SR -73 and the University Drive off -ramp. Specifically, in the past, the off -ramp University Drive has been blocked by Pacific Sports' event which has resulted in th closure of the off -ramp. While Pacific Sports contends that the closure of the off -ramp of SR -73 at University Drive is within the City of Irvine's jurisdiction and is not a City concern, this location is within the City of Newport Beach. Based thereon, the submitted Traffic Control Plan is woefully insufficient because it does not address the closure of the southbound SR -73 off -ramp at University Drive and accompanying traffic control on University Drive. In addition, the submitted addendum: (1) only show portions of a previous Traffic Control Plan for a different route; (2) conflicts with the submitted Traffic Control Plan in regards to. the closure of Jamboree Road; (3) does not show or address the new parking on Back Bay Drive or provide an adequate opening to accommodate Senior Housing access on Back Bay Drive; (4) reflects the messages and closures for a different route and street closure; and (5) proposes inappropriate CMS locations for the proposed closure. Further, the submitted Traffic Control Plan does not address safety issues that have arisen in the past necessitating modifications to the Traffic Control Plan to: (1) reduce the risk of conflict between participants /spectators and vehicles on Jamboree Road, and (2) improve access to a larger number of residential communities and businesses along the proposed route. Given the significant traffic /safety issues and changed conditions, the Traffic Contr000 Plan must be updated to meet current City standards. Further, the required modification of the Traffic Control Plan is in no way altered by the involvement of Jim Jack M. Caress, President February 7, 2006 Page 3 Brahler or Janet Devan (who have not been employed by the City for over ten and three years respectively) in the preparation of the Traffic Control Plan. The fact that these former employees may have contributed to the creation of outdated plans does not alter the City's position that plans for special event permits must conform to the City's current requirements. In sum, the City is not persuaded by Pacific Sports' contention that the Application is complete. Hence, the Application is being rejected because Pacific Sports did not submit the required information as requested. Per Newport Beach Municipal Code Section 11.03.060, Pacific Sports has ten (10) calendar days after its receipt of this notification to file an appeal challenging the Director of Recreation & Senior Services Department decision to reject the Application and to pay the appeal fee in the amount of $255.00. If Pacific Sports fails to file an appeal within this time period and pay the appeal fee will be barred as untimely. (A copy of Municipal Code Section 10.03.060 is attached) i In the alternative, Pacific Sports may submit a new application for a special events permit. However, please be advised that the City will not process any application for a Level 3 permit that is received less than ninety (90) days prior to the event. Furthermore, any application received less than one hundred and twenty (120) days before the event will be assessed a late fee, which would be $3,940 for your event as well as the $1,125 deposit. Feel free to contact me if you have any questions or concerns regarding this matter. Marie Ynight, Dir ct r Recr ation & SeniorUServices Department Enc. cc: Don Webb, Mayor (w/o Enc.) Steven Rosansky, Councilmember (w /o Enc.) Leslie Daigle, Councilmember (w /o Enc.) Richard Nichols, Councilmember (w /o Enc.) Ed Selich, Councilmember (w /o Enc.) Tod Ridgeway, Councilmember (w /o Enc.) • Kyle Kring, Kring & Chung Law Office (w /o Enc.) Kenneth Chung, Kring & Chung Law Office (w /o Enc.) 1 1.03.060 Permit Review Procedures. Page I of 3 Title 11 RECREATIONAL ACTIVITIES' Chapter 11.03 SPECIAL EVENTS 11.03.060 Permit Review Procedures. A. Reviewing Authority. All Applicants for special events regulated by this chapter shall apply for a permit from the Recreation and Senior Services Director. B. Application Filing. Applications for special events shall be made in advance of the start of the special event. Applications shall be submitted to the appropriate Director, not less than the number of days established by resolution of the City Council. The City Council Resolution shall establish time periods for applications to be submitted sufficient to allow for review of completed applications depending upon the number of attendees and impact of the special event on City property. Late submissions shall constitute grounds for denial. However, if an application is made less than the required time, the Director shall determine if there is sufficient time remaining for proper review of the application under the provisions of this chapter. If the Director determines that there is sufficient time for review, an increased fee shall be charged for late filing, as determined by resolution of the City Council. If the Director determines that.there is not sufficient time, the Applicant shall be given the option of rescheduling the special event, or withdrawal of the application, or denial of the application. If the application is withdrawn prior to processing, the Applicant would be given a full refund of fees. C. Submission Requirements. Applications for special events shall be completed in their entirety on forms supplied by the Director, and shall include information such as the Applicant, a description of the special event, a site plan or route plan, and any other information deemed necessary by the Reviewing Authority to complete review of the proposal. If the special event is proposed to be operated with, or on behalf of another person different than the Applicant, the application shall include the name, address and telephone number of each person who will operate the special event. Any person who applies for a permit as an authorized agent of the Applicant shall provide written authorization of such agency. D. Fee. Applications shall be accompanied by a fee established by resolution of the City Council. The fee shall be established at a rate to cover the City's actual costs of review and processing of the application and to reimburse the City for all City department service charges the City incurs in connection with or due to the activities under the permit. These costs are for the direct impacts caused by the special event or those in attendance at the special event, not actions of onlookers. Prior to issuance of the permit, the Applicant may be required to submit a cash deposit in an amount sufficient to cover the total City departmental charges estimated to be incurred in connection with the permit. After the special event has concluded, City departments shall submit the final invoices and billings for each department, which shall be totaled into a final invoice and provided to the Applicant, who shall pay any unpaid balance within thirty (30) days of receipt of the invoice. The fee shall be in addition to other fees required by the Code, and shall not be waived. E. Review Process. The Director shall review and act on complete permit applications in accordance with the procedures set out below. The Director may refer any application to the Citv Manager for special review under the procedures set out in subsection G of this section. 1. Filing. Applications shall undergo initial staff review. Within ten business days of filing, the Director shall cause the Applicant to be notified in writing whether the application is complete. If an application is determined to be incomplete, the notification shall identify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete. The Director may reject the application if the Applicant fails to complete the application after having been notified of the additional information request. 2. Other Department Review. If the Director determines that there are potential traffic or safety issues associated with a proposed special event, the application shall be referred to the Police and /or Fire Departments for review of such issues and recommended conditions of approval. In addition, the Reviewing Authority may refer the application to any other appropriate staff member httn i / /ordlink.com/codes /newportb/ DATA/TITLEII /Chapter 11 03 SPECIAL EVENTS... 2/7/2006 0 1 1.03.060 Pennit Review Procedures. Page 2 of 3 or department for review and recommended conditions of approval. 3. Public Notice. The Director may require a mailed or delivered notice of a proposed special event to property owners if the Director determines, on a case -by -case basis, and that the public interest would be served by such notice. The Director may also require proof of said notice when deemed necessary. 4. Action by Director. After determination that the application is complete, the Director shall conduct an appropriate investigation, including consultation with other departments and site visits as deemed necessary. The Director shall then approve a special event permit, with or without conditions, unless he or she finds that: a. Special review of the proposed special event by the City Manager is required under subsection G of Section 11.03.060, b. One or more of the standards of Section 11.03.050 of this chapter are not met, c. The special event will cause substantial traffic, safety or health hazards within any area of the City; d. The special event will cause excessive noise impacts that will be materially detrimental to the general public, property owners, residents, or businesses near the special event site or route; e. The special event is scheduled to occur at a location and time in conflict with another special event scheduled for the same day or weekend and such conflict will create conditions materially detrimental to the general public or to nearby property owners, residents, or businesses, or would adversely impact the City's ability to provide adequate services, f. The special event is proposed to be located in or upon a building or premises which is hazardous to the health or safety of the special event attendees under the standards established by the Uniform Building or Fire Codes; g. The time, route, or size of the special event is reasonably likely to substantially interrupt the safe and orderly movement of traffic contiguous to the special event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion, or the special event is not reasonably likely to move from its point of origin to its point of termination in four hours or less; h. The concentration of persons, animals and vehicles at the site of the special event, or the assembly and disbanding areas around a special event, is reasonably likely to prevent proper police, fire, or ambulance services to areas contiguous to the special event, i. The size of the special event is reasonably likely to require diversion of so great a number of police officers of the City to ensure that participants stay within the boundaries or route of the special event, or to protect participants in the event, as to prevent normal protection to the rest of the City. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of special event participants with the number of police officers available to police the special event; j. The location of the special event is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit; k. The special event lacks adequate parking for employees and the public attending the proposed event under the applicable standards of Chapter 20.66 of the Code, except where the special event is part of an existing legal nonconforming use with respect to parking; 1. The application is made by an Applicant for a special event where conditions of a previous permit issued to the Applicant were violated, or where any City ordinance, rule or regulation was violated; m. The special event is in conflict with applicable provisions of any federal, state and /or local laws; n. Information In the application or supplemental Information Is found to be materially false or misleading; and o. The special event will have an adverse effect on the health, safety or welfare of the public. The Director shall approve, conditionally approve, or deny an application on one or more of the 1 1.03.060 Pennit Review Procedures. Page 3 of 3 grounds specified above. The Director shall act as expeditiously as possible and, in any case: (i) no later than thirty (30) days after the Director received a completed application pursuant to subsection (E)(1) above. If the application is denied or approved on conditions other than those accepted by the Applicant, the Director shall inform the Applicant of the grounds for denial of the application in writing, or the reason for the conditions imposed, simultaneously with notice of the decision, and shall further inform the Applicant of his or her right of appeal. If the Director relied on information about the special event on other than that contained in the application, the Director shall Inform the Applicant of the additional information he or she considered. The Applicant shall be notified of any permit conditions at the time the application is approved and of the Applicant's right to appeal the permit conditions. If the Director determines that good cause to consider a late application does not exist under Section 11.03.060(B) within seven days of receipt of the late application, the Director shall inform the Applicant of the reason for his or her determination regarding lack of good cause and of the Applicant's right of appeal. If a Level 1 permit is denied by the Reviewing Director that decision is final. 5. Conditions of Approval. As conditions for granting a special event permit, the Director may impose reasonable terms and requirements concerning the time and place of the special event; the area and manner of conducting the special event; the maximum number of attendees; the intensity of sound amplification; the protection of the bay and ocean relative to water quality, the regulation of traffic, the number and size of signs and banners; any traffic barricades to be provided by the Applicant, whether alcoholic beverages are allowed; and such other requirements as the Director finds reasonable and necessary for the protection of persons and properly. 6. Permit Issuance. If the permit is approved, the Director shall cause the permit to be issued subject to confirmation that all information and documents required by this chapter have been filed, all required fees, deposits, and sureties have been paid or posted, and all conditions of approval have been provided for. 7. Applicant Notification. After action on the application, the Director shall cause the Applicant to . be notified in writing within five days of the decision. The Applicant may appeal decisions by the Director to the City Manager In accordance with this section. F. Appeals to City Manager. Within ten days of the date of written notification of action by the Director, an Applicant for a Level 2 or Level 3 Permit may appeal any denial of the application or any condition of approval to the City Manager. The City Manager shall hear appeals at least ten days following filing of the appeal. The City Manager's decision on the appeal of a Level 2 Permit shall be final. G. Special Review by City Manager. Applications for special events which the Director determines has the potential for greater- than -usual noise, traffic or other impacts on nearby property owners, residents, and businesses, may require special review by the City Manager. The City Manager shall review the application with the Applicant at least ten days following the Director's decision that the application requires special review. H. Appeals of City Manager Decision. The City Manager's decision under subsection F or G above shall be rendered within ten days of his or her consideration of the appeal or special review. The City Manager shall approve the application unless he or she makes one or more of the findings for denial set out in subsection 4 of Section 11.03.060(E), in which case the City Manager may deny the application. In approving a special event permit, the City Manager may impose conditions of approval, as set out in subsection 5 of Section 11.03.060(E). The City Clerk shall notify the Applicant in writing within five days of the City Manager's decision. The City Manager's decision on an appeal under subsection F above for all Level 2 permits shall be final. The City Manager's decision under subsection G above, and on all Level 3 permits may be appealed to the City Council pursuant to Section 11.03.100. (Ord. 2004 -4 § 1 (part), 2004) PACIFIC SPORTS 1714) 97&1528 1500 S SUNKIST ST SUITE E ANAHEIM, CA 92806 2459 16 -66 DATE //D ` 1220 PAY A TO THE C� .�L� O T �t/eu./�a2� 6PiFCf�_ $72 gas. o 0 TOTER OF / DOLLARS B�-r Bank of America Tustin&e 0640 18341 Ne A�' Tuain. CA 92680 Q74j 977 -8495 FOR z Nl s%ewidL 11'0.t0/ru 2 p4�5}91C1• >' vF1�:H 1 2T 2 0il0y✓0c n6l 6 11: 0840 [11*9 93 1 PACIFIC SPORTS ltreet Suite E • Anaheim CA 92886 • • RECEIVED JAN 1 1 20061 11 Office of the City Manager PACIFIC SPORTS (714) 978 -1528 1500 S SUNKIST ST SUITE E ANAHEIM, CA 92806 2464 16 -66 DATE / Z.D D 1220 PAY / 1/ ��,[ Q TO THE ORDER C- 7Y Drt- �/i440ae? lJ f'�'C // $ ORDER /Of F� aBnkof e r ca Tustin Branch 0040 13341 Newport Avenue TIMIn, CA92680 ((7�7114) 9738495 FOR 11000 24 6411' 1: i 2 200066 i1: 0840611 199 311' PACIFIC SPORTS (714) 978 -1528 1500 S SUNKIST ST SUITE E ANAHEIM, CA 92806 2465 16`66 DATE �O 06 220 PAY TO THE 7� ORDER OF /J � � .r-�- $ ` V /11.0 mL��"trr'(.O.o'✓.�i Ul Bank of America Tustin Branch 0640 13341 Newport Avenue TilltnCA92.680 (714) 9733` 95 FOR_ q "V ... _.