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HomeMy WebLinkAbout04 - Surfing Regulations to Protect Users of Designated Surfing Areas and to Designate Surfing Areas4-1 NEWPORT BEACH City Council Staff Report COUNCIL STAFF REPORT CITY OF January 26, 2016 Agenda Item No. 4 ABSTRACT: On July 28, 2015, the “Blackball Working Group” presented the City Council with recommended amendments to the City’s surfing regulations, currently codified in Resolution No. 95-116. The City Council instructed staff to prepare Resolution No. 2016-10 to amend the City’s surfing regulations to clarify the easternmost boundary of Surfing Area No. 3 and update the circumstances when the appropriate City official may prohibit surfing and other activities due to safety in Surfing Area No. 1, Surfing Area No. 2, and Surfing Area No. 3. RECOMMENDATION: Adopt Resolution No. 2016-10, A Resolution of the City Council of the City of Newport Beach, California, Establishing Surfing Regulations to Protect Users of Designated Surfing Areas, Designating Surfing Areas, and Rescinding Resolution No. 95-116. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: 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 most recent resolution adopted in 1995. With increasing popularity of all forms of recreational use, the “Blackball Working Group” was established in September 2013. The Blackball Working Group was tasked with evaluating and recommending possible revisions to the current regulations to enhance public access while maintaining public safety. TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:Scott L. Poster, Fire Chief - 949-644-3101, sposter@nbfd.net PREPARED BY:Rob Williams, Assistant Chief PHONE:949-644-3047 TITLE:Resolution Establishing Surfing Regulations to Protect Users of Designated Surfing Areas and to Designate Surfing Areas Resolution Establishing Surfing Regulations to Protect Users of Designated Surfing Areas and to Designate Surfing Areas January 26, 2016 Page 2 4-2 The Parks, Beaches and Recreation (PB&R) Commission met in April 2015 to review recommendations from the Blackball Working Group and voted to recommend amendments to the City’s surfing regulations for City Council review. The Blackball Working Group presented the City Council with PB&R’s recommended amendments to the Surfing Regulations. At that time, the City Council received and considered public testimony from interested groups and other individuals regarding the recommended amendments. The City Council instructed staff to prepare Resolution No. 2016-10 to amend the Surfing Regulations as follows: (1) clarify the easternmost boundary of Surfing Area No. 3 and (2) update the circumstances when the appropriate City official may prohibit surfing and other activities in Surfing Area No. 1, Surfing Area No. 2, and Surfing Area No. 3. Resolution No. 2016-10 makes such clarification and update, clarifies other general clean-up amendments to the surfing regulations, including the definition of the term “surfboard,” and rescinds Resolution No. 95-116. Attached to this staff report are a copy of Resolution No. 201610 and a legislative draft showing the changes made by Resolution No. 2016-10 to Resolution No. 95-116. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: 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). ATTACHMENTS: Attachment A – Resolution No. 2016-10 Attachment B – Changes to Resolution No. 95-116 (Legislative Draft) ATTACHMENT A RESOLUTION NO. 2016-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA ESTABLISHING SURFING REGULATIONS TO PROTECT USERS OF DESIGNATED SURFING AREAS, DESIGNATING SURFING AREAS, AND RESCINDING RESOLUTION NO. 95-116. WHEREAS, the City of Newport Beach (“City”) is the grantee of tide and submerged lands, including ocean beaches, within the corporate limits o f the City of Newport Beach; and WHEREAS, members of the general public have certain constitutional and statutory rights relative to the use of, and access to, ocean beaches; and WHEREAS, municipal regulation of the use of ocean beaches will promote the public health, safety and welfare by reducing the potential for conflict between various users such as surfers and swimmers; and WHEREAS, the City Council is authorized, pursuant to provisions of Newport Beach City Charter and the Newport Beach Municipal Code, to adopt reasonable regulations specifying when the City’s ocean water and beaches may be used for surfing, swimming, and other activities; and WHEREAS, on October 9, 