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Home My WebLink About06-01-1993 - AgendaCITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION COMMISSION • REGULAR MEETING TO BE HELD TUESDAY, JUNE 1, 1993 CITY COUNCIL CHAMBERS 7:00 P.M. I. PROCEDURAL MATTERS 1. Call to Order 2. Roll Call 3. Approval of Minutes - Meeting of May 4, 1993 4. Adoption of Agenda II. ACTION ITEMS 5. Castaways and Newporter North - Review and Approval .. (Report Attached) 6. Bayview Park Basketball Court - Request for Removal (Report Attached) 7. Tree Appeal - 56 Drakes Bay Drive (Report Attached) • III. PUBLIC COMMENTS IV. INFORMATIONAL AND COMMITTEE REPORTS 8. Recreation Division (Report Attached) 9. Park and Street Tree Division (Report Attached) 10. Tree Committee - Commissioner Herberts 11. Recreation Program Committee --Commissioner Grant 12. Park and Open Space Committee - Commissioner Demmer 13. Budget Committee - Commissioner Glasgow 14. -Oasis Liaison - Commissioner Demmer V. DISCUSSION ITEMS 15. Bi- Monthly City Council Agenda (June 28 meeting) 16. Capital Improvement Projects VI. SPECIAL. URGENT OR LAST MINUTE ITEMS VII, ADJOURNMENT CITY OF NEWPORT BEACH Item No. 3 Parks, Beaches & Recreation Commission sd May 4, 1993 • �� °��0. °� °� °�o� °h Citv Council Chambers 7 o.m. II ti�( Ayes Moti i Ayes Call to Order Roll Call Approval of Minutes Adoption of Agenda E1 Capitan Park Ex- Officio Member Present: Ronald A. Whitley Staff Present: Nancy Beard, Recreation Superintendent 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 Demmer, Glasgow, Grant, Herberts, Schonlau and Vandervort were present. Chair Compton was absent. Item #3 - Approval of Minutes - Meeting of April 6. 1993 )n X Commissioner Glasgow motioned the minutes be X X X X X X approved as presented. Unanimous. Item ' #4 - Adoption of Agenda )n X Commissioner Glasgow moved the agenda be X X X X X X adopted with the addition of Caltrans West to be addressed under Item #13 and Conference Report to be addressed as Item #17. Unanimous. II. PRESENTATION OF THE COMMUNITY SERVICES AWARD TO SHARON HAVRILUK Vice Chair Grant presented the Commission's Community Services Award to Sharon Havriluk for her many contributions to the community and particularly for her creation of the very successful Girls Bobby Sox Softball program. Vice Chair Grant stated that this award is on behalf of all those who have benefitted from her time and efforts. III. ACTION ITEMS Item #5 El Capitan Park Review and Approval Director Whitley corrected the staff report to read that the proposed park is unique (not vague) in that it is a park built and maintained by private sources. The land is owned by the Homeowners Association and will be developed privately. The City will have no maintenance responsibilities, however, the Call to Order Roll Call Approval of Minutes Adoption of Agenda E1 Capitan Park CITY OF NEWPORT BEACH Parks; Beaches & Recreation Commission Page 2 PP d� Citv Council Chambers 7 p.m. INDEX park, will be available for public use. A similar example is in Harbor View which has a green belt maintained by the Association which the public can use. Mr. Rick Vanderwood, consultant to The Irvine company, presented a graphic of the proposed park and gave a brief overview. Mr. Vanderwood explained that this will be a passive park to be used as a buffer between the Spyglass Hill and Newport Ridge communities. i Mr. Vanderwood explained that native and indigenous plant material will be used. The landscape will incorporate reclaimed water irrigation as well as the use of non irrigated areas. Vice Chair Grant commented that it is City policy to have active recreation areas near school sites. Mr. Vanderwood clarified that should a school be built, the flat area of the park would be deeded in a joint agreement to • allow for active recreation use. Vice Chair Grant stated that it is important that the homeowners in this area are aware that this portion of the park could become active. Mr. Vanderwood agreed and advised that such disclosure documents are being prepared. Vice Chair Grant recommended that there be a footnote on the plan stating this is a potential active recreation site and that the disclosure be expanded to designate the active sports which'would•involve whistles, etc. Director Whitley pointed out that the proposed park requires a Conditional Use Permit from the Planning Commission. Technically the park does not have to be addressed by this Commission, however, the Planning Commission has requested review and approval in concept. Vice Chair Grant suggested the Commission transmit their comments to the Planning Commission along with acknowledging that this is their area of responsibility. Motion X commissioner Glasgow motioned that the Director transmit in writing that this Commission recommends that there be clarification that if and when the park • becomes joint use with the school that there will be flexibility to allow active sports, and that the homeowners are aware that there may be whistles and sports. This disclosure is intended to alleviate future problems. Ayes X X X X x X Unanimous. CITY OF NEWPORT BEACH Parks. Beaches & Recreation Commission • 3�0_ ��h�� Page 3 05n City Council Chambers 7 P.m. INDDC Item. #6 - Tree Appeal - 29 Cambria Drive Tree Appeal Vice Chair Grant opened the meeting to public testimony and Mr. Aubrey Doell, 29 Cambria Drive, addressed the Commission. Mr. Doell reported that he purchased his home in 1986 and did a complete landscaping. In December a 21 foot lower branch from the subject tree broke off in the parkway and was removed by City crews. Mr. Doell stated this is the only tree of its type on his street and he feels it is not only a messy tree but that the roots are clogging the drain by the curb and raising the ground around the tree. Mr. Doell further stated when the drains were cleared by Roto- Rooter that they recommended the tree be removed. Mr. Doell urged the tree be removed and, if necessary, a new tree be planted that conforms with the