HomeMy WebLinkAbout05/01/1990 - PB&R CommissionCITY OF NEWPORT BEACH
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Item No. 3
arks, Beaches & Recreation Commission
May 1, 1990
City Council Chambers 7 p.m. INDEX
Ex- Officio Member Present: Ronald A. Whitley
Staff Present: Nancy Beard, Recreation Super-
intendent
Jack Brooks, Park and Tree Main-
tenance Superintendent
Dottie Flohr, Secretary
I. PROCEDURAL MATTERS
Item #1 - Call to Order
Call to
Order'
The meeting of the Parks, Beaches and Recreation Commission
was called to order at 7:00 P.M.
Item #2 - Roll Call
Roll Call
Roll cali was taken. Commissioners Compton, Demmer, Grant,
Herberts, Taft, Konwiser and Vandervort were present.
Item #3 - Approval of Minutes - Meeting of April 3, 1990
Approval of
Minutes
Commissioner Compton moved the minutes of the April 3, 1990
meeting be approved. Unanimous.
Item #4 - Adoption of Agenda
Adoption of
Agenda
The agenda was adopted as presented with the addition of
American Legion Building to be addressed under Item #19
and Corona del Mar Restrooms and Memorial Day Picnic to be
addressed under Item #23.
II. ACTION ITEMS
Item #5 - Trees on 200 Block.of Larkspur
Trees on
200 Block o'
Chair Taft explained that this item was discussed at the
Larkspur
Commission's last meeting and agendized as an action item
for the May meeting. He then turned the meeting over to
Director Whitley who presented three more letters urging
that the trees be removed. These letters were from E.M.
Mueller, 222 Larkspur; Marlene Goren, 212 Larkspur; and
Helenann Clarke, 219 Larkspur.
Director Whitley reviewed the two recommendations which are
to either remove the trees or allow them to remain. He
pointed out the dilemma that occurs in interpretation of
the Ordinances which can be used to support either recom-
mendation. He explained Council Policy I -12, Obstruction
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of Views by Trees, which encourages homeowners and public
agencies to comply with their CC &R's in order to maintain
views and property values. Ordinances, however, are stronger
than policies and should be carefully reviewed in this
particular matter. Referring to Ordinance•13.08.030, Removal
or Relocation of Plants by City, he pointed out the City can
remove trees determined-to be in the interest of general
welfare as is the case of the disturbed residents on Larkspu
.
However, Ordinance 13 :09.010,,Parkway Trees Required, supports
the recommendation that the parkway trees be retained.
Chair Taft agreed this is a difficult situation wherein thos
whose views are obstructed are in direct opposition to those
who feel trees should be planted in parkways.
Chair-Taft opened the meeting to'Public Testimony and Mrs.
'Betty Bottorf, 221 Larkspur, addressed the Commission. Mrs.
Bottorf urged removal of the trees that block the views of
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six homes and would also severely decrease the value of their
homes. She stated she'did not understand why the trees were
allowed to be planted when the City knew they would obstruct
views and that the 72 hour notification process was not
followed. She asked the Commission to consider those who
live in the area and the subsequent consequences. '
Jack Brooks explained that City view policy was followed in
that it pertains to trimming and not to planting trees. In
addition, request was made a year ago to plant parkway trees
and it was granted with the stipulation that the trees might
have to be removed. Mr. Brooks added that City policy is
to encourage planting of parkway trees and he felt every
policy was followed in this case.
Mr. Keith Burnett, 215 Larkspur, addressed the Commission
and circulated photographs showing impacted views from his
home. He felt that common sense and courtesy-could have
prevented the problem and that the homeowners in question
are uncommunicative with a disregard for their neighbors'
sensibilities. Although he is sympathetic to the homeowners
enhancing the appearance of their home for personal pleasure,
he felt it is against the will of all the neighbors and,
since the trees are on public property, the City should
respond to majority view and have the trees removed. He
stated he would agree to relocation where they can be en-
joyed by all.
