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HomeMy WebLinkAbout05/05/1992 - PB&R CommissionItem No. 3 CITY OF NEWPORT BEACH Motion Ayes Motion Ayes arks, Beaches & Recreation Commission May 5, 1992 City Council Chambers 7 p.m. INDEX :all to Orde toll Call Ipproval of linutes kdoption of lgenda Free Removal tequest Ex- Officio Member Present: Ronald A. Whitley Staff Present: Nancy Beard, Recreation Superintendent Jack Brooks, Park and Tree Main- tenance Super- intendent Dottie Flohr, Secretary I. PROCEDURAL MATTERS Item #1 - 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 was taken. Commissioners Compton, Demmer, Glasgow, Grant, Konwiser and Vandervort were present. Commissioner Herberts was absent. Item #3 - Approval of Minutes - Meeting of April 7. 1992 x Commissioner Compton motioned the minutes be x x x x x x approved as presented. Unanimous. Item #4 - Adoption of Agenda x Commissioner Konwiser moved to adopt the agenda x x x x X as presented with the addition of New Subcommittee to be addressed under Item #15 and Cloverleaf to be addressed under Item VI. Unanimous. II. ACTION ITEMS Item #5 - Tree Removal Request at 2701 Ocean Blvd.. Corona del Mar Director Whitley referred to the material provided and reported that the subject Mock Orange Tree and subsequent landscaping at 2701 INDEX :all to Orde toll Call Ipproval of linutes kdoption of lgenda Free Removal tequest CITY OF NEWPORT BEACH arks, Beaches & Recreation Comriiission Page 2 City Council Chambers 7 p.m. INDEX �. Ocean Boulevard was approved in the early 1970's. The tree in the landscape environment has caused a view impact problem over the years and, although the property owner has trimmed, it continues to be a recurring problem. In response to a question from Commissioner Demmer, Director Whitley explained that the tree is in a public right -of -way and, therefore, an encroachment; and that one of the conditions in the encroachment process is that the property owner installs the tree and maintains it. Director Whitley also explained that the previous Director recalled the approval for the encroachment at that time, however, now the process requires an approved permit. 7 Chair Vandervort opened the meeting to Public Testimony and Mr. Carter Wurts, 2700 Ocean Boulevard, addressed the Commission. Mr. Wurts urged the Commission to consider preserving the view of the ocean and asked if there were any questions regarding the letter he submitted. In response to a question from Commissioner Demmer asking if there were any other owners concerned about the subject tree, Mr. blurts reported that 20 residences are impacted by the tree at 2701 Ocean Boulevard. He then presented a petition signed by 18 and noted that the other two were not available. Attached to the petition was a map showing the impacted residences and the right -of -way. In response to a question from Commissioner Compton concerning the three Palms on the corner of 2700, Mr. Wurts stated there have been no complaints from his neighbors and that although they grow high, they do not spread and the City regularly trims them. Mr. Wurts passed out City Council Policy L -6, i 1 Private Encroachments in Public Rights-of-Way, and read those sections that pertain to this issue, pointing out that Chapter 10.50 of the Municipal Code states that if approved planting is not maintained for view and safety clearance, the offending material can be removed. CITY OF NEWPORT BEACH 2�� o Parks, Beaches & Recreation Commission Page 3 City Council Chambers 7 o_m_ iNnFu Mr. Wurts then presented a compromise in lieu of his original request to remove all plant specimens from the right -of -way. He requested (1) That only the Mock Orange Tree be removed since this is the major problem; and (2) That the Department, Mr. Gray, the neighbors and he develop a written maintenance agreement for the remaining plant specimens. Referring to Policy L -6, Commissioner Grant pointed out that the improvements in the right - of -way were legally installed. Mr. Wurts stated there was never a public notice for improvements on the right -of -way, nor has the City been able to show what was approved. In reponse, Commissioner Grant pointed out that since the Building Permit and Certificate of Occupancy were issued, assumption must be made the landscaping was legal until it is proved illegal. Mr. John Gray, 2701 Ocean Boulevard, addressed the Commission. Mr. Gray reported construction was started in October, 1971, following purchase of his lot five months earlier. Two sets of plans for hardscape and landscaping were submitted. These plans showed the walkway, deck, wall, the Mock Orange Tree, two Coral Trees, two Evergreen Pear Trees and the ground cover. The plan was approved and signed subject to the condition that a 51 wide sidewalk be installed adjacent to the curb on Ocean Boulevard, with which he complied. He also pointed out that Mr. and Mrs. John Hamilton were building at the same time with the same architect and went through the same procedure. Mr. Gray further stated that he has maintained the landscaping, removed