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Home My WebLink AboutPBR AGENDA 04-07-2015 This Parks, Beaches & Recreation Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Parks, Beaches & Recreation Commission agenda be posted at least seventy-two (72) hours in advance of each regular meeting and that the public be allowed to comment on agenda items before the Parks, Beaches & Recreation Commission and items not on the agenda but are within the subject matter jurisdiction of the Parks, Beaches & Recreation Commission. The Parks, Beaches & Recreation Commission may limit public comments to a reasonable amount of time, generally three (3) minutes per person. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (“ADA”) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. If requested, this agenda will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Please contact the Parks, Beaches & Recreation Commission Secretary at least forty-eight (48) hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible at (949) 644-3151 or recreation@newportbeachca.gov. CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION AGENDA CITY COUNCIL CHAMBERS @ CIVIC CENTER 100 Civic Center Drive TUESDAY, April 7, 2015– 6PM PB&R Commission Members: Staff Members: Ron Cole, Chair Roy Englebrecht, Vice Chair Tom Anderson Kathy Hamilton Laird Hayes Walt Howald Marie Marston Laura Detweiler, Recreation & Senior Services Director Sean Levin, Recreation & Senior Services Deputy Director Mike Pisani, Acting Municipal Operations Co-Director Dan Sereno, Landscape Manager Teri Craig, Administrative Support Specialist 1) CONVENE MEETING OF THE PARKS BEACHES & RECREATION COMMISSION TO ORDER 2) ROLL CALL 3) NOTICE TO THE PUBLIC Public comments are invited on agenda items generally considered to be within the subject matter jurisdiction of the PB&R Commission. The City provides a yellow sign-in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the PB&R Commission. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The PB&R Commission has the discretion to extend or shorten the speakers’ time limit on agenda or non-agenda items, provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or set them in the silent mode. 4) CONSENT CALENDAR All matters listed under Consent Calendar 4A-4C are considered by the PB&R 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. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Chair. A. Minutes of the March 3, 2015 meeting. Recommendation: Waive reading of subject minutes, approve and order filed. B. Parks & Operations Division Activity Report. Recommendation: Receive/file Activity Report. C. Recreation & Seniors Services Activity Report. Recommendation: Receive/file Activity Report of past and upcoming projects and events. 5) CURRENT / NEW BUSINESS – Staff Report A. Special Tree Removal – 1924 Tradewinds Lane (Leeward Lane side) Recommendation: Staff recommends that the PB&R Commission consider the removal of one Special Tomlinson Ash City Tree – Neighborhood Tree at 1924 Tradewinds Lane (Leeward Lane side) due to root decay and street work that will add to the root loss; if approved tree will be replaced with same type tree. B. Denial of Tree Removal – 204 Tustin Avenue Recommendation: Staff recommends that the PB&R Commission deny the removal request of Robert Corbin to remove 16 healthy Queen Palm trees due to view obstruction of the harbor. 2 C. Blackball Regulations Review & Recommendations Recommendation: Staff recommends that the PB&R Commission consider: (1) That year-round and Citywide, the supervising Marine Operation Watch Commander, or designee, has the authority to blackball (prohibit surfing) when an unsafe condition exists between, but not limited to, hard board surfers, skim boarders, other flotation device users and other ocean water users (swimmers). (2) Adjusting the distances of Surfing Area 3 in “Little Corona” to be defined by the area between the prolongations of Poppy Avenue & Cameo Shores Road, (3) Prohibiting surfing in the area between the midline of the rock groins located on the prolongation of 40th Street & 44th Street from 10am – 5pm daily from the Saturday before Memorial Day through Labor Day. D. Blackball Regulations Review & Recommendations – The Wedge Recommendation: Staff recommends that the PB&R Commission consider: (1) Adjusting the location defining the area known as “The Wedge” to 20 feet from the West Jetty of the Newport Harbor entrance channel to 600 feet northwest along the mean high tideline. (2) Modifying the area known as “The Wedge” to prohibit flotation devices from 10am to 5pm daily from the Saturday before Memorial Day through Labor Day. 6) PARKS, BEACHES & RECREATION COMMISSION / STAFF ANNOUNCEMENTS, AD HOC UPDATES OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) 7) PUBLIC COMMENTS ON NON-AGENDA ITEMS Public comments are invited on non-agenda items generally considered to be within the subject matter jurisdiction of the PB&R Commission. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The PB&R Commission has the discretion to extend or shorten the speakers’ time limit on non-agenda items, provided the time limit adjustment is applied equally to all speakers. 8) ADJOURNMENT CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Regular Meeting March 3, 2015 – 6:00 PM 1) CONVENE MEETING OF THE PARKS BEACHES & RECREATION COMMISSION TO ORDER – 6:00 PM 2) ROLL CALL Present: Roy Englebrecht, Vice Chair Kathy Hamilton Laird Hayes Walt Howald Marie Marston Absent: Ron Cole, Chair Tom Anderson Staff: Laura Detweiler, Recreation & Senior Services Director Sean Levin, Recreation & Senior Services Deputy Director Mike Pisani, Acting Municipal Operations Co-Director Dan Sereno, Landscape Manager Jonathan Harmon, Recreation Supervisor Michelle Clemente, Natural Resources Management Specialist Teri Craig, Administrative Assistant 3) NOTICE TO THE PUBLIC 4) PRESENTATION - Natural Resources Program Overview - ISOpod - Interactive Sealife Outreach pod (traveling tidepool vehicle) will be available for the public to tour from 5:30-6:30PM in front of the Civic Center Community Room. Director Detweiler introduced Natural Resources Management (NRM) Specialist Michelle Clemente and deferred to her for a presentation. NRM Specialist Clemente provided a PowerPoint presentation addressing division goals, tide pool exploration field trips, education programs, the Orange County Natural History lecture series, Community Day at the Back Bay Science Center, outreach efforts, service programs, monitoring programs, and launch of the new IOSpod. Additionally, she addressed total contacts made by the division per year, and introduced her staff and commented on volunteers, interns and partners. Brief discussion followed regarding the location of the western snowy plover habitat and the ISOpod traveling show. Vice Chair Englebrecht opened the public discussion; seeing none the public discussion was closed. Parks, Beaches & Recreation Commission Minutes March 3, 2015 Page 2 5) CONSENT CALENDAR A. Minutes of the February 3, 2015 meeting. Recommendation: Waive reading of subject minutes, approve and order filed. B. Parks & Operations Division Activity Report. Recommendation: Receive/file Activity Report. C. Recreation & Seniors Services Activity Report. Recommendation: Receive/file Activity Report of past and upcoming projects and events. A minor correction was made to the Parks and Operations Division Activity Report in terms of the number of trees trimmed and planted. Vice Chair Englebrecht opened public discussion; seeing none the public discussion was closed. Motion by Commissioner Howald; seconded by Commissioner Hayes, to accept items 5A – 5C of the Consent Calendar. Motion carried unanimously, with Chair Cole and Commissioner Anderson absent. 6) CURRENT / NEW BUSINESS - Staff Report A. Special Tree Removal – Groves Bike Trail Recommendation: Staff recommends that the PB&R Commission consider the removal of one Special City Blue Gum Tree - Landmark Tree and replace with a Coast Live Oak tree on the Groves Bike Trail. Landscape Manager Dan Sereno presented a staff report and provided background information regarding the previous removal of eucalyptus trees along the Groves Bike Trail, existing conditions, and recommendations. In response to Commissioner Marston's question, Manager Sereno reported that this specific tree will not impact the root system of adjacent trees and that the root system of these types of trees is not very extensive. Vice Chair Englebrecht opened public discussion; seeing none the public discussion was closed. Commissioner Hamilton referenced previous trees that have fallen and stated that she believes when experts have evaluated trees and say there is something wrong then we need to listen. Motion by Commissioner Marston; seconded by Commissioner Hamilton, to approve the removal of one Special City Blue Gum Tree - Landmark Tree and replace Parks, Beaches & Recreation Commission Minutes March 3, 2015 Page 3 with a Coast Live Oak tree on the Groves Bike Trail. Motion carried unanimously, with Chair Cole and Commissioner Anderson absent. B. Special Tree Removal - 1924 Tradewinds Lane Recommendation: Staff recommends that the PB&R Commission consider the removal of one Special Tomlinson Ash City Tree - Neighborhood Tree at 1924 Tradewinds Lane and replace with a Raywood Ash tree at the same location. Manager Sereno presented a staff report and addressed the location of the tree, decay experienced in ash trees