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HomeMy WebLinkAbout01-08-1991 - Agenda• CITY OF NEWPORT BEACH PARKS, BEACHES AND REMEATION.COMMISSION REGULAR MEETING TO BE HELD TUESDAY, JANUARY 8, 1991 CITY COUNCIL CHAMBERS 7:00" P.M. I. PROCEDURAL MATTERS 1. Call to Order 2. Roll Call 3. Approval of Minutes - Meeting of December 4, 1990 4. Adoption of Agenda II. INFORMATIONAL AND COMMITTEE REPORTS - 7:00 P.M. 5. Park and Street Tree Division (Report Attached) 6. Recreation Division (Report Attached) • 7. Tree Committee - Chair Herberts 8. Recreation Program Committee - Chair Compton 9. Parks and Open Space Committee - Chair Vandervort 10. Beach Committee - Chair Taft 11. Oasis Liaison - Commissioner Demmer 12. Theatre Arts Center Liaison - Commissioner Compton III., PUBLIC COMMENTS - 7:30 P.M. IV. ACTION ITEMS 13. Capital Improvement Project Proposals, FY 1991 -92 (Report Attached) 14. Council Policy I -12, Obstruction of Views by Trees (Report Attached) 15. Fishing Regulations at West Jetty View Park (Report Attached) 16. Tree Planting Appeal - 2515 Bamboo Street • I (Report Attached) V. DISCUSSION ITEMS 17. Circulation and Open Space Agreement (Report Attached) 18. Status of Capital Improvement Projects (Report Attached) VI. COMMUNICATIONS 19. Bluff Development in Corona del Mar (Letter Attached) VII. SPECIAL, URGENT OR LAST MINUTE ITEMS VIII. 0 • Motion Ayes X X Item No. 3 CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission December 4, 1990• City Council Chambers 7 p.m. Ex- Officio Member Present: Ronald A. Whitley Staff Present: I. PROCEDURAL MATTERS Item #1 - Call to Order Nancy Beard, Recreation Superintendent Jack Brooks, Park and Tree Mainten- ance Superintend- ent Dottie Flohr, Secretary The meeting of the Parks, Beaches and Recreation Commission was called to order at 7:00 P.M. Nancy Beard introduced David McConnell, the newly appointed Recreation Supervisor, to the Commission. Mr. O'Connell gave a brief background of himself and Ms. Beard explained he will be in charge of tax supported activities, such as special events, facilities, youth activities and the drop in programs. The Commission welcomed Mr. McConnell aboard and looked forward to working with him. Item 02 - Roll Call Roll call was taken. Commissioners Compton, Demmer, Grant, Herberts, Konwiser, Taft and Vandervort were present. AAUroval or mi m711?C - Chair Grant referred to Item . #16, Bolsa Avenue Park Proposal, fifth paragraph, and questioned Commissioner Demmer if she meant to say the area had been downgraded. Commissioner Demmer agreed that she meant "upgraded." Commissioner Compton moved the minutes be adopted as corrected. Unanimous. 3 INDEX Call to Order Roll Call 1 of CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 2 City Council Chambers 7 p.m. INDEX Item #4 - Adoption of Agenda Adoption of Agenda The agenda was adopted as presented with the addition of Irvine Avenue Medians and Dover /PCH Land to be addressed under Item #5; and The Irvine Company's Open Space Plan and No Fishing at West-Jetty Park to be addressed under Item #9. II. INFORMATIONAL AND COMMITTEE REPORTS Item 45 - Park and Street Tree Division Park and Street Tree Commissioner Demmer noted the 1,016 trees that Division were trimmed in one month was a great accomplishment and Jack Brooks explained-, these were mostly Palms. In response to a question by Commissioner Compton concerning a height limit for Palms, Jack Brooks advised that basically there is no limit, however, this sometimes depends upon the variety. Jack Brooks reported the final Cal Trans corrections have been made at Dover and PCH and a permit should be issued in a few-weeks. Concerning the Palms on Irvine Avenue, Jack Brooks stated the Department prefers to keep this type of tree since they can be planted consistently without blocking views. He agreed, however, they are leaning over too far. Commissioner Herberts recommended citriodoras be considered in this area and Mr. Brooks agreed they could be planted, however, only where there are no view problems. Commissioner Compton suggested a hedge or flowers be planted at the base of the Palms to make them more pleasing. Commissioner Demmer agreed there needs to be landscaping at the bases. Commissioner Taft felt the Palms should be . removed since, they do not fit in the area. Commissioner Vandervort agreed, stating she would prefer Eucalyptus; however, if this is not possible, she suggested three Palms be planted in CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Page 3 City Council Chambers 7 p.m. the medians, rather than two. Jack Brooks and the Commission agreed and determined that staff will remove the Palms and replace them with Eucalyptus where there are no view problems. Chair Grant asked that the Commissioners final facility inspections be turned in. Commissioner Herberts commended the Park and Tree Division on the excellent job they are doing and asked if more staff will be needed. Jack Brooks advised he will be analyzing the Department's needs. Item #6 - Recreation Division Nancy Beard reported there are two big events slated for Saturday, December 8., one being Breakfast with Santa at Oasis and the other being Snow Day at CYC. Commissioner Taft questioned why the Commissioners had not received a copy of the new winter classes. Nancy Beard explained that they were reviewed by the Recreation Program Committee, however, due to time constraints they were not available before publication. Chair Grant suggested that if any of the Commissioners want to review new classes they should contact Ms. Beard. Item 07 - Tree Committee Commissioner Herberts reported the committee did not meet. Item 48 - Recreation Program Committee Commissioner Compton reported the committee did not meet. Item 49 - Parks and open Space Committee Item #9 was addressed following Item #18. Commissioner Vandervort reported the committee INDEX Recreation Division Tree Committee Recreation Program Committee Parks and Open Space Committee CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Page 4 City Council Chambers 7 p.m met two times and formulated a policy on plaques. They also reviewed five parks. Commissioner Demmer gave a brief summary of The Irvine Company's presentation to the City Council on their proposed build out plan in which they are asking for no changes in the General Plan. She pointed out that 112 acres are designated to the City and the General Plan mandates 84 acres. Ten acres of view park are designated for the Castaways and 4 acres for Newport North. Commissioner Herberts explained Company wants a commitment for now and they are willing to use on different land uses. The; cooperatively with SPON. The Ir, give $20.6 million for trE improvements provided the City c commitment on what they can do. that The Irvine total build out appraisals based have also met nine Company will ffie and road ives them a firm Chair Grant reported he met with their Ad Hoc Committee and he perceives the Parks, Beaches and Recreation Commission playing a major role in the City's future park needs. Director Whitley passed out a report from the Planning Department concerning: what The Irvine Company is proposing. He urged the Commissioners to look over the sites and consider topography and sensitive environmental issues. Chair Grant advised directives will come from the City Council and the Commission will be working: within the limitations of the General Plan. He suggested the Commissioners absorb the report, focus on the General Plan and alternatives, and visit the sites so that when directives are received they will be able to discuss them. Commissioner Demmer suggested the Commission be taken on a field trip to these areas. Commissioner Herberts agreed, suggesting SPON also be invited. Director Whitley will contact The Irvine Company to arrange a field trip. Commissioner Herberts asked that the no fishing issue at West Jetty Park be addressed. Director INDEX CITY OF NEWPORT BEACH arks, Beaches .& Recreation Commission Page 5 City Council Chambers 7 p.m. INDEX Whitley advised the City Council determined the applicant must submit an encroachment permit which has not beendone. After the permit is issued, the matter will come back to the City Council. Commissioner Herberts urged that in the interim the Parks Division clean up the area since it has become a health hazard. Item 010 — Beach Committee Beach Committee Item #10 was addressed following Item #14. Commissioner Taft reported he met with John Blauer of the Marine Safety Division. Both the Marine Department and General Services Department are to be contacted in the review process for proposed volleyball courts. Mr. Blauer addressed the Commission and asked that any proposed removals or installations be reviewed annually by the Marine Department prior to Easter Week. Commissioner Taft explained' that under the present system, volleyball players can apply for • court at any time and the Commission must make • decision in a timely manner. However, he recommended all unauthorized courts be, removed prior to Easter Week. Chair Grant directed this be put on the calendar. Mr. Blauer also proposed that nets locked to courts be provided from Easter to mid - September at Corona del Mar State Beach to alleviate the challenge problems experienced in the past. Commissioner Taft suggested, and Mr. Blauer concurred, that a trial basis of 4 courts.