area and is not messy. Commissioner Demmer observed that the street looks denuded and questioned if this is a City • tree since there are no others in the area. Commissioner Glasgow stated there appeared to be no cracks in the sidewalk and that the tree has been recently pruned. There being no further public testimony, public hearing was closed. Commissioner Vandervort reported that when she visited the site she pulled out a handful of white, shiny roots. She took these to Roger's Gardens and was told they were from Queen Palms roots. Since•it was an expert's opinion that Mr. Doell's Palms are causing the problems, she recommended the healthy Melaleuca remain. Vice Chair Grant opened the meeting to public hearing and Mr. Aubrey Doell addressed the Commission. Mr. Doell reported that Roto- Rooter only went to the inside edge when water gushed out and that they were convinced the problem was the Melaleuca. There being no further public testimony, Vice Chair Grant closed the meeting to public hearing. Commissioner Herberts reported the Melaleuca is the designated street tree for Cambria • Drive. She felt the tree is healthy and a nice size although it could use some shaping. She -observed no damage to the hardscape and felt the drain might be defective. she agreed the street is denuded which is another good reason to keep the tree. CITY OF NEVWORT BEACH Parks. Beaches & Recreation Commission d .o ci � �� Page 4 o� 0�'9 y� 6IDA oil o eo �, °o '� City Council Chambers 7 p.m. INDEX Motion Ayes X X X X s X X X commissioner Herberts reported six neighbors came to the Tree Committee's meeting and all were disturbed by the lack of trees in the area. The Tree Committee will work with them to reforest the area. Commi issioner Demmer motioned to retain the tree at 29 Cambria Drive. Unanimous. Vice Chair Grant advised Mr. Doell he has the right to appeal the Commission's decision to the City Council. Item #7 - Tree Appeal - 56 Drakes Bay Drive Tree Appeal Director Whitley reported Mr. Miller requested this item be postponed to the June meeting. The Commission unanimously agreed. Item #8 - Facility Fee Increases Facility Fee Nancy Beard presented a supplement to the Increases staff report which clarifies the exact fee changes for the Alcoholics Anonymous, Cocaine • Anonymous and Overeaters Anonymous groups. Commissioner Glasgow reported the committee formed a new classification for community outreach groups which provide a valuable service to the community. They recommended a fee of $8 per hour and that those groups that are below this rate would be given a $1 /hour increase per year until they reach $8 /hour. Commissioner Glasgow reported they researched other cities in adopting the new fees and pointed out that the non - resident users will be the most penalized. Facility fees currently bring in about $44,000 and the proposed fees should generate $9,000 - $10,000 more. Motion X Commissioner Glasgow moved to adopt the Ayes X X X X X X proposed new fee schedule. Unanimous. Director Whitley commended the committee on their thorough work. IV. PUBLIC COMMENTS Public Comments was addressed following Item #7. Sharon Foster, 177 Riverside Drive, addressed the Commission on the recent termination of a • contract instructor. She posed several questions, namely, (1) How teachers are evaluated; (2) If a teacher is terminated, are only the complaints considered or is there consideration for those students in support of the teacher; (3) Can the teacher see the complaints; and (4) Is there a method whereby CITY OF NBNPORT BEACH Parks.. Beaches & Recreation Commission • 3� � �� °�6 °h � °o� � '' Page 5 o ti o City Council Chambers 7 p.m. I�DDC the students can protest a termination. Nancy Beard explained that staff recently terminated a contract yoga instructor. The contract, which is signed by each instructor, states that both the City and contractor have the option of terminating the Agreement by giving ten days prior written notice. The yoga instructor was let go by the supervisor due to a number of reasons that included complaints by students and problems between the instructor and supervisor. Director Whitley advised that this Commission be aware that they have no jurisdiction in personnel matters. i Nancy Beard reported there has only been one letter received complaining about the termination of this instructor, and that all letters are welcome on behalf of an instructor. However, since this is a contract instructor, the issue is between the instructor and the Department. Since the • instructor's attorney has contacted the Department, the matter is now with the City Attorney's office. Vice Chair Grant thanked Ms. Foster for appearing and voicing her opinion. V. INFORMATIONAL AND COMMITTEE REPORTS Item #9 - Recreation Division Recreation Division Nancy Beard invited the Commissioners to participate in the popular Corona del Mar Scenic 5K Race on June 5 and Commissioner Demmer volunteered her services. Commissioner Herberts questioned why any contract instructor may be terminated. Nancy Beard explained it is typically a maintenance problem, namely, losing keys, and not locking doors and windows, in addition to not notifying the office when class hours are changed, classes are cancelled and substitute teachers used. Commissioner Demmer referred to the staff report wherein it states that the gross revenue from one softball season is $90,000. Since the Department must turn away adult teams, she recommended creatively pursing ways • to add more teams to generate even more revenue. Commissioner Glasgow pointed out that the youth teams require fields also and that a i balance needs to be met. CITY OF NEWPORT BEACH Parks. Beaches & Recreation Commission ti w� May 4, 1993 • ��o. 9��h° c��o�c�oX Page 6 Citv Council Chambers 7 p.m. INDEX Park and Street Tree Division Tree Committee Recreation Program Committee Commissioner Schonlau reported that one solution would be to purchase Caltrans 'West for active adult fields. Item #10 - Park'and Street Tree Division