over the years, hardscape damage, existing termite infestation, and recommendations. He added that more of these trees will be presented to the PB&R Commission in the future and noted that eventually, he would like to reforest the entire street but slowly. The Raywood Ash tree is much better suited for the parkways in the area. Commissioner Hamilton commented on the conditions of the tree and Manager Sereno stated that because of excessive root pruning, the roots callous above ground push up the sidewalk offering sites for decay to enter. In response to Commissioner Marston's questions, Manager Sereno distributed pictures of a tree on Leeward Lane, planted in the summer of 2009. He added that its an example of the tree being recommended as replacement. Vice Chair Englebrecht opened the public discussion. Teresa Minke stated that the subject tree is located at 2121 Leeward and that the neighbors are wondering why this tree is being removed when others are not. David Harper spoke in favor of the Special Tomlinson Ash tree and noted that the City does a good job maintaining them but that they have not been sealed, which is part of the infestation problem. He stressed the importance of not overreacting and asked that the Commission take its time in assessing the trees and get a second opinion from an independent arborist. Kristi Jackson also spoke in favor of the Special Tomlinson Ash tree noting that it is one of the main reasons why she purchased her home there. She stated that she would like the City to get another opinion from an independent arborist regarding the existing trees and find whatever measure possible to save them. She added that these trees are an important element to the neighborhood and contribute to the values of homes in the neighborhood. Jim Mosher reported that the subject house has been under construction for months and wondered if that construction activity may have caused problems with the tree. He referenced a statement in the report that the street is slated for repairs and but noted that the repairs have already been made. Vice Chair Englebrecht closed the public discussion. Parks, Beaches & Recreation Commission Minutes March 3, 2015 Page 4 Vice Chair Englebrecht noted that staff is recommending removal of the tree to mitigate a "potential" liability and reported that he is sensitive to the comments from residents in terms of getting a second opinion. In response to Commissioner Hayes's question, Manager Sereno reported that the major reason for removing the tree is the fungus at the base of the tree, indicating decay. He added that he cannot say, in certainty, that the tree will fail, but noted that staff is aware that these trees are not the healthiest trees and that they have been over-trimmed which leads to decay. He went on to say that sealing branches increases the potential for decay as well. Discussion ensued regarding if the same liability issues would occur in subsequent years, the possibility of having a consultant assess the trees and potential recommendations to remove other trees of that kind in the area. Commissioner Howald opined that a consultant arborist should be hired to assess the subject tree. He suggested that staff verify the location of the subject tree. Motion by Vice Chair Englebrecht; to continue the aforementioned item to the PB&R Commission's meeting in April. Commissioner Howald suggested amending the motion to add direction that an independent arborist assess the tree. Vice Chair Englebrecht accepted the amendment and restated the motion. Amended Motion by Vice Chair Englebrecht; seconded by Commissioner Howald to direct staff to have an independent arborist assess the subject tree and to table item 6B to April. Motion carried unanimously with Chair Cole and Commissioner Anderson absent. C. Special Tree Removal - 1700 Candlestick Lane Recommendation: Staff recommends that the PB&R Commission consider the removal of two Special Eucalyptus City Trees - Neighborhood Trees at 1700 Candlestick Lane. These trees will not be replaced due to the street light and driveway approach at close proximity to the current location of the trees. Manager Sereno presented a staff report and addressed the trees repeated hardscape damage over the years and recommendations. He added that staff spoke with the property owner and determined that the one of the two trees can be replaced between the street light and the driveway approach. He addressed needed repairs and noted that staff recommended removing the two existing trees and replace one tree. In reply to Commissioner Hayes's question, Landscape Manager Sereno reported that the tree will be replaced with the same species. Vice Chair Englebrecht opened the public discussion. Parks, Beaches & Recreation Commission Minutes March 3, 2015 Page 5 Gordon Wanless voiced support for the amended recommendation made by Manager Sereno. He suggested that the Commission visit Sherman Gardens to observe that the sidewalks wind around the trees and suggested that the City should look into this in the future. Vice Chair Englebrecht closed the public discussion. Motion by Commissioner Howald; seconded by Commissioner Hayes, to approve the removal of two Special Eucalyptus City Trees - Neighborhood Trees at 1700 Candlestick Lane and that one of the two trees will be replaced with a Eucalyptus tree between the street light and driveway approach. Motion carried unanimously with Chair Cole and Commissioner Anderson absent. D. Potential Dog Parks - Ad Hoc Committee Update Recommendation: The Ad Hoc Committee recommends that the PB&R Commission: Review and approve the Dog Park Ad Hoc Committee's list of potential dog parks by priority; and recommend funding be secured in the FY 2015/16 CIP budget to conduct a study of Priority #1 (West Newport Beach) Lower Sunset View Park undeveloped property as a potential dog park. Director Detweiler introduced the item and deferred to Recreation Supervisor Jonathan Harmon for a presentation. Supervisor Harmon provided a PowerPoint presentation addressing the makeup of the Dog Park Ad Hoc Committee, their tour of four potential dog park locations, ranking and prioritization of the locations, as well as the various factors influencing the ranking of locations. He reported on the noticing of the item and community outreach and presented recommendations. In reply to Commissioner Howald's inquiry, Supervisor Harmon noted it is unknown what the costs would be for a study. In terms of possible negative impacts of dog park activities to nearby residents, Director Detweiler stated that the elevation is such that the dog park would have minimal view impacts from nearby homes. It was noted that the dog park will be fenced and that staff would study whether the fencing would interfere with resident views. Dogs inside the park can be off leash and all dogs outside the park would need to be on leash. Discussion followed regarding the importance of having ample parking, safe entry, locations that are on City-owned properties and the possibility of building a pedestrian bridge. Director Detweiler reported that staff received five comments from residents of Villa Balboa and were emailed to each Commissioner; hard copies were provided. Vice Chair Englebrecht opened the public discussion. Parks, Beaches & Recreation Commission Minutes March 3, 2015 Page 6 Ed Shuster spoke in opposition to a dog park at Sunset View noting that dogs will not enjoy the views and that it will create a lot of unnecessary congestion in the area. Ross Robato expressed concerns regarding safety adding that Superior and Pacific Coast Highway is a potentially dangerous intersection. He urged staff to carefully consider safety in that area. Gordon Wanless expressed concerns with the lack of parking at the Sunset View Park location. He suggested "formalizing" a Dog Beach and listed the benefits of having a dog park at the beach. Dick Laney also expressed concerns with the lack of parking at Sunset View Park. He urged the PB&R Commission to carefully consider the demand for parking in the area and consider a location that has adequate and safe parking. Douglas Campton expressed concerns with increased noise and suggested that any study include that as a consideration for a specific location. Jim Mosher commented that dog parks tend to be located in out-of-the-way places. He opined that locating one at Lower Castaways Park is not a good idea and commented positively on the idea of a beach dog park and suggested the area around the proposed West Newport Community Center as a potential location. Vice Chair Englebrecht closed the public discussion. In response to a question by Commissioner Marston, Director Detweiler explained the process following the study that would include an environmental study. In it, issues such as parking, vehicular and pedestrian traffic, views and noise would be addressed. Commissioner Marston noted that an environmental study reviews alternatives and asked why the various locations would not be studied as well. Director Detweiler noted that to do those types of studies are costly. Commissioner Marston asserted that more than one location should be studied. Director Detweiler suggested the Lower Castaways location could be studied as part of the ongoing conceptual design that is currently taking place for this location. She noted that considerable work has already been done to date. Discussion followed regarding feedback received from residents of the west side of the City regarding the