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Home My WebLink AboutPBR AGENDA 05-05-2015 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, May 5, 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 April 7, 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. Denial of Tree Removal – 204 Tustin Avenue Recommendation: Staff recommends that the PB&R Commission deny the removal request of Robert Corbin at 204 Tustin Avenue to remove 16 healthy Queen Palm trees due to his view obstruction of the harbor as they do not meet the removal criteria of City Council Policy G-1. B. Denial of Tree Removal – 316 Montero Street Recommendation: Staff recommends that the PB&R Commission deny the removal request of Kelly O’Connor at 316 Montero Street to remove one City tree as it does not meet the removal criteria of City Council Policy G-1. 2 Agenda – 5/5/2015 Page 2 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 April 7, 2015 – 6:00 PM 1) CONVENE MEETING OF THE PARKS BEACHES & RECREATION COMMISSION TO ORDER – 6:00 PM 2) ROLL CALL Present: Ron Cole, Chair Roy Englebrecht, Vice Chair Tom Anderson Kathy Hamilton Walt Howald – arrived 6:10pm Marie Marston Absent: Laird Hayes Staff: Laura Detweiler, Recreation & Senior Services Director Sean Levin, Recreation & Senior Services Deputy Director Mike Pisani, Acting Municipal Operations Co-Director John Conway, Urban Forester Teri Craig, Administrative Support Specialist Rob Williams, Assistant Chief, Lifeguard Operations Mike Halphide, Lifeguard Battalion Chief Chair Cole announced that agenda Item 5B will be continued until the next meeting and will not be heard tonight. 3) NOTICE TO THE PUBLIC 4) CONSENT CALENDAR 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. Chair Cole opened the public discussion; seeing none the public discussion was closed. Parks, Beaches & Recreation Commission April 7, 2015 Page 2 Motion by Vice Chair Englebrecht, seconded by Commissioner Marston, to approve the Consent Calendar. The Motion carried by the following roll call vote: Ayes: Anderson, Cole, Englebrecht, Hamilton, Marston Absent: Hayes, Howald 5) CURRENT / NEW BUSINESS - Staff Report Commissioner Howald arrived at 6:10pm. 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 a Tomlinson Ash at the same location. Urban Forester John Conway presented the report reminding the Commission that this item had been continued from last month after discussion regarding the specific address and the request to staff to provide an outside arborist opinion. He referenced a report from Consulting Arborist Lisa Smith and presented her recommendations. He addressed prior Commission comments and direction and results of the report. He urged the Commission to consider removal of the tree based on these findings. Discussion followed regarding the background of the Consulting Arborist, the existing rating system, costs of the evaluation and the value of the subject tree. Chair Cole opened the public discussion. David Harper referenced emails submitted by his neighbors stating that it is their hope to save this tree. He stated that they had obtained an evaluation, at their cost, from an independent arborist whose recommendations are contrary to the findings of the City's Consulting Arborist and Urban Forester. He added that their independent arborist concluded that the tree should not be removed at this time but rather continue to monitor the tree annually, for structural defects, trim out the limbs on an annual cycle, and continue the maintenance schedule. Mr. Harper addressed the height and the diameter of the proposed replacement tree versus the tree in place and urged the Commission to consider that should this tree be removed or fail in the future that any replacement tree would be more mature and larger than what is currently planted by the City. He distributed copies of the independent arborist report for review by the Commission. Christy Jackson provided additional information about the independent arborist and also referenced her report. She urged the Commission to save the tree. Parks, Beaches & Recreation Commission April 7, 2015 Page 3 Jim Mosher commented on the Commission's prior consideration noting that at that time there didn't seem to be an urgency to remove the subject tree. He addressed recent street repairs in the area and the reason for the resulting tree rating and added that it is unclear how this tree came to the City's attention for removal. Chair Cole closed the public discussion. Urban Forester Conway commented on the residents' independent arborist's recommendations and noted that the report does not mention the decay in terms of the conks that are evident at the trunk of the subject tree. He reported that the tree came to the City's attention as a result of work being done in the area adjacent to the tree. He added that whenever there are conks on a fruiting tree body that will be evidence of decay either with the rooting system or the structure of the tree. He reported that street maintenance in the area has been completed and that tree roots were removed. Urban Forester Conway reiterated that conks suggest that the tree is decaying and reported that staff will continue to assess other trees in the immediate area as well. At the request of the Commission, Urban Forester Conway addressed the street improvement project and commented on the status of other trees in the area and the need to monitor those trees on that street. Discussion followed regarding the property which the tree fronts and it was noted that the property is currently on the market. Discussion continued regarding the possibility of monitoring the tree, potential risks and the possibility of upsizing the proposed replacement tree from a 36” box. Motion by Commissioner Anderson, seconded by Vice Chair Englebrecht, to have staff monitor the tree for the next six months; additionally, provide information to the neighbors regarding a 48” box Tomlinson Tree as a replacement tree, should the tree continue to decay. The motion carried by the following roll call vote: Ayes: Anderson, Cole, Englebrecht, Hamilton, Howald, Marston Absent: Hayes 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. The aforementioned item is continued to the next PB&R Commission meeting, as announced by Chair Cole earlier in the meeting. Parks, Beaches & Recreation Commission April 7, 2015 Page 4 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, hardboard 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. Chair Cole reviewed the hearing process to the audience. Assistant Chief Lifeguard Operations Rob Williams introduced himself and Lifeguard Battalion Chief Mike Halphide and presented the staff report and PowerPoint. He addressed the purpose of the Working Group, as established by City Council direction, deliberations, members of the Working Group, background, community outreach, development of guidelines and criteria relative to collecting data, data analysis and development of recommendations. He presented the Blackball Working Group recommendations to the Commission. Assistant Chief Williams then addressed the current resolution, the location of Surfing Areas 1, 2 and 3, and recommended changes to the resolution that would provide flexibility to the Marine Operations Watch Commander to blackball whenever there are unsafe surfing conditions; at any time during the year. He noted that this recommendation will memorialize current safety practices. Assistant Chief Williams also noted that recommendation 2 will provide increased clarity in terms of the definition of Surfing Area 3 and allow for the prohibition of surfing on an "as needed" basis. Battalion Chief Halphide referenced a data collection sheet and reported that the data was collected three times per day at The Wedge and four times a day between 40th and 44th Streets to capture the population at the beach. He addressed the results of their observations during the various times of the day between May to October. He added that high usage seems to occur in the early morning hours during specific periods. Assistant Chief Williams addressed tower staffing during specific months of the year. He noted that higher staffing occurs during times of specific surf conditions and large crowds. Parks, Beaches & Recreation Commission April 7, 2015 Page 5 Commissioner Anderson commented that that the information provided tonight is very clear and thanked Assistant Chief Williams, Battalion Chief Halphide and the Blackball Working Group for their work. Commissioner Hamilton also thanked staff and the Working Group for their hard work and stated that she is impressed with the results. In response to Vice Chair Englebrecht's inquiry, Assistant Chief Williams explained the criteria that a Watch Commander would use to declare blackball. He stated that the Fire Department already has an internal policy in place where