i In response to a question from Commissioner Schonlau, Director Whitley reported that the drought is officially over. Item. #11 - Tree Committee Commissioner Herberts reported six well informed homeowners from the Spyglass Association attended their last meeting. They were disturbed over the lack and continuity of trees in their area and conducted a very thorough inventory of the community and researching appropriate trees to be planted. They are requesting the Bronze Leaf Loquat replace those trees that have been removed and that only unhealthy trees be removed and replaced with the Bronze Leaf Loquat. • Commissioner Herberts reported -the Tree Committee agrees with them in concept, however, they will have to address the subject of funding. Director Whitley explained that the Bronze Leaf Loquat is a good tree for this area and that anyone can call to request one. "C.J." Pilkerton, an arborist consultant, was hired to make recommendations on the entire tree program, such as equipment, personnel and organization. In response to a question from Commissioner Schonlau, Director Whitley advised the Bronze Leaf Loquat can be planted in vacant sites and that there is money in the budget to do so. In response to a question from Vice Chair Grant concerning Broadmoor's past request for trees, Commissioner Herberts explained that this was a different situation wherein they requested a removal /replacement program which they would help financially. Commissioner Herberts reported a homeowner was caught removing a City tree and read the letter transmitted to him from the city • Attorney asking for reimbursement in the amount of $2,385. Item #12 - Recreation Program Committee Vice Chair Grant reported the committee's recommendations will be submitted at the June meeting. Park and Street Tree Division Tree Committee Recreation Program Committee CITY OF NEWPORT BEACH Parks. Beaches d� • 0 0 �i �. °�o s rn W 6� �� 7J � WG o� s • 0 & Recreation _Page 7 Commission City Council Chambers 7 p.m. ` commissioner Demmer reported the Health Fair was enormously successful and that staff will incur one layoff in the new fiscal year. VI. DISCUSSION ITEMS Item #16 - Capital Improvement Projects In response to a question from Vice Chair Grant concerning the American Disabilities Act program, Nancy Beard advised that all City facilities and parks will eventually be made accessible to the handicapped through City ua Park and Open Space Committee Budget Committee Oasis Liaison Capital Improvement Projects Commissioner Glasgow reported the U.S. Senior Men's National Outdoor Water Polo will be held at the Marian Bergeson Aquatics Center on May 21 -23 and that the Alamo Cup will be playing Cuba on June 12 -13. In addition, the Aquatics Board has purchased new signs for the timing system. Vice Chair Grant reported the U.S. National Water Polo team has requested to use the Marian Bergeson Aquatics Center as their home base! The Recreation Program Committee will discuss the matter in terms of scheduling issues. Item #13 - Park and Open Space Committee Director Whitley passed out information from the Committee for Acquisition of Caltrans West. This is an initial effort to acquire Caltrans West and will be on the Commission's June agenda as a discussion item. In response to a question from Vice Chair Grant, Director Whitley explained that a formal request for a General Plan Amendment is first transmitted to the City Council. If the amendment is deemed feasible, it is sent to the Planning Commission which would then ask for this ' Commission "s review 'and recommendations. Commissioner Schonlau requested Director Whitley contact the City Attorney concerning the legal ramifications of down zoning since it may be illegal to reduce property values. Director Whitley will pursue. Director Whitley clarified the exact location of the proposed acquisition and pointed out it is wide enough for an active park, however, at this time there is no direct access. Item #14 - Budget Committee No report from Commissioner Glasgow Item #15 - Oasis Liaison ` ua Park and Open Space Committee Budget Committee Oasis Liaison Capital Improvement Projects CITY OF NEWPORT BEACH Parks; Beaches & Recreation Commission sd • �° ��w� �6��^�'�h� `�o� Page 8 - - o_ . o City Council Chambers 7 p.m. INDEX Conference Report funds. The San Miguel Park play equipment area has just been completed in accordance with ADA standards. Item #17 - Conference Report Commissioner Vandervort reported she attended the California and Pacific Southwest Recreation and Park Conference in San Francisco on March 11 -14. She gave an overview of the conference and briefly described the exhibits and sessions she attended. Commissioner Vandervort stated she was nominated and accepted to be on the State Board of Directors of CAPRCMB. On May 1 and 2 she attended a Board meeting in Culver City and will also be serving on several of their subcommittees. The 46th Annual California and Pacific Southwest Recreation and Park Conference will be held in Anaheim on February 3 -6, 1994, and • she encouraged the Commissioners to attend this worthwhile program. Vice Chair Grant thanked Commissioner Vandervort for her time and dedication. VII. SPECIAL. URGENT OR LAST MINUTE ITEMS VIII ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission adjourned at 8:50 P.M. The agenda for this meeting was posted on April 26, 1993 at 11:40 A.M. outside the City Hall Administration Building,.,,__ Dottie Flohhrk�' Secretary i Conference Report Item No. 5 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department DATE: May 24, 1993 TO: Parks, Beaches and Recreation Commission FROM: Recreation Superintendent SUBJECT: CASTAWAYS AND NEWPORTER NORTH PROPERTIES The Parks, Beaches and Recreation Commission, is being requested to review and conceptually approve the acquiring of the Castaways and Newporter North properties by the Assessment District process. The City Council must take action by July for this item to be placed on the November