need for a dog park. Vice Chair Englebrecht reported that he also is concerned about the lack of parking at that location. Director Detweiler commented on the possibility of a two-tiered parking lot. Parks, Beaches & Recreation Commission Minutes March 3, 2015 Page 7 Discussion followed regarding next steps, clarification of Commission action and the need for a cost estimate for the recommended study. It was noted that Council will review the costs for funding as part of the total Capital Improvement program. Motion by Commissioner Howald; seconded by Commissioner Hayes, to approve the Dog Park Ad Hoc Committee's list of potential dog parks by priority; and recommend funding be secured in the FY 2015/16 CIP budget to conduct a study of Priority #1 (West Newport Beach) Lower Sunset View Park undeveloped property as a potential dog park. Motion carried unanimously, with Chair Cole and Commissioner Anderson absent. E. Proposed Modifications to the Civic Center Dog Park Recommendation: Staff recommends that the PB&R Commission consider the following proposed modifications to the existing Civic Center Dog Park: 1) Section for Small Dogs 2) Secure Double Gated Entry 3) Additional Water Fountain 4) Update of all Dog Park Signage Director Detweiler introduced the item and deferred to staff for a report. Supervisor Harmon provided a staff report addressing background, feedback from users as well as observations of staff and recommendations for modifications to the existing Civic Center Dog Park. He addressed noticing and community outreach and reported that staff received the following responses regarding the proposed modifications:  Facebook — 1 yes  Connect Newport (survey)— 44 yes; 12 no  Email — 2 yes; 2 no Vice Chair Englebrecht stated that the park was built too small and noted that the proposed modifications should have been considered when the original park was built. He suggested that consideration should be given to enlarging the park and expressed concerns that it is unusable adding that large and small dogs cannot be mixed. Director Detweiler addressed the layout of the location noting that the land drove the available space. She reported that the park is very successful and that staff has received good feedback from user groups. In reply to Commissioner Hamilton's inquiry, Director Detweiler explained that the terrain on the Avocado side of the park is very steep and that the easiest route to enter the park is on the MacArthur side. Commissioner Marston agreed with separate entrances for small and large dogs and suggested the possibility of having two entrances; with one on the parking lot side. Parks, Beaches & Recreation Commission Minutes March 3, 2015 Page 8 Commissioner Howald commented positively on the proposed improvements. In response to his question, Director Detweiler noted that there is self-policing in the park and addressed the possibility of adding shade to the park. In response to Commissioner Hayes's question, Director Detweiler explained the rationale for the small dog area. Vice Chair Englebrecht opened the public discussion. Jim Mosher wondered what the specifications were for distinguishing a small dog from a big dog. Vice Chair Englebrecht added that size is an important concern as there is a potential for not only dog fights, but fights among dog owners. Director Detweiler reported that usually, dogs 25 pounds and under are considered small dogs and will be reflected on the signage. Vice Chair Englebrecht closed the public discussion. Motion by Commissioner Howald; seconded by Commissioner Hayes, to approve the following proposed modifications to the existing Civic Center Dog Park: Section for Small Dogs; Secure Double Gated Entry; Additional Water Fountain; and Update of all Dog Park Signage. Motion carried by the following vote: Yes: Hayes, Hamilton, Howald, Marston Noes: Englebrecht Absent: Anderson and Cole. F. 2016 Recreation & Senior Services (RSS) Department Budget Overview - Director Detweiler will provide a PowerPoint presentation on the RSS Department FY 2015/16 Budget. Recommendation: Receive & file. Director Detweiler provided a PowerPoint presentation of the 2016 RSS Department budget addressing the opening of Marina Park, growth in the Department, total budget, salaries and benefits, maintenance and operations, capital outlay, expenditures, revenues, incorporation of Natural Resources, expansion of the Park Patrol program, special event permits, after-school enrichment programs, and classes and camps. She addressed positions being requested as part of the Marina Park project, service indicators, tracking recreation attendance, facility rentals at OASIS, human services, the fitness center and fees from classes and programs. Director Detweiler provided information on recreation programs and classes and addressed maintenance of recreation facilities. She added that the Department has done a good job of balancing staff and outsourcing and provided details of Parks, Beaches & Recreation Commission Minutes March 3, 2015 Page 9 contracted services. She addressed the budget specific to Marina Park and Sunset Ridge Park, Civic Center staffing, OASIS special events, personal-trainer program and a part-time van driver at OASIS. Additionally, she listed programs and classes at Marina Park as well as staffing requirements. Discussion ensued and the Commission commented positively on the report and on the variety and number of classes and programs offered by the City. Vice Chair Englebrecht opened the public discussion. Jim Mosher commented positively on the report and on the modification of the PB&R Commission's powers and duties relative to providing a recommendation to Council regarding the budget. He suggested that the Commission recommend to Council that they seek a recommendation from the Commission regarding the budget, in the future. Vice Chair Englebrecht closed the public discussion. The report was received and ordered filed. 7) PARKS, BEACHES & RECREATION COMMISSION / STAFF ANNOUNCEMENTS, AD HOC UPDATES OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Director Detweiler announced that the Spring Navigator will be distributed this week. She addressed the Spirit Run and Camp Newport Expo on March 15th, a Movie in the Park at Peninsula Park on March 27th, a Youth Track Meet on April 17th, a Field of Honor from May 15th through May 17th, Lawn Bowling Open House on May 9th, the Mayor's Spring Egg Roll on March 28th, and reported that the Department is currently hiring Swim Pool trainees with applications due May 11th. Vice Chair Englebrecht acknowledged the attendance of City Manager Dave Kiff to the meeting. Director Detweiler reported that a status update on Ad Hoc Committees will be presented to the Commission at a future meeting. 8) PUBLIC COMMENTS ON NON-AGENDA ITEMS Mark Arblaster, President of the Newport Mesa Soccer Club, provided information regarding the club and presented a check in payment of their field rents for the rest of the year in the amount of $17,000. He commented on the lack of lit fields, reported that the club has to rent its lights and commented on their costs to maintain the fields. Parks, Beaches & Recreation Commission Minutes March 3, 2015 Page 10 Jim Mosher commented on the Ad Hoc Dog Park Committee and suggested consulting with the City Attorney's office regarding the voting protocol for the committee. Commissioners Howald and Hayes commented on the voting process and noted that staff members on the committee did not vote. Commissioner Hayes announced the upcoming Life Guard try-outs on March 8th at 9am at Lifeguard Headquarters. Additionally, he announced the dedication of the Lifeguard Headquarters at noon, in honor of fallen Lifeguard Ben Carlson. 9) ADJOURNMENT – 8:15 PM Submitted by: ________ Teri Craig, Admin Assistant Approved by: _____ Roy Englebrecht, Vice Chair Recreation & Senior Services Monthly Activities Report To: Parks, Beaches & Recreation Commission From: Sean Levin, RSS Deputy Director Celeste Jardine-Haug, Senior Services Manager Re: Recreation & Senior Services Department Monthly Activities Report Spring Registration Spring is in the air and it’s also the perfect time to try a new class! The City of Newport Beach Recreation & Senior Services Department is proud to offer a variety of classes, camps, programs, and activities you’ll want to experience. Whether your interests include yoga, surfing, painting, or learning to speak Italian, there’s something for you. The latest issue of the Newport Navigator was mailed to residents in March. Surf Video Shoot On February 19, the Recreation Department had a video shoot for private surf lessons. The footage was used to produce a commercial that will air in local Newport Beach Hotels. The one minute and 30 second spot includes video of all 3 authorized surf companies conducting lessons and focuses on fun and safety. Although it was a little chilly that morning, the “stars” had a great time filming. The commercial is scheduled to hit local hotels soon! Item 4C April 7, 2015 2 Training Day The Department’s full-time staff once more received the opportunity to walk in someone else’s shoes this past month. Each staff member traded jobs with someone at a different location and different title within the Department. Staff members were given the opportunity to meet and prep with the person they were swapping with so that the transition would go smoothly. The goal was to give the staff member the full experience and feel for the position. This gave staff an opportunity to learn and appreciate the cumulative knowledge needed to make this Department function as a team. OASIS Manager Wins Award Congratulations to Celeste Jardine-Haug, OASIS Senior Center Manager for being awarded the Professional Champion Award from the California Parks and Recreation Society’s Aging Section. In her 26 plus years as the leader of OASIS, she has helped thousands of seniors navigate the sometimes rocky road of growing older. She is a tireless advocate, passionate activist and emboldened believer in the rights of older adults to have lives of meaning and dignity. Never one to promote “hand holding” or “head patting” of seniors, Celeste instead encourages an attitude of respect and compassion toward those just ahead of us on the road of life. The Department is lucky to have such an incredible leader! Afternoon Tea at OASIS Staff planned a lovely afternoon tea time for the members at OASIS. Besides tea, the guests enjoyed tea sandwiches, scones and cookies as they chatted amongst themselves during this time honored tradition. The entertainment was performed by Jessica Haddy and Goly Lessani playing the piano and violin. Approximately 90 people were in attendance for this enjoyable affair. 