consideration is given to the intended use of the ocean and based on the number of beach visitors. He added that the Fire Department is reviewing that policy as well. Commissioner Howald commented positively on the proposed recommendations. He noted that it appears that they narrow areas and expand the periods of time to permit surfing from the existing resolution. In response to his inquiry, Assistant Chief Williams reported that there is sufficient staff for increased enforcement and added that the internal criteria used by the Watch Commander is included in Department policies and available for public review. Chair Cole commented on the current policy noting that the staff has the discretion not to blackball if conditions do not warrant doing so, in areas other than 40th to 44th Streets, based on the data of the day. Chair Cole opened the public discussion. Mike Rosener spoke on the topic that is being used to divide ocean lovers. He reported that he represents 15 families and comments that they know if they want to body surf they go to The Wedge or to ride a long board they go to Blackies. He went on to say that he respects all disciplines and that body boarding has been taking place between 40th to 44th Streets for many years. He commented that it is confusing that the City would want to shorten the time at 40th to 44th Streets adding that it is packed with surfers at 6am and from sundown until dark. He stated that he believes that this data had not been taken into consideration in the report and that there is a need for a place that is safe for kids and beginning swimmers and surfers as well. He opined that the time for prohibiting surfing should be extended not shortened. Bill Sharp representing the Newport Surf Council commented positively on dividing general surfing discussions from The Wedge but expressed disappointment that dedicated surfing areas have been removed. He commented positively on the data collected noting that they reflect the actual and true needs of the beach and the surfing community. Tony Kramer stated that he was speaking specifically about recommendation 3 for his son Shane and eight of his friends. He stated that by having Lifeguards make a determination of blackball, puts them in a tight spot, and the practice will not work in favor of body boarders. He added that once blackball has been declared that there are enforcement issues and suggested dedicating specific areas as a "no surfing" area for Parks, Beaches & Recreation Commission April 7, 2015 Page 6 specific periods of time. Additionally that the area between 40th and 44th Street is the only area where kids can go without the fear of being hit by a board and that it is important to reserve that area for body boarding. Don Pelanko agreed with the previous speaker and stressed that the most important issue is safety. He added that to step back from what is available now, would be an injustice to all body boarders. He went on to say that allowing hard boarders in the area between 40th and 44th Street is unsafe noting that he has been hit by a hard board in the head, and had to go to the emergency room. He urged the Commission to keep the current regulation in place and keeping the area for body boarders. Doug Collier noted the need to keep in mind that the surf and waves are a limited resource with an unlimited demand placed on it. He acknowledged that everyone would like their own section and commented on challenges when areas are allocated to specific groups. He commended the City for focusing on safety and avoiding injuries and for their work in this regard. Diane Edmonds, representing a Facebook group, Wedge for All, stated that people would like to see equality in terms of access. She commended staff for their proposal and thanked them for the work and efforts. She stated that people can body board anywhere in Newport and that the only place body boarding is excluded is at The Wedge during blackball hours. She commented that while she would like to see a dedicated surfing area in West Newport, that the proposed policy is a good compromise and that by taking it back to three months, creates a uniform, consistent policy, throughout Newport. Kevin Murphy stated that he surfs and body surfs and reported that surfers dominate the water. He commented on problems between surfers and body surfers between 40th and 44th Streets and reported that Lifeguards are not enforcing the rules. He suggested making a law and sticking by it, but noted that cutting down the hours is not right. He urged the City to find a compromise and a win-win for everyone. Assistant Chief Williams encouraged Mr. Murphy to contact him if he experiences any enforcement issues with staff in the future. Patrick Towers stated there are certain areas of the ocean that are conducive for different types of wave riding and that there are different users of the ocean. He noted the need to allocate surfing-only breaks and swim-only breaks and opined that there should be no time limits on surfing or swimming. He added that declaring blackball should be left to the discretion of lifeguards. Robert Cook agreed with the previous speaker but that there is a need for dedicated areas for specific uses. He reported that everyone loves The Wedge and that there needs to be a fair allocation of time for various users. He addressed the various groups of riders and reported that the small body surfing group is always allowed in the water at The Wedge and that they want to continue the 1993 Wedge blackball ban. It restricts the majority of users, seven hours a day, seven days a week for six months, every year. He Parks, Beaches & Recreation Commission April 7, 2015 Page 7 opined that probably seven hours a day is not fair, but that all other beaches in Newport Beach have a consistent, four-hour period lasting three months a year; which is perfect. Chair Cole reminded the audience that there will be a separate discussion about The Wedge. Jim Mosher commented on the creation of the Blackball Working Group and noted that it sounds as if the PB&R Commission will be changing the rules but reminded everyone that these recommendations are part of the City Council resolution and that they have the final decision. He urged clarification of the matter and added that the PB&R Commission will be forming a recommendation to present to Council who will act on the item sometime in the future. Assistant Chief Williams acknowledged that staff will present a staff report to City Council based on the PB&R Commission recommendations tonight. Aaron Peluso pointed out that the beach throughout Newport is open to swimmers and body boarders at all times and that staff is creating a separate area for body surfers and another for body boarders but there is no separate area for surfing or skim boarding. He added that it is shameful that a father cannot take his child out at 2pm on any day to surf in Newport Beach. Amy Tilo, Endless Sun Surf School, stated that there needs to be a designated swimming zone and a designated surfing zone noting that the practice exists in many other cities in California, without problems. She expressed concerns that City recreation classes are sometimes interrupted by blackball. She questioned if the Commission would be discussing the area around the Newport Pier in the future. Spencer Ruzicka commented on his and his father's background and noted on the use of different areas by different wave riders. He spoke in support of maintaining the current rules while promoting safety for everyone. Mike Glenn referenced a past commentary by Congressman Dana Rohrabacher noting that Newport Beach is the only surf city that practices blackball and does not have a dedicated surfing area. T.K. Brimer commented that everyone here wants it their way but noted that is not possible. He reported that compromise is necessary and addressed the importance of safety although he is not happy with the proposed compromise at least it is a compromise. Ron Ebell stated that the area between 40th and 44th Streets needs to be kept for body boarding noting that it is the only place that many people can body board safely. He agreed with designating a specific area just for surfing. Stephan Jeremias spoke that he respects and trusts the recommendations presented tonight. He encouraged the PB&R Commission to forward these recommendations to City Council for their action. Parks, Beaches & Recreation Commission April 7, 2015 Page 8 Brett Ranek stated that he is a retired City of Newport Beach Lifeguard and reported that there is already a surfing area at 68th Street north and that blackball does not go up there. He commented that the area between 40th and 44th Streets is a small area to ask for exclusive use. He added that enforcement varies; depending on the person working on a specific day and that it is difficult to have a teenager make decisions regarding