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Home My WebLink About08/04/1992 - PB&R CommissionCITY OF NEWPORT BEACH Item #3 Parks. Beaches & Recreation Commission August 4, 1992 City Council Chambers 7 ❑.m. rnnFx Ex- Officio Member Present: Ronald A. Whitley Staff Present: Nancy Beard Recreation 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, Schonlau and Vandervort were present. Item 43 Approval of Minutes Meetina of Jul 7 1992 Approval of Minutes Motion x Commissioner Demmer motioned the Ayes x x x x x x x minutes be approved as presented. Unanimous. Item #4 - Ado tion of Agenda Adoption Motion x Commissioner Glasgow moved to adopt of Agenda the agenda as presented with the addition of Plan Review /Hoag, Master Plan to be addressed under Item #14 and Facility Inspections and Goals and Ayes x x x x x x x objectives to be addressed under Item VI. Unanimous. II. ACTION ITEMS Item #5 - Appeal of Decision by Tree Committee Appeal of - 1831 Seadrift Drive Corona del Mar Decision by Tree Director Whitley reported the re Committee to remove the Ficus Ribiginosa at 1831 CaaAri -P+- CITY OF NEWPORT BEACH Parks. Beaches & Recreation Commission ti P Op �0> � Page 2 m n� do 0� City Council Chambers 7 p.m. INDEX inspected by staff and they recommended removal. The Tree Committee, however, recommended to retain the tree. In accordance with Council Policy I -9, the resident is appealing the committee's decision to the Commission. Chair Compton opened the meeting to Public Testimony and Lucille Kuehn, 1831 Seadrift Drive, addressed the Commission. Mrs.' Kuehn thanked the Commission for viewing her tree, stating that only Commissioner Herberts was there at a time when it was a mess and not cleaned up. Mrs. Kuehn explained the location of the subject tree which is next to the fire hydrant and adjacent to the Maleleuca Tree. She reported it is impossible to park in front of her house due to the location of the fire hydrant eliminating footage and the droppings from the tree. Mrs. Kuehn stated her trees are regularly trimmed and she would welcome a replacement tree that does not make such a mess. There being no further public testimony, Chair Compton closed the meeting to public hearing. During discussion Commissioner Glasgow commented that the tree is a mature tree and looks better than most. Commissioner Herberts reported the Tree Committee unanimously voted to retain the tree since it is healthy, part of the tree scape, is the designated tree, and there is no sidewalk problem. She further pointed out that there are no stains on the sidewalk and the whole street is through fruiting until next summer. Commissioner Demmer recalled a similar appeal under the same conditions several years ago on the same street which the Commission voted to retain. Shp nnint -oA .,,,+- 3s...� CITY OF NEWPORT BEACH Parks. Beaches & Recreation Commission 1 0 G'� �'v o Page 3 �l� > s �A 7� °s °h nN a City Council Chambers 7 n. m. INDEX is not on the criteria for evaluation of removal. Motion Ayes x x Commissioner Vandervort moved to x x x x x x retain the tree at 1831 Seadrift Drive. Unanimous. Chair Compton advised Mrs. Kuehn of her right to appeal the Commission's decision to the City Council. In response to a question from Commissioner Grant, Director Whitley explained that the normal tree trimming cycle has been updated from 2 years to 3 years due to the crews doing more work on root pruning and root barriers. Commissioner Grant advised Mrs. Kuehn that homeowners can trim at their own expense in the interim. Commissioner Vandervort -left the meeting at 8:o5 P.M. I_tem 06 - Tree Removal Request Tree Harbor View Broadmoor Community Removal Association Request Director Whitley reported that members of the Harbor View Broadmoor Community Association were at the Commission's June meeting and they were advised that their request would have to be addressed at a later time. This was scheduled, however, a request by letter was received from Lee Price, property administrator, asking for this item to be postponed. In review and discussions with Mr. Price, it was mutually agreed that the matter be referred to the Tree Committee that would then work with the Association to address their specific trees and concerns. Chair Compton opened the meeting to public testimony and Ms. Sara Booty, • 2739 Windover Drive, addressed the Commission on behalf of the CITY OF NEWPORT BEACH Parks. Beaches & Recreation Commission c1P 4 Page 4 SOS ' o nN °o City Council Chambers 7 p.m. INDEX pictures of some examples of the problems caused by the overgrown and root bound Ficus Trees in their community. The Association is requesting that 18 Bronze Leafed Ficus be removed due to the many problems they are causing, such as damage to sewer and gas lines, sidewalk and curb damage, view impacts and