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HomeMy WebLinkAbout6/1/2010 - Agenda PacketCity of Newport Beach Parks, Beaches £t Recreation Commission Tuesday, June 1, 2010 - 7pm — City Council Chambers AGENDA ORDER AND ROLL CALL DIRECTOR'S COMMEN PS • Director Detweiler • Director Harmon • City Council Actions PUBLIC COMMENTS Members of the public are invited to comment on non - agenda items of public interest. Speakers are limited to three minutes. NOTICE TO THE PUBLIC All matters listed under Consent Calendar 1-3 are considered by the Commission to be routine and will all be enacted by one motion in the form listed below. The Commission Members have received detailed staff reports on each of the items recommending approval and there will be no separate discussion of these items prior to the time the Commission votes on the motion unless members of the Commission, staff, or the public request a specific item to be discussed and/or removed from the Consent Calendar for separate action. The City provides a yellow sign -in card for those wishing to address the Commission to assist in the preparation of the minutes. If you do fill out the card please place it in the box at the table. CONSENT CALENDAR i. Minutes of the Mav a, aolo 2. Park & Operations Division Activity Report., i' . �i� 'j#iiirt��`Lrf`'fi3i�'IliitFl, t�: i- "'' +F ibs�(;' �a °�f1�� "�� �•n6&F;�1%�CQlttil��?l'�ja 3. Recreation & Senior CURRENT /NEW BUSINESS 4. Ordinance Change Amending Section 7.04.030 of Tide 7 of The Newport Municipal Code Pertaining To Dogs 5. Proposed City Tree Removals on Heliotrope Avenue Rei -,ttii --(k# t iconsider regtcssE tarot pz e sixCStt reel t n fie or€o t ue f 4t ri COMMITTEE REPORTS • Park Developuu!nt— nmwa,laraaz, Maistoa • Youth sports Liaison —t.3m • ReL'rCatian/SeniorAetiUttiP — Wgar,Mde ,Hamill. • Ad Hoe • Budget — Gamtt, Om 1g -- China Cove Volleyball Court —B.w L-w • Community ServieeAuaard— Ganett, naaultM n. &i — Marina Park —Game FUTURE AGENDA ITEMS - Matters which Commissioners may wish to place on a future agenda or raise for discussion. • Storm Report • Gt Policy Review • Pirates Cove Lighting ADJOURNED CITY OF NEWPORT BEACH I �errt y Parks, Beaches & Recreation Commission Regular Meeting May 4, 2010 — 7Pm Convened 7:04pm ROLL CALL Present: Tim Brown, Chair Tom Anderson Bill Garrett Kathy Hamilton Phillip Lugar Marie Marston Absent: Greg Ruzicka Staff: Mark Harmon, General Services Director Laura Detweiler, Recreation & Senior Services Director Teri Craig, Admin Asst Chair Brown announced that he had gone to the CPRS District 10 Award Dinner and noted that the Commission should be extremely proud of the Recreation & Senior Services Department as they received several awards and that Director Detweiler had been surprised to receive the Coveted Leadership Award. He also noted the City Manager Dave Kiff and Mayor Curry and his wife had been there as well to see her receive the award. Director Detweiler commented that she had been surprised to receive the award and noted that she was very lucky to work in the City of Newport Beach along with such wonderful staff. She noted that she was honored to lead this professional group of people. DIRECTORS COMMEN'T'S Director Detweiler stated that OASIS project was moving along; irrigation would be going in and that the facility should be at a point within the month that it can be locked down. She reported that staff should be moving sometime in August with a soft opening of the facility in September and that the tentative dedication day is scheduled for October 9 from 2 -51)m. Director Detweiler stated that the furniture contract will go before Council on June 8. She announced that the Coastline College Senior Emeritus Program would no longer be free due to budget cuts but hoped to keep the program up and running at a low cost. Director Detweiler stated that at the annual track meet the City hosted 400 children at the CdM High School and noted that many parents had commented on how well run it was. She thanked her youth sports staff for a job well done. Director Detweiler stated that staff and in particular Recreation Coordinator Skahan has done a great job in bringing the City facilities up to a good level through project improvements. Recently, the theater and West Newport Community Center had been painted with Caroll Beek next on the list for improvements. Director Detweiler announced that the Commission will receive an invitation to the Civic Center & Park Groundbreaking on May 11 at 11am. Director Harmon stated that as a follow -up on the fire pits that he had contacted the Risk Manager regarding claims. He announced that the City has on record one claim in 1991 of a 3 year old burned feet incident in which a summary judgment was given on the basis that the parent should not have let the child play around the pit. Director Harmon noted that he consulted Public Works Director regarding lighting of Pirates Cove who stated anything done at that location may require approval from the Coastal Commission. Discussion ensued regarding fire pits and Pirates Cove. Parks, Beaches it Recreation Commission May 4, 2010 Paee 2 PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes of April 6, zolo regular meeting. Commissioner Anderson asked that the minutes reflect that that he had made the motion to approve item 9. 2. Park & Operations Division Activity Report. Receive /file monthly Activity Report for activities and upcoming projects. 3. Recreation & Senior Services Activity Report. Receivejfile monthly Activity Report for activities and upcoming projects. 4. Tree Donation. Approve tree donation of Recreation & Senior Services Department to be located at Grant Howald Park at CYC. Motion by Commissioner Anderson to accept Consent Calendar items 2 -4 and item t as amended. Motion carried by acclamation. Corona del Mar State Beach Enforcement — Director Detweiler stated that staff had met with Police, Park Patrol and Lifeguards regarding parking control and enforcement issues at the beach. She stated that Park Patrol hours have been increased and that it was a good meeting opening up the lines of communication and that progress is being made. She noted that Park Patrol would be at beach 4 days a week beginning Memorial Day; time and days will change as necessary. She went on to say that the cards have been effective in educating folks as they come onto the beach regarding barbecues and tent structures. Director Detweiler introduced Police Lt. Morton to the Commission. Lt. Morton stated that his job is the Patrol Watch Commander and has been in that job since June 2oo9. Lt Morton is working nights and noted that he is happy to announce that crime is down 20% in CdM due to proactive enforcement. He stated that Andy Querry deserves credit for her work with the Neighborhood Watch program. He reported that this past year his officers issued 844 citations — 444 for staying on the beach after closing; 200 for barbecues and approximately 200 for drinking on the beach. He stated that they have a great working relationship with Park Patrol and appreciate their help and support. He reported that he can actually see the beach from his desk which makes it easier to send patrols out when needed. Lt. Morton stated that he was able to secure funding for increased police foot patrol on Memorial Day and hopefully for Labor Day as well. He went on to say that parking fees will increase soon and that should also deter some problem users as well. Commissioner Hamilton stated that she and her neighbors have noticed a change — tents and barbecues are better as they can actually breathe now. She stated that there is an absence of patrol though from about 7pm until the beach closes. She also suggested that the Police Officers actually use a bull horn to get visitors off the beach after it closes or begin ticketing. Lt Morton stated that residents might have an issue with a bull horn and it could cause visitors on the beach to start running towards their cars and in the dark which could cause some accidents. He stated that his marching orders to his officers are to get them off the beach at iopm but reminded the Commission that this also depends on call load. He stated that his officers are doing their best. Discussion ensued regarding Segways and dogs on the beach. Chair Brown opened the public discussion; seeing none the public discussion was closed Chair Brown thanked Lt Morton for his insight and support especially as we move towards the summer. Parks, Beaches & Recreation Commission May 4, 2010 Paee 3 CURRENT / NEW ITEMS 6. Change of City Street Tree Designation. Director Harmon stated over a period of time, several City trees have been removed on Heliotrope Avenue (200 -300 blocks), due to storm related incidents, insect infestations and disease. Staff proposes that the PB &R Commission forward a request to the City Council to change the street tree designation for Heliotrope Avenue from a Japanese Black Pine to either all or one of the following tree species - Kentia Palm tree - Hong Kong Orchid tree - New Zealand Christmas tree He stated that these trees should help mitigate any future insect and disease problems and perform well in this location. He noted that the trees are suitable for a 3 feet growth space tree well. He said that as trees are removed or reforested that this will provide the homeowner a choice of one of these species once City Council has amended change of Council Policy G -6. Chair Brown opened the public discussion Frank Vranancar stated that over the last 15 years the City has systematically removed trees but not always replacing them — he stated that the street is bare and that trees are needed and wanted on the block. He stated that he was concerned about using the New Zealand Christmas tree because and it could have view issues in the future. Pat Vranancar stated that many trees on the block were planted in the 1920's and that there is a variety of tree species on the block. Tracy Baltera reported that a lot year old Majestic Monterey was removed because the City decided that a curb needed to be replaced. She stated that when she moved to her home 20 years ago that one of the reasons they selected their home was because of all the trees and that trees provide oxygen; now most of the trees are gone. She went on to say that the Kentia. Palm tree is ugly and suggested that a pine tree be substituted for the palm tree. Mark Lynam stated that there really is no uniformity on the street and that he has concerns that these species will have to be thinned because of view issues in the future — specifically the palm. He asked if the ficus trees would remain. Chair Brown closed the public discussion Director Harmon stated that trees will not be removed just because of the species and that they have to be removed in accordance with G -t. He stated that only diseased trees will be removed and that they are trying to put more trees in the neighborhood. He went on to say that he has heard from members of Council and homeowners that it would be helpful to have a choice instead of just one designated tree per street. He stated that the Hong Kong Orchid and New Zealand tree would get as high as 20 feet and the Palm, 40 feet. Discussion ensued regarding view and choice issues. Motion by Commissioner Lugar to forward their recommendation to City Council that the designated street tree for the 200 -3oo block of Heliotrope be changed from the Japanese Black Pine to the Kentia Palm tree, Hong Kong Orchid tree and the New Zealand Christmas tree. Motion carried by acclamation. 