Memorandum 14-172 Request to Form Beach Policy Review Task Force for Bishop's Beach

Memorandum 14-172

TO:                       MAYOR WYTHE AND CITY COUNCIL

FROM:                 PARKS AND RECREATION ADVISORY COMMISSION

THRU:                 RENEE KRAUSE, CMC, DEPUTY CITY CLERK

DATE:                  NOVEMBER 10, 2014

SUBJECT:         BEACH POLICY REVIEW TASK FORCE FOR BISHOP’S BEACH

               The Parks and Recreation Advisory Commission held a worksession on October 16, 2014 and           discussed what remediation could be implemented to address the increase in unlawful       behavior on the beach; to the protected habitat of Beluga Slough and destruction to private               property.

               Included is a memorandum from staff on the outcome of that worksession and minutes of the               discussion from the follow-up special meeting held on November 6, 2014 that resulted in the         following recommendation:

               Council to form a Task Force comprised of 7 members from the following:

               One member of Council

               Chief of Police or Department representative

               One member from the Parks and Recreation Advisory Commission

               One member that is a resident or property owner from the area of Bishop’s beach

               One member that is a business owner in Old Town part of Homer

               One member that is a non-resident of the area , can live outside of Homer

               and a member of the public that is an ornithologist or bird enthusiast

               Recommendation and amendments from the Task Force are to be submitted no later than May 1,          2015.   

               Recommendation: Approve the request to form a Task Force to review and Update the Beach Policy           as it addresses the current issues at Bishops Beach and similar or like areas in Homer.

               Excerpt of the November 6, 2014 minutes from the Special Meeting of the Parks and Recreation             Advisory Commission:

               PENDING BUSINESS

               A.           Memorandum from Deputy City Planner re: Bishops Beach Issues

Ms. Engebretsen provided a brief direction and outcome that came from the worksession held on October 16, 2014. She recommended that they can work on this through the commission, hold a couple of public hearings on proposed changes to the Beach Policy or the commission could recommend establishing a committee or task force to work on the issues for a few months and submit the recommendations to the Commission which could then forward the recommended changes to Council for approval.

Commissioner Lowney moved that they recommend working on the changes to the Beach Policy to address issues happening at Bishops Beach. She did not want to push the issue around but to deal with it. She also wanted to strike the Improve lighting from the recommendations in the memorandum. Commissioner Lillibridge seconded that motion.

Commissioner Brann supported that direction but wanted to form a task force to come up with recommendations for Bishops Beach, he believed it was the critical area, and maybe add Mariner Park since there are some problems there too.

Commissioner MacCampbell wanted to include Mud Bay and felt that some of the solutions for Bishops Beach would address Mud Bay too.

Commissioner Lowney agreed with those statements but in her opinion Mud Bay was not as critical.

Commissioner Archibald advocated for reviewing the whole Beach Policy and reviewing all the areas that required it especially those sections that would directly affect Bishops Beach, and other beaches.

Chair Steffy liked the idea of reviewing the whole policy but focusing on the Bishops Beach area. He inquired if they needed a formal motion.

There was direction from staff that the commission needs to determine exactly what they want the task force to do and who they want on the task force in order to provide Council with a good reason for creation of a  task force.

The commissioners discussed at length the pros and cons of reviewing and changing specific areas of the Beach Policy as it effects Bishops Beach, including additional areas that have similar uses and problems or the whole policy.

LOWNEY/LILLIBRIDGE – MOVED TO CREATE A TASK FORCE TO REVIEW AND UPDATE THE BEACH POLICY TO ADDRESS ISSUES THAT AFFECT BISHOPS BEACH.

There was additional discussion on various aspects for reasons not to review the whole policy and why the focus should be only on Bishops Beach with a caveat of addressing vehicular use on additional beaches such as Mariner Park and along the spit. The concern was if you blocked vehicles from Bishops Beach they are going to have problems on other beaches. It was remarked that they did not want to become Southcentral Alaska Recreational Area for Off Road vehicles. Further clarification was attempted by the Chair on the motion to create the task force and what they were tasked to do.  There was still hesitation from the commission on including the whole beach policy or just sections that applied to the issues at Bishops Beach.

Commissioner Lillibridge advocated for collecting data on the vehicular use of the beach. She reported her experience with city parks and beaches in Florida on a recent vacation. She also noted that people in Homer may enjoy their free style of living but when those lifestyles infringe upon others then it is time to restrict the uses.

Commissioner Archibald stated that he knows if they close Bishops Beach then those people will go to other areas and he doesn’t want that to happen.

Commissioner MacCampbell pointed out that there are limited accesses to the beaches but that they must protect that berm.  He went on to cite the accesses in Ninilchik, Whiskey Gulch, Anchor Point and sending the behaviors up the road.

Commissioner Lowney further advocated on points in dealing with one beach at a time and that they can wait to address the next areas.

Commissioner Brann commented on the historical discussions that took place in the earlier Beach Committees regarding pedestrian priority and the value establishing then the absolute demarcation for vehicles.

Further comments and responses agreed with the eventual follow-up of the other beaches, the negative NO signage in other cities, giving the police department something that they can enforce, the benefits that the habitat provides for users who use the beach appropriately.  Additional examples of instances where inappropriate behavior was conducted alongside lawful behavior was given by commissioners.

STEFFY/BRANN – MOVED THAT IN LIGHT OF THE CONCERNS BROUGHT TO THE COMMISSION FOR THE INCREASED ACTIVITIES AND ISSUES ON BISHOPS BEACH AND THE IMPACT ON THE PEOPLE OF HOMER THE PARKS AND RECREATION ADVISORY COMMISSION WOULD LIKE TO FORM A TASK FORCE TO REVIEW THE BEACH POLICY AND MAKE RECOMMENDATIONS TO ADDRESS THESE ISSUES FOR BISHOPS BEACH AND LIKE OR SIMILAR AREAS.

Commissioner Lillibridge asked if Chief Robl could respond in regards to the motion and the issues that have been brought up. She wanted the wording of the motion to be specific to Homer. Chair Steffy responded regarding enforcement. Staff recommended passing the motion then they can discuss framing what they want the task force to accomplish and the time frame.

Commissioner Lillibridge requested the motion to be read back from the clerk. Due to all the changes and suggestions the clerk was unable to read the motion. Ms. Krause stated that the commission wanted the Beach Policies amended to address the issues at Bishops Beach. There were commissioners who also wanted to amend the policies to cover additional areas where the same activities occur. Ms. Krause then stated the motion could be simplified to read as follows:

MOVED TO REQUEST COUNCIL FORM A TASK FORCE TO REVIEW THE BEACH POLICY AS IT APPLIES TO THE ISSUES AT BISHOPS BEACH AND LIKE OR SIMILAR AREAS OR PLACES.

Chair Steffy and Commissioner Archibald moved and seconded that motion as stated by staff.

There was no further discussion.

VOTE. YES. LILLIBRIDGE, BRANN, STEFFY, MACCAMPBELL, LOWNEY, ARCHIBALD.

Motion carried.

The Commissioners agreed that they would like to see a member of council, the Chief of Police or his representative, a Parks and Recreation commissioner, a resident or adjacent property owner, a business owner from Old Town area of Homer, a birder, and a non-resident user on the task force.

The commission would like to have the Task Force bring back recommendations and amendments by or before May 10, 2015.They can invite a member of the US Fish and Wildlife and the Research Reserve as expert testimony.

There was additional discussion regarding the task force would not report to the commission but to the Council. The commission would be represented by the Commissioner appointed to the Task Force.