HomeMy WebLinkAbout07-05-1995 - Agenda6;
n
U
•
;
CITY OF NEWPORT BEACH
r
PARKS, BEACHES AND RECREATION COMMISSION
REGULAR MEETING TO BE hELD WEDNESDAY, JULY 5, 1995
CITY COUNCIL CHAMBERS
7:30 P.M.
1�618-bj "V X41
II. APPROVAL OF MINUTES - Meeting of June 6, 1995
I UV 103 DONDFOR
FINE190ft""s 12
V. PUBLIC COMMENTS
Members of the public are invited to comment on non agenda items.
Speakers are limited to three minutes.
All matters listed under Consent Calendar (1 -4) are considered by
the Commission to be routine and will all be enacted by one motion
in the form listed below. The Commission members have received
detailed staff reports on.each of the items recommending approval.
There will be no separate discussion of these items prior to the time
the Commission votes on the motion unless members of the
Commission, staff or the public request specific items to be
discussed and/or removed from the Consent Calendar for separate
action.
Members of the public who wish to discuss a Consent Calendar
item should come forward to the lectern upon invitation by the
Chair, state their name and Consent Calendar Item Number, and
complete the sign -in card provided at the podium.
Animal'Control Ordinance (Reports Attached)
Retain City Ordinance 7.04.030 prohibiting walking of dogs
on the beach from June 15- September 15.
2. Request from Wedge Preservation Society (Report Attached)
Retain current regulations regarding flotation devices at the Wedge.
v I.I-
L
0
2
3. Park and Tree Division (Report Attached)
Report of Park and Tree Division activities during June and
upcoming projects for July.
4. Recreation and Senior Services (Reports Attached)
Report of activities during June for these two divisions.
off WMEM9 u.
5. Tree Removal (Report Attached)
Review proposed tree removal at 2169 E. Ocean Boulevard.
VIII. FUTURE AGENDA ITEMS
Matters which Commissioners may wish to put on a (future agenda or raise
for discussion.
I 10 • lain. ► -
CITY OF NEWPORT BEACH'Item II
Parks, Beaches
Motion
Ayes
Motion
Ayes
)
3
& Recreation Commission
June 6, 1995
City Council Chambers 7 o.m. TNnPY
G
7 �i 9 dr d7 `fp m„
ij F. d4 n
Motion
Ayes
Motion
Ayes
)
3
& Recreation Commission
June 6, 1995
City Council Chambers 7 o.m. TNnPY
Staff present: LaDonna Kienitz, Community
Services Director
David E. Niederhaus, General
Services Director
Marcelino Lomeli, Park and Tree
Maintenance Superintendent
Dave McConnell, Recreation
Manager
Dottie Flohr, Secretary
I. ORDER AND ROLL CALL
The Parks, Beaches and Recreation Commission was called
to order at 7:00 P.M.
Roll call was taken. Commissioners Bonner, Compton,
Demmer, Glasgow, Grant and Schonlau were present.
Commissioner Vandervort arrived at 7:40 P.M.
II. APPROVAL OF MINUTES
x
Commissioner Compton moved the minutes of the May 2,
x
x
x
x
x
x
1995 meeting be approved as presented. Unanimous.
III. PUBLIC COMMENTS - None
IV. CONSENT CALENDAR
x
Commissioner Grant moved the following items be
x
x
x
x
x
x
approved except for those removed from the Consent
Calendar. Unanimous.
Item #1 - Removed from Consent Calendar
Item 92 - Removed from Consent Calendar
Item #3 - Bench Donation
Accept donation of one bench, one table and four planters
from the Fred Crook family.
Item #4 - Designation of Street Trees
Approve designated street trees in the Park Lido
Homeowners Association neighborhood.
Item 95 - Park and Tree Division
Approve report of Park and Tree Division activities during
May and upcoming projects for June.
'Parks. Beaches & Recreation
' G
y F d4 ev
'I
Commission
June 6, 1995
Page 2
City Council Chambers 7 p.m
TN11FX
Item #6 - Recreation and Senior Services
Approve report of activities during May for these two
divisions.
ITEMS REMOVED FROM CONSENT CALENDAR
Item #1 - Communication - Letter from Michael Hirsh
regarding proposal to install two Petanque courts
Director Niederhaus presented photos of the proposed area
adjacent to the Lawn Bowling•courts on the corner of San
JoaquinEills and Crown Drive North. The results of his
survey indicate that it would cost approximately $1,200 to
install two courts which would include rearranging the
irrigation, building materials and man - hours. It would not
include the removal of one tree which might be required.
Staff recommends postponing this item to the July
Commission meeting in order that more research can be
done.
Chair Glasgow opened the meeting to public hearing.
Michael Hirsh, 2701 Lighthouse Lane, addressed the
Commission. Mr. Hirsh explained the game of Petanque
which is played by all ages. The nearest courts are at Irvine
Valley College. He stated his proposal would not require
the removal of trees and that the location of the courts
could be anywhere. All that is required is packed dirt.
In response to questions from Commissioner Grant, Mr.
Hirsh explained that 2 -8 people playon each court and that
the group would most likely start with 20 players. The
players will maintain the area, help with expenses and
comply with the "good neighbor" policy with the Lawn
Bowlers, particularly when their tournaments are
scheduled.
In response to a question from Commissioner Bonner,
Director Niederhaus explained that the flat turf area will
absorb water during heavy rainfall which will not present a
problem during the rainy season.