safe conditions. He spoke in favor of maintaining the existing rules as they have worked for over 20 years. Tim Tilo, Endless Sun Surf School stated that it is dangerous for surfers and swimmers to share the same environment and urged support of designating specific zones for surfing and swimming. Chair Cole closed the public discussion. Commissioner Anderson thanked staff and the Working Group for their work. He stated that it is unusual not to have a designated surfing area and recommended that this be considered at some point in the future. He reminded the audience that everyone will get "another bite of the apple" when this matter is presented to City Council. He reported that he is willing to give the recommendations a try, but agreed that enforcement is the biggest issue. Commissioner Hamilton agreed with Commissioner Anderson's comments and acknowledged that enforcement is challenging but necessary and that it must be considered. Vice Chair Englebrecht reported that enforcement is critical and commented on increased altercations in the water. He added that until there are procedures and recommendations on how to enforce blackball, nothing should be changed. He noted the need to develop a policy to eliminate and or remedy future problems. He urged the Commission to consider Mr. Reddick's statements and reiterated the need for a procedure for enforcement. Commissioner Howald asked on the availability of staffing to enforce blackball. Assistant Chief Williams reported that staffing is based on the conditions of the day and that enforcement is for all regulations, not just blackball. Commissioner Howald commented on allowing the authority to blackball as needed. Battalion Chief Halphide noted that compliance is higher when the towers are opened and staffed. He also noted that “teenagers” do not make decisions regarding blackball and enforcement, that it is the decision by the Lifeguard Captain and or Watch Commander. He went on to state that the lifeguards work well with the Police Department to gain compliance when a higher source of enforcement is needed. Parks, Beaches & Recreation Commission April 7, 2015 Page 9 Commissioner Howald added that it is important for enforcement, to have community support. He added that recommendation 2 seems purely jurisdictional and has nothing to do with restrictions. He added that reliance on the Fire Department, Lifeguards, Police and staff is necessary in order to ensure safety on the beaches. Commissioner Marston reported that as part of the Working Group, there were many walks, observations and meetings and discussions held regarding how and when to gather data. She stated that recommendation 1 merely memorializes what is currently in place. She added that in the last 20 years, the dynamics of ocean users have changed significantly and that they had spent a lot of time discussing the possibility of a dedicated area and ultimately decided not to because in essence, there was one already, in the West Newport area (from 71st Street to the Jetty). Vice Chair Englebrecht commented on a new product called “Cat Surf” a 54 inch soft board but can be injurious to people. He asked whether this or other types of boards will need to be considered within the resolution as well. Assistant Chief Williams noted that this type of board is already defined in the resolution as a type of floating device and will not be changed. Chair Cole commented on recommendations 1 and 2 noting he has no problem with them, but is open to discussion and or adjustment on recommendation 3. Additionally, he commented on dedicated surfing areas and reported that the Working Group discussed that matter quite a bit. Discussion followed regarding the possibility of memorializing no blackball at 68th Street north and dedicating it to surfing only. It was noted that there are or could be an occasion when those areas should be blackballed and that the way it is now allows for the flexibility to blackball if and when needed. It was noted that the beaches in Newport Beach are different from others Cites because there are homes along the entire coastline in Newport Beach. Discussion continued regarding the possibility of modifying time frames. Motion by Commissioner Howald; seconded by Commissioner Marston, to approve recommendations 1-3, as written, and forward to City Council for their review. Substitute Motion by Chair Cole; seconded by Vice Chair Englebrecht, to approve recommendations 1 and 2; to amend recommendation 3 to state that surfing is prohibited in the area between the midline of the rock groins located on the prolongation of 40th Street & 44th Street, 24 hours a day, from the Saturday before Memorial Day through Labor Day. The Substitute Motion failed by the following roll call vote: Ayes: Cole, Englebrecht, Hamilton Noes: Anderson, Howald, Marston Absent: Hayes Parks, Beaches & Recreation Commission April 7, 2015 Page 10 Amended Motion by Commissioner Marston; seconded by Commissioner Howald, to approve recommendations 1-3 with the caveat that recommendation 3 be monitored during the summer and that staff report back in six months. Assistant Chief Williams stated that without Council direction the six month trial would not be possible this year because we have a current resolution that has to be enforced. Restated Amended Motion by Commission Marston; seconded by Commissioner Howald, to approve recommendations 1-3 with the caveat that staff monitor recommendation 3 for a full summer with City Council approval. The Restated Amended Motion carried by the following vote: Ayes: Anderson, Cole, Hamilton, Howald, Marston Noes: Englebrecht Absent: Hayes Chair Cole called for a recess at 8:02pm. The PB&R Commission reconvened at 8:12pm with all Members present, with Commissioner Hayes absent. 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. Assistant Chief Lifeguard Operations Williams provided a staff report and details of each recommendation. He presented a picture of the area and addressed existing limits and proposed changes and noted that the changes will give more discretion to blackball on an as-needed basis. Lifeguard Battalion Chief Halphide provided details of the data collection process including observations at the various times of the day during May through October. He noted higher compliance when towers are staffed and addressed enforcement. Assistant Chief Williams reported that prior to Memorial Day, the towers were staffed three days (13%) and they were staffed 20 days (66%) after Labor Day. They were staffed eight days in October (26%). In response to Commissioner Anderson's inquiry, Battalion Chief Halphide reported that when the towers are not staffed, there are still lifeguards on duty providing patrol. The intent is to have them patrol areas where there are higher densities of ocean users. Parks, Beaches & Recreation Commission April 7, 2015 Page 11 He added that staffing is typically 10am to 5pm. He reported that there is a camera in the area which is used in collaboration with the Police Department but that there are no statistics available, as part of this data set, regarding injuries. Chair Cole opened the public discussion. Graham Donath reported that he body surfs at The Wedge regularly and spoke about fairness and access to the break by all parties, and the issue of safety. He stated that the staff report does not deal with any of those issues and commented on the times in which data was collected. He addressed potential conflict and that it should have been a bigger part of the discussion of the Working Group. He also noted that there is no enforcement or consequences when rules are violated. Lee Hernandez distributed a chart to the Commission for their review and thanked the Working Group for their work. He explained that the graph displays the average daylight time from May to October in which various water riding activities occur. Averaging the data he presented, he reported that body surfers net 11 more minutes, per month, than the other activities. He reported that it results in a relatively equal time for all users. He commented on injuries that can occur when the various users share the same environment. Joe Sims reported that the best time to surf is between dawn and 10am or noon. He stated that surfers already have the best quality waves and want more. He asked the PB&R Commission to help ensure fairness. Speaker (no name provided) noted that when the towers are not staffed, people do not follow the rules. He spoke in support of the current rules but stated that there should be three months for body surfing. He commented on safety hazards related to news agencies filming at the beach. Sean Starky commented on an injury he suffered while body surfing The Wedge and urged the Commission to consider safety. Keith Head noted that as a prior Lifeguard that the current system works for body surfers, board