ballet. Members of the Newport Conservancy will address the Commission on this item. P • jNany Be '"lO� CONSERVANCY VOL. 1. NO.3 A QUARTERLY PUBLICATION SPRING 1983 The Newport Conservancy is a nonprofit organization, dedicated to identifying, protecting and preserving for present and future generations, the integrity of those Newport Beach properties valued for their resources, their educational and recreational potential, and their cultural significance. The suspense mounts What will'be the price of Upper Castaways and Newporter North? Jean Watt Wince the last Newport Conservancy News, The Irvine Company and The Newport Conservancy have made major progress toward a mutual understanding: that acquisi- tion of the Upper Castaways and Newporter North sites for public open space use is desirable and a worthy goal for all segments of our community. To date, the Company and the Conservancy, as parties to a Memorandum of Understanding, have completed a new appraisal to establish the fair market value of the properties. It appears that we are seeking this acquisition at an op- timal time. The fair market value has tumbled from over $100 million for both sites in 1990 to just over $80 million in 1992 and finally, to just over $69 million in 1993. The suspense now is over the negotiations for the final price. Through the efforts of Scott Parker and Will Rogers of The Trust for Public Land, negotiators for the Conservancy, the price is expected to be even less. 0 - So, stay tuned! We expect to conclude suc- ssful•negotiations soon. When the final price is determined, the real campaign will begin. . Please call the Conservancy office, 714/548 -1438 if you would like more information or if you can help with the cam- paign. MARK YOUR CALENDAR' NOW! THE NEWPORT CONSERVANCY'S QUARTERLY CHARTER MEMBERSHIP' GATHERING, WEDNESDAY, MAY 19TH 5-7P.M., NEWPORT DUNES CLUBHOUSE ROOM With a talk by PAUL APOD_ ACA on NATIVE AMERICAN LEGACY IRTHE UPPER NEWPORT, BAY PaubApodaca, a Native American curator at Bowers Museum and profes- sor at Chapman University, will speak about the presence of the Gabrielino Indians in the Back Bay as. evidenced by the important archaeological find's 0u the Sites. PLEASE BRING: 'GUESTS RSVP' 548 - 1'4381 Site group works to finish plans Willis Longyear SUMMARY OF PUBLIC OPINION SURVEY RESULTS PREFERENCES FOR NEWPORTER NORTH Protected wildlife habitat, little public access Q Primarily wildlife habitat, hikingtralls, view sites Wildlife habitat, trails, view sites, educational facilities Combination of wildlife habitat and recreational fields Primarily game and play fields, limited wildlife habitat Q PREFERENCES FOR UPPER CASTAWAYS Primarily wildlife habitat, hiking trails, view sites Open fields, trails, view sites, gardens, wildlife habitat Mix of game and open play fields, trails, view sites Game and open play fields, amphitheater, restaurant hould baseball and soccer fields share space with sensi- tive wildlife habitat on Newporter North? Should a recreation of the original Castaways Restaurant overlook the Bay from the bluff top of Upper Castaways? Or should the public be totally excluded from both proper - tes, reserving them for birds and furry creatures which claim WUpper Newport Bay and surrounding undeveloped uplands as their home? Confronted with the awesome responsibility of creating the all important initial definition of how Newporter North and Upper Castaways should be developed to serve the needs of present and future generations of local area residents, the Site' 'Plan Working Group started its work last Fall by enlisting public opinion to guide tough choices among many conflict- ing possibilities. A questionnaire was sent to community leaders =and civic minded citizens. Interviews were ;conducted. Hundreds of pages of data were collected, and only recently have final results been tabulated for consideration by the Working Group. The survey indicates that some respondents advocate game fields on Newporter North and a commercial center. on Upper Castaways. Others were equally concerned that both proper- ties should be fenced off for exclusive use by wildlife.. How- ever, the majority favored "user friendly" blends of com- patible usage for each site: a wilderness theme for Newporter North, with shaded walking trails and remote view sites care- •fully skirting restored wildlife habitat,, and a recreational open space, theme for Upper Castaways with unlit gamd'fields, grassy play areas, native plant gardens, bluff top trails, and shaded rest areas overlooking the Bay. Spring 1993 1� Preliminary plans incorporating these features were discussed in detail with the many members who attended the Conservancy's February meeting. They were also introduced to a num- ber of public opinion focus groups to acquaint them with the Conservancy and its open space acquisition pro- gram. The preliminary plans were en- thusiastically received and are now returned to the Site Plan Working Group for finalization of details. Aerial and ground level photos will guide the group's graphic artist to sketch overhead "bird's eye" and ground level "through the trees" views to enable first time viewers to visualize the wilderness and parkland environment which will some day greet visitors to the two properties. Completion of the considerable work remaining, with finished graphics suitable for publication, is scheduled for June. Upper Newport Back Bay, oil /canvas, 1993, George Tapley. George is showing "Scenes from Back Bay." July 1 -31, 1993. Newport Center Library. Opening'reception, July 11, 1 ' 4 pm. Public invited. 