7. Reforestation Request. Director Harmon stated staff received a request for reforestation of two Brazilian Pepper trees from Sandra Ayres at 2800 Cliff Drive. He went on to say that this request is from an individual property owner not residing within a legally established community association. The G -t states that a property owner may submit a request with a petition signed by a minimum of 6o% of property owners within the area defined for reforestation. He stated that the property owner's area Parks, Beaches Et Recreation Commission May 4, 2010 Page 4 included a total of 20 property owners and required 12 signatures in favor of the reforestation request of which ig were obtained. He went on to say that the property owner has complied with the requirements of G -1, and will assume the full cost of the removal and replacement of the City trees. He went on to say that these trees are showing signs of disease and like the ficus are simply te- the wrong species for that environment. Discussion ensued regarding species and types of trees. Chair Brown opened the public discussion, seeing none the public discussion was closed. Motion by Commissioner Marston to approve the request from Sandra Ayres at 2800 Cliff Drive of the reforestation of two Brazilian Pepper trees to the designated Strawberry tree. Motion carried by acclamation. COMMITTEE REPORTS — Parks — Nothing to report. RSS — Nothing to report. Budget— Nothing to report Communes Service Award —Nothing to report. AD-Hoe —Youth Sports Liaison — Nothing to report. — Marina Park — Commissioner Garrett stated that he had gone a meeting last month and reported that there is an element within the City that want the trailers moved now and grass be planted until the full project is realized which he some opposition with. He stated that he will continue to attend meetings and will update the Commission as new information develops. Director Detweiler reminded the Commission that the Marina Park EIR will be on the City Council agenda on May u. Commissioner Lugar asked if the access road to Sunset Ridge had been approved. Director Detweiler stated that City Council had approved that issue. FUTURE AGENDA ITEMS The following is a compilation of future agenda items discussed tonight and in the past: • Review of G -t Policy • Pirates Cove Lighting — Commissioner asked Director Harmon to come up with a list of steps that will need to be taken to move forward on this issue. ADJOURNED (& 8: t4um Submitted by: Teri Craig, Admin Assistant TO: FROM: PB &R Commission Agenda Item No. r June 1, 2010 Parks, Beaches and Recreation Commission Parks and Trees Maintenance Superintendent and Operations Support Superintendent SUBJECT: May Parks, Trees, and Operations Division Activity Report Parks Maintenance Division Activities 1. Parks Maintenance Division staff continues working with the Public Works Department on numerous projects in the planning and construction phases. Projects currently underway: o Oasis Senior Center • River Avenue Pedestrian Coastal Access Improvements • Corona del Mar State Beach/Breakers Drive Landscape Corona del Mar State Beach/Breakers Drive Landscape • Eastbluff and Bonita Creek Reclaimed Water Retrofit • Westcliff Drive and Avocado Medians • Parking Lot Pay Stations • West Newport Park Landscape Improvements Projects that are in the planning phases: • Sunset Ridge Park • Marina Park • City Hall • China Cove Slope Stabilization o Bristol Street North Landscape o Avon Tree Planting o Jamboree Road Widening 2. Phase I at Irvine Terrace Park was recently completed and irrigation upgrades are currently underway. The new retrofit improved the overall irrigation coverage, thus saving our valuable water resources, while maintaining a lush appearance. The Parks Maintenance Division staff will begin over - seeding and renovations this summer without impacting park visitors who frequent the sidewalks and adjacent turf areas. The soccer field renovation project was recently completed for the upcoming soccer season at Bonita Canyon Sports Park, Mid -Park. Through joint cooperation and funding from the Newport Mesa Soccer Club, the Parks Maintenance Division coordinated the project, which included the following work: patching with sod, leveling with sand and organic mix, and over - seeding. The field is scheduled to re- open in July. Trees Division Activities During the month of April, 803 trees were trimmed, no trees removed, 20 trees planted and crews responded to 8 emergency tree calls. The City's tree services contractor, pruned trees within the Newport Coast and Eastbluff areas, as part of the City's overall grid trimming schedule. Additionally, the annual pruning of selected Eucalyptus and Ficus trees is currently taking place throughout the City. The attached Tree Activity Report summarizes requests and field activities performed during the past months. Beach Maintenance Activities Staff members and local business owners have noticed the recent show of Mother Nature's strength and power in the sand erosion process along the local shorelines. Even though some: erosion is expected during the winter months, last week's surf and high tide events eroded a large amount of sand away from the beach between the Newport Pier and Dory Fleet. The pictures show a historical view of the Dory Fleet with sand flush to the level of the ramp and the current condition, with a four - to five -foot drop from the ramp to the level of the beach. Before Current Department staff is working closely with the Public Works Department on implementing an emergency repair plan in order to import sand to build up the area. 2. The Storm Drain Maintenance Crew is in the process of reinstalling 435 inlet guards in front of catch basins throughout the city before Memorial Day. The inlet guards have proven to be one of the best structural improvements in the City's effort to keep trash and other debris from entering into our harbor and ocean waters. The program, which was implemented eight years ago, is used in areas of high profile pedestrian traffic, such as Balboa Island, Balboa Boulevard, and portions of Coast Highway. 3. The oceanfront sidewalks and retaining walls along Newport Peninsula are being cleared of mounded wind -blown sand. This maintenance program prevents wind- blown sand from inundating the oceanfront properties, sidewalks, and street -ends during the periods of high winds. The pictured front -end loader is utilized in order to complete the project in a timely manner. Crews also utilize hand tools and pay special attention to ensure that no native plants or sand dunes are disturbed. Homeowners requiring wind -blown sand removal are responsible for filling out and signing a "WAIVER OF CLAIMS FOR DAMAGES" form, which is available on the General Services website or by calling (949) 644 -3055. 4. Storm Drain Division staff has picked up the temporary pumps and hard line piping, since the rainy season is over. The pumps are used when rains and high tides occur simultaneously, and are stationed at the usual trouble spots 38`" Street/Lake, and 30' Street/ Lafayette. Additionally, sixteen mobile Centrifugal pumps are shuttled by field crews in the low lying areas of Balboa Island and Newport Peninsula during rain events in order to help reduce street flooding. The pumps have been serviced and stored in preparation for next year. This winter season resulted in 14.25 inches of rain being captured in the City Corporation Yard Rain Gauge. 5. General Services Department staff will be working approximately 400 scheduled overtime shifts during the busy summer season. Staff performs additional clean- up efforts in the following areas: street sweeping, restroom sanitizing, beach grooming, emptying trash receptacles, litter picking, shoveling fire rings or steam cleaning piers in the early morning hours or operating and monitoring the City's extensive tidal valve during the evening hours. Even though these activities are never seen by the public, they are essential in keeping the City safe, clean, presentable and aesthetically pleasing for area residents and visitors. The Division becomes a seven day a week operation in order to meet the demands of the active summer season. 6. The Beach Maintenance Division's early morning maintenance activities will continue on weekends through Labor Day, at which time will be scaled back as needed. Additionally, high tides series that necessitate tidal valve operation and monitoring will be switched back to the early morning hours beginning in October. 7. Supplemental contract cleaning of beach area restrooms commenced on Memorial Day weekend and will continue through mid September. See attached General Services Department, Activities Report for April 2010. SuNiftkned by: Dan P. Sereno Parks and Trees Maintenance Superintendent Jim Auger Operations Support Superintendent Attachments: (A) Tree Activity Report 2009 -2010 (B) General Services Department, April 2010 Activities Reports �gNc a 4 All w M O IlJO' b M 9aJ� r � J9ay O Q 0 Q�aaa m 9 o N J Q Q 0 o O LO H 0 9o"'I 0 0 0 J n O O O 0 y N ,b r 0 1 O O M r O �gNc a 4 All w M O w M r O o 0 0 0 m 0 0 m 0 N O LO o 0 0 0 0 0 0 n M O O 0 N N O r I 1 O O M r O O O O N n O O N O I Cl Cl 0 0 0 0 M O O n o 0 0 0 N O O O O y fp > E a) c > E CL ~ N > O Q7 H N > E a) ir a7 O rl >, U rn N E C a) a) H N N a`) o a W H CL ol d O O> y Ta O E O F- r M a O O r o o N m o o O LO o 0 0 0 0 0 0 O N N O r I 1 Cp O O O (D O O O r v o o au o 0 0 M O O O -y5 fA a) > N cr CL N a) c c a O O .0. � FL a5 o R 0 m m A O p E A"a 0 `0 m 006 =Nm i =m = d Q m � � C � R w;v 3ov N A N V O �o N n E� m OM M93 E m .o y m d p 2 O 0 a as CL m p to y a m..R `' 4) � � r y > W p y r O d c E .22 C y O d 0 N °�E ` w dn� o m Ooh General Services Deparmient Parks and Trees Division Fiscal Year 2009 -2010 Claim Removals Problem Tree Removals 1701 General Services Department Activities Report -A ril2010 This Month This Month Last Year Total To Date TTD Last Year AsphaltlConcrete Street Patching (Tons of Blacktop) 491 238 2,704 3,318 Sidewalk Repaired (sq. ft.) 5,504 4,461 42,190 40,844 Curb & Gutter Replacement (lin. ft.) 140 461 2,328 3,881 Sweeping, Beach Cleaning, Demo Materials (tons) 339 335 4,008 3,760 Asphalt/Concrete Recycled (tons) 532 220 3,216 4,116 Signs & Traffic Markings Signs Made 184 2,325 5,470 14,021 Signs Installed 236 199 1,938 2,090 Decals 67 1,367 2,508 2,538 Special Purpose Signs/Banners Made 296 71 525 482 Street Striping (lin. ft.) Added /Replaced 2,556 542 21,224 221,041 Pavement Markings (including reflective) 33 13 414 803 Parking Stalls 94 1 232 390 Curb Painting (lin. ft.) 3,908 775 71,468 26,844 Thermoplastic (lin. ft.) 0 120 14 10,420 Sign Posts Installed 23 39 229 274 Graffiti '. Graffiti Incidents Removed by Staff 28 7 149 157 Graffiti Incidents Removed by Contractor 305 96 1,204 816 Refuse Collection Residential (tons) 2,763 2,689 28,224 29,481 Liquid HazMat Incidents 22 7 194 63 E -Waste Incidents 19 9 189 156 U -Waste Incidents 10 4 111 46 Recyclables (tons) 1,155 1,114 11,909 12,717 Trees Trimmed by Staff 13 90 818 1,216 Trimmed by Contractor 803 572 8,825 7,192 Removed 0 9 96 139 Planted 20 0 101 147 Roots Pruned by Contractor 7 0 40 103 Roots Pruned by Staff 16 17 1 122 200 Automotive Repairs 295 277 2,805 2,661 Preventive Maintenance Completed 78 53 726 714 PM Labor Hours 152 122 1,596 1,585 Beach Maintenance Beach Area Refuse (tons) 87 86 1,024 973 Beach Debris (tons) 44 64 1,708 1,285 Sweeping/Storm Drain Gutter Miles Swept 4,482 4,935 43,422 43,649 Sweeping Debris (cubic yards) 532 478 51198 4,971 Storm Drain Debris (cubic yards) 59 54 741 874 Item 3 June 1, 2olo Recreation Services Monthly Activities Report To: Parks, Beaches & Recreation Commission From: Sean Levin, Recreation Superintendent Re: Recreation Division Monthly Activities Report PREPARING CONTRACTORS FOR A SUCCESSFUL SUMMER Over 5o contract class instructors attended the Annual Instructor Appreciation Dinner & Meeting at the Newport Coast Community Center on May 12. The meeting provided instructors with the opportunity to meet with City Staff, gain valuable tips and tools to help their programs succeed in Newport Beach, learn about ongoing projects and review City policies and procedures. This year, four contractors were recognized for their outstanding Newport Beach, • Terie Hanson has been teaching infant, toddler, and prescho< for 26 years at the Carroll Beek Community Center. She is now children of parents who once took her class 20 years ago. • Robert Conrad has been providing acting lessons and l students for their on- screen roles in. featured plays he pro Newport Beach for 29 years. • Sally Stanton began teaching Disco Dance Fitness Classes in i( the past 32 years, her classes have evolved with the generational trends and she now teaches Aquacize and Dance Fitness Classes at the Community Youth Center. Sally's classes are a favorite amongst Corona del Mar residents, as seen with the retention of the participants. Several of the participants have enjoyed the social aspects and reaped the benefits for over 20 years. • With 37 years of service in Newport Beach, Scott Morlan has made a name for himself at the Newport Beach Pier as the Original Surf Camp in Newport Beach. Scott began teaching surf lessons in 1973, only seven years after the release of the Endless Summer, one of the most influential surf movies. As the surfing craze increased in popularity and the competition amongst surf camps increased, Scott formed a company dubbed "Endless Fun Surf." Scott's passion for surfing, the love of the ocean, and his zest for teaching continue and participants enjoy his laid- mentality. service years providing classes in NCCC WEEKEND RENTALS � - " Staff at the Newport Coast Community Center had a full weekend with several special events and private rentals. On May 15, NCCC hosted three events: a non -profit meeting, a swing concert put on by the OASIS Senior Center, and a wedding, in addition to regularly scheduled classes. The estimated attendance was 400 people for the three events on Saturday. Sunday included a large private rental that took place with 15o people in attendance. NEWPORT BEACH STRIKES GOLD IN TRACK & FIELD The 44th Annual Frank E. Anderson Memorial Newport- Balboa