______.. aT 11'00 246511' I: i 2 200066 LI: 08406 199 311' &a V PACIFIC SPORTS 1500 S. Sunkist Street Suite E • Anaheim CA 92806 � i i Recreation & Senior Services Department o���aTo 3300 Newport Blvd - Newport Beach, CA 9266 7 Phone: (949) 644 -3151 — FAX: (949) 644 - �'` ° " "� SPECIAL EVENT PERMIT APPLICA JAN 1 1 2006 ONLY COMPLETED APPLICATIONS WITH PAYMENT WILL :EF:I2j:F:n ❑Casino ❑Concert Performance ❑Festival ❑Fundraiser OFFICE USE ONLY —� SEP NUMBER ❑ Harbor Activities El Music ❑ Parade/Processions ace I Walk I < �'t' LEVEL El Sale I Expo ❑ Surf Contest ❑Tournament ❑ Other APPLICATION FEE a M n �j ,.�p� -4- &z«4 Event Title l�Mvo- l 01A ( ✓ ^5 Tom• - tt i. EVENT DATE: Mo'I a � . 0200b Estimated Attendance Per Day 1500 50 Participants: �� Spectators: Admission Fee? ❑ No Yes - Describe 61- Actual Event Hours: (D H SA Set Up /Assembly: Date: S -�1° Start Time: 13AM Io:yoA Break down /Dismantle Date: S-a I Completion Time: /VOO,'J Location Address (exact address): >/y e uU p Wnxf 3 64< 6a • Total Number of Consecutive Days: �2 Site Plan Attached: Yes No (circle) List any streets that require closure for this event: kc) 3 CavrSe I.p.Commercial ❑ Non- Commercial Address: 1Sco S. 5'_�rw'5+ S-t- Yk E City: r-\ zip: I X Rb(n In Y k q) 8. i sas Fax: 91q . ft-1 p . l S6s email , �QS�� pAG �LS�a /1L61L t Please list name, address, phone and email of any professional organizer of event planner hired by you to produce this event: If professional event organizer is applying for this permit, a letter from the Chief Officer of the organization which authorizes the organizer to apply for this permit is required.. l • Responsible person Ionsite" day of event: C 1 S `U CZI ^S Cell Phone: /- V Person listed above must be in attendance for the duration of the event and immediately available to City officials. APPLICANT MUST COMPLETE ALL THPEE PAGES OF THIS DOCUMENT .;EVENT- Q'ET/#ILS - G-1 3. 1 5-a8 Rr V1.,, Q ❑ No LI Yes - Describe ❑ No } Yes - Describe I V O ir-- W e (t- 5 — Describe entertainment & related activities (if not please explain) /U/1A Will alcohol be _❑_Sery d ❑ Sold Z No If yes - Contact person J Phone: Will food be K Served El Sold El No If yes - Contact person J051 Phone: Will food be-p-repared at event ❑ Yes ® No Will there he A ❑ Drawlna ❑ Casino (Comoanv & Contact Person wlphone number) r Will there be sound amplification? ❑ No ❑ Yes - Indoors 19 Yes - Outdoors toy, Describe sound equipment: 54-,, 11 / .A Amplified sound requires an onsite contact person — Name: `JfNt ic Cell Phone: a 1 �7 (PERMIT REQUIRED FOR EACH TENT OVER 200 sq. FT. Will there be canopies or tents? No ❑ Yes — Size and Number pND /OR CANOG ES OVER 400 SO F ) Date installed: Date removed: Name of Supplier: Will booths bleachers stages or structures be erected? ® No ❑ Yes -Describe Will signs or banners be used? ❑ No M Yes -Describe 5 d OA ie/ b -Azuf 31 (Inflatable signslbanners and searchlights are not permitted in the Cilf of Newport Beach) Will there be generators vehicles boats or other equipment? ❑ No ® Yes -Describe Will there be commercial filming of this event? O No ❑ Yes -Describe Additional information APPLICANT MUST COMPLETE ALL THREE PAGES OF THIS DOCUMENT I, THE UNDERSIGNED, ACKNOWLEDGE AND UNDERSTAND THAT I AM RESPONSIBLE TO COMPLY WITH THE INFORMATION, RESTRICTIONS AND CONDMONS OF THE PERMIT WHEN ISSUED. I HEREBY ACKNOWLEDGE RESPONSIBILITY FOR PENALTIES ASSOCIATED WITH NON - COMPLIANCE WITH THE PERMIT CONDITIONS, WHETHER OR NOT [AM PRESENT AT THE TIME OF THE VIOLATION. (INrrwLs) hereby certify the foregoing statements to be true and correct, and agree to defend, indemnify and hold harmless the City of Newport Beach, its City Council, officers, agents, employees and volunteers from and against any and all loss, clairhs, damages, liability, such claim or suit arising from or in any manner connected to the requested activity. I also agree, if approved, to comply with all permit conditions, and understand that failure to comply with any condition or any violation of law may result in the immediate cancellation of the event, denial of future events, and or criminal prosecution. Failure to comply with permit conditions can result in revocation administrative citations (s), fines and denial of future permit applications. Print Your Name: 1 ` ���LI �S h Sianature Attachments received: r� U Staff Member Receiving of the permit, forfeiture of deposit, -1 -65 9002 t t NV(' MOR11 ❑ Banner Permit El Insurance Cert & Endorsement Page ❑ Banner Permit ❑Tent Permit/ Application ❑ Site Plan (outdoor) ❑ Plot Plan (indoor) Attachments: A. Special Event Permit Fees B. When Do i Need A Special Event 0 rre__�:.._ nu m• Back Bay drive Time line 2006 New oft Beach Triathlon Saturday May 20th Noon Begin Setup 6 m Full Closure of Back Bay Dr. Sunday May 21st 4AM Pacific Sports Staff on Site 4 -6am Finalize setup 6:30AM Finalize Setup at Jamboree and Back Bay 6:45am- 10am Race in Progress 10 -Noon Cleanup 12:30PM Open Back Say Dr. r� u PACIFIC SPORTS IMPORTANT INFORMATION ON STREET CLOSURES ORGANIZATION NAME: On May 21, 2005 the 29th annual Kring and Chung Newport Beach Triathlon will be held in Newport Beach.This letter will provide you with the information regarding road closures and times of the event as it may relate to your Sunday schedule. Cycle Course: The cycle course is 13 miles long and will start on Back Bay Drive. Cyclists will turn left onto Jamboree (in S/b #1 lane), and continue on Jamboree past San Joaquin Hills to Eastbluff Dr. and turn left. They will take Eastbluff Dr. past Jamboree onto University, proceeding to Campus Dr., making a left turn. The cyclists will turn right onto Carlson, and then right again onto Michelson to a turnaround point at Riparian Way. At that point they will retrace the course on Michelson, Carlson, Campus and University (crossing Jamboree), then making a right onto Back Bay Drive. Cyclists will follow normal flow of traffic on Back Bay to the Transition area at the Dunes Waterfront Resort. Run Course: • The nm course is 3.1 miles. Runners will turn left onto Jamboree from Back Bay Dr. After San Joaquin Hills, the runners will turn left onto the trail at Big Canyon Gully (behind Park Newport). The course proceeds on the trail to Back Bay Drive, turns left onto Back Bay Drive, and continues to the finish line near the Dunes. The event begins at 6:45 AM. Roads being used for the cycle course will be compromised from about 6:30 ANI — 8:45 AM. Roads on the run course will be used from 7:15 AM — 9:15 AM. Please give yourself extra time to get to your destination if you must use any of these roads. Police officers will be in position at all intersections to assist with the traffic flow, and alternate routes. Please call us at 714.978.1528 with any questions or concerns. You may also refer to the website (www.pacifiesportsllc.com) for further information. Your cooperation and support are greatly appreciated. Sincerely, Josh Studzinski Director of Operations Pacific Sports LLC *Please sign, date and return to us via fax 714.978.1505 . Signature Company � � r Date 1500 S. Sunkist Street Suite E • Anaheim CA 928 714.978.1528 Fax 714.978.15 www.Pacifi cSportsLLC.ca www. LATri ath to n. co Newport Contacts Organization Contact Name Ph# Fax # email mail Villa Point Scott Smith 714.444.2602 714.444.3602 Scott southcoast m.com Island Lagoon Terry Smith 714.279.1122 714.279.1130 1518 Taft Ave Oran e 92865 OCTA Manny Perez 714.265.4333 714.265.4317 NB Tennis Club Steve 949.644.0050 949.644.0437 2601 Eastbluff Ba side Village Patty Pem er 949.673.1331 300 E. Coast Hwy Palisades Tennis Club Ken Stewart /Terri 949.644.6900 1171 Jamboree Hyatt New porter Brooke Burnett 949.729.6002 949.7299.6044 1107 Jamboree Harbor Cove Sheri Connor 949.838.3284 949.833.0919 16845 Von Karman #200 Irv92606 Park Newport Linda Gunther 1 Park Newport NB 92660 Ba ointe 2500 Ba ointe Dr NB 92660 Eastbluff HOA Scott Smith Emmons Co 17300 Redhill Ave #210 Irvine 92614 Eastbluff Apt Owners Assoc PO Box 4708 Irvine 92616 Eastbluff Villa e Center Randy Daaboul 5 Jenner Ste 100 Irvine 92618 Villa Siena 25 Palatine Irvine 92612 Toscana A is 35 Via Lucca Irvine 92612 Liberty Baptist 1000 Bison NB 92660 St. Mark Presbyterian 2100 Mar Vista NB 92660 Corona del Mar HS Fal Asrani- Principal 949.515.6000 2101 Eastbluff Our Lad Queen of Angels 2046 Mar Vista NB 92660 • 0 • • • City of Newport Beach- Revenue Division (ID3300 Newport Boulevard Newport Beach, CA 92658 949. 644.3148 or 949- 644.3140 949. 644 -3073 Event:N2q.- P �w� �16 A Date of Event: S � D to All businesses affiliated with the event that have been hired to provide a service or product and are a for profit organization or company must obtain a business license from the City of Newport Beach Revenue Division. List all trades and occupations associated with your event, including but not limited to, DJ's, Magicians, Bounce Houses, Coordinators, Photographers, Caterers, Security, Cleaning Crews, Set -up and Take -down crews, Auctioneers, etc. SERVICES NAME OF BUSINESS COMPLETE MAILING ADDRESS PHONE Ind. Area Code CONTACT NAME g `t o(� — ll'- I - �3• 6G3 / e �./ d I SIo4 A R ,, CERTIFICATE OF LIABILITY INSURANCE DATE 131/2 YYY 03/31/2005 PRODUCER (641)842-2135 FAX (641)828-2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McKay Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. FYTFND 00� 106 Bast Main Street P O Box 151 Knoxville, IA 50138 INSURED Recreation 6 Amateur Sports Risk Mgmt. Assn National Triathlon Safety Group Pacific Sports LLC 1500 S. Sunkist St. Suite E Anaheim, CA 92806 INSURERS AFFORDING COVERAGE INSURERA: Lexington Insurance INSURER B. INSURER C. INSURER D: INSURER E: NAIC # 19437 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDII ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC" POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR kDD'I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION uMRS A GENERAL LIABILRY X COMMERCIALGENERALLIABILITY CLAIMS MADE a OCCUR % Includes Athletic 5061304 05/22/2005 - IPA I 05/23/2005 EACHOCCURRENCE $ 1,000, DAMAGE TORENTED PRFMISFS IF, $ 100, MED EXP (Any om person) $ EXclu PERSONAL B ADV INJURY $ 1,000, Participants GENERAL AGGREGATE $ 2,000, GEN'L AGGREGATE LIMIT APPLIES PER POLICY PR0- LOC JECT PRODUCTS - COMPIOP AGG $ 1,000, AUTOMOBILE LIABILITY ANY AUTO ALL 0 WiJED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -0VNED AUTOS w ^ - ',` ` • COMBINED SINGLE LIMIT IEa $ BODILY INJURY BODILY (Per S BPDILY INJ (Pe amdene) E PROPERTY DAMAGE (Per acvdenl) $ GARAGE LIABILTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: qGG $ i EXCESYUMBRELIA LIABILITY OCCUR Q CIAlInS MADE DEDUCTIBLE RETENTION $ ^— EACH OCCURRENCE S AGGREGATE $ _ S E $ WORKERS CDMPENSATION AND EMPLOYERS' LIABILRY ANY PROPRIEfORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? H yes. desaibe under SPECIAL PROVISIONS below W'C STATU- OTH- E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEI 5 E.L. DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIo NS I LOCATIONS I VEHICLES I FXC L USIONS ADDED BY ENDORSEMENT I SPECAL PROVISIONS Newport Beach Triathlon: May 22, 2005 Location of event is Newport Dunes Resort and Newport Beach City Streets Certificate holder is an additional insured but only with respect to liability arising out Of the operations of the above named insured. City Of Newport Beach Risk Management 3300 Newport Blvd. Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 330 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To 7" BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L I OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Dan McKay /CAROL �' 0 • A 05.12P smd insurance 626 5776656 P.06 POLICY NUMBER: ECP000305 -00 COMMERCIAL GENERAL LIABILITY CG 20101093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMEHCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH �C llb M � -ID oy ((I no entry appears above. information required to complete this endorsement will be shown in the Declare - lions as applicable to this endorsement.) WHO IS AN INSUnED (Section 11) is amended to include as an insured the person or organicalmr. shown in the Schedule, but only with respect to liability arising put of your ongoing operations performed for that in cured. "IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED SHOWN ABOVE SHALL BE PRIMARY INSURANCE. ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS AND NON - CONTRIBUTORY BUT ONLY AS RESPECTS ANY "CLAIM" OR "SUIT" ARISING OUT OF "YOUR WORK" AND ONLY IF SUCH "CLAIM" OR "SUIT" IS DETERMINED TO BE THE SOLE RESPONSIBILITY OF THE NAMED INSURED. CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 PACIFIC SPORTS January 9, 2006 Homer L. Bludau City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 Dear Mr. Bludau: We have received your letter of December 19, 2005. Enclosed is the complete package for the 291h Annual Kring & Chung Newport Beach Triathlon, the longest running triathlon in the world. A completed permit application, traffic control plan, permit fees, deposit and all supporting documentation is included in the package. We strongly disagree with your suggestion that we have not submitted complete packages in the past. However, to remove that contention for this upcoming event, we would strongly request that we receive communication from your office of any documents or necessary items that, in your opinion, are missing within 72 hours of our hand delivered submission to your office. The course we used for 19 consecutive years from 1985 until 2003 without incident or safety issue and its related traffic control plan are in the submitted package. The success of this course is well documented and impacts the city far less than the course we used, upon the suggestion of your special events committee, for the past two years in 2004 and 2005. There is no documented evidence or history to that has ever been put forward support your claim of potential traffic problems. With the timeline presented (and historically accurate from those 19 years) in our December 1, 2005, letter, the impact is far less than the course of the past two events. Privately, members of your event committee have strongly encouraged us to return to this course which was both popular and safe. We agree with their opinion and that of participants who have broadly supported this decision. As an aside, we are aware that the Newport Jazz Festival is scheduled concurrently on our race weekend. Since we have coexisted with their event on several weekends we see it only as an advantage since the participants enjoying attending the festival after the triathlon is finished. III P °..a\\\`UWihiiu -4-K/ . °V IV...� \ \`UCiiic.�q IV• 1 1 �J 1500 S. Sunkist Street Suite E • Anaheim CA 928 714.978.1528 Fax 714.978.15 www.PaciflcSportsLLC.cc www.LATriathlon.tc We look forward to finalizing the preparations for the 29h Annual event and continuing its unparalleled position in the sport of triathlon and the _community of Newport Beach. Sincerely, O • L� Jack M. Caress President and Race Director Pacific Sports LLC Kring & Chung Newport Beach Triatlilon Cc: John Heffernan, Newport Beach City Council Tod Ridgeway, Newport Beach City Council Don Webb, Newport Beach City Council Edward Selich, Newport Beach City Council Steven Rosansky, Newport Beach City Council Leslie Daigle, Newport Beach City Council Richard Nichols, Newport Beach City Council Kyle Kring, Kring & Chung, Attorneys Kenneth Chung, Kring & Chung, Attorneys Race Finish Bbnita Cyn Dr Hwy: transition A Yea �. � �•' Jo gfr� xr xe .FF : jamboree_Ra r Race Starr Dun eso Mac Ar�tir Blvd = Sant' Joagmn; HdLs Ra= . .zYu_ 2 i _3 Y Pac�fiG. Coast:Hv+r, . . Maps o .R1 =gistratiow- Canfirrriatro KITING & CHUNG NEWPORT BEACH TRIATHLON, H U M A N R A C E Merchandise • Maps • Travel , Photos S Maps The race starts with a 112 mile swim in the Back Bay of Newport Dunes recreation area at Jamboree and Back Bay Drive (shown Parking is located here. The Newport Dunes is located at Jambc Drive.From the 405 or 73, take Jamboree towards the beach. Ri! PCH, you will turn right on Back Bay Dive. The swim is a flat wa+ temperature is usually in the high 60's. Wetsuits are optional.'Th Back Bay Drive. For the bike, you head out Back Bay Drive to Ja (away from PCH). You return coming back on Back Bay Drive ai the same way as you did on the bike. You will be taking a short 1 back onto Back Bay Drive to finish the 3 mile run. Check out the CYCLE COURSE: The transition area is on Back Bay Qrivi Bay Drive and take a left on Jamboree. Follow Jamboree ti go left Follow Eastbluff across Jamboree where Eastbluff turns it enters the City of Irvine. Continue on University to Campus Drive Campus Drive to Carlson and take a right Take Carlson Ave to N right Take Michelson Drive to the bridge, do a U -tum and come t to Carlson and take a left. Take Carlson to Campus Drive and tab Campus Drive to University Drive and take a right. Take Universii (where it again becomes Eastbluff Drive). Take Eastbluff Drive to take a right. Take Back Bay Drive to the Newport Dunes for ttie b Page I of rs each in the Newport i this picture). :e and Back Bay it before you get to r swim and the water transition area is on iboree and go left I head out on the run iil.to drop you down laps below.... You go out Back Eastbluff Drive and o University as it ind take a left Take chelson and take a ick down Michelson I a left. Take across Jamboree 3ack Bay Drive and �e finish. RUN COURSE: Run out of the transition area down Back B y Drive to Jamboree. Turn left on Jamboree and go across San Joaquin Hill left behind Park 0 u Ily to - j Back r Tu Newport into Big Canyon Gully, which is a dirt trail. Take Big Can on Bay Drive and take a left. Run down Back Bay Drive to the finish: 0 httw8www nar-ifir-smTtgile Corn/NeWr)nrtRemh/man., biTn I 'A/1 1 /7nn • n Maps Select Another Page {. re...!l ......... ......:i',..�.....t�il......... R.Tu.. m...rR o�..l. /... o..