3 Youth Government Day Thank you City Employees and Departments for your participation in Youth Government Day 2015! The Newport Beach Mayor’s Youth Council established City Government Day to give high school students the unique opportunity to observe and be involved in the functions of local government. This year Youth Government Day took place on Thursday, March 19, 2015. Approximately 25 high school students took part in this unique experience! The day was divided up into three elements. Students started the day by meeting in the Community Room for a brief presentation by Mayor Selich and City Manager Dave Kiff. Each participant then spent time with a City Staff member or the Mayor. The day concluded with all students participating in a mock City Council meeting and adjourning to lunch on the lawn. Thank you again to all participants, Mayor Selich, and our staff representatives for a great event! Mayor’s Spring Egg Roll The 1st Annual Mayor’s Spring Egg Roll on the Civic Center Lawn was held on Saturday, March 28 and included egg roll races for all ages, a magic show, bounce houses, photos with the Bunny, arts & crafts, train rides, face painting and more! There was a bunny themed story time in the library, and bunny ears for attendees. Donuts and coffee were provided. 4 Movie in the Park On Friday, March 27 family and friends brought their beach chairs, blankets and picnics for a movie under the stars at Peninsula Park! The Recreation Department hosted a free showing of Academy Award winning movie, “Big Hero 6”. The movie began at dusk, but the fun started at 6pm with family friendly activities, free popcorn, free candy, and the TK Camp Newport Expo Newport Mesa Spirit Run racers and spectators caught a sneak peak of the 2015 summer camp line up at the annual Camp Newport Expo, held on Sunday, March 15. Attendees mixed and mingled with 22 of our most popular camp instructors, played games, climbed the rock wall, snapped pictures in the photo booth, and participated in a skateboarding demo. Everyone took home their “Passport to Summer Fun”- a complete line up of this year’s camp offerings. Didn’t make it to this year’s event? Don’t worry! You can check out the full schedule of summer camps and register today by visiting campnewport.com. 5 Little Fish, Big Sea, We are “One Team” The Department implemented a new peer-to-peer employee appreciation program called Little Fish, Big Sea, We are “One Team.” Department staff were given cards listing the City’s Core Values; Responsibility, Initiative, Excellent Service, One Team, and Integrity. Each month staff awarded one of these cards to an employee in the Department whom they felt exemplified one of these core values with a brief description of when and how that staff member earned the card. The employees who received all five value cards at the end of the five month period were honored at the Recreation & Senior Services Department Meeting. The cards were collected monthly and the tally is now in. Congratulations go out to Elizabeth Arciniega, Jessica Battioli, Jennifer Schulz and Sonia Villalvazo for exemplifying all five City Core Values! The appreciation program, put together by a committee in the Department known as the A-Team, includes Brason Alexander, Julie Anding, Brian Cordeiro, Shayna Foreman, Kerran Lakin, Molly Patience, Tu Phan, Danny Rice and Laura Detweiler. Part 2 begins soon. 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 February, Park Patrol had the following number of contacts: 1. REQUESTED Calls  96 with Youth Sports Groups  410 Field related issues/checks  12 Park/Picnic/reservation issues/checks  120 Community Center issues/checks  414 Playground checks  CdM Beach Contacts (total) – 2 Wood – 2 Tent 2. PUBLIC CONTACTS  316 Education  8 Alcohol  170 Dog related  Written Warning Issued: 3 – dog off leash & parking violations Facility Rentals & Special Event Permits (SEP) During the period of February 16 – March 15, 2014 there were:  13 Picnic/Park Area Rentals  5 Room Rentals  2 Field Rentals  8 Gym Rentals  12 OASIS Classroom Rentals  6 OASIS Event Center Rentals  24 Civic Center Rentals As of March 15, 2015, there were 96 Special Event Permits processed and issued for the year. Those events of note for this period are:  Ben Carlson Lifeguard HQ Memorial – 3/8 – LGHQ – attendance 500  Spirit Run 5k – 3/15 – Fashion Island – attendance: 4000 6 1 Craig, Teri From:Conway, John Sent:Wednesday, April 01, 2015 9:20 AM To:'Tommy gun' Cc:Sereno, Dan; Pisani, Mike; Craig, Teri; Lindeman, Marie Subject:RE: Avon Palm trees Sir, Thank you for your notice and expressed concern. Your attendance at the Parks, Beaches, & Recreation Commission meeting next Tuesday, April 7th, 6pm at the Civic Center would be most welcomed. However, your comments will be added to the record & forwarded to the Commissioners. Thank you, John Conway -----Original Message----- From: Tommy gun [mailto:1truiz@sbcglobal.net] Sent: Wednesday, April 01, 2015 7:33 AM To: Conway, John Subject: Avon Palm trees John Im a 45 year resident of Newport Beach and a home owner on Lower Tustin. We enjoy these palm trees everyday. We are opposing the removal of the Palm trees on Avon and would like to be kept informed of the final decision. Thank you, Tom Ruiz 219 Tustin Ave Newport Beach Ca 92663 1 Craig, Teri From:Conway, John Sent:Wednesday, April 01, 2015 10:00 AM To:'chris@seasiderealtyandinvestments.com' Cc:Sereno, Dan; Pisani, Mike; Craig, Teri; Lindeman, Marie Subject:RE: Exisitng palm trees on Avon/Tustin Sir, Thank you for your notice and expressed concern. Your attendance at the Parks, Beaches, & Recreation Commission meeting next Tuesday, April 7th, 6pm at the Civic Center would be most welcomed. However, your comments will be added to the record & forwarded to the Commissioners. Thank you, John Conway From: chris@seasiderealtyandinvestments.com [mailto:chris@seasiderealtyandinvestments.com] Sent: Tuesday, March 31, 2015 10:11 PM To: Conway, John Subject: Exisitng palm trees on Avon/Tustin Mr Conway, It has been brought to my attention that someone doesn't care for the palm trees that line the parking area just off Tustin Ave on Avon and wants them removed. How absurd is this request. These trees add to the beauty of the area. This area seems to be neglected by the city of Newport Beach when it comes to beautification but the trees in question are quite an accent. I am sure the trees add to the softening of noise on PCH between the traffic and such. The city is taking steps forward to beautify the city(noticeably Balboa Blvd) so why would you take a step backwards by removing trees(with exception to ficas). I would like to voice my opinion that the trees stay. The trees are pretty and add beach flavor to the asphalt/commericial surroundings. The city profits terribly by the amount of meter/parking money that is brought in year round from the party boats in the area of the palm trees. I am sure the trees add privacy to the late hour party goers coming home from the celebration as well as adding an aesthetic ambiance and mystique instead of looking into someone's house on the way home from a night on the party boats. Please let me know if a petition is needed to get them to stay. Regards Chris Beckner 1 Craig, Teri From:Conway, John Sent:Wednesday, April 01, 2015 10:00 AM To:'chris@seasiderealtyandinvestments.com' Cc:Sereno, Dan; Pisani, Mike; Craig, Teri; Lindeman, Marie Subject:RE: Exisitng palm trees on Avon/Tustin Sir, Thank you for your notice and expressed concern. Your attendance at the Parks, Beaches, & Recreation Commission meeting next Tuesday, April 7th, 6pm at the Civic Center would be most welcomed. However, your comments will be added to the record & forwarded to the Commissioners. Thank you, John Conway From: chris@seasiderealtyandinvestments.com [mailto:chris@seasiderealtyandinvestments.com] Sent: Tuesday, March 31, 2015 10:11 PM To: Conway, John Subject: Exisitng palm trees on Avon/Tustin Mr Conway, It has been brought to my attention that someone doesn't care for the palm trees that line the parking area just off Tustin Ave on Avon and wants them removed. How absurd is this request. These trees add to the beauty of the area. This area seems to be neglected by the city of Newport Beach when it comes to