the two Coral Trees at the request of his neighbors and has kept the Evergreen Pears trimmed below the curb level of Ocean Boulevard. The Mock Orange is a slow growing multi - stemmed nice looking tree which does not obscure all ocean views. He felt the tree accents the view and, when properly trimmed, is an asset to the area. He agreed the tree needs trimming and would have done so earlier but decided to delay it until this matter resolved. was CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 4 City Council Chambers 7 n_m lmnl=,r Dr. Joseph Cavon, 2714 Ocean Boulevard, addressed the Commission and stated he felt trees in their Proper perspective are beautiful, but they should not obstruct ocean views. The Mock Orange Tree is an eyesore to him since it blocks his view of Balboa Island and half of the Newport Harbor. He urged the tree be removed and other landscaping be installed, such as planters, flowers or dwarf trees. Since Mr. Grays house is up for sale, Commissioner Compton questioned if the tree removal would affect the sale of the property and Dr. Cavon stated he did not think so. Commissioner Compton inquired if this is the start of a movement to remove all the trees in the area, and Dr. Cavon replied he did not know, but that this isn't the first time trees are obstructing ocean views. Hannah Flynn, 202 -1/2 Fernleaf, addressed the Commission and stated she felt the Palms in the area are no problem but that large trees impact views, such as the subject tree which blocks her view of a section of the channel. Mr. Per Trebler, 177 Shorecliff, addressed the Commission as attorney for Carter Wurts. In referring to the legality of the landscaping, Mr. Trebler pointed out that there are no public documents to prove Mr. Gray's plan was approved, however, he will assume Mr. Gray built in accordance with the plans and were planted. approved specimens Mr. Trebler explained that this is not a situation of Wurts vs. Gray, but is one of Wurts vs. the City. The City owns the property and is allowing growth contrary to public interest. He suggested the City assert control, examine how it is managing its property and formulate a maintenance agreement for the future., Since the j tree has become such a problem, Mr. Trebler Proposed removing the Mock Orange Tree and entering into an agreement for maintenance of the property. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 5 City Cpuncil Chambers 7 p.m. INDEX w . During discussion of writing a new policy on maintenance standards for this property, Commissioner Compton pointed out that when a City tree is installed, the homeowner maintains it to City standards. Commissioner Compton also questioned why this issue is before the Commission at this point in time, rather than 10 years ago. Mr. Wurts explained that the situation has continued to get worse and is now out of control. In response to a question from Commissioner Demmer, Jack Brooks explained that the Mock Orange Tree is a "standard" which is a shrub trimmed to be a small tree. Mr. Trebler then summarized the critical issues such as the fact that there are no legal ( documents of an approved plan and that the Mock Orange Tree could have been identified on the plan as a bush which was subsequently allowed to grow and become a nuisance. In response to a question from Commissioner Compton, Mr. Gray stated removing the tree would be a detriment to his landscaping, but he doubted it would hurt the sale of his house. Commissioner Demmer asked Mr. Gray if he would agree to removal and replacement of a plant of his choice which would also be agreeable to Mr. Wurts. Mr. Gray indicated he would consider such an option subject to the replacement being an equal asset to the landscaping. Mary Lou Gray, 2701 Ocean Boulevard, addressed the Commission. Mrs. Gray stated that since the tree was legally planted and it is a lovely tree which they trim, she does not want it removed. During discussion by the Commission, Commissioner Konwiser commended those who spoke for their excellent comments and documentation. He stated t that in his opinion Mr. Gray obtained the proper permission to install his landscaping and that, although the policies have changed since 1971, the City was strict and thorough in approving the plans. He recommended the tree remain and that it be pruned annually so that a view can be seen CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission June 2, 1992 Page 6 City Council Chambers 7 p m INDEX through the tree. He further encouraged Mr. Gray and Mr. Wurts to work together toward a compromise in this regard. Commissioners Compton and Grant agreed with Commissioner Konwiser and stated they also feel the tree is an asset to the area. Commissioner Grant added that removal of the tree would also mean consideration should be given to removing 31 other trees. Also, from his observation, the tree only impedes Mr. Wurts' view from one room of his house. In addition, the Eucalyptus Tree on Mr. Gray's property is behind the Mock Orange and would have the same effect. Commissioner Demmer recommended