HomeMy WebLinkAbout02/02/1993 - PB&R CommissionCITY OF NEWPORT BEACHItem
No. 3
Parks. Beaches & Recreation Commission
Motion
Ayes
February 2, 1993
Citv Council Chambers 7 n.m_
g d1P
P
0
Motion
Ayes
February 2, 1993
Citv Council Chambers 7 n.m_
Call to
Order
Roll Call
Approval of
Minutes
Adoption
of Agenda
Encroachmeni
Request
Ex- Officio Member Present: Ronald A
Whitley
Staff Present: Randy Kearns, Park
Maintenance Supervisor
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, Grant, Herberts and Vandervort were
present. Commissioners Glasgow and Schonlau
arrived at 7:06 P.M.
Item #3 - Approval of Minutes - Meeting of
Januarv, 5, 1993
X
Commissioner Herberts motioned the minutes be
X
X
X
X
X
approved as presented. Unanimous.
Item #4 - Adoption of Agenda
Commissioner Herberts moved the agenda be
adopted as presented. Unanimous.
II. ACTION ITEMS
Item #5 - Encroachment Request - 2495 Ocean
Blvd.
Director Whitley reported the public right of
way at 2495 Ocean Blvd. has been landscaped
resulting in complaints from neighbors in the
area. In reviewing the situation with other
departments, it was determined that the
,property owner should remove the plant
material in accordance with Ordinance and
Policy L -6, Private Encroachments in 'Public
Rights of Way. Mrs. McIntosh has requested by
letter that this Commission authorize the
encroachment as installed to be permitted.
Director Whitley presented recent
communications from the Corona del Mar
Community Association requesting the trees be
removed due to view impact, a chronology and
petition signed by 40 residents opposing the
landscaping as planted.
Director Whitley further reported he met with
the Planning Director who provided hoi„h+
Call to
Order
Roll Call
Approval of
Minutes
Adoption
of Agenda
Encroachmeni
Request
CITY OF NEWPORT BEACH
Parks. Beaches & Recreation Commission
P
o�'o �� Page 2
� 7l o
C °o � City Council Chambers 7 p.m. INDEX
presented shows the garage was built at 2.9'
above the curb line, which was within the
requirements of 3'' above curb line at that
time.
Commissioner Schonlau described his
interpretation of the property lines and
commented that a major ,point is the legal
property line, and that this Commission's
jurisdiction should deal only with the public
property which ends at the property line.
Chaif Compton agreed and suggested the
Commission approach the matter by assuming all
four Palms are on public property. Should one
or two be determined to be on private
property, then these will be reviewed by the
Planning Commission.
Chair Compton opened the meeting to public
hearing.
Kathleen McIntosh, 2495 Ocean Blvd., addressed
the Commission. Mrs. McIntosh presented
pictures of her driveway, garage roof and the
I )
surrounding landscaping which, she stated, was
approved by Public Works subject to the
owner's maintenance.
Mrs. McIntosh referred to Policy L -6, Section
B, wherein it stated that private
encroachments, such as tree and shrub
planting, require a permit from the Parks,
Beaches and Recreation Department. The policy
also states that if the department determines
the approved planting is not maintained for
view and safety clearance, the Municipal Code
shall be used to remove the offending plant
material.
Mrs. McIntosh pointed out that they tried to
be consistent with the landscaping in the area
by planting low density shrubs and palms. She
then presented pictures from various sites
across the street which she felt showed that
the.palms are not too visible compared to the
surrounding area.
Commissioner Vandervort questioned if the
Commission was to consider more than the four
Queen Palms, such as the Pygmy Palms which may
exceed height limit. Director Whitley advised
there is a condition on private property that
they not exceed 3' which has now been reduced
to zero.
� 1
In response to a question from Commissioner
Demmer, Mrs. McIntosh explained that their
landscape architect submitted their plan to
Public Works along with a letter of consent
from the adjoining neighbors. This plan
CITY OF NEWPORT BEACH
Parks. Beaches & Recreation Commission
sd
Page 3
City Council Chambers 7 p.m. I(`DEX
to build, however, they were told by Public
Works that any non structural change could be
used in the planting area.