John Amies, 2732 Circle Drive, addressed the Commission
on behalf of the Lawn Bowling Club. Mr. Amies stated he
felt one tree would have to be removed at the proposed
location. Problems that could be encountered would be
wind blowing the dust around; the dirt spoiling the scenic
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
G
June 6, 1995
d
v Page 3
d4 X City Council Chambers 7 p.m.
Motion I I.x
Motion'. I i
Ayes x'• x x
J
view of the park; maintenance; and parking problems
during tournaments. The Board met June 5 and were
generally opposed to the idea.
Commissioner Compton moved to install the courts as
proposed.
Commissioner Grant amended the motion to includethat
staff will work with the proponent in an attempt to
minimize the City's costs; that the proponent will work
with staff as appropriate on its installation; and that the
proponent will be aware of Lawn Bowling tournament play.
Unanimous.
Item 92 - Conceptual Change of Designated ParkwayStre
Tree
Commissioner Demmer reported she is in favor of
changing the designated street tree in Corona del Mar but
does not support the proposed King Palm. She encouraged
the Commission.to become involved in this project from
conception to completion.
Chair Glasgow opened the meeting to public hearing.
Ron Yeo, 500 Jasmine, addressed the Commission on
behalf of the Corona del Mar Chamber of Commerce
Beautification Committee. Mr. Yeo reported that the
project started when Ficus trees were having to be removed
as a result of the problems caused by their being planted
over the inland side sewer line. King Palms are not only
the least evasive and aggressive, but are also very elegant.
They would be interspersed with flowering trees. They feel
that this is a positive and ambitious approach to a long
range master plan. After the initial outlay of funds, the
program will save the City money compared to the costs of
repairing sidewalks and curbs.
In response to a question from Commissioner Compton,
Director Niederhaus explained that there are no funds
available for the project during the next fiscal year,
however, a Business Improvement District (BID) may be
set up and funds could be accumulated as early as
September or October.
In response to a question from Commissioner Schonlau,
Mr. Yeo explained that funds would come from a variety of
t
CITY OF NEWPORT BEACH
Parks, Beaches & Recreat i on Commi ss i on
G
o June 6, 1995
d
oo^ Page 4
o do ° ^X City Council Chambers 7 p.m. TNnF'x
sources, such as the Chamber, BID, individual business
owners and grants.
Commissioner Demmer stated Corona del Mar is a unique
and charming village and feels Palm trees generally on
Pacific Coast Highway in West Newport Beach and City
center medians are not that attractive and healthy looking.
Palm trees are becoming the accepted street tree in
commercial, zones and highways in the City, and she feels
Corona del Mar will be losing its unique identity by
conforming to the norm as well as losing its canopy tree
effect. She recommends bringing this issue back with other
tree alternatives.
Mr. Yeo explained that they are attempting to maintain the
village atmosphere in Corona del Mar by interspersing
every other tree with a flowering tree, the result of which
will be twice as many trees. They have no objection to
consideration of alternative trees.
Royal Radtke, 330 Mayflower, Treasurer of the Corona del
Mar Chamber of Commerce, addressed the Commission.
Mr. Radtke stated this program has been given much study
over the past three years and they are not only trying to
revitalize the business district, but also hope that the area
will be inviting to those hithe Down Coast area.
Mr. Radtke explained that other alternatives have been
researched, however, this plan has been recommended by
Sherman Gardens. The Ficus trees need to be removed
since they have been creating problems with sidewalks,
curb and gutter which result in potential liability. The last
repairs were $50,000. He felt there would be no problem
with the Chamber trying to raise funds.
When the Board of Directors approved the concept, it was
out of necessity due to the damage done by the Ficus trees
and upon the condition that the palms would be
interspersed with flowering trees. They are working in the
business district to also improve store fronts while keeping
the unique village atmosphere. Request is made to approve
the project so that it can go forward.
In response to a question from Commissioner Demmer, Mr.
Radtke stated he would support the Commission
conceptually approving the change of designated street tree
to two trees and that those names be submitted at a later
date along with the plan.
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
Motion
x
Motion
Motion
x
yes
x
ays
x
x
x
x
x
Ayes
x
x
x
x
x
Nays
x
1
H
June 6, 1995
Page 5
City Council Chambers 7 P.M.
There being no further public testimony, the meeting was
closed to public hearing.
Commissioner Schonlau stated he strongly supports the
King or Royal Palms and cited Naples, Florida as a prime
example of their majestic beauty.
Commissioner Grant moved to approve�staff s
recommendation as written.
Commissioner Vandervort amended the motion to state that
possible funding sources also be sought for cutting
additional tree sites wherever possible.
Commissioner Demmer made a substitute motion to
conceptually approve a change in the designated, street tree '
and that the Commission request a comprehensive plan on
both types of trees that the Chamber plans to put into the
total area; and that the Commission'bave an opportunity to
look at the plan and the plan of action. Motion fails.
Vote was taken on the amended motion. Motion passes.
� • d_ u
Item #7 - Status Report on Castaways
John Wolter, Cooperative Project Engineer with the Public
Works Department, addressed the Commission. Mr.
Wolter reviewed in detail the status report submitted and
presented the latest site plan which includes the passive
park grading and drainage plan, active park parking plan
and 16th Street layout and modified church parking lot
plan.
Commissioner Grant voiced his concern that the existing
church parking lot and the proposed driveway into the
active park are-across from each other.
Mr. Wolter explained that the plan will include adequate
signing of the parking areas to distinguish church parking
from the active park parking site.