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Mrs. Jill Bayer, 3128 Ocean Blvd., addressed the Commission.
Mrs. Bayer congratulated the City as recently being named
Tree City USA and stated this would never have occurred if
trees had been prevented from being planted. She felt the
Corona del-Mar area's beauty is due to the trees and that
they built there because they did not want any- restrictions.
They did not know that planting the trees would cause such
an uprising.
Mrs. Bayer reported they received permission to plant the
trees and pointed out that their home is on two lots; if
two houses had been built, views would have been blocked.
She further stated the trees give their courtyard privacy
and people-have commented upon them.
Chair Taft asked Mrs. Bayer how she would feel if the trees
were transferred from Larkspur to Ocean Blvd. She replied
they had considered this, however, the idea was denied by
the City.
Director Whitley explained there is an informal City policy
not to plant trees on Ocean Blvd.
Jack Brooks explained the City regrets what has happened as
a result of the trees being planted, however, by policy he
could see no reason to deny the planting of these parkway
trees.
There being no further Public Testimony, discussion by the
Commission ensued.
Commissioner Compton noted the street trees are now 12' high
and 5' in diameter and asked if they could be kept at this
height.
Jack Brooks advised they block views now and they normally
mature tb 35 -50' in height with a 20' spread. He also ex-
plained the City has the right to prune and could keep them
trimmed to obtain as much view as possible.
Commissioner Vandervort agreed this is a serious problem but
feels that views are the primary enhancement of the City.
She recommended consideration of Ordinance 13.09.040, Waiver
Procedure, wherein the petition could serve as written
application, thereby requesting the homeowners be released
from their requirement to.put in street trees. In addition,
due to conflicting information, the homeowners should be
reimbursed their costs for the three trees that the City
takes out.
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City Council Chambers 7 D.M. INDFX
Commissioner Grant voiced his concern that there are other
streets that have partial views and he would not like to see
a precedent set. As to those on Larkspur with no trees,
this is by choice and not a requirement. He recommended the
trees remain and'be aggressively pruned.
Commissioner Konwiser felt this is an area where the views
are unique and should be preserved over parkway trees. He
pointed out the spirit of cooperation that has existed for
years on Larkspur and he did not think the trees add a great
deal to the home where they are planted. In addition,
Commissioner Konwiser did not feel it would be realistic
to think the trees could be kept as they are now. For
these reasons he recommended the trees be removed at City
expense and the Bayers receive some type of reimbursement.
,Commissioner Herberts reported she was very concerned over
a precedent being set and pointed out her view and those of
many in the City have been blocked. Referring to Ordinance
13.09.010, Parkway Trees Required, she recommended the trees
remain and be kept severely .trimmed to open up views.
Jack Brooks concurred-with Commissioner Konwiser that the
trees cannot be kept at their present height. However, since
they are City property and should the Commission choose to
retain them, staff can keep them open by trimming them 1 -2
times a year.
Commissioner Demmer noted there are many streets throughout
the City that do not have parkway trees so that the resi-
dents can enjoy an expansive or limited ocean view. Trees
that are trimmed too severely look unnatural and somewhat
grotesque. She further stated the home at 3128.Ocean Bldd.
is a magnificent addition to the area and she felt their
quality of life can be maintained without the trees.
Chair Taft reported he has a similar situation where he lives
and he favors both trees and views. He pointed out the
Commission's action is a recommendation which.can•be appealed
to the City Council.
Motion
x
Commissioner Compton motioned to retain the trees and that
Ayes
x
x
x
they be kept open and trimmed at the same or lower height.
N D
x
x
x
As they mature and if they become a problem, they can be
Ai
i
x
removed by the City. Motion fails.
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Commissioner Herberts asked Mrs. Bayer if she would accept
having the trees removed at City expense to be replaced
with low growing shrubs. Mrs. Bayer agreed to this
suggestion.