� I.rm Page 3 of � 11 1 /inn 5� T Off' NEWPORT BEACH OFFICE OF THE CITY ATTORNEY 4 /FOR July 1, 2005 VIA FACSIMILE (714) 978 -1505 Josh Studzinski Pacific Sports LLC Director of Operations 1500 Sunkist Street, Suite E Anaheim, California 92806 RE: Public Records Act Request - June 24 2005 Dear Mr. Studzinski: Our office is in receipt of your public records act request dated June 24, 2005. In general, a Public Records Act Request is required to.be focused and specific. Based on a review of your request, the City is unable to determine what "incident reports" from the May 22, 2005 event that you would like to have disclosed to you. The City, however, under California law has a duty to assist you with your request and I would be happy to discuss the request with you. In an attempt to comply, with the request, the City will produce a May 26, 2005 report prepared by David Keely of the Public Works — Traffic Engineering Department regarding the event. This report is attached hereto for your review. Our office will also prepare a summary of other issues related to the event based on our conversation with City employees. The summary letter will be sent to you within the next two weeks. Feel free to contact me if you would like to discuss this matter. Very truly yours; ,a Aaron C. Harp, Assistant City Attorney for the City of Newport Beach Encl. F \users \cal \shared \da \shared\Aaron \letter \template.doc 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach. California 92658 -591.5 Telephone: (949) 644 -3131 - Fax: (949) 644 -3139 - www.city.newport- teach.ca.us • • /! 3J .iii' .�! :i"..�_'✓' ...iiv /�: 3300 r iE`N' =ORT CEO !_ -`, ARC 5V; 1 f o0. IErNPvk r E.a(�� _h d (9,!9) e4-1-331 I °llEIMCD RAN DUM3 a'0 [Mait Dingwall Recreailcn c. Senlcr _�ervlces i 'O is David Keelv _ubiic Works — -rand Engineering T k1av 26. 2605 S UB JcCT: 2005 Kano and Chunq Newport Beach Tiiathlon Event Notes T'ne following are traffic related comments /notes regarding the 2005 Kring and Chung Newport beach TriatHon, which took place on Sunday, May 22, 2005: Ccnplete shut down of the racecourse occurred at approximately 6:30 a.m. Tile -event did not supply sufficient volunteers to cover all the vehicular access points to the bike portion of the racecourse. All volunteers will need to be in place at 6: 15 a.m. for next year's event. Volunteers for the intersection of East Coast Hiahway /Jamboree. shall be in place by 6:00 a.m. io assist officers as needed. It is recommended to have a volunteer meeting prior to the event to ensure volunteers know thelr role and what is expected of them. f.1any volunteers were positioned but where unaware of the task they needed to perform. Police Department v /as required to provide instruction for volunteers. Event ergani_er shall marVae!ineate the racecourse, especially areas with sharp turns, conflici points with other competitors and transition areas from one side of the roadway to anoiher. City staff is responsible for the setup of traffic control in order to separate vehicular and participant traffic, not racecourse set up. E.evlsions to the traffic con,irei plan are required. 1) Add ''No Right Turn' sigh at the noutheast corner of East Coast HighwayiJamboree Road for vestbound traffic. 21/ Add Right T;im Only' sign a the southeast cornei or East Coast Nlghwayl amboree Road for northteund traffic. 3) Revise taper along Santa Barbara Road to allow bikers a larger area to transition from one side of the roadway to the other. Depending on access needs to the development across from the Marriott Hotel, the taper may start at the iclonies properly. d) Police suggested eliminating to -way travel from Jamboree Roac ,c San Clemente on Santa Barbara, oniy allow westbound traffic. In addition, create second row of delineator to separate vehicular and bike traffic and provide a arger area for event participants. 5) incorporate this year's changes into plan set Maricrt Enir J, Back Say Set -up) to avoid confusion in subsequent years (piece nsaimg olans;. .tee Lcs -T,ai Jdir,C. are 'IiIG, hG :r.i c. I' ;I a. ^.� ` o.'?- • �� o`I _dire. r�� rt '.o srok ed particrpaints - 0CWave : -, \!OIL•. : :e- r >:e,rn[ s;2!7 JOnCLC a` /E 5ii .eaC. \/ ...`5:1 poswcr :e %i at Coast hAiivav to ass'si. rdlriC tc JOsft i,h.e`J 'N'eCe not e,c_c °C Unt11 3U. he Dunes only -ermlred boat and Iry o Into the mi,!n Jar' ng area. Event staff shall enforce that iGf par,1Cipanis Oi the &\refit, the Oni'v entrance avail =Gle wcuic be 1he Scvside entry to the Dunes. s .' n uriperm4tied street closure /crane permit for SGO Ne`Npori Center Driv;C Was discovered at S: =Q a.m. Crane was to be positioned on Newport Lenten Drive on the acscourse. The crew onus redirected to San Nicholas to avoid event padicir'ants. police assisted In redirectlnq Crane back io San Nicholas. Fire Department scheduled training at the viacani Marriott Building during event. Pol'ce assisted Fire to training area. Roadway opened at 9'.30 a.m. with the e>;ceptioc of 8acfc Bay C`rive. City shall assign stall to monitor event clean up and to ensures event Ooens icaavway at appropriate time. CNIS sign on East Coast t-iighWay for eastbound traffic Turned off durinc, thra Event. Victor officer indicated it was on at the start of the evert• however at 8:15 the sign was off. • Type H. barricades shall replace the Type III barricades between r -vater filled barrcades on Back Say Drive It is ie Commended that neX year, Traffic EnQrneenrig, Poke C'epartment and G, ,ieral �ariices staff meet %he week of tine event to Coordinate Scii ?p, loenth/ hc( Sf_ol s and ensure contact information is exchanged. The Intersection of Santa RosalNewport Center Drftie shall i]B 5{aiic ned with and next year. This year, the stationed Police _':<piorer had difficulty preventing drivers from ceding on the racecourse. Avocado Shopping Center claimed that traffic was diverted through the shopping Renter. Traffic at 'this location shOUld have been iJ- turm, ed. informed responsible officer for next year. iUe to =vent staff submittino late and Inadeq Uate revised Trail to control to the CaG< bay '_'rives and IMarrlott Entry areas, Traffic _ngln EE ring stair pr ECarec revised !raffle control oians for distribution io General Services and Police Department. Tragic Engineering staff assisted Pclice Department on race day. If ycu have any question. please feei free ro contact me at x3349. F wens ?_rmits\OC rOwathen4nc\- 3 -0$inem.30c 0 F NEVVPORT BEACH OFF1CM OF THE CITY ATTORNEY July 6: 2.005 VIA FACSIMILE (714") 978 -1505 Josh Studzinski Pacific Sports LLC Director of Operations 1500 Sunkist Street, Suite E Anaheim, California 92806 RE: Public Records Act Request - June 24 2005 Dear Mr. Studzinski: Thank you for taking the time to discuss your Public Records Act Request dated June 24, 2005. As agreed, the following is a summary of the Newport Beach Police Department's comments regarding the Newport Beach Triathlon held on May 22, 2005. Feel free to contact me after you have reviewed this correspondence if you would like to discuss this matter. Comments from Newport Beach Police Department At 0500 hours Officer Henry drove the course and noticed that one of the signboards (Promontory and SR -1) was not working. He notified Jack Caress and Caress' employee told him it was on a timer. Later in the day, the same signboard was observed to not be working at all by Officer Haas. The Police Department personnel briefing went well and everyone was on time. While police personnel were deploying, most of the race volunteers that were supposed to be at the intersections and corners were not there. Race volunteers eventually showed up. Some were helpful and others were riot. There were supposed to be five (5) race volunteers at SR- I /Jamboree. but they left for McDonald's. When they returned, they left again and were not seen again. One volunteer at the Marriott Hotel (Newport Center /Santa Barbara) ended up being mentally beat down. Officer Henry found her crying (literally). She said she could not handle people yelling at her and she was almost hit by a bus. Officer Henry suggested that a meeting with the volunteers should be held before the race to brief them on what to do and how to do it. The bicycle racecourse itself was unbelievably confusing. It was hard to tell what side of the road the participants were supposed to be on, where they were to turn, etc ... Officer Henry suggested the race course be split into two directions on the downhill slope of Santa Barbara Dr. and at the turn onto Jamboree Rd. The bicyclists travel way too fast 3300 Ne•v�ort Boulevard Post Office Box_ 1768 Newport Beach, r_aliforua 92658 -8915 :efe, one: (949) 644 -3131 Fax: (949) 644 -3139 ww,,v.city.newnort- beach.ca.us Josh Studzinski July 6, 2005 Page 2 on the downhill portion and keep their head and eyes down. Officer Henry suggested the race promoter tie orange ribbon around the cones to designate the turns in the racecourse, and which side of the road the bicyclists should stay on, so as to not confuse the workers and participants. The set -up and breakdown by the City was great. The City workers were on time, and the course was set up as directed by the traffic engineering report. There was no delay at the end of the race and City visitors and residents were not inconvenienced more than they had to be. The police explorers were outstanding as usual. In fact, if an intersection was being handled easily, we readjusted the explorers to the more busy intersections. This race continues to present problems causing the course to change. This in turn causes other difficulties in predicting how the race will run and where trouble spots may occur. Based on the Police Department's observations, there may not be a course in our community that is suitable for this event. Very truly yours, Aaron C. Harp, Assistant City Attorney for the City of Newport Beach cc: Marie Knight, Recreation and Senior Services Director Matt Dingwall, Recreation Coordinator Jeff tu, Newport Beach Police Department F:\u s ers \cat \s ha red \d ash ared \P RA2005t5 udzi nski P RA2.doc C] 0 In • CITY OF NEWPORT BEACH Recreation and Senior Services Department 3300 NEWPORT BOULEVARD P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (949) 644 -3151 MEMORANDUM TO: Special Events Committee Members Cc: Homer Bludau /City Manager, Marie Knight/Recreation Director, Andrea McGuire /Recreation Superintendent FROM: Matt Dingwall Recreation Coordinator DATE: June 20, 2005 SUBJECT: Summary for 2005 Newport Beach Triathlon After - Action Reports The 2005 Newport Beach Triathlon took place on Sunday, May 22, 2005. The following is a summary of the reports compiled by City staff members who assisted with this event. • Application: The Special Event Permit application for this event was submitted incomplete on January 21, 2005. The specific items the application was missing were as follows: Permit Deposit, Insurance Certificate and Endorsement Page, complete detailed race route and traffic control plan prepared and stamped by a Registered Traffic Engineer, Parking Plan, Vendor List, and the Plan for notification to the community. The event organizers have a long history of submitting incomplete Special Event applications and it is always challenging to get them to submit the required information in a timely fashion. The event organizer debates and challenges many of the safety requirements that the City of Newport Beach requires of this and all other similar events. The event organizers don't seem interested in ensuring that the event is safe and has minimal impact on the community. As a result, City staff is forced to spend numerous hours reminding the event organizers of the requirements, holding additional meetings (outside the normal 1 meeting typically held for similar events). Additionally, City staff must spend extra time confirming that all requirements have been met as this group has a long history of shortcutting many important requirements. • Dec 2, 2004 Met with Pacific Sports and Newport Dunes regarding race route • Dec 2'2004 Special event Permit application submitted incomplete, email notice of missing requirements and meeting summary sent • Dec 28'2004 email reminder sent regarding late fee's for incomplete application (if submitted less than 120 days prior to event date) • Jan 21, 2005 Special Event Permit submitted incomplete • March 31, 2005 email sent to Josh to schedule pre -event meeting and remind him that the event Insurance and Vendor List are still needed. • May 2, 2005 email sent to Josh to remind him that the notification verification list • for the event was due today. • May 4, 2005 Reminder email sent to Josh regarding gaining permission and making arrangements to place notification signs at the entrance to Villa Point and Sea Island communities. • May 4, 2005 1 called Villa Point and spoke with Scott Smith to obtain the permission for Josh to put out the notification signs for his event. Race Route: The race route was very confusing and disorganized. It was very difficult to determine what side of the road the participants should be on or where they should turn. The event organizer should have used orange ribbon around cones to designate turns on the course and help establish which side of the road the participants should stay on. Many of the required race route volunteer's were late and seemed to have no idea what they were to do or what instructions they should give the public. Some left their post to take breaks and then never returned. The Police Department reported that some volunteers were helpful, however for the most part; the volunteers that were assigned and supposedly trained to work this event were not prepared and seemed to have no information or knowledge of how to handle this event. One of the CMS (changeable message signs) was not working during this event. These signs are used to warn drivers of road closures. Event organizers closed Back Bay Drive down early without permission so that they could set -up the event course. The PD received a complaint call from the Dept. of Fish and Game as they were holding an event and did not expect the closure until 6pm that day as indicated on the Special Event permit. According to the event organizers, the Newport Dunes was to accommodate event parking in their Main parking area, however at 6:15am, Dunes parking staff closed this parking to event participants. As a result, the Police Department had to reassign officers to assist with directing participants to parking off Bayside. This was supposed to be handled by the event volunteers. The race route currently utilized requires the complete closure of Jamboree from the Hyatt Newporter to Santa Barbara for approximately 3 hours. No other event closes a major road for this extended period of time. The General Services Department recommends that more City staff are hired if this event takes place next year to ensure that traffic control equipment is set -up by 6am. • Police Department issues: Closure of Back Bay Drive before permitted time, race course was confusing, disorganized, and unsafe, volunteers were late and not properly trained, parking arrangements were changed unexpectedly, concern about extended period of time that Jamboree Road was closed. Public Works issues: Insufficient amount of volunteers were provided and they were not properly trained or prepared, no volunteer meeting was held prior to the event, race course was not properly marked /delineated by the event organizer, further revisions to traffic control plan would be required, parking issues with Dunes, CMS sign on East Coast Hwy was turned off during the event, traffic control for Back Bay Drive and Marriot entry areas was submitted late and was inadequate, numerous staff hours spent revising and working on the Traffic Control Plan and race route for the event (outside normal service provided for other similar events) General Services Issues: More staff would be required to handle the event and ensure the safety of the participants and community. Summary: The organizers of this event (Pacific Sports) do not do a good job of • planning and preparing for this event. Each year they submit incomplete information and documents and City staff must spend valuable time reminding them of the items they . need to submit and the requirements that must be met. The event organizers submit required information /documents only after being asked many times to do so and not by the established deadlines. They seem to have little concern what impact they have on the community and do not make safety concerns a priority. As a result, City staff from various departments must step in and basically plan this event for Pacific Sports to ensure that it occurs safely with as little impact on the community as possible. The event organizers waste City staff time by exchanging hundreds of emails challenging the safety and notification requirements that we ask them to comply with. Our Public Works Department (Dave Keely) has spent endless hours working on traffic plans and adjusting the race route to ensure the safety of the community. It should be noted that this service is not provided for other event organizers, however, because of the disorganization of this group, City staff end stuck with these duties. Without the intervention of the City staff this a vent would not meet required deadlines and would have an even larger negative impact on the community. The Recreation Department accepts and processes over 300 Special Event Permits annually, out of all those events, this a vent r equires the m ost s taff time to process and always proves to be the most challenging and frustrating to all City staff involved. FIUSEMCsv \Shared \Matt Dingwall \PCTriathlon2DD5report.doc 3 B. Refund. The City services deposit shall be refunded after the special event when in the opinion of the Director the area used for the permitted special event has been