Loading...
HomeMy WebLinkAbout09-06-2016 PBR Minutes CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Regular Meeting September 6, 2016 – 6:00 PM I. CALL MEETING OF THE PARKS, BEACHES & RECREATION COMMISSION TO ORDER – 6pm II. ROLL CALL Present: Marie Marston, Chair Laird Hayes, Vice Chair Tom Anderson Ron Cole Dave Granoff Walt Howald Excused: Roy Englebrecht Staff: Laura Detweiler, Recreation & Senior Services Director Mike Pisani, Municipal Operations Director Sean Levin, Recreation & Senior Services Deputy Director Dan Sereno, Landscape Manager Teri Craig, Administrative Support Specialist Marie Lindeman, Administrative Support Specialist Patrick Alford, Planning Program Manager Justin Schmillen, Recreation Manager John Conway, Urban Forester Michelle Clemente, Natural Resources Supervisor III. PRESENTATION TO JOHN CONWAY– Presentation given after item VII-A IV. NOTICE TO THE PUBLIC V. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher commented on Item VI-B regarding trees removed and noted that there had been 168 trees removed and only nine trees planted. VI. CONSENT CALENDAR A. Minutes of the August 2, 2016 PB&R Commission meeting. Waive reading of subject minutes, approve and order filed. B. Parks, Trees, and Beaches Maintenance Divisions Activities Report Receive/file Activity Report of past and upcoming projects and events. Item VII-A October 4, 2016 Parks, Beaches & Recreation Commission Minutes September 6, 2016 Page 2 C. Recreation & Senior Services Activity Report Receive/file Activity Report of past and upcoming projects and events. D. Bench & Tree Donation – Bonita Canyon Sports Park Approve the donation of a Tipuana tipu (Tipu) tree and a Pasadena series bench for Timothy Trout at Bonita Canyon Sports Park. Motion by Commissioner Howald, second by Commissioner Cole, to accept Consent Calendar Items VI-A. through VI-D. Motion carried by unanimous vote with Commissioner Englebrecht excused. VII. CURRENT BUSINESS A. Final Design for Permanent Pickleball Courts at Bonita Canyon Sports Park West/Field 6 Review and provide feedback on the final design for four (4) permanent pickleball courts at Bonita Canyon Sports Park West/Field 6. Director Detweiler introduced Manager Schmillen who provided a PowerPoint on the project. Chair Marston confirmed that staff was seeking comments and not a Motion from the Commission. She inquired about the temporary courts and Manager Schmillen said that Court 1 would be converted back to a tennis court upon completion of the project. Commissioner Cole stated that a resident had raised questions regarding noise and sound testing. Manager Schmillen said the sound testing samples were taken on a weekday in the morning. The busiest times are between 8:30 a.m. and 12:00 p.m. Staff did not take samples during the weekend because of other park uses and noise. He also explained the methodology of the sound test and the planting of shrubs and trees as mitigation measures. Commissioner Cole was very concerned about the noise to the neighbors and suggested planting additional trees and mitigation measures. Chair Marston asked about the distance from the pickleball court to the closest home and was advised it was approximately 300 feet. Vice Chair Hayes inquired about the new court’s hours of operation and how one would get into a game. Manger Schmillen said there were several ways to play including open play. The hours of operation are 8:00a.m. to dusk. Maintenance includes blowing off the courts once or twice weekly. Commissioner Granoff asked about parking and how it was in juxtaposition to the AYSO soccer fields. Manger Schmillen said the parking lot is located by the basketball court and has approximately 72 spots. There is also open parking on Parks, Beaches & Recreation Commission Minutes September 6, 2016 Page 3 Ford Road. The parking is sufficient for soccer with Ford Road used as an overflow. Commissioner Anderson asked about the ball used for the sound testing and learned it was the quieter ball. The ball has been well received by players. Chair Marston asked about testing with the regular ball. Manager Schmillen said they could include it in future sound testing. Manager Schmillen stated the scheduled completion date should be spring 2017. Chair Marston opened the public comments. Paul Casey, a resident with property adjacent to the park, stated that he spoke to 4-5 residents whose property also abuts the park and were unaware of the proposed use. A number of them emailed Manager Schmillen to voice concern over sound issues. Mr. Casey stated pickleball was an inappropriate use so close to homes and suggested an alternative site to the northwest or northeast of the parking lot. Chris Edmonds, a resident with property near the tennis courts, said he had three small children who nap during the day and was therefore concerned about noise. He thanked Mr. Casey for advising him of the project and stated the City might not have provided notice properly under the Brown Act. He played a recording of pickleball sounds. Scott Allen, a resident who lives near the park, stated his concern about noise from pickleball especially on weekends. He also did not receive notice from the City and heard about the project from Mr. Casey. Bob Mulvihill, a pickleball player, thought the recording played by Mr. Edmonds did not sound like outside pickleball. He believes the noise only affects