- with nets be implemented at the farthest area from the fire rings. Mr. Blauer also informed the Commission that a request, which the Marine Department approves, will be forthcoming for a women's court to be located at the south end of Corona del Mar Beach. Commissioner Compton reported the Beach Committee has reviewed standardizing:-- volleyball poles and CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 6 City Council Chambers 7 p.m. INDEX Ik- recommends steel poles be installed for the 4 courts which will be relocated in West Newport. Should there be complaints, they can be re- evaluated; if not., the Department can move forth to install more. The poles, if properly installed and painted, should last eight years at a cost of $208 per court. They should be installed at a uniform 50' distance out from the residences and he hopes this can be completed within 60 days. Item All - Oasis Liaison Oasis Liaison Commissioner Demmer reported Mayor Sansone attended their last Board meeting and he indicated there will be a decrease in revenue from State and County funds this year. As a result, Oasis will be expanding their fund raising efforts to support programs now supported by grants and gifts. Item #12 - Theatre Arts Center Liaison Theatre Arts Center Commissioner Compton reported everything is going Liaison smoothly. III. ACTION ITEMS Item 013 City Property Adjacent to 850 City Property Sandcastle Drive Adjacent to 850 Sandr Item #13 was addressed following Item #8. castle Drive Chair Grant opened the meeting to Public Hearing and Mr. Mark Poochigian, 850 Sandcastle Drive, addressed the Commission. Mr. Poochigian reported he has been working with the City to acquire property adjacent to his residence where there is a plateau of approximately 240 square feet of land. The City owns the land, however, the Bren Company had deed restrictions on the land •that it must be used for park purposes which it has since offered to waive. In addition, the Public Works Department finds no objection to acquisition based on their five conditions presented in the report submitted. Motion Nays Ix 1, T I X I x CITY OF NEWPORT BEACH Parks, Beaches .& Recreation Commission Page 7 City Council Chambers 7 p.m. INDEX Mr. Poochigian explained the subject land is useless space on which he wants to extend his patio and rectify his drainage problems. He proposes to build an aesthetic masonry and plate glass wall at this location. Director Whitley pointed out that the Friends of Oasis have reviewed Mr. Poochigian's request and have no objection. The only condition the Department recommends is that proceeds from the sale be used at the Oasis facility. Commissioner Demmer questioned the condition from Public Works that the property be sold for 50% of its current assessed value. Director Whitley explained that this decision was due to the conditions being placed on the property, i.e., it cannot be built upon; the rear yard sets -back cannot be changed, etc. Commissioner Herberts stated she is opposed to recommending it be sold since it could set a dangerous precedent to sell open space to a private party. Commissioner Konwiser agreed this is a valid concern, however, this is a unique situation in that nothing can be built on the land and it will be walled off. Commissioner Konwiser motioned to approve the request to sell the property as presented with the additional condition that the proceeds from the sale be used at the oasis Center. Commissioner Vandervort amended the motion to state that the wall be no higher than 6 feet. During discussion, Commissioner Konwiser pointed out the City has a 6 foot limitation and Commissioner Compton felt this is under the Public Works jurisdiction. Mr. Poochigian also stated he did not intend to build a wall over 6 feet. Commissioner Vandervort withdrew her motion. Motion passes. CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Page 8 City Council Chambers 7 p.m. Item 414 - Volleyball Court Locations Commissioner Taft, Chair of the Beach Committee, briefly reviewed the volleyball court process for approved courts and that the committee agrees with the Marine Department's recommendation that courts be relocated in West Newport from in front of homes to street ends due to limited access and problems encountered during peak crowd periods. There are courts -at the street ends of 40th, 42nd and 43rd, but not at 41st Street. As a result, the action before the Commission is to approve the relocation of the court at 4105 Ocean Front to.41st Street end. Chair Grant opened the meeting to Public Hearing and Mr. Roger Rouse, 4109 -A Seashore, addressed the Commission. Mr. Rouse was confused as to which courts were being removed and /or relocated. Commissioner Taft explained the only one being considered is the court at 4105 Ocean Front, the objective being that there be 4 courts at street ends in this area and no courts in front of residences. Mr. Rouse felt that if 41st Street was accessible, he had no objections to a court at this location. Commissioner Vandervort questioned the posting of a court at 4307 and Commissioner Taft explained this was in error, however, 4105 was correctly posted. Mr. David Dick, 4109 Seashore, addressed the Commission and questioned why the courts have to be relocated to street ends that have been there for nine months. Commissioner Taft explained there have been complaints from residents and that courts at street ends pose the fewest complaints and cause the fewest problems. Chair Grant advised that should any interested person want to add a court, there is a procedure to follow subject to the Marine Department's INDEX Volleyball Court Locations CITY OF NEWPORT BEACH arks, Beaches .& Recreation Commission Page 9 City Council Chambers 7 p.m. INDEX approval. Mr. John Blauer from the Marine Safety Division addressed the Commission and pointed out that the narrowest portion of beach subject to heavy usage is located between 36th and 48th Streets. As a result, they recommend two volleyball courts per four block area at street ends, however, keeping the four courts between 40 -44th Streets is reasonable now if they are relocated to street ends and are monitored. Motion x Commissioner Compton motioned to relocate the Byes x x x x x x x volleyball court at 4105 Ocean Front to 41st Street end as recommended by the Beach Committee. Unanimous. Item #15 - Council Policy I -12, Obstruction of Council Views by Trees Policy I -12, Obstruction Director Whitley reported that Policy I -12 has of Views by helped out in some instances and not in others. Trees Commissioner Konwiser stated he felt the City needs a policy to encourage people to trim to maintain views which enhances the value of their homes and their neighbors' homes. He felt trees are not equivalent to a view of the bay or ocean and that it is a rare case where trees block ocean views. Since these matters arise frequently, he felt a policy should exist and urged the original I -12 policy be reinstated. Chair Grant agreed such a policy is beneficial to the City and recommended Item #3 of the proposed policy on Views and CC &R's be added to I -12. Commissioner Herberts reported that the Harbor View Hills Community Association was instrumental in the original request in preparing Policy I -12. She then read a letter from Harbor View Hills wherein they state that City Policy I -12 has not helped them with their private homeowner view problems. Commissioner Herberts passed out a letter from Mrs. Spencer who objects to trees being cut for CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 10 City Council Chambers 7 p.m. INDEX views. She presented a picture from her balcony of their only view of the ocean and felt if the policy were implemented the City could lose a lot of trees. Commissioner Herberts further stated she thought Policy I -12 was to be for a trial period to see if it worked. Since it did not, she urged it remain deleted. Motion Commissioner Herberts moved to accept the City Council's deletion of Policy I -12 for one year, after which time it should be brought back for further review. Director Whitley advised staff annually reviews policies and all changes are initiated by this Commission. Commissioner Compton questioned if there is an Ordinance on tree trimming f'or views. Director Whitley advised there is not but there is one for tree maintenance. Commissioner Compton stated . that when he voted he was under the impression there was an Ordinance addressing views which superseded Policy 1 -12. He felt the City needs a guideline on trimming for view purposes. Commissioner Compton suggested a subcommittee be formed to resolve the matter and that this be an action item at the January 8, 1991 meeting. Substi- Commissioner Compton made a substitute motion to tute send Policy 1 -12 back to the committee level and Motion that the policy be agendized as an action item at their January meeting. It was then determined that the committee to review Policy I -12 consist of Commissioners Herberts, Konwiser and Compton. Ayes x x x x Nay x Motion passes. Abstain x x Item #16 - Proposed Policy - Park Donations Proposed Policy - _ Commissioner Vandervort reported research was Park Donatior '� done by contacting other cities and the proposed policy, Park Improvement Donations, was formed CITY OF NEWPORT BEACH Motion Ayes Nay arks, Beaches & Recreation Commission Page 11 City Council Chambers 7 p.m. INDEX Status of Capital Improvement Projects for establishing locations for plaques subject to Commission approval. Commissioner Demmer stated she supports the proposed policy since:• it clearly defines where plaques and trees can be located in addition to making the community aware that other amenities can be purchased. She did, however, suggest there be an assessment of the needs for benches, fountains, etc. - Commissioner Vandervort suggested adding "Specific plaque locations on items to be determined by the