surfers and boogie boarders and balances well between the three groups. He spoke against reducing body surfing at The Wedge to three months and urged the PB&R Commission to maintain the current rules. Charles McCaw explained why blackball at The Wedge should remain as it currently exists. He addressed the importance of safety and fair play and commented on the lack of language in the Code relative to body surfing. He stated that if it is not broken, then don’t fix it. He went on to say that the existing regulations are fair to both groups riding The Wedge. J.T. Nicholson addressed the importance of noting weather patterns rather than holidays. Parks, Beaches & Recreation Commission April 7, 2015 Page 12 Robert Cook stated that if body surfers have an exclusive safety time there should be an exclusive safety time for other users as well. He added that the rules must be consistent and noted that body surfers must compete with three other groups. He stated that five hours would be more-than-fair. Tim Burnham, Junior Member of The Wedge Preservation Society, asked all body surfers in attendance to stand. He stated that body surfing is his passion and reported that he is currently working on a documentary regarding The Wedge and the blackball issue. He referenced a statement in the staff report regarding The Wedge being considered a body surfing mecca for many years but stressed that it still is. He added that body surfing is more popular than ever and commented on the decreasing popularity of board surfing and skim boarding. He believed that reducing the blackball months will do nothing more than complicate things and create a more dangerous and hostile environment for all parties. He added that lifeguards already have the discretion to blackball when needed. Josh Yocam stated that he was representing the Association of Newport Beach Ocean Seasonal Lifeguards, and on his relationship with the Association. He recommended against any changes to the current staffing and scheduling time table for blackball at The Wedge. He addressed the moving tower (Tower P), and the use of objects and landmarks to differentiate areas. Darin Stalva commented on south swells at The Wedge during the early fall months and safety concerns with other wave riders. He encouraged maintaining the current regulations at The Wedge. Jim Mosher spoke regarding the current regulations in terms of the defined Wedge area. He added that the staff report refers to Resolution No. 93-33 and commented on its definition of The Wedge area. Diane Edmonds stated that the Blackball Working Group are the experts on this topic and have spent a lot of time and effort to develop the proposed changes. She encouraged the Commission to acknowledge that many of the arguments presented tonight are emotional and personal, and that this group of body surfers here tonight refers to themselves as a fraternity and the City policy should not be preferential to fraternities. She questioned the absence of Commissioner Hayes and noted that he was absent during previous blackball discussions. She went on to say that it is a shame that there is a Commissioner who does not attend such important meetings. Ms. Edmonds noted that the only time The Wedge breaks is on a south swell and that the south swell season is approximately from May 1st to October 31st. She stated that the recommendation to reduce the blackball period to three months is fair. Brandon Kennedy noted his appreciation for being able to express his opinion and reported that The Wedge also has waves in the winter months. He commented on the potential risk for the City and encouraged the PB&R Commission to leave things the way they are, as they have proven successful for many years. He added that it is safer for the City and all concerned parties. Parks, Beaches & Recreation Commission April 7, 2015 Page 13 Scott Matthews suggested collecting data before 10am noting that staff would find there are no body surfers during that time. He added that typically, board surfers respect the body surfers time. Chuck Olson wondered about the motivation in terms of potential liabilities and addressed the perception of unfairness of time adding that there is no discrepancy in the amount of time allocated to each group. He spoke in support of a permanent and dedicated hard board surfing area. He reported that the nature of body surfers is a "sharing" nature and suggested a blackball of 10am to 5pm across the board. He commended the Working Group and its efforts and work and commented on creating harmony between groups. He encouraged the Commission to consider safety and the allocated hours. Milo Rodriguez stated that he is a Garden Grove body boarder and that the issue really comes down to three months. He added that The Wedge is "rough and tumble" play and that the City is immune from liability. Aaron Peluso referenced his petition for the banning or elimination of blackball at The Wedge entirely. He reported that The Wedge is a world-class wave location for all groups and that fairness is a difficult task. He expressed concerns that data was collected only during blackball hours and reported that if it were collected at other times it would show a much higher usage among board riders as compared to swimmers. He addressed Go Pros and athletic photography and assumed that they had been counted as swimmers in the final count. He believed that the proposal is taking a step back and if adopted, approximately 750 hours are being given to body surfers for exclusive use while surfers and other wave riders are given zero hours of exclusive use. He added that The Wedge is always open to body surfers and that there is no equality in time. Father Matt Munoz thanked the Commission and lifeguards for their work. He spoke against the proposed changes and agreed that the regulations should be kept as they currently exist. Ron Pringle stated that he is from Laguna Beach and supports maintaining blackball as it currently exists. He urged the Commission to keep it this way to ensure safety. Finn Burke commented on The Wedge being a body surfing beach and spoke in support of keeping the present blackball regulations in place. Kevin Murphy stated that the fact lifeguards not being around during specific times of the year should not result as a detriment to wave riders. He urged the Commission to maintain the current regulations and commented on a major altercation that he witnessed, between Mr. Halphide and a surfer. Stephen Jensen opined that three months is better than six and spoke in support of the proposed changes. Parks, Beaches & Recreation Commission April 7, 2015 Page 14 Dave Ellis stated he has been body surfing The Wedge since 1973 and has seen many changes over the years. He spoke in support of the current blackball regulations and reported that body surfing started at The Wedge. Scott McFetters reported that he enjoys body surfing most and commented on the importance of safety. He expressed concerns that board surfers get prime time at The Wedge. John Karram spoke in support of maintaining the status quo at The Wedge. Chair Cole closed the public discussion. Chair Cole asked Josh Yocam to come forward to continue his comments. Josh Joaquim again stated that he was speaking on behalf of the Association of Newport Beach Ocean Lifeguards. He went on to say that typically lifeguards use landmarks (such as Tower P) in their assessment of varying situations and doing so makes their jobs, easier. He commented on challenges with enforcement and stated that the Association stands against recommendation 1 and 2. He added that if there is a safety concern, there should be a lifeguard assigned in the area. He addressed injuries to lifeguards on duty in 2014 and stated that extending the window of people to enter this area of the beach, puts lifeguards at great risk. Commissioner Anderson thanked the public for sharing their thoughts and commented on the uniqueness of The Wedge. He stated that he is unmoved to change anything at The Wedge and will not support any change. Assistant Chief Williams addressed advanced life-saving efforts occurring at The Wedge and Tower P in 2014. Commissioner Hamilton thanked staff and expressed appreciation for the knowledge. Vice Chair Englebrecht noted that Newport Beach is one of the top three of the best surfing destinations on the entire planet and stated that there is no reason to change anything. He stated that he also will not support the recommendations. Commissioner Howald commented on the timing in terms of the south swell, on challenges with enforcement and on cutting back the time from six months to three. He stated that he will not support the recommendations. Chair Cole stated it has been a pleasure working with the Blackball Working Group and noted that this was a tough issue to consider. He addressed safety and taking users comments into