Kent Moore, owner of the property at 2500 and
2502; Ocean Blvd., addressed the Commission.
Mr. Moore stated his property is directly
across the street from Mrs. McIntosh and that
he would be speaking on behalf of the Ocean
Blvd. residents and the Corona del Mar
Community Association. Referring to Mrs.
McIntosh's letter wherein she states "This is
an unusual piece of property," he pointed out
that at issue is the illegal planting of palms
in the public right of way that exceed the
City's granted variance of 3' above curb. He
further stated that the present owners bought
the property knowing the zoning limitations
and that they also use a public easement right
of way for garage access. Therefore, he
respectfully urged the request for an
encroachment be denied.
Stephen Piper, 2524 Ocean Blvd., addressed the
Commission and pointed out that this is the
f I
only site where the harbor can be seen in the
area. He asked the Commission to hold the
owner to'the conditions set when they bought
the property.
There being no further public hearing, Chair
Compton closed the meeting to public
testimony.
Motion
X
Commissioner Schonlau moved that all the Queen
Palms in the public right of way be removed.
Following a brief discussion on the growth.of
Pygmys which are at the subject location,
Commissioner Grant amended the motion to state
that all the Queen Palms in the public right
of way be removed and that the Pygmy Palms be
Ayes
X
X
X
X
X
X
X
retained providing they do not exceed 3' in
height. Unanimous.
Chair Compton advised Mrs. McIntosh that the
Queen Palms on public property must be removed
by March 2, 1993, and that she has the right
to appeal the Commission's decision to the
City Council.
Item #6 - Uses of Bonita Creek Park
Uses of
Bonita
Director Whitley reported the staff report
Creek Park
submitted contains the background and
situation at Bonita Creek Park. Due to the
concern over the high level of activity at the
park, the city Council requested this
commission to review the matter and make a
recommendation. Following requests from the
homeowners association to twice delay the
CITY OF NEWPORT BEACH
Parks. Beaches & Recreation Commission
sd
oh h �� City Council Chambers 7 a.m. INDDC
finalize a recommendation to the City Council.
Two letters have just been received, one from
Dan Rabun stating it was his understanding
that this would not be agendized until
requested in order to publicize the issue and
gain support. A second letter was received
from Dick and Sandy Nichols urging that the
park continue to be used for active
recreation.
Chair Compton opened the meeting to public
hearing.
Donald Pfaff, 2411 Via Marina, addressed the
Commission. Mr. Pfaff stated he is the 1993
President of Newport Mesa Jr. All American
Football which, in the past, has used Lincoln
and the Corona del Mar High School, but now is
home based at Bonita Creek. Mr. Pfaff
reported that their season is 3 -1/2 months
long, however, they only use Bonita Creek 2-
1/2 months since the first month the program
is located at Corona del Mar High School. In
1992 they fielded six teams for 8 -14 years old
which totaled 150 children from Newport Beach
and Costa Mesa. They have 50 community
volunteers and 75 cheerleaders under 14 years
old who use the park on Mondays and Wednesdays
from 6:00 -7:30 P.M. Night practice is
Tuesday, Wednesday and Thursday from 5:00 -8:00
P.M. In addition, they use the park only nine
Saturdays a year. These games are 2 hours
each and 4 games end at 5:00 P.M., 2 games end
at 7:00 P.M. and 2 games end at 9:00 P.M.
When the program is not at Bonita Creek, they
are playing at other cities.
Mr. Pfaff stated that they want to be good
neighbors for this very meaningful youth
sports program.
Chair Compton pointed out that at a previous
Commission meeting it was determined that no
stakes could be pounded before 8:00 A.M. Mr.
Pfaff replied that they are complying with
this directive and are attempting to resolve
the parking problem by parking farther away
from the park.
Commissioner Grant suggested Mr. Pfaff send
the Commission a letter explaining their
improvements which would then be forwarded to
the City Council with the Commission's
recommendation.