droppings. Ms.: Booty explained that originally the trees were all Eucalyptus, however, all but five have been eliminated through attrition. As the years passed, either a homeowner or the City planted new trees. Ms. Booty then presented a petition signed by 55 of the 68 homeowners requesting removal of the 18 remaining Bronze Leafed Ficus Trees. She stated the Association would be willing to pay a percentage of the cost for the removals. In response to a question from Director Whitley, Ms. Booty explained that the community was built in 1966 and the original tree was the Eucalyptus and the replacement tree was the Ficus. Most removal requests by individual -homeowners have been denied. Commissioner Grant recommended that when the Tree Committee meets with residents and the Association that they consider (1) What kind of support there will be for new trees, (2) How much money the Association will provide, and (3) Their internal view preservation policy. Ms. Booty explained that their CC &R's, written 25 years ago, have worked well with their "Good Neighborhood Policy.,, / In effect, no tree is to be higher (l!nJ than roof line if it impacts views. Ms. Booty further pointed out that planting trees in certain parkways may C I TY OF NEWPORT BEACH Parks, Beaches & Recreation Commission 1 ��o� mG Page 5 N cA d 0 oh -� ns City Council Chambers 7 o.m. IbDEX landscaped their parkway areas with no trees. Commissioner Herberts suggested the Association consider the fact that if all the mature trees are removed, they will essentially have a denuded neighborhood since it takes ten years for a tree to begin to mature. There being no further public testimony, Chair Compton closed the meeting to public hearing. Chair Compton recommended, and the Commission agreed, that the Tree Committee should meet with the Association, their representatives and Jack Brooks to be followed with final recommendations to the Commission. Commissioner Vandervort suggested that they meet on -site, which also met with the Commission's approval. Item #7 - Volleyball Court Request - Volleyball 1522 W. Oceanfront Court Director Whitley y passed out a letter equest just received from Tom Berean, 1600 W. Oceanfront, wherein he requests the poles be moved further toward the water and that petition names be checked for validity. Commissioner Grant reported the Beach Committee concurs with staff's recommendation that the poles located at 1522 W. Oceanfront be made legal and located as close to the street end as possible. They will be painted and signed in accordance with Departmental policy. Motion x Commissioner Grant motioned to accept f j x x x x x x staff's recommendation. Unanimous. CITY OF NEWPORT BEACH Parks. Beaches & tp a o oho �� i 7i W� 7l G �0 �N� A N 0 N f tr Recreation Commission Page 6 City Council Chambers 7 p.m. INDEX Newport North Villa Homeowners Association Request to Change Uses at Bonita Creek Park Item #8 - Newport North Villas Homeowners Association Reauest to Change Uses at Bonita Creek Park Item #8 was addressed following Item #6. Director Whitley passed out a letter just received from the Marquis Management Group formally requesting that this matter be continued to the October meeting. Recommendation is that the issue be referred to the Recreation Program Committee so that they can analyze the situation and present their recommendations. Chair Compton reported the Recreation Program Committee will transmit proper notification to the homeowner associations, adult and youth user groups and any interested parties that they will hold public hearings on the uses of Bonita Creek Park. Following these meetings, the committee {gill present their recommendations to the Commission. Commissioner Herberts pointed out that in 1991 the City Council concurred with this Commission's decision that the uses of Bonita Creek Park were both legal and proper. She questioned why this matter is again before the Commission. Director Whitley explained that the original request was from an individual and that the current request is from the Association. Commissioner Grant recommended the Recreation Program Committee meet in September for Commission review in October. Chair Compton pointed out that, although the park was designed as a night lighted activity park, he felt the key issue is the recreational uses of the park. Newport North Villa Homeowners Association Request to Change Uses at Bonita Creek Park CITY OF NEWPORT BEACH Parks. Beaches & Recreation Commission ti u d� 1 3 cd `0s6 °� mL Page 7 1` 3N P °s h ns City Council Chambers 7 n. m _ TKrV -mot Item #9 - Uodate of Volleyball Update of Resolution No..