beautification but the trees in question are quite an accent. I am sure the trees add to the softening of noise on PCH between the traffic and such. The city is taking steps forward to beautify the city(noticeably Balboa Blvd) so why would you take a step backwards by removing trees(with exception to ficas). I would like to voice my opinion that the trees stay. The trees are pretty and add beach flavor to the asphalt/commericial surroundings. The city profits terribly by the amount of meter/parking money that is brought in year round from the party boats in the area of the palm trees. I am sure the trees add privacy to the late hour party goers coming home from the celebration as well as adding an aesthetic ambiance and mystique instead of looking into someone's house on the way home from a night on the party boats. Please let me know if a petition is needed to get them to stay. Regards Chris Beckner 1 Craig, Teri From:Conway, John Sent:Thursday, April 02, 2015 3:40 PM To:'Joan Irvine' Cc:Sereno, Dan; Pisani, Mike; Craig, Teri; Lindeman, Marie Subject:RE: Ms. Irvine, Thank you for your notice & concern. We’ll add your comments to the record & you are most welcome to attend the Parks, Beaches, Recreation Commission meeting April 7th at the Civic Center to voice your concern. Staff is opposed to the tree removals & public comments are most welcomed. Thank you, John Conway From: Joan Irvine [mailto:jirvine@pacbell.net] Sent: Wednesday, April 01, 2015 1:54 PM To: Conway, John Subject: I am against cutting down the Palm trees on Avon! Many of us enjoy our neighborhood beautiful surroundings. We would be left with drab surroundings so someone else could have another beautiful view over the one they already have!!! Joan Irvine 949-548-8931 Fax: 949-645-7901 Visit our Website: romerosmexicodocuments.com NEWPORT BEACH PB&R Commission Staff Report CITY OF Agenda Item No. 5C April 7, 2015 ABSTRACT: The City of Newport Beach adopted Resolution No. 6347 in 1966 that created restrictions on specific uses in open water within City limits. Subsequent resolutions modified restrictions based on public opinion and professional input. There have been a total of 14 resolutions adopted by the City Council since 1966 with the last being in 1995. With increasing popularity of all forms of recreational use the Blackball Working Group was formed in September 2013 and tasked with evaluating and revising the current regulations to enhance public access while maintaining public safety. See Exhibit A for a more in-depth look into the history of the resolution. RECOMMENDATIONS: Staff recommends that the Parks, Beaches & Recreation Commission consider: 1. That year round and Citywide, the supervising Marine Operations Watch Commander, or designee, has the authority to blackball (prohibit surfing) when an unsafe condition exists between, but not limited to hard board surfers, skim boarders, other flotation device users and other ocean water users (swimmers). 2. Adjusting the distances of Surfing Area 3 in “Little Corona” to be defined by the area of ocean between the prolongations of Poppy Avenue and Cameo Shores Road. 3. Prohibiting surfing in the area between the midline of the rock groins located on the prolongation of 40th Street and 44th Street from 10am – 5pm daily from the Saturday before Memorial Day through Labor Day. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. TO: Parks, Beaches and Recreation Commission FROM: Fire Department Rob Williams, Assistant Chief 949-644-3045, rwilliams@nbfd.net TITLE: Blackball Regulations Review and Recommendations Blackball Regulations Review and Recommendations April 7, 2015 Page 2 DISCUSSION: Overview of Process The Blackball Working Group was established in September 2013 to review current municipal codes and Council resolutions regarding regulation of surfing and flotation device restrictions. The Blackball Working Group members are:  Ron Cole – PB&R Commission Chair  Marie Marston – PB&R Commissioner  Rob Williams – Assistant Chief, Fire Department  Mike Halphide – Lifeguard Battalion Chief, Fire Department  David McGill – Deputy Chief, Police Department  Sean Levin – Deputy Director, Recreation & Senior Services Department  Racquel Valdez – Manager, Recreation & Senior Services Department The goals of the Working Group are:  To solicit input from the community on current blackball surfing regulations;  To develop and discuss thoughtful, educated changes to existing rules (if any) pertaining to the dates, times and locations of Blackball; and  To bring forth recommendations to the Parks, Beaches and Recreation Commission for review prior to their recommendation to the City Council. The Working Group first met on September 11, 2013 and discussed the purpose of the review and history of blackball regulation, and identified a course of action and a public outreach program. The public outreach program included the development of a City webpage, email for public comments, a community open forum and small group discussions with organized groups. In February 2014 the PB&R Commission asked for additional data to make an informed decision on Blackball regulations. From May 2014 through October 2014, the Marine Operations Division collected data about usage across various beach areas. After a comprehensive review of surfing regulations, the Blackball Working Group recommends: Recommendation #1 – (See Exhibit B) Year round and Citywide, the supervising Marine Operations Watch Commander, or designee, has the authority to blackball (prohibit surfing) when an unsafe condition exists between, but not limited to, hard board surfers, skim boarders, other flotation device users and other ocean water users (swimmers). Blackball Regulations Review and Recommendations April 7, 2015 Page 3 – The current resolution states that from June 15 to September 10 of each year, surfing is prohibited in Area No. 1, No. 2, or No. 3, or any portion thereof, whenever the blackball flag is displayed on the beach or on the closest lifeguard tower. The blackball flag shall generally be displayed from 12:00 noon to 4:00 p.m. during this period, unless, in the opinion of the supervising Marine Safety Lieutenant, the conditions in the water during that period do not create any significant potential for conflict between surfers and other users. – The proposed adjustment to the language clarifies the ability to enforce blackball when a conflict arises at any location and any time versus the current language having suggested dates and times when the blackball should generally be enforced, or the ability to not blackball when conditions don’t warrant enforcement. Recommendation #2 – (See Exhibit C) Adjust the distances of Surfing Area 3 in “Little Corona” to be defined by the area of ocean between the prolongations of Poppy Avenue and Cameo Shores Road. – The current language states to the end of the City Boundary. – The proposed language would allow for the annexation of Newport Coast since the City Boundary now extends into the California State Park system of Crystal Cove. It is necessary to define the boundary of the City’s jurisdiction to enforce ocean regulations. Recommendation #3 Prohibit surfing in the area between the midline of the rock groins located on the prolongation of 40th Street and 44th Street from 10am – 5pm daily from the Saturday before Memorial Day through Labor Day. – Currently the regulation states it must be blackballed all hours from May 1st through October 31st. – The proposed language would reduce the blackball period from 6 months to approximately 3 months and from all hours of the day to 7 hours per day. 2014 Data 40-44 Beach Usage Observation Data (See Exhibit D) In February 2014 the PB&R Commission asked for additional data to make an informed decision on Blackball regulations. From May 1, 2014 through October 31, 2014 (6 months), the Marine Operations Division collected data about usage across various beach areas. Blackball Regulations Review and Recommendations April 7, 2015 Page 4  2014 Lifeguard Staffing - Tower staffing data indicated a lower crowd load in May and in September / October. Tower 44 was staffed with a lifeguard 3 of 23 days (13%) in May, pre-memorial day weekend and 17 of 60 days (28%) post Labor Day. The staffing for tower 44 outside of the period from Memorial Day through Labor Day was 24% or 1 of 4 days. - Towers are staffed when there is an expectation of crowds and or conditions that warrant a lifeguard such as conflicts between hard board surfers and other water users. This staffing data directly indicates a low number of beach users and a proportionate decrease in need for regulations.  Water Usage Observations - The usage of the area by swimmers was statistically small in the mornings. During the 7:30am observations, only 7% of the users were swimmers, this climbs to 28% at 10am and by midday swimmers comprised over 53% of the water users. - Conversely the data indicates a high level of surfing use in the morning and little surfing in the 40-44 area during the mid-day / afternoon. - The data reflects when either lifeguard tower 40 or 44 were staffed, compliance with the blackball regulations were greater than when the towers were not staffed. This was noted from our daily data collection at 7am, 10am, 1pm and 4pm. - Data collected reveals that the months of May, September and October do not necessitate entirely prohibiting surfing in the area. The Marine Operations Watch Commander would evaluate locations daily to determine if blackball should be enforced based on safety. NOTICING: Notice was mailed to residents within 500 feet of 40th to 44th Streets and The Wedge. Additionally the West Newport Residents Association, Peninsula Point Residents Association and members of the public who signed in at the October 21st, 2013 public forum were notified via email. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Exhibit – A. History of Blackball in Newport Beach B. Surfing Area 1-3 C. Surfing Area 3 D. 2014 40-44 Beach Usage Data 1 | Page EXHIBIT A Summary of the History of Blackball Policy in the City of Newport Beach Blackball regulation in the City of Newport Beach commenced in May of 1966. Resolution 6347 created limitations from June 10 - September 15 each calendar year. During the restricted date range, three designated surf areas were established. All other areas were closed to surfing, and surfing areas were closed to swimmers.  Area 1: 19th Street to 30th Street from 7:30 am to 11:00 am  Area 2: 30th Street to the Westerly boundary of the City from 4:00 pm to sunset  Area 3: 20ft- 200ft East of the East Jetty open from 6:00 am-12:00 pm (Monday through Friday), and 6:00 am to 10:00am and 6:00 pm –sunset (Holidays, Saturdays, and Sundays). Subsequent Council Resolutions from 1967 through 1978 modify the zones, times, and created closure areas such as 40th – 44th streets. On November 25, 1985 the Council approved Resolution 85-94 that prohibited the use of all flotation devices at the Wedge. On March 13, 1989, Resolution 89-10 further modified blackball restriction in the area from 40th – 44th streets. At this time the Council voted to eliminate the 8:00 am to 6:00 pm time frame and close the area at all times from May 1st to October 31st. Also, the Wedge flotation device restriction was limited to summer months when the Wedge lifeguard tower was staffed and a blackball flag was displayed. In 1993, the Council revisited the 1985 Wedge restrictions. Mayor Turner noted several in attendance at the May 10 meeting were present to address the Wedge issue. A letter and petition (112 signatures) was submitted to the Council by Roger Darnell and a second letter submitted by Bill Sharp (600 signatures) stating opposition to the 1985 Wedge restrictions, and advocating for board riding to continue during the periods when the blackball flag is not displayed. At this time, the Wedge Preservation Society and the Balboa Peninsula Point Association endorsed a proposal to completely limit all flotation devices from the West Jetty to “M” Street year round. The outcome of the discussion in 1993 was clarification of the Wedge area to include the area from the West Jetty to the water in front of Tower P. In Resolution 93-33 (May 10, 1993) the Council also moved to restrict floatation devices from 10:00 am to 5:00 pm from May 1st to October 31st. The Resolution passed 4-2. In 1995, Mayor Hedges referred the blackball issue to the PB&R Commission to review. Mayor Hedges advocated a blackball program that would allow for more discretionary enforcement. On August 1, 1995 the PB&R Commission held a meeting and to listen to requests from the Wedge Preservation Society and Newport Surf Council. The Commission unanimously approved a motion to meet with representatives from the surf industry, Marine Division, and the Commission “to formulate a compromise for the Commission’s final recommendation at their September 5 meeting.” (PB&R Meeting Minutes, August 1, 1995) 2 | Page Between August 1 and September 4, 1995 the Blackball Revision Subcommittee met with various groups and received correspondence outlining various proposals and opinions regarding the blackball issue. Correspondence included:  On August 8, 1995 Bill Sharp and the Newport Surf Council advocated for areas open to mixed use (surfing and swimming).  On August 24, 1995 the Lido Sands Community Association advocated to uphold the current policies on blackball.  On September 4, 1995 the West Newport Beach Association advocated to uphold the current policies on blackball and a petition to “Keep blackball hours as they are” with 211 signatures from homeowners along Seashore and adjacent blocks  Five letters from private citizens both in support and against blackball regulations On August 22, 1995 the Blackball Revision Subcommittee held a meeting to review proposed costs of six potential proposals, liability information, and the Fire/Marine Department swimmer/surfer use survey. On August 29, 1995 the Blackball Revision Subcommittee sent their recommendations to the Parks Beaches and Recreation Commission to amend Resolution 93-33 to three all-day surf and swim areas from 36th – 40th streets, 44th – 48th streets, and 52nd – 56th streets. On October 9, 1995, the Community Services Director and Fire and Marine Director reported to the Council the findings of the PB&R Commission. Several groups were involved in the 1995 discussion. The Newport Surf Council submitted a petition with 2,082 signatures that supported an end to Blackball regulation. The Wedge Preservation Society proposed extending blackball to 8:00am until 6:00 pm (set at 10:00 am to 5:00 pm in 1993) and modifying the dates in favor of a year-round blackball. In addition to the various groups, several individuals spoke at the meeting supporting both proposals. Congressman Dana Rohrabacher spoke in support of three all-day surf areas. The PB&R Commission recommended to Council three all-day surf and swim areas from 36th – 40th streets, 44th – 48th streets, and 52nd – 56th streets, and to extend the blackball time at the Wedge from 5:00 pm to 6:00 pm. The fiscal impact of the PB &R proposal was estimated at $4458.00 (labor and signage) for the first year and $2692.00 subsequent years. Several of the Council Members asked questions to the Marine Safety Director regarding enforcement, staffing, and how the discretionary policies would be implemented. A motion was made by Councilmember Glover to adopt the PB&R Commission plan but keep the current policies at the Wedge. Councilmember Watt then motioned to amend the previous motion to extend the blackball time to 6:00 pm. The motion was carried and voted on, but the amendment did not pass. In Council Resolution 95-116 sets times of blackball as generally between 12pm to 4pm at the discretion of the supervising Marine Safety Lieutenant. BA L B O A B L V D N EWPORTCOAST D RBALBOABLVD E COASTHWYE SUP ERIORAVEFORD R D BALBOABLVDW COASTHWYW COASTHWYE COASTHWY WNEWPORTBLVD BONI TA C A N Y O N DREASTBLUFF D R NEWPORTCOAST D R BISON A V ECOASTHWYEJAMBOREERDSANJOAQUINHILLSRDMACARTHURBLVDSurfingArea 2 SurfingArea 3 SurfingArea 1 Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Surfing_Areas_Resol95_116.mxd Surfing Areas (1-3)(Per Council Resolution 95-116)City of Newport BeachGIS DivisionMarch 31, 2015 0 0.550.275 MilesI COASTHWYE N EWPORTCOAS T D R COASTHWYECameo Shores Road Extension(Recommended South Limit)Poppy Avenue Extension(Existing North Limit)City Boundary (Existing Sout h Li mit ) California StatePark Jurisdiction California StatePark Jurisdiction Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Surfing_Area3_Regulations.mxd Surfing Area #3(Per Council Resolution 95-116)City of Newport BeachGIS DivisionMarch 12, 2015 0 1,900950 FeetI 2014 40‐44 May, September & October Usage EXHIBIT D - 1 OF 2 Swimmers 7:30 2%Board Users 7:30 31%Surf/Skim 7:30 67% May‐7:30am Swimmers 7:30 1%Board Users 7:30 31%Surf/Skim 7:30 68% September ‐7:30am Swimmers 7:30 12% Board Users 7:30 43% Surf/Skim 7:30 45% October ‐7:30am Swimmers 10:00 12% Board Users 10:00 67% Surf/Skim 10:00 21% May 10 am Swimmers 16:00 47% Board Users 16:00 49% Surf/Skim 16:00 4% May 4pm Swimmers 13:00 58% Board Users 13:00 42% Surf/Skim 13:00 0% May 1 pm Swimmers 13:00 45% Board Users 13:00 55% Surf/Skim 13:00 0% September 1 pm Swimmers 10:00 25% Board Users 10:00 61% Surf/Skim 10:00 14% September 10am Swimmers 16:00 40% Board Users 16:00 57% Surf/Skim 16:00 3% September 4pm Swimmers 13:00 40% Board Users 13:00 59% Surf/Skim 13:00 0% October 1 pm Swimmers 16:00 29%Board Users 16:00 66% Surf/Skim 16:00 5% October 4pm Swimmers 10:00 16% Board Users 10:00 70% Surf/Skim 10:00 14% October 10am 2014 40‐44 Beach Usage Data ‐ Early Morning Usage EXHIBIT D - 2 OF 2 Swimmers 7:30 2%Board Users 7:30 31%Surf/Skim 7:30 67% May Swimmers 7:30 5%Board Users 7:30 26%Surf/Skim 7:30 69% June Swimmers 7:30 21% Board Users 7:30 42% Surf/Skim 7:30 37% July Swimmers 7:30 3% Board Users 7:30 64% Surf/Skim 7:30 33% August Swimmers 7:30 1%Board Users 7:30 31%Surf/Skim 7:30 68% September Swimmers 7:30 12% Board Users 7:30 43% Surf/Skim 7:30 45% October NEWPORT BEACH PB&R Commission Staff Report CITY OF Agenda Item No. 5D April 7, 2015 ABSTRACT: The area known as “The Wedge” has been famous for a dynamic wave created by the angle of the swell direction hitting the west entrance channel jetty of Newport Harbor and the beach. It was considered a body surfing mecca for many years. With the changing demographics of water sports, The Wedge has become popular with many forms of surfing, including hard boards, body boards and skim boards. The City Council approved Resolution No. 93-33 (May 10, 1993) to restrict floatation devices from 10am to 5pm from May 1st to October 31st and to include the area from the West Jetty to the water in front of Tower P. See Exhibit A for a more in-depth look into the history of the resolution. RECOMMENDATIONS: Staff recommends that the Parks, Beaches & Recreation Commission consider: 1. Adjusting the location defining the area known as The Wedge to 20 feet from the West Jetty of the Newport Harbor entrance channel to 600 feet northwest along the mean high tideline. 