Commissioner Glasgow pointed out this is a
park for the City and serves the needs of the
children, and that every effort has been made
to address any problems in the park area.
In response to a question from Chair Compton.
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
ti p 91'5 �o- k Page 5
soh �`0h °a 0� City Council Chambers 7 p.m. INDDC
Bonita Creek area have been enhanced by the
park's close proximity.
Charles Vandervort, 1147 Pembroke Lane,
addressed the Commission. Being a proponent
of active parks, Mr. Vandervort urged the park
not be limited to football, but also include
such sports as soccer and softball. He
pointed out there are not enough active parks
in the City and that both children 'and adults
need space to play. He further added that he
took decibels at the site, result of which was
that the vehicles were louder than the
whistles.
Chair Compton concurred and reviewed the three
public hearings on the subject during which
time the users had a tremendous response and
there were only a few representatives from the
residential area. In addition, he pointed out
that other facilities in the City are
inadequate compared to Bonita Creek which
accommodates lighting, open space and parking.
The park is well used by the community and
there is a large participation for both
children and adults in such activities as
soccer, softball, football, picnics, etc.
Lastly, user groups have worked within the
parameters of potential problems such as
trash, parking and early use hours.
Commissioner Herberts stated that no one
appears to be consistently opposed to the ,park
except for Mr. Rabun.
Commissioner Vandervort pointed out that Jr.
All American Football uses the park only 4
months compared to other sports that use it 8
months. The fields also have dual usage and
the park is a premiere model which is
desperately needed.
Motion
X
Commissioner Herberts moved to strongly
Ayes
X
X
X
X
X
X
X
recommend to the City Council that the active
use of Bonita Creek Park continue as it
exists. Unanimous.
Upon Mr. Whitley's suggestion, the Recreation
Program Committee will transmit a letter to
the City Council which will be signed by each
Commissioner.
Item #7 - Tree Aoneal - 280 Evening Canyon
Tree
ree
Appeal
Director Whitley reported the applicant is
appealing the Tree Committee's decision to
retain the- Coral Tree at 280 Evening Canyon
Road. Background information is provided in
the staff report.
CITY OF NEWPORT BEACH
Parks; Beaches & Recreation Commission
_ y � a�
1 \o 0 ,5 � �o Page 6
m� o
City
Council Chambers 7 p.m. INDEX
Chair Compton opened the meeting to public
hearing.
Edward Jacklin, 280 Evening Canyon Road,
addressed the Commission. Mr. Jacklin stated
he ;disagreed with the Tree Committee's
decision that the tree is not hazardous. The
roots, particularly those in the front lawn,
have crushed his gas, water, and sewer lines
and have damaged two of his driveways. In
addition, he is concerned about the tree limbs
which, when over 2' in diameter, break and
have fallen into the street and across his
front yard. Mr. Jacklin stated this situation
is not only an immense hazard, but he is also
concerned about a potential lawsuit.
In response to a question from Commissioner
Vandervort, Mr. Jacklin replied that the two
limbs that broke 2 -3 years ago were lateral,
however, most of them grow upwards.
There being no further public hearing, Chair
Compton closed the meeting to public
t '
testimony.
In response to a question from Commissioner
Demmer, Director Whitley reported there have
been a few minor complaints in this area but
none of which are similar to Mr. Jacklin'`s.
Commissioner Glasgow recommended the Tree
Division conduct inspections more often than
the 2 or 2 -1/2 year pruning schedule in order
to anticipate such problems.
Randy Kearns noted that the Coral Trees are
more frequently trimmed on an as needed basis.
Commissioner Vandervort pointed out the Tree
Committee unanimously voted to retain the
Coral Tree since it is beautiful, worth
saving, and does not appear to be hazardous.
Commissioner Schonlau commented that the
applicant's case would have been stronger if
he had presented hard evidence such as
invoices.
Motion
X
Commissioner Grant motioned to retain the
Ayes
X
X
X
X
X
X
X
Coral Tree at 280 Evening Canyon Road. Unanimous.