1995, the City Council adopted Resolution No. 95-116 designating surfing areas establishing regulations regarding surfing and other activities within the City’s ocean and its beaches, with such areas designated as Surfing Area No. 1, Surfing Area No. 2, and Surfing Area No. 3 (the “Surfing Regulations”); WHEREAS, in 2013 the City established the “Blackball Working Group”, which comprised of individuals from the City’s Parks, Beaches, and Recreation Commission, Fire Department, Police Department, and Recreation & Senior Services Department. The Blackball Working Group was established to review the Surfing Regulations and the Newport Beach Municipal Code, gather community input, and bring forward recommendations approved by the Parks, Beaches and Recreation Commission regarding amendments to the Surfing Regulations that would optimize safety and usage of Surfing Area No. 1, Surfing Area No. 2, and Surfing Area No. 3; and WHEREAS, on July 28, 2015, the Blackball Working Group presented the City Council with the Parks, Beaches and Recreation Commission’s recommended amendments to the Surfing Regulations. At that time, the City Council also received and considered public testimony from interested groups and other individuals regarding the Parks, Beaches and Recreation Commission’s recommended amendments to the Surfing Regulations. The City Council instructed staff to prepare this resolution to amend the Surfing Regulations as follows: (1) clarify the easternmost boundary of Surfing Area No. 3 and (2) update the circumstances when the appropriate City official 4-3 Resolution No. 2016-10 Page 2 of 4 may prohibit surfing and other activities in Surfing Area No. 1, Surfing Area No. 2, and Surfing Area No. 3. The purpose of this Resolution is to make such clarification and update, and to provide other general clean-up amendments to the Surfing Regulations, including updating the definition of the term “surfboard;” and WHEREAS, The City Council finds and declares as follows: A. Regulations on the use of City’s ocean and its beaches specified in this resolution are intended and designed to minimize any unsafe conditions or conflict between the various users of the ocean water and thereby reduce the potential for personal injury or property d amage; B. These regulations are consistent with the authority of the City Council to regulate the public's right to use and access the City 's ocean and its beaches. These regulations are consistent with the City’s police power to protect the public health, safety, and welfare; and C. These regulations are the product of extensive review and analysis of the interests and desires of all users of ocean water, as well as homeowners and property owners who are impacted by members of the public who use the ocean water and its beaches. The regulations satisfy these often competing interests and desires to the maximum extent possible. These regulations represent fundamental policy decisions on the use of an important public resource. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The above recitals are true and correct and are incorporated into the operative part of this resolution. Section 2: Definitions. As used herein, the following terms shall have the following definitions. (A) Blackball Flag. The term “blackball flag” shall mean any flag or sign primarily comprised of a yellow background with a large black circle in the center that is raised or otherwise posted by an employee of the City of Newport Beach. (B) Flotation Device. The term “f lotation device” shall mean any object other than a surfboard that is buoyant or adds to the buoyancy of the user (other than fins). (C) Surfboard. The term “surfboard” shall mean any device: (i) Which floats on or about the surface of the water and is being ridden by a person while standing; or 4-4 Resolution No. 2016-10 Page 3 of 4 (ii) That is more than forty-four (44) inches in length and is being used in the ocean water; or (iii) Made of, includes, or is covered, in whole or part, with any hard substance, including, but not limited to, wood, metal, fiberglass, or hard plastic and is being used in the ocean water. (D) Surfing. The term “surfing” shall have the same meaning as Newport Beach Municipal Code section 11.16.010 or any successor statute. (E) Wedge. The term “Wedge” shall mean the area of ocean water and ocean beach between 20 feet westerly of the Newport Harbor West Jetty and Lifeguard Tower P. Section 3. Permitted Surfing Areas. Surfing is permitted in