fully cleaned and restored to the same condition as existed prior to the special event. If the actual cost for cleanup is less than the estimated cost, the Applicant will be refunded the difference. C. If City property is damaged or destroyed by reason of the Operator's use, special event or activ- ity, the Applicant or Operator shall reimburse City for the actual cost of replacement or repair of the damaged or destroyed property. All such costs shall be included into the invoice referenced above, unless all accurate cost for replacement or repair of one or more items of City property cannot then be ascer- tained, in which case, City may bill the Applicant or Operator when such information becomes available. D. Appeals. If the Applicant or Operator dis- putes the cleanup charge, he or she may appeal to the Director within five days after receipt of the cleanup bill. The decision of the Director shall be final. (Ord. 2004 -4 § I (part), 2004) 11.03.080 Indemnification Agreement. Prior to the issuance of a special event permit the Applicant must sign an Indemnification Agreement to reimburse City for any costs incurred to repair damage to City property occurring in connection with the permitted special event and proximately caused by the acts or omissions of the Operator, its officers, employees, or agents, or any person who was under the Applicant's or Operator's control insofar as per- mitted by law. The Indemnification Agreement shall also provide that the Applicant shall defend the City against, and indemnify and hold the City harmless from, any liability resulting from any damage or in- jury occurring in connection with the special event proximately caused by the acts or omissions of the Applicant, its officers, employees or agents, or any person who was under the Applicant's control insofar as permitted by law. For purposes of this section, a person who merely is an attendee of the special event is not considered, by reason of attendance or participation alone, to be 7- 1 1.03.070 "under the control" of the Applicant. (Ord. 20044 § I (part), 2004) 11.03.090 Revocation of Permit. A. The City Manager may revoke any special event permit issued pursuant to this chapter after written notice to the Permit Holder for any of the fol- lowing causes: I. Failure to Comply. The Permit Holder fails, neglects or refuses to fulfill any of the provisions of the permit or its conditions of approval; 2. Misrepresentation. The Permit Holder has made a material misrepresentation in the application or any other document required pursuant to this chap- ter,' 3. Violation of Law. The Permit Holder has violated state, federal or local laws or regulations in his or her conduct of the special event; B. Revocation shall become effective at the date and time ordered by the City Manager. (Ord. 2004 -4 § I (part), 2004) 11.03.100 Appeals from Action of the City Manager. If an Applicant is aggrieved by any decision of the City Manager under this chapter, the Applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council set- ting forth the facts and circumstances regarding the City Manager's decision and the basis for the appeal. The appeal shall be accompanied by a fee as estab- lished by resolution of the City Council. The City Clerk shall provide written notification of the time and place set for hearing the appeal. The City Coun- cil at its next regular meeting held not less than ten days from the date on which the appeal was filed with the City Clerk, shall hear the appeal and all relevant evidence, and shall determine the inerits of the appeal. The City Council may sustain, overrule or modify the action of the City Manager, and decision of the City Council shall be final. The right to appeal to the City Council from the revocation of any permit required by this chapter shall terminate upon the expiration of ten days fol- lowing personal delivery to the Applicant or the de- 351 (Newpo,( Beach S�ryp. No. 10.2 -051 11.03.100 posit of a letter in the United States mail advising the Applicant of the.action of the City Manager and of the right to appeal such action to the City Council. (Ord. 2004 -4 § 1 (part), 2004) 11.03.110 Permits and Fees Not Exclusive. Charges, fees and permits required by this chapter shall be in addition to any license, permit or fee re- quired under any other chapter ofthis Code, and may not be waived unless with the expressed written per- mission of the City Manager when deemed that given the nature of the event, it would be appropriate for the City to be a co- sponsor of the event, thereby, waiving a portion or all related fees. (Ord. 2004 -4 § I (part), 2004) (Newpml Benh S,p No, 10, 2 -05) Chapter 11.04 PARK FACILITIES —RULES AND REGULATIONS Sections: 11.04.010 Intent and Purpose. 11.04.020 Definitions. 11.04.030 General Administration. 11.04.040 Park Hours. 11.04.050 Closed Park Areas. 11.04.060 Permit Requirement. 11.04.070 Athletic Leagues — Permit Required. 11.04.080 Prohibited Conduct. 11.04.090 Violation of Rules and Policies of Department. 11.04.100 Ejection. 11.04.110 Prohibition Against Obstructing Performance of City Employee. 11.04.120 Exemption. 352 11.04.010 Intent and Purpose. It is the policy of the City of Newport Beach to allow maximum public use of the City's public park facilities subject to rules and regulations necessary for administration and maintenance of parks and fa- cilities. All persons using the City's public park fa- cilities shall comply with the provisions of this chap- ter. The Director of Recreation and Senior Services shall be the City official primarily responsible for administering the use ofthe City's public park facili- ties and shall be authorized to establish and enforce all applicable codes, policies rules and regulations regarding the use and administration of public park facilities within the City of Newport Beach. (Ord- 2004-26 § 3 (part), 2004) 11.04.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section. "Director" means the Director of the Recreation and Senior Services Department. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC March 16, 2006 Pacific Sports 1500 S. Sunkist Street, Suite E Anaheim, CA 92806 To Whom It May Concern: Notice is hereby given that the City Clerk's office received your appeal relative to the denial of the 29th Annual Kring & Chung Newport Beach Triathlon on May 21, 2006. Enclosed is a copy of your letter with the City Clerk's office date stamp and the original receipt for the $255 appeal fee. In accordance with NBMC 11.03.100, the appeal has been scheduled before the City Council at its regularly scheduled City Council meeting of Tuesday, March 28, 2006, at 7:00 p.m. If you have any questions, please contact the City Clerk's office. Sincerely, Leilani 1. Brown Deputy City Clerk cc: City Manager City Attorney Recreation & Senior Services Director 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www. city. newport-beach. ca. us CITY OF NEWPORT BEACH O � F ADMINISTRATIVE SERVICES U Z' 3300 NEWPORT BLVD.. CpC�p0.�P P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 RECEIVED BY: PERRY2 TODAY'S DATE: 03116106 43105155 SPECIAL EVENT - PERMIT F CASH PAID CHECK PAID $.00 $255.00 CASH RECEIPT RECEIPT NUMBER: 02000110185 PAYOR: PACIFIC SPORTS REGISTER DATE: 03116106 TIME: 13:37:17 $255.00 --------------- - TOTAL DUE: $255.00 CHECK NO TENDERED CHANGE 3001 $255.00 $.00 March 14, 2006 Marie Knight 1 City of Newport Beach 3300 Newport Boulevard Post Office Box 1769.' Newport Beach, California 92658 -8915 Marie: 6 2006 PACIFIC We are in receipt of your letter of denial for the 29° Annual Kring & Chung Newport Beach Triathlon on May 21, 2006. We disagree with the decision and enclose the $255 fee for appeal to the City Council. We look forward to presenting our view to the City Council in a public hearing. The tremendous support for the event from over 1000 individuals from all parts of the world made us realize again how important this event is to the history of the sport of triathlon and to the legacy of those who participate. The hundreds of emails from Newport residents, many who live in and around the course, also encouraged us to continue to explore every avenue possible for the continuation of this tradition that is so much a part of the legacy and fabric of Newport Beach. The City Council is faced with a decision on whether to believe less than a handful of individuals who have dedicated themselves for the past two years to destroying this event or to the large majority who clearly want the race to continue. Most people in the city of Newport Beach celebrate this event and welcome it. Every issue that has been brought to our attention could have been solved by collectively working in concert with our staff, volunteers and city departments. In fact, we have enjoyed an excellent working relationship with those departments who have worked on the event each year. We have meetings with municipalities and permitting agencies on every event we produce. We discuss the planning and do a thorough critiquing of each event. This is true of every event in every city, except Newport Beach. It is obvious to the unbiased observer that this is a personal decision by individual members of the staff that never attends this event and look at only aspects of this event that might potentially be damaging. Rather than look at the positive benefits of the Newport Beach Triathlon such as the money raised for charity (over $200,000 in our history), the lifestyle benefits to residents, the economic impact to the city, and the image enhancement the event to the city, only the negative issues are conveyed and many of those fabricated. To hold closed door meetings about this event without our attendance is evidence of the personal nature of this attack upon our firm and the Newport Beach Triathlon. A member of your staff has contacted other municipalities in an attempt to influence our permits for other events. This is entirely unethical and unprofessional. The city manager has made it clear in the Daily Pilot, in emails and in letters to us that this is a personal decision on his part to have us "seek alternative venues ". We have been made aware of internal meetings held to strategize on how to eliminate this triathlon and how 1 11 @l ``CITY 01 1500 S. Sunkist Street • Suite E • Anaheim • CA • 92806 XVJ &A, L O `7 ANGELES' 714.978.1528 Fax 714.978.1505 TRIATHLON www.PacificSportsLLC.com certain staff members were told to not become involved when they voiced positive viewpoints on the event. We do not produce perfect events. However, our expertise and success is well documented, we have no need to defend our resume. Twenty -eight consecutive years in Newport Beach with the longest triathlon in history is evidence enough. Had the staff spent one -tenth the time in trying to make this event better than it has done in trying to destroy it, the community and its residents would be the better for it. We collectively have decided that it serves little purpose to respond in a detailed manner to the erroneous statements made about the event in your letter. However, let us make some comments, as follows: 1. We provided more than adequate volunteers for the 2005 event as we have each year. The comments made in your letter are spurious and I would ask you to reference the emailed response from Carrie Parsons, Head Coach, UC Irvine Rowing Team. They supply the bulk of our volunteers and are the recipient of proceeds from the race as they have been each year and would be for 2006. 2. We do not owe $725 to the City of Newport Beach. A traffic engineer's services should not be billed to us. We submitted a completed traffic control plan that did not require additional work by the city. This is why you have us pay for it and produce it separately. If there were necessary changes, then it should have been addressed to us prior to incurring any charges. As we have indicated previously, there is a systematic problem with the process Newport employs but that is beyond the scope of this letter. Further, as you are aware and been communicated by your own city staff, his presence on race day was not a condition of our permit. His appearance on the day of the event is not of our concern and served no benefit to the production of the event. 3. We cleaned the race route following the event. Again, please reference the email from Carrie Parsons' letter. If in fact this statement had been true we are certain it would have been communicated earlier than 10 months after the event. This is first time that any mention of it was brought to the attention of anyone involved with the event. There is no evidence or merit to those comments. 4. We did not close the race route early. I personally was at the area as were at least 4 other witnesses when an individual from Fish & Game visited our transition area around 6pm on May 21 't. In fact, we left the street open later in the evening to accommodate traffic even after we had the right to close Back Bay Drive. 5. We strongly disagree with your assessment on our submission of permit applications. We have gone through this topic in previous communications. 6. This date is not a potential problem with the events you mention. We have co- existed with the Newport Jazz Festival for many years without incident. In fact, we enhance their event as many of our participants and spectators attend it after ours. Those attending the Artwalk would not be "stymied" (as it was put) especially with the signage we put on Jamboree directing the traffic. We note the recommendation to have signage on Jamboree at least a week in advance (please also note it was in place in 2005 as evidence by the letter from American Barricade). Ironic, since we were specifically denied from doing so last year by the same city staff to which we so requested. Finally, our event has been on the city calendar for nearly 2 years as we had been requested and agreed to be a part of the Centennial Celebration upon the inception of their program. We have produced the event on the same weekend for at least a decade and we received a letter probing into our advertising of the event last fall. We doubt the other events would have been not allowed a permit because of our event. If we properly promote them, all events will benefit. We look forward to a positive resolution and continuance of this 29 year tradition. Let us know if anything further is needed and the date for the public hearing. Sincerely, Jack M. Caress Pacific Sports LLC Race Director, Kring & Chung Newport Beach Triathlon Cc: City Council of Newport Beach Kyle Kring, Kring & Chung, Attorneys Ken Chung, Kring & Chung, Attorneys Kelly Strodl, Daily Pilot Hi Jack, That document was amazing! I know for a fact that no member of the rowing team would leave their post to go to McDonalds to get breakfast. That is crazy. Everyone that was out on the course had to report back to me after their station was done and all did so. As for the volunteer on Santa Barbara I remember talking to you about this last year and I checked with all members of my team and no one reported any such thing as is described in the document. Also Josh did have a volunteer meeting with me and I had a lengthy meeting with the rowers as to what they had to do and why. So everyone was informed of their responsibilities. As for the trash on Back Bay road I know that after my team went over it and picked up several bags, I personally walked the area picking up every little sticker and bottle cap. We share Shellmaker island with fish and game and I am fully aware of the responsibility to the habitat in Back Bay. All of our team members participated with Fish and Game in a clean up weekend earlier in the year and were able to experience first hand - by picking it up themselves - all of the trash that gets swept into the bay. The huge pile that was accumulated left a lasting impression on them and even this year they are much more aware of trash etc that can get swept into the bay. 1 felt like my team did a good job cleaning up. I am sorry that the City of Newport is taking such an issue with this event. I feel like there is lots of staff provided and after debreifing with my athletes they felt like the event was a success. Many of them participate in triathlons in the off season and so are fully aware of the needs of the competitors. I am not sure what else to say. But some of what was said in the document has to be flat out fabrication. If you need anything more from me please let me know. Carrie September 5, 2005 Pacific Sports, LLC. 1500 S. Sunkist St. Anaheim, CA 92806 Attn:Josh Studzinnski N0.921 P.1 /1 Re.: Call -out on Event Day Dear Josh, This letter is to explain the part of American Barricade on 5/22/05. A message was left on our 24 -hour message service stating that one of the CMS units a1 Newport Beach had not turned on via the pre- programmed function. The person on -call, Steve Velasco, immediately departed for the location to manually turn on the unit. Once on location he confumed there was a programming error and reprogrammed the trait to shut off at the requested time. If you have any further question regarding this issue please do not hesitate to contact me at 714.634.2663. Sincerely, J Velasco Jr. ilming/Special Manager American Barricade, Inc, 2141 SOUTH DUPONT DRIVE, ANAHEIM. CA 92806-6102.714/634-2683, FAX: 7141534-2666 2112 FLOYD STREET, BURBANK, CA 91604-818/955-55009 LIC# 785897 March 23, 2006 Don Webb Mayor City of Newport Beach 3300 Newport Blvd Newport Beach,CA 92663 Dear Don Webb: "REC D AFTER AGENDA PRINTED:" EIV . 