Rotary Club and City of Newport Beach Track and Field Meet of Champions was held on April 16 at Corona del Mar High School. Over 420 youth ages 7 through 15 participated in the annual event. An incredible 105 of those 420 participants were also award winners at the Southern California (SCMAF) Orange County Track championships held May 2 at Laguna Hills High School. The Newport- Balboa Rotary Club celebrated these outstanding individual achievements of 20 of the participants at their recent meeting on May 2. The award winners and their families were treated to dinner and received special medals from Newport's Sister City of Okazaki, Japan at the banquet. The Rotary Club has sponsored the City's Youth Track Meet since 1982, currently donating $2,500 to each year to help with the cost of t- shirts and awards. In addition, the club provides approximately 25 volunteers to help run the meet. SUMMER CAMP REGISTRATION SHOWS NO SIGN OF A SLUMP ECONOMY With nearly two months remaining in the school year, over 2100 participants have enrolled in Newport Beach summer camps. Residents have been taking advantage of the early bird registration discounts with camp revenue 15% higher than it was last year at this time. Staff credits the marketing efforts, including the Summer Special Brochure, campnewport.com, Camp Newport Expo featured at the Spirit Run, and the booth at the OC Marathon Kids Expo for the spike in camp revenue. NEWPORT BEACH FIRE DEPARTMENT VISITS PRE- SCHOOL 1011 The Fire Department made special visits to Pre- School io1 the week of April 26. Jen Schulz educated the children on safety and what to do in the event of an emergency such as a fire. The children learned a lot from her presentation. The children also got a surprise visit from the firemen in the big Fire truck. The firemen gave them a tour of their big red truck and explained their special equipment and clothing to keep them safe from flames and smoke. A BIG THANK YOU to the Fire Department! Aoumics A Aquatics Training Academes - Saturday, May 1 was the first day of the Newport Beach Aquatics Training Academy. The trainings take place at the Corona del Mar High School. Recreation Supervisor Adam Leu and Community Services Coordinator Jen Priest from the City of Irvine taught the to trainees first aid, CPR, proper AED use, swim lesson instruction, and lifesaving techniques. The remainder of the training academy took place on Saturdays and Sundays throughout the month of May in preparation for the busy summer season. Spring Swim Lessons Kick Off! - Spring swim lessons began May 1 as well and were completely full! Lessons for ages 3 years and up were provided by qualified City aquatics staff, and will continue to run for three additional Saturdays at the Corona del Mar High School. These private swim lessons offer one -on -one instruction with aquatics staff in water entry, floating, freestyle swimming, butterfly kick, and a variety of swimming strokes based on individual levels. NEWPORT COAST COMMUNITY CENTER HOSTS ECO -FAB The Inside the Outdoors Foundation utilized the Newport Coast Community Center on May 1 to host an eco- friendly fashion show, environmental awards presentation, and a gourmet dinner for over 200 guests. BUFFALO HILLS PARK As part of ongoing playground maintenance, staff replaced hand rails, teeter totter parts, swing beams, swing hardware and seats at Buffalo Hills Park. This has given this 13 year old playground a new life and a new life expectancy for years to come saving the City in long term replacement costs. FACILITY RENTALS During the period of April 16 —M9Y1S 2010 there were: • 20 Picnic/ Park Area Rentals • 19 Room Rentals • 20 Field Rentals • 20 Gym Rentals Park Patrol Requested calls are assigned visits by staff or schedule or phone requests. Customer Contacts are the number of times they stopped and spoke to customers other than requested calls. Due to the timing of the meeting, these monthly summaries will be two months behind (i.e. in June you will receive April summary) During the month of April Park Patrol had the following number of contacts: 1. Requested Calls • 90 with Youth Sports Groups • 91 Field related issues /checks • 9 Park /Picnic /reservation issues /checks • 107 Community Center issues /checks • 77 Playground checks • 16 other • 2 Pre -event checks • 1 Post -event checks 2. Public Contacts • 3o education • 3 alcohol • 57 dog related Written Warnings Issued- o Citations Issued- o SPECIAL EVENT PERMITS As of May 15, 2010, there were 93 Special Event Permits processed and issued for the year. Those events of note for this period were: Newport Beach Film Festival — Newport Beach Theaters — 4/22 -29 — Attendance 2500 March for Babies — Fashion Island — 4/25 — Attendance 5000 OC Marathon — Fashion Island — 5/2 — Attendance io,000 Volcom Surf Contest — 54"' Street — 5/13 -16 — Attendance i000 Field of Honor — Castaways Park 5/13 -16 — Attendance l000 rd Senior Services Monthly Activities Report To: Parks, Beaches & Recreation Commission From: Celeste Jardine -Haug, Senior Services Manager Re: Senior Services Division Monthly Activities Report OASIS SENIOR CENTER HAPPENINGS 4 OASIS Casino Night - The Friends of OASIS held their annual Casino Night on April 25 and it was a great success raising approximately $7,000. A good time was had by all and many guests went home winners. The community whole heartedly supported this fundraising event by donating over loo raffle items. This year's Casino Night was held at the Newport Coast Community Center, a fabulous venue; but everyone is looking forward to attending the event next year at the new OASIS. 46 The New OASIS - OASIS staff is busy ironing out all the details involved with moving into a new building. Many sample pieces of furniture have been delivered for the seniors to test. Staff has been visiting furniture showrooms; and testing many makes and models to find the perfect make, match and color for the new Center. All this and continuing to keep classes running for the senior has made this a very busy spring with an even busier summer to come! April 2010 - OASIS UTILIZATION REPORT PARTICIPANTS ATTENDING RECREATIONAL CLASSES PERSONALIZED SERVICES PROVIDED 7,932 CUSTOMERS 1,791 CUSTOMERS 2,321 CUSTOMERS Includes: 'includes meals on - VOLUNTEER HRS. Blood Pressure 41 Information /Referral 1280 Counseling- persons 40 Legal Assistance 4 Eldercare 0 Senior Assessment(hrs) 35 Employment 20 Telephone Reassurance 284 H1CAP 7 Visual Screening 3 Housing counseling 32 Transportation Info 500 Taxes 75 SENIORS RECEIVING TRANSPORTATION SERVICES 1,351 RIDERS Care -A- Van/ Shuttle CUSTOMERS RECEIVING NOON MEALS AT THE CENTER" 'includes meals on wheels VOLUNTEER HRS. OF SERVICES PROVIDED AT THE CENTER Includes: Kitchen Et Home Delivered Meals Front Office Travel Office Gift Shop Library Instructors President Treasurer Vice President Bookkeeper Taxes 1.935 CUSTOMERS 625.00 HOURS (`equiv. to 9 full -time employees) PARTICIPANTS IN FRIENDS OF OASIS TRAVEL/ SAILING CLUB Day Trios Sailing Club- Sailors Madame Tussauds 20 OASIS III Harrah's Casino 57 OASIS IV Bungalow Heaven 38 Lone Trios SPECIAL EV ENTS /SCREENINGS /LECTURES Big Band Seminar 70 Trail Trekkies 19 OASIS Golfers 134 Computer Friends 35 UCI Lecture 21 255 CUSTOMERS 76 64 279 PERSONS 2 r Item #4 June 1, 2oio Recreation & Senior Services Department To: Parks, Beaches & Recreation Commission From: Matthew Lohr, Recreation Manager Steve Koudelka, Police Lieutenant Re: CONSIDERATION OF AN ORDINANCE CHANGE AMENDING SECTION 7.04.030 OF TITLE 7 OF THE NEWPORT MUNICIPAL CODE PERTAINING TO DOGS RECOMMENDATION PB &R Commission consider recommending that the City Council amend Section 7.04.030 of Title 7 of the Newport Beach Municipal Code to change the hours dogs are not allowed on the beach from: 9:00am to 5:00pm to 10:00am to 4:30pm BACKGROUND Prior to 1989 the City of Newport Beach Municipal section 7.04.030 prohibited animals on public beaches during summer months (roughly June through September) between the hours of 9:00am to 5:00pm. In 1989 the ordinance was amended to prohibit animals on public beaches every day of the year between the hours of 9:00am to 5:00pm. Sufficient confusion on the public's part as to when animals were allowed and not allowed on the beaches prompted staff and the sitting City Council to amend the ordinance. DISCUSSION Upon request from a small group of residents, Recreation and Senior Services met with staff from the Fire Department Beach Lifeguards, Police Department Animal Control and local dog owners to discuss changing the hours that dogs are allowed on the beach. These residents requested additional time that dogs could be on the beach to all day between the months of September and May. Of additional concern for this group are the winter months of November and December where the days are shorter and minimal daylight allows for dog walking under the current ordinance. When staff discussed changing the times as requested, the following issues were presented by Fire and Police Departments regarding changing the ordinance. In reviewing this issue it was insightful to interview City Police Animal Control Officers. All concurred that the reason this ordinance was amended in 1989 was due to the many citizens that had been ticketed on the beach in violation of this ordinance. The Animal Control Officers stated that most citizens found to be in violation had a misunderstanding about the ordinance that centered around the months that animals were and were not allowed on public beaches. Staff and City Council sought to clarify the ordinance by simplifying it to read: "No animals allowed on public beaches any day of the year between the hours of 9:00am to 5:00pm." The ordinance was revised to reflect this clarification and has stood since 1989. CONSIDERATION OF AN ORDINANCE CHANGE AMENDING SECTION 7.04.030 OF TITLE 7 OF THE NEWPORT MUNICIPAL CODE PERTAINING TO DOGS Page 2 One would be correct in assuming that our winter climate is not often uncharacteristically warm, but there are more than a few weeks each winter in which this area is under the affect of a Santa Ana condition or another weather system that pushes the temperatures into the 80's on a winter day. Public beach populations swell and as the ordinance allowed animals on the beach during the day in the winter, conflicts between the animals and beachgoers would arise. Fights between animals also occurred. Beachgoer complaints of animal urination and defecation were common and more hours had to be spent by officers in patrol of the beaches during winter time warmer weather. A review of the Police Department's Animal Control enforcement activities for the year 2009 revealed that animal beach violations account for 48% of all animal control citations for that year. Specifically, violations addressing animals off leash and on the beach account for 26.5% of cite activity, while animals on beach during prohibited hours made up for 21.2% of all citations by this unit. These statistics are important due to the fact that they occurred under the City's post 1989 ordinance which is more restrictive in nature. An increase in hours that dogs are permitted on the beach would place greater demands on enforcement staff to manage the activity and minimize violations for the enjoyment of beachgoers. To provide City Staff and Council with comparison data, several Orange County coastal communities were contacted to ascertain how their ordinances treat this issue. A synopsis of that data follows. Cities prohibiting animals on public beaches year round: • Dana Point • San Clemente • Seal Beach • Huntington Beach Cities allowing dogs on beaches year round under certain conditions: • Laguna Beach - Animals not allowed on beaches between the hours of 8:00am to 6:00pm from June 15 to September 16. Animals must be leashed at all times. Animals not allowed in play equipment areas on beaches at any time. Throughout the years certain environmental concerns have surfaced over this issue, not the least of which relates to the amount of animal waste that is deposited upon and into the sand of public beaches. A portion of this waste can be monitored in the form of pet owners picking up after their pets. However, as one can imagine, any liquid waste is unrecoverable and resides in the sand until diluted by the environment. One other environmental concern is that of the Snowy Plover bird that has as its habitat salt water sand environments and the effects animal intrusion might have on that species' habits. As our ordinance is concerned, however, the habits of this bird might be disturbed anytime animals are allowed on the beaches. It is of no consequence as to time of year or time of day that animals are allowed on the beaches for this to occur. It is noteworthy, however, that the Snowy Plover lays its eggs in early May. Our prior ordinance would have allowed animals on the beaches