the following areas subject to the restrictions and regulations specified in this Resolution. (A) Area No. 1. The area of ocean and ocean beaches between the west boundary of the City of Newport Beach at the Santa Ana River mouth and 20 feet westerly of the Newport Harbor West Jetty; (B) Area No. 2. The area of ocean and ocean beaches between the area beginning 20 feet easterly of the Newport Harbor East Jetty and extending to a point 200 feet easterly from the Newport Harbor East Jetty; (C) Area No. 3. The area of ocean and ocean beaches which lies between a prolongation of the current alignment of the City of Newport Beach streets currently known as Poppy Avenue and Cameo Shores Road. The City Council intends for Area No. 3 to include, without limitation, the area currently known as Little Corona Beach and for such Area No. 3 to extend east to the westernmost boundary of Crystal Cove State Park; (D) Surfing is prohibited except in those places and those times expressly permitted by this Resolution. Section 4: Surfing Restrictions and Regulations. Surfing in Areas No. 1, No. 2, and No. 3 are subject to the following restrictions and regulations: (A) Without limitation as to time of day or time of year, when the supervising Marine Operations Watch Commander, or his or her designee, determines that there is an unsafe condition in the ocean water, or a conflict resulting from the actual or potential presence of more than one “User of the Ocean Water,” he or she has the authority to display or order the display of a blackball flag and prohibit (1) surfing, (2) the use of a surfboard, and/or (3) the use of a flotation device, in any or all portions of Surfing Area No. 1, No. 2, and/or No. 3 for the entire duration during which th e blackball flag is displayed. The phrase “User of the Ocean Water” shall include a ny person using a surfboard or flotation device as well as any other person in or on the ocean water or its beaches; 4-5 Resolution No. 2016-10 Page 4 of 4 (B) Surfing and flotation devices are prohibited at the Wedge between the hours of 10:00 a.m., and 5:00 p.m., from May 1st through October 31st of each year; (C) Surfing is prohibited in the area between the midline of the rock groins located approximately on the prolongation of 40th Street and 44th Street between May 1st and October 31st, inclusive, of each year; Section 5: CEQA. The City Council finds the amendments to its designations of Surf Areas and its surfing regulations are not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: Severability. If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 7: Effective Date. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. BE IT FURTHER RESOLVED Resolution No. 95-116 is rescinded in its entirety. ADOPTED this ______ day of _____________, 2016. __________________________ Diane B. Dixon Mayor ATTEST: ______________________________ Leilani I. Brown City Clerk 4-6 ATTACHMENT B LEGISLATIVE DRAFT RESOLUTION NO. 2016-______95-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA ESTABLISHING SURFING REGULATIONS TO PROTECT USERS OF DESIGNATED SURFING AREAS, DESIGNATING SURFING AREAS, ESTABLISHING DATES AND HOURS WHEN SURFING AREAS MAY BE USED, AND RESCINDING RESOLUTION NO. 95-116. 93-33. WHEREAS, theThe City of Newport Beach (“City”) is the grantee of tide and submerged lands, including ocean beaches, within the corporate limits of the City of Newport Beach; and WHEREAS, membersMembers of the general public have certain constitutional and statutory rights relative to the use of, and access to, ocean beaches; and WHEREAS, municipalMunicipal regulation of the use of ocean beaches will promote the public health, safety and welfare by reducing the potential for conflict between various users such as surfers and swimmers; and WHEREAS, theThe City Council is authorized, pursuant to provisions of Newport Beach City Charter and the Newport Beach Municipal Code, to adopt reasonable regulations specifying the days of the years, and hours of the day when the City’s ocean water and beaches may be used for surfing, swimming, and other activities; and WHEREAS, on October 9, 1995, the The City Council adopted Resolution No. 95-116 designating surfing areas establishing regulations regarding surfing and other activities within the City’s has considered public testimony from representatives of interest groups and users of ocean and its beaches, with such areas designated as Surfing Area No. 1, Surfing Area No. 2,reports from the Fire