consideration and stated that he will support the recommendations. Parks, Beaches & Recreation Commission April 7, 2015 Page 15 Motion by Commissioner Englebrecht; seconded by Commissioner Anderson, to not approve recommendations 1-2, as written. The Motion failed by the following roll call vote: Ayes: Anderson, Englebrecht, Howald Noes: Cole, Hamilton, Marston Absent: Hayes Discussion ensued regarding separating recommendations 1 and 2. Motion by Commissioner Marston; seconded by Chair Cole, to approve recommendation 1, as written. The Motion carried by the following roll call vote: Ayes: Anderson, Cole, Englebrecht, Hamilton, Howald, Marston Absent: Hayes Motion by Commissioner Englebrecht; seconded by Chair Cole, to not approve recommendation 2, as written. The Motion failed by the following roll call vote: Ayes: Anderson, Englebrecht, Howald Noes: Cole, Hamilton, Marston Absent: Hayes Motion by Chair Cole; seconded by Commissioner Marston, to approve recommendation 2, as written. The Motion failed by the following roll call vote: Ayes: Cole, Hamilton, Marston Noes: Anderson, Englebrecht, Howald Absent: Hayes 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) - None 7) PUBLIC COMMENTS ON NON-AGENDA ITEMS - None 8) ADJOURNMENT – 9:45 PM Submitted by: ________ Teri Craig, Admin Assistant Approved by: _____ Ron Cole, 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 ISOpod Is Introduced To Teachers The Natural Resources team unveiled the new education outreach vehicle, the ISOpod, to Orange County educators at a Teacher Open House on Saturday, March 28th. Participants visited the Back Bay Science Center, where they received an online registration tutorial, engaged in a sample classroom activity, enthusiastically collected and sifted through mud for estuarine invertebrates, and hopped on board the Interactive Sealife Outreach pod (ISOpod). The group included teachers from public, private, and Title I schools, serving preschool through 8th-grade students. Some brought young kids, adding a lively preview of the truck's target audience! The teachers left the event excited to sign up for programs for their schools and eager to share what they learned with colleagues. They took home goodie bags full of promotional materials and a free classroom activity sheet to use immediately. This event was highly successful in raising awareness of and engagement in this new educational opportunity. For more information about ISOpod program offerings and reservations, visit www.ISOpodOC.org. Movie in the Park On Friday, March 27, the Recreation & Senior Services Department hosted a showing of Big Hero 6 at Peninsula Park. A crowd of 1,000 gathered with their beach chairs and blankets for the movie under the stars. The night kicked off with music, popcorn, candy and activities hosted by Skyhawks Sports. The TK Burger truck was on-site serving burgers and fries as glow sticks lit up the sky. A special thank you to Mayor Pro Tem Diane Dixon, for giving the opening welcome. Item 4C May 5, 2015 2 International Water Polo in Newport Beach The Marian Bergeson Aquatic Center welcomed eight international water polo teams this past week playing host to FINA’s Men’s Water Polo World League Intercontinental Tournament. Teams included the United States, Canada, Australia, Brazil, Argentina, China, Japan, and Kazakhstan. The tournament drew fans from all over and offered a clinic for youth to practice and get tips from players on the USA National Team. Australia ended up winning the gold medal and the United States earned the bronze medal after an intense semi-final ending in a shoot-out. OC Family Camp Expo The Newport Beach Recreation & Senior Services Department was invited to join in the 6th Annual Summer Camp & Activities Fair held Saturday, March 28, 2015 at the Orange County Market Place in Costa Mesa. The fair gives OC parents the opportunity to meet with camp representatives and engage in booth activities to find the perfect match for their children. Approximately 250 people stopped by our booth to get a reusable Camp Newport tote and collected information on our summer camps! Check out the full schedule and register today by visiting www.campnewport.com. Mayor’s Spring Egg Roll The fun “rolled” at the Civic Center Lawn on Saturday, March 28. The event was inspired by the Annual White House Egg Roll and involves racing others while scooting your colored egg with a wooden spoon. Those who attended made crafts, jumped in bouncers, played with bubbles, watched a magic show, rode a train, and took pictures with the famous Civic Center bunnies! Egg Roll participants won special treat bags and children received complimentary bunny ears. 3 Health & Wellness Lecture: Movement Solutions for Common Chronic Injuries On April 23 OASIS Fitness Center personal trainer and biomechanist, Robert Keller provided a presentation on how Chronic lower back, knee and shoulder pain can result on how well we may or may not be moving while performing daily living and recreational activities as well as how research-based proper movement methods can enable you to reduce pain and “get back in the game.” California Parks & Recreation Society District 10 Awards Banquet The California Parks and Recreation Society (CPRS) for District 10 is an organization that boasts over 4000 members statewide and exists as a resource for recreation professionals. The organization purpose is to help professionals within the field gain knowledge on best practices, techniques, products and trend in order to assist with career development and allow opportunities for leadership. This year’s District 10 Banquet was held at Mission Viejo’s Norman P. Murray Community and Senior Center. Recreation and Senior Services Staff were in attendance as members of CPRS. Our staff, in their dedication to the field, were recognized for their outstanding work, achievements and pursuit of higher education. As the Director of Recreation & Senior Services, I am proud of the work our staff does for our community and their diligence in improving our services, themselves, and the profession. They are leaders amongst leaders. At the CPRS Conference in March, Celeste Jardine Haug, was awarded the Professional Champion Award from CPRS and she now has these fellow coworkers joining her in the honor of being a CPRS award or scholarship winner for the 2014 year. AWARD & SCHOLARSHIP WINNERS Jennifer Sisoev, Scholarship Recipient Jennifer is currently a Recreation Supervisor at the OASIS Senior Center. Jennifer is attending Cal State Fullerton and is in pursuit of her Masters of Science in Gerontology. Jonathon Harmon, Scholarship Recipient Jonathon is currently a Recreation Supervisor in charge of Youth Services and is working on earning his Master’s degree in Public Administration from Arkansas State University. Justin Schmillen, Mark Feldman Award Mark Feldman was a dedicated and gifted young recreation professional who had a significant impact on the profession and District 10. This award is presented annually, in his name, to a professional who is full of creative ideas and deeply involved in the organization as well as community. Justin, while serving on the Mentor Committee, used his leadership skills and creativity to develop a strong team and has been instrumental in providing focused and innovative opportunities for the students. Justin is always willing to help and we are thankful for his dedication to District 10. Janet Cates, Special Recognition Award Janet has worked in the recreation profession for over 30 years, making numerous and noteworthy contributions to the communities she has served. She is an outstanding member of District 10 and a vital member of multiple committees including Mentoring, on which she has been a part of for over a decade, and the Scholarship committee. In addition, Janet served as the District 10 President in 2006. Janet is known for her dedication to the recreation field and her passion for helping other professionals succeed. Her heart is always in the work she does as an engaged leader and doer. Janet, is retiring this June from the City of Newport Beach after a dedicated career serving the community, her staff and colleagues. Best wishes to Janet and thank you for your seven years of service to Newport Beach. Congratulations to all! 4 Canine Companions Returns to OASIS! On April 9, Canine Companions for Independence (CCI) returned to OASIS to give a formal presentation about the services they provide. Canine Companions for Independence, is a non-profit organization that enhances the lives of people with disabilities by providing highly trained assistance dogs and ongoing support. Participants were able to interact with the four puppies-in-training and also watch a demonstration of some of the skills they’ve been trained to do by their handlers. Annual Volunteer Recognition at OASIS Every year, both staff and the Friends of OASIS celebrate our volunteers by holding a fun luncheon/recognition event. It is our way of saying thank you to everyone who helps our Center function in the most efficient way. Over 140 volunteers put in over 20,000 hours a year helping in various areas of the Center from the Travel Office to the meals on wheels program. We are grateful to these special people. Frank E. Anderson Track Meet of Champions On April 17, the Annual Youth Track Meet of Champions was held at Corona del Mar High School. It was another successful year with over 300 participants enjoying events such as the softball throw, long jump, 400m run and more. The athletic group managed to break 14 of the Newport Beach records; nine in the female’s division and five in the boy’s division. From the track meet, 97 qualified athletes will continue on to the SCMAF-OC Track and Field Championship that will be held on Sunday, May 3. Special thanks go out to the Newport Balboa Rotary Club, Justin Schmillen, Molly Patience, and all the Recreation & Senior Services staff as well as volunteers that came together to put on an amazing and fun event for the participants as well as the parents. 