2 Newport Conservancy News Item No. 6 CITY OF NEWPORT BEACH is Parks, Beaches and Recreation Department DATE: May 24, 1993 TO: Parks, Beaches and Recreation Commission FROM: Recreation Superintendent SUBJECT: BAYVIEW PARK BASKETBALL COURT REMOVAL REQUEST Attached to this report is a current request from Patricia and Alvin Cox,to remove the basketball court at Bayview Park. Also attached is the 1991 agenda item regarding the same request, a previous letter by the Cox's and the Parks,, Beaches and Recreation Commission meeting minutes regarding Bayview Park. Following the January 28, 1991 discussion, Recommendation #5 has been implemented and a photo of the existing signage is also attached to this report. • • N--� April 30, 1993 • From: Patricia and Alvin Cox 2612 Mesa Drive Santa Ana Heights, Ca. 92707 To: Newport Beach City Council 3300 Newport Blvd. Newport Beach, Ca. 92662 Re: Basketball Court in Bay View Park Dear Council Representatives: In an attempt to make our community a made in the process. Unfortunately, thes e of the basketball court in Bay View Park, be implemented as soon as possible. F,5 QmM7 "(0 bcr\H� tj�3 1 0cv_ wtr> Y%rowp w nJ!w a`L (nc3 iiblr%yuyy .+J�CJi�.ven G• �L; MWr better place to live. mistakes are often a simple solution is mistakes as sometimes irreversible. In the case at hand and I hope it will As evidenced by the lack of provided parking, this park was intended for neighborhood use only. The history of give- and -take in Santa Ana Heights has been well documented and I won't go in to that here. Unfortunately, park use by many neighbors is inhibited by the basketball court, which attracts mobs of young men from outside. The games often get 'heated and the swearing gets loud and intense. Alcoholic •beverages are sometimes contributory. No restrooms are provided, so they urinate in the nearby bushes in an obvious fashion. Additionally, we suffer an undue burden as these participants continue on to our private property to drink water from a hose or pick the fruit in our orchard. It is our bushes into which they urinate. The noise from the ball bouncing and yelling is intolerable from our home and even worse from our son's family home at 2613. Several of the property owners in the J.M. Peters tract are adversely impacted by the noise and are complaining, as well. As a solution we would like to have the court removed irom the upper portion of the park. 'Preferably, a passive park would be established, where children and families could fly kites,'run dogs, play catch... in a relaxed, wholesome setting. We would consider sharing in the cost of concrete removal and replanting, but also believe that it could be left for skating, etc. Thank you for your attention to this matter. Sincerely, �a P�tfjGi� Cox Item No. 13 • CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: January 28, 1991 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: REQUEST TO REMOVE BASKETBALL COURT WITHIN BAYVIEW PARK The City of Newport Beach acquired Bayview Park from the County of Orange when the Bayview Community, built by the J.M. Peters Company, was annexed into the City about four years ago,. I have contacted the County and they indicated that public meetings were held with local residents on the development of this local park. DISCUSSION• As in many of our facilities, the activity that occurs within the • park is disrupting to adjacent neighbors. Each situation is different and must be reviewed and evaluated on an individual basis. RECOMMENDATIONS AVAILABLE: 1. Retain the basketball court. 2. Remove the basketball court. 3. Relocate the basketball court. 4. Remove the backboards to see what reaction is received from users. 5. Post Conditions of Use on the court. If there are questions regarding this matter, please feel free to give me a call. A visit to the park would be helpful in reviewing this matter. The park can be reached by taking Mesa Drive through the Santa Ana Heights area. eitley Ronald A. 3 �- r1 u 3 January 1991 Mr. Taylor Grant City of Newport Beach Parks, Beaches & Recreation Dept. 3300 Newport Boulevard Newport Beach, California 92659 -1768 Dear Mr. Grant: " Approximately 4 years ago, a basketball court was installed within the Upper Bay Park as part of the J.M. Peters project. In my opinion, this court has created a public nuisance. According to the environmental management agency for the County of Orange, an Environmental Impact Report regarding this court was never prepared. • It is my hope that the video tape recordings which I have presented to Mr. Ron Whitley will help depict what I feel are unreasonable conditions due to the basketball activity occurring less than 75 feet from my dining room and kitchen windows. 1. In addition to the obvious direct impacts of noise and loss of privacy are the Indirect impacts of car parking which crowd our streets and create added safety hazards for the local residents and families. The Upper Bay Park was` portrayed by county officials to be a local passive park to complement the surrounding ecological preserve. In reality, the basketball court'has attracted users from outside the local community as evidenced by the car traffic from the players. On occasion I have contacted the police about the obscene language and public alcohol consumption by the basketball crowds - often carrying on into the night. Little, if any, response has been given. On one particular occasion, 1 respectfully requested that a certain group refrain from abusive behavior and loud profanity. I ended up being personally accosted and • eventually attacked by several individuals in the group. (Mr. Whitley is in receipt of the police report taken.) 33 �e I� u Unless you've personally experienced living next to a public basketball court, it's impossible to understand what has become for me an ever Increasing nightmare. The language used and the constant haggling are certainly not compatible with residential family living. I respectfully request that your commission ask for the removal of the basketball court, ensuring that the park is compatible with the original intent of a passive residential park. Sincerely, Alvin E. "Buddy" Cox cc: Robert Wynn Ron Whitley ✓ •' Phil Sansone Clarence Turner 1 N 6X- i .:,i y•• \::�.� .. j. L9` I �' i .. 1 -J : L' ' "1 � Lij. J �'. i. ;., ` ',! z�: <'', �G r _ ,f �. f. +. ''� t- .. ' u'.i fl i t _, r �' �,,.