Jack Brooks advised staff would recommend Palm Trees in
this situation since they can be kept trimmed and won't
totally block views.
Motion,
x
Commissioner Herberts motioned to remove the trees at City
Nays
x
x
x
x
x
x
x.
expense to be replaced with shrubs or a low growing tree
agreeable to the City which looks nice in the parkway and
will not obstruct views. Motion fails.
Motion
x
Commissioner Vandervort motioned to recommend to the City
Ayes
x
x
x
x
Council that the subject trees be removed upon proper
Nays
x
x
x
notification based on the loss of general welfare that has
occurred. Motion passes.
0
Item #6 - Tree Removal Appeal - 1849 Seadrift Drive
Tree Removal
Appeal
Chair Taft turned the meeting over to Commissioner Herberts,
Chair of the Street Tree Committee, who reported they
voted to retain the subject trees since the roots seem to
be coming from.other shrubs and Pines. The committee felt
these are'nice trees and need root pruning along with
sidewalk repair.
Chair Taft then opened the meeting to Public Testimony and
Ms. Judy Lo, 1849 Seadrift Drive, addressed the Commission.
Ms. Lo presented pictures of the tree area and•reported
that in 1981 she had asked for the'trees to be removed and
the sidewalk repaired. Her tree request was denied al-
though the sidewalk was revamped. Now, however, the side-
walk is getting worse due to the tree roots and she feels
the problem wilt not be solved by fixing the sidewalk again.
There are many pedestrians and children in the area where
the lighting is dim and she is worried about the hazardous
condition that exists. In addition, the sprinkling system
is disrupted due to the roots and the berry droppings are a
nuisance. Since these are on -going problems, she asked if
she could replace the trees with those where the roots
go down and not across.
UMr.
Jim Pickett, friend and attorney for Ms. Low, addressed
the Commission and reported the sidewalk keeps rising and
is dangerous even when repaired" He stated the Lo's would
be happy to replace the two trees at their expense with
more suitable trees to avoid future problems.
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Commissioner Konwiser pointed out that the Lo's home is not
unique and the street is lined with the same variety of
trees. The value of this street scene which has no view is
dependent upon the parkway trees. He recommended the trees
be retained and root pruned and the sidewalk repoured to
eliminate the ramp."
Commissioner Compton agreed the trees add to the street scape
i
and he would recommend prgper -root pruning with tree barriers.
Commissioner Vandervort suggested removing the tree causing
the most problems.
Commissioner Demmer felt that Seadrift Drive has a limited
number of trees in the parkways. She also noted that the
side street of Ms. Lo's corner lot has no trees whatsoever.
She asked the Commission and Ms. Lo if removal of the two
mature front trees and replacing them with two new trees,
including three new trees on the side parkway, would be a
reasonable compromise in mitigating Ms. Lo's request and
yet enhance the neighborhood with five new trees.
Commissioner Grant suggested consideration be given to taking
one tree out and adding three to the frontage with no trees.
Motion,
x
Commissioner Konwiser motioned the two trees be retained.
Ayes
x
x
K
x
x
x
Commissioner Compton amended the motion to include that the
Abstai
x
'trees�be.properly root pruned where the sidewalk is raised;
root barriers put in; and the sidewalk replaced. Motion
passes.
Jack Brooks advised he will contact General Services con-
cerning the sidewalk.
Chair Taft advised Ms. Lo to discuss the berry situation with
Mr. Brooks and that she can appeal the Commission's decision
to the City Council.
Item #7 - Corona del Mar High School Olympic Pool Policy
Corona del
Mar High
Chair Taft turned the meeting over to Nancy Beard who briefly
School
summarized the report submitted.
Olympic Poo'
Policy
Uback
Commissioner Grant requested the policy presented be brought
to the Recreation Program Committee to be compared with
the one they reviewed and approved before i•t is finalized.
