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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