� i Y r_. -. n.' • . i, .. �. CITY OF NEWPORT BEACH • • arks, Beaches & Recreation Commission Page 7 City Council Chambers 7 p.m. INDEX Johnson has continued to be very active in the City's park development plans. Mr. Mike Johnson, 5803 Seashore Drive, addressed the Commission. He reviewed the 1976 park bond issue which received a 64% vote, however, a 66% vote was needed and the vote undoubtedly failed due to poor press coverage. Mr. Johnson explained the formation of Newport Conservancy which is now incorporated and will be non profit and act as an element to attract funds for acquisition of active and passive open space. He invited the Commissioners to attend their next meeting on February 27. Mr. Johnson read and distributed the guidelines of the Newport Conservancy and urged the Commission implement another bond issue. He further recommended the Commission consider a bird sanctuary in the City as endorsed by the Newport Conservancy. Mr. Johnson then showed an interesting slide presentation from 1936 showing the growth of . Newport Beach and some of the sites still available for open space which, had the bond issue passed, would be paid off by 1997. Mr. Johnson urged the Commission to recognize that it is not too late to place a bond issue on the ballot to obtain open space. VI. ACTION ITEMS Item #13 - Request to Remove Basketball Court Request to Within Bavview Park Remove Basketball Director Whitley reported the subject park was Court Wi.thih developed through the County system and several Bayview Park meetings were held for public input. The City acquired Bayview Park when the community was annexed into the City. In addition to the B recommendations available as shown in the report submitted, a 6th alternative would be to retain a half court. Commissioner Herberts inquired if there had been any complaints other than the one received and Mr. Whitley advised there were none. 2� CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission City Council Chambers 7 p.m. INDEX Commissioner Konwiser noted the park is easily accessible from Mesa Drive but not on the other side, and Director Whitley explained this is , because Bayview Community is private and they did not want public access. Chair Grant asked if the court had been posted and Director Whitley responded it had not, however, there is signage that play not begin before 8:00 A.M.-and after sundown. Mr. Buddy Cox, 2613 Mesa Drive, Santa Ana, addressed the Commission and stated he felt the original intent of the park was to be ,passive. His home is 75' from the court and the foul language, noise and- parking problems are not compatible with a family atmosphere. He further • stated most nearby residents do not use the court and he asked that it be removed. Commissioner Herberts commented she visited the site in the late afternoon and saw no bikes or extra cars. The ten young players were very . courteous and lived in a nearby tract. In response to a question by Commissioner Vandervort as to what other activities are conducted in the park, Mr. Cox explained that baseball, football, frisby, soccer and hockey are played there. Commissioner Compton agreed that parking could be a problem, however, when he visited the site on Sunday only 2 children were there. Since the City is lacking in facilities, he favored retaining the court and suggested new signage be installed and the area.be patrolled for parking. Mrs. Pat Cox, 2612 Mesa Drive, Santa Ana, addressed the Commission. She reported the basketballs constantly beat outside her bedroom; bad language is used and the noise is • unbelievable. She felt that although it is a wonderful park, most of the children �{ are not from her neighborhood and a bad element.is moving in. There being no further public testimony, Chair Grant closed the meeting to public hearing. 21 CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 9 City Council Chambers . 7 p.m. INDEX In response to a question from Commissioner Demmer, ' Director Whitley explained the neighborhood park was put in for the area as a condition of development by the County. The development was then annexed upon completion to Newport Beach. The County has a passive park next to the neighborhood park which ties into the upper bay regional park system. Commissioner Konwiser observed that when he visited the area parking was available and he did not see this as a major problem. He recommended a more complete sign be posted and the court retained. Chair Grant pointed out the court is for the enjoyment of all in the area, including County and City residents, and that many homes do not • have easy access to any other park. Commissioner Herberts stated she sympathizes with the noise factor and the rights of one person, however, the City is short of recreational facilities and the park was designed for the community,. She recommended keeping the court and using plantings for a buffer zone. Motion x Commissioner Compton motioned to retain the park Ayes x x x x x in its present configuration and adopt proper Nay x signage and encourage enforcement. Seconded by Commissioner Konwiser. Motion passes. Item #14 - Tree Removal Request Appeal - 2169 E ree Removal Ocean Boulevard Request ppeal Mr. Don Hammono, 2169 E. Ocean Boulevard, addressed the Commission. He reported he maintains the bricks in front of his home and every 2 years the roots lift up the sidewalk and bricks, causing trip and falls and'repair of both his and his neighbor's bricks. In addition, his drains have been plugged and the trees are going • into his patio and drop messy berries in the summer. He stated he has no objection to other tree(s) being planted', but urged the present ones be removed due to root damage and safety hazards. Commissioner vandervort questioned why the trees 0 • 2� r, • • Item No. 7 CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: May 24, 1993 TO: Parks, Beaches and Recreation Commission FROM: Recreation Superintendent SUBJECT: TREE APPEAL - 56 DRAKES BAY DRIVE This item was postponed from last month's meeting as per the applicant's request. It, therefore, comes