Loading...
HomeMy WebLinkAbout01/07/1992 - PB&R CommissionItem No. 3 CITY OF NEWPORT BEACH Motion Ayes 2 arks, Beaches & Recreation Commission January 7, 1992 City Council Chambers 7 n m INI'1GY Ex- Officio Member Present: Ronald A. Whitley Staff Present: Nancy Beard, Recreation Superintendent Jack Brooks., Park and Tree Mainten- ance Super- intendent Dottie Flohr. Secretary I. PROCEDURAL MATTERS Item #1 - Call to Order Call to Order The meeting of the Parks, Beaches and Recreation Commission was called to order at 7:00 P.M. Item #2 - Roll Call Roll Call Roll call was taken. Commissioners Compton, Demmer, Glasgow, Grant, Herberts, Konwiser and Vandervort were present. _Item #3 - Approval of Minutes - Meeting of Approval o- December 3, 1991 Minutes x Commissioner Glasgow motioned the minutes be x x x x x x x approved as presented. Unanimous. Item 44 - Adoption of Agenda Adoption o' Agenda Commissioner Herberts motioned to adopt the agenda as presented with the addition of Upper Newport Bay Regional Park to be addressed under Item #16. Unanimous. II. PUBLIC COMMENTS III. ACTION ITEMS Item #5 - Tree Removal Appeal - 1.565 Miramar Tree > Item #5 was addressed following Item #16. Removal Appeal Chair Vandervort turned the meeting over to CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 2 City Council Chambers 7 p.m. INDEX ti. F Commissioner Herberts, Chair of the Tree Committee, who reported the committee and staff agreed to retain the tree and help the owner with his problems. The tree is one of five mature trees which has been root pruned and the sidewalk has been in good condition since 1986. The committee also agreed that the owner's sewer problem is not applicable since it is in the alley and not located close to the tree. Director Whitley reported Jack Brooks and he visited the site and found the root structure to be 6" - 1' above grade, which could put the City in a potentially liable situation. In response to a question from Commissioner Glasgow, Director Whitley advised there have been lawsuits resulting from situations similar to } this one. Commissioner Herberts also advised that it had been many years since there has been a claim against the City for that situation. Director Whitley agreed that this was true. Commissioner Demmer inquired if the roots could be repaired and Jack Brooks explained that they cannot take out surface roots. Motion x Commissioner Grant motioned to table public Ayes x x x x x x x testimony on this item until those people wanting to address this subject are present. Unanimous. Public testimony was heard following Item #8. Mr. Arthur Takemoto, 1565 Miramar, addressed the Commission and requested removal and replacement of the Ficus Nitida. He reported the tree roots are causing the sidewalk and the wall along his house to buckle in addition to clogging up his water pipes. Commissioner Konwiser questioned if the bills submitted related to the subject tree since the sewer goes down the alley in the back of his house. Kay Mortenson, 1530 Miramar, addressed the Commission and reported her property is across the street from 1565 Miramar. Ms. Mortenson stated she purchased her property in 1977 and CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 3 'City Council Chambers 7 p.m. INDEX that the subject wall was badly cracked at that time. She further explained that root pruning and sidewalk repair was done in 1986, and the sidewalk has remained level since that time. Ms. Mortenson also compared her maintenance costs with those submitted by Mr. Takemoto and felt them to be within reason. She pointed out that the sewers are 130' away from the tree and go down the alley in back of the house. Ms. Mortenson explained that her main concern is the City's liability and this should be the only reason for tree removal. She urged that the 5 mature trees remaining on the block be retained, protected and maintained. Since the brick has sunk and is uneven in front of Mr. Takemoto's house, she suggested removing it and installing a planter type box around the tree to minimize fear of a lawsuit. Aiko Kriz, 1565 Miramar, addressed the Commission and pointed out the crack in their wall is getting wider each year due to the tree roots which have been spreading. She also observed a skateboarder hitting the surface roots which could have proved harmful. John Hedges, 2134 Miramar, addressed the Commission. Mr. Hedges questioned why an owner would want a mature tree removed unless it were causing damage. He acknowledged the damage caused to the block wall and that the sidewalk was repaired due to the tree roots, however, he questioned the source of the plumbing problems. He stated he would support a new tree that does not cause as much damage as the Ficus. Commissioner Konwiser reported he felt the block wall is not pertinent to the issue since it is already destroyed. Although he had observed some root exposure, he recommended that the tree be retained. Commissioner Grant agreed with Commissioner Konwiser that / the homeowner needs to build a new wall and pointed out that the Building Codes have changed since this wall was built. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 4 City Council Chambers 7 p.m. INDEX w Commissioner Compton also agreed that the wall and plumbing problem are not the issue, however, he noted that the roots are 18" above the sidewalk and the tree has used up all its space and should be removed. Commissioner Demmer commented on the beauty of the tree and felt that the tree should be retained if the walk and curb are safe. Motion x Commissioner Herberts moved to retain the tree at Ayes x x x x y 1565 Miramar. Motion passes. Nays x x Chair Vandervort explained to Mr. Takemoto he has the right to appeal the Commission's decision to the City Council. Item 06 - Tree Removal Appeal 1101 Essex Lane Tree Commissioner Commissioner Herberts reported the Tree Committee Removal Appeal and staff recommended the tree be retained and that root barriers be installed next to the sidewalk. Motion x Commissioner Grant motioned to accept the Tree Committee's recommendation. Commissioner Demmer pointed out that this is an area which needs trees due to the amount of concrete and is an area where neighbors want to save their parkway trees. Ayes x x x x x N x Unanimous. Item #7 - Dedication Request Dedication Director Whitley referred to Mr. Tom Anderson's Request letter wherein he is requesting a bench be placed near a new tree dedicated to the memory of Erin Vallely, a student at Mariners Elementary School. Mr. Whitley pointed out the tree would be on school property with a plaque. Chair Vandervort opened the meeting o g public testimony and Mr. Tom Anderson, 241 Sherwood IlU_ Place, Costa Mesa, addressed the Commission. Mr. Anderson reported a Liquid Amber was planted with the children's .help on December 20 between the school and tennis courts. The proposed bench and CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 5 Citv Council Chambers 7 n m IAIP1Fv plaque will be on City property, and both the tree and bench will be maintained by the students. Motion x Commissioner Herberts moved the City provide a Ayes x x x x x x x bench and concrete pad in memory of Erin Vallely and, if a plaque is to be provided, it be installed in accordance with City Council Policy I -15, Park Improvement Donations. Unanimous. Item #8 - Funding Request Pool Building Newport Funding Harbor High School Request Director Whitley reviewed the City's past cooperative funding for the pool building at Newport Harbor High School, pointing out that $125,000 was appropriated followed by an additional request for $25,000 which was approved ( by this Commission.. The existing budget does not accommodate the total funds collected since the project was awarded with the old fixtures intact. As a result, there is a request before the Commission for an additional $20,000 to help complete the project. Chair Vandervort opened the meeting to public testimony and Mr. Robert Lunde, 1938 Westminster, Costa Mesa, and Fundraising Chair for the Newport Harbor High School Pool Building, addressed the Commission. Mr. Lunde explained their unexpected expenses and noted that the project was over budget when originally designed. It was then redesigned using the old fixtures which are now found to be un- salvagable. He urged the Commission to approve their request for $20,000 to complete the project by March, 1992. Commissioner Grant voiced his concerns about appropriating more money again and pointed out there are adequate showers and restroom facilities in the gym area 150 yards away. He also pointed out that the Marian Bergeson Aquatic Center has an outside shower facility which is hardly used. He stated he has no problems with CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 6 City Cpuncil Chambers 7 p.m. INDEX .v the restroom project but questions shower facilities which most likely would rarely be used. In addition, he also questioned funds for the coaches room which he felt to be too high. In response to a question from the Commission, Mr. Lunde explained that the $20,000, if approved, would be for the restroom facilities which would double in size from the existing ones. Commissioners Demmer, Herberts and Compton stated they would support the project since the building is very old and the school provides many activities and programs for both the community and outside groups. Motin x Commissioner Compton motioned to recommend ( approving the request for $20,000. Commissioner Konwiser recommended that Mr. Lunde's report be revised and clarified and Mr. Lunde agreed to rewrite the report. Ayes K 'X' x X x x x unanimous. Item #9 - Replacement Trees 1748 Bayport Way eplacement .Director Whitley reported Mr. Williams made a rees presentation at the last City Council meeting. After the meeting, Council Member Hart, Mr. Williams and he met and decided the Commission should again allow Mr. Williams to address the Commission concerning his replacement trees. The Commission's past action was to remove the 3 Ficus Nitida and replace them with 4 Brisbane Box, the designated tree. Mr. Stuart Williams, 1748 Bayport Way, addressed the Commission. Mr. Williams stated that the City encourages individuality and that to impose rigid rules on a homeowner is contrary to this policy. He felt each homeowner should have a voice as to what tree should be planted in their parkway which the homeowner maintains. He recommended a graduate horticulturist be contacted to suggest 3 alternative trees. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 7 City Council Chambers 7 p.m. INDEX Mr. Williams cited a number of reasons why he felt the Brisbane Box should not be planted in his parkway, and asked that the proper number of a smaller species be planted. In response to a question from Commissioner Compton as to what kind of tree he would like planted, Mr. Williams responded that he would like a horticulturist who is an expert on trees be consulted, and that he would abide by that decision as long as the tree is not a Brisbane Box. Commissioner Demmer pointed out it was she who made the substitute motion to replace his trees with four trees to keep the tree planting program growing and to keep him happy. She further advised Mr. Williams that there are budget constraints preventing the Department from hiring a horticulturist for each homeowner's new parkway tree. She also commended the City's tree planting program and pointed out it is virtually impossible to find a perfect tree for every homeowner and parkway. Commissioner Grant explained that the public parkway trees are City trees for everyone's enjoyment. He agreed there is no perfect tree to be planted in a parkway. He added that the designated tree list is reviewed annually and it is the Department's responsibility to plant a tree that will have minimum maintenance and liability. 