3- al - O(o RECEIVED '06 W 27 A 9 :21 OFFICE OF THE CITY CLERK CITY OF NEWPORT BEACH I understand that many of you who are involved in the decision making process regarding the continuation of the Newport Beach Triathlon have not yet personally seen the event. I urge you, before you make your final decision, please play the enclosed PowerPoint photo ensemble of the 2005 race entitled, "28 Years of Passion ". This collection of photos by local photographer Guy Adams is the participant's view of the event. It is the next best thing to being there. e rids, Ro ert Mortensen Resident of Newport Beach Instructions: There are two files on the enclosed CD, one is a PowerPoint Show file which should run without the PowerPoint program, To run the Show file with a PC, just load the CD, open the CD via My Computer and select the file with the small up arrow icon. Once you have selected the file the screen may go blank for a minute before it automatically runs. The Show file is large so it can take a minute to load if your computer is older. Alternatively, I have included the full PowerPoint file, which if you have PowerPoint version 1995 and up you can load the file faster and then run the file in Slideshow mode. There are no viruses on this CD. If you have any questions about running the file, please call me at 949 -515 -7560. 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Kring &Chung Triathlon Appeal Staff Report What we will cover • Triathlon 101 • Background Information Chung Triathlon • The Permitting Process • Other Athletic Events in about the Kring and Newport Beach • Specific Course Issues • Appellant's assertions and staff rebuttals • Summary of Staff's Concerns • Recommended Action What is triathlon? • It's a very popular 3 -sport event staged in this order — Swim, Bike, Run • There are four major distances of triathlon events: • Sprint Distance • Olympic /International Distance • Half - Ironman or "Ironman 70.3" • Ironman Distance • The USA Triathlon association (USAT) sanctions many triathlon events, including 2 of the 4 events in Orange County. A USAT- sanctioned event means: • The event has been carefully reviewed by the experienced staff at USA Triathlon; • The course is well - planned and free of preventable dangers; • Proper insurance coverage is in place. What is triathlon? (cont"d) . Here are the four triathlons held in Orange County each year: • Kring and Chung Tri (May) — not sanctioned • Orange County International Tri (June — 15t year this year) — sanctioned • Pacific Coast Tri (Sept) — sanctioned • Huntington Beach Tri (Sept) — not sanctioned Background • Kring and Chung Triathlon, organized by Pacific Sports LLC, has taken place in NB for 28 years — one of the nation's oldest triathlons (Mission Bay in San Diego was the first known triathlon — September 25, 1974) • Throughout the years the course had to be adjusted as the community grew and changed . Basic event includes: 1/2 mile Swim Course; 12 mile Bike Course; and 3.1 mile (SK) Run Course (a 'Sprint Distance" tri). Background (cont'd) • After the 2003 event, we determined that there were too many negative impacts to the community (road closures, traffic delays) and the course would have to change; • We agreed to allow Pacific Sports to propose a new course for 2004 in order to keep the event. Background (cont'd) • The new course was tried for two years. After the 2005 event, staff determined that again, there were too many negative impacts on the community to allow the event to continue. . Pacific Sports was notified of this decision in June of 2005 (11 months prior to May 2006). 1st 2006 K &C Permit Application . Pacific Sports submitted the initial permit application for the May 2006 event on January 11, 2006. . Application proposed returning to the 2003 route (the route deemed unacceptable). . We denied the application because: (1) It was incomplete and (2) Upon notification of application deficiencies, the event organizer refused to submit necessary documents to fulfill application requirements 2 "a 2006 K &C Application The second application was received proposing the route used the past two years and was denied for the following reasons: 1 — The major road closures necessary for the event are too significant — In 2005 course was locked down by 5:45 a.m. and Jamboree not opened until 9:30, complete opening by 10; 2 — Negative impact to the residents, businesses and visitors. 3 — Two other Level 3 events were approved for the same day and would be negatively impacted by this event: -- Hyatt Jazz Festival -- Balboa Art Walk 4 — Pacific Sports' failure to follow permit conditions in the past Courses and Concerns special Event Permit policy directs us: "To provide regulations allowing for special e vents while mitigating impacts on residents, visitors and businesses, maintaining traffic circulation, and ensuring public safety. " PRE -2004 KRING AND CHUNG NEWPORT BEACH TRIATHLON BICYCLE RACE ROUTE & RELATED TRAFFIC ISSUES jk- LIMITED CHURCH ,ACCESS O 0 LIMITED o HOTEL �¢� sTARU ACCE SS mcR' FIN ISM COAST H!C}yWAY REVISION REQUIRED TO PROVIDE ACCESS SENIOR HOUSING AND DUNES FULL CLOSURE OF JAMBOREE I o REVISION REQUIRED TO SHOW HALF SECTION CLOSURE OF JAMBOREE RD FROM BACK BAY DR TO FORD RD /JJ DR SR -73 RAMP CLOSURE REQUIRED r �i S._E_GENS? BICYCLE ROUTE © NO RESIOENTIPl ACCESS LIMITED RESIpENTIAL ACGE55 2004 & 2005 KRING AND CHUNG NEWPORT BEACH TRIATHLON BICYCLE RACE ROUTE & RELATED TRAFFIC ISSUES LIMITED HOTEL ACCESS 2006 LEXUS JAZZ FESTIVAL, (APPROVED) SENIOR \ HOUSING ACCESS ` STARTI FINISH VOLUNTEERS NOT IN POSITION INSUFFICIENT\ COURSE DELINEATION & VOLUNTEERS m ➢C) F R 7� COMPLETE 9Pe� ROADWAY qRq 40 CLOSURE LIMITED S HOTEL ACCESS COASTHICyw INOPERABLE CMS SIGN BALBOA ARTWALK (APPROVED) POLICE DEPARTMENT REQUEST CHANGE IN TRAFFIC PLAN (ELIMINATE EB VEHICULAR TRAFFIC) �9 y VOLUNTEER UNAWARE OF yti, ASSIGNMENT Opt CENTER DR �Q �3 LOOPS LIMITED RETAIL ACCESS VOLUNTEERS NOT IN POSITION 0 0 6P� JQ' P � OP IT I'L VOLUNTEERS UNAWARE OF ASSIGNMENT COMPLETE ROADWAY CLOSURE SAN MIGUE DR ROADWAY CLOSURE LE END BICYCLE ROUTE LIMITED RESIDENTIAL ACCESS Other Athletic Events in Newaort Beach Spirit Run - 1000 participants Road Closures — Newport Center, San Nicolas, Santa Maria, San Clemente, Santa Cruz, one lane of San Joaquin Hills Road between San Simeon and San Nicholas . Major Road Closure - None Harbor Heritage Run - 2,000 participants • Road Closures — Mariners Park area and Harbor High, Dover Drive • Major Road Closure — None Race for the Cure — 30,000 participants • Road Closures- Avocado, San Miguel (from Avocado to Newport Center), Newport Center, Santa Rosa, San Joaquin Hills (one side only) . • Major Road Closure - None Other Athletic Events in Newaort Beach CDM 5k — 3,000 participants • Road Closures — Ocean Blvd., Poppy, Carnation, Fernleaf, Goldenrod, and portions of side streets in Corona del Mar. Beach parking lot is limited access during the race. • Major Road Closure - None Walk America (March of Dimes) — 6,000 participants Road Closures — Newport Center, San Nicolas, Santa Maria, San Clemente, Santa Cruz, one lane of San Joaquin Hills Road between San Simeon and San Nicholas Major Road Closure - None OC Marathon — 15,000 participants Road Closures — Fashion Island, San Miguel Drive to Bonita Canyon Drive., (Macarthur is closed for about 1/2 hour as runners cross from Fashion Island) Major Road Closure - Macarthur for 1/2 hour as runners cross Other Athletic Events in Newaort Beach Pacific Coast Triathlon — 2,000 participants • Road Closures — coastward side of PCH closed from Pelican Point to Laguna Beach, Reef Point Parking lot at CCSP. • Major Road Closure - None Details on the K &C Appeal This Appeal •Staff finds the appeal does not provide any evidence or information that is sufficient to overcome the stated reasons for denial of the application. *We further believe that there are numerous statements made in the letter of appeal that are fictional in nature and have nothing to do with the application denial. Appellant says: • Statement: "The City Council is faced with a decision on whether to believe less than a handful of individuals who have dedicated themselves for the past two years to destroying this event or to the large majority who clearly want the race to continue." • Response: We have not tried to destroy this event. We have tried to work with it. We respect that it is a treasured event due to its history — it has outgrown the venue and the community itself has changed since the event's inception. Appellant says: • Statement: "'We have meetings with municipalities and permitting agencies on every event we produce ... this is true of every event in every city, except Newport Beach... had the staff spent one -tenth the time trying to make this event better than it has done in trying to destroy it, the community and its resident would be better off for it." • Response: 2004 • Race for the Cure = 1 meeting; • Toshiba Sr. Classic = 1 meeting; • This Event = 9 meetings The Facts: 2005 Event # of participants Total staff hours Triathlon 800 92 Race for the Cure 301000 28 Taste of Newport 75,000 38 Cost for this event In 2005 the permit fee for a level 3 event was $1,900 In 2005 the cost of staff time spent in meetings and review of the permit application was $7,812 Appellant says: • Statement: "'This is a personal decision by individual members of staff that never attends this event..." • Response: Each year numerous members of General Services, Police, Lifeguard Services and Traffic Engineering have been on duty working this event. Many of these individuals are the same who have determined that this event is no longer feasible in this community. Appellant says: • Statement: "..and they (sic) look at only aspects of this event that might potentially be damaging. Rather than look at the positive benefits of the NB Triathlon such as the money it raises for charity." • Response: The Special Event Permit (SEP) process is governed by the Municipal Code Chapter 11.03. which has the stated purpose and intent as: "To provide regulations allowing for special events while mitigating impacts on residents, visitors and businesses, maintaining traffic circulation, and ensuring public safety. " Raising $ for Charity is not a provision of the code by which a Special Event Permit Application should be judged. Appellant says: • Statement: "We provided more than adequate volunteers for the 2005 event" • Response: This permit was clearly conditioned with requirements for volunteers in specific numbers at specific critical locations. There is ample correspondence with event organizers to document their agreement to this, even a schedule submitted by them to staff. Yet... About Volunteers (cont-d) *While police personnel were deploying most of the race volunteers assigned to critical intersections were not there. *Others, once they arrived, left again and did not return *One volunteer was found by an officer in tears from being mentally beaten down by angry motorists About Volunteers (cont-d) *Police Department had to handle the parking lot at the Dunes as volunteers did not arrive on time to take care of this. *General Services staff had to assist in directing participants on the bike course as there were no volunteers assigned to a critical area that had become problematic. Appellant says: • Statement: "We do not owe $725 to the City of Newport Beach. A traffic engineer's services should not be billed to us. We submitted a complete traffic control plan that did not require additional work by the city." • Response: Event organizers are responsible for paying all direct costs related to the event and which are not covered by the application fee. On Thursday, April 21, 2005 at 1:30 p.m. while driving the course together, an event organizer was notified by our Traffic Engineer that due to construction at the Marriott and a change to the Back Bay Drive entrance requested by the event organizers that were not reflected in the Traffic Plan, the event organizers would have to submit revisions to the traffic plan. 1Q SEE DETAIL B SHEET r r. r � LO1RRlOT HOTEL TRWV W44 AT JOO' Or 7YP -� j C19 -� 020 — CL05E DBWEWAY --" DRIVEWAY M, 25' OC @ af:�ZP, - MEWAY f!' {r; •a r r ..ro Professionally Prepared TCP Gd 11 cJD C5 SMAWITY C20 LETT TURN LWE l }T TM 7W.r CO RWMMFAR M'' 70 SO MIGM i 17 25' OC am DRREWAY f • n/ TCP Changes Submitted by KCT a a • �4r�4 �R 4cra TCP Changes Submitted by KCT llll�l Welv.�/ Traffic Plan (cont'd) Response (cont'd): May 16th, and after several attempts by staff to obtain the proper information and all that had been received from event organizers were hand drawn changes that were unclear and inadequate, we had no choice but to make the necessary changes given that the event was 5 days away. • During the event, the Traffic Engineer was asked by Police personnel to assist in traffic direction and modify /change traffic control throughout the race course as well as verify conditions were met. • This bill is currently in collections. Failure to pay fees associated with past permits is a cause for denial of future permits Appellant says: Statement: "We cleaned the race route following the event." Response: California Department of Fish and Game (operator of the Ecological Reserve) states: •Various complaints were received about trash and trash receptacles being abandoned after the event was over; and •Participants were seen leaving the road surface and trespassing into sensitive habitat. Appellant says: Statement: " "We did not close the race route early" Response: DF &G states: • Last year the triathlon closed down Back Bay Drive prior to their approved 6:00 p.m. permitted time and wouldn't allow DFG staff or approximately 120 children attend a regularly hosted event at the Back Bay Science Center called Shark Camp; • Staff was told that when approached, event organizers were "confrontational" and refused to open the road. The DFG staff then contact the Police Department for assistance. • Police documentation indicates a call to the Watch Commander who contacted Sgt Lu who then contacted event organizers. It was only after the intervention of the Police Department that the event organizers agreed to abide by their permit conditions. Appellant says: • Statement: "We strongly disagree with your assessment (that they were incomplete) of our permit applications." . Response: We require fully - completed applications to be submitted before they will be reviewed. We require all "Level 3" applications to be submitted 90 days in advance of the event. Pacific Sports' 2004 application: Application submitted Dec. 12, 2003 without: • Detailed Plot Plan and Race Route • Traffic Control Plan • Vendor List • Insurance Certificate and Endorsement Page • Notification to the Community Plan Traffic Control Plan extension given to March 22nd, Triathlon asked for another extension until March 31St City did not receive Traffic Control plans until April 5, and all final documents until May 12th for a May 23rd event Pacific Sports' 2005 application: Application submitted Dec. 1, 2004 without: *Complete Traffic Control Plan •$1900 Permit Fee's $1000 Deposit •Insurance Certificate and Endorsement Page *Vendor List *Notification to the community Plan *Cal -Trans Permit Final documents not submitted until May 17th for a May 22nd event Pacific Sports' 2006 application: Application submitted January 11, 2006 without: • Traffic Control Plan signed by a California Registered Traffic Engineer; *Plan submitted was incomplete and did not address key factors such as new Senior Housing on Back Bay Drive and SR -73 fwy issues • Detailed plot plan of entire course • Insurance Certificate and Endorsement Page • Vendor List • Notification to the community Plan Appellant says: • Statement: "We have co- existed with the Newport Jazz Festival for many years without incident." *Response: For the past two years while the course closing jamboree has been used, the Triathlon and Jazz Festival were on two different weekends. They have never co- existed utilizing the course that the event organizers proposed for this year. In addition, in 2003 staff received a call from Jazz Festival organizers who were upset to receive this email sent by the Triathlon without our knowledge: E -Mail to Jazz Festival... "We notice on your site that it mentions that Back Bay Drive will be available for drop off of guests and chairs. This, in fact, will not be the case after 1 pm on Saturday afternoon. The road will be closed to construct the finish line and transition area for the 26th Annual Newport Beach Triathlon. We will be completed with the event in time for your event on Sunday afternoon." Jack M. Caress In Summary . Problems with the race: . Road closures too significant, resulting in too large a community impact; Conflicts with existing & approved events. . Problems with race organizer (Pacific Sports) • Non - compliance with past permit conditions. • Timeliness and adequacy of application submittals. • Unreliable volunteer staffing. • Debt gone to collections. Recommended Action . Uphold staff's decision to deny a Special Event Permit. March 28, 2006 To: Honorable Mayor and Members of the City Council of Newport Beach From: Jack Caress, President, Pacific Sports LLC Race Director, 29a' Annual Kring & Chung Newport Beach Triathlon RE: RESPONSE TO THE SPECIAL EVENT PERMIT DENIAL 1. The Kring & Chung Newport Beach Triathlon has been held annually for 28 consecutive years beginning in 1978. We have a perfect safety record without incident. The event has never been denied a permit for any reason. The swim course (at Newport Dunes) and run course (entirely on Back Bay Drive) have not been at issue in city staff reports as a problem for the event. Therefore, we will discuss the apparent issue regarding the 12 mile bike route. We will address those issues under "4. Background for Denial of the 2006 SEP Application' in the staff report of March 27, 2006, in order: A. Major Road Closures Necessary for Event: Only one major arterial road is necessary, not three (Back Bay Drive and Newport Center Drive are not major arterial roads) as cited. The