and Marine and Surfing Area No. 3 (Community Services Departments, as well as the record of the “Surfing Regulations”); WHEREAS, in 2013proceedings conducted by the City established the “Blackball Working Group”, which comprised of individuals from the City’s Parks, Beaches, and Recreation Commission, Fire Department, Police Department, and Recreation & Senior Services Department. The Blackball Working Group was established to review the Surfing Regulations and the Newport Beach Municipal Code, gather community input, and bring forward recommendations approved by the Parks, Beaches and Recreation Commission regarding amendments to the Surfing Regulations that would optimize safety and usage of Surfing Area No. 1, Surfing Area No. 2, and Surfing Area No. 3 prior to adopting this Resolution; and 4-7 Resolution No. 2016-__ Page 2 of 2 LEGISLATIVE DRAFT WHEREAS, on July 28, 2015, the Blackball Working Group presented the City Council with the Parks, Beaches and Recreation Commission’s recommended amendments to the Surfing Regulations. At that time, the City Council also received and considered public testimony from interested groups and other individuals regarding the Parks, Beaches and Recreation Commission’s recommended amendments to the Surfing Regulations. The City Council instructed staff to prepare this resolution to amend the Surfing Regulations as follows: (1) clarify the easternmost boundary of Surfing Area No. 3 and (2) update the circumstances when the appropriate City official may prohibit surfing and other activities in Surfing Area No. 1, Surfing Area No. 2, and Surfing Area No. 3. The purpose of this Resolution is to make such clarification and update, and to provide other general clean-up amendments to the Surfing Regulations, including updating the definition of the term “surfboard;” and WHEREAS, The City Council finds and declares as follows: RegulationsWHEREAS, The City finds and declares as follows: A. Restrictions on the use of City’s ocean and its beaches specified in this resolutionResolution are intended and designed to minimize any unsafe conditions or conflict between the various users of the ocean water and thereby reduce the potential for personal injury or property damage; B. These restrictions and regulations are consistent with the authority of the City Council to regulate the public's right to use and access the City's ocean and its beaches. These regulations are consistent with the City’s police power to protect the public health, safety, and welfare; andocean beaches. C. These restrictions and regulations are the product of extensive review and analysis of the interests and desires of all potential users of ocean waterbeaches, as well as homeowners and property owners who are impacted by members of the public who use the ocean water and its beaches. The; the regulations satisfy these often competing interests and desires to the maximum extent possible . These; and these restrictions and regulations represent fundamental policy decisions on the use of an important public resource. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The above recitals are true and correct and are incorporated into the operative part of this resolution. Section 2: . Definitions. As used herein, the following terms shall have the following definitions. 4-8 Resolution No. 2016-__ Page 3 of 3 LEGISLATIVE DRAFT (A) Blackball Flag. The term “blackball flag” shall mean any flag or sign primarily comprised of a yellow background with a large black circle in the center that is raised or otherwise posted by an employee of the City of Newport Beach. (B) Flotation Device. The term “f lotation device” shall mean any object other than a surfboard that is buoyant or adds to the buoyancy of the user (other than fins). (A)(C) Surfboard. The term “surfboard” shall mean any device: (i) WhichAny device which floats on or about the surface of the water and is , is more than forty-four ( 44) inches long, has a skeg or other device on the bottom to control direction, and is capable of being ridden by a person while standing; or (ii) That is more than forty-four (44) inches in length and is being used in the ocean water; or (ii)(iii) Made of, includes, or is Any device with a surface made or covered, in whole or in part, with any hard substance, including, but not limited to, wood, metal, fiberglass, or hard plastic and is being used in the ocean water. , which is used, or is capable of being used, on water or ocean beaches, including, without