people within a couple hundred feet. With regard to the design he wanted to make sure the courts meet the US Pickleball Association recommendations. He also suggested shaded benches and additional viewing areas within the court areas. Ken Krum, a pickleball player, addressed the design of the courts. The trees are detrimental to play as the courts must be kept as clean as possible. The ball is only a whiffle ball and is easily interfered with by water and debris. He further suggested additional opportunities for shade. Pickleball players also need a way to retrieve balls from beyond the fence on the MacArthur side. Laurie Petry stated that she previously was paralyzed, but is now able to play pickleball. She noted that pickleball is growing exponentially. With respect to sound attenuation bushes or hedges are better than using trees. Pat Livingston, a pickleball player, asked if anyone had spoken to the lawn bowlers about pickleball noise. Parks, Beaches & Recreation Commission Minutes September 6, 2016 Page 4 Polly Drifuie, a neighbor living in the closest house to the proposed court, stated her opposition is due to the noise. She believed the rest of the neighborhood would agree with her and questioned the noticing. She stated she would be happy to work on the project, but that she opposed its current placement. Further she said parking is an issue due to soccer and disagreed with the staff’s finding. Chair Marston closed the public comments. Chair Marston requested clarification on the noticing. Director Detweiler said the noticing was of the same addresses they noticed the first time around. Undeliverable mail is returned to the office, but nothing had been returned. They are required to notice within 300 feet of any type of improvement, but the City noticed beyond that which is illustrated on the map as an attachment to the staff report. Chair Marston inquired about the decibel readings prior to the mitigation. Manager Schmillen stated he did not have that information. Chair Marston asked how the design would have been modified if the testing resulted in 55 decibels or higher. Manager Schmillen said they would most likely have added soundproofing against the east facing fencing of the pickleball courts. The fencing on the design is 8 feet high and grading information was not immediately available. Chair Marston asked about the possibility of using the property to the north by the AT&T building for pickleball as suggested by a member of the public. Director Detweiler said AT&T owns the land and that it is vacant, but that it would be extremely costly if it was even possible to obtain due to the price of the land and grading costs. Commissioner Anderson stated that he had worked on the Airport Working Group for over 12 years on the airport sound issue so sound came up quite a bit. He stated he was surprised that it was only 55 db, which is very low and did not see the need for further mitigation. The real issue is the somewhat irritating noise the ball makes. Commissioner Cole said the 52 db was with using the soft ball and suggested further testing at different times. Chair Marston confirmed with staff that no motion was necessary. Commissioner Cole recommended to staff that they do more testing and return to the Commission at a later date regarding landscaping. Parks, Beaches & Recreation Commission Minutes September 6, 2016 Page 5 III. PRESENTATION TO JOHN CONWAY – Director Pisani, Manager Sereno, & Deputy Director Levin provided their congratulations to Urban Forester John Conway on his retirement. VII. CURRENT BUSINESS - Continued B. Newport Beach Sustainability a. Review and discuss Sustainability Plan and b. Direct staff to report any comments and/or recommendations to the City Council Director Detweiler introduced Manager Alford from Community Development who provided a PowerPoint and then turned the presentation over to Supervisor Clemente who discussed education and outreach. He noted that City Council has requested comments on the plan. Commissioner Anderson commented that the Tree Selection Committee wanted more drought resistant shrubs. Supervisor Clemente believes the Sustainability Plan is good because it brings prior work together and integrates it. Vice Chair Hayes voiced concerns about unintended consequences. He also confirmed that when trees are selected it is done with consideration of birds and other fauna. Director Pisani said tree selection is largely up to the homeowner and that you need to be careful of trees that attract birds because they tend to be messy. Chair Marston thought the plan was a great start and very ambitious. She asked if the plan would require a reconsideration of the street trees. Manager Alford advised that the plan should be considered a road map and that the plan is a commitment to include and promote sustainability. Chair Marston inquired about waste reduction incentives; with respect to hazardous waste pickups. She wondered if there could be a regular cycle so that it was more convenient. She also asked how the City could limit single use items like plastic shopping bags. Supervisor Clemente said single use items are a big issue and that the City has to educate people on refuse, reduce, recycle. Chair Marston mentioned that other municipalities have green waste bins. She was supportive of bicycle sharing program and shuttles. She stated that she was concerned about