Director Whitley explained that City Council Policy I -5, Use
Priorities and Fees for Facilities and Equipment, is for all
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City owned facilities. The same policy cannot be used for
the Marian Bergeson Aquatic Center since it is not owned by
the City.
Commissioner Compton suggested the policy be approved as pre-
sented and corrections made later.
Commissioner Grant recommended the policy be temporarily
adopted and brought back to the Recreation Program Committee
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for corrections. He also suggested that the word, "exlusive,'
be deleted for City use under Pool Use Criteria.
Director Whitley explained this schedule is in the School
District =City Agreement and cannot be changed.
Motion
x
Commissioner Compton made an interim motion to approve the
Ayes
x
x
K
x
x
x
x
fee schedule and tentative scheduling of the pool and that
the Recreation Program Committee meet with staff to complete
Othe
body of the policy. Unanimous.
Item #8 - Removal of Volleyball Court
Removal of
Volleyball
Chair Taft turned the meeting over to Commissioner Vandervort,Court
Chair of the Beach and Oceanfront Committee,'who reported
that they met and reviewed the volleyball court located
approximately,100' east of 43rd Street. The committee recom-
mended removal, since the court is located in the middle of
the block, which is not an optimum location and there are
other courts in the vicinity.
Chair Taft opened the meeting to Public Testimony and Mr.
Mike Roland addressed the Commission. Mr. Roland reported
the Commission authorized this location a year and a half
ago since there is safe access for lifeguard vehicles and
the court is far enough away from homes. He'just saw the
notice for removal and did not understand why request has
been made to remove it. Should the reason be noise and trash
he felt it was minimal if due to the players. The majority
of the residents are renters who are much more noisy and
disrespectful than the-players. He felt those opposed to
the court should first talk to the players.
Commissioner Vandervort reviewed the existing volleyball
court locations in this area and pointed out there is one
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unauthorized court between 42nd -43rd Streets and one between
40th -41st Streets. Two years ago all unauthorized courts
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were posted.
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
City Council Chambers 7 p.m. INDEX
•Chair Taft pointed out to•Mr. Roland that when the Commission
approved the subject court, there was not as much opposition
as there is now.
Mr. Scott Smith addressed the Commission concerning removing
the authorized court that was previously approved. He
disagreed that it be removed because a new homeowner moved
in.
Chair Taft explained the policy for removal and installation
of volleyball courts which the Commission reviews when
applications are received. The Commission tries to satisfy
as many as possible and petitions can be obtained and reli
viewed at any time.
Mr. Bill Schonlau, 4207 Seashore, addressed the Commission.
He reviewed his study of the volleyball court locations on
the Peninsula, pointing out there are five courts at the
subject location, two being tandem of which one is unauth-
orized. The subject court is in the center of the five whi
is one of the narrowest locations on the beach. He stated
this area has the most dense concentration of volleyball
courts in-the City and the absence of public parking exag-
gerates the problems of parking and direct access for
volleyball players. He urged the center court be relocated
to an area that is not as dense in order that there be more
even distribution of courts which would also ease the
parking situation.
Mike Roland addressed the Commission stating that the other
authorized courts are closer to home; that there are four
courts in the area, not five; and that there is a wide path-
way for vehicles and pedestrians in the subject area.
Commissioners Konwiser and Compton recommended only removing
the unauthorized courts and retaining the authorized
courts.
Commissioner Herberts stated she felt that if all the courts
in the area are being used, they should be retained since
the beach is a public recreational facility.
Chair Taft stated the majority opinion two years ago was to
retain the court. Although he would prefer the court be
moved to the end of 42nd Street, he would support retention.
CITY OF NEWPORT BEACH
Motion
Ayes
Nays
Motion
Ayes
Nay
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x
Commissioner Konwiser moved the court be retained and un-
x
x
x
x
x
authorized courts be promptly removed in this vicinity.
x
x
Should staff feel the court can be moved towards the ocean,
then this should be done. Motion passes.