'He did not feel a negotiating process should occur following a tree removal. Discussion ensued concerning the Brisbane Box, of which there are 3 on the street. Jack Brooks advised this is an open tree with light maintenance and there have been no problems as to height due to the City's tree trimming program. Mr. Williams continued to object to the Brisbane Box, stating that in its natural habitat it grows to 100'; it requires extensive maintenance; it is ugly; it sheds bark and drops hard round nuts that pose a liability. Commissioner Herberts quoted from Sunset Western Garden Book which states that there are 2 species CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission City Council Chambers 7 p.m. INDEX of Brisbane Box that are of manageable size, produce handsome foliage, and are a good street or lawn tree which would be recommended for this type of area. Motion x Commissioner Compton motioned to retain the original decision to plant 4 Brisbane Box trees. Commissioner Grant agreed the trees are in keeping with the street scape, which is important, however, he voiced his concern that Mr. Williams might not maintain them, causing them to die. He further stated the Department should not be forced to negotiate with every homeowner who receives a tree. Commissioner Compton withdrew his motion and moved to table the matter until the Commission's ( i February meeting, by which time an alternative tree which would blend into the street scape could be determined and agreed to by Mr. Williams. Motion x Commissioner Demmer made a substitute motion that Mr. Williams select and bear the cost of a certified arborist who would also meet with Jack Brooks. Following these meetings, 3 tree recommendations shall be made within 30 days. Commissioner Herberts suggested the residents be contacted for their approval of Mr. Williams' choice of tree. X X X X X Motion passes. Nay X Commissioner Grant recommended the Tree Committee consider a written agreement to be signed and returned by each homeowner which would address mandatory maintenance following removals and replacements. Item #10 - Upper Castaways and Newporter North Upper commissioner Compton referred to the report Castaways and New- submitted and explained it is a result of the porter Planning Department's request. The report North includes how we would want to develop the Castaways and Newporter North should a bond issue be passed. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 9 City Council Chambers 7 p m INDEX t. Commissioner Grant questioned if maintenance costs and revenue producing activities should be included in the report, such as the proposed golf . course at Newporter North and tennis courts. Commissioner Demmer pointed out the purpose of the report was to create an idea of future development if the City owned all the open space. Commissioner Grant pointed out that the report addresses passive, ecological and active open space which would offer something for everybody. Approximate cost to the taxpayers would be $350- $375 per year. Chair Vandervort opened the meeting to public testimony and Marianne Towersey, 501 Kings Place, addressed the Commission on behalf of the Newport { Conservancy. She stated the Conservancy appreciates the opportunity to give their input and that there has been interest from horticulturists for native plant gardens. When _input is- solicited; she requested that and -of their members be asked to join the committee. They recognize the diversity needed for the open space and hope to keep the sensitive areas protected. They will be pursuing input from agencies and from residents through a voter telephone survey. Motion x Commissioner Compton moved to accept the report as presented by the Park and Open Space Committee with the addition of a statement as to proposed revenue from the golf course and tennis courts. Director Whitley advised he will provide the revenue and maintenance figures and will add the statement, "Development of the golf course by private development would provide for the facility at no cost and would provide the potential of creating revenue." Revenue from the two lighted tennis courts can be added under Castaways Item #4 and Newporter North Item #4. A(t ) I� x x x x x x unanimous. CITY OF NEWPORT .BEACH Motion A, I arks, Beaches & Recreation Commission, Page 10 City Council Chambers 7 D.M. INDEX _Item #11 - Prioritization of Capital Proiect Prioritiza. Proposals tion of Commissioner Konwiser reported the Commission Capital Project should consider prioritizing the capital project Proposals proposals as submitted. He recommended keeping them as listed but deleting Item #7, Bonita Creek Sound Wall, and Item #8, North Star Beach. Director Whitley advised that the Bolsa Avenue Mini Park has $15,000 appropriated for its design and that this item will be posted for public input and agendized for the Commission's February 4 meeting. Commissioner Demmer requested the Bolsa Avenue Mini Park be added to the capital projects list. Commissioner Grant agreed with Commissioner Demmer and requested that North Star Beach remain on the