during this month. Y CONSIDERATION OF AN ORDINANCE CHANGE AMENDING SECTION 7.04.030 OF TITLE 7 OF THE NEWPORT MUNICIPAL CODE PERTAINING TO DOGS Page 3 Understanding that the winter months of November and December provide for very little daylight for dog walking on the beach, staff collectively agreed that adding an hour in the morning and a half hour in the afternoon would provide for greater access with daylight and not be cause for great concern with beach crowds gathering at this time. Consistency with the schedule for when dogs are permitted on the beach is and remains of utmost importance for enforcement purposes and the basis of staffs recommendation. PUBLIC NOTICE Staff sent out an E- Select Alert to residents regarding the proposed change in hours and was posted on the City's website (this needs to be confirmed as to all the ways we can get the word out legally without having to do a mailing. Attachments: A. Ordinance No. 96 -29 B. Copy of E- Select Alert C. City Council Study Session Report dated February 28, 2006 F:IUsersIRSSISharedlRecreation Division DOCUMENTS & FORMSIPB &R reports/dogs on the beach staff report Chapter 7.04 DOGS* Page I of 5 For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. Dog. The term "dog" shall mean and include any canine. (Ord. 2008 -12 § 2, 2008:1949 Code §§ 4100, 4101, 4102) 7.04.020 Leash Required. No person having the care, charge or control of any dog shall cause or allow, either wilfully or through failure to exercise due care or control, such dog to be present upon any beach, street, alley, or public place, or upon any private property or premises other than his or her own without written consent of the owner or lessee of such land unless such dog is securely restrained by a substantial leash or chain not exceeding six feet in length and controlled by a person competent to restrain such dog. This section shall not be construed as allowing dogs on leashes in the areas from which dogs are prohibited as designated by Sections 7.04.025, 7.04.030, and 7. 4.050. (Ord. 89 -8 § 1, 1989: Ord. 1230 § 1, 1967: Ord. 796 (part), 1956: 1949 Code § 4107) 7.04.025 Prohibited on School Grounds. No person having the care, charge or control of any dog shall cause or allow, either wilfully or through failure to exercise due care or control, such dog to be present on or in any public school property other than when specifically invited by the school administration. The prohibitions contained in this section shall not be applicable to any guide dog while being used by a blind person provided that the dog is on leash, carries clearly visible identification, and the person in charge has an official identification card issued for such purposes. (Ord. 89- 8 § 2, 1989) 7.04.030 Animals Prohibited on Public Beaches. http: / /www.codepublishing. comICAINewportB eachlhtmUNewportB each07lNewportBQac... 05/24/2010 Chapter 7,04 DOGS* Sections: 7.04.010 Definitions. 7.04.020 Leash Required. 7.04.025 Prohibited on School Grounds. 7.04.030 Animals Prohibited on Public Beaches. 7.04.050 Dogs Prohibited. 7.04.055 Penalty. 7.04.060 License Required— Fees — Terms, 7.04.061 Unauthorized Removal of Tag. 7. 4.0TO Vaccinations. 7.04.080 Improper License Tagging. 7.04.100 Biting Dog— Report— Custody and Control. * Impounding —See Chapter 7.16. 7.04.010 Definitions. For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. Dog. The term "dog" shall mean and include any canine. (Ord. 2008 -12 § 2, 2008:1949 Code §§ 4100, 4101, 4102) 7.04.020 Leash Required. No person having the care, charge or control of any dog shall cause or allow, either wilfully or through failure to exercise due care or control, such dog to be present upon any beach, street, alley, or public place, or upon any private property or premises other than his or her own without written consent of the owner or lessee of such land unless such dog is securely restrained by a substantial leash or chain not exceeding six feet in length and controlled by a person competent to restrain such dog. This section shall not be construed as allowing dogs on leashes in the areas from which dogs are prohibited as designated by Sections 7.04.025, 7.04.030, and 7. 4.050. (Ord. 89 -8 § 1, 1989: Ord. 1230 § 1, 1967: Ord. 796 (part), 1956: 1949 Code § 4107) 7.04.025 Prohibited on School Grounds. No person having the care, charge or control of any dog shall cause or allow, either wilfully or through failure to exercise due care or control, such dog to be present on or in any public school property other than when specifically invited by the school administration. The prohibitions contained in this section shall not be applicable to any guide dog while being used by a blind person provided that the dog is on leash, carries clearly visible identification, and the person in charge has an official identification card issued for such purposes. (Ord. 89- 8 § 2, 1989) 7.04.030 Animals Prohibited on Public Beaches. http: / /www.codepublishing. comICAINewportB eachlhtmUNewportB each07lNewportBQac... 05/24/2010 Chapter 7.04 DOGS* Page 2 of 5 A. No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any ocean front beach or ocean front sidewalk or on any bay front beach between the hours nine a.m. to five p.m. B. No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any ocean front beach, ocean front sidewalk, bay front beach or bay front sidewalk unless that person has, in his or her possession, an implement or device capable of removing any feces deposited by the animal. C. The provisions of this section shall not be applicable to: 1. Any animal enrolled and participating in obedience classes offered by the Community Services Department of the City or in any show for which the City has issued a special event permit; 2. Any guide dog while being used by a blind person or any dog being trained to be a guide dog for the blind pursuant to a recognized program of training provided the dog is on a leash and the person in charge has an official identification card issued for such purposes; 3. Any blind person. (Ord. 96 -29 § 1, 1996; Ord. 95-41 § 1, 1995: Ord. 89 -8 § 3,1989: Ord. 1410 § 1, 1971: Ord. 1386 § 1, 1971: Ord. 796 (part), 1956: Ord. 662:1949 Code § 4107.1) 7.04.050 Dogs Prohibited. A. No person shall permit or allow any dog on any public pier or dock. B. No person shall permit or allow any dog in the Balboa Island Park, which is a public park located on the west side of Agate Avenue between Park and the alley north of South Bayfront on Balboa Island. C. No person shall permit or allow any dog to enter or remain on the playground, basketball courts, or fenced in grass areas immediately surrounding the basketball courts and playground at the 38th Street Park, which is a public park located at Balboa Blvd. at 38th Street, Newport Beach. D. The provisions of this section shall not apply to any blind person using a guide dog provided the dog is on a leash. (Ord. 2001 -9 § 1, 2001: 1949 Code § 4109) (Ord. No. 2009 -3, § 1, 1 -27 -2009) 7.04.055 Penalty. It shall be unlawful for any person to violate or fail to comply with the provisions of Sections 7.04.020, 7.04.030, or 7.04.050 of this Code. Any person violatng or failing to comply with any of the provisions of said sections shall be guilty of an infraction. Any person convicted of violating or failing to comply with any of the provisions of said sections shall be punishable by the fines as is specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts. (Ord. 89 -8 § 5,1989: Ord. 88 -9 § 1, 1988: Ord. 1659 § 1, 1976) http:// www. codepublishing .com/CA[NewportBeachlhtmUNewportB eachO7lNewportBeac... 05/24/2010 Chapter 7.04 DOGS* Page 3 of 5 7.04.060 License Required— Fees— Terms. Every person who keeps a dog older than four months for more than thirty (30) days in the City shall obtain a dog license. The duration of this license shall be the greater of six months or the remaining term of the dog's rabies inoculation, up to the maximum of three years. The fee for the dog license shall be established by resolution of the City Council. License fees are delinquent thirty (30) days after the due date and shall be subject to the payment of a late charge established by resolution of the City Council. With each license, the City shall provide a tag with an imprinted number which shall be worn by the dog when in public. This tag number shall reference the file kept by animal control on each dog which includes: 1. A description of the dog; 2. Owner's name, address, and telephone number; 3. Duration of license; and 4. Duration of rabies inoculation. (Ord. 87 -29 § 1, 1987: Ord. 1720 § 1, 1977: Ord. 1638 § 1, 1975: Ord. 1346 § 1, 1970: Ord. 1260 § 1, 1968; Ord. 1188 § 1, 1966: Ord. 868 (part), 1958:1949 Code § 4110) 7.04.061 Unauthorized Removal of Tag. No unauthorized person shall remove from any dog any collar or harness or other device to which is attached a license tag for the current year or remove such license tag from any dog. (Ord. 1188 § 2, 1966) 7.04.070 Vaccinations. A. Defined. The term "vaccination" shall mean the inoculation of a dog with a vaccine approved by the Orange County Health Department. B. Required. Every person who owns or harbors any dog shall have such dog vaccinated against rabies on or prior to the date such dog reaches four months of age and thereafter at intervals of not greater than two years. A dog may not be licensed prior to vaccination. C. Veterinarian's Certificate. Every duly licensed veterinarian after vaccinating any dog shall sign a certificate in triplicate containing the following information: 1. The name and address of the owner or harborer of the vaccinated dog. 2. The kind and serial number of vaccine used and the date of vaccination. 3. The year, number of dog license tag, and name of City where issued; or, in the event that the dog has not previously been licensed, a notation to that effect. 4. The breed, age, color, and sex of the vaccinated dog. Such veterinarian shall immediately present the original certificate to the owner or harborer of the dog, shall deliver the duplicate copy of the certificate of the Orange County Health http:// www. codepublishing. com /CA/NewportBeachlhtmVNewportB each07t NewportBeac... 05124 /2010 Chapter 7.04 DOGS* Page 4 of 5 Department, and shall retain the triplicate copy thereof. D. Display of Certificate. No person who owns or harbors any dog shall fail or refuse to exhibit the certificate required by this section upon demand of any person charged with its enforcement. E. Importation. Every person who brings a dog into the City, which has not been vaccinatec with the approved vaccine as herein prescribed within twelve (12) months prior to the importation, shall have such dog vaccinated within seven days from and after its arrival in the City. A certificate of vaccination issued by a duly licensed veterinarian from any other jurisdiction for a specific dog establishing vaccination with an approved vaccine may be accepted by the City as evidence of vaccination, providing it be within the interval prescribed by this section. F. Stolen or Counterfeit Certificate. No person shall make use of or have in his possession or under his control a stolen, counterfeit, or forged vaccination certificate or license tag. G. Duties of Health Department. In furtherance of the program of the City for vaccination of dogs against rabies, the Orange County Health Department is authorized to: 1. Approve of such vaccine or vaccines as it may find suitable for such use, promulgate its findings and approval, and file a statement of such findings and approval in the office of the City Finance Department as a public record. 2. Change such findings and approval when as a result of experience, research, practice or tests it finds that a new or different vaccine or vaccines are suitable for such use, and file a statement of such findings and approval in the office of the City Finance Department as a public record. 3. Prescribe the form of certificate to be used by duly licensed veterinarians under the provisions hereof and to distribute such form of certificate to duly licensed veterinarians practicing in this City upon request. H. Exception. The vaccination requirement above shall not apply to a dog where a certificate has been issued by a duly licensed veterinarian doing business in the County of Orange setting forth that the giving of the inoculation would endanger the life of the dog. In such an event, the dog shall be confined at all times within the premises of the owner or within a motor vehicle owned by or under the supervision of the owner of such dog. (Ord. 1188 § 3; October 10, 1966: prior 1949 Code § 4110.5 added by Ord. 868; December 22, 1958) 7.04.080 Improper License Tagging. No person shall attach any current license tag to any dog, which tag was not issued to the dog, or shall remove a tag from any dog the property of another, or shall counterfeit or imitate a dog tag, or attach a counterfeit or imitation tag to any dog. (1949 Code § 4111) 7.04.100 Biting Dog — Report— Custody and Control. Upon receiving a report from any person who has been bitten by a dog, or from any person who has witnessed such occurrence, or has witnessed a dog who has bitten another dog, a Newport Beach Animal Control Officer shall notify the owner, possessor or custodian of the biting dog, in writing. If the Animal Control Officer believes the dog may be potentially http:// www .codepublishing.comICAINewportB each/ htmIlNewportBeachO7 lNewportBeac... 