Item #9 - Oasis Conceptual Plan
Oasis Con-
ceptual
Chair Taft turned the meeting over to Director Whitley who
Plan
reported the Oasis expansion has been funded and proposed
for next fiscal year. Public Works has selected The Blurock
Partnership as the architect for the project, and with the
Commission's approval, plans-and specs can proceed.
Director Whitley then reviewed the conceptual plan and the
reasons for the additions and changes.
Commissioner Konwiser questioned the proposed parking plan
and recommended it be redone as there needs to'be more space
allowed for access and turning.
Commissioner Grant agreed that the parking plan needs to be
redone. He'also questioned if the extra space allocated
to the administrative area is needed and requested a
personnel assessment and needs study.
Commissioner Demmer explained that the growth and needs
assessment in the area of Human Services requires accommoda-
tions for counselors and badly needed service areas. She
explained two human service programs that were-being intro-
duced to the Oasis facility and expansion to accommodate
these and other programs. The rooms will be built to be
flexible so easy modifications can be made to allow for
maximum utilization.
x
Commissioner Konwiser moved the plan be approved and that
x
x
x
x
x
x
staff instruct the architect to review the parking plan.
x
Motion passes.
III. PUBLIC COMMENTS
IV. DISCUSSION ITEMS
Item #10 - Lights at Lincoln
Lights at
Lincoln
Nancy Beard gave a brief update on the'current status of the
timers and field lights at Lincoln which have been shielded
\
and corrected.
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Commissioner Grant explained the soccer lighting and compli-
mented Ms. Beard on a job well done. There has, however,
been a complaint from one homeowner, Dr. Pike.
Director Whitley recommended the consultant, staff and one
Commissioner take readings at Dr. Pike's home. The Commis-
sion agreed this was a good suggestion and Commissioner
Compton requested he attend.
Item #11 - Status of Capital Projects
Status of
'
Capital
Director Whitley advised the contract for the upper portion
Projects
of Inspiration Point will be awarded in June.
Commissioner Herberts questioned the water issue and Director
Whitley reported a water plan to reduce watering is being
studied.
Commissioner Grant asked to see the balance of the CYC plan
before it goes to bid Director Whitley will provide this.
Item #12 - Park and Street Tree Division
Park and
Street Tree
Report received and filed.
Division
Item #13 Recreation Division
Recreation
Division
Nancy Beard reported 800 children attended the Easter Egg
Hunt which was very successful. Both the Pee Wee Tennis
Camp and Gymnastics Camp held during spring break were sold
out.
The Oasis Health Fair will be held May 5 and Ms. Beard en-
couraged the Commissioners to attend.
The Corona del Mar 5K will be held June 9 and is limited to
1.500 men and 1500 women. There will probably be about
300 -500 walkers, after which the participants will enjoy
"Restaurant Row."
Commissioner Vandervort pointed out the summer slow pitch
programs accommodate 3400 players. Nancy-Beard explained
that 50 teams had to be turned down due to the loss of the
Lincoln facility.
V. COMMISSION COMMITTEES
Item #14 - Capital Improvements
Capital
No report from ;Committee Chair Konwiser.
Improvements
CITY OF NEWPORT BEACH
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Item #15 - Street Tree
Street Tree
Committee Chair Herberts reported the committee met and re-
viewed 14 tree requests. The residents are happy with the
recent plantings at Plaza del Nord and Plaza del Sur on the
Peninsula.
Commissioner'Demmer thanked Commissioner Herberts for her
outstanding job as Chair of the Street Tree Committee and
for representing the Commission at Arbor Day and at the
City Council honoring the City for being named Tree City USA.
Commissioner'Demmer recommended staff and the maintenance
personnel also'be acknowledged by the Comihission for their
contributions'to Tree City USA.