Parks, Beaches and Recreation commission." Commissioner Konwiser agreed with Commissioner Demmer that a needs assessment is important and recommended adding "The Parks, Beaches and Recreation Commission shall decide how the plaque shall be displayed." Commissioner Taft concurred. Chair Grant recommended "(name)" be inserted following Donated by and Donated for. x Commissioner Konwiser motioned to approve the Park Improvement Donations policy as presented and that under Park Amenities the sentence read ....Donated by " name " or Donated for I name)" ....; and that the second and th d sentences of the last paragraph read "All donations must be approved by the Parks, Beaches and Recreation Commission, including method of displaying the plaque. The Commission shall also consider the need the City may have for the X x x x x x proposed improvement." Motion passes. x IV. PUBLIC COMMENTS V. DISCUSSION ITEMS Item #17 - Status of Capital Improvement Protects Director Whitley reported the conceptual plans \ for Newport Shores Park have been reviewed by the Commission. Since the City does not own all the property, the parcel as proposed is still being Status of Capital Improvement Projects CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Page 12 City Council Chambers 7 p.m. reviewed by several agencies which has slowed the process. Staff recommends developing that portion which the City owns and which has no constraints and requests the Commissions approval to proceed in phases. After Director Whitley presented and explained the two different concepts for the rest of the park, the Commission determined staff should proceed with the-plan for the City owned portion and work with the existing authorities to submit Plan A. Chair Grant asked that the play equipment be reviewed at West Newport and Channel Place Parks since it has deteriorated. Item #18 - Capital Improvement Pronosals 1991 -92 Director Whitley reported staff recommends adding Athletic Field Refurbishment as Item #13 in order to pay back user groups when they refurbish fields, purchase back stops and scoreboards, etc. Director Whitley advised it is anticipated there will be a significant decrease in revenue due to the recession and that the Commission should take this into consideration and only adopt those projects that are absolutely necessary. Costs will be finalized and a report on uses of the Park Facility Improvement Fund will be presented at the January 8 meeting. Commissioner Taft inquired as to the status of Peoples Park and Director Whitley explained the City Council only wants it cleaned up at this time. It will probably go back on the ballot in the future. Commissioner Demmer stated she felt active recreation areas should have priority over pocket parks. Commissioner Herberts questioned if there are enough active fields and Commissioner Compton explained that thus far the youth groups are accommodated, however, adult teams have been turned down. Little League is growing fast and INDEX Capital Improvement Proposals 1991 -92 CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 13 City Council Chambers 7 p.m. INDEX this should also be taken into consideration. Commissioner Herberts requested a report on projected needs of fields and athletic facilities. Both Commissioners Grant and Compton agreed such a report is necessary. Chair Grant passed out the recent report completed on the Lincoln lights. The difference after adjustments is significantly better, however, eventually the homeowners would like the lights replaced. Commissioner Herberts recommended adding groundcover to landscaping on Newport Boulevard from PCH to 16th Street. Director Whitley advised this is owned by Cal Trans, however, the Department has started planting on the slopes and the project will take time. Commissioner Vandervort felt the area near the Arches needs landscaping and Director Whitley advised the bridge will be replaced in January . before any landscaping can take place. Following discussion and clarification on the proposed projects, the Commission determined that Oasis Expansion, Park Facility Improvement Fund, Playground Equipment Replacement Fund and Theatre Arts Center be included with amounts to be determined later. They postponed for further consideration the Mini Park on Balboa Island, Cal Trans East Linear View Park and Newport Shores Park. The remainder of the projects, namely, Harbor View School Field Refurbishment, North Star Beach, Bolsa Avenue Mini Park, Lincoln Soccer Field Lights, Cliff Drive Park, Athletic Field Refurbishment and Mouth of Big Canyon, will be reviewed again at their January meeting. Staff will refine costs on these projects. VI. SPECIAL. URGENT OR LAST MINUTE ITEMS Director Whitley announced the Commission's Joint Meeting with City Council will be at 2:00 P.M. on December 10; the Commission's annual Christmas Dinner will be on December IS at the Five Crowns; 4D CITY OF NEWPORT BEACH AAA Parks, Beaches & Recreation Commission Page 14 City Council Chambers 7 p.m. INDEX and the Commission's January meeting will be held January 8, 1991. VII. ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission adjourned at 11:05 P.M. The agenda for- this meeting was posted on November 28, 1990 at 9:00 A.M. outside the City Hall Administration Building. )b ./ Dottie Flohr, Secretary PARK AND TREE DIVISION Item No. 5 DECEMBER, 1990 PROGRESS REPORT • Our park crews performed the following tasks in additTon•f(5. normal maintenance during the month of December. Oasis Senior Citizen Center - Garden Project 1. Installed a drainage system throughout. 2. Installed a hose bib to each garden plot. 3. Filled cost of the plots with planter mix.. West Newport Park - 58th Street Installed one automated irrigation system between the parking lot and the new Pacific Coast Highway wall in preparation for hydroseeding. San Miguel Park Planted 100 flats of Halls Honeysuckle on the east slopes. Spyglass Hills Park Performed preparation work needed to replant slope area, re -check and repaired irrigation system where needed for best coverage. Corona del Mar Bluff - Inspiration Point • Planted 15 (1 gallon) Acacia redolens, 35 (1 gallon) Myoporum "Pacificum" and 14 flats of Gazanias. Balboa Pier Parking Lot Planters Planted 170 flats of yellow and orange trailing Gazanias. Our Street Tree Division performed the following: Trimmed 964 trees. Planted 0 trees. Removed 49 trees. Root pruned 30 trees. Completed 12 work requests. Areas being trimmed this month: Corona del Mar south of Pacific Coast Highway, Palms on Peninsula and Balboa Island. Trees were removed at the following locations: 1900 Santiago Down 1 -Pear 900 Celtis Commission i -Pear 2020 Port Weybridge Owner 1 -Pear 2701 Windover Commission 1 -Ficus Rubiginosa 1106 White Sails 411 Iris Commission Commission 1 -Ficus 1- Ficus Rubiginosa 112 Via Antibes Dead 1 -Pear 2200 Holiday, Wind 1 -Pine 2412 Francisco Commission 2 -Ficus - 2 - '— Jack Brooks 1� 218 Jasmine Dead 1- Eucalyptus 717 Narcissus Dead 1- Eucalyptus • 607 Iris 638 Cameo Highlands Split Owner 1- Acacia i- Pepper, 4618 Roxbury Owner 2- Pepper 701 Marigold Commission 1- Eucalyptus 329 Poppy Dead 1- Eucalyptus 4633 Dorchester Owner 2- Peppers 436 Goldenrod Dead 1 -Palm 328 Narcissus Leaning 1- Eucalyptus 447 Tustin Dead 1- Eucalyptus 1835 Port Sheffield Comm. -Assn. 1 -Pear 2006 Port Bristol Comm. -Assn. 1 -Pear 2015 Port Bristol Comm. -Assn. 1-?ear 2016 Port Bristol Comm. -Assn. 1 -Pear 1901 Port Bristol Comm. -Assn. 1 -Pear 1901 Port Cardiff :. Cowen. -Assn. 5 -Pears 1700 Port Ashley Comm. -Assn. 1 -Pear 1835 Port Sheffield Comm. =Assn. I -Pear 1830 Port Sheffield Comm. -Assn. 1 -Pear 1945 Port Weybridge Comm. -Assn. 2 -Pears 2015 Port Weybridge Comm. -Assn. 1 -Pear 1812 Port Margate Comm. -Assn. 2 -Pears 1835 Port Margate Comm. -Assn: i -Pear 1731 Port Sterling Comm. -Assn. 1 -Pear 1712 Port Sterling Comm. -Assn. 1 -Pear 1601 Port Sterling, Comm. -Assn. 1 -Pear 3924 Campus Drive Down 1 -Ficus Rubiginosa • 2818 Cassia Down 1- Pepper 2210 Newport Blvd. Down 1- Melaleuca 2110 Newport Blvd. Down 1- Melaleuca '— Jack Brooks 1� • F- 1 U is DIVISION DECEMBER, 1990 PROGRESS REPORT Contract Classes Item No. 6 The winter class registration has just begun but, believe it or not, the spring brochure is already upon us. Information is due January 9. Our Rent -A -Santa program went great guns this year. Santa made a record high 79 visits throughout Newport this year. Youth Sports The City flag football program concluded in early December. Three Newport teams competed in the Orange County Tournament. Two of these teams won their divisions and went on to the Southern California Regional Tournament in Bakersfield. One of these teams, the Newport Heights °A!' Division team, came in a very respectable second place. Registration is now being accepted for the youth basketball program beginning in January. Excursions 135 brave souls in 3 busses were en route to the Rose Parade January 1. A wonderful time was experienced by all. Adult Sports The adult basketball league is scheduled to begin on January 7. 71 teams representing approximately 570 participants will take to the courts this quarter. Softball registration will continue through January 18 with league play beginning the week of February 4. Senior Service December was a busy month at the Oasis Center. 