05/24/2010 Chapter 7.04 DOGS* Page 5 of 5 dangerous to the community, he /she may require the owner to keep such dog at all times on the property or premises where such owner, possessor or custodian resides, or on the property or premises of any person to whom the custody of such dog may be given, and to securely hold the dog or cause the dog to be securely held by a leash or other device or means, so as to prevent the dog from wandering, straying or getting beyond the control of its custodian. If the possessor or custodian of such dog cannot provide the Chief of Police with proof of current rabies vaccination or when, in the opinion of the Public Health Officer, the situation warrants it, such dog shall be impounded at the City's animal shelter and the expense shall be borne by the owner, possessor or custodian of such dog, pending a petition pursuant to California Food and Agricultural Code Section 31601 et seq. to have the dog declared potentially dangerous or vicious. (Ord. 97 -19 § 1, 1997: Ord. 1633 § 1, 1980: Ord. 1721 § 1, 1977: Ord. 1685 § 1, 1976: Ord. 1437 § 1, 1972: 1949 Code § 4116) This page of the Newport Beach Municipal Code is current City Webslte: http: / /www.newportbeaclica.gov/ through Ordinance 2010 -6, passed April 13, 2010, City Telephone: (949) 644 -3005 Disclaimer: The City Clerk's Office has the official version of the Code Publishing Company Newport Beach Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. http: / /www.cadepubl ishing. com/ CA/ NewportBeacblhtml /NewporiBeachO7lNcwportBeac... 05/24/2010 �} a.rh_m� PUBLIC NOTICE On Tuesday, June 1, 2010, at 7:00 p.m., In the City Council Chambers (Building A) at 3300 Newport Boulevard, the Newport Beach Parks, Beaches & Recreation Commission will discuss /consider recommending to the City Council that Section 7.04.030 of Title 7 of the Newport Beach Municipal Code be amended to change the hours that dogs are not allowed on the beach from: 9am to 5pm to 10am to 4:30pm If you have any questions, please contact Matthew Lohr, Recreation Manager at (949)6443164 or mlohr@newportbeachca.gov CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT February 28, 2006 mss 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jim Kaminsky, Lieutenant, Tmfflc Services Division SUBJECT: Animals Prohibited on Public Beaches BACKGROUND: Prior to 1989 the City of Newport Beach Municipal code section (7.04.030) prohibited animals on public beaches during the summer months (roughly June through September) during the hours of 9:00 a.m. to 5:00 p.m. In 1989 the ordinance was revised to prohibit animals on public beaches every day of the year between the hours of 9:00 a.m. to 5:00 p.m. Sufficient confusion on the public's part as to when animals were allowed and not allowed on the beaches prompted staff and the sitting council to revise the ordinance. DISCUSSION: In reviewing this issue for Council study it was insightful to interview City Police Animal Control Officers, some of them in their positions since 1977. All concur that the reason this ordinance was revised was due to the many citizens they had contacted on the beach in violation of this ordinance. They stated that most citizens found to be in violation had a misunderstanding about the ordinance that centered around the months that animals were and were not allowed on public beaches. Staff and City Council sought to clarity the ordinance by simplifying it to read, in essence, "No animals allowed on public beaches any day of the year between the hours of 9:00 a.m. to 5:00 p. m:' (emphasis added). The ordinance was revised to reflect this clarification and has stood ever since. Prior to the revision of the ordinance the Police Department Animal Control Officers and regular Officers as well experienced problems with this law during the winter months when the weather, on occasion, would turn uncharacteristically warm for that time of year. Public beach populations would swell and as the ordinance allowed animals on the beach during the day in the winter, conflicts between the animals and beachgoers would arise. Fights between animals also occurred. Ca'.:ncil Staff rle;:.rf — A,lmals On. Public l%acltes re-bmary23 2006 Pago2 Beachgoer complaints of animal urination and defecation were common and more hours had to be spent by officers in patrol of the beaches during winter time warmer weather. One would be correct in assuming that our winter climate is not often uncharacteristically warm, but there are more than a few weeks each winter in which this area Is under the affect of a Santa Ana condition or another weather system that pushes our temperatures into the 80's on a winter day. This occurred just two weeks ago and, as expected, our beach and visitor population Increased well above what it usually is on a normal winter day. If the previous ordinance had still been in existence, animals would have been allowed on the beaches during daytime hours and the issues cited above may have played out once again. A review a the Police Departments Animal Control enforcement activities for the year 2005 revealed that animal beach violations account for 46.2% of all animal control citations for that year.' Specifically, violations addressing animals off leash and on the beach account for 23.3% of cite activity, while animals on beach during prohibited hours made up for 19.9% of all citations by this unit. These statistics are important due to the fact that they occurred under the Cites post 1989 ordinance which is more restricitve in nature. To provide City Staff and Council with comparison data, several Orange County coastal communities were contacted to ascertain how their ordinances treat this issue. A synopsis of that data follows. Cities prohibiting animals on public beaches year round: Dana Point San Clemente Seal Beach Huntington Beachz Cities allowing dogs on beaches Year round under certain conditions Laguna @each — Animals not allowed on beaches between the tours of 8:00 a.m. and 6:00 p.m. from June 1" to September 16s'. Anlmals must ' Violations include ordinances as they relate to anlmalson public beaches. a Animals currcn ly run free on a portion of Huntington City Beach, but there is no slatutory exception to the leash ordinance that allows this. i 1 i i:plmoil J.•ia r ?Eiyn -- nJI:Y'k`li ": Q't `�•Ji }:p: t?3d<;!I:iB �q_ be leashed at all times. Animals not allowed in play equipment areas on beaches at any time. Throughout the years certain environmental concerns have surfaced over this issue not the least of which relates to the amount of animal waste that is deposited upon and into the sand of public beaches. A portion of this waste can be monitored In the form of pet owners picking up after their pets. However, as one can imagine, any liquid waste is unrecoverable and resides In the sand until diluted by the environment. One other environmental concern is that of the Snowy Plover bird that has as its habitat salt water sand environments and the effects animal intrusion might have on that species' habits. As our ordinance is concerned, however, the habits of this bird might be disturbed anytime animals are allowed on the beaches. It is of no consequence as to time of year or time of day that animals are allowed on the beaches for this to occur. It is noteworthy, however, that the Snowy Plover lays U eggs in early May. Our prior ordinance would have allowed animals on the beaches during this month during the day. Prepared by: 1 Jim Kaminsky, Lieu enant Attachment: Ordinance No. 96 -29 as provided by City Clerk's Office H ORDINANCE NO-* 29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7."0301U PERTAINING TO ANIMALS PROHIBITED ON PUBLIC BEACHES. The City Council of the City of Newport Beach does hereby ordaln that certain Newport Beach Municipal Code sections are arnended to read, In full, as follows: SECTION it Section 7.119.030A of Newport Beech Munldpal Code is hereby amended to read as follow: 7.04.030 Animals Prohibited on Public Beaches. A No person having the care, custody, charge or control of any animal shall permit or allow that animal to be on any ocean from beach 2E ocean front sidewalk of on a0Y bay front beach, ep bay hant sidem behveen he hours 9:00 a.m, to 5:00 p.m. SECTION 2: The Mayor shag sign and the City Clerkshall attest to the passage of this ordinance. The City Clerk shag cause the more to be published once N the official newspaper of the City, and g shall be effective thirty (30) days after he adoption. SECTION 3: This ordinance was Introduced at a regular meethg of the City Coundl of he City of Newport Beach, held an the tLlsday of "suet , 1990, and adopted an the 86x11 Augoex ,1998, by the following vote, to wit AYES, COUNCILMEMBERS Otxell, aawexae, repay, Clover, Watt, 11"ges NOES.000NCILMEMBERS Goes ASSENT COUNCILMEMBERS cox ATTEST: MAYOR 0 '46 m' CITYCLERK ��tyypA� i!aMebdabngnanWoanime.doc -'P 61-08 ��Uro0.N��T City ofNewportBeaob Study Session Minutes February 28,8006 habitat in the harbor and the importance of doing so. Manager Roesmillar stated that there is another form of dredging done in the harbor andhe displayed a map showing seven locations around Balboa Island when sand will be pushed up onto the beaches. He stated that the City tries to use existing sand sources when replenishing areas whenever possible. Lastly, Manager Rossmiller displayed information on how the council members and the general public can assist the City with its goals, which includes writing letters of support for continued funding for the Cites dredging projects to Senator Feinstein and the Energy and Water Appropriations Committee. At the request of Council Member Salich, Manager Roeemiller displayed an aerial photo and pointed out the locations in the harbor that are private waterways and not the responsibility of the City to dredge. He noted that these dredges. if above certain quantities, require individual permits, but that lower quantity dredges can utilize the regional general permit process Manager Rossmiller also provided the status of the CitYo new dock standards and noted that the Harbdr Area Management Plan (HAMP) grant was received from the State Department of Water Resoumas, In response to Council Member Currys question, Manager Rossmiller explained how a disruption in funding can affect the dredging schedule. At the request of Council Member Nichols, Manager Rosamiller explained how dredged sediment and sand has been reused in the past. In response to Mayor Pro Tom Rosansky's question, Manager Roaemiller provided examples of other cities that have owned their own dredging equipment and described some of the disadvantages to a municipality owning its own equipment. DOGS ON THE BEACH. (Ie0 -8006] Lieutenant Kaminsky provided a brief summary of his staff reporL Using a PowerPoint presentation, he displayed an aerial photo of "Dog Beach' in the City of Huntington Beach, and showed the signs that are posted there and at other beaches in Huntington Beach. He also displayed photos and showed a short video to damons"n some of the problems associated with doge on beaches. Lieutenant Kaminsky briefly discussed the environmental concerns associated with dogs on beaches, as provided in his staff report. He stated that Laguna Beach is the only city of those surveyed that allows dogs on the beaches year round. He explained that the City of Newport Beach previously had a similar ordinance and that Laguna Beach is experiencing some of the same problems that Newport Beach experienced. Mayor Pro Tom Rcaansky confirmed with Lieutenant Kaminsky that the Police Department is not recommending a change to the City's current ordinance- Council Members Ridgeway and Curry spoke in support of the current regulations John Cunningham reported that the Board of Directors of the Balboa Island Improvement Association recently conducted an unanimous vote to request that the City prohibit dogs from Balboa Island beaches at all hours. He stated that a letter would be sent to the City Council formalizing this request. Volume 57 -Page 567 i CITY OF NEWPORT BEACH May 28, 2002 CITY ATTORNEY'S OFFICE Agendaltem 3 TO : MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DANIEL K. OHL, DEPUTY CITY ATTORNEY RE MODIFICATION TO SECTION 7.04.020 —DOGS ON BEACH /OCEAN BACKGROUND: On March 5, 2002, Phillip and Lynne Butterfield contested two leash violation citations