Director Whitley concurred and will write a letter to be
signed by each Commissioner.
Item #16 - Recreation Program
Recreation
Program
Committee Chair Compton reported the committee met and
discussed the Marian Bergeson Aquatic Center policy. They
will be meeting with the Youth'Sports Commissioners the end
of May.
Item #17 - Oceanfront and Beach
Oceanfront
and Beach
Chair Vandervort reported they have asked for data and inform a-
tion in order-to replace -the volleyball poles but have not
had a reply.
Item #18 --Budget
Budget
Committee Chair Taft reported the City Council will be re-
viewing the budget at their Study Session on Tuesday, May 29,
at 2 :00 P.M.
Item #19 - Parks and Open Space Acquisition
Parks and
Open Space
Chair Grant reported they will be meeting before the 13th and
Acquisition
at that time will review Commissioner Demmer's letter con-
cerning the American Legion.
Concerning North Star Beach, nothing can be determined re-
garding-use of the site until such time as the soils analysis
is received and the financial impacts are known. Upon re-
ceiving this information, there will be a meeting with Dover
Shores for their input.
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Big Canyon is on 'hold-due to on -going negotiations.
The inspection slips will also be reviewed at their next
meeting.
Commissioner Demmer questioned the I -5 Policy, Use, Prioriti
s
and Fees for Facilities and Equipment, as it• pertains to the
American-Legion. Director Whitley explained this policy
refers to City owned facilities, therefore, the Girl Scout
House and American Legion building are not under this policy.
They are operated under a lease agreement with the City..
Commissioner Demmer asked that the 15th Street Park which
the American Legion uses for parking be-reviewed at the
Commission level. She also asked what is public and what is
leased in this area. Director Whitley explained that the
American Legion lease includes everything within their
fences, the marina, beach and parking lot. The public area
( }
is the grass between the building and the alley.
Commissioner Grant reported Commissioner Demmer's letter and
questions will be addressed at their next meeting and Chair
Taft stated this will be a discussion item at the Commission's
June meeting.
Item #20 - Newport Shores Park
Newport
Shores Park
Chair Compton reported preliminary sketches are complex and
the project is on hold until the budget is approved.
Commissioner Konwiser reported the Encroachment Committee
met and submitted their final report to the-City Council
which was published by John Wolter and will be referred to
the Planning Commission and then to the Coastal Commission.
Item #21 - Chair's Report
Chair's
Report
No report from Chair Taft.
Item #22 - Commission Liaison Assignments
Commission
Liaison
(a) Commissioner Demmer, Liaison to Friends of Oasis, ex-
Assignments
plained the Elder Care program offered. The upcoming
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Health Fair is sponsored by Hoag Hospital.
(b) No report from Liaison Compton on the Friends of the
Theatre Arts Center.
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VI. SPECIAL, URGENT OR LAST MINUTE ITEMS
Commissioner Vandervort report she received a"call that the
Corona del Mar restrooms during the July-4th weekend are a
mess; there are long lines; the doors are sometimes off,
etc. Director Whitley - explained this is a General Services
responsibility; however, he will contact the Director to
determine if temporaries can be brought in.
Commissioner Herberts reported a request was made for the
bushes to be trimmed at the Girl Scout House. Director
Whitley advised this area will be relandscaped.
Commissioner Demmer -reported the Memorial Day Picnic at
Cliff Drive Park will be held May 28 from Noon to 4:00 P.M.
at no charge. The theme will be hometown western and the
event, co- sponsored by the City, is always outstanding and
successful.
Director Whitley reported the Corona del Mar Pool dedication
will be May 6 at 4:00 P.M.
`VII. ADJOURNMENT
There being no further business, the Parks, Beaches and
Recreation Commission adjourned at 10:50 P.M.
The agenda for this meeting was posted on
April 24, 1990 at 9:35 P.M,. outside the'City
Hall Administration Building.
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Dottie Flohr, Secretary