III. PUBLIC COMMENTS
1
IV. INFORMATIONAL AND COMMITTEE REPORTS
}
Item #8 - Recreation Division
Recreation
�r
Division
Commissioner Herberts reported the seminar at
Oasis on aging parents is an excellent
program.
CITY OF NEWPORT BEACH
Parks. Beaches & Recreation Commission
_ s d�
Page 7
City Council Chambers 7 p.m. INDEX
Commissioner Demmer stated she felt all the
names submitted for the title of the spring
brochure were appropriate.
Chair Compton announced a group Commission
picture will be taken at the March 2 meeting.
Item #9 - Park and Street Tree Division Report
Park and
Street Tree
Commissioner Grant questioned when Lincoln
will be aeriated and Randy Kearns stated he
Division
will,follow up on this matter.
Chair Compton asked that the Natal Plum.at the
Grasso residence on the Peninsula be trimmed
to 3'. Randy Kearns stated staff will comply.
Commissioner Demmer requested that she meet
with staff concerning groundcover at Cliff
Drive Park since the erosion from the storm
was so severe. Randy Kearns concurred and
will set a meeting date.
Commisssioner Demmer commended Mr. Kearns on
the letter he sent to Mr. Jacklin and asked if
I
this was a form letter. Mr. Kearns explained
the letter was partially personalized for the
individual situation.
Referring to Nancy Beard's letter,
Commissioner Demmer felt it was confusing and
that the letter should have stated review
would be by the Tree Committee followed by
Commission review.
Randy Kearns reported that citizens requested
the division to landscape the project at 19th
Street on the bay side of the Peninsula. This
has been completed very successfully.
Randy Kearns also reported the palms on the
PCH medians in West Newport have been replaced
and that Cliff Drive Park will go to bid soon.
Mr. Kearns further reported that Governor
Wilson determined the recent storm to be a
disaster and the Department has requested over
$3,000 in reimbursement funds.
Mr. Kearns reported that the trees at 15th
Street Park have been replaced and the Sign
Shophas started making a sign for this site.
In response to a question from Commissioner
Herberts, Mr. Kearns will determine the.cost
i�
to remove a tree, roots and stump and report
back at the next meeting.
Item #10 - Tree Committee
Tree
Commissioner Herberts reported the committee
Committee
CITY OF NEWPORT BEACH
Parks. Beaches
s d�
& Recreation
Commission
City Council Chambers 7 p.m.
Recreation
Program
Committee
Park and
Open Space
Committee
Beach
Committee
Budget
Committee
Oasis
Liaison
Capital
Improvement
Projects
Cambria in Corona del Mar. At their meeting
Randy ]Kearns presented information on a State
Assembly Bill to standardize pruning trees
which addresses hazards caused by improperly
pruned trees.
Item #11 - Recreation Program Committee
No report from Commissioner Grant.
Item #12 - Park and Open Space Committee
No report from Commissioner Demmer.
Item #13 - Beach Committee
Commissioner Grant presented the new brochure
on Beach Volleyball Courts prepared by staff.
In response to a question from chair Compton,
staff will follow up on the status of the six
new sets of volleyball poles.
Item #14 - Budget Committee
Commissioner Glasgow reported he met with Dave
Mcdonnell to review the facility use fees. An
increase in fees will be proposed at the next
Commission meeting to reflect actual costs in
line with budget constraints.
Item #15 - Oasis Liaison
Commissioner Demmer reported that due to
budget cutbacks, the Steele Foundation will be
asked to sponsor the Oasis van drivers.
V. DISCUSSION ITEMS
Item #16 - Capital Improvement Projects
No discussion.
VI. SPECIAL, URGENT OR LAST MINUTE ITEMS
VII. ADJOURNMENT
There being no further business, the Parks,
Beaches and Recreation Commission meeting
adjourned at 8:55 P.M.
The agenda for this meeting was posted on
January 26, 1993 at 10:30 A.M. outside the
City Hall Administration Building.
rJ�
''Dottie Flohr, Secretary
Recreation
Program
Committee
Park and
Open Space
Committee
Beach
Committee
Budget
Committee
Oasis
Liaison
Capital
Improvement
Projects