Commissioner Grant recommended the two park parking
lot driveways be made of a different material than that of
the church driveway for psychological purposes.
INDEX
CITY OF
Parks, Beaches
NEWPORT BEACH
& Recreation
June 6, 1995
Page 6
Commission
City Council Chambers 7 p.m
In response to Commissioner Grant's question that the trail
coming up from Dover Drive is 8' wide rather than the
legal minimum of 12' wide being used for the bluff top
trail, Mr. Wolter explained that Public Works Department's
preference was for a wider trail with grading to reduce the
existing steep slope. Staff was directed to use the existing
Castaways access and there is sufficient room with minimal
grading to provide for a 2' graded shoulder on one edge and
a 4' wide drainage swale which together provide adequate
width for the trail.
Commissioner Grant also questioned what will happen to
the trail at Cliff Drive if the Lower Castaways site access
road is constructed. Mr. Wolter explained that the trail now
follows the natural terrain. If a new access roadway is
constructed, grading will be required to join the trail to the
sidewalk.
In response to a question from Commissioner Compton,
Mr. Wolter stated that in the active park the diamonds are
200' to the fence and 40' -60' from the back of the fields to
the nearest homes.
Commissioner Compton reported it is important that signs
are posted stating that this will be an active park site.
Commissioner Vandervort also commented that it is crucial
that the signs list the sports that will be played and that they
be posted before the first lot is even looked at.
Mr. Wolter replied that the signs will be posted when the
property is transferred to the City.
Commissioner Grant recommended there be a full
disclosure to all prospective buyers that this is an active
park which will emit noise.
Commissioner Bonner asked what the paving on the old
historical roadway will, be. Mr. Wolter explained it will be
asphalt concrete.
Mr. Ed Benson, 1028 Westwind Way, addressed the
Commission. Mr. Benson stated that the Dover Shores
Community Association is concerned about accidents on
the bluffs and access for emergency vehicles. They are also
concerned about noise from the playgrounds and errant
balls going into -Dover Drive.
INDEX
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
G
o o i June 6, 1995
o o c \�Ga oX
Page 7
a ee City Council Chambers 7 n.m
TNnP'Y
Mr. Wolter explained that there will be two access
locations, one from 16th Street through the new parking
area and the other from Polaris. These will be gated and
closed except for emergency vehicles. There is also a fence
along the active park paralleling Dover Drive that will keep
children and balls from going toward the busy street.
Dr. Jan Vandersloot, 2221 E. 16th Street, addressed the
Commission and stated his items of concern. The baseball
players would like an extra 28' so that the ball field can be
used for regulation Pony League play. The way the soccer
field is located, players will be facing the afternoon sun and
the extra 28' would allow the soccer field to be orientated
differently so that the players wouldn't be facing the sun.
The baseball and soccer organizations need to be consulted
as to the best use of the 28'. If not used for enlarging field
use, it could be used for parking. In addition, the bus stop
behind the batting cage should be moved due to fumes. He
suggested the bus stop location be moved closer to
Westcliff or 17th Street.
Mr. Vandervort also expressed his concern over the cost of
$200,000 for the new church parking arrangement. He felt
the turn around should be eliminated and the ravine not be
filled in which would result in.not losing trees.
Mr. Vandervort suggested minimizing grading, leaving the
area natural and putting a berm along the bluff top
incorporating the trail that would pond water behind the
berm so it would not run over the bluff. He recommended
crushed granite or compacted dirt on the trail system rather
than concrete or asphalt.
Mr. Vandervort also recommended minimizing costs by
reducing mitigation requirements on the wetlands. He
acknowledged that he was pleased•to hear that on site
mitigation was being considered with the new plan, rather
than off site mitigation as before. He suggested preserving
history of the area by leaving the ruins of the Castaways
restaurant on site but removing the broken asphalt.
Commissioner Compton pointed out that the Commission
originally recognized that the ball field would be too small
except for Little League and explained that the 28' from
Dover Drive would be deemed a buffer area to the street.
There being no further public testimony, public hearing was
closed.
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
O �, c s June 6, 1995
Pag
} ?�d�o�oX City Councii$Chambers 7 p.m. INDEX
Commissioner Grant reported that the plan as presented is
not in keeping with staff s recommendations due to its
safety ramifications. The trail is narrower than the 12'
required for the bluff top trail and it is also too steep. In
addition, improvements to the view park are counter to the
CIOSA agreement There were many meetings with public
input held and it was agreed that the view park should be
flat open green space. He commended staff for the
improvements to the layout of the active park and
additional parking areas.
Commissioner Vandervort agreed, pointing out the flat
green area for unscheduled run and play activities has been
omitted from the plan.
Commissioner Schonlau'stated he was disappointed that the
park was not expanded towards Dover and that the park
cannot accommodate senior leagues such as Pony League.
Commissioner Demmer stated she agreed with Dr.
Vandersloot that materials other than asphalt and concrete
be used for the trails.
Commissioner Vandervort stated she is pleased the trail
will be a solid surface acceptable to wheelchairs.
Chair Glasgow reported he is also disappointed with the
direction the view park has taken, and that it is not the way
the Commission envisioned with a flat surface.' The City
lacks resources and there is a need to provide as many
activities as possible.
Item #8 - Green. Acres Reclaimed Water Project Overview
and Bonita Creek Park Irrigation Improvement Project
Mike Sinacori, Deputy Utilities Director, addressed the
Commission and explained' in detail the report submitted
which is a long range plan resulting from years of study.