to this Commission meeting for action. zA 1 - -'- - Item No. 7 Ron Whitley City of Newport Beach Parks, Beaches and Recreation Department Post Office Box 1768 Newport Beach, California 92658 Re: Flowering Pear Tree at 56 Drak Corona del Mar, California Dear Mr. Whitley: This is to respond to Randy Kearn's letter of March 31, 1993, directed to my wife, Nancy'Miller, concerning the mature flowering • pear tree located in front of our home at 56 Drakes Bay Drive, Corona del Mar. This is to formally object to the City's proposal to remove this tree and to appeal the decision of the Tree Committee concerning this matter. �J We have lived at the above address since June 1988, and during that period the tree has posed no threat to anyone. Until this year, the tree has suffered from extreme neglect by the City: this is the very first year the City has even attempted to prune the tree, (although your initial proposal was to tear it down). Until that time, the Park & Tree Department has failed 'and refused to provide any care for the tree. All pruning and care has been performed by me at great effort and expenditure of my time. The tree has survived storms in 1989 and 1993., and pear blight in 1990 and 1991. The Park and Tree Department did NOTHING to assist the tree during the rains and the pear blight. We were told that the tree would fall over, that the blight would kill it and that the City intended to remove it. The Department did nothing to treat the tree or remove the tree contemporaneous with any of these problems. The tree is now healthy, deeply rooted and an attractive mature tree. Regular pruning in January and February of each year (C: \JAM \City- NB.ltr) I 25 OFFICES OF ' •RONALD K. BROWN, JR. + GOOD, GOOD, WILDm-&w, HEoigEss & WALLEY ROY M. GOOD G. BRIAN CHRISTIE GARY ALDO DAPELO'. 5000 CAMPUS DRIVE (RETIRED) JAMES R. E JAMES R. ELD FEED MAN NEWPORT HEACB, CATntORNjA 02880 PAUL W. WILDMAN PAUL C. H EG N E55 (1924.1983) LISA M. KITSUTA (714) 9SS•1100 JOHN ANDREW MILLER AARON P. MORRIS OF COUNSEL THOMAS J. O'KEEFE+ LOUIS A. CA PPAOONA O N P. REYNOLDS JOHN A A. A:AN .THAM. FAX (7I4) 833 -0833 DOUG LA VIC KER Y TTHOMASSE.WALLEY April 15, 1993 +A PROFESSIONAL CORPORATION Ron Whitley City of Newport Beach Parks, Beaches and Recreation Department Post Office Box 1768 Newport Beach, California 92658 Re: Flowering Pear Tree at 56 Drak Corona del Mar, California Dear Mr. Whitley: This is to respond to Randy Kearn's letter of March 31, 1993, directed to my wife, Nancy'Miller, concerning the mature flowering • pear tree located in front of our home at 56 Drakes Bay Drive, Corona del Mar. This is to formally object to the City's proposal to remove this tree and to appeal the decision of the Tree Committee concerning this matter. �J We have lived at the above address since June 1988, and during that period the tree has posed no threat to anyone. Until this year, the tree has suffered from extreme neglect by the City: this is the very first year the City has even attempted to prune the tree, (although your initial proposal was to tear it down). Until that time, the Park & Tree Department has failed 'and refused to provide any care for the tree. All pruning and care has been performed by me at great effort and expenditure of my time. The tree has survived storms in 1989 and 1993., and pear blight in 1990 and 1991. The Park and Tree Department did NOTHING to assist the tree during the rains and the pear blight. We were told that the tree would fall over, that the blight would kill it and that the City intended to remove it. The Department did nothing to treat the tree or remove the tree contemporaneous with any of these problems. The tree is now healthy, deeply rooted and an attractive mature tree. Regular pruning in January and February of each year (C: \JAM \City- NB.ltr) I 25 • Ron Whitley City of Newport Beach April 15, 1993 Page 2 will help to keep it healthy and well formed and prevent it from causing any hazard. As a further response to the claims that the tree represents a hazard, from 1988 through April 1992, we owned a Ford Aerostar Van, a vehicle which is considerable higher than most passenger automobiles and trucks regularly used by area residents. We were able to and did park the van immediately adjacent to the curb under the tree on numerous occasions without the tree coming close to touching the van, either on the side or on the top. The only vehicles which might present a problem at all are huge commercial vehicles driven too close to the curb. Such vehicles should not be driven on our residential streets and most drivers of such vehicles are professional and trained to avoid objects of that kind. In sum, we would like to retain the tree currently on our property and not have it replaced by a small tree which will take . years to achieve the stature and beauty of the current tree. This will save the City money and avoid desecrating the environment. ' Very truly yours, 0�04) 44D 404' John Andrew Miller JAM: cc • ��O 2'fo (C: \JAM \City- NB.ltr) 0 CITY OF NEWPORT BEACH PARKS. BEACHES AND RECREATION DEPARTMENT P.Q. BOX 1768. NEWPORT BEACH. CA 92658.8914 (714)644 -3151 March 31, 1993 Mrs. Nancy Miller 56 Drakes Bay Drive Corona del Mar, Ca., 92625 Dear Mrs. Miller: Your tree has been reviewed and examined on site, by the three Parks, Beaches and Recreation commissioners and the City Tree Supervisor. A rec- ommendation has been made to remove this tree and replace it with another Evergreen Pear. The reason for this is due to the tree leaning into traf- fic in a way that could cause vehicle damage liability to the City. Your recourse in this matter includes an appeal of the Tree Committee's • decision to the full Parks, Beaches and Recreation Commission. If you wish to do so please send a letter stating that to Ron Whitley,'C /0 P.B.& R. Commission, City of Newport Beach, P.O. Box 1768, Newport Beach, CA., 92658- 8915, for inclusion on the May P.B.