-88-14 ;Volleyball Commissioner Grant reported the Beach R esolution $$ "14 Committee reviewed and recommended minor language changes for clarification purposes to the Volleyball Resolution. Nancy Beard pointed out the only major change is in Items #6 and #7 wherein notification by certified mail to property owners be mailed to those within 100 feet in either direction of the proposed location or existing location. In response to a question from Commissioner Grant concerning the petition process, Nancy Beard explained that this is in the policy and part of the application process to make a court legal. Commissioner Grant pointed out that in addition to the notification process by certified letter, the courts are also posted. Commissioner Grant recommended that the third sentence of Item #7 be reworded to- state "Following completion of the application and its submission to the Parks, Beaches and Recreation Commission... t, Commissioner Schonlau expressed his concern over the validity of a Petition if anyone can sign it. Chair Compton explained that in the past the use of a petition for legal court requests has shown that people are using the court and that they want it. Commissioner Schonlau stated he felt a provision should be made to verify if a signer of a petition is a homeowner or resident. CITY OF NEWPORT BEACH Parks. Beaches & Recreation Commission 1 0 � c� m,� �o � Page 8 9 o �0h `0h °o n City Council Chambers 7 p.m. INDEX Commissioner Grant pointed out that the petition is a reaffirmation of the application and shows that more people are informed on the matter. Director Whitley explained that 20 years ago there were half the number of existing courts, and that by the petition process -more courts were added. Motion x Commissioner Herberts moved to accept Ayes x x x x x x the Resolution as corrected by Commissioner Grant. Unanimous. Commissioner Demmer requested a response enclosing the new Resolution be sent to Mr. Berean. Director Whitley will comply. III. PUBLIC COMMENTS Mr. Fred Thompson, 124 East Bay Avenue, addressed the Commission as President of the Central Newport Beach Community Association. Referring to the 15th Street Park, he stated it was his understanding that the Department's policy is that 15th Street Park can be used for parking by the American Legion 6 times a year. The American Legion admits they use it 11 times a year. On Saturday, August 1, it was used without going through the special event process and someone opened the locks to allow parking on the grass. Mr. Thompson requested a uniform policy be adopted with no exceptions. Their annual meeting is September 10 at 7:30 P.M. to address such a policy. Director Whitley agreed the use which occurred August 1 was unauthorized and that the lock will be changed. He explained that for the past 4 -5 years the American Legion has had a key along with a training session to cover matters such as covering sprinkler heads, etc., which has worked fairly CITY OF NEWPORT BEACH Parks. Beaches & Recreation Commission _ a y o } o �o c�o� Page 9 0 �i� dJ 6�� 4, o �o �, �s °o City Council Chambers 7 p.m Park and Street Tree Division Recreation Division however, increased their special events and that today they were contacted concerning use permits and use of the key. Commissioner Grant noted that the Police Department can be contacted if Proper procedures are not followed. Director Whitley also pointed out that special event'applications are sent to the' Police Department unless it is a City sponsored program taking place. IV., INFORMATIONAL AND COMMITTEE REPORTS Item #10 - Park and Street Tree Division Chair Compton inquired about the status of Mr. Sipple's trees and Director Whitley explained the trees are still there and that he is in the appeal process to the City Council. In response to a question from Commissioner schonlau, Director Whitley advised that Mr. Sipple has up to six months to appeal to the City Council. Commissioner Herberts questioned why it takes several months in some cases to replace a tree when policy is that a tree be planted as soon as possible after removal. Director Whitley will pursue. Item #11 - Recreation Divsion In response to a question from Commissioner Demmer, Nancy Beard explained that 58 softball teams were turned away due to a lack of lighted facilities. \ Commissioner Glasgow encouraged the Department to look at alternate lit sites, such as the high schools. Director Whitley explained the high C.P•} nnl O .