Staff is requesting the Commission endorse the project
funding and forward their recommendations to the City
Council.
Commissioner Vandervort questioned if the nitrates will go
into the bay creating algae or stay in the park. Mr. Sinacori
b
responded that the fertilizer will be cut back so that the net
amount of run off will be the same. Exact numbers can be
provided.
Parks, Beaches & Recreation Commission
G
June 6, 1995
da °ee, d� oho d ° X Page 9
L Citv Council Chambers T 13. m. TNTIFX
In response to a question from Commissioner Compton
concerning the brown spots at the park, Mr. Lomeli
explained they are a combination of excessive use, soil
composition and the irrigation system defects.
Commissioner Grant asked if additional parking for Bonita
Creek Park could be added on the Metropolitan Water
District easement. Mr. Sinacori advised he will find out if
this is possible.
Mr. Sinacori invited staff and the Commission to tour the
Orange County Water District facilities. Anyone interested
should contact him.
Director Niederhaus pointed out that it is important to
realize -this is one of the few capital improvements that has
survived. Bonita Creek Park is a premiere sports park and
this is the first chance in a few years that we are able to
l
make improvements.
Motion
x
Commissioner Vandervort stated that realizing Bonita
Creek Park is the premiere sports park facility in the City at
this time with the greatest potential that is not being
realized, she moved that Recommendations 1, 2 and 3 of
Ayes
x
x
x
x
x
x
x
the staff report be approved. Unanimous.
Item #9 - Tree Removal
Director Niederhaus provided photographs of the
Eucalyptus at the northeast corner of Ocean Boulevard and
Narcissus. Thezubject tree has grown too large for the
small parkway space and.has a history of damaging the
adjacent sidewalk, curb and gutter. This resident's request
is an opportunity to remove a City liability and replace the
curb, gutter and sidewalk at the homeowner's expense. The
three adjacent neighbors also approve the tree removal.
The property owner will pay for the cost of the removal of
the tree, curb and sidewalk and the replacement of the curb
and sidewalk. Staffs recommendation is to remove the
tree and accept the resident's offer to donate $1900 towards
the planting of 20 park or parkway trees at locations
selected by staff.
Marilyn Rousselot (no address given) addressed the
Commission. Ms. Rousselot gave a brief background of
her uncle who resides at 3500 Ocean Boulevard and who
was unable to attend the meeting. Ms. Rousselot stated the
CITY OF NEWPORT
Parks, Beaches & Recre,ation
Motion
Ayes
Motion
Ayes
Motion
Ayes
11
June 6, 1995
Page 10
BEACH
Commission
City Council Chambers 7 p.m
TNTIFX
G
tree roots have taken nourishment from his yard; the brick
O
Motion
Ayes
Motion
Ayes
Motion
Ayes
11
June 6, 1995
Page 10
BEACH
Commission
City Council Chambers 7 p.m
TNTIFX
tree roots have taken nourishment from his yard; the brick
wall is raising up; and the tree is destroying his ocean view.
She presented letters from his neighbors approving the tree
removal which will be at her uncle's expense along with a
donation of 20 trees to -the community.
Rod Taylor (no address given) addressed the Commission
and stated the tree's roots are infringing. There being no
other trees in the area, he felt Mr. Rousselot's offer,is very
generous and should be accepted.
X
Commissioner Grant moved to accept staffs
X
X
X
X
X
X
X
recommendation. Unanimous.
Item #10 - Progress Report on Recreation and Open Space
Element
Director Kienitz reported that the Planning Department is
being reorganized with a reassignment of tasks, therefore, a
better time to respond to this item would, be in September.
x
Commissioner Vandervort moved to schedule this matter
x
x
x
X
x
x
x
on the September agenda. Unanimous.
VI. FUTURE A NDA ITEMS - None
X
Commissioner Schonlau moved the July meeting be held on
X
x
x
x
x
x
x
July 5, 1995 at 7:30 P.M. Unanimous.
VII. ADJOURNMENT
There being no further business, the.Parks, Beaches and
Recreation Commission adjourned at 9:52 P.M.
The agenda for this meeting was posted May 31, 1995 at
11:00 A.M. outside the City Hall Administration Building.
Item VI -1
• COMMUNITY SERVICES DEPARTMENT
DATE: June 22, 1995
TO: Parks, Beaches and Recreation Commission
FROM: LaDonna Kienitz, Community Services Director
SUBJECT: Animal Control Ordinance
A member of the City Council has requested that City Ordinance 7.04.030 be
amended to permit the walking of dogs on the beach during specified hours in the
summer. The Parks, Beaches and Recreation Commission was asked to consider
this matter with input from the Marine Department and Police Department.
Attached are reports from Lt. Eric A. Bauer, Operations, and Capt. Mike Blitch,
Patrol /Traffic Division Commander. The Police Department report includes a
• survey of present Orange County beach laws.
Neither Department recommends changing the current City Ordinance which
prohibits the walking of dogs on the beach from June 15- September 15.
• 3
l
Ll
U
•
14
CITY OF NEWPORT BEACH R�� -
To: Tony Melum
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 JUN 20 1995
COWAUNi t r
From: Lt. Eric A. Bauer, Operations
Subject: Altering, Animal Control Ordinance 7.04.030
After reviewing Senior A.C.O. Eric Metz's memo, we should support his recommendation.