& R. commission agenda by April 21, 1993. If an appeal has not been received by April 21, 1993 we will proceed with the removal and -replacement. 0 1-1 1--7 Si ncere Randy Kearns PARK & TREE Superintendent �„ x4z. , C 41� -3 (6 L 3300 Newport Boulevard, Newport Beach r JF7^,, 0 RECREATION DIVISION MAY, 1993 PROGRESS REPORT Youth Item No. 8 We have been requested by Newport Elementary to provide an after school drop in program at this site. Due to a lack of interest at Andersen School, we may be able to accommodate a 3 day a week program there. Twenty Newport Beach track athletes will compete in the May 29th Southern California Championships at Veterans Stadium in Long Beach. The Youth Council hosted a very successful City Government Day on May 27 with 65 participants. They will be conducting a Beach Clean Up on June 5. 150 professional and local amateur surfers took to the waves at 54th Street in West Newport in a very successful Surf Contest May 22 and 23. Our Arbor Day celebration took place May 11th at Mariners Park with • over 200 Mariners school children participating. Commissioners Herberts and Vandervort were on hand to represent the City in this enjoyable and educational event. Contract Classes The much awaited summer brochure has just arrived to Newport Beach households generating many phone inquiries. We are three quarter's through the spring classes. Registration for this quarter looks good with gymnastics again leading all registration numbers with 510 students. .Don't forget about the June 5th Corona del Mar Scenic 5K.•..our 12th Annual! sports and Aquatics The summer softball session began May 24 with 219 teams comprising 28 leagues. This constitutes, approximately 2,850 participants for the summer season. We have installed portable fencing at Bonita Creek between the soccer field and the outfield area of the softball diamonds. This will greatly assist us in cases where the two groups interfere with each other. • Volleyball tournaments scheduled for this month include 2 grass tourneys, one on June 12 at Eastbluff Park and one on June 19 at Z� -2- • Peninsula Park, and one sand tourney at Corona del Mar State Beach on June 12 and 13. Senior Services May was Older Americans Month and 150 seniors at Oasis celebrated with the traditional Country Picnic. The intergenerational program with ,Ensign Junior High is proving to be very successful. Eight tutors assist at the school one day a week. In addition, 3 panels have been formed to speak on World War II experiences. This month 3 more panels will share their depression era experiences. Damons and Drappers held a fashion show for 100 seniors this past month. 12 participants from the Center modeled the fashions. The warmer weather brings out many more who want to participate in the water aerobics class which meets 2 times a week at the Newport Dunes pool. This group of 30 will grow to 50 with summer right around the corner. qNan Be • • 3n • OASIS SENIOR CENTER APRIL 1993 MONTHLY ACTIVITIES /UTILIZATION REPORT CLASSES /GROUP 3655 LONG TRIPS HUMAN SERVICES Laughlin 81 Hearst Castle 30 Another Passage 67 Blood Pressure 112 DAY TRIPS Braille 48 Case Management (hrs.) 22 Lawrence Welk 20 Chair Exercise 80 Saddle Back College 20 Counseling 35 Port O' Call /Mikasa Factory 20 Eldercare 4 Knotts Berry Farm 23 Employment 177 Santa Anita Races 25 Information /Referral 2590 Bowers Museum 20 Legal Assistance 5 Union Station /Olvara St. 21 Life On Your Own 57 Wild Animal Park/Railway Medicare Assistance 4 Festival 16 • Shared Housing 78 Wisenthal Museum 21 Telephone Reassurance 301 Visual Screening 1 MEETINGS VOLUNTEER HOURS 2615 Board of Directors 22 Executive Committee 9 VAN TRANSPORTATION 847 Long Range Planning 10 Human Services Comm. 12 NUTRITIOUS LUNCHES 1383 Fund - Raising 18 Newsletter 18 SPECIAL EVENTS Newsletter Collating 24 General Membership 102 Pancake Breakfast 267 Sunday Movies 126 Vaudeville Show 130 Sunday Movies 125 Breakfast at OASIS 55 Health Fair Expo 760 0 31 CITY OF NEWPORT BEACH Item No. 9 PARK AND STREET TREE DIVISION REPORT MAY 1993 The Parks Division performed.the following duties beyond their extensive routine maintenance. es for the Recreation Division: Hung the advertising banners for the Corona del Mar 5K race. Relocated the soccer goals at San Miguel Park. Replaced the basketball hoop at Carroll Beek Park. Assisted in the set -up and break down for the Spring Surfing Contest at 54th Street. Landscaping Activities We perfromed extensive grading, insitalled new irrigation, and started planting around the new restrooms at Community Youth Center near the tennis courts. Planted additional' Oleanders as needed to fill gaps in the Jamboree arterial strip south of Bison. Put in additional plant material along the trail to Little Corona to control foot traffic. Added numerous colorful Bougainvi.11eas to the slope of Cliff'Drive Park above.Riverside Drive. Planted 2 Phoenix roebelenii palms at City Hall. The Tree Division activity is as follows:: Trimmed 595 trees. Planted 35 trees. Removed 9 trees. Root pruned 19 trees. Completed 21 work requests. Areas being trimmed this month: Irvine Terrace, completed. Corona del Mar south of Pacific Coast Highway. Breakers Drive at Corona del Mar main beach. I Trees were removed at the following locations: 190 6 Marlin Accident 1- Eucalyptus leh. Irvine Terrace Park Dead 3 -Alder 426 Poinsettia Dead 1 -Acer saccharinm 615 Poinsettia Dead 1- Pepper 604 Orchid Dead 1- Eucalyptus ficifolia 211 Iris Commission 1 -Carob 327 Poppy Commission 1- Eucalyptus Trees were planted at the following locations: 1848 Port Barmouth 1- Liquidambar 325 Marine 1- Eucalyptus 520 Iris 1 -Carob 414 Dahlia 1- Liquidambar 412 Dahlia 1- Liquidambar .75 Montecito 1- Loquat 15 Cambria 38 Drakes Bay 1- Loquat 1- Loquat 9 Point Loma ; 1- Loquat 4 Morro Bay 1- Loquat 3� -nor. - -- - - ,, — -s.�, an„�,� - � -- - - �' - X613 - fin►_.- _M�s��- ��l�v €�- ISSN?- _�.:��- lEi_��s_ -C i - -'''- - - - - - -- {`�w�r�a� - �•._ d�_` _ . - c� -gam. -. - u�4� —c.6�. c�n�a_.�. - - i 1I � 1 Q/v� -^rte d- ��-I - CZ-MA, -- — -,