the increasing numbers of homeless people there and the safety of the Santa Ana River Trail Commissioner Howald was glad the ocean plan included sea level rise. He also Parks, Beaches & Recreation Commission Minutes September 6, 2016 Page 6 asked about a listing of indigenous trees and plants. Manager Sereno stated that 10% of the list was comprised of indigenous trees. The Fire Department also maintains a list of fire retardant and indigenous species. All landscape design includes drought resistant plantings and indigenous cultivars. Commissioner Howald requested a copy of drought resistant and/or indigenous trees on the city’s list. Commissioner Granoff stressed the importance of improved parking and road information. Real time parking information would be helpful. Vice Chair Hayes thanked former Mayor Nancy Gardner for her work on the plan. Chair Marston opened the public comments; seeing none the public comments were closed. C. Continuation: Follow-Up - Removal of two Washingtonia Robusta (Mexican Fan Palm) trees – 239 Carnation Avenue a. Uphold the Municipal Operations Director’s (MOD) decision to remove two (2) Washingtonia robusta (Mexican fan palm) trees at 239 Carnation Avenue in order for development of the property to occur; or b. Relocate one (1) or two (2) Washingtonia robusta (Mexican fan palm) trees, at the expense of the property owner at 239 Carnation Avenue, elsewhere on the property. Director Pisani provided background on the project and the appeal. He stated that downsizing the garage would require a variance and the Planning Commission would not be able to grant it. There is a 12 foot by 12 foot area on the northern part of the property where the trees could be moved in the City’s right of way. Chair Marston asked if the question of the trees being labeled as special would go to City Council. Director Pisani replied that it would be done, but that it has not happened yet. Commissioner Howald confirmed the trees could be moved to the corner with a waiver of the right of way. Director Pisani stated the trees were currently in the City right of way. Moving the trees is a viable alternative. They would be moved approximately 8 to 10 feet Parks, Beaches & Recreation Commission Minutes September 6, 2016 Page 7 and they would try to keep them with their current spacing. The expense will be borne by the homeowner. Director Pisani stated all palms in the City were pruned annually. Chair Marston opened the public comments. Aaron Ginsburg, a neighbor to the north, was opposed to moving the trees as they would be too close to his property. He was also concerned about potential property damage and the safety of his children. Jim Damon said he was speaking on behalf of the Palisades Condominium Homeowners Association. He stated that he had met with Public Works Civil Engineer Rodi Almendralo looked at the bio retention materials and determined that the trees could be planted near the southern property line. There have been no claims of injury or property damage due to fronds. He noted that the root ball goes seven feet deep and are not an issue. Dick Madenburg stated that he wanted the trees retained. He provided a petition signed by over 50 neighbors requesting that the trees be deemed as special. He was also concerned about the loss of public parking. Ron Muller said the issue was the trees retaining their goal post appearance. They are iconic trees. He noted that if the trees were moved to the northern part of the property the fronds would fall on the house, not the yard. He spoke of the commission’s purview and responsibility to the community. Steve Perkins, the homeowner of 239 Carnation, stated that he has attended several of the hearings and that his property has sat for too long because of the issue over the trees. He said that in order for his home to have a three car garage the street would only lose one space. His plans are approved and he holds the necessary permits from the Coastal Commission and the City. He stated that he has spent $30,000 for his permits and that it has taken four years. The other neighbors on the street do not want the trees near their property. He asked for a decision on the matter and again indicated he would pay for the trees to be moved and replanted. Ruth Madenberg stated that most of the neighbors were never made aware of the Coastal Commission meetings. The trees are not her major concern, but trees are important to the community. Her main concern was the loss of a city parking space for a private home. Andrew Goetz, Architect, said they respect the work done by the staff and asked for a decision tonight. The homeowner has completed all the relevant processes. The trees cannot be placed on or near the bio retention due to utilities. Robert (last name unknown) of 221 Carnation stated the parking issue was ridiculous. He believed the trees to be iconic and suggested they be moved to Parks, Beaches & Recreation Commission Minutes September 6, 2016 Page 8 another City location or held in the yard. The builder has the right to continue with the project. Shirley Roeder, a neighbor on Carnation, enjoys the trees and noted they had been there a long time. The Coastal Commission meeting was about the bluff and the trees were not considered. Chair Marston closed the public comments. Commissioner Cole pointed out that there are differing opinions so he planned to default to the staff