170 seniors were served a traditional turkey dinner on Friday, December 21, and Opera Pacific performed for the Oasis seniors on December 12. We have a new Senior Services Specialist working at the West Newport Community Center. Hopefully, Barbara Finn will give the program a new burst of energy. Barbara is currently working on a needs survey for the West Newport area. 11 • • n Youth Services The holiday drop -in programs are going well. 80 children are making their way down to the Community Youth Center each day and 30 children are dropping in at Mariners Park. The Winter Wonderland event conducted December 8 drew 20 tons of snow and 650 participants. Children took part in a snowman building contest, ornament decorating, snow flake creations and general merriment. The event was capped off by a visit from the big guy himself. Santa gave each of the children (of all ages) candy canes and time for a very personal conference. • , Item No. 1,3 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department DATE: December 20, 1990 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: CAPITAL IMPROVEMENT PROJECT PROPOSALS, FY 1991 -92 The attached represents projects that have been proposed for next fiscal year. The list is in descending order by cost at this point. The Commission should review each project carefully with regard to need and at the January meeting place the projects in a priority listing. This will assist the Public Works Department and the City Manager as they prepare the total City Capital Improvement projects budget for next fiscal year. If there are questions about any of these items or the process, please feel free to call. Ronald A. Whitley 40 1. OASIS EXPANSION $350,000 • Third and final year funding to provide building refurbishment and expansion, new parking lot and garden plots for senior facility. 2. NORTH STAR BEACH $100,00 To provide picnic area and turf play area on portion of facility between Aquatic Center and North Star Lane. 3. BOLSA AVENUE MINI PARK $100,00 To provide playground equipment, landscaping, benches in vacated roadway in Old Newport Boulevard area. 4. LINCOLN SOCCER FIELD LIGHTS $ 65,000 To provide additional lighting at Lincoln Athletic facility for soccer field within jogging path. 5. PARK FACILITY IMPROVEMENT FUND $ 50,000 • Used to provide materials and supplies for a variety of projects performed by our staff construction crew. • 6. PLAYGROUND EQUIPMENT REPLACEMENT FUND $ 50,000 Used to replace playground equipment that is worn or becomes a safety factor. 7. HARBOR VIEW SCHOOL FIELD REFURBISHMENT $ 50,000 Will provide for minor field refurbishment backstops and stairs with railings at Harbor View School. 8. CLIFF DRIVE PARK $ 35,000 Will provide for irrigation materials and plant material to complete Cliff Drive Park. 9. THEATRE ARTS CENTER $ 35,000 Will provide new roof, heater, room remodel and miscellaneous improvements to Theatre Arts Center. MI • LJ • 10. ATHLETIC FIELD COOPERATIVE PROJECTS Will provide funds to cooperatively work with youth groups to renovate athletic fields- 11. MOUTH OF BIG CANYON Will provide a master plan for Mouth of Big Canyon. a3 $ 20.,000 $ 15,000 Item No. 14 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department • DATE: December 27, 1990 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: CITY COUNCIL POLICY I -12, OBSTRUCTION OF VIEWS BY TREES All of you know the history of this policy. The Commission at their last meeting formed a committee of Commissioners Compton, Konwiser and Herberts to review and reword an acceptable policy on the matter. This is attached for Commission action. Since the Tree Committee did not accept the proposed policy, they are submitting an alternate policy which is also attached. If there are any questions, please feel free to call. Ronald A. Whitley I -12 OBSTRUCTION OF VIEWS BY TREES • The purpose of this policy is to identify the importance of views lost to excessive tree growth. The objectives of this policy are to: � a� 1. Preserve and promote the aesthetic and environ- mental benefits provided by trees and the preservation of views of the surrounding locale. Recognize views can be enhanced and framed by properly maintained trees. 2. Preserve, maintain and enhance property values within the City. 3. By example, City will endeavor to maintain all City -owned park property in a manner to maximize public and private view planes. Exceptions can be trees that in themselves enhance either the overall beauty of the area or are included in Preservation of Special Trees (I -9). Definitions to clarify this policy are: 1. Unreasonable Obstruction of View A tree, shrub, hedge or other vegetation should be maintained on public property in the City in such a manner as to not unreasonably obstruct the view from other property. 2. Views "View" means a range of sight including pleasing vistas or prospects or scenes. Views include, but are not limited to, the sight of geologic features, bays, oceans, skylines, bridges and parks. The Tree Committee recommends the following for Policy I -12. PRESERVATION OF VIEWS AND TREES The City will endeavor to continue its tree trimming and maintenance program, as identified in Council Policy I -19, with the timely philosophy in mind that trees greatly benefit the environment, beautify our surroundings and, when properly maintained, serve to enhance and frame views. The City further encourages homeowners associations and individuals to comply with procedures, as identified in their respective CC &R's, with regard to view as they pertain to proper maintenance of trees, shrubs, hedges or other vegetation. The purpose of this policy is to commend those homeowner associations that cooperate with one another in identifying the environmental and aesthetic value of trees combined with views. 40 The objectives of this policy are to: 0 1. Preserve and promote the aesthetic and environmental benefits provided by trees and the enhancement of views. 2. Encourage the proper maintenance of trees, shrubs, hedges, and other vegetation. IN Item No J5 • CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: December 20, 1990 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: FISHING REGULATIONS AT WEST JETTY VIEW PARK RECOMMENDATIONS• Allow fishing at West Jetty View Park, or; Prohibit fishing at West Jetty View Park, or; Limit fishing at West Jetty View Park. DISCUSSION: This matter resulted as the Commission reviewed the Grasso residence encroachment request at West Jetty View Park. To • prohibit fishing would require a recommendation to the City Council to affect a change. By the time the Commission acts on this, an opinion should be received from the City Attorney's office. 0 If there are questions, please call. M 400 CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: December 18, 1990 TO: Robert Burnham, City Attorney FROM: Parks, Beaches and Recreation Director SUBJECT: PROHIBITING FISHING IN WEST JETTY VIEW PARK The Parks, Beaches and Recreation Commission has asked me to place on their agenda of January 8, 1991 an item to consider prohibiting fishing at West Jetty View Park. To familiarize you with this location, it specifically would be adjacent to the Grasso residence at the end of the Peninsula. The attached letter was an opinion solicited by Mr. Grasso on this matter. The City does limit fishing between 10:00 P.M. and 6:00 A.M. from bay piers and street end bulkheads. In addition, beaches and parks close at 11:00 P.M. on the ocean front. What can the Parks, Beaches and Recreation Commission recommend to • the City Council on this subject? Your opinion would be most helpful in formulating a direction for the Commission. If there are questions, please feel free to call. �-i � ISMA • . :1 Article XI of the California Constitution confers on cities the power to make and'enforce within their city limits local police, sanitary and other ordinances and regulations not in f conflict with general laws. This is'generally referred to as the "police power" and generally grants cities the right to regulate any number of activities within their city limits, including such items as building. regulations, zoning, weed abatement, garbage collection and the like. In addition to these powers,:a city has broader powers with respect to property actually owned by it. In general, under municipal law a'city's legislative body has control of 'the city's own property and may forbid the public from using it or entering on it, or may limit access or use in area or time, in any reasonable manner. Under Government Code Section 38300, city officers has the same jurisdiction over the city owned parks as -they have over the remainder of the city. In general, the ability to regulate fish and game is vested in the state, and municipalities do not have the power to regulate in these areas. However, this preemption relates only SAN FRANCISCO PIETTIT & MARTIN WASHINGTON, D.C. 101 CALIFORNIA STREET ATTORNEYS AT LAW =THIRTEENTH STREET.N.W. SAN FRANCISCO, CALIFORNIA 94111 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS WASHINGTON, D.C. 20005 -- FACIIMILEI (A 5) Ya2JE00 <Mal .a.