5 Functional Mobility Lecture Join us on Thursday, May 7 from 6-7pm at OASIS as we welcome Michael Ryan, Certified Mobility Specialist and OASIS Personal Trainer. Michael will present material useful to those looking to gain and/or maintain their mobility. There will also be an opportunity to take part in a demonstration. Attendees are encouraged to wear clothing that’s comfortable to move in. Registration is required for this free lecture. Please call 949-644-3244 or email oasiscenter@newportbeachca.gov 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 March, Park Patrol had the following number of contacts: 1. REQUESTED Calls  202 with Youth Sports Groups  581Field related issues/checks  15 Park/Picnic/reservation issues/checks  128 Community Center issues/checks  410 Playground checks  CdM Beach Contacts (total) – 50 BBQ – 2 Wood – 42 Tent 2. PUBLIC CONTACTS  509 Education  35 Alcohol  200 Dog related  Written Warning Issued: 4 for fire ring violations and parking violations  Citations Issues: 12 for parking issues 6 Facility Rentals & Special Event Permits (SEP) During the period of March 16 – April 15, 2014 there were:  16 Picnic/Park Area Rentals  5 Room Rentals  2 Field Rentals  8 Gym Rentals  12 OASIS Classroom Rentals  7 OASIS Event Center Rentals  34 Civic Center Rentals As of April 15 , 2015, there were 128 Special Event Permits processed and issued for the year. Those events of note for this period are: Movie at Peninsula Park – 3/27 –– attendance 500 Mayors Egg Roll – 3/28 – Civic Center –– attendance 500 Mighty Ducks Beach Party 4/18 – Balboa near Pier –– attendance 500 Thu, 5/7 6-7pm OASIS, 801 Narcissus, Room 1 — Free Fri-Sun 5/15-17 Castaways Park, Dover Drive & 16th Street, Noon - Free Sat, 5/9 5pm Anniversary, OASIS, 801 Narcissus — $50 Sat, 5/9 10am-3pm 1550 Crown Drive North - Free Sat, 5/6 7-9pm Back Bay Science Ctr, 600 Shellmaker Rd - Free Thu, 5/14 1:30pm Meet @ Big Canyon Parking Lot — Free Sat, 5/16 1:30pm Meet @ Little Corona Lifeguard Tower — Free TO: FROM: TITLE: =CITY OF============ NEWPORT BEACH PB&R Commission Staff Report Parks, Beaches & Recreation Commission Agenda Item No. ~:-:-= May 5, 2015 Municipal Operations Department \}J\{l--- Mike Pisani, Acting Municipal Operations Department Co-Director 949 644-3055, mpisani@newportbeachca.gov Denial of Tree Removal Request-204 Tustin Avenue RECOMMENDATION: Staff recommends that the Parks, Beaches, and Recreation deny the removal request of 16 Queen Palm trees located at 204 Tustin Avenue due to view obstruction of the harbor. Retention of the trees is recommended because the trees are healthy, not creating a liability, and the G-1 Policy does not provide for the removal of City trees due to view obstruction. DISCUSSION: The April 7, 2015 Commission meeting agenda included a report to consider the appeal of the denial for the removal request of 16 Queen Palm trees near the corner of 204 Tustin Avenue due to view obstruction of the harbor. The applicant deferred the request to May 5, 2015 meeting in order to contact neighboring residents and property owners and due to a clerical error was not adequately notified of the meeting. NOTICING: Council Member Tony Petros and Robert & Sini Corbin have received a copy of this report. Additionally, surrounding property owners were notified of the Commission Meeting related to this item via postcard. Attachments: (A) Agenda Item 58 from April 7, 2015 PB&R Commission Meeting (B) Emails/photos from Mr. Robert Corbin TO: FROM: TITLE: =CITY OF=========== NE."W· ·. 1P· "or-:R'T' a-·E·'·A, ·.CrH. : -:-· · / l , .. -!" -J ! ,. · ,, _,... r'· i ' ' ' .... ---,._ '. . " -, PB&R Commission Staff Report Parks, Beaches & Recreation Commission Agenda Item No. 58 April?, 2015 Municipal Operations Department r A An Mike Pisani, Acting Municipal Operations DepVrtVnfent~r 949 644-3055, mpisani@newportbeachca.gov Denial of Tree Removal Request-204 Tustin Avenue RECOMMENDATION: Staff recommends that the Parks, Beaches, and Recreation deny the removal request of 16 Queen Palm trees located at 204 Tustin Avenue due to view obstruction of the harbor. Retention of the trees is recommended because the trees are healthy, not creating a liability, and the G-1 Policy does not provide for the removal of City trees due to view obstruction. DISCUSSION: In December 2014, Mr. Robert Corbin requested removal of 16 Queen Palm trees near the corner of 204 Tustin Avenue due to view obstruction of the harbor. Mr. and Mrs. Corbin are residents and property owners at 216Tustin Avenue. The trees were installed in the early 2000's in an effort to upgrade the landscape at the municipal parking Jot off Tustin Avenue. The Palm trees at 204 Tustin Avenue are on annual trimming cycle to prevent frond drop, which keeps the canopy at a manageable level and helps maintain the view. In January, the City Arborist, Landscape Manager, and Department Co-Director determined the trees to be in good health with no evidence that the Palm trees were creating a potential liability; therefore, staff recommended retaining the trees. The Risk Manager and City Manager concurred with this determination. City Council Policy G-1 (Retention or Removal of City Trees) allows trees to be removed for a very limited number of reasons. Among them are a history of damaging infrastructure (sewers, water lines, streets, or sidewalks); interfering with street or sidewalk drainage; a tree being dead, diseased, or dying; and removal in conjunction with a City Council-approved beautification program. There are no justifications in the G-1 Policy for removal due to view obstructions. ATTACHMENT A Denial of Tree Removal Request-204 Tustin Avenue April 07, 2015 Page 2 G-1 Policy allows interested parties to appeal staff denials of tree removals to the PB&R Commission. Consequently, Mr. and Mrs. Corbin have requested to appeal staff's denial of the removal of the trees at 204 Tustin Avenue to the Commission. The Commission may either direct the removal of the trees or uphold staff's decision to retain the trees. NOTICING: Council Member Tony Petros has received a copy of this report. Additionally, surrounding property owners (Attachment C) were notified of the Commission Meeting related to this denial of tree removal request via postcard. Attachments: A. Claim-related Information B. Tree Removal Report and Photographs C. Map highlighting surrounding property owners notified of the Commission Meeting ) February 15,2015 Mr, Mike Pisani, Deputy Director of Municipal Operations Department Mr. Dan Sereno, Landscape Manager City ofNewport Beach Municipal Operations Department Parks, Beaches and Recreation Commission PO Box 1768 Newport Beach, California 92658-8915 RE: Appeal of Tree Removal at 204 Tustin Dear Mr. Pisani and Mr. Sereno: We have recently received the determination to deny our request for removal of tl1e trees adjacent to 204 Tustin Avenue. You determination was that the trees did not meet the criteria for removal under Council Policy G-1-All other trees, Page 4, item A-C. We would like to submit an appeal to the decision. We would like to be added to the first available Parks, Beaches & Recreation Commission meeting agenda to discuss our appeal of the removal and replacement of the Queen Palms adjacent to 204 Tustin Ave. The trees in question were planted a few years ago and are extt·emely high. The residents 'up' the hill of Tustin Avenue have patios that were able to enjoy the view of the turnaround basin and channel looking out over the houses on Lido. A view we have all come to love. We, the neighbor at 220, 212 and 208 Tustin had this view obstructed over the last year due to the trees adjacent to 204 Tustin growing to heights that materially