2. Modifying the area known as The Wedge to prohibit flotation devices from 10am – 5pm daily from the Saturday before Memorial Day through Labor Day. Flotation devices are any device that has the ability to float an individual on or near the surface of the water. Examples include, but not limited to, surfboard, skim board, body board and kickboard, FUNDING REQUIREMENTS: There is no fiscal impact related to this item. TO: Parks, Beaches & Recreation Commission FROM: Fire Department Rob Williams, Assistant Chief 949-644-3045, rwilliams@nbfd.net TITLE: Blackball Regulations Review and Recommendations – The Wedge Blackball Regulations Review and Recommendations – The Wedge April 7, 2015 Page 2 DISCUSSION: Overview of Process The Blackball Working Group was established in September 2013 to review current municipal codes and Council resolutions regarding regulation of surfing and flotation device restrictions. The Blackball Working Group members are:  Ron Cole – PB&R Commission Chair  Marie Marston – PB&R Commissioner  Rob Williams – Assistant Chief, Fire Department  Mike Halphide – Lifeguard Battalion Chief, Fire Department  David McGill – Deputy Chief, Police Department  Sean Levin – Deputy Director, Recreation & Senior Services Department  Racquel Valdez – Manager, Recreation & Senior Services Department The goals of the Working Group are:  To solicit input from the community on current blackball surfing regulations;  To develop and discuss thoughtful, educated changes to existing rules (if any) pertaining to the dates, times and locations of Blackball; and  To bring forth recommendations to the Parks, Beaches and Recreation Commission for review prior to their recommendation to the City Council. The Working Group first met on September 11, 2013 and discussed the purpose of the review and history of blackball regulation, and identified a course of action and a public outreach program. The public outreach program included the development of a City webpage, email for public comments, a community open forum and small group discussions with organized groups. In February 2014 the PB&R Commission asked for additional data to make an informed decision on Blackball regulations. From May 2014 through October 2014, the Marine Operations Division collected data about usage across various beach areas. The Wedge is different from many other surf breaks. There is typically only one wave that peaks in the area, creating potential conflicts between multiple users. After a comprehensive review of surfing regulations, the Blackball Working Group has reached the following recommendations: Recommendation #1 (See Exhibit B) Adjust the location defining the area known as the Wedge to 20 feet from the West Jetty of the Newport Harbor entrance channel to 600 feet northwest along the mean high tideline. Blackball Regulations Review and Recommendations – The Wedge April 7, 2015 Page 3 - Currently, the regulation states from 20 feet from the West Jetty to lifeguard Tower “P”. Tower “P” is a moveable object and although it is moved infrequently, it does on occasion get moved due to high surf and the changing demographics of the beach frontage. - Changing the distance to 600 feet creates a finite distance that remains constant and consistent with other areas that use measurements rather than movable landmarks. The current location of Tower “P” is approximately 750 feet on the water line from the West Jetty. - The current boundary includes the surf break known as “Cylinders”. Implementing a 600 foot boundary would exclude the “Cylinders” break from The Wedge regulation giving access to board users during regulated periods. - “Cylinders” is not a break traditionally ridden by The Wedge bodysurfers. This change codifies an existing practice of allowing board users to access “Cylinders” when Tower “P” is not staffed. Recommendation #2 An adjustment to the dates of “no flotation device” regulations to the area known as “The Wedge” from 10am to 5pm from the Saturday prior to Memorial Day through to Labor Day. - Current regulations call for blackball May 1st through October 31st. Tower staffing at The Wedge outside of June, July & August correspond with the crowd and expected ocean conditions. - Prior to Memorial Day weekend, Tower Wedge was staffed 3 days (13%), post Labor Day the Wedge was staffed 20 days in September (66%) and 8 days in October (26%). - Marine Operations staffing prior to and post summer months depends on weather, surf, crowd conditions and safety concerns. Positions are staffed based on the crowded areas that pose safety concerns to the visitors of the beach. In May, September and October, Tower Wedge was staffed 31 out of 83 days. This indicates that 63% of the time the crowd did not necessitate safety concerns and warrant staffing at Tower Wedge. - The data reflects the composition of users is impacted by the staffing of a tower lifeguard at The Wedge. When a tower lifeguard is present, the rates of board users violating the restrictions are close to 0%. When not staffed, board users can comprise 15-50% of the total population during prohibited periods. - The Marine Operations Watch Commander would have the authority to implement Blackball (flotation device) restrictions at The Wedge outside of the recommended dates if safety concerns indicate an expected or actual need for regulation. Blackball Regulations Review and Recommendations – The Wedge April 7, 2015 Page 4 2014 Data Collection - Wedge Usage Data (See Exhibit C) In February 2014 the PB&R Commission asked for additional data to make an informed decision on Blackball regulations. From May 1, 2014 through October 31, 2014 (6 months), the Marine Operations Division collected data about usage across various beach areas. NOTICING: Notice was mailed to residents within 500 feet of 40th to 44th Streets and The Wedge. Additionally the West Newport Residents Association, Peninsula Point Residents Association and members of the public who signed in at the October 21st, 2013 public forum were notified via email. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Exhibit – A. History of Blackball in Newport Beach B. The Wedge Surfing Area C. 2014 Data Collection – Wedge User Observations 1 | Page EXHIBIT A Summary of the History of Blackball Policy in the City of Newport Beach Blackball regulation in the City of Newport Beach commenced in May of 1966. Resolution 6347 created limitations from June 10 - September 15 each calendar year. During the restricted date range, three designated surf areas were established. All other areas were closed to surfing, and surfing areas were closed to swimmers.  Area 1: 19th Street to 30th Street from 7:30 am to 11:00 am  Area 2: 30th Street to the Westerly boundary of the City from 4:00 pm to sunset  Area 3: 20ft- 200ft East of the East Jetty open from 6:00 am-12:00 pm (Monday through Friday), and 6:00 am to 10:00am and 6:00 pm –sunset (Holidays, Saturdays, and Sundays). Subsequent Council Resolutions from 1967 through 1978 modify the zones, times, and created closure areas such as 40th – 44th streets. On November 25, 1985 the Council approved Resolution 85-94 that prohibited the use of all flotation devices at the Wedge. On March 13, 1989, Resolution 89-10 further modified blackball restriction in the area from 40th – 44th streets. At this time the Council voted to eliminate the 8:00 am to 6:00 pm time frame and close the area at all times from May 1st to October 31st. Also, the Wedge flotation device restriction was limited to summer months when the Wedge lifeguard tower was staffed and a blackball flag was displayed. In 1993, the Council revisited the 1985 Wedge restrictions. Mayor Turner noted several in attendance at the May 10 meeting were present to address the Wedge issue. A letter and petition (112 signatures) was submitted to the Council by Roger Darnell and a second letter submitted by Bill Sharp (600 signatures) stating opposition to the 1985 Wedge restrictions, and advocating for board riding to continue during the periods when the blackball flag is not displayed. At this time, the Wedge Preservation Society and the Balboa Peninsula Point Association endorsed a proposal to completely limit all flotation devices from the West Jetty to “M” Street year round. The outcome of the discussion in 1993 was clarification of the Wedge area to include the area from the West Jetty to the water in front of Tower P. In Resolution 93-33 (May 10, 1993) the Council also moved to restrict floatation devices from 10:00 am to 5:00 pm from May 1st to October 31st. The Resolution passed 4-2. In 1995, Mayor Hedges referred the blackball issue to the PB&R Commission to review. Mayor Hedges advocated a blackball program that would allow for more discretionary enforcement. On August 1, 1995 the PB&R Commission held a meeting and to listen to requests from the Wedge Preservation Society and Newport Surf Council. The Commission unanimously approved a motion to meet with representatives from the surf industry, Marine Division, and the Commission “to formulate a compromise for the Commission’s final recommendation at their September 5 meeting.” (PB&R Meeting Minutes, August 1, 1995) 2 | Page Between August 1 and September 4, 1995 the Blackball Revision Subcommittee met with various groups and received correspondence outlining various proposals and opinions regarding the blackball issue. Correspondence included:  On August 8, 1995 Bill Sharp and the Newport Surf Council advocated for areas open to mixed use (surfing and swimming).  