list. Commissioner Demmer requested the description for North Star Beach identify specific usage. In response to a question from Commissioner Demmer, Director Whitley explained that the funds proposed for the Peninsula Park Community Center are for the architect's consulting fees only. Construction would occur the following year. Commissioner Grant recommended that Item #2, Mouth of Big Canyon, read... "that would indicate enhancement concepts..." and that more guidelines be addressed. X Commissioner Konwiser moved to postpone the Prioritization of capital project proposals for FY 1992 -93 until after the public hearing on the Bolsa Avenue Mini Park is heard on February 4; and that this item be added in place of Item #7, Bonita Creek Park Sound Wall; and that in Item #2, the "enhancement" word replace the word "development" and that Item #8, North Star Beach, x x x x x x x be clarified. Unanimous. CITY OF NEWPORT BEACH \I) arks, Beaches & Recreation Commission Page 11 City Council Chambers 7 p.m. INDEX IV. INFORMATIONAL AND COMMITTEE ,REPORTS Item #12 - Recreation Division Recreation Item #12 was addressed following Item #4. Division In response to a request from Commissioner Grant, Nancy Beard passed out a report on annual field usage. She also presented a memo referring to Bonita Creek Park wherein the Homeowners Association do not support any additional amenities or a sound wall at this park. Ms. Beard further informed the Commission that all the fields have been fertilized and that one - half of the fields at Bonita Creek are down and sanded. The fields at Lincoln are also "resting." Commissioner Compton recommended the field usage report also include the tennis program figures. Item 013 - Park and Street Tree Division Park and In response to a question from Commissioner Street Tre( Division Vandervort, Jack Brooks explained the rock monument at the base of the Balboa Pier was done in conjunction with the Bicentennial flagpole project. Director Whitley advised a smaller flagpole will be installed near the Newport Pier as well as the Art in Public Places project. In response to a question from Commissioner Demmer, Director Whitley explained the Bicentennial platform has 12 panels, each of which will have the Bill of Rights engraved and the City Council and Committee members. Item 414 - Tree Committee Tree Committee Commissioner Herberts reported the committee reviewed two months of tree requests and agreed with staff on all except two, one for removal and one for replacement. Item #15 - Recreation Program Committee Recreation Program No report from Commissioner Grant,. CITY OF NEWPORT BEACH � G s� moo, Parks., Beaches & Recreation Commission Page 12 City Council Chambers 7 D.M. INDEX Nancy Beard reported there will be meetings with the pool users and field users at the end of February to discuss summer scheduling. Item 016 - Park and Open space Committee Park and Open Space Commissioner Compton reported the committee met Committee and their report is submitted under Item #10. Commissioner Compton also reported he spoke with the Bicycle Trails Committee and they are concerned that the County's proposed Upper Bay Regional Park will restrict existing bicycle paths and walkways. He voiced his own concern over this matter and recommended a subcommittee be formed or that a Commission representative attend the County's meetings and report back to the Commission. Director Whitley advised that the EIR has just been completed which may change the plans. He suggested that if the Commission would like to do a separate analysis, a committee should be formed to study the plan and submit a, supplement to their prior action based on the EIR. Commissioner Demmer agreed with Director Whitley's suggestion and pointed out the County Regional Park anticipates much more usage than the community park as it currently exists. Commissioner Vandervort established a subcommittee for this purpose consisting of Commissioners Demmer, Compton and herself to read the EIR. The Commission expressed their opinion that view planes, walkways and bicycle paths be preserved as shown on the plan. Item #17 - Beach Committee Beach Committee Commissioner Glasgow reported the committee will meet next week to discuss additional courts on the east side. CITY OF NEWPORT BEACH s� 2 Parks, Beaches & Recreation Commission aG Page 13 O City Council Chambers 7 n m iNnFy Item #18 - Budget Committee Budget Committee Commissioner Konwiser reported this item was addressed under Item #11. Item #19 - Oasis Liaison Oasis Liaison Commissioner Demmer referred to an article on Oasis published in the L.A. Times on January 6 and asked Director Whitley to transmit it to the Commissioners for their information. Commissioner Demmer also reported that Oasis is actively pursuing fundraising for the purpose of purchasing furniture for their new administrative offices. Item 420 - Chair's Report Chair's Report Chair Vandervort reported that the annual California and Pacific Southwest- Recreation and Park Show will be held March 6 -8 in Long Beach and urged the Commissioners to consider attending some of the sessions. V. DISCUSSION ITEM Item #21 - Status of Capital Improvement Proiects Status of Capital Report received and filed. Improvemei Projects VI. SPECIAL URGENT OR LAST MINUTE ITEMS Commissioner Compton invited the Commissioners to attend the Newport Shores Park dedication on Saturday, January 11, at 10:00 A.M. VII. ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission adjourned at 10:45 P.M. The agenda for this meeting was posted on December 30, 1991 at 11:00 A.M. outside the City Hall Administration Building. Dottie F1ohr, Secretary