infringe these sightlines. The palms are too high and the fronds are excessive and voluminous that we have had our view reduced significantly. This is an issue that has come to the attention of these neighbors and we request the removal and replacement under this appeal. Please not this is not a request for permanent removal but a request for removal and the replacement with smaller tree that do not infringe on the views of referenced residents. We the residents of Tustin Avenue have lost value in our property due to this obstructed view. As you know, views will significantly increase the property value of the home, however if obstructed, cotild render the value significantly below an unobstructed view. When we bought the home at 216 Tustin Ave. in 2006, the aforementioned trees were a different type of bush that was no more than I 0 feet high from street level. We had a elear view of the channel and turnaround basin and Lido. These low bushes were fine as the sightlines for citizens were close to ground level and they were maintained. Once they were removed, the current excessively tall palms were put in with no consideration for the loss of view for the residents 'up' the hill on Tustin Ave. Our Joss of view has rendered the value of our home reduced. We have enclosed pictures of the view obstruction so you may see it directly. It is imperative that you consider property value loss and a significant issue for the citizens ofN ewport Beach and specifically in (ATTACHMENT A) this case the residents of Tustin Avenue. We consider this significa nt private property damage greater than $500. We currently live at 216 Tustin Avenue and have li ved there for over 8 years. Prior to this residence we lived on the peninsula and have been residents ofNewp01t Beach for close to 20 years in various locations. We have decided to make this wonderful city our home for the rest of our lives. We have enjoyed neighbors and friends coming to our home to view the 4111 of July Boat Parade, The Christmas Boat Parade and the many regular lazy days of enjoyment of our wonderful view. Now, we see dark wall of palm fronds stretching the entire harbor view frontage of the propetty for really no good reason. They are higher than the roof of the house adjacent, they are not trimmed regularly, can harbor rodents and provide no beautification in anyone's sightlines as they are on a frontage/alley road behind the businesses on Coast Highway We need to appeal this dec ision on grounds that may not exist in the municipal code but due to changing times and values of the citizens ofNewport Beach, need to be considered. This is not a major undertaking but a simple replacement. Removing the trees will allow the above mentioned neighbors to have their view back and their property value to what it was prior to this obstructed growth . We are willing to discuss cost sharing with the city however we believe that other types of trees would be better suited to that location. Again, we are appealing the decision not to remove the trees permanently but rather to be replaced with more height appropriate trees so the citizen's property values can be recovered to the levels enjoyed before the obstruction. ~~ Robert & Sini Corbin 216 Tustin Ave., Newport Beach, California 92663 Robert & Sin I Corbin 216 Tustin Avenue Newport Beach, CA 92663 Dear Mr. & Mrs. Corbin, CITY OF NEWPORT BEACH MUNICIPAL OPERATIONS DEPARTMENT January 26, 2015 On December 30, 2014 the City's Urban Forester Inspected 16 City Queen Palm trees adjacent to 204 Tustin Avenue and determined the trees do not meet the criteria for removal as stated in the City Council Policy G-1, Retention or Removal of City Trees. The trees should be retained. Specifically, your removal request did not meet the requirements listed under the removal criteria of Council Policy G-1, All Other City Trees, Page 4, items A-C (see attached). According to these sections of the policy, tree(s) must have a "repeated history of damaging public or private sewers, sidewalks, curbs, from tree roots and causes significant documented private property damage (greater than $500)", or is "dead, diseased, dying, or hazardous, and presents a liability to the City," in order to be eligible for removal. If you oppose the determination to retain the trees, you may appeal the decision to the Parks, Beaches, and Recreation Commission for further review. it is important to emphasize that under no circumstances are City trees to be removed without City authorization. If an unauthorized tree removal should occur, the City will review ali its enforcement options, including criminal prosecution and civil restitution for the value of the trees removed, which may be up to three times their value. If you have any questions regarding this letter or for further direction regarding the appeal process, please contact John Conway, Urban Forester at (949) 644-3083 or email jconway~'!'{Qortbeachca.ggy. Sincerely, ~ Mike Pisani, Deputy Director Municipal Operations Department Attachment: (A) City Council Policy G-1, Retention or RernG Corporation Yard: :ltJ:l Superior Ave, Newport Beach, CA 916!13 'l'ekpho\1''. . dx: (tJt\<J) hf)0-07~!7 lllilitics YHrd: ll•l() \Vest I 6th Strcd, Nt'wport Beach, C1\ fJ2b63-'1\:lcphnn.. vllt l Pax: (94Sl} ll'lb-S)(H l\!:tiliTJt~ Add res~;: PCJ fltl:X 17U~, N('wport 8t:nch, CA {)2(JSK -8() 1 S --\\'\\'\\' .!ll'\\'jlurt .,<:achcn .gov / mu ltil'ipa tope ro-ll i<ll1~; Conway, John From: Sent: To: Cc: Subj~cl: Mr. Conway, Robert Corbin <rcorbln@windes.com> Sunday, December 07, 2014 4:19PM Conway, John sc92663@gmall.com View Impairment We are writing to you to see what can be done regarding a the tall palm trees that are blocking our view. We live at 216 Tustin Ave and the trees are·on the corner near 204 Tustin Ave. There are approx. 4-5 trees In a line on the access road to the public parldng lot behind Jack Shrimp, My wife Sin I Corbin has requested the trimming of the trees however they are very tall and are Impeding our view of the Harbor. These trees were put in a few years ago and have grown to a height that Is Intrusive. We would lll<e to request the city remove them, they are on city property, and replace them with much shorter palms that do not act as a view Impediment to our property and the neighbors up the street who share the same view. 1 understand the city has an ordinance that protect the views of the citizens of Newport. These trees are just too tall. As you may remember, we had a death on Irvine Blvd just last year due to a very tall tree falling onto a car killing the driver. The intersection where these trees are located Is extremely busy, a 5 way stop and has numerous people walking In the area due to the businesses. In addition, many people pari< on our street and walk down right past these trees to visit the many restaurants along Coast Hwy. They are a hazard and too tall. Shorter trees would be best and solve this hazard to the residents and guests of the area. We would like to petition to have them removed as soon as possible so our view Is restored and the citizens of Newport and visitors would nat be exposed to the risks ofthe trees falling an them. I look forward to hearing from you on this matter, Regards, Robert M. Corbin CPA, MS, CGMA I Partner 18:to1 Vnn l<liU'.rmm'AVI!mw~, Su'll'~~ 1060 Irvb·11~, CA1 916:!1 1': .9·1,9.?.'7'1.26:32 I l': 949.660-()68':1 rcorbin@Win.des.cmnl W:Ji.W.windes.com Jl,,J.Ui:J!'f l l;;l,)f ~ .t!\l:li.,"~I~!Oiirr. Long lleeoh I Irvine I Los /\ngeles 000 ~~ Pleosw aanMdar ti?a ar!Vironm•nt bMM1 pilnting ti11s •mall. Please see tl1e IRS Cit·oulur Disclosure on the following matters noted below: J(umar:t :J<?sources JAN 0 B 20 15 Municipal Op_eraUons. Departm.eot . ' RECEIVEd by: ~vt~k. December 30, 2014 TO: Deputy Operations Department Director FROM: Parks and Trees Superintendent and Urban Forester SUBJECT: Tree Removal Request PROPERTY OWNER(S) INFORMATION: Name: 4t..r. Robert and Sinl \:lor'Bin Tree Location: 204 Tustin Avenue The property owners request the removal of 16 City Queen Palm trees due to view obstruction. A field inspection determined the tree'~~urrently not hazardous and in good health. There is no evidence of a potential hazard or liability in accordance with the removal criteria of Policy G-1. Staff recommends denying the removal of the City Palm trees. REPLACEMENT TREE: YES 0 NO rgj DESIGNATED TREE: ....:N..:.:./;;_;;A _________________ _ DEPUTY OPERATIONS DIRECTOR'S COMMENTS/RECOMMENDATIONS: CITY MANAGER'S COMMENTS/RECOMMENDATIONS: City Manager: Attachments V LL (ATTAC HMENT B ) Muninipal Op_erations Department TREE INSPECTION REPORT Property Owner: Robert and Sini Corbin 216 Tustin Avenue Newport Beach, CA 92663 Tree Location: 204 Tustin Avenue I Front 1 -Front 18 Request: The property owners request the removal of 16 City Queen Palm trees due to view obstruction. Tree Species: Syagrus romanzoffianum -Queen Palm Designated Street Tree: Tabebuia avellanedae -Lavender Trumpet Estimated Tree Value: $6,080.00 (16 trees) Damage: N/A Parkway: Comments: Concrete Brick Turf (X) Other A field inspection determined the trees are currently not hazardous and in good health. There is no evidence of a potential hazard or liability in accordance with the removal criteria of Policy G-1. The City palm trees should be retained. Inspected by: {.)