limitation, skim boards, knee boards, and belly boards. (A) Surfing. Floatation Device. The term “surfing”floatation device shall havemean any object other than a surfboard which is buoyant or adds to the buoyancy of the user (other than fins). (B)(D) Blackball Flag. same meaning asThe Blackball Flag is any flag or sign with a yellow background with a large black circle in the center which is posted by an employee of the City of Newport Beach Municipal Code section 11.16.010 or any successor statute. . (C)(E) Wedge. The term “Wedge” shallShall mean the area of ocean water and ocean beach between 20 feet westerly of the NewportWest Harbor West Jetty and Lifeguard Tower P. (B) Surfing. Shall mean the use of any surfboard in or on the ocean or ocean beach. Section 3. Permitted 2. Surfing. Surfing Areas. / Surfing Permitted. Surfing is permitted in the following areas subject to the restrictions and regulations specified in Section 3 of this Resolution. 4-9 Resolution No. 2016-__ Page 4 of 4 LEGISLATIVE DRAFT (A) Area No. 1. The area of ocean and ocean beaches between the area between the west boundary of the City of Newport Beach at the Santa Ana River mouth and 20 feet westerly ofand the NewportWest Harbor West Jetty; (B) Area No. 2. The area of ocean and ocean beaches between the area beginning 20 feet easterly of the NewportEast Harbor East Jettyjetty and extending to a point 200 feet easterly from the NewportEast Harbor East Jetty; (C) Area No. 3. The area of ocean and ocean beaches between the area which lies between a prolongation of the current alignment of the City of Newport Beach streets currently known as Poppy Avenue and Cameo Shores Road. The City Council intends for Area No. 3 to includethe East boundary of the City of Newport Beach including, without limitation, the area currently known as Little Corona Beach and for such Area No. 3 to extend east to the westernmost boundary of Crystal Cove Stat e Park;. (D) Surfing is prohibited except in those places and those times expressly permitted by this Resolution. Section 4: 3. Surfing Restrictions and Regulations. Surfing is permitted in Areas No. 1, No. 2, and No. 3 are subject to the following restrictions and regulations: (A) Without limitation as to time of day or time of year, when the supervising Marine Operations Watch Commander, or his or her designee, determines that there is an unsafe condition in the ocean water, or a conflict resulting from the actual or potential presence of more than one “User of the Ocean Water,” he or she has the authority to display or order the display of a blackball flag and prohibit (1) surfing, (2) the use of a surfboard, and/or (3) the use of a flotation device, in any or all portions of Surfing Area No. 1, No. 2, and/or No. 3 for the entire duration during which th e blackball flag is displayed. The phrase “User of the Ocean Water” shall include a ny person using a surfboard or flotation device as well as any other person in or on the ocean water or its beaches; (A) Surfing and flotation devices areFrom 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. (A)(B) Surfing is prohibited at the Wedge between the hours of 10: 00 a.m.,. and 5: 00 p.m., from May 1st through October 31st of each year; . (B)(C) Surfing is prohibited in the area between the midline of the rock groins located approximately on the prolongation of 40th Street and 44th Street 4-10 Resolution No. 2016-__ Page 5 of 5 LEGISLATIVE DRAFT between May 1st andthrough October 31st, inclusive, of each year;. Surfing is permitted in this area from November 1st through April 30th. Section 5: CEQA. The City Council finds the amendments to its designations of Surf Areas and its surfing regulations are not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: Severability. If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 7: Effective Date. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. (B) Surfing is prohibited except in those places at and those times expressly permitted by this Resolution. Section 4. Special Restrictions. No person shall use or possess any floatation device at the Wedge between the hours of 10:00 a.m. and 5:00 p.m., from May 1st through October 31st during each year. BE IT FURTHER RESOLVED that Resolution No. 95-11693-33 is hereby rescinded in its entirety. . ADOPTED, this ______9th day of _____________, 2016October, 1995. __________________________ Diane B. Dixon Mayor ATTEST: ______________________________ Leilani I. Brown City Clerk 4-11