• /000 ' 4695 MACARTHUR COURT FACSIMILE. (202) 637.3690 IS= 637.3aoo LOS ANGELES SUITE 1200 DALLAS 353 SOUTH GRAND AVENUE 600 NORTH PEARL STREET, LB 103 LOS ANGELES, CALIFORNIA 90071 NEWPORT BEACH, CALIFORNIA 92660 DALLAS. TEEAS 75201 FACSIMILE: (213) 626.6706 ' - (2131026.1717 (714) 476 -7676 -;� FACSIMILE- (214) 953•0030 (2u) 953.0109 }. SAN 309E FACSIMILE(714) 476.0117• HONG KONG • {'f 333 W. SANTA CLARA STREET 2816.17 JARDINE HOUSE SAN JOSE. CALIFORNIA 95113 1 CONNAUGHT PLACE -. FACE1MILE11405) 295 -2012 pool 295•32to CENTRAL, HONG KONG . FACSIMILE: 632.5- 61062.2 09.652.5.260361 z October, 4, 1990 Fj :I v p Al Grasso Newport Leasing, Inc. 2943 Pullman Street 1 Santa Ana, California 92705 -5818 Re: Limitations on Your Constitutional Right to Fish Dear Al: - -� I took a brief look at some source materials on the ability - of a city to regulate fishing from a city park. Basically, this can be approached in two ways. First, there is the right of the city, under its police power, to regulate certain activities • within its city limits, and to also regulate activities on its own property. Second, there is the issue of regulation of - hunting and fishing., which is generally a state issue. Article XI of the California Constitution confers on cities the power to make and'enforce within their city limits local police, sanitary and other ordinances and regulations not in f conflict with general laws. This is'generally referred to as the "police power" and generally grants cities the right to regulate any number of activities within their city limits, including such items as building. regulations, zoning, weed abatement, garbage collection and the like. In addition to these powers,:a city has broader powers with respect to property actually owned by it. In general, under municipal law a'city's legislative body has control of 'the city's own property and may forbid the public from using it or entering on it, or may limit access or use in area or time, in any reasonable manner. Under Government Code Section 38300, city officers has the same jurisdiction over the city owned parks as -they have over the remainder of the city. In general, the ability to regulate fish and game is vested in the state, and municipalities do not have the power to regulate in these areas. However, this preemption relates only .W �� - "'PETTIT & MARTIN Al Grasso October 4, 1990 Page 2 to ordinances for the protection of fish and game. For example, a local health ordinance is not invalid merely because it also has the effect of protecting fish and game. In People vs.. Mueller, 8 Cal. App. 3rd 949 (1970), the court held that the City of Redondo Beach could proscribe the placing of bait in a harbor unless the bait is attached to a hook, where the purpose of the ordinance is the prevention of water pollution, and the effect of the ordinance is incidental to regulation of fishing. The court ruled as follows: Appellants argue that the State,Fish and Game Code so fully occupies the field of regulation of fishing as to preempt it to the exclusion of local _legislation. It seems true that the state has preempted the field of regulation of fishing. [Citations :- omitted). That proposition, however, is not determinative of the validity of the challenged ordinance. Preemption by the state of an area of the law does not • preclude local legislation enacted for the public safety which only incidentally effects the preempted area. Protection against pollution equates with protection of the public safety. In a footnote in the case, the court notes as follows: It seems beyond question„ for example, that a municipality is empowered to prohibit fly casting from crowded piers,or docks to protect members of the public from being snagged by a low back cast. .Accordingly, although I wasn't able to find any specific authority on prohibiting fishing, in any areas, it seems clear that the cities have the power to adopt virtually any regulations with respect to city parks so long as they are not in conflict with some area governed by state law. The Mueller case appears to confirm that regulation of fishing is a legitimate exercise of the police power, and is not preempted by state legislation on protection of fish and game. 61q Very truly you�rss0/,] /. Robert J. Ze,pfel RJZ:np /0782Z Item No. 16 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department DATE: December 20, 1990 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: PALM TREE RETENTION REQUEST The attached represents a request from the property owner at 2515 Bamboo Street to retain Queen Palms planted in the parkway. Other residents on Bamboo have expressed a desire to also have Queen Palms in the parkway. A visit to the site would be helpful in making a decision on this matter. If there are questions, please feel free to call. • 0 30 Ronald A. Whitley / EUGENE A. CERKO 2515 BAMBOO STREET / NEWPORT BEACH / CALIFORNIA / 92660 (714) 759 -8506 December 3, 1990 Mr. Jack Brooks CITY OF NEWPORT BEACH P.O. Box 1768 Newport Beach, CA 92659 -1768 Dear Mr. Brooks, • In response to our conversation of last week, I am hereby requesting a meeting with the Parks, Beaches $ Recreation Commission in it entirety, in reference to the palm trees that I have planted in the parkway directly in front of my house at 2515 Bamboo Street. I am including a copy of the approval that the Homeowners Association gave to me to improve the parkway and plant the palm trees that are now there. I have also recently learned that several of my neighbors have requested to plant palm trees in their parkways and they too have been turned down by the Street Tree Committee. After conversing with my neighbors, I have found to date a total of six neighbors that desire to have palm trees just like mine in their parkway. We cannot understand why other 'treets in our neighborhood are allowed to have non - approved palm trees planted in their parkways allowing their landscapes to be improved, while at the same time, the Street Tree Committee disregards my approval and states that I must remove my palm trees. If the difficulty is either with the number of trees, or a concern with their eventual height, both of those areas can be easily addressed. I can remove two of the palm trees to agree exactly with the original plan, and I can also provide • a document stating that when the trees have 35 feet of trunk, I will remove and replace them with smaller trees of the s -ame type. I can't understand why the Tree Committee is 31 Page 2 •, Mr. Jack Brooks December 3, 1990 against the improvement of -Bamboo Street, as well as allowing the planting of trees that will not destroy sewer and water lines and not lift up sidewalks. Hopefully, this can be resolved in a manner where everyone benefits. Sincerely, 4EUGENE�A�CERKO • 0 3�)- r i;u �o �n � b N` �r d �o �n � b m �kv L' 4 m r, r CA�i�xs m 11 Q 18011 Sky Park Circle, Suite L Eastbluff Homeowners Community Association Irvine,.California 92714 (714) 261 -8282 0 August 4, 1989 Eugene Cerko 2515 Bamboo St Newport Beach, CA 92660 Subject: Architectural Change Request Dear Homeowner: ..e Enclosed please find the completed copy of you Architectural Change Request which has been reviewed by the Architectural C.ommittee...__ Your request to has been aaor Please review the attached comments from the Committee and /or Board of Directors. If your request was approved, please be sure to complete the installation exactly as you have reported on the form. If your request was denied, please review the comments for reasons from the Committee and the Board of Directors. You are wel- come to submit another request to the Architectural Committee with necessary . changes for reconsideration of your request. You also have the right to appeal to the Board if you wish to do so. Please be sure you obtain proper building permits for any structural additions, as required by the County of Orange. The individual /company you contract to complete the installations will be able to secure the necessary permit for you. Should.you have any questions, or if I can be of any assistance to you, please do not'hesitate to contact this office. On behalf of the Board of Directors, . Laurie Shrader Agent cc: Board of Directors files enclosure (s) r.� CITY. OF NEWPORT, BEACH PARK, BEACHES AND RECREATION DEPARTMENT P.U. BOX 1768. NEWPORT BEACH, CA 92658 -8915 (714)644 -3151 August 15, 1990 Mr.-Eugene A. Cerko 2515 Bamboo, St. •• Newport Beach, CA. 92660 Dear Mr. Cerko: The Street Tree Committee has reviewed your planting of Queen Palm at'your home. They feel that palm trees on Bamboo St. is not-in keeping with street scape..and want them removed. The Municipal Code for jurisdiction and authority for plantings in the parkway (13.08.010) give this Department the responsibility to have the trees•removed: We art•-requesting that you remove the palm trees and • plant one or two Podocarpus Gracillion trees in the planters. The remaining planters may planted with low- growing shrubs or flowers.. If you have any questions regarding this matter, please give me a call at (714) 644 -3162. Sincerely, Jack Brooks Brooks Superintendent PARK & TREE MAINTENANCE cc: Ronald Whitley .Virginia Herberts Total-Property Management 0 W, 3300 Newport Boulevard, Newport Beach f. Pr rcnrvul v,...vrvv , {•';l:F IfCa. r:g :i •. TJ .., .. �.,.. ;. .f.e.,:u '. .., � .,v.. ,. ..,! .,�y ,l:i J:ivS lir . White - Permit cJ rV /C/ `7 Pink - Temporary 'Yellow - 'Applicant OHIce Copy , arM r, • Permit # EP- - 0'� —,}.- =tea - Amount Fee aldt _nvnvs;.�.�.......>,.+ "' (Please typo nt Press herd - making 3 copies.) Receipt t/ -.Sew -- - awer Fee Receipt #—v' APPLICATIONFOR:"O -CURS CUT ' " "'" "'" " "" ❑•SEWER CONNECTION (CHECK ONE)' %..1] STREET EXCAVATION 0 WATER CONNECTION 'Water-Fee Receipt # ' ' :O`UNDERGROUNDUTILITY- OTHER— G , OV M•BO, �— ADDRESS OF _ NA APPLICANT'S ME • ADDRESS ' Phone . , GO, E A. 12Ko OWNER'S NAME .w1"; ^14.•r,•' "...,, ADDRESS ;,cn +: •t•101•neJU /,.r lo• ••,r••. ,•• s%` Phone c...•L.: :•,. dr:',i::i,mlaq inom;i: eini . ;:•, �I.ICsiEtU� �. C�IeO 2-S` /SOr ... ,-c:'.,i;l:unrah:vc,:ioebr.r., CONTRACTOR'S NAME,,:: :.. ADDRESS..,,:_,..,., r: °..: ,. :• ' r-, vOHice'Phorie : " rna •' •'• 10 i:f�f /4:M v1'u:jl ,'t,J l� •.::: ••,•'r.rr ..'A{��•Q !1 L rl��, :.. r. w1-f,:s: 6t It e �� Zr/ S YNiy ( D.: �•S% '' .. • ";Job'S1te Phone ^coon . CONTRACTOR'SCITY BUSINESS LICENSE NO.',. '°STATE LICENSE NO.