In Harbor Justice Center. Their contention was their dog was dragging Na leash on the wet sand and into and out of the water. As a result, he was not on a "beach" as stated In the section 7.04.020 of the municipal code. They also contested that their dog was in the "ocean." Their argument is that the "ocean" Is not stated In section 7.04.020. Judge Strople concluded that the Butterrieid's dog was on the part of the beach where the tide ebbs and flows and found the Butterfiield's guilty. Judge Strople also stated section 7.04.020 does not specifically mention the "ocean" and there were many gray areas and no precedents. The Butterf elds have now filed an appeal to Judge Strople's decision. Therefore, we are proposing modifications to Chapter 7.04 which requires dogs to be restrained by a substantial leash or chain when present upon any beach, street, alley, or public place without written consent of the owner or lessee of such land. The suggested modifications includes a park, the ocean or bay waters within the City limits or any other public place. The dog must also be restrained by a substantial leash or chain not exceeding six feet In length and physically restrained by a person. RECOMMENDATION: Approve first reading and pass to a second reading at the City's next regularly scheduled meeting. _ \ �I Daniel K. Ohl de F: WSeislcatl5hafedrdalCGnemo {OOglnOoeen,aoc ' ORDINANCE NO, 2002- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.04.020, OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO DOGS IN THE BEACH The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 7.04.020 of Chapter 7.04 is amended to read as follows: Section 7.04.020 Leash Required. No person having the care, charge or control of any dog shall cause or allow, either willfully or through failure to exercise due care or control, such dog to be present upon anv public oroperty. Including but not limited to any beach, street, alley, park or the ocean or bay waters within the Ci Tits or a_n�oth�er public place, or upon any private property or premises other than his or er own without written consent of the owner or lessee of such land unless such dog Is securely restrained by a substantial leash or chain not exceeding six feet in length and h sfcall restrained and controlled by a person competent to restrain such dog. This section shall not a construed as allowing dogs on leashes in the areas from which dogs are prohibited as designated by Sections 7.04.025, 7.04.030, and 7.04.050. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that It would have passed this ordinance, and each section, subsection, clause or phrase hereof, Irrespective of the fact that any one or more' sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once In the official newspaper of the City, and It shall be effective thirty (30) days after its adoption. SECTION 4: This ordinancewas introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of , 2002, and adopted on the —day of 2002, by the %flowing vote, to wit: AYES,COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS ATTEST: CITY CLERK F: lusemlcarkharedlda %Ordlnancel0ogin0cean.doc i-17rrT TO: Parks, Beaches and Recreation Commission FROM: General Services Director PB &R Commission Agenda Item No. June 1, 2010 SUBJECT: Proposed City Tree Removals on Heliotrope Avenue Recommendation Staff recommends that the Parks, Beaches and Recreation Commission consider for approval the removal of six City trees that are posing a potential liability. Discussion In March 2010, the General Services Department staff hired Dan Jensen, Consulting Arborist with R. Dan Jensen and Associates, Incorporated, to assess the condition of six City trees at 418, 437, 439 and 440 Heliotrope Avenue, Corona Del Mar. Upon inspection, the trees were found to be planted in inappropriate sized parkways. All subject trees experienced significant root damage due to hardscape repairs and as a result have begun to decline in health. Additionally, two trees were found with aggressive roots, root flair and trunks too large for the existing tree wells. Lastly, majority of the tree's roots will continue to grow out of the space provided. The trees are creating a substantial liability to the City and should be removed. The City's Urban Forester and Parks and Trees Superintendent inspected the subject trees and concur with arborist recommendation to remove the six City trees. Staff has attached a Tree Inspection Reports, Arborist Reports, Tree Inventory Details, and photographs related to the request. Council Member Nancy Gardner has received a copy of this report and a notice of the Commission meeting. Adjacent property owners were also notified of the Commission meetine. Attachments: (A) Tree Inspection Report (B) Arborist Reports (C) City Tree Inventory Details (D) Existing City Tree's Pictures (E) City of Newport Beach Street Tree Designation List (F) Replacement Trees, Pictures and Tree Descriptions (G) Map TREE INSPECTION REPORT Name: Parks and Trees Division General Services Department Request: The City's Urban Forester is requesting the removal of six City trees that are posing a potential liability. See attached arborist reports. Tree Locations: o 418 Heliotrope Avenue / Front -1 Pinus halepensis — Aleppo Pine Work History: Sidewalk, curb and gutter repair- 2000 Arborist Recommendation: Remove subject tree. It is in major stress and not healing properly. Much sap is present. Aleppo Pines are not the appropriate street tree for 4 foot parkways. The roots are too aggressive, root flair too big and trunk too large for the area. The subject tree has experienced significant root damage due to hardscape repairs and as a result has begun to decline in health. o 437 Heliotrope Avenue / Front —1 Casuarina cunninghamiana — River She -Oak No work history recorded within the last ten years Arborist Recommendation: Remove subject tree. River She -Oaks are not the appropriate street tree for 4 foot parkways. The subject tree has experienced significant root damage due to hardscape repairs and as a result has begun to decline in health. The tree's real problem is the tree roots will continue to grow out of the parkway space provided and the upper canopy of the tree may break at anytime. During this short period of time the tree continues to provide a substantial liability to the City. c 439 Heliotrope Avenue / Front -1 Casuarina cunninghamiana — River She -Oak No work history recorded within the last ten years Arborist Recommendation: Remove subject tree. River She -Oaks are not the appropriate street tree for 4 foot parkways. The subject tree has experienced significant root damage due to hardscape repairs and as a result has begun to decline in health. More hardscape repairs are inevitable. The tree's real problem is the tree roots will grow out of the space provided and the upper canopy of the tree may break at any time. During this short period of time the tree continues to provide a substantial liability to the City. o 440 Heliotrope Avenue / Front -1, 2, 3 Pinus brutia — Calabrian Pine No work history recorded within the last ten years Arborist Recommendation: Remove the three subject trees. Calabrian Pines are not the appropriate street for 4 foot parkways. The roots are too aggressive, canopy too large, root flair too big and trunk too large for the area. The tree will continue to grow out of the parkway space provided. As the trees have been topped and branches reduced the trees are not candidates for transplanting as a tree. Designated Street Trees: Proposed tree species Estimated Tree Value Damage: NIA Metrosideros excelsus —New Zealand Christmas Tree Howea forsteriana — Kentia Palm Bauhinia blakeana — Hong Kong Orchid $18,450.00 / 6 City trees Parkway: ncrete Brick Turf (X) Other Inspected by: Date: May 13, 2010 John Tway, Urban Fo ester Recommendatio^ Staff concurs with arborist recommendation to remove subject Reviewed by: Reviewed by: Superintendent Mark Hirmon, Ocj vraf Services Director May 13, 2010 x, R. DAN JENSEN & ASSOCIATES, INC. 18011 CLEARWATER CIRCLE HUNTINGTON BEACH, CA 92648 714 - 841 -2905 CLIENT: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 John Conway, Urban Forester PROJECT SITE: 418 Heliotrope Avenue Newport Beach, CA REPORT SUBJECT: Evaluation of street tree at 418 Heliotrope Avenue DATE OF SITE VISIT: March 10, 2010 REPORT DATE: March 19, 2010 DEFINITION OF ASSIGNMENT 1. State the current condition of tree: decay, injury, disease, insect infestation, etc. 2. If the tree is currently viable and any mitigating measures possible to retain tree. 3. If the tree is viable in current site with expected growth, expected hardscape repairs and possible property development that could affect and minimize the root zone. 4. If tree removal is the only solution to assure public safety and potential tree failure. SITE OBSERVATIONS • Subject tree is a mature tree identified as Pinus halepensis, "Aleppo Pine" • Trunk has a28" diameter at standard height. • The estimated height of the tree is approximately 40' • The tree is growing in a 4' wide irrigated parkway adjacent pedestrian traffic and parked cars. • The soil in the parkway is moist and the turf has good color. • There are old wounds to its surface roots. Sap is oozing from unknown damage from the trunk. • The trunk flare is growing on the curb and sidewalk. The tree is leaning towards the North/East. © March 19, 2010 Dan Jensen All Rights Reserved Page 1 Consulting Arbonst • The tree has old wounds that have been oozing for quite some time. Pruning cuts from February 2008 are still oozing. It is not healing properly. The tree looks to have been recently pruned. • The tree is in major stress and has outgrown its environment. • The curb, gutter and asphalt areas of the street have been replaced. Extensive root damage would be expected due to this work. The sidewalk has been ground level in response to tree root growth. ANALYSIS & DISCUSSION Typically, Aleppo Pines are moderately fast growing evergreen trees that can reach a mature height of 30 — 60 feet with a canopy spread of 20 — 40 feet. They develop a large trunk flare that can reach a diameter up to 48 inches or more with an expansive root system to support their massive canopy. They develop multiple stems usually between 6 -12 feet above grade. The subject tree displays the symptoms of old root damage that probably occurred as a result of street repairs that appear to have been done within the past several years. This has resulted in the deterioration of the trees surface roots and perhaps anchorage roots and has led to decay in the trunk flare. When the roots of healthy trees are damaged from excavation (as in the manner that took place at this site), some species have the ability to compartmentalize the wounds or the damaged tissue. However, when root branches die and the wounds are not compartmentalized, infections or decay then spread into connecting roots and eventually up into the trunk. Usually no damage may be seen from the root pruning. The only sign of damage is usually sap appearing out of a normal looking trunk or root flair. Cracks may develop above the dead roots or, perhaps, between two dead roots. This can be seen at the base of the tree and on the top of the roots at the surface of the soil. At this point of the tree's life, it is actually too late to remedy the situation and management of the tree now consists of yearly hazard evaluation, damage control and/or tree removal. Aleppo Pine trees with root damage are subject to infestation by many root rots. Root rot pathogens are common throughout California, and cause the decline of affected plants, usually during the warmer season. It is a soil -bome fungus that attacks the roots of susceptible plants. Because the damaged roots are unable to take up enough water to maintain the plant in warm weather, the leaves wilt and the plant dies. The signs of severe root rot are sap oozing from a healthy looking trunk, sudden die back of small or main leaders, sudden death of the entire tree or even sudden collapse of the entire tree. © March 19, 2010 Dan Jensen All Rights Reserved Page 2 Consulting Arborist CONCLUSION & RECOMMENDATION Recommendation is to remove the subject tree. It is in major stress and not healing properly. Much sap is present. Aleppo Pines are not the appropriate street tree for 4 foot parkways. The roots are too aggressive, root flair too big and trunk too large for the area. A natural growth habit of the Aleppo Pine is a leaning trunk. It is common for the tree trunk to lean into the street or sidewalk when planted in a 4 foot parkway. The subject tree has experienced significant root damage due to hardscape repairs and as a result has begun to decline in health. It will continue to grow out of the parkway space provided. Respectfully submitted, IL . t1p w �� R_ Dan Jensen Certified Arborist WE -1093A C March 19, 2010 Dan Jensen All Rights