a policy be developed that addresses this type of encroachment. ll tL.lon Commissioner Compton motioned to retain the tree and that Mr. Gray follow through with trimming per City standards. Upon a suggestion from Commissioner Grant, Commissioner Compton amended the motion to state that the tree be retained and the homeowner trim Ayes x x x x and daylight the tree on a yearly basis. x x Unanimous. Chair Vandervort informed Mr. Wurts that he can appeal the Commission's decision to the City Council. Item #6 - Harbor View Hills Trees iarbor View Director Whitley reported the street trees in the ills Trees original development of Harbor View Hills are the Ficus Nitida which have caused view problems, sidewalk damage, and expensive plumbing repairs due to its root system. The Mayor received a letter on this subject from a homeowner and requested this Commission review the matter along with Council Policy I -9, Retention or Removal of Park and Parkway Trees In part, I -9 states that the Tree Committee obtain representation from the community. Mr. Whitley added that if the homeowners association also agrees, the Department does feel more CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 7 City Council Chambers 7 p.m. INDEX comfortable doing more removals. In summary, removals can be done by individual request, by a phased program, or in cooperation with the association. Mr. Clark Hayes, 1106 Goldenrod Avenue and President of the Harbor View Hills Community Association, addressed the Commission. He reported their CC &R's are strictly enforced concerning view obstruction, however, the parkway trees are the most offending. In the past the trees have been pollarded and sheared but eventually the new growth again impacted views. In addition, roots from the Ficus Trees invade the sewer and gas lines and buckle the sidewalks and curbs which is a huge expense, particularly for those on fixed incomes. ( Mr. Hayes further reported that in the Association's Newsletter they requested anyone opposed to total removal and replacement of the parkway trees to notify them, and they have had only one call in opposition. The Association recommends the trees be removed in their entirety, rather than by phasing, and they would like to work with the City concerning replacement. Sara Booty, 2739 Windover Drive, addressed the Commission. Ms. Booty, as the Landscape Chair of Harbor View Broadmoor Homeowners Association, stated they have 20 Rusty Leaf Fig Trees that are causing the same problems in addition to their droppings. Their Association requests total removal and replacement with the same species.as Harbor View Hills Community Association. Upon Commissioner Demmer's recommendation, Ms. Booty agreed to obtain signatures authorizing removal and replacement of the 20 trees. Ilma Cunningham, 1223 Goldenrod, addressed the Commission. Ms. Cunningham, a resident of 11 Broadmoor I, spoke of her drainage problems due l to the Ficus roots. Jim Wharton, 1033 Goldenrod, addressed the Commission and stated the residents have expressed their desire for removal of all the CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Citv Council Cham'hPrs 7 n m Wrlkav trees at the same time. Mike Leber, 1509 Sandcastle Drive, addressed the Commission. As President of the Harbor View Hills South Homeowners Association, he reported they have 449 homeowners with similar view and root problems. Many, but not all,, of the trees have grown too large for the neighborhood and, therefore, they request an appropriate replacement tree. Commissioners Konwiser, Vandervort, and Compton recommended Mr. Leber contact the Tree Committee to review the matter. During discussion Commissioners Compton and Grant suggested the trees be phased out and that consent from each homeowner be obtained and (�l 1 ' notification be transmitted to those who have not consented. Commissioner Konwiser pointed out that this could be a public relations risk; that the petition should be documented; that the Association contribute to the cost, perhaps 10 %, to show good faith; that staff prepare a budget; and that the Tree Committee's new form for tree maintenance be transmitted to each homeowner. Motion x Commissioner Grant motioned to support the homeowner association's request for removal and replacement; that replacement be agreed upon between the Association and Director; that proof of notification of everyone in the Association be given to the Director; that a signed acceptance letter for those trees to be removed and replaced be obtained; that the Association pay 10% of the cost; and that staff prepare a budget for the Commission's approval. Director Whitley recommended' that if the Commission is considering total removal that staff work with the Tree Committee and respective Association with a final review by the Commission. Commissioner Grant withdrew his motion. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 9 City Council Chambers 7 p.m. INDEX r Commissioner Konwiser suggested approval of removal /replacement trees be subject to the budget being funded and the Association's commitment to bearing 10% of the cost. Commissioner Grant stated he felt those unable to attend this meeting should also have the opportunity to provide input. Commissioner Demmer recommended the cost analysis be reviewed by the Tree Committee along with those trees requested to be retained. Motion x Commissioner Konwiser moved to approve the Harbor View Hills Community Association's request to remove in their entirety the Ficus Nitida trees; that a budget be prepared by the Director; that the Association be required to post 10% of the ( costs before work is started; that the Association notify the Commission of their notification and results of that notification; and if the Director can find the funds within the, budget that he do so; and, if not, return this issue to the Commission in order to find funding with this Commission's approval; and that the Ayes x x x,x x x replacement tree be negotiated between the Department and the Association. Unanimous. Larry Weeshoff, 1407 Outrigger Drive, addressed the Commission. Mr. Weeshoff stated he lives in Harbor View Hills South and feels the City is not trimming enough of those trees that are blocking views. Mr. Weeshoff also stated he feels that if trees were trimmed more frequently, there would be less removals. Commissioner Grant explained that budget constraints preclude more frequent trimming, however, the City does allow a homeowner to hire a professional tree trimmer. In response to further questions, Jack Brooks explained that each tree is an individual case which is first referred to the Tree Committee. Brian Corrigan, 3607 Surfview Lane, addressed the Commission. Mr. Corrigan stated he is a new homeowner in Harbor View Hills South and questioned the procedures for removal /replacement. CITY OF NEWPORT BEACH G` ym� �flParks, Beaches & Recreation Commission Page 10 Citv Cnunnil (thamharc 7 .. � klnry Commissioner Grant explained that the City attempts to trim for view but there are budget constraints. The Tree Committee should first be contacted, followed by the Commission and the option of a final appeal to the City Council. III. PUBLIC COMMENTS IV. INFORMATIONAL AND COMMITTEE REPORTS Item #7 - Recreation Division Recreation Division Nancy Beard passed out information pertaining to the Theatre Arts Center. The current production, Cat on,a Hot Tin Roof, is excellent and will end May 10. I_tem #8 - Park and Street Tree Division Park and Chair Vandervort complimented Jack Brooks on the Street Tree Division work done on Jamboree. Mr. Brooks advised that final grading and hydroseeding will soon be completed. Item #9 - Tree Committee Tree No report, Committee Item #10 - Recreation Program Committee Recreation Commissioner Grant reported there will be a Program Committee meeting of the field users on May 27. Item #11 - Park and Open Space Committee 3ark and No report from Commissioner Compton. ommitteee Item #12 - Beach Committee 3each No report from Commissioner Glasgow. ommittee Item #13 - Budget Committee udget Commissioner Konwiser reported he is moving his ommittee primary residence to Carefree, Arizona and is sorry to have to leave the Commission before his term is completed. He complimented the Commission and staff for their cooperative efforts, and each Commissioner expressed their CITY OF NEWPORT BEACH 1 Motion Ayes arks, Beaches & Recreation Commission Page 11 City Council Chambers 7 p.m. INDEX thanks for his thorough work, objectivity, knowledge and logic he brought to the Commission. Item #14 - Oasis Liaison Oasis Liaisc Commissioner Demmer reported- the Oasis Open House /Dedication was very successful and that they appreciated having the commissioners who could attend. Item #15 - chair's Report Chair's Chair Vandervort thanked everyone who attended Report the Joint Commission Meeting with the City of Costa Mesa. She recommended a subcommittee be formed for future meetings which will consist of Chair Vandervort as Chair to be assisted by Commissioners Demmer and Grant. V. DISCUSSION ITEMS Item #16 - Status of Capital Improvement Projects Status of Report received and filed. Capital Improvement VI. SPECIAL URGENT OR LAST MINUTE ITEMS Projects Commissioner Compton requested an updated status on the Cloverleaf, which is at the intersection of Newport Boulevard and Coast Highway, be placed on the June agenda. Commissioner Demmer reported the parking policy issue at Las Arenas Park (15th Street Park) was referred to this Commission by the City Council at their April 13 meeting and she recommended the matter be reviewed at committee level. Commissioner Compton pointed out there is no identifying park sign at this location. Nancy Beard will pursue. VII. ADJOURNMENT There being no further business, Commissioner x Grant moved the Parks, Beaches and Recreation x x x x x x Commission meeting adjourn at 10:37 P.M. Unanimous. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 12 City Council Chambers 7 p.m. INDEX The agenda for this meeting was posted on April 27, 1992 at 11:00 A.M, outside the City Hall Administration Building. Dottie Flohr, Secretary