-', S The applican ereby,makes.applicaU n to , t ° c 'c 125( to A C :v: �Nt.. g ,•r (See attached plans) WORKERS' COMPENSATION INSURANCE (Requlred,by Section 3800 of ..., r.Cod • : `nMJ rd Iwric r:+rr* Applicant has furnished to the City a certificate of workers' compensation Insurance issued'by an admitted Insurer and ❑ conforming to Section 3800 of the Labor Code; or an exact copy thereof certified by the Insurer: The insuran a certificate shows the it ' n at ' f the polic : If the p cy lapses or is c c I d, this per I shall be deemed to _!. d. �. _ .., �i X ; , , ,;;,, ;,L .:; r :. ' / � , Insurer' • Polity o. ' ` ' t' ') ?xpiration Dete' � T s and c itions of this permit are printed on both sides of this form. Applicant hereby acknowledges that he has d and undo tan s aald ter conditions, and that he agrees to ablde'by the o. It. oin °= W(App^ lIZ s Signature) T —.: (Date) •,; • , : »_ ».._.... » »_...._ ..... »....... »._. ».... »... »_.» SPACE BELOW THIS LINE FOR OFFICE USE ..._...... ».:.:__ ......: __...___._.. »_._._. DEPARTMENT.-,.. APPROVAL REQUIRED .. '•DATE y., ... , SIGNATURE - TITLE:; _'• vr•� SPECIAL CONDITIONS OF APPROVAL REQUIRED BY, CITY: / :I• �. /A, •� ..e!, ...,.. .. . , ..., •.., . , r ,l.i .;u ln,• •' . , . • ,i: , ... . cur:. • .•.n n3fYfrrJ •,.r PERMIT ISSUED BY: ATEISSUED:'.A' EXPIRATIONDATEOFPERMIT: '• ° ^' °' �A• IIT !•r \IIL•11 n • __ _ rcnrvul v,...vrvv , {•';l:F IfCa. r:g :i •. TJ .., .. �.,.. ;. .f.e.,:u '. .., � .,v.. ,. ..,! .,�y ,l:i J:ivS lir . White - Permit cJ rV /C/ `7 Pink - Temporary 'Yellow - 'Applicant OHIce Copy , arM r, EUGENE A. CERKO BAMBOO-STREET / NEWPORT BEACH/ CALIFORNIA /92660 August 29, 1990•, Mr.. Jack Brooks (714) '759 -8506 CITY OF NBWPORT BEACH Parks, Beaches $ Recreation Dept. P.O. Box 1768 Newport Beach, CA 92658 -8915 Wear Mr. Brook's, In reference to'our conversation of several days ago regarding your letter of August 15, 19901 I am confident that a compromise can be reached. I have included the approval letter and plan from the homeowners association illustrating that the approval for two palm frees directly in front of the house with one on.the other side of the driveway has been given. Verbal approval had been given for the increased number of palms, but if the city feels that I should amend the present situation by lowering the number of palm trees to what is called out in the,approved plan, I will comply. • In talking to several of,my neighbors, the palm trees are a desired street scape. Many of the people on Bamboo Street have stated that it is a refreshing addition to the street.' The palm trees are certainly in keeping with the overall development scheme of Newport Beach and will most definitely add a great degree of appreciation to our homes. I would also like to-point out that several days ago.on the channel'that monitors Newport Beach City Council meetings, there was a gentleman before the council demanding the removal of'sev,eral of the very type Qf•trees that the committee is recommending that I plant. The reason was Oquite simple - -sewer lines, water lines and,sidewalks were being destroyed by the overpowering roots. The City Council- (7i4)'759-8506, ouncil• 31 f ick Brooks t 29, 1990 agreed.to pay'to have the trees removed along with any damages that have been caused. I believe•that this decision of the Council, as•well'as zero maintenance, is,• justification enough for the palm trees according to the- plan to remain. My final point, as I had mentioned in our conversation, is one of discrimination. There are numerous other locations throughout,my neighborhood,that already have palm trees in the parkway. One of the most obvious places is along Eastbluff Drive. I also have pictures of residences all around my area that have planted palm trees in the parkway; both recently and some time ago. I can'see no reason why others should be allowed to enjoy the added value and architectural improvement that the palm trees will bring and I not be, allowed to•reap similar benefits. -For me to have to suffer damages while merely wanting to improve my property at my expense just the same as others have, is not only unfair but is also uncalled for. Sincerely, J (�O EUGENE A. CERKO X u 0 . �X t.,) ­.j R W;� C B EAC 11 00 P om..-P. .;.ITTY- OFNEW PARKS: BEACHES AND RECREATION DEPARTMENT 1 -P.O. BOX 1768,' NEWPORT BEACH, CA' 92659-'l 768 (714) t"64-3162' 0 2515 Bamboo Street -Newport'Beach, Calif., 9�2660 Your request for tree removal has been reviewed by the Street Tree Committee and has.been Not applicable Sincerely, Jack Brooks Park and Street Tree Superintendent Comments: The Street Tree Committee "decision -rem'ains'th6 same as explained in my letter of August 15.. 1990. 'Remove . 1 91, 1 1 U , - . vWW1 es troy any: ..,tree growing upon any.publ c'park,.beach.or playground,.,or the: grounds.of an'y*public-building 'or a publiC-sireet•right-9f-w4y;' y without written, permission of - ihe. city Manage•.,':.' 0 CA: I all fi a''(5) Palms and replace with 2-Podacarp us Graci3li,on _trees. 14 :City Ordinance.f$.08.W Tampering:With''Planting Prohibited: '. .1 * . .1 No person shall 'trim cut down dama a m^ A 1 91, 1 1 U , - . vWW1 es troy any: ..,tree growing upon any.publ c'park,.beach.or playground,.,or the: grounds.of an'y*public-building 'or a publiC-sireet•right-9f-w4y;' y without written, permission of - ihe. city Manage•.,':.' 0 CA: I • • Cheryl A. Collins Certified Public Accountant December 6, 1990 City of Newport P.O. Box 1768 - Newport Beach, Beach CA 92659 -1768 Regarding-: Eastbluff Easement Planting Attention: Mr. Jack Brooks and Tree Committee- -Dear Mr. Brooks and Committee: (714) 721 -9533 2521 Bamboo Street Newport Beach, CA 92660 I was very disappointed- to receive notificatioh that the City would not allow us to plant palm trees on our property in the City easement area. The trees that are permitted in our parkway area are very- undesirable. In fact, one of those permitted trees was planted in our parkway and we had to remove it at our own cost to prevent further damage to the sidewalk and curb from the root system. If you would look at the recommended trees - that are planted on the streets in Eastbluff you will find they are messy; have root systems that damage sidewalks; and -have no apparent redeeming qualities. - As homeowners we maintain our property up to the highest possible standards and would like everyone within our community to-do the same. That is why we do not understand the position the City has taken in this matter. If we were to .put palm trees in our parkway they would create a desirable effect in keeping with the tropical landscaping in the surrounding community.- In fact, right behind our home, on Eastbluff drive, in the parkway the City has planted palm trees that we enjoy. If I could see the logic in your decision, L would feel -as though the, City is not just saying no to our request based on the personal whim of a few individuals. As it stands I feel that no one has a good reason why we should not have palm trees in our parkway. I have heard rumor that the reason for your decision is that two individuals on our Eastbluff Homeowners Association Board do not like palm trees and have in some way influenced your decision. I certainly hope this 'rumor is unfounded. The - Homeowners Association has never contacted the residents in this community to decide if we should allow palm trees or not. We have talked to many homeowners 'on our, street who would also like palm trees .planted and feel this would add, value to our property.- Don't .-be fooled by someone's title as a Board Member, of the Homeowner's .-Association. That person or persons are simply reflecting their own personal opinion ql 0 and have no right to infer that they represent anyone other than themselves. I have also heard that the height of palm trees is a concern. Again, I cannot understand this concern due to the fact that it is very easy to impose a height limitation on any tree in the parkway. I agree that no one in our community has a right to allow their landscaping to infringe upon the property or view of the other homeowners within the community. We intend to plant small palm trees that may reach 30 feet in height sometime within the next 20 years. At that time we would be willing to update to smaller trees. The original tree that was planted in our parkway would have grown to this same height or taller, as will the other recommended trees on your list. I simply feel that as a homeowner within the City I am entitled to a logical reason for being denied the privilege of landscaping my own property in the way I desire. Ze r ely, y A. Collins 4 I Item No. 1,7 • CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: December 20, 1990 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: CIRCULATION AND OPEN SPACE AGREEMENT Attached are all reports concerning the process that has resulted in a circulation and open space between the City and The Irvine Company. We have reached a point where the Parks, Beaches and Recreation Commission and public input is necessary to enable the City Council to further the process. The Commission will have two months or so to answer and make recommendations listed in the City Manager's memo dated December 11, 1990. In addition, I have listed financing options as: Benefit Assessment Districts: Taxes are levied on individual parcels of property that benefit from the improvements that will be • made. Landscape and Lighting Assessment Districts: Forming assessment districts to finance improvements such as landscaping, public lighting facilities, maintenance facilities, and parks and recreational improvements, including equipment, public restrooms, and maintenance. Mello -Roos Assessment Districts: Levying a special tax to