Reserved Page 3 g ConsuBing Arborist ArborAccessOnline - newportbeach.wcainc.com Show /Hide Map_ Pnnt,Re rt Inventory Detail Dist: 12 Address: 418 HELIOTROPE AV Fictitious: No Location: Front -1 On Address: 418 HELIOTROPE AV Species: Pinus halepensis, ALEPPO PINE DBH /Height: 25 -30 / 45 -60 Parkway Size: 4 Utility Overhead: No Sidewalk Damage: No Recommended Maintenance: Grid Trim Estimated Value $9,830 WCA Work History Date Work Type Amount ]ob# 2/6/2008 Grid Pruning $39.00 11060 1/17/2006 Service Request Pruning $39.00 8474 2/22/2001 Grid Trimming $39.00 3581 10/6/1999 Grid Trimming $39.00 2866 Other Work History Date Work Type Crew Acct# Min Page 1 of 1 � z . rr � 01 s e } 3. http: / /newportbeach.wcainc.com/ inventory lSearchResultsDetai]PrintMap .asp ?TreeID = 1143608 04/28/2010 F 1 E i d k a • � fj i a «y a R i l' r s� {•r 4 ( Y�. a ±� R ja s ov J, „. a. R DAN JENSEN & ASSOCIATES, INC. 18011 CLEARWATER CIRCLE HUNTINGTON BEACH, CA 92648 714 -841 -2905 CLIENT: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 John Conway, Urban Forester PROTECT SITE: 437 Heliotrope Avenue Newport Beach, CA REPORT SUBJECT: Evaluation of street tree at 437 Heliotrope Avenue DATE OF SITE VISIT: March 5, 2010 REPORT DATE: March 19, 2010 DEFINITION OF ASSIGNMENT 1. Show the current condition of tree: decay, injury, disease, insect infestation, etc. 2. If the tree is currently viable and any mitigating measures possible to retain tree. 3. If the tree is viable in current site with expected growth, expected hardscape repairs and possible property development that could affect and minimize the root zone. 4. If tree removal is the only solution to assure public safety and potential tree failure. SITE OBSERVATIONS • Subject tree is a mature tree identified as Casuarina cunninzhamiana, "River She -Oak" • Trunk has a 14" diameter at standard height. • The estimated height of the tree is approximately 40' • The tree is growing in a 4' wide irrigated parkway adjacent pedestrian traffic and parked cars. • The soil in the parkway is moist and the turf has good color. • There are old wounds to its surface roots. There is extensive Sap Sucker damage to the trunk, main leaders and branches. • The trunk flare is covered with turf and has signs of damage from line trimmers. • The tree has old limb removal wounds that have been oozing for several months. • The tree is in weak condition and has not produced a significant amount of shoot growth for the current year. The tree has been topped in the past. There are weak branch attachments at the sites of C March 19, 2010 Dan Jensen All Rights Reserved Page 1 ComultingArborist topping the tree. There are weak branch attachments due to included bark. Sucker growth is forming on the trunk. • Sidewalk, curb and gutter have been replaced and the curb and sidewalk are lifting due to tree roots. The asphalt areas of the roadway have been excavated and replaced in the recent past. Extensive root damage would be expected due to this work. ANALYSIS & DISCUSSION Typically, River She -Oaks are moderately fast growing evergreen trees that can reach a mature height of 60 — 70 feet with a canopy spread of 20 — 40 feet. They develop a large trunk flare that can reach a diameter up to 48 inches or more with an expansive root system to support their massive canopy. The subject tree displays the symptoms of old root damage that probably occurred as a result of street and sidewalk repairs that appear to have been done within the past several years. This has resulted in the deterioration of the trees surface roots and perhaps anchorage roots and has led to decay in the trunk flare. When the roots of healthy trees are damaged from excavation (as in the manner that took place at this site), some species have the ability to compartmentalize the wounds or the damaged tissue. However, when root branches die and the wounds are not compartmentalized, infections or decay then spread into connecting roots and eventually up into the trunk. Usually no damage may be seen from the root pruning. The only sign of damage is usually sap appearing out of a normal looking trunk or root flair. Cracks may develop above the dead roots or, perhaps, between two dead roots. This can be seen at the base of the tree and on the top of the roots at the surface of the soil. At this point of the tree's life, it is actually too late to remedy the situation and management of the tree now consists of yearly hazard evaluation, damage control and/or tree removal. River She -Oak trees with root damage are subject to infestation by many root rots. Root rot pathogens are common throughout California, and cause the decline of affected plants, usually during the warmer season. It is a soil -borne fungus that attacks the roots of susceptible plants. Because the damaged roots are unable to take up enough water to maintain the plant in warm weather, the leaves wilt and the plant dies. The signs of severe root rot are sap oozing from a healthy looking trunk, sudden die back of small or main leaders, sudden death of the entire tree or even sudden collapse of the entire tree. The subject tree also has included bark among its scaffold branches. This is a bark that forms as two stems that are consistent in size grow together with the bark remaining imbedded in between the two individual stems. They appear to be held together by a solid bond but look like two separate stems competing for space as they expand in girth. Over time as the individual stems increase in girth, the © March 19, 2010 Dan Jensen All Rights Reserved Page 2 Comulting Arbonst weaker of the two leaders is eventually pushed away by the larger.heavier part causing the weaker side to fall. In some cases both limbs will fall. CONCLUSION & RECOMMENDATION River She -Oaks are not the appropriate street tree for 4 foot parkways. The subject tree has experienced significant root damage due to hardscape repairs and as a result has begun to decline in health. The tree roots will continue to grow out of the parkway space provided. More hardscape repairs are inevitable. A more serious problem is the tree has been topped in the past. The new branch attachments at the topping sites do not have the same strength as normal attachments. The tree has included bark at several branch attachments. The tree should be removed or yearly inspections made by a qualified Certified Arborist. The yearly inspections should provide notice of changes to the adjacent hardscape, structural problems increasing with the canopy and additional liabilities caused by the trees further growth. The tree, if kept, should be placed on an annual pruning cycle. The upper canopy of the tree should be inspected yearly by a qualified Certified Tree Worker. The worker should inspect the upper canopy of the tree for structural defects such as included bark and weak branch attachments. If defects are found they should be corrected or the tree should be removed immediately. The owners should note that the yearly inspections will only prolong the life of the tree for a short period of time. The trees real problem is the tree roots will grow out of the space provided and the upper canopy of the tree may break at any time. During this short period of time the tree continues to provide a substantial liability to the city. Respectfully submitted, R. Dan Jensen Certified Arborist WE -1093A C March 19, 2010 Dan Jensen All Rights Reserved Page 3 Consulting Arborist ATborACCessOnline - newportbeach.wcainc,com Show /Hide Ma Pnnt Report Inventory Detail Dist: 12 Address: 437 HELIOTROPE AV Fictitious: No Location: Front -1 On Address: 437 HELIOTROPE AV Species: Casuarina cunninghamiana, RIVER SHE -OAK DBH /Height: 13 -18 / 30 -45 Parkway Size: 4 Utility Overhead: No Sidewalk Damage: No Recommended Maintenance: Grid Trim Estimated Value $3,260 WCA Work History Date Work Type Amount Job# 2/5/2008 Grid Pruning $39.00 11060 1/18/2006 Service Request Pruning $39.00 8474 10/5/1999 Grid Trimming $39.00 2866 Other Work History Date Work Type Crew Acct# Min Page 1 of 1 http: / /newportbeach.wcaine.com/ inventory /SearchResultsDetailPrintMap .asp ?TreeID = 1143582 04/28/2010 R DAN JENSEN & ASSOCIATES, INC. 18011 CLEARW ATER CIRCLE HUNTINGTON BEACH, CA 92648 714 -841 -2905 CLIENT: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 John Conway, Urban Forester PROJECT SITE: 439 Heliotrope Avenue Newport Beach, CA REPORT SUBJECT: Evaluation of street tree at 439 Heliotrope Avenue DATE OF SITE VISIT: March 5, 2010 REPORT DATE: March 19, 2010 DEFINITION OF ASSIGNMENT 1. Show the current condition of trees: decay, injury, disease, insect infestation, etc. 2. If the tree is currently viable and any mitigating measures possible to retain tree. 3. If the tree is viable in current site with expected growth, expected hardscape repairs and possible property development that could affect and minimize the root zone. 4. If tree removal is the only solution to assure public safety and potential tree failure. SITE OBSERVATIONS • Subject tree is a mature tree identified as Casuarina cunninghamiana, "River She -Oak" • Trunk has a 13" diameter at standard height. • The estimated height of the tree is approximately 40' • The tree is growing in a 4' wide irrigated parkway adjacent pedestrian traffic and parked cars. • The soil in the parkway is moist and the turf has good color. • There are old wounds to its surface roots. Sap Sucker damage is located on the main trunk, leaders and branches of the tree. • The trunk flare is covered with turf and has signs of damage from line trimmers. • The tree has sucker growth on the trunk, been topped in the past and has included bark. © March 19, 2010 Dan Jensen All Rights Reserved Page 1 ConsuhtngArborisst • The sidewalk, curb and gutter have recently been replaced. The asphalt areas of the street have been excavated and replaced in the recent past. Extensive root damage would be expected due to this work. • The tree is in severe decline. ANALYSIS & DISCUSSION Typically, River She -Oaks are moderately fast growing evergreen trees that can reach a mature height of 30 — 60 feet with a canopy spread of 20 — 40 feet. They develop a large trunk flare that can reach a diameter up to 48 inches or more with an expansive root system to support their massive canopy. They develop multiple stems usually between 6 -12 feet above grade. The subject tree displays the symptoms of old root damage that probably occurred as a result of street repairs that appear to have been done within the past several years. This has resulted in the deterioration of the trees surface roots and perhaps anchorage roots and has led to decay in the trunk flare. When the roots of healthy trees are damaged from excavation (as in the manner that took place at this site), some species have the ability to compartmentalize the wounds or the damaged tissue. However, when root branches die and the wounds are not compartmentalized, infections or decay then spread into connecting roots and eventually up into the trunk. Usually no damage may be seen from the root pruning. The only sign of damage is usually sap appearing out of a normal looking trunk or root flair. Cracks may develop above the dead roots or, perhaps, between two dead roots. This can be seen at the base of the tree and on the top of the roots at the surface of the soil. At this point of the tree's life, it is actually too late to remedy the situation and management of the tree now consists of yearly hazard evaluation, damage control and/or tree removal. River She -Oak trees with root damage are subject to infestation by many root rots. Root rot pathogens are common throughout California, and cause the decline of affected plants, usually during the warmer season. It is a soil -bome fungus that attacks the roots of susceptible plants. Because the damaged roots are unable to take up enough water to maintain the plant in warm weather, the leaves wilt and the plant dies. The signs of severe root rot are sap oozing from a healthy looking trunk, sudden die back of small or main leaders, sudden death of the entire tree or even sudden collapse of the entire tree. The subject tree also has included bark among its scaffold branches. This is a bark that forms as two stems that are consistent in size grow together with the bark remaining imbedded in between the two individual stems. They appear to be held together by a solid bond but look like two separate stems competing for space as they expand in girth. Over time as the individual stems increase in girth, the © March 19, 2010 Dan Jensen All Rights Reserved Page 2 Consulting Arborist weaker of the two leaders is eventually pushed away by the larger heavier part causing the weaker side to fall. In some cases both limbs will fall. CONCLusION & RECOMMENDATION River She -Oaks are not the appropriate street tree for 4 foot parkways. The subject tree has experienced significant root damage due to hardscape