In addition, I have recently noticed an increase in enforcement contacts by our personnel
regarding dogs, I believe if we were to make the existing ordinances any more lenient we would
encourage more scofflaws and there would definitely be a increase in animal defecation on the beach.
This would negatively effect the majority of the beach users and public enjoyment of the beach. Also,
changing the law would require our personnel to engage in more law enforcement activity and would
detract from our primary function, which is life safety.
In Huntington Beach there is a "dog beach" at the cliffs, I have visited that section of beach and
noticed a large amount of defecation and contrary to the belief that dog owners are responsible, in general
they do not clean up their dog's mess.
I would not want to commit any more safety resources to the enforcement of the expanded hours
permitting dogs, also enjoyment of the beach by other beach goers would be negatively affected:
3300 Newport Boulevard, Newport Beach
0
n
U
15
JUN 161995
CITY OF NEWPORT BEACH
POLICE DEPARTMENT 'COMMUNITY SERvICES
June 14, 1995
TO: Chief of Police
FROM: Patrol/Traffic Division Commander
SUBJECT: 7.04.030 NBMC
Attached is a staff report from Senior ACO Eric Metz regarding the perennial issue
of dogs on the beach.
I concur with his recommendation that the ordinance remain unaltered.
l '
Mike Blitch, Captain
Patrol/Traffic Division Commander
r
• City of Newport Beach
Police ,Department
Memorandum
June 12, 1995
TO: Captain Mike Blitch, Traffic /Patrol Division Commander
FROM: Sr. ACO E. Metz
SUBJECT. Animals on the Beach Ordinance, 7.04.030 NBMC
Problem:
We have received two letters from citizens, through City Manager Kevin
Murphy's office, regarding a proposed change in the existing municipal code
section 7.04.030 which covers dates and times animals are allowed on the
beaches. Both letters take exception with the current ordinance and suggest
allowing a small block of time, during the early morning, permitting animals
on the beach during the summer months, (June 15th through September
• 15th).
•
Discussion:
The last revision of this ordinance was in 1989. This revision removed the
restriction of animals from "public parks used primarily as children's
playgrounds ". Prior to that the last revision was in 1971. I was unable to find
a text of the ordinance prior to 1971 so I do not know what part of the
ordinance was changed at that time. ;
The present section 7.04.030 NBMC restricts animals from the ocean front
beaches and ocean front sidewalks from June 15th through September 15th,
twenty four hours a day. From September 16th through June 14th animals
are allowed on the ocean front beaches and ocean front sidewalks before 9 am
and after 5 pm. The ordinance restricts animals from the bay front beaches at
all times.
A survey was done of the present Orange County beach laws relating to
animals with the following results:
I
Seal Beach: No animals allowed, on the
beach at any time.
,f
.• Animals on the Beach Ordinance, 7.04.030 NBMC
Page 2
Beaches covered by the Orange County
Animal Control. (All City and. County
beaches with the exception of Seal Beach,
Newport Beach, Laguna Beach and San
Clemente): No animals allowed at any time
with the exception of Huntington Beach
between Golden West Blvd. and the Bolsa
Chica State Beach, (known as "The Cliffs"
area), where animals are allowed on the
beach at any time.
Laguna Beach: Animals are allowed on the
beach from September 13th through May 31st
at any time. June 1st through September
12th animals are allowed on the beach from 7
pm through 7 am only.
San Clemente: No animals allowed on the
• beach at any time.
The above information reflects the fact there are few places a citizen can take
his or her animal to the beach, legally, in Orange County. I believe this is a
factor to be considered before the City of Newport Beach changes its beach
regulation.
At the present time only "The Cliffs" area in Huntington Beach, Laguna
Beach and Newport Beach allow animals on the beach during months other
then the summer. Many of our contacts with leash law violators during the
period when our beach is opened to animals is with people from cities other
the Newport Beach. I believe that opening a block of time in the summer
allowing animals on the beach would compound the problem of violations of
both the leash law and defecation ordinances.
During the summer months our volume of radio calls increase leaving less
time to patrol the beach for enforcement proposes. Additionally there are far
more people in the City because of summer vacations. Also, even though we
already have an ordinance requiring animal owners to pick up the animal's
defecation, it is very difficult to enforce.
To satisfy the elements of a violation of 7.20.020 NBMC, defecation must be
• removed, an ACO has to observe the following. The ACO must see the
(1
• Animals on the Beach Ordinance, 7.04.030 NBMC
Page 3
animal defecate then watch the owner walk away from the defecation,
without making an attempt to pick it up. The ACO must let the owner go far
enough to be sure he /she was not going over to the nearest trash receptacle to
get something to pick up the defecation. Because we drive distinctively
marked vehicles during our patrol shifts we are usually spotted by the
violator and he /she will go to the nearest trash receptacle and find something
to pick up the defecation. If we are not around it is a very easy matter for
someone who has no intention of picking up after their animal to quickly
kick some sand over the defecation where it will later be stepped on by beach
patrons later in the day or dug up by children playing in the sand. In 1989 the
ordinance was revised to remove the restriction of animals from "public
parks used primarily as children's playgrounds ". Today, at Channel Place
Park, located at 44th and Channel, I observed approximately ten various size
piles of defecation on the grass despite the five signs posted there. This park
is heavily patrolled as it is near one of the major beach entrances from the
Coast Highway, 46th Street.