-1 --. -J -Ll '. A Park and Street Tree Division Recreation Division CITY OF NEWPORT BEACH Parks. Beaches & Recreation Commission Page 10 °h City Council Chambers 7 p.m. INDEX their fields do not adapt to our programs. Commissioner Grant reported two teams from the Marian Bergeson Aquatics Center qualified for the Junior Olympics and that four teams from the Alamo Cup qualified for the Olympics. Commissioner 'Glasgow requested that down time is needed on the heavily used facilities and that an on -going preventive maintenance schedule be implemented. Director Whitley explained that the Department and the School District meet quarterly and that he will bring this item up for discussion. Some facilities are maintained by the City and those by the School District are 1 not maintained to the Department's level of satisfaction. Item #12 - Tree Committee Tree Committee Commissioner Herberts reported their committee met without staff and reviewed 14 trees. They agreed with staff on all except one which was for removal. In response to a question from Commissioner Grant concerning the trees between the sidewalk and ocean, Director Whitley reported the Oceanfront Palm Tree Planting Program was discontinued due to lack of funds. This policy stated that if a resident requested a tree, the City would plant it and the owner would water it. In response to a question from Commissioner Schonlau, Director Whitley explained that, requests for Palms in front of oceanfront property 1} are referred to the Public Works Department since this is an encroachment in a public right of way. Commissioner Demmer requested the Tree CITY OF NEWPORT BEACH Parks, Beaches p � s & Recreation Commission Page 11 City Council Chambers 7 p.m. Recreation Program Committee Park and Open Space Committee denying a tree removal request, which she felt is impersonal and coul2d anger a resident. Commissioner Herberts agreed and advised the committee will discuss the matter. Item 013 - Recreation Program Committee No report from Commissioner Grant. Item #14 - Park and Open Space Committee Commissioner Demmer reported the committee met July 16 and August 3 and she passed out the minutes from the July 16 meeting along with the ordinance prohibiting vehicles on public parks. The need exists to assess if no parking skrould be enforced in all parks or if the ordinance should be rewritten for special events. They will meet September 21 following the Central Newport Beach Community Association's meeting on policy, and this item will be brought to the Commission's October meeting for action. Commissioner Demmer reported that improvements to 15th Street Park were discussed at their July 16 meeting and the five recommendations presented were unanimously approved. In response to a question from Commissioner Grant, Director Whitley explained that only maintenance vehicles are allowed on a public park. Commissioner Demmer reported that at their August 3 meeting they reviewed the Open Space Element of the General Plan and that these minutes will be transmitted with a full report to the Commission at their September meeting. Director Whitley passed out a letter just received from F.W. Evins, Vice President of Facilities Design and Recreation Program Committee Park and Open Space Committee CITY OF NEWPORT BEACH Parks, Beach sd es & Recreation Page 12 commission Citv Council Chambers 7 n m INDDC Beach Committee Bridget Committee Oasis Liaison Status of Capital Improvement Projects Process of reviewing the proposed linear and view park will start with the Park and Open Space Committee for recommendations to the Commission. The ,process will include notification to all adjacent property owners. Item #15 - Beach Committee No report from Commissioner Grant. Item 016 - Budget Committee Director Whitley reported the City is still on an interim budget until the state adopts their budget. Item 017 - Oasis Liaison Commissioner Demmer reported it has been a rewarding and valuable experience serving as the Oasis liaison and suggested consideration be given to appointing a liaison to: the Marian Bergeson Aquatic Center. V. DISCUSSION ITEMS Item 418 Status of Capital Improvement Projects Report received and filed. VI. SPECIAL URGENT OR LAST MINUTE ITEMS Chair Compton referred to the Commissions facility inspections and questioned if they should be done on a territorial or rotating basis., commissioner Glasgow suggested key sites be selected on a territorial basis and the rest rotated. Commissioner Schonlau felt different perspectives would be better attained from a rotation cycle. INDDC Beach Committee Bridget Committee Oasis Liaison Status of Capital Improvement Projects CITY OF NEWPORT BEACH Parks. Beaches & Recreation Commission s a Page 13 soh m, ns °o City Council Chambers 7 D.m. INDEX In response to a question from Commissioner Compton, Director Whitley advised that the Parks Division reviews the facility reports. He will report their results to the Commission and develop a new facility inspection schedule. VII. ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission meeting adjourned at 9:20 P.M. to reconvene at 4:00 P.M. on August 18, 1992 for a special meeting to discuss Goals and Objectives. The agenda for this meeting was posted on July 28, 1992 at 11:45 A.M. outside 1 the City Hall Administration Building. " Dottie` lohr, Secretary