recommendations. He currently preferred to remove the trees. Commissioner Anderson told the homeowner that he deserved an answer. He was upset that there was no direction from Council regarding adding the trees to the special tree list and indicated he had to wait until that happened to make a decision. Commissioner Granoff confirmed his belief that the north side was the only place the trees could be relocated to on the property. Chair Marston clarified that the loss of the parking space was already approved. Motion by Commissioner Cole to approve recommendation a – to remove two Washingtonia robusta (Mexican fan palms) trees in order for development of the property. Motion dies for lack of second. Motion by Commissioner Howald, second by Chair Marston to approve recommendation b – to relocate two Washingtonia robusta (Mexican fan palms) trees at the expense of the homeowner elsewhere on the property. Motion carried with Commissioner Anderson voting no and Commissioner Englebrecht absent. D. Reforestation Request – 2845 Cassia Street Consider the reforestation request of a City Schinus terebinthifolius (Brazilian Pepper) tree by Jack Schoellerman at 2845 Cassia Street. If approved the tree will e replaced with a 36” box Magnolia Cultivar at the applicant’s expense. Manager Sereno presented the reforestation request and indicated that the criteria for reforestation was met. Chair Marston asked for comments from the Commissioners on the project. Vice Chair Hayes stated that the root ball of the tree had grown higher than other trees on the block. Manager Sereno said the Brazilian Pepper is listed as a problem tree since they get root bound and are prodigious seeders. The tree is being removed because it Parks, Beaches & Recreation Commission Minutes September 6, 2016 Page 9 is an over mature tree and meets the requirement for removal under reforestation. Chair Marston confirmed the tree did not meet the standard removal requirements. Manager Sereno described the replacement tree and noted that Magnolias have been planted on the street. Chair Marston asked if the other Brazilian Peppers on the street would need to be replaced and learned that the 2,000 Brazilian Peppers in the City would all have to be looked at shortly. There are several on Cassia Street that will meet reforestation requirements. Manager Sereno confirmed that $6,000 was an estimated value for the tree, but it is designated as an invasive species by the Coastal Commission. Chair Marston opened the public comments. Jim Mosher said reforestation requests are usually accompanied by a petition, but this request is using a streamlined procedure. He questioned why the statement of notice was not in the Homeowner’s Association (HOA) letter. Jack Schoellerman, the homeowner, said the matter went before the HOA and it was approved by resolution. The tree has grown over the sidewalk and is killing the Cypress trees on the property. He stated he would bear the cost of the replacement. Chair Marston closed the public comments. Chair Marston requested clarification on the HOA and the Brown Act. Director Pisani explained that if there is a HOA with mandatory membership it has to go through the Board of Directors. The notice is done by the HOA. Motion by Vice Chair Hayes, second by Commissioner Cole to approve the reforestation request of a City Schnius terebinthifoliys (Brazilian Pepper) tree by Jack Schoellerman at 2845 Cassia Street and replace with a 36” box Magnolia Cultivar at the applicant’s expense. Motion carried unanimously with Commissioner Englebrecht absent. VIII. ANNOUNCEMENTS / FUTURE AGENDA ITEMS Director Detweiler announced  That the 16th Street Recreation Center will open on September 12. She noted that there are 168 people registered for classes with 45 classes being offered. She went on to say that the Center has been a warehouse and has been converted into a recreation center. The facility is leased for five years Parks, Beaches & Recreation Commission Minutes September 6, 2016 Page 10 and they will move the majority of the programs from the West Newport Community Center to the new facility.  Fall registration is open.  She reminded the Commission that Springsteen on the Green is planned for September 11 at the Civic Center.  That ACE programs are starting again  Expo on the Green will be on September 10 also at the Civic Center.  The Surf Championship is scheduled for September 24-25 at 52-54th Street. Director Detweiler said Jonathan Harmon and Stephanie Brown have the oversight for the 16th Street Center, but that it will not be a staffed facility aside from part time recreation leaders. Contract instructors run the classes and will be issued keys. Commissioner Anderson requested better signage at Back Bay Loop be reviewed by staff as he often gets questions from visitors using the loop. He also recommended The Dirty Wedge as a possible future movie night. Vice Chair Hayes requested an overview of Park Patrol be given at a future meeting. IX. PUBLIC COMMENTS ON NON-AGENDA ITEMS Jim Mosher clarified his previous comment stating that G-1 Policy has a requirement that a statement be provided that the neighboring homes were notified. He noted that it was not clear from the letter presented if that happened. X. ADJOURNMENT - 8:38 p.m. Submitted by: ________ Teri Craig, Admin Assistant Approved by: _____ Marie Marston, Chair Teri Craig Marie Marston