repairs and as a result has begun to decline in health. The tree roots will continue to grow out of the parkway space provided. More hardscape repairs are inevitable. A more serious problem is the tree has been topped in the past. The new branch attachments at the topping sites do not have the same strength as normal attachments. The tree has included bark at several branch attachments. The subject tree is in severe decline and should be removed or yearly inspections made by a qualified Certified Arborist. The yearly inspections should provide notice of changes to the adjacent hardscape, structural problems increasing with the canopy and additional liabilities caused by the trees further growth. The tree, if kept, should be placed on an annual pruning cycle. The upper canopy of the tree should be inspected yearly by a qualified Certified Tree Worker. The worker should inspect the upper canopy of the tree for structural defects such as included bark and weak branch attachments. If defects are found they should be corrected or the tree should be removed immediately. The owners should note that the yearly inspections will only prolong the life of the tree for a short period of time. The trees real problem is the tree roots will grow out of the space provided and the upper canopy of the tree may break at any time. During this short period of time the tree continues to provide a substantial liability to the city. Respectfully submitted, R. Dan Jensen Certified Arborist WE -1093A © March 19, 2010 Dan Jensen All Rights Reserved Page 3 Consulting Arborist ArborAccessOnline - newportbeach.wcainc.com Map e Show /Hid „ Pnnt Report.,_: Inventory Detail Dist: 12 Address: - 439 HELIOTROPE AV Fictitious: No Location: Front -1 On Address: 439 HELIOTROPE AV Species: Casuarina cunninghamiana, RIVER SHE -OAK DBH /Height: 13 -18 / 30 -45 Parkway Size: 4 Utility Overhead: No Sidewalk Damage: No Recommended Maintenance: Grid Trim Estimated Value $3,260 WCA Work History Date Work Type Amount Job# 2/5/2008 Grid Pruning $39.00 11060 1/18/2006 Service Request Pruning $39.00 8474 2/8/2001 Grid Trimming $39.00 3581 10/5/1999 Grid Trimming $39.00 2866 Other Work History Date Work Type Crew Acct# Min Page 1 of 1 http: / /newportbeach.wcainc.com /inventory /S earchResultsDetailPrititMap. asp ?TreelD =11435 81 04/28/2010 tt'�`�■ �� �� ,,Y ` n ��� .� . �r °: r _. '�` `? 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DAN JENSEN & ASSOCIATES, INC. 18011 CLEARWATER CIRCLE HUNTINGTON BEACH, CA 92648 714- 841 -2905 CLIENT: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 John Conway, Urban Forester PROJECT SITE: 440 Heliotrope Avenue Newport Beach, CA REPORT SUBJECT: Evaluation of street trees at 440 Heliotrope Avenue DATE OF SITE VISIT: March 12, 2010 REPORT DATE: March 19, 2010 DEFINITION OF ASSIGNMENT 1. Current condition of trees: decay, injury, disease, insect infestation, etc. 2. If the tree is currently viable and any mitigating measures possible to retain tree. 3. If the tree is viable in current site with expected growth, expected hardscape repairs and possible property development that could affect and minimize the root zone. 4. If tree removal is the only solution to assure public safety and potential tree failure. SITE OBSERVATIONS • Subject 3 trees are identified as small immature Pinus brutia, "Calabrian Pine" • Trunks have 3 -4 " diameter at standard height • The estimated height of the trees is approximately 5 -6' • The trees are each growing in a 5.5 foot by 4 foot wide tree well. They are planted in front of a restaurant. Distance between trees is approximately 10 feet. • The tree wells are planted with a mixture of weeds and ornamental plants. The soil is very wet. • Tree at Front #1 has been topped and branch ends cut off as in a Bonsai style trimming. Tree will not retain normal growth pattern. • Tree at Front #2 has been topped and branch ends cut off as in a Bonsai style trimming. Tree will not retain normal growth pattern. • Tree at Front #3 is dead. © March 19, 2010 Dan Jensen All Rights Reserved Page 1 Consulting Arbonst ANALYSIS & DISCUSSION Typically, Calabrian Pines are fast growing evergreen trees that can reach a mature height of 30 — 80 feet with a canopy spread of 15 — 25 feet. They develop a large trunk flare that can reach a diameter up to 48 inches or more with an expansive root system to support their massive canopy. They develop multiple stems usually between 6 -12 feet above grade. The trees are a specimen not suited to the planting area. CONCLUSION & RECOMMENDATION Calabrian Pines are not the appropriate street tree for 4 foot parkways. The roots are too aggressive, canopy too large, root flair too big and trunk too large for the area. The tree will continue to grow out of the parkway space provided. The trees should be removed. As the trees have been topped and branches reduced the trees are not candidates for transplanting as a tree. Respectfully submitted, �- 6, -- R. Dan Jensen Certified Arborist WE -1093A © March 19, 2010 All Rights Reserved Page 2 Dan Jensen Consulting Arborist ArborAccessOnhne - newportbeach.wcainc.com Shaw Hide Map.. Pnnt Report, Inventory Detail Dist: 12 Address: 440 HELIOTROPE AV Fictitious: No Location: Front -1 On Address: 440 HELIOTROPE AV Species: Pinus brutia, CALABRIAN PINE DBH /Height: 0-6/01-15 Parkway Size: 4 Utility Overhead: No Sidewalk Damage: No Recommended Maintenance: Grid Trim Estimated Value $700 WCA Work History Date Work Type Amount ]ob# 2/5/2008 Grid Pruning $39.00 11060 11/16/2004 Plant 24" Box w/ RB $195.00 7335 3/17/2004 Service Request $39.00 6071 2/812001 Grid Trimming $39.00 3581 6/30/1999 Grid Trimming $39.00 2438 Other Work History Date Work Type Crew Acct# Min Page 1. of 1 http: / /newportbeach. wcainc. com / inventory /SearchResultsDetailPiintMap .asp ?TreelD = 1049277 04/28/2010 ArborAccessOnline - newportbeach.wcainc.com - Shaw /Hide Map _ Print R� ..Qrt.. Inventory Detail Dist: 12 Address: 440 HELIOTROPE AV Fictitious: No Location: Front -2 On Address: 440 HELIOTROPE AV Species: Pinus brutia, CALABRIAN PINE DBH /Height: 0-6/01-15 Parkway Size: 4 Utility Overhead: No Sidewalk Damage: No Recommended Maintenance: Grid Trim Estimated Value $700 WCA Work History Date Work Type 2/5/2008 Grid Pruning 11/16/2004 Plant 24" Box w/ RB 3/1712004 Service Request 2/8/2001 Grid Trimming 6/30/1999 Grid Trimming Other Work History Date Work Type Amount Job# $39.00 11060 $195.00 7335 $39.00 6071 $39.00 3581 $39.00 2438 Crew Acct# Min Page 1 of 1 http: / /newportbeach.wcaine.com/ inventory /SearchResultsDetailPrintMap .asp ?TreelD = 1049278 04/28/2010 ArborACCessOnline - newportbeach.wcainc.com _ 5 ow Hide Map Print Report .; Inventory Detail Dist: 12 Address: 440 HELIOTROPE AV Fictitious: No Location: Front -3 On Address: 440 HELIOTROPE AV Species: Pinus brutia, CALABRIAN PINE DBH /Height: 0-6/01-15 Parkway Size: 4 Utility Overhead: Yes Sidewalk Damage: No Recommended Maintenance: Grid Trim Estimated Value $700 WCA Work History Date Work Type Amount Job# 2/5/2008 Grid Pruning $39.00 11060 11/16/2004 Plant 24" Box w/ RB $195.00 7335 3/17/2004 Service Request $39.00 6071 2/8/2001 Grid Trimming $39.00 3581 6/30/1999 Grid Trimming $39.00 2438 Other Work History Date Work Type Crew Acct# Min Page ],of 1 http: / /newportbeach.wcaine.com/ inventory /SearchResultsDetailPrintMap .asp ?TreclD = 1049279 04/28/2010 r� t 1° dye 7S�d'a., f '.� If ` c�v a } X: tjt k c, http: / /newportbeach.wcaine.com/ inventory /SearchResultsDetailPrintMap .asp ?TreclD = 1049279 04/28/2010 Q� O H Fq CC A 1LI rr�^ Vl U �1 1� 6) W 0 U n N C° W + 0 �n n M N N W U C a, 3 a C.7 w w z � w w w w w w w w Q C� Of K w W< ❑ ❑ w N_ o w i- ❑ w W 3 = w a F 2 W W p a w D w K K O M U 2 Y w K Y❑ w J W Z F `C 3 `L O g g O J w Z p w O 3 d F `L O p w W z U Z O J Q N Z N w J Q V1 Z J Q W Z CJ J Q i� Z❑ Q G° w J Q i9 Z d 2 W J W O J (7 J U Z > J Q W i m W� d n Q w J J Q Vl w Z Z Q W a Q S a Q a d a s O w J Q o_ d J D W R J ZQ<�yy a Q 1 d y C W CL W d' O U d D a~ N F y d w If r O W N W 0 d W, an d o W K K d W C O W W w a W W P Z Z p Z Z J U Z? Y� Z Z U' Y Z w w Q Q p W fr w p Z Z W Q _N C� Z Y Z J w W m U' W i Q❑ 2 W d W w d d W w p? g ❑ O Q D m w 0 f1 ❑ U K 7� 5 Z U O Q Y S K Y S (7 Y d Z Y 2 Y a d d d Q Y S U O U m Y m d Q Q Y H Q N D N N N O 0 0 rz a o m N y j y C G j ry ry a C (p < C C N U N �` N� 3 V Y C y Z� C Q E 4? Y N V a a a om ° a 2 M a c n E y c n E 5� a m n Z E c• E O V N d P D V d V N D m Q J U Q p O T N m C 3 W D T N ai N U¢ N �- � O T N m Q N �- y � �- Q D O' N �¢ �' p T m� -i ¢ d i= Q ti W¢ E d ° � Q � o M u a a o ; a ° u 0 0 N N Q N N N 00 O O O O O Q O O O K W N a N N V r U w Z Q w a a o o w ¢ °� a 3 w C K W w F O a Q p O W 2' K > N Q J d' x 2 o x o g J J J a a a a w w w o 0 0 x s x 3:1 x x x x s x x x x x n N C° W + 0 �n n M N N W U C a, 3 a C.7 meta -t roe -si lr - DER -olrs (M. lomentaosus) eks- SFLLi4sus (Yew Zealand Christmas Tree, Pohutu awa) ti rtaceae (Myrtle family) i}rigirt: New Zealand. 1840 Species characteristics; Form - Evergreen. Shrubby, round headed, br(yadleaf tree to W or more in cultivation. Vertical to spreading. T - Under humid conditions, may develop numerous red aerial roots which extend to the ground. Bark is composed of gray platelets. Foliage Opposite leaves are firm, 1 % - " lout;, leathery, densely spaced on branches. Juvenile leaves are hark glossy green. When mature they become grayer and shinier on tapper .surface, with a while wool -titre pubescence on underside. Flowe,ts fruit - Bright red bottlebrush -like flowers camposed mainly of stamens that grove ill large terminal clusters in summer. (The New Zealand surnrner is the Christmas season.) Fruits are woody capsules 114" long coated with a while down. Cultivtrs - 'Aurea' has yellow- flowers, similar foliage c1mracteristics. No significant pest problems. Site suitability: Sunset zones — 17, 23 and 24. Clearances - SnitaWe for 5' nt nianum parkwa+ s, anedians or cutouts. Good for street sides, medians, parks and kw ns. Culture considerations Best in neutral to acidic. well- drained soils. Drought tolcrant witli age. Chlorosis in exceedingly alkaline soils. Comments, notes: Sin T' x, k P y eb. w Vb kv. It .. r ZA Sin T' x, Although it is native to just one tiny South Pacific island, the Kentia Palm is one of the most commonly grown palms in the world. Also called the Paradise Palm, its graceful fronds and tremendous ability to withstand neglect as a potted specimen have made it the most popular palm for indoor decoration since i#s introduction in the 1850's. Where frosts are not severe, it is a, first-class garden and landscape palm that provides a truly tropical took even in less-than-tropical climates. The Keritia Palm Nvill eventually grow to 30' tall and 1i} -15' ,V%/ide here, but because it is a slow grower it stays much smaller than that for many years. It has an elegant foliage of long spreading fronds with drooping dark green leaflets somewhat ,suggestive of the tropical Coconut Palm (which doesn't grow well here). Mature plants often have showy hanging clusters of 1" orange or red fruit. The Kentia Palm looks good either plant- ed singly or in groups, and since it grows well in either partial or full shade, it is often used as an understory plant beneath, tall trees or in shady entryways. Older plants can tolerate full sun, especially along the coast, but do not like hot dfv winds. Although foliage can be damaged by frost, mature plants will recover from temperatures as low as 260F B21wQ90 s W P"r tom-, f� _ �'`✓ �i'i.` rl ��. . /.� � p` 1. �j, �t k�J�4 i. �nll . 1 _V .. ��� �� ii � {I•Y { � jt 2' i1� • ��a"s°r %E },rer771F... °f�l �� f ��`� ! ��,� 4, {, Y 1 :�+ {r1� s �.� I t n r 1 _ � j��,"�'`,^r.„k�'r�* ms's } "4 •.Y �f +} „� 1,y \"�. 1 • 4p _ � w Origin: Southern China Species charactedistics: Form - Partially deci4uous ror a short period of tIM4 Small, sprawling, umbrella type gmwth habit to 201. Informal with sho%vy flowers. Foliage - Leaves are gray groett, twin-lobed, deeply cleft, 6" long and as ,Aide. tending to drop around bloom time, but not completely defoliating. Tbe "twin leaved' appearance is actually tivin lobes. FlOwers/Wt - The 5 - 01009 and as wide flowers bloom in winter. Shaped like some orchids, variable colors range fjon, cranberry maroon d1rongb purple and rose to pink oftett with white tbroals, 'No significant pest problem are known at this time. Site suitabiltity- Sunset tones - 19, 2 I and 23, ClcarAaces - Suitable for 4'rnininturn patkwa ,s, medians or cutouts. Suitable for use under utility lines Good for strect sides, inedians, parks avid lawns- Culture considerations, Manganese and frou Olorosis on InglJIVAK-aline soils. HIVbrid origin, usually grafted on 13. uariegata rootstock, ("Ornments, notes: 4, c 1a1 I# I -J 0 0 -0 E z <U LL IQ 19 OAN--- ----- - c cu (D wET > Cc cr I I I, I I l 1,11 /.0 I k, I A, 1 4h TO w 1 0 0 lx I CL e 40 41 0 04,, lo 15$, 14b, -pip tY'\ 00 Q/ bo IA/z