fund the capital costs of a wide variety of public improvements and the on- going operational and maintenance costs of a limited number of public services, including parks. Community Rehabilitation Districts: Financing the rehabilitation of public capital facilities, including recreational facilities. Facilities Benefit Assessment Districts: Financing for public improvements, including land purchase and park construction. Certificates of Participation: Interests in a lease between the City and a lessor, who may be a non - profit or for - profit private leasing corporation or another public agency. Ouimbv Act: Requires developers of residential subdivisions to provide land or in -lieu fees for park and recreation purposes, as a condition to the approval of a tentative map or parcel map, with • no provisions for operations and maintenance. Revenues received in lieu of land dedication may be used only for developing new or Fella rehabilitating existing park or recreational facilities to serve • the subdivisions. Municipal Lease /Purchase Financing: An alternative to conventional bond financing, providing installment sale or lease purchase contract with the principal and tax -free interest payable over time. Taxable Municipal Bonds General Obligation Bonds: A type of government bond secured by the full faith and credit of a state or local government with the power to tax, requiring an increase in local taxes to finance the bond issue. Can be used only to acquire and improve real property. Limited Obligation Bonds: A bond issue secured by a specified amount of existing revenues received from a local source, including property or sales taxes, and not calling for any increase in local taxes. Privatization: The actual selling off or leasing out of formerly public enterprises to the private sector to operate on a profit making basis. May also mean a public - private partnership with synergistic benefits. School /City Cooperation: The shared use, construction and • maintenance of school /community facilities; collective purchase of fuel and office supplies; and the provisions of a California law (Naylor Act) where public recreation agencies are able to purchase excess school site property for less than market value. n LJ Parks and Recreation Foundation: A non - profit organization set up to raise funds and accept private donations. oaie o= yuzsLanaing communiLV Development Block Grant Loans: The proceeds from sales can be used for legitimate economic development purposes. Parcel Tax: Applied to properties on a non ad valorem basis. We will have the opportunity to review development concepts and physically visit the specific sights in the future to assist the Commission in making recommendations on this matter. And, if there are questions, please -feel free to call. i.,� /�i, Ronald A. Whitle • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER December 11, 1990 M. RON WHITLEY FROM: City Manager SUBJECT: CIRCULATION AND OPEN SPACE AGREEMENT Attached is a copy of the staff report outlining the schedule or time line for the development of a circulation, and open space agreement between the City and The Irvine Company. Additionally, I believe you have a complete copy of the staff report on this same subject dated November 26, 1990. If not, you should obtain a copy of the memo. It is recommended that your Commission: 1. Review the conceptual layout of the remaining TIC parcels. 2. Determine the desirability and adequacy of the proposed 112 acre dedication to the City. • 3. Determine if additional park and open space land is required, and 4. Determine the financial method, i.e. bond issue, assessment district, and /or conservancy bond, to be used to acquire the additional land. Your Commission's input in this project is considered essential inasmuch as one of the advantages to the City in this proposal is the acquisition of 112 acres of park and open space land. The Commission should determine how this acreage is to be used in terms of passive or active recreational programs, and the desirability of implementing this circulation and open space concept. Members of the Planning staff and /or TIC will be available to you and the Commission for briefing purposes. It is hoped that your Commission can submit to the City Council by April or May of 1991 their recommendations on the proposal. ROBERT L. WYNN RLW:kf cc: J. Hewicker B. Nolan P. Smith - The Irvine Company • CITY OF NEWPORT BEACH MEMO TO:' City Council FROM: Planning Department SUBJECT: Processing Schedule for Circulation and Open Space Agreement Background At the Study Session of November 26, 1990, the City Council received a report on the activities of the Circulation Buildout Ad Hoc Council Committee. This follow -up report describes the processing of the proposed Circulation and Open Space Agreement. Discussion Attached to this report is timeline chart which outlines the processing of the agreement. Each item is described in this report. 1. City Council initiation of process: The result of the two study sessions on the Circulation and Open Space Agreement form the authorization to staff to commence processing the agreement. 2. Prepare Agreement Document. • Four to five months has been estimated for • preparation of the agreement documents. The agreement will set forth the specifics of the authorized development, the dedication of open space, the roadway improvement program, and the financing of road improvements. 3. Site Plan/P.C. Text Preparation: Concurrent with drafting the agreement, site plans for the various parcels and the Planned Community (zoning) Texts will be prepared. These documents will become attachments to the agreement, illustrating the development constraints for the various Irvine Company properties. 4. City selection of EIR Consultant: A Request for Proposals (RFP) will be prepared and circulated to environmental consultants on the City's approved consultant list. The City will select the consultant based on ability to perform the work program in the most complete, expeditious and cost effective manner. 5. Publish EIR Notice of Preparation: The California Environmental Quality Act (CEQA) sets for the specific procedures for the preparation of EIR's. The Notice of Preparation is the formal initiation of the environmental review process. The thirty day time frame is mandated by CEQA. 6. P,B & R Commission Review: Since a significant amount of open space is proposed to be dedicated to the City, early review of the program by the P,B & R Commission is proposed. This will allow for discussion of the proposal relative to the provisions of the Recreation and Open Space Element of the General Plan, the best use of the open spaces to be dedicated, and the budgetary requirements for the development 111 TO: City Council - 2. • and long term maintenance and operation of the open space areas. Additionally, the Commission will review in terms of adequacy and desirablity the ± 112 acres being dedicated to the City. The Commission shall recommend whether the 112 acres should be accepted by the City, and furthermore, if the 112 acres, is sufficient. If additional land for park or open space is considered necessary, the Commission shall recommend the amount and location of additional acreage and .recommend means for acquiring said acres, such as a bond issue, assessment district, conservancy funds, etc. 7. Prepare Environmental Documents. Four months has been allowed for the preparation of the Environmental Impact Report. The document will be a full scope Program EIR analyzing the development of all sites and will include the TPO analysis for the program. Some sites may be subject to subsequent supplemental environmental documents when approval of tract maps is requested. 8. EIR Screen Check Review. Six weeks has been allocated for staff review of the document and publication of the draft EIR. 9. 45 Day Public Review of EIR CEQA provides for the length of public review of the draft EIR. 10. Planning Commission Hearings. The time line shows two hearing to be held by the • Planning Commission on the EIR, Agreement and P -C Texts and site plans. 11. City Council Hearing. The time line shows three hearings by the City Council. 12. Coastal Commission Review. Three months has been allocated for the review of the program by the California Coastal Commission. This schedule is considered by staff to be achievable but optimistic. It is important to note that the estimated 16 month processing schedule will allow for the City Council and interested community groups to pursue options which may allow for acquisition of entire sites for open space purposes. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Patricia L. Temple Advance Planning Manager • Attachments: Exhibits on Circulation and Open Space Agreement Processing 6 Schedule and Open Space Acreage Information PLT.CC\C&OSA.SR3 LLI A °' LAJ LLI oi LLI C) W CD a, �o o o �o C) C:) O M LLI Cf) rl CD 00 2M ui uj 41 00 C) CD a, �o C:) �o C) C:) O M 41 00 C) CD a, �o C:) �o C) C:) M Cf) rl 00 Cfi C4 O C) C> CA N cq CD (D O cq C) IT N m CT W) O %0 cq ci C:) C) 00 r-4 t--: r, en tn kn 00 �o cq C5 cli to 00 m tn tn N N 0 A c CD 9) C) C:) C,4 cr) C) (D 00 tn CD T� cli CD ;jd o CD v) tr) 00 (:R), �o C:) Qi U 06 (D (D 0 CU cd, 0 z b 0 0 1-4 0 00 0 a F IQ Z w U w Z. Z Ell( M—ul lw 4, 10 lz lw I 0 0 • Av F- Z W 2 W W x C9 W a U LU U W rn � y 0) 0 CY Do.Zm a0�n� �w ZQUz z0 O p. g U w U 0 • Av .......................... � a m w LL T Q V W Q 6 Z' O• • • • • • • • • • • • • • • • IL w to Cq . . . . . . . . . .. . . . . . . . . . . . . . . . . Q .J . . . . . . . . . . . . . . . . . Z . . . . . . . . . . . . . . . . . . i t� . . . . . . . . CL M a... .......... .............' a ............... m w LL w U, > ......................... 