course used for 2004 and 2005 closes Jamboree for no more than 2 hours, 6:30am to 8:30am. The timeline, as follows, is based on actual results of the 2005 triathlon, not the time frame speculated in the staff reports. These results are available at PacificSportsLLC.com: First Wave Start: First Cyclist on Course: First Finisher of Race: Last Cyclist OFF Bike Course: Final Finisher of Race: Awards Ceremony Newport Dunes 6:45am 6:55am 7:41am (56 minutes) 8:1 lam (86 minutes after start of event) 8:51am 9:OOam ** *For 2006, we would be willing to start the race at 6:30am to mitigate traffic even further. With this in place, cyclists would be off Jamboree, the lone arterial highway on the course (and Newport Center Drive as a result) by no later than 8:15am. Given history, the public works department would be able to open Jamboree no later than 8:30am. B. Negative Impact to residents, businesses and visitors: The bike route referenced does not negatively impact the communities listed. The traffic plan was designed so that none of the communities would be adversely affected. As with any event, there are traffic delays. However, each of the stakeholders represented in the report is notified in advance of the event. Changeable message boards should be installed (as we suggested in prior years) on Jamboree to notify those residents of the event prior to race day. The Newport Dunes is paid a fee of $4700 for use of the facility for the day and receives $10 from each car parking in their lot for the event. We fill their restaurant (Back Bay Cafe) during the event. Newport Center is positively affected with economic impact from participants (evidenced in the letters sent by those participants to council) shopping at Newport Center. Further, we are off of Newport Center Drive prior to virtually all businesses being open and there are officers in place to direct anyone to any location within Fashion Island during the actual event. This includes the Marriott (see attached letter from the Marriott), Coco's and Starbucks. Nike Women was a sponsor for the event in 2005. None of the churches or communities are in any way prevented from access. The traffic control design was created with that aspect clearly in mind. C. Two other Level 3 events are planned for the same day and would be ne atga ively impacted for this event. In 8 of the past 10 years, the Newport Jazz Festival and the K &C Newport Beach Triathlon have co- existed on the same dates. In fact, many of our participants and spectators attend the event and stay at the Hyatt. The gates to the Lexus Jazz Festival open at 10:30am (not 9:30am as stated in the staff report) and the fast act is at 11:30am. The information is directly from the Jazz Festival website and confirmed with their office through the Hyatt. All parking at the festival will be at Newport Center. However, we will work directly with the Hyatt and Jazz Festival, as we have in the past to work through and mitigate any issues they might have on the two events on the same day but at different times of day. The Balboa Art Walk attendees are not denied access. PCH, Bayside Drive, and the island will be accessible at all times. Access via Jamboree would not be available during the event, however with properly located Changeable Message Boards on Jamboree, any vehicles would be directed to MacArthur Blvd. and then to PCH to reach Balboa Island. It is important to note that Jamboree will be open to vehicular traffic at 8:30am allowing access directly to Balboa Island prior to the start of the event. We will work directly with the Art Walk to ensure that this is communicated to all potential attendees through our websites and other communications. D. Event organizers failure to follow hermit conditions in the past: In the denial dated March 10, 2006, claims were made about our failure to comply with several conditions of the 2005 pemtit. Let's discuss those specifically: 1. Providing sufficient volunteers, course monitors, and parking staff to handle the crowds during the 2005 event. a. The volunteers provided for this event are the best of any event we produce. They are mature, diligent, disciplined and understand the event. University of California Irvine Rowing teams provide virtually all of our volunteers since 2001. They were in place on race day in 2005. We have pre-event meetings with volunteers. We had no reports of a single volunteer leaving an assigned post during neither the event nor being ,'mentally beat down" as claimed. I would ask you to reference the attached letter from Carrie Parsons, Head Coach of UCI Rowing and the letter from Hector Santa Cruz, Resident Manager of the Marriott Hotel. (See attached documents). For 2006, we will document all volunteer meetings and invite city staff to attend and participate in communicating any specific needs for the event. 2. Pacific Snorts still owes the City $725. a. The $725 was incurred by the city for traffic engineering fees. A portion was for changes apparently made to and approved traffic plan we submitted. (See attachment from David Keely). We cannot control what staff costs might be incurred AFTER we have the plan approved. b. The bulk of the amount is for David Keely's attendance at our event. Our permit does not require a traffic engineer present at the event as a condition. Therefore, we should not incur this expense. 3. Failed to Clean Up the Race Route Following the Triathlon Event. a. We have one fluid station on Back Bay Drive, just north of San Joaquin Hills Road. It is manned by UCI Rowing who walk from their base at Shellmaker to the station. They cleaned the station and picked up any trash along the road on their return to Shellmaker. Our staff follows with pickup of the equipment from the fluid station and drives the same route to audit that cleanup. Further, we send staff to the entire course on the day following the event to insure for a final time. For 2006, we will take photos to verify the cleaning was complete. We would also invite any staff to monitor this function. (See attached letter from Carrie Parsons) 4. Closed Race Route Early in violation of its permit. a. I was personally present when a DFG (Dept. of Fish & Game) employee came to the transition area to ask about the closure. We were setting up the area for the event. The road remained open after 6pm, in spite of our permit allowing Back Bay Drive's closure. A patrol car from NBPD visited the site to confirm the road was in -fact open. b. We inform DFG of the closure in advance of the event as required by the permit. We were contacted the week of April 8, 2005. Further, UCI Rowing shares Shellmaker Island with DFG and makes them aware of the event. For 2006, we will get a signed statement from the DFG department and discuss the event planning for that day and any conflicts they might have on their schedule. 5. Failed to Maintain Key Traffic Signs in Working Condition. a. I was personally notified that one CMS was not yet working (note —only one, not all signs). American Barricade was immediately called to the site and reprogrammed the unit. (See attached letter from American Barricade) Note —we believe strongly in the recommendation of staff traffic engineers made in our denial to have the signs on in advance of the race. We suggested that the traffic signs are in a location fiuther from the closure (not at San Joaquin Hills, perhaps at Eastbluff) and more importantly that the signs be in place several days in advance of the event (not 5am on race day). These signs are designed to inform the public of the event in advance and would potentially mitigate and preclude traffic issues for residents and the public on race day. We agree with that change. 6. Repeatedly Failed to Submit Timely and Complete permit Mlications. a. While we do not agree with this statement. We will do everything necessary for future events to insure that all documentation is provided in a timely fashion. It is important to note in this latest denial of our permit (page 2, number 2 —last sentence on the page) that this is the first time we have been made aware of the date of the new SEP Ordinance being March of 2004. This is critically important since city staff asked us to change to the new course (referred to as Route 2) in August of 2003. At the time we accepted the change to the new course at no time was there a mention of this impending new policy. Over 7 months later and months after we had submitted our permit application for the 2004 event did this policy become a part of the permitting process. We were not made aware of the necessity of these changes (new traffic control plan, water barricades, etc.) until less than 45 days prior to the May 2004 event. We are being accused of a "pattern of failing to comply with conditions of its special events permits" for the past two years. We feel confident that this is not the case, but pledge to do whatever necessary to insure that for any future events. Conclusion It is important to mention that we were specifically not invited to the post -event debriefing after the 2005 event. Many of the issues cited by city staff could have been discussed and resolved with minimal effort with such a meeting. We feel confident that we did manage the Newport Beach Triathlon successfully as we have since 1978. The participants, volunteers and our staff felt the event went well and most important, safely. The large amount of support of the participants, many residents of Newport, is evidence of the success and popularity of this event. By no means do we produce perfect events. We are always striving to improve, even after 28 years of events in Newport and over 400 in our firm's history. These meetings with city staff, public works, police and all parties involved are critical to that process. September 5, 2005 Pacific Sports, LLC. 1500 S. Sunkist St. Anaheim, CA 92806 Attn: Josh Studzinski M).`jLl N.1 /1 Re.: Call -out on Event Day Dear Josh, This letter is to explain the part of American Barricade on 5=05. A message was left on our 24 -hour message service stating that one of the CMS units in Newport Beach had not turned on via the pre - programmed function. The person on -call, Steve Velasco, immediately departed for the location to manually turn on the unit. Once on location he confirmed there was a programming error and reprogrammed the unit to shut off at the requested time. If you have any further question regarding this issue please do not hesitate to contact me at 714.634.2663. Sincerely, Velasco Jr. ilming,/Special Manager American Barricade, Inc, 2141 SOUTH DUPONT DRIVE. ANAHEIM, CA 92800-6102,7141634-25M *FAX; 7141 634 -2888 2112 FLOYD STREET, BURBANK, CA 91804.8181968 -x500 • LICF 785897 00I �' I A ♦ rGLG ^ I 0000 I I ♦ ♦ Drive ' j* I I I ♦ ♦ Santa an I I ♦ ♦ Barbara S meon%* i ,♦ Start/ ` ♦♦ Transition j `♦ ♦� ♦ Santa Rosa I Area I � ♦% ♦ Jamboree �' � ; wo��d / f FASHION 1 1 San 1 �, �♦ ♦ ♦♦ ISLAND Miguel Finish. —; I ♦ ♦ �� ♦I Newport ♦�♦ `♦ ��� `mil �..� Swim Center Drive f 1 ©Bike - - -- / Farallon j Run ; ♦ ^ ^� ^^ i ^ MacArthur Pacific Coast Highway Avocado Le:HefZ'rozr, CAO.U)E NILSoNS +4elkt, C64'to r L(CT 1p-am do- Hi Jack, That document was amazing! I know for a fact that no member of the rowing team would leave their post to go to McDonalds to get breakfast That is crazy. Everyone that was out on the course had to report back to me after their station was done and all did so. As for the volunteer on Santa Barbara I remember talking to you about this last year and I checked with all members of my team and no one reported any such thing as is described in the document Also Josh did have a volunteer meeting with me and I had a lengthy meeting with the rowers as to what they had to do and why. So everyone was informed of their responsibilities. As for the trash on Back Bay read I know that after my team went over it and picked up several bags, I personally walked the area picking up every little sticker and bottle cap. We share Shellmaker Island with fish and game and I am fully aware of the responsibility to the habitat in Back Bay. AD of our tears members participated with Fish and Game in a clean up weekend earlier in the year and were able to experience first hand - by picking it up themselves - all of the trash that gets swept into the bay. The huge pile that was accumulated left a lasting impression on them and even this year they are much more aware of trash etc that can get swept into the bay. I felt like my team did a good job cleaning up. 1 am sorry that the City of Newport is taking such an Issue with this event I feel like there is lots of staff provided and after debreifing with my athletes they felt like the event was a success. Many of them participate in triathlons in the off season and so are fully aware of the needs of the competitors. I am not sure what else to say. But some of what was said in the document has to be fiat out fabrication. If you need anything more from me please let me know. Came Hyatt Regency Newport Beach Summer jazz Festival Performance Times Note: All Thnes / Dates are Estimated and Subject to Change Friday - May 19 5:30 p.m. Restaurant Open ( no reservations required for dinner packages ) Open Seating for all Ticket- holders - Additional Charge For Dinner 7 p.m. Amphitheater Opens 6 P.M. Euge Groove Saturday - May 20 - Golf Course and Festival Grounds 10:30 a.m. Doors Open 11:30 a.m. Steve Oliver 12:00 Noon Lawn Stage Performance 12:30 p.m. Mindi Abair 1:30 p.m. Lawn Stage Performance ( TBA ) 2 p.m. Najee 3:15 p.m. DW3 - Lawn Stage 4 p.m. Norman Brown's Summer Storm Norman Brown Peabo Bryson Paul Taylor Alex Bugnon 5:45 p.m. DW3 - Lawn Stage 6:15 p.m. Brian Culbertson with special guest Eric Darius Sunday- May 21 - Golf Course and Festival Grounds 03/28/2006 10:28 AM http:// www. summerjazzseries .com /festival.php ?page —times Page 1 of 2 Hyatt Regency Newport Beach Summer jazz Festival 10:30 a.m. Doors Open 03128/2006 10:28 AM http:// www. summerjazzseries .com /festival.php?page =times Page 2 of 2 11:30 a.m. Kevin Toney 12:00 Noon Lawn Stage Performance ( TBA ) 12:30 p.m. Rick Braun 1:30 p.m. Lawn Stage Performance ( TBA ) f 2 p.m. Rendezvous Alt Stars Jonathan Butler Wayman Tisdale Brian Simpson and Friends 3:45 p.m. The Boneshakers - Lawn Stage 4:15 p.m. Bobby Caldwell 5:30 p.m. The Boneshakers - Lawn Stage 6 p.m. Guitars Sax and More Gerald Albright Richard Elliot iz Jeff Golub Peter White 03128/2006 10:28 AM http:// www. summerjazzseries .com /festival.php?page =times Page 2 of 2 Santa Cruz, Hector" <hector.santacnjz@marriott.conl> RE: 2005 Newport Beach TrIathlon March 27, 2006 2:49:51 PMPST "Josh Studzinski" <Iosh(PpadficsportslIc-c0rr'> tic 'I", SW)iaV 47 c!"." 4 ,\xa r I I D I ---Original Message---- From: Josh SbxWnsPi [rnaittD.Josh@pmficsportsik--ODM] Sent: Monday, March 27, 20% 10:39 AM To Santa Cna, KeCbDr Subject: 2005 Newport Beach TrIathicon Mr. Santa Cruz I first want to thank you for taking the time to provide answers to the following, and also working with us last year so diligently to make the event work. i. Were there any issues on race day(MOY 22, 2005) with access to the Marriott? 'n -ash;un IsiFnA erar tl.Ft c7!:.;vr� croswa of Nawper! C:entp, .: rive. E 1 I":1 :3 :r; 2. Did you have any complaints from staff or customers the day of the race? i,!c, 3. Did you feel that Pacific Sports staff worked with you to provide to your needs for that morning? U d ot,;r pF.:"kJr),,, iic4uc is 10c"ated On Nev"polt ­enie: D&F. ariq llv'' oi:� Jdl 1- — cu! vale'! leaz"t ?c' drive On "'enter Thanks again. Josh Studzinski Director of Operations Padflc Sports LLC City of Los Angeles Triathlon NIP 'RI 0 KS �____ti W A T E R F R O N T R E S p R T Monday, May 23, 2005 Josh Studzinski Pacific Sports Llc 1500 S. Sunkist Suite #e Anaheim, CA 92806 Dear Josh: Thank you for booking your Annual Triathlon at Newport Dunes Waterfront Resort. We trust that we lived up to your expectations in every respect, and we sincerely hope that your guests enjoyed themselves. We would like to think that when your group is looking for a location for its next event that Newport Dunes Waterfront Resort will be your first choice. The wide variety of facilities and the diversity of meeting spaces throughout the resort offer interesting options for any group. Thank you for your valued business. We look forward to having you as a guest again in the near future. Sincerely, Newport Dunes Waterfront Resort N. Terry I Ilia no Director of Sale I I3I Back Bay Drive Newporc Beach, CA 92660 Phone: 949.729.3800 Facsimilc: 949.759.5685 w.vw.newporcduies.com Station # Location Times i --L----function Saturda Ma 21st _ _ J 1 161 Registration/Goody Bas Nikewomen - Fashion Island 7:30 to 4 _ 2 1 5 1 Transition /Finish Setup Back Bay Drive - Hyatt Newporter 1:00 SAT TOTAL 21 _ Sunday May 22nd 3 4 COURSE PCH /Jamboree SAM *Plus One Staff Member 4 4 Swim Exit/Run Finish Back Ba Drive SAM 5 1 Cycle Back Bay Drive& Jam SAM 6 1 Cycle Jamboree / New porter SAM 7 2 Cycle Farallon Driveways SAM 8 1 Run * ** San Joaquin Hills/ Back Bay Drive SAM _91 2 C cle Jamboree /Santa Barbara SAM *One at exit of Island Lagoon 10 1 C cle Santa Barbara/San Clemente SAM 11 1 C cie Santa Barbara/Newport Center Dr SAM *Plus 2 staff members 12 2 Cycle NPC /Farallon SAM *One to a driveway on Farallon 13 2 Cycle Farallon /Avocado SAM *One to a driveway on Farallon 14 1 C cle Avocado /San Miguel SAM 15 1 Cycle San Mi uel /NPC SAM 16 1 _ _ _ Cycle NPC /Santa Rosa SAM 17 1 Cycle Santa Rosa/Center Dr SAM 18 1 Cycle Center Dr /San Simeon SAM 19 1 Cycle San Simeon /NPC SAM 20 5 Run Fluid Station Run Exit at Transition also serves re -race SAM 21 3 Run Fluid Station On Back Bay Near San Joaquin. SAM 22 3 Finish Fluid End of finish Chute SAM 23 2 1 RUN Sk Turnaround -On Back Bay, near BC Gully SAM _ _ 24 1 81 Timin Finish line SAM 25 1 _41 "Da of Registration