Also to be considered is the possibility of City liability. With few places to take
an animal to the beach there will be many people from other cities bringing
their animals. Some of these people, will, either because of ignorance of the
• law or because they intend to purposefully violate it, allow their animals to
run on the beach off the required leash. This will invariably lead to an
increase in fights between the unleashed animals and bite incidents
involving their owners or, worse yet, bystanders. The possibility of lawsuits
resulting from people being bitten because the City changed the ordinance to
allow animals on the beach at times they have not been allowed in, at least,
the past twenty four years must be considered.
i
Another consideration in changing the ordinance is the necessity of changing
the signs on the beach. There are approximately 90 beach entrances from the
Wedge to the west city limits. Also, there are numerous signs at Corona Del
Mar main beach and several at Little Corona beach. Also there are the
numerous blue trash receptacles, with the beach signs painted on them, on
each beach. All these signs would have to be changed if the city changes its
animals on the beach ordinance. With the present financial situation the City
has found itself in this would be a financial burden on the tax payers of the
City. If the ordinance is changed and the signs are left the way they presently
are it would hamper enforcement efforts. Defendants, in court, could cite the
inaccuracy of the signs as a defense.
Lastly the factor of confusion should be taken into consideration. Presently,
about half the time we contact someone on the beach with an animal, they
• claim to have read the signs and tell .us the sign said the animal is allowed on
I
i
• Animals on the Beach Ordinance, 7.04.030 NBMC
Page 4
the beach from June 15th through September 15th. Sometimes they claim
they stopped reading the sign after the June 15th through September 15th
restriction and didn't read the part about no animals September 16 through
June 14th 9 am through 5 pm. If more time "windows" for animals were
placed on the signs more confusion by the citizens would result.
Presently the population of Newport Beach is approximately 69,301 with a
summer population of approximately 100,000 along with a tourist population
of from 20,000 to 100,000 additional people per day. (figures from City, of
Newport Beach Statistical Information 1995 - 1996). The latest dog license
printout from 4/04/95 indicates there are 5,163 licensed dogs in the City.
(Even though there are undoubtedly many unlicensed dogs within the City).
The City needs to consider if it is worth changing the ordinance at the expense
of the entire citizenry of Newport Beach to make a small, vocal group
content.
Recommendation:
I respectfully recommend no changes in the present municipal code section
7.04.030, animals prohibited on the beach. If any change is considered in the
• future it should possibly be to restrict animals from the beach entirely.
•
11
Eric Metz
���
Senior Animal Control Officer
Kurt Neumann WARNER BROS.
Vice President 4000 Warner Boulewtd
Production Burbank, California 91522
(818)954.3151
Fax: (818) 954.M
June 7, 1995
Kevin Murphy
City Manager
Newport Beach City Hall
P.O. Box 1768
Newport Beach, CA. 92658 -8915
Dear Mr. Murphy:
My name is Kurt Neumann and I live at 2209 Channel Road.
The reason for my writing to you is that we are approaching
June 15th and as of that date, all dogs are banned from the beach
24 hours ,a day.
I personally have never been able to understand this as dogs seem
• to be the least of our problems out there and most of us who walk
our dogs early or late pick up a lot of trash.
Is there any way to get this ban altered? I would like to propose
one of the following:
1) A year round restriction that is currently in effect
between 9:00 A.M. and 5:00 P.M.
2) The current WINTER restriction with a SUMMER restriction
of no dogs after 8:00 A.M. or before 6:00 P.M.
3) Any of the above with a new SUMMER restriction of no dogs
allowed on Saturday and Sundays:.
Please let me know your feelings about this and be assured that if
it is a matter of getting signatures, etc., I am more than ready to
devote my time. ,
yours,
Home - (714K 673 -8916
• Work - (818) 954 -3151
A Time Warner Entertainment Company
julie mattson
f artist tai photographer
2811 lafayette avenue
• newport beach ca, 92663
(714)675 -9432
June 7, 1995
Mr. Kevin Murphy, City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach CA 92663
Dear Kevin:
As per our meeting through George Jeffries at the Balboa Library's 75th birthday
celebration, and our telephone conversation this afternoon, here is the letter you
requested from me regarding my problem with Ordinance 7.04.030 (Dogs Prohibited on
Public Beaches. During the period from June 15 to September 15 ... )
My view is that dog owners should be allowed a window, albeit a small one, in the
summer months to have their dogs on the beach.... leased and with poop -bags, of course.
• My proposal is to amend the current ordinance to allow us, as responsible dog owners,
the right to be on the beach between the hours of 6 a.m. and 8 a. m. The beaches are
virtually empty between those hours so the dogs would not be a nuisance to anyone. Of
course, the owners need to be responsible and pick up their dog droppings and the fine
should be huge ifthey do not.
The council members I spoke with: Tom Edwards, Norma Glover, Jean Watts, Jan
DeBay, and Mayor John Hedges all reacted favorably to my proposal. ( I was unable to
reach Mr. Cox, and have been playing "phone tai" with Mr. ONeil.) Norma Glover
suggested we try this on a trial basis to see how it works. I think a trial basis is it good
idea, but let's do give it a chance.
Thank you for taking this under consideration and also for returning my call this
afternoon. I appreciate your help!
Hope to hear from you soon.
Sincerely yours,
A. M -
. Julie A. Mattson
cc. Mayor John Hedges
I\
/ <0
)
NA ' VcJ U n
f� CA-
DRIVER'S LIC.
C� Ol ` 17 ` S�
VEH YR IMAKE ODEL
LIC. OLOR(S)
dr 7 • D3r�Mc, ; a o 1
,�JZQAU417 A4jo
iT �� ors N '
CATION:
CpRm lo PT,
.