00 Z ...•• ........................ 0 CL ° c c o .+ o aci oD m c Z. E ca f. d m a o cc CL o c d m a Z > �G _a 0 a. a - Y� N y N co W m w d c, E ' > C E G C ..� O E o o E U o E d S y 4 °� ¢ e c a 0 rn o rn a m E @ m W W d m E c a ¢ ec c Q U U m a. N N o c U a1 rn O• O otj °• ¢ V C O OC w [L N U¢ a to U o 0 m 4 m IL w V m 2 w U w o U 2 r N co X11 In O n c0 O O r N i- Z � City Council Meeting November 26. 1990 . Study Session Agenda Item No. 7 CITY OF NEWPORT BEACH TO: City Council FROM: City Council Circulation Ad Hoc Committee SUBJECT: Circulation Improvement and Open Space Agreement Report regarding the activities of the City Council Circulation Buildout Ad Hoc Committee. Background On November 27, 1989, the City Council established a City Council Circulation Buildout Ad Hoc Committee. The committee consists of Mayor Plummer and Council Members Turner and Watt. This committee has met for the ,past year with members of City staff and representatives of The Irvine Company to develop a financing mechanism for the completion • of major components of the City's Master Plan of Streets and Highways. The charge of the committee also included development of a plan to entitle vacant parcels owned by The Irvine Company consistent with the existing allocation contained in the General Plan. Discussion During the course of these meetings of the Council.Ad Hoc Committee, a, set of circulation system improvements was developed. The improvements identified were those most important to the ultimate buildout of the City which could, be reasonably related to the development on properties owned by The Irvine Company. Additionally, conceptual site plans were developed for several of the vacant Irvine Company sites. The attached drawing shows the sites and the circulation system improvements. These sites, and the proposed entitlement, open space proposed by The Irvine Company, and the combined Park Dedication Ordinance (PDO) and General Plan (GP) open space are listed on the following page: 0 �1 .� TO: City Council - 2. PROPOSED • PROPERTY GENERAL PLAN ENTITLEMENT OPEN SPACE PDO +GP A -San Diego Creek'South'­ "Residential -3­0b D.U. 7.9 A 3.38 A B San Diego Creek North Office - 112,000 S.F. 7.5 A - 0 - C Jamboree /MacArthur Office - 50,000 S.F. - 0 - -0- D Upper Castaways Residential - 151 D.U. 28.6 A 21.2 A 11 E Bay View Landing Restaurant - 10,000 S.F. or 12.0 A 12.0 A Health Club - 40,000 S.F. F Newporter North Residential - 212 S.F. 37.2 A 32.2 A 6 G Block 800 Residential - 245 D.U. - 0 - 2.76 A (0 H Corporate Plaza West Office - 94,000 S.F. - 0 - - 0 - I Freeway Reservation Residential - 76 D.U. 6.8 A 0.86 A • J Newporter Knoll Open Space 12.0 A 12.0 A K Newporter Resort Hotel - 86 ROOMS - 0 - - 0 - (68;000 S.F.) TOTAL 112.0 A 84.4 A The proposed Circulation System Improvement Program is attached. This list of projects shows a program that is related to the sites that are to be developed. The Irvine Company has offered to provide $20.6 million to construct these or any other circulation system improvements that the City believes are necessary to be constructed. In addition to the $20.6 million, the company has agreed to provide at least 6 lanes on MacArthur Boulevard in the City of Irvine, northerly of Ford Road. The City may, at its option, shift priorities and use these funds to construct any circulation system improvement needed. The completion of the City's circulation system will be financed through public sources (gas tax, FAHFP, FAU, sales tax), private funding (frontage improvements) and the fair share fee program (developer contributions). The fair share fee program is set up to collect funds from developers over the next 20 years. These funds are collected as projects are developed and normally do not provide large sums during any one year. 0 0 • • Item No,18 CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: December 20, 1990 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: CAPITAL IMPROVEMENT PROJECTS, 1990 -91 CARRIED OVER Restrooms - CYC, Eastbluff - Out to public bid. Field Renovation - CYC - Out to public bid. Little Corona - Construction contract nearing completion. 1990 -91 Cliff Drive Park Design Newport Shores Park Oasis Expansion Channel Place Park Basketball Court Playground Equipment Replacement • S) $ 15,000 - Stair rails being installed, budget 1991 -92 to complete project $150,000 - Consultant preparing plans and specifil --. cations $500,000 - Plans and specs being prepared $ 15,000 - Construction to be done in January $ 35,000 - Las Arenas equipment purchased ` CIRCULATION SYSTEM IMPROVEMENT PROGRAM COST ESTIMATES (November 20, 1990) • 18 SHORT TERM PROJECT (1 -5 YEARS) Project L MacArthur Boulevard a. Coast Hwy. to San Joaquin Hill Road b. San Joaquin Hills Road to Ford Rd. 2. Santa Cruz /San Clemente Signal 3. Dover Dr: Cliff Dr. to Westcliff Fronting '$1,470,000 " 2,500,000 130,000 600,000 4. Jamboree Road adjacent to Newporter 300,000 North 5. Jamboree Road /Ford Road Intersection 6. San Diego Creek South Frontage Improvements 7. Rt. 55/73 Missing Ramps; 259o' City Share 8. Westcliff /Irvine /17th Street Inter- section (50 %)� 9. CoastHwy./Riverside/Tustin (25% Share) Short Tenn Subtotal LONG TERM PROJECTS (5 YEARS PLUS) 10. Jamboree /Bison Intersection 11. San Joaquin Hills Rd. /San Miguel Dr. Intersection 12. San Diego Creek North/Bayview Extension Long Term Subtotal TOTAL Total Fronting and Non - Fronting _ Estimated Fairshare Fee GRAND TOTAL 400,000 * $5,400,000 $1,100,000 1100 000 *$6,500;00 Non - Fronting $1,100,000 5,000,000 1,000,000 100,000 600,000 250,000 500,000 $8,550,000 $ 500,000 35,000 1,415,000 1950 000 $10,500,000 $17,000,000 3.600.000 L20,600$000 * These estimates were made by City staff and are greater than thc�estimates by T.I.C. staff. The final cost estimates will be determined at a later date when.more information is available. -' TO: City Council - 3. The Irvine Company's offer, if accepted, will provide the City with the ability to construct • a large project, such as the widening of MacArthur Boulevard, in the near future prior to the accumulation of fair share funds. The company's offer of $20.6 million provides for the construction of frontage improvements estimated to cost from $4,777,000 to $6,500,000, and for the advance payment of the fair share fees for all of their sites to be developed. This would provide $8,377,000 to $10,100,000 for circulation system improvements directly related to the sites proposed for development. The company has then offered to advance funds to the City equal to the difference between $20.6 million and the frontage improvements plus fair share fee. The amount of the advance is estimated to be from $10,500,000 to $12,233,000. The City is to repay the advance over the next 20 years from 50% of the fair share fees that are collected. Any portion of the advance not repaid to the company in 20 years would be forgiven. The proposed circulation program is an opportunity to construct major improvements in the near future that might otherwise have been delayed for 5 to 10 years. The contents of this memo will be explained verbally in greater detail at the study session. It is then proposed that an agreement be drafted containing the details of the concept outlined in this status report. When the agreement is prepared, it will be presented during a regular Council meeting for formal review and action. Respectfully submitted, S PUBLIC WORKS DEPARTMENT BENJAMIN NOLAN, Director By Do City Engineer and PLANNING DEPARTMENT JAMES D. HEWICKER, Director Patricia L. Temple Advance Planning Manager Attachments: Circulation System Improvement Program Cost Estimates. Drawing showing sites and circulation system improvements. • PLI� ... CC\RI &OSA.SR1 SI gANCE A ADAIR RICHARD J. ALBRLCHT MARC ALEXANDER GREGO A AMBER DAVID O. SARATTI ROGER E. BORO CYNTHIA WOLFF BROMMER OEOROE S. BURNS DIANE R CAREY JOHN B. CARMICHAEL 9[ MARY K. CARRINGTON DAVID L. COLGAN MICHAEL A. CORNELD JAMES R. DEMARCO STEVEN J. DLIDA MARGARET A. FAINER EDWARO A. GALLOWAY ROGER S. ORELNE JAKO8 S. HARLE F SCOTT JACKSON MCKITTRICK, WILLARD V. JONES RONALD J. NOHUT IRA O. LEBOVIC BARBARA E. LICHMAN PAUL E. LIGUORI JOHN K. LOPKLR MICHAEL 0 MCCAFFREY W. ERNEST MOONEY ROBERT B. MOORE JAMES B. O'NEAL THOMAS O. PCCKLNPAUGH JOHN PETRASICH JAMES L ROSS JEFFREY S. ROSS CATHERINE A SCHUTT RUBEN A. SMITH JAY R. STEINMAN JAMES D. WHITE HELEN. M....ULAK Item No. 19 JACKSON, DEMARCO & PECKENPAUGH A LAW CORPORATION 4041 MACARTHUR BOULEVARD POST OFFICE BOX 2710 NEWPORT BEACH, CALIFORNIA 926SS -6995 (714) 782 -65Bs December 10, 1990 Dept. of Parks, Beaches & Recreation Commission Post Office Box 1768 Newport Beach, California 92658 -8915 Attn: Mr. Ronald A. Whitley Ladies and Gentlemen: REX A. MCIUTTRICN STEPHANIE E. ALLEN TELECOPIER (714) 7$2 -0597 TELEX' 494 -3332 MJDPI WRITER'S DIRECT DIAL NUMBER' OUR FILE NUMBER' 00035 Barbara and I and our neighbors on Ocean Boulevard, wish to thank you very much for the wonderful scene you have created on the bluff top park areas adjacent to the pathways to Big Corona and Little Corona beaches. Your refurbishing and relandscaping work has transformed the area from an embarrassing eyesore to a very pleasing scene of which we can all be proud. Since so many visitors to our area make a pilgrimage along Ocean Boulevard, it is fitting that our City present itself as handsomely as it now does. Thank you for all your efforts to make this beautification project a reality. Sincerely, —ZA—Ev 12eAll�w Thomas D. Peckenpaugh TDP:jav cc: Mr. Robert Wynn, City Manager 5y