Meet at finish line 5AM _ J26 81 Bodymarking Transition Area_ 5AM _ 27 41 Post Race Food Prep _ Post Race Food Area SAM W 28 1 61 Transition Area Back Bay Drive 5AM __ SUN TOTAL 1 SS; OVERALL 871 The 8 Bodymarking Vols ( Station 26) will also be the 8 for Swim Exit, etc (Station 4) The 4 Day of Reg Vols (St. 25) will be able to work finish line timing (St. 23) New ort Contacts or anization Contact Name Ph# Fax # email mail Villa Point Scott Smith 714.444.2602 714.444.3602 scott southcoast m.corn Island Lagoon Terry Smith 714.279.1122 714.279.1130 1518 Taft Ave Oran a 92865 OCTA Manny Perez 714.265.4333 714.265.4317 NB Tennis Club Steve 949.644.0050 949.644.0437 2601 Eastbluff Ba side Village Patty Pem er 949.673.1331 300 E. Coast Hwy Palisades Tennis Club Ken StewartfTerri 949.644.6900 1171 Jamboree Hyatt New porter Brooke Burnett 949.729.6002 949.7299.6044 1107 Jamboree Harbor Cave Sheri Connor 949.838.3284 949.833.0919 16845 Von Karman #200 Irv92606 Park Newport Linda Gunther 1 Park New ort NB 92660 NB Marriott Hotel Hector Santa Cruz 949.729.3577 hector.santacruz@)marriott.com Irvine Company Christine Chang 949.729.1487 949.7219285 550 NPC Dr Fashion Island Heidi Junq 949.720.3315 949.720.3350 hjunq@irvine com an .corn El Torito Grill Mario Valadez 949.640.2875 949.640.7818 951 NPC Newport Ctr Med -Ortho Stella Chavos 949.644.0065 949.644.9353 400 NPC #104 Newport Children Med Sandy 949.644.0970 949.644.0774 1401 Avocado #802 Newport Ctr Med Group Michelle Morales 949.644.3555 400 NPC #506 Newport Ctr S ec Surgery Danielle 949.644.8182 949.759.5566 1401 Avocado #101 Ritz Restaurant Beck Ro ers 949.720.1800 949.720.1886 880 NPC Big Newport Theater Rachel Baxter 949.640.4600 1300 NPC NB 92660 The Colony IStephanie 1949.706.9696 194 9.706.9634 15100 Colony Plaza ATTENTION WHO: FASHION ISLAND MERCHANTS WHAT: ROADS CLOSURES IN/AROUND FASHION ISLAND WHY: 28TH ANNUAL NEWPORT BEACH TRIATHLON WHEN: 6:30 -9:00 AM SUNDAY MAY 22, 2005 *ALL ACCESS TO FASHION ISLAND WILL HAVE TO COME THROUGH SANTA CRUZ FROM SAN JOACHIN HILLS. *THERE WILL BE SIGNS POSTED FOR DETOURS ON THAT DAY. *PLEASE GIVE YOURSELF SOME EXTRA TIME TO GET TO WORK THAT DAY. *IF YOU HAVE ANY QUESTIONS PLEASE CONTACT JOSH STUDZINSKI, DIRECTOR OF RACE OPERATIONS AT 714.978.1528 ATTENTION WHO: ISLAND LAGOON RESIDENTS WHAT: ROADS CLOSURES IN /AROUND FASHION ISLAND WHY: 28TH ANNUAL NEWPORT BEACH TRIATHLON WHEN: 6:30 -9:00 AM SUNDAY MAY 22, 2005 *JAMBOREE WILL BE CLOSED FROM SANTA BARBARA TO PCH. *ALL ACCESS TO FASHION ISLAND WILL HAVE TO USE SANTA CRUZ FROM SAN JOAQUIN HILLS. * SIGNS WILL BE POSTED WITH DETOUR INFO *PLEASE GIVE YOURSELF SOME EXTRA TIME TO GET TO GET AROUND THAT DAY. *IF YOU HAVE ANY QUESTIONS PLEASE CONTACT JOSH STUDZINSKI, DIRECTOR OF RACE OPERATIONS AT 714.978.1528 From: "Dingwall, Matt" <M Dingwall@ city.newport-beach.ca. us> Subject: RE: Newport Beach Triathlon Date: June 23, 2005 3:04:56 PM PDT To: "Josh Studzinski" <Josh @pacificsportsilc.com> Cc: "McGuire, Andrea" <Amcguire @city.newport- beach.ca.us >, "Lu, Jeff" <JLu @nbpd.org> Josh, We typically only hold meetings after an event when there are problems or issues to work on resolving, as you are probably aware the decision was made that the City of Newport Beach would not approve Pacific Sports to hold a triathlon next year or in the future. 1 know that lack indicated his plans to appeal that decision which is his option to do. At this time we do not have any plans to schedule or hold an after event meeting, if anything changes 1 will let you know. Please let me know if you have any questions. Matt S. Dingwall Recreation Coordinator City of Newport Beach (949) 644-3152 - - -- Original Message---- - From: Josh Studzinski (mailto :Josh @pacificsportsllc.com] Sent. Thursday, June 23, 2005 11:35 AM To: Dingwall, Matt Cc. Craig, Ted; Lu, Jeff; McGuire, Andrea Subject. Re. Newport Beach Triathlon Thanks Matt. 1 will do so. Each year there is post event wropup meeting, to prepare for next year's event. 1 was wondering if you could give me an idea of when that will be this year. Josh Studzinski Director of Operations Pacific Sports LLC City of Los Angeles Triathlon 774.978J528 774.978.7505 -Fax josh @pacifcsportsllc.com On Jun 23, zoos, at n:s9 AM, Dingwall, Matt wrote: Josh, you will need to write a letter requesting a copy of the report, Iin the letter you need to specifically state that you are requesting this document under "The Freedom of Information Act", you will need to sign and date it. You can fax it (949) 644-3155, mail it, or deliver EvRmQL-E o-e- LE:TT'Ep. SENT oN e- osuRES IMPORTANT INFORMATION ON STREET CLOSURES Island Lagoon, Doug Muncy: On May 21, 2006 the 29th annual Kling and Chung Newport Beach Triathlon will be held in Newport Beach. This letter will provide you with information regarding road closures and times of the event as it may relate to your Sunday schedule. Cycle Course: The cycle course is 12 miles long, and will start on Back Bay Drive. Cyclists will turn left onto Jamboree, and continue on Jamboree to Santa Barbara They will then turn right on Santa Barbara, and then a right on Newport Center Dr. They will follow the easy veer to the right and take to Farallon, and turn left. Then a left turn on Avocado and a left on San Miguel. Next will be right on Newport Center, then a right on Santa Rosa, then a Left on Center Dr., then a Left on San Simeon and then a left on Newport Center. From there they will follow the same course back to Santa Barbara, via Avocado, Farallon etc. They will do this loop 3 times. After the 3rd loop cyclists will turn left on Santa Barbara, and then left on Jamboree and the right on Back Bay to the Transition area at the Dunes. *ACCESS TO FASHION ISLAND WILL ONLY BE AVAILABLE THROUGH SANTA CRUZ Run Course: The run course is 3.I miles. It starts on Back Bay Dr and goes out towards Shellmaker. It will go out just past Big Canyon Gully and then Turn around and come back the same way. The course will finish right near the Newport Dunes Resort. The event begins at 6:45 AM. Roads being used for the cycle course will be compromised from about 5:30 AM — 8:45 AM. Roads on the run course will be used from 7:15 AM — 9 :15 AM. Please give yourself extra time to get to your destination if you must use any of these roads. Police officers will be in position at major intersections to assist with the traffic flow, and alternate routes. Please call us at 714.978.I528 with any questions or concerns. You may also refer to the website (www.PacificSportsLLC.com) for further information. Your cooperation and support are greatly appreciated. Sincerely, Josh Studzinski Director of Operations Pacific Sports LLC *Please sign, date and return to us via fax 714.978.1505 Signature Company Date —1 From: "Keely, David" < DKeelygelty.newport- beach.ca.us> Subject: NB TrIathlon Traffic Control Date: March 15, 20051:58:59 PM PST To: 'Josh StudzinskP <JoshOPacificSportsH C.corr» Cc: "Ramirez, Paul" < PRamirez gcity.newport- beach.ca.us>, "Dingwall, Matt" < MDingwali gelty.newport- beach.MUS>, "Johnson, Dale " <DJohnsonQnbpd.org >, "Brine, Tony" <tbrinegcity.newport- boach.ca-us> Josh, C> I had a chance to review the final Traffic Control submittal and it looks fine. 1 will be distributing them to General Services and Police Department this afternoon. Below are a few items that are the event's responsibility to take care of: - It is the responsibility of the event to obtain permission from several property owners for traffic control installation and maintain traffic control devices on private property (Newport Dunes, Marriott, Fashion Island, etc.). - The event shall provide Flagger operations at the Marriott driveway location along Newport Center Drive to assist drivers into and out of the site. - The event organizer shall coordinate with the Police Department to station volunteers at Coast Highway /Jamboree and other unsecured locations. - The event organizer shall provide a schedule for traffic control setup along Back Bay Drive. If you have any questions, please feel free to contact me. David L. Keely, P.E. Associate Civil Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Tel: (949) 644 -3349 Fax: (949) 644 -3318 From: "Knight, Marie" < M Knight 9 city. newport- beach. ca. us> Subject: RE: Contact list Date: May 5, 2005 5:50:34 PM PDT To: 'Josh Studzinski' <Josh @pacificsportsllc.com >, "Keely, David" <DKeely@ city. newport- beach.ca.us>, "Lu, Jeff" <JLugnbpd.org >, "Dingwall, Matt" <M Dingwall @city. newport- beach.ca.us> Josh, we do not need to provide you with the rationale behind all of our policies as we do not look for your input or agreement, we look to you to simply abide by them. As I see by the emails below you have been Informed that as a condition of approval of your permit "the CMS boards may not be set up prior to Saturday afternoon and removed Sunday afternoon," If you feel that you are not able to comply with this condition, then you will not be issued a permit. Marie Knight Director, Recreation & Senior Services 949 - 644.3157 - - - -- Original Message---- - From: Josh Studzinski [mailto :Josh @pacificsportsllc.com] Sent: Thursday, May 05, 2005 4:56 PM To: Knight, Marie; Keely, David; Lu, Jeff; Dingwall, Matt Subject: Re: Contact list Matt I would think that if we had the CMS up on Friday it could work as prior notification to the community as well. It could be just another way to make those aware of the closure, that travel the streets on a regular basis. I still have not received an answer as to why it would be a problem to have the signs out through Sunday and picked up early Monday AM. Josh Studzinski Director of Operations Pacific Sports LLC City of Los Angeles Triathlon 714.978.1528 714.978.1505 -Fax josh @ pacificsportsllc. com On May 5, 2005, at 9:53 AM, Joshua Studzinski wrote: II From: "Dingwall, Matt" From: "Lu, Jeff" <JLu @nbpd.org> Subject: RE: Permit Date: May 17, 2005 12:49:05 PM PDT To: 'Josh Studzinski' <Josh @PacificSportsLLC.com >, "Dingwall, Matt" <M Dingwall @city.newport- beach.ca.us> Cc: " Knight, Marie" <MKnIght@ city. newport- beach. ca. us >, "Keeiy, David" <DKeely@ city. newport- beach.ca.us>, "Lu, Jeff" <JLu @nbpd.org> Mr. Studzinski - To promote an orderly application and permitting process, please direct your inquiries to those at city hall handling your application. They will contact the P.D. and other city departments for our input to assist them. I appreciate being kept Informed through updates, but generally restrict my comments to those at city hall, out of respect for the process. I look forward to meeting you in person this weekend perhaps. Thank you, Jeff Lu. - - - -- Original Message---- - From: Josh Studzinski [mailto :Josh @PacificSportsLLC.com] Sent: Tuesday, May 17, 2005 10:47 AM To: Dingwall, Matt Cc: Marie Knight; David Keely; Jeff Lu Subject: Re: Permit Sgt. Lu, please let me know if you have any questions regarding our volunteer placement. I have finally gotten Caltrans to fax the permit over. They should send it today. As I told David numerous times the permit has been paid for and has a number Issued to it, it is a valid permit. He can call Caltrans anytime to see that it is an existing permit. He has a copy of the approved application and payment, with the permit number directly on the document. Also there are no changes to our route. The only change is to the traffic around the Marriott to allow traffic in and out of their entrance on Santa Barbara. David made it very clear there would be no change to our route. Josh Studzinski Director of Operations Pacific Sports LLC City of Los Angeles Triathlon 714.978.1528 714.978.1505 -Fax Frorn. "DlnWiddle, Janis" <JDinwiddie @city. newport- beach.ca.us> Subject: RE: Newport Beach 100 Date: June 29, 2005 10:23:29 PM PDT To; "Josh Studzinski" <Josh @pacificsportsllc.com> Cc: "Wassail- Kelly, Gay" <balboabeacon @adelphia.net> HI Josh, Thanks so much for coming to the meeting last night, and for your interest in getting involved with the Centennial. The Chair of the Heritage Committee is Gay Wassall -Kelty, who I have copied here, so the two of you can connect up directly. Look forward to getting info on the Triathalon. Feel free to contact me if you have any further questions. Regards, Janis Janis E. Dinvviddie Project Manager City of Newport Beach Centennial T 949.718.1856 F 949.548.2422 E idinwiddie0city .newport- beach.ca.us From: Josh Studzinski [mailto:Josh @padficsportslic.com] Sent: Wed 6/29/2005 9:24 AM To: Dinwiddie, Janis Subject: Newport Beach 100 Janis I just wanted to touch base with you about last night's meeting. We have some great pictures of our event, the Newport Beach Triathlon, which has been going on for 28 years. If you could possibly get me In touch with the Heritage committee that would be great, and we may have some good "action "pictures of our event. Also we are looking for any way to get our event involved with the Centennial Celebration. We took the sanctioning info and we will try to rind the best way to Incorporate NB roo into our event. Thanks again. Josh Studzinski Director of Operations Pacific sports LLC City of Los Angeles Triathlon 714. 978.1528 714.978.1505 -Fax josh@paciflcsportsitc.com NBIGO NEWPORT BEACH 1906 -2006 June 3, 2005 Kring it Chung NB Triathlon -Pac. Sports Jack Caress 1500 S. Sunkist St., Ste. E Anaheim, CA 92806 0 Dear Mr. Caress: Steering Committee Mayor Pro Tem Don Webb - Chair Mayor Steven Bromberg Council Member Leslie Daigle Thomas Anderson Barry Allen WililamA Dean Marta Hoyden Ceclira Non Doyno Pe0'e Cecelia Tobin Gay Wossol4Kelly Norm Witt Glenn Zagoren Plans for our 100 year City of Newport Beach Centennial Celebration are now in full swing with 12 committees up and running, planning a variety of events and activities to commemorate the past, celebrate the present and sail into the tuture! We will start the celebration on October 2nd with Let's Do Launch at the Newport Dunes. The event will feature headliner entertainment, food, games, family activities, a children's stage and more. The purpose of this letter is to invite you or a representative from your organization /event to attend a meeting at the Central Library Friends Meeting Room, 1000 Avocado Avenue on Tuesday, June 28th at 6pm. This meeting will be one stop shopping for you to learn about the various ways your organization /event can get involved to make the Centennial great. The Centennial is for the entire community and we sincerely hope you will be involved in helping celebrate and continue to be a part of the history of Newport Beach. Please contact Project Manager Janis Dinwiddie at 949 - 718 -1856 or by email at idinwiddie@city .newport- beach.ca.us to RSVP by June 23 with the name of your organization and person who will be in attendance. Also, feel free to contact Janis if you have any questions or need further information regarding the Centennial Celebration. Sincerely, Steven Bromberg, Mayor Centennial Steering Committee Mission Statement "To unify our neighborhoods through a series of events and activities that will enhance community spirit, honor our rich heritage, promote pride in our future, and celebrate the many unique opportunities we have to offer." 3300 Newp.o Boulewrd P.O. Box 1768 - Neewpon Beach. CA 92656 (949 644 -3158 - fax (949( 6443155 www.newpoobeach lOO.com AT March 28, 2006 To: Honorable Mayor and members of the City Council From: Kyle Kring, Kring & Chung Subject: Appeal of Staff Decision of Denial of Special Event Permit Application for Kring & Chung Triathlon proposed to be held on Sunday, May 21, 2006 1. Our firms involvement in the Triathlon I am a resident of the City of Newport Beach, father of three children who attend Corona Del Mar High School and Middle School, and partner of Kring & Chung, the title sponsor of the Kring & Chung Newport Beach Triathlon, and regular participant in the race. Our firm has been associated with the Newport Beach Triathlon for the past 10 years and before that, we sponsored the Orange County Performing Arts Triathlon after Mazda withdrew their sponsorship. Our firm has been very actively involved in the local sporting community for the last 15+ years. At Kring & Chung we believe it is important to give back to the community in which we live and work. 2. The City's decision to deny-the Special Event Permit was made prior to the Application even beine submitted. First of all, it would seem that the City's involvement in reviewing Special Event Permits should be to facilitate events as long as they are in compliance with the City's guidelines and ordinances. I don't think City employees should be allowed to impose their personal opinions as to whether a specific event should or should not be held in the City. This is especially true regarding an event that has been running without incident in the City for 28 years. I am personally not aware of a single business who has complained about the race. If they had one would think that the business complaining would be identified in the City Staff Report. At the time I wrote my 2/22/06 letter to Marie Knight, Director of Recreation & Senior Services Dept., a copy of which is attached hereto, I was not aware of the background of the permit application process. In investigating this issue on behalf of our race, I am of the opinion that certain individuals at the City had already made the decision to deny the Special Event Permit long before the Application was even filed.. FAKDMTrialhlon 2006Wrialhlon City Council Meeling.wpd In a letter dated October 28, 2005, a copy of which is attached, Mr. Homer Bludau suggested that Pacific Sports "seek alternative locations for this event as it is strongly felt here that this event has become too much of a negative impact on our community and it is doubtful, unless it significantly changes, that it will meet the current requirements for a permit." He further writes "I am both surprised and disappointed that you are advertising for an event here when you don't have an approved permit." This is for a race that has been successfully run for 28 years. I just seems to me that Mr. Bludau had made up his mind for some reason. In a subsequent 2/23/06 e -mail to Pacific Sports, a copy of which is attached, Mr. Bludau stated: "I personally got caught up in your traffic circulation plan through Fashion Island last year and it took me 20 minutes to get out of that maize. The signage was poor; there were few volunteers to ask directions of and the one volunteer I finally found at an intersection said she didn't know what to tell me as to how to get on PCH- all to by -pass the closed portion of Jamboree. I had a report that another volunteer was in tears because so many drivers were upset with her because of the circulation pattern and could not find their way out of the Fashion Island street system. In our critique of the event, you were informed on the many deficiencies in the execution of your traffic /route plans." We are not aware of any formal complaints lodged with the City, by any individual or entity concerning the event. If there were formal complaints wouldn't it have been appropriate to attach them or reference them in the City Staff Report. Since no specific complaints are referenced, I have to assume that Mr. Bludau was the only person who lodged a complaint. Is a 20 minute delay at roughly 8:00am in the morning really the reason you are going to cancel this great event? Didn't Mr. Bludau know the event was happening that morning? 