THIS IS NOT A CITATION.
YOU DO MI HAVE TO APPEAR IN COURT.
THIS IS A NOTICE OF VIOLATION
AND SERVES AS A WRITTEN WARNING.
ISSUING FFI
h.KrvNURT BEACH POLICE DEPARTMENT
5 •
• `t.,i N
NEWPORT BEACH CALIFORNIA
''•': •rid. '
� °
''�• ^
'E••1 .a �
° '
^:4g�; '
=� 1 W
WRITTEN W
WARNING -
-
. -
' O
OF VIOLATION
.. :
:. .
. '
WC500868
DA n� /+DV /
)
NA ' VcJ U n
f� CA-
DRIVER'S LIC.
C� Ol ` 17 ` S�
VEH YR IMAKE ODEL
LIC. OLOR(S)
dr 7 • D3r�Mc, ; a o 1
,�JZQAU417 A4jo
iT �� ors N '
CATION:
CpRm lo PT,
.
THIS IS NOT A CITATION.
YOU DO MI HAVE TO APPEAR IN COURT.
THIS IS A NOTICE OF VIOLATION
AND SERVES AS A WRITTEN WARNING.
ISSUING FFI
•
0
7
Item VI -2
COMMUNITY SERVICES DEPARTMENT
DATE: June 22, 1995
TO: Parks, Beaches and Recreation Commission
FROM: LaDonna Kienitz, Community Services Director
SUBJECT: Communication from Wedge Preservation Society
The Wedge Preservation Society delivered this request to the Community Services
office for transmittal to the Commission. Also attached is a response from the
Marine Department recommending that the request be denied.
Tom Kennedy
Mel Thoman
Terry Wade
•
WEDGE PRESERVATION SOCIETY
Date: June 22, 1995
To: Parks, Beaches and Recreation Commission
From: The Wedge Preservation Society
Proposal: To prohibit all flotation devices from the Wedge,
therebv creating a bodvsurfing preserve.
Outline of the Problem /Argument
Bodysurfers face these problems:
1) Not enough surf snots to use
2) Unable to comnete with flotation device
• 3) Majority of surf breaks dominated by boards
These problems are resulting in a decline in the nonularity of
our snort which is now at risk of dying out.
The WPS argues for a flotation device free zone at the Wedge.
The Wedge alreadv is world famous for its uniaue peaks and is
considered by manv to be the best wave for bodysurfing. This
tradition not withstanding, the Wedge is now being overcrowded
with flotation devices. In the times not falling under current
May 1 through October 31 ban, the bodvsurfers are unable to
compete with all the flotation devices and enduring the
accompanied risk of in.iurv.
We argue for a bodvsurfing preserve based on fairness, safety and
protection.
Fairness - This is the main thrust of our argument. Bodvsurfers
have only a tiny fraction of surf break available to them, with
the rest of the breaks dominated by board surfers. We cannot
compete with board riders under anv circumstance. Also, most
surf and surf breaks are not especially good enough for
bodvsurfing. We reauire steep, peak like surf. This is a rare
combination.
• Safety- Bodvsurfers are the least visible in the water. Only the
head and neck are orotruding from the surface of the water. We
are at risk of not being seen by board surfers. This can and has
�A "PRESERVE and PERSERVERE"
PO BOX 862 • BALBOA PENNINSULA • NEWPORT BEACH • CA 92661
• resulted in head injuries. This is why the Marine Department
currently blackballs hard boards from all of Newoort during the
summer months between noon and 4 p.m. Furthermore, bodvboards
create a false sense of security. This prompts many
inexperienced riders to attempt to tackle the Wedge without the
skill and knowledge that is necessary. They are a threat to
themselves and others.
Protection- Our snort is in .jeopardy of dying out. Without
enough areas to bodvsurf, many bodysurfers are actually quitting.
No Industry backs our sport! Bodysurfers need a safe, board -free
environment in which to perform their sport without interruption
of a part time usage.
Finally, it is important to note that the implementation of a
year round no floatation device zone would in no wav restrict any
person from utilizing the Wedge. it would require that all
surfers simply leave their boards on the beach, thus creating a
fair and safe environment for all Wedge riders. It is the
creation of a preserve not the restriction of surfers.
Please help save our sport and recognize the historical
significance and ongoing importance that the Wedge has to
bodvsurf ing.
• Endorsements: The Balboa Peninsula Point Association has endorsed
our proposal. We also have the support of other bodysurfing
organizations including the following: The Honolulu Bodysurfing
Club and the International Bodysurfing Association, San Diego.
Finally, the Marine Department has stated that, "the Wedge
location provides a cost effective location on our beach to
enforce a 'flotation free zone "'.
Current Regulations: There currently exists a no flotation
device rule between the dates of May 1st through October 31st
annuallv. The times of enforcement are 10:00 a.m, to 5:00 p.m.
Sincerely,
Terry Wade
Wedge Preservation Societv
TW /mc
cc: Kevin Thoman
• Tom Kennedy
q S John Hedges
d-
CITY OF NEWPORT BEACH
MARINE DEPARTMENT
June 21, 1995
TO: PARKS, BEACHES and RECREATION COMMISSION
FROM: John Blauer, Acting Marine Safety Captain
SUBJECT: FLOTATION DEVICES AT THE WEDGE
In 1993 the City Council revised the `Black Ball Resolution' to ban all
flotation devices at the Wedge. The dates and times are, May 1 st through
October 31st,10:00am to 5:00pm. The dates correspond to the `No Surfing'
• dates for '40th-44th Streets'. The hours correspond to the hours enforced
prior to implementation of the resolution adopted in 1993.