/tf\ Ct~v---t Johnltonway, City 4-rborist Date: December 30, 2014 <II. v()/ -/-/ f.'tM.! WG i s +•" v'<' J.t.l,,Y ~e> I {ll urP.,I ., '{:, ~A -L,J 0~-~~ Feet 40 80 halos provided oy ._ .... 2009-2013 P leaeriol.com Imagery: Imaging www.eag .ure the City of s ating to TrimiT -Web Portal Address Search ':ol--rusm:·,,v ------,I.----..,.----~I ~1---•lr-----------.-1 Tr\!••r• .. ---v , r==:J trr'-'11"·17 f-•oJflt .. fU 0 1 10 1 V::u::nm S;L~s'/ 5ll BB 5lJQ() 101 5110~ 0 1 55.ool ,I ~Ot~ I o.oq Page I of I ~ 0 ~ 0 ~ ~ [Q] 0 [Q] 0 [Q] 0 [Q] 0 [Q] 0 [Q] 0 [Q] 0 tsj 0 0 [Q] 0 [Q] 0 [Q] 0 [Q] [Q] 0 0 https://ww..,v.greatscolllreeservicc.com/gsts/WebPortal/Web-Client-Address-Pagc.cfm ?ZP ... 12/30/2014 Great Scott Tree Service, Inc. -Tree Map Page 1 of 1 https ://www.greatscotttreeservice. corn/ gBts/WebPortal/Client-Inventory Detail,zoom,cfm .. , 12/3 0/20 14 View: Tustin Avenue from Ocean View Avenue (photo taken 3/23/15) / C> ... "' "' / / I I CUFF DR @11} 0:tl!G£Rrri3 II I y ~ I~ /" ,/1' I I I I . I I I ~--::::-/ II , ro I ~$ lrv ~~·I "' . I .... ~ '1i I I I ........ ... " () "'";>"'0' ' -204Tvu"Av•JMd ' • ~ .v ~ . ~ .;-' ~ .~ 204 Tustin Avenue D 204 Tustin Avenue D Notified Properties City of Newport Beoch GIS Division Morch 23, 2015 Craig, Teri From: Sent: To: Cc: Subject: Sir, Conway, John Wednesday, April 01, 2015 9:20AM 'Tommy gun' Sereno, Dan; Pisani, Mike; Craig, Teri; Lindeman, Marie RE: Avon Palm trees 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: Avo n 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 Craig, Teri From: Sent: To: Cc: Subject: Sir, Conway, John Wednesday, April 01, 2015 10:00 AM 'chris@seasiderealtyandinvestments.com' Sereno, Dan; Pisani, Mike; Craig, Teri; Lindeman, Marie RE: Exisitng palm trees on Avon/Tustin Thank you for your notice and expressed concern. Your attendance at t he Parks, Beaches, & Recreation Commission meeting next Tuesday, April ih, 6pm at the Civic Center would be most welcomed. However, your comments will be added to the record & forwa rded to the Commissioners. Thank you, John Conway From: chris@seasiderealtyandinvestments.com [mailto:chris@seasiderealtyandinvestments.coml 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 j ust 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 Craig, Teri From: Sent: To: Cc: Subject: Sir, Conway, John Wednesday, April 01, 2015 10:00 AM 'chris@seasiderealtyan d i nvestments.com' Sereno, Dan; Pisani, Mike; Craig, Teri; Lindeman, Marie RE: Exisitng palm trees on Avon/Tustin Thank you for your notice and express ed concern. Your attendance at the Parks, Beaches, & Recreation Commission meeting next Tuesday, April ih, 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.coml 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 t raffic 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 t hem to stay. Regards Chris Beckner Craig, Teri From: Sent: To: Cc: Subject: Ms. Irvine, Conway, John Thursday, April 02, 2015 3:40 PM 'Joan Irvine' Sereno, Dan; Pisani, Mike; Craig, Teri; Lindeman, Marie RE: 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 ih 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.netl 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 From: To: Cc: Subject: Date: Ms. Lindeman: Robert Corbjo Lindeman Marje Sereno Dan; Pisani Mike; Conway John 216 Tustin Av. Wednesday, April22, 2015 3:47:29 PM Attached are the pictures from our balconies and views that show the blockage of the views. Please contact me with any questions or if these pictures do not come through. My number is 949-636- 4941. Please respond affirmatively when you are in receipt of the photos. All the best and thank you in advance, Robert M. Corbin CPA, MS, CGMA I Partner 18201 Von Karman Avenue, Suite 1060 Irvine, CA, 92612 P: 949.271.2632 I F: 949.660-5681 rcorbin®windes com I www.windes com WINDES n u·· ·····.·······. ·· -. AOllir ! ri\X fM\i1Sdli~ Long Beach I Irvine I Los Angeles ~ Please consider the environment before printing this email. From: Conway, John Sent: Monday, April13, 2015 10:16 AM To: Robert Corbin (rcorbin@windes.com) ----------- Cc: Sereno, Dan; Pisani, Mike; Lindeman, Marie Subject: 216 Tustin Av. Mr. Corbin, Could you please send any photos you may have from your vantage point at your property how the existing Queen palms at 204 Tustin Av. affect your view? The photos staff has were taken from the street & do not reflect effectively your concern & vantage point. We'd like to use these photos for the Commission meeting May sth Please send any photos to mlindeman@newportbeachca goy Thank you, John Conway ATTACHMENT B CONFIDENTIALITY NOTICE-PRIVILEGED AND CONFIDENTIAL This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please contact us by replying to this message and deleting it from your computer. Thank you. From: To: Cc: Subject: Robert Corbin Lindeman Marie Sereno Dan; Pisani Mjke; Conway John RE: 216 Tustin Av. Date: Thursday, April 23, 2015 8:43:53 AM Attachments: 204 Tustin Ave penial Tree Rem RPT.PDF Marie, Thank you. I am also providing a couple additional photos and comments that are inconsistent with the PBR report furnished to me. Comments the committee should be aware of regarding the placement of the trees and views due to the mistakes in the report. I 1. I would like to point out that on page 10 of the attached report, the sticky incorrectly points to a home and designates it as 216 Tustin. This is not my home at 216 Tustin but rather a home on Park Place. My home is not shown in this photograph. This is important as misrepresentation of information will lead to an uninformed conclusion by the committee. 2. I would also like to point out on page 9 of the report that my home at 216 Tustin is not show and the report incorrectly designates the same home on Park Place, via the sticky note, as my home. In addition, the arrow on the sticky note on page 9 indicates a view to the right of the trees, when actually the view obstruction is directly behind the trees up the hill of Tustin Ave. The view impediment is actually to the left of the arrow. Again, misleading and the committee should be aware of this mistake in the report. 3. Residents at 208 and 212 Tustin have a much greater blockage of their view 4. I have included 4 additional photos of the street level trees to show inconsistencies with the data provided to me: a. The trees are much higher than the rooftops, which I understand the mean building height is subject to restrictions to retain view consistency. In the case of these tall palms, the height should be restricted. b. The report states the trees were pruned recently, however, as you can see in the photos provided yesterday, this is questionable as they are quite voluminous and restricting our view. I have attached Trees8.jpg to show volume of fronds. c. The map provided on page 9 of the attached report indicates a solid STRAIGHT line between the property line of Lot 200 and Lot 204 however, the attached photos named Trees10, treesll, trees12 and trees 13 clearly show a three foot south encroachment on Lot 200 of a black metal fence surrounding some of the palms in question. Could we get a true plot line included in the report/agenda as it appears some of the trees the city owns have been removed from public property and placed on private property of Lot 204? Or was the map provided incorrect? Again, this could result in misrepresentation of information provided to the committee and result in an incorrect conclusions. d. Clearly the trees will continue to grow and impede the views to a greater degree going forward. I would lil<e to emphasize that we are not asking for a permanent tree removal but rather a replacement of shorter trees or bushes that would result in a compromise on the beatification of Newport Beach and also the retained views all the neighbors of Tustin Ave have come to love. Thanks you for your attention to this matter, Regards, Robert M. Corbin From: Lindeman, Marie [mailto:MLindeman@newportbeachca.gov] Sent: 04/23/2015 7:19AM To: Robert Corbin Cc: Sereno, Dan; Pisani, Mike; Conway, John CONFIDENTIALITY NOTICE-PRIVILEGED AND CONFIDENTIAL This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such disclosure shall not compromise or waive the attorney-client, accountant-client, or other privileges as to this communication or otherwise. If you have received this communication in error, please contact us by replying to this message and deleting it from your computer. Thank you.