On August 24, 1995 the Lido Sands Community Association advocated to uphold the current policies on blackball.  On September 4, 1995 the West Newport Beach Association advocated to uphold the current policies on blackball and a petition to “Keep blackball hours as they are” with 211 signatures from homeowners along Seashore and adjacent blocks  Five letters from private citizens both in support and against blackball regulations On August 22, 1995 the Blackball Revision Subcommittee held a meeting to review proposed costs of six potential proposals, liability information, and the Fire/Marine Department swimmer/surfer use survey. On August 29, 1995 the Blackball Revision Subcommittee sent their recommendations to the Parks Beaches and Recreation Commission to amend Resolution 93-33 to three all-day surf and swim areas from 36th – 40th streets, 44th – 48th streets, and 52nd – 56th streets. On October 9, 1995, the Community Services Director and Fire and Marine Director reported to the Council the findings of the PB&R Commission. Several groups were involved in the 1995 discussion. The Newport Surf Council submitted a petition with 2,082 signatures that supported an end to Blackball regulation. The Wedge Preservation Society proposed extending blackball to 8:00am until 6:00 pm (set at 10:00 am to 5:00 pm in 1993) and modifying the dates in favor of a year-round blackball. In addition to the various groups, several individuals spoke at the meeting supporting both proposals. Congressman Dana Rohrabacher spoke in support of three all-day surf areas. The PB&R Commission recommended to Council three all-day surf and swim areas from 36th – 40th streets, 44th – 48th streets, and 52nd – 56th streets, and to extend the blackball time at the Wedge from 5:00 pm to 6:00 pm. The fiscal impact of the PB &R proposal was estimated at $4458.00 (labor and signage) for the first year and $2692.00 subsequent years. Several of the Council Members asked questions to the Marine Safety Director regarding enforcement, staffing, and how the discretionary policies would be implemented. A motion was made by Councilmember Glover to adopt the PB&R Commission plan but keep the current policies at the Wedge. Councilmember Watt then motioned to amend the previous motion to extend the blackball time to 6:00 pm. The motion was carried and voted on, but the amendment did not pass. In Council Resolution 95-116 sets times of blackball as generally between 12pm to 4pm at the discretion of the supervising Marine Safety Lieutenant. ! ! OCEANFRONTE (Existing N/W Limits)600' Limits(Recomme n d e d L i m i t s - 6 0 0 ' ) (Existing Li m i t s )Wes t Je t ty Edge20' bu f fe r MeanHighTideLine TP TW Surfing_Area_Regulations_Wedge.mxd The Wedge Surfing Area(Per Council Resolution 95-116)City of Newport BeachGIS DivisionMarch 12, 2015 0 15075 FeetI 2014 Wedge Beach Usage Data ‐ Prior to Enforcement of the 10am Blackball Regulation Exhibit C Swimmers 13:00 86% Board Users 13:00 9% Surf/Skim 13:00 5% May 1 pm Swimmers 16:00 84% Board Users 16:00 12% Surf/Skim 16:00 4% May 4 pm Swimmers 10:00 40%Board Users 10:00 49% Surf/Skim 10:00 11% May 10 am Swimmers 16:00 50% Board Users 16:00 45% Surf/Skim 16:00 5% June 4 pm Swimmers 10:00 12% Board Users 10:00 52% Surf/Skim 10:00 36% June 10 am Swimmers 13:00 58% Board Users 13:00 41% Surf/Skim 13:00 1% June 1 pm Swimmers 10:00 66% Board Users 10:00 25% Surf/Skim 10:00 9% July 10 am Swimmers 13:00 100% Board Users 13:00 0% Surf/Skim 13:00 0% July 1 pm Swimmers 16:00 100% Board Users 16:00 0% Surf/Skim 16:00 0% July 4 pm Swimmers 13:00 98% Board Users 13:00 2% Surf/Skim 13:00 0% August 1 pm Swimmers 16:00 100% Board Users 16:00 0% Surf/Skim 16:00 0% August 4 pm Swimmers 10:00 66% Board Users 10:00 30% Surf/Skim 10:00 4% August 10 am Swimmers 13:00 91% Board Users 13:00 8% Surf/Skim 13:00 1% September 1pm Swimmers 16:00 90% Board Users 16:00 10% Surf/Skim 16:00 0% September 4 pm Swimmers 10:00 39%Board Users 10:00 47% Surf/Skim 10:00 14% September 10am Swimmers 13:00 93% Board Users 13:00 4% Surf/Skim 13:00 3% October 1 pm Swimmers 16:00 72% Board Users 16:00 24% Surf/Skim 16:00 4% Oct 4 pm Swimmers 10:00 29% Board Users 10:00 55% Surf/Skim 10:00 16% October 10am This Parks, Beaches & Recreation Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Parks, Beaches & Recreation Commission agenda be posted at least seventy-two (72) hours in advance of each regular meeting and that the public be allowed to comment on agenda items before the Parks, Beaches & Recreation Commission and items not on the agenda but are within the subject matter jurisdiction of the Parks, Beaches & Recreation Commission. The Parks, Beaches & Recreation Commission may limit public comments to a reasonable amount of time, generally three (3) minutes per person. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (“ADA”) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. If requested, this agenda will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Please contact the Parks, Beaches & Recreation Commission Secretary at least forty-eight (48) hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible at (949) 644-3151 or recreation@newportbeachca.gov. CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION AGENDA CITY COUNCIL CHAMBERS @ CIVIC CENTER 100 Civic Center Drive TUESDAY, April 7, 2015– 6PM PB&R Commission Members: Staff Members: Ron Cole, Chair Roy Englebrecht, Vice Chair Tom Anderson Kathy Hamilton Laird Hayes Walt Howald Marie Marston Laura Detweiler, Recreation & Senior Services Director Sean Levin, Recreation & Senior Services Deputy Director Mike Pisani, Acting Municipal Operations Co-Director Dan Sereno, Landscape Manager Teri Craig, Administrative Support Specialist 1) CONVENE MEETING OF THE PARKS BEACHES & RECREATION COMMISSION TO ORDER 2) ROLL CALL 3) NOTICE TO THE PUBLIC Public comments are invited on agenda items generally considered to be within the subject matter jurisdiction of the PB&R Commission. The City provides a yellow sign-in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the PB&R Commission. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The PB&R Commission has the discretion to extend or shorten the speakers’ time limit on agenda or non-agenda items, provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or set them in the silent mode. 4) CONSENT CALENDAR All matters listed under Consent Calendar 4A-4C are considered by the PB&R 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. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Chair. A. Minutes of the March 3, 2015 meeting. Recommendation: Waive reading of subject minutes, approve and order filed. B. Parks & Operations Division Activity Report. Recommendation: Receive/file Activity Report. C. Recreation & Seniors Services Activity Report. Recommendation: Receive/file Activity Report of past and upcoming projects and events. 5) CURRENT / NEW BUSINESS – Staff Report A. Special Tree Removal – 1924 Tradewinds Lane (Leeward Lane side) Recommendation: Staff recommends that the PB&R Commission consider the removal of one Special Tomlinson Ash City Tree – Neighborhood Tree at 1924 Tradewinds Lane (Leeward Lane side) due to root decay and street work that will add to the root loss; if approved tree will be replaced with same type tree. B. Denial of Tree Removal – 204 Tustin Avenue Recommendation: Staff recommends that the PB&R Commission deny the removal request of Robert Corbin to remove 16 healthy Queen Palm trees due to view obstruction of the harbor. 2 C. Blackball Regulations Review & Recommendations Recommendation: Staff recommends that the PB&R Commission consider: (1) That year-round and Citywide, the supervising Marine Operation Watch Commander, or designee, has the authority to blackball (prohibit surfing) when an unsafe condition exists between, but not limited to, hard board surfers, skim boarders, other flotation device users and other ocean water users (swimmers). (2) Adjusting the distances of Surfing Area 3 in “Little Corona” to be defined by the area between the prolongations of Poppy Avenue & Cameo Shores Road, (3) Prohibiting surfing in the area between the midline of the rock groins located on the prolongation of 40th Street & 44th Street from 10am – 5pm daily from the Saturday before Memorial Day through Labor Day. D. Blackball Regulations Review & Recommendations – The Wedge Recommendation: Staff recommends that the PB&R Commission consider: (1) Adjusting the location defining the area known as “The Wedge” to 20 feet from the West Jetty of the Newport Harbor entrance channel to 600 feet northwest along the mean high tideline. (2) Modifying the area known as “The Wedge” to prohibit flotation devices from 10am to 5pm daily from the Saturday before Memorial Day through Labor Day. 6) PARKS, BEACHES & RECREATION COMMISSION / STAFF ANNOUNCEMENTS, AD HOC UPDATES OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) 7) PUBLIC COMMENTS ON NON-AGENDA ITEMS Public comments are invited on non-agenda items generally considered to be within the subject matter jurisdiction of the PB&R Commission. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The PB&R Commission has the discretion to extend or shorten the speakers’ time limit on non-agenda items, provided the time limit adjustment is applied equally to all speakers. 8) ADJOURNMENT