0
In the past two months, two conflicting requests have been received by our
office. One request by the Wedge Preservation Society has been for greater
controls on flotation devices at the Wedge. The second, from Erick Norr of
Newport Beach (see attached letter) requests we have fewer hours restricted
from flotation device usage.
At this time, the Marine Department feels there is an adequate amount of time
set aside for each group to utilize this valuable natural resource. We would
recommend no change at this time in the Municipal Code.
Respectfully,
John Blauer,
Marine Department
1�
0
Erick Norr
2285 Tustin Ave.
Newport Beach, CA 92660
May 5, 1995
City of Newport Beach
Marine Department
70 Newport Pier
Newport Beach, CA 92663
Dear Sir or Madam:
My name is ErickNorr and I'm a student at Newport Harbor High School
and I want to address a local problem.
There is discrimination going on at the Wedge by allowing bodysurfers
to monoplize the break. Everywhere else the black ball rule doesn't apply to
• bodyboarders. I'm aware why the first one was established, but the extention is
wrong.
The solution to my problem is simple. We need to share the Wedge. The
time the black ball goes up should be 11:00 a.m and go down at 4:00 p.m. This
will allow the groups to share the Wedge. Also the time span should be from
June 15 to September 1 because by then all tourists are gone.
I thank you for your consideration in this very important matter.
Sincerely,
/o' G-
Erick Norr
0
0
Agenda Item No. VI -3
July 5,1995
General Services Department
Parks and Tree Divisions
June, 1995 Activities Report
Park Division Activities
1. The volunteers continue to weed the native plant slope as part of the ongoing
maintenance program at Cliff Drive Park. A California Live Oak was planted at
the park in recognition of Dr. Jan Vandersloot't volunteer efforts by the Newport
Conservancy.
2. Two donated benches were installed, one on the Balboa Peninsula at 28 th
• Street and -the other along Ocean Boulevard in Corona del Mar.
3. Staff continues to work with the City Utilities Department and a consultant for
the irrigation renovation and retrofitting for reclaimed water at Bonita Creek
Park.
4. Staff coordinated with the Community Services Department for the annual
Corona del Mar 5 K Race.
5. Park staff and contract services were used to replant several planters with
shrubs at the Newport Pier Plaza area.
6. Two Pentaque courts were installed at San Joaquin Park with the use of staff
and contract services.
Upcoming Activities for July
1. Staff will continue to aerify the turfgrass on a Citywide basis as part of an
ongoing improvement program.
2. Staff will continue to establish the newly sodded areas of the football field at
Bonita Creek Park for the upcoming season.
• 3 The fertilizing of all turfgrass areas throughout the park system will be
completed.
Tree Division Activities
During the month of June, 377 trees were trimmed(95 by staff and 282 by tree
contractor), 21 trees were root pruned, 321 trees were planted, 6 trees were
removed, , 4 emergency calls were responded to regarding trees and 313 tree
maintenance requests were received by the Urban Forester.
1. Staff with contract services finalized the planting of 300, fifteengallon parkway
street trees as part of the State Urban Forestry Grant throughout the City this
month. This effort completes the grant program by achieving the goal .to plant
500 street trees by June 30, 1995.
2. Tree staff worked with the General Services Department concrete crew on root
pruning trees for sidewalk, curb, and gutter replacement throughout the City.
3. The City's tree trimming contractor completed scheduled work within the
Buffalo Hills, Newport Heights, Balboa Peninsula and Corona del Mar areas.
4. Tree removals were performed at these various locations during the month:
• 919 & 971 Bayside Drive, 4 trees due to sidewalk and curb damage/ repairs
1806 Port Abbey,1 tree due to disease
3500 Ocean Blvd.,1 tree per P,B & R approval
5. Effective July 1, 1995 all tree maintenance activities will be performed by West
Coast Arborists. The Urban Forester and Park and Tree Superintendent will
coordinate these maintenance activities with the contractor. Additionally, the
City Council recently approved a contract renewal with West Coast Arborists for
a ten year period, at a cost of $39 per tree.
sp ctfully"
c G. Lomeli
Park and Tree Maintenance Superintendent
•
11
E
0
Item VI -4
COMMUNITY SERVICES DEPARTMENT
DATE: June 22, 1995
TO: Parks, Beaches and Recreation Commission
FROM: LaDonna Kienitz, Community Services Director
.SUBJECT: Monthly Commission Report
Special Events
There were 2,325 participants in the 14th annual Corona del Mar Scenic 5K race
which included 520 walkers. The Corona del Mar Chamber of Commerce and the
Community Services Department will equally share $20,000.
The spring Surf Championships were held June 10 -11 at the 54th Street beach.
This was a pro -am event and some of the best surfers in the country competed.
The event was sponsored by the West Coast Pro -Am Tour and the department
received invaluable assistance from both the Marine and General Services
Departments.
The 22nd annual Mariners Independence Day Parade and Picnic will be held
Tuesday, July 4. The Grand Marshals this year are Clarence and Celia Turner.
Nine hundred participants are expected to attend the traditional activities which
will also include an amateur volleyball, tournament.
Plans are underway for the 1995 Balboa Music and Arts Festival which will be
coordinated with the Newport Seafest. The event will be held Saturday and
Sunday, September 9 -10, from 10:00 A.M. to 