3. The City Council Staff Report recommending denial of the Special Event Permit Application is one -sided and not an objective evaluation of the Special Event Permit Application for the Triathlon. In reviewing the City Council Staff Report for Agenda Item No. 20, the Appeal of Staff Decision of Denial of Special Event, there appears to be a complete absence of supporting evidence for the allegations of "unmitigatable impacts on residential neighborhoods ", "negative impacts" (5 times), "too many safety issues ", "impacts on the community ", "barraged with complaints from angry citizens who are inconvenienced ". I did not see any factual, supporting evidence in the City Staff Report that supports the City Staff's bold allegations. You will note that none of the Attachments to the report are actual complaints by any allegedly affected business, or any member of the community. In fact the use of these terms without ANY factual support leads to the conclusion that there is, in fact, no factual support for the City Staff's conclusions. Isn't there some complaint process within the City such that if a formal complaint is lodged, it is forwarded to the appropriate person responsible for approving future permits? If there was one such complaint, don't you think it would have been attached to the report? Or even referenced in the report? FAKI)K\Tdathlon 20061Triathlon City Council Mealing.wpd Beginning on p. 2 of 7 of the Report, the report reads "Staff believes a traithlon (swim, bike, run event) on this course creates too many unmitigatable impacts on residential neighborhoods..." What are the "unmitigatable impacts "? Did the City get even one complaint of a negative impact on the residential neighborhoods? If the City is going to base their denial on this Staff conclusion, don't you think the position should be supported by facts? The report states on p. 2 second paragraph, that "The problems with how this event has been managed previously worsens an already bad situation...." What are the problems with how the event has been managed? The event had been approved, successful and without any incidents for 27 years. On page 2, second to last paragraph, the report states: "If it is felt collectively by staff that there are too many issues related to an event that have negative impacts, the application is denied by the Recreation and Senior Services Department." That seems like a fairly ambitious standard. Again, what specifically are the negative impacts? One certainly cannot tell from the Staff Report. On page 3 of 7, the report references the new March 2004 SEP Ordinance. It references three new requirements, (1) water filled barricades, (2) registered traffic engineering plan and (3) plans for temporary structures, such as bleachers, and stages. Well, there are no temporary bleachers or stages. There really is no need for water filled barricades since the roads are closed on the course during the race. I have run the Spirit Run and Race for the Cure and there are no water filled barricades protecting the competitors or spectators with water filled barricades. Again, on p.4 of 7, in the first full paragraph, the report references "too many safety issues and negative impacts on the community." Again, the report does not identify what are the "safety issues" or the "negative impacts ". Under section 4, "Background for Denial of the 2006 SEP Application ", on p. 4 of the report, the Staff writes, "After the 2005 event and based on the problems experienced in 2005 and those from the three years prior, staff determined that this event is too problematic and has too many negative impacts on the community that cannot be easily mitigated." Again the report fails to identify any negative impact on the community or any problem with the race "three years prior ". In the staff report under section 4, it lists "Major road Closures necessary for the event". The report mistakenly reports that Jamboree is closed for 3 -4 hours. This just is not true. The road is closed for about one half that time. The report refers to Back Bay Drive as a "major arterial road ". I am not sure this is correct. It is open to one way traffic and is used almost exclusively by runners and bikers, especially between 6:30 am and 8:30 am. The next section is "Negative Impact to the residents, businesses and visitors ". Under this section the City Staff merely lists a number of business and local communities. We are not aware of any complaints filed by any of these entities. Back Bay Cafe is crowded with participants and spectators FAIMMTriathlon 2006 \Triathlon City Council Meeling.wpd following the race. I cannot imagine their business is negatively affected. Is there any record of any complaints by these entities? The report also states that police personnel are "barraged with complaints from angry citizens who are inconvenienced ". What record of this exists? is there some reason that the only City personnel who actually attended or worked the event are not mention in the report. What does the Chief of Police have to say? What does the Director of Lifeguards have to say? What does the Director of Public Works have to say? The next reason stated under section 4 is "Two other Level 3 events are planned for the same day and would be negatively impacted by this event ". We have never been advised of any complaints by the Jazz Festival. It is hard to conceive of how the Jazz Festival is impacted since the doors for the Jazz Festival do not even open until after the Triathlon is completed. The triathlon and Jazz Festival have successfully coexisted in the past and there is no evidence that they would not in the future. Lastly, the report references "failure to comply with the having well trained volunteers manning critical areas of the course" This criticism is unfounded. You will note that there is absolutely no evidence of this referenced in the report. Members of the UCI Rowing team are wonderful, and well equipped volunteers as are many members of our firm who volunteer their time for this event. These criticisms are unsupportable and unfounded. 4. Conclusion The City Staff report rejecting the SEP application is not based on factual criticisms of the event as much as it is based on the personal opinions of a few City employees. Where are the opinions of the City employees who are actually involved in putting on the event i.e. Police, Lifeguard, Public Works. These are the people who know about the race, The denial of the application would be a shame to the local athletic community, participants, local businesses who are positively impacted by the race and to the UCI rowing team that benefits from this event. I urge you to take a close look at the supporting facts for the positions and conclusions made by the City Staff and urge you to overturn the Staff's denial fo the SEP application. Thank you. FAKDK\Tnathlon 2006\Triathlon City Council Me Vngmpd ATTORNEYS LLPI February 22, 2006 Kyle D. Kring Kenneth W. Chung Paul T. McBride Robert P. Mougin DawdC -Weber John R. Blakely Kathleen Elder- Blakely Tmothy J. Broussard Nina D. Klawunder Davit P. Ramirez Marva Amoroso Pamela Anderson John R. Bell Brerdan J. Coughlin Joanna ery E. Do lye Michael B. Ebon od Elrod Marie Knight, Director Recreation & Senior Services Dept. City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Re: Notice of Rejection of Special Event Permit Application for the 9`h 2 Annual Krim & Chuna Triathlon Deborah Frances A. Goldfarb Anna Greenstin Laura C. Hess Dear Ms. Knight: Tina L Law Gregory J. Marcot Allyson K. Myers Made Ness Our firm has been the title sponsor of the Newport Beach Triathlon since 1996. Kathleen Ka en J. Patterson Adam J. Post I live in Newport Beach, and have, for the 12 My three children Susanne M. Rehmani personally past years. Peggy S. Roldan all go to Corona Del Mar High School. Monica Sanchez Shane Singh Dana C. Smalley Jeffery M. Suckiel Our firm's involvement in the Newport Beach Triathlon has been a wonderful Arse L. edman experience. Not only do a number of our firm employees in this event, but a Isaiah Z. . Weedn participate Rothe D. Wynne number of our clients do as well. Avila's Restaurant, a long time Newport Beach June K. Yang business, has also been a leading sponsor of the race, which benefits the UCI rowing OF COUNSEL John C. Kang team. Our firm has also been the title sponsor of the Orangewood Children's Home Timothy J. ScAator David M. Grillitlt Thanksgiving Golf Classic and the presenting sponsor of the Carson Palmer Open Paul da benefitting Hillview Acres Childrens' Home. I have personally participated in this race Ted A. . Co,mwmor since our involvement, as have many of our employees; a number of who reside in Newport Beach. Our firm has come to be recognized as one that supports local sporting events and charitable events. While I am not entirely sure why there is some reluctance to continue the race, which is well known in the area, I am sure that stopping the race will be a huge IRVINE disappointment to the local athletic community. As a resident of Newport Beach, I think 38 Corporate Park P.O. Box 19782 the City should support suchevents which promote the Newport Beach healthy lifestyle. Irvine. CA 92623 -9782 T (949) 261-7700 As a father of three teenagers, I am very involved in the community and it never amazes F (949) 2618800 me to see the Newport Beach Triathlon shirts wherever I go in the community. I should also mention how many people come up to me throughout the year and are thankful that IRVINE INLAND EMPIRE our firm supports this excellent event. While the sport of triathlon may not be the most SACRAMENTO SAN DIEGO popular sport in the area, it is certainly important in the community. Think of how many LAS VEGAS CHINO people ride bikes every weekend, swim in the masters program at Corona Del Mar High � .klingandchung. com F : \KDK\Lelters \CityolNewportBeach -001. wpd J, Marie Knight February 21, 2006 Page 2 School, and train for similar events in the area. These are the same people that frequent local businesses in Newport Beach. 1 also want to bring to your attention the multiple generations of participants. We have had all ages compete in this event, including grandparents and children. We also receive numerous thank you's from people that appreciate our firm's involvement, thus allowing them to get involved in this great sport. Especially since the Newport Beach Triathlon was the first triathlon they had ever participated in. It would be a shame to discontinue this event based on the likes or dislikes of one or more of your members. This is the longest running triathlon in the Western United States and the City of Newport Beach should be proud of this. I would welcome the opportunity to speak to the City Council before any action is taken which would eliminate this wonderful event and longstanding tradition. (Kkring @ kringandchung.com) KDK/maz CC: Don Webb, Mayor Steven Rosansky, Council Member Leslie Daigle, Council Member Ed Selich, Council Member Richard Nichols, Council Member Tod Ridgeway, Council Member Jack Caress, President Pacific Sports F: \KDK\Letters\CityofNewpor Beach- 001.wpd Very truly yours, KRINP & CHUNG, LLP Ky KD.Krin g Kenneth Chung CITY OF NEWPORT BEACH October 28, 2005 Jack Caress, President Pacific Sports LLC 1500 S. Sunkist Street, Ste E Anaheim, CA 92806 Dear Mr. Caress: It has come to my attention that you are advertising on your web site a triathlon to be held here in Newport Beach for May 21, 2006. I am both surprised and disappointed that you are advertising for an event here when you don't have an approved permit. Again, to reiterate our phone conversation this past June, there is no guarantee that an application for a permit for this event will meet the requirements of our process. As we discussed, our Municipal Code has changed with respect to Special Event Permits and we have new policies, processes and considerations that your event will be analyzed against. Until you apply and we have had the opportunity to consider the event we strongly advise against any advertising. In addition, I must tell you that your insistence to advertise an event you have no permit for will not be enough to compel us to issue you a permit if your application does not meet our requirements. So if you chose to continue to advertise Newport Beach as the venue for this event, you do this at your own risk. I must also reiterate my suggestion that you seek alternative locations for this event as it is strongly felt here that this event has become too much of a negative impact on our community and it is doubtful, unless it significantly changes, that it will meet the current requirements for a permit. Please feel free to call me if you have any questions. Sincerely, omer L. Bludau ti City Manager Cc: Mayor and Members of the City Council City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach California 92658 -8915 • www.city.newport- beach.ca.us aol ri c h: /!994 1 3 64 1 059, Subj: RE: 29th Annual Kring & Chung Newport Beach Triathlon Date: Thursday, February 23, 2006 3:47:11 PM From: HBludau@city.newport- beach.ca.us To: Jacccaress@aol.com, TRidgeway @city.newport- beach.ca.us cc: lesliejdaigle@aol.com, RCiauson@city.newport- beach.ca.us, MKnight @city.newport- beach.ca.us, kkring@kringandchung.com, KChung@Krirgandchung.com, mzigrang@kringandchung.com, MKnight@city.newport-beach.ca.us Dear Jack, you received a copy of the letter I recently sent you. Your application was returned. You have 10 days to appeal that decision or you need to submit a new application. Please keep in mind if you submit a new application the date has already passed for the time we require such applications be submitted. I personalty got caught up in your traffic circulation plan through Fashion Island last year and it took me 20 minutes to get out of that maize. The signage was poor, there were few volunteers to ask directions of and the one volunteer I finally found at an intersection said she didn't know what to tell me as to how to get on PCH - all to by -pass the dosed portion of Jamboree. I had a report that another volunteer was in bears because so many drivers were upset with her because of the circulation pattern and could not find their way out of the Fashion Island street system. In our critique of the event, you were informed on the many deficiencies in the execution of your traffic/route plans. The process for you to follow is outlined in your letter. If you do not have a copy, let me know and I will fax you one. Homer Bludau Ron n:.Iadc are%@aol.com [maitln:Jadccaress@aol.00m] Seat: Thursday, February 23, 2006 3:34 PM To: Bludau, Homer; Ridgeway, Tod Cc: Daigle, Leslie; Clauson, Robin; Knight, Marie; kkring @kririgandchung.com; KChung @Kringandchung.com; mzigrang @kringandchung.com Subject: Re: 29th Annual Kring & Chung Newport Beach Triathlon Mr. Bludau, We have collectively discussed the issues surrounding the course for the 29th Annual Kring & Chung Newport Beach Triathlon. Rather than attempt to secure a new traffic control plan for the course we used for 19 years until 2004, we prefer to stay with the course that we have used entirely within Newport Beach for the past two events. The traffic control plan is in the possession of the city and was certified by both California Traffic Engineer and accepted by the City in both 2004 and 2005. This would eliminate the need to use the City of Irvine and remove the issues surrounding SR 73. We may address that for 2007, but the time oonshaints would not allow It for this year. We understand there is a new Senior Housing facility on Back Bay Drive that needs access which we believe is similar to the access we have employed for the Newport Dunes. We are willing to address that issue further if the City so requires. We will of course employ the use of the water barricades deemed necessary and the appropriate changeable message signs as we have in each of the past two events and other permit requirement that are standard from past events. We have submitted the necessary fees to the City some time ago. With this in mind, what other requirements are necessary to proceed with the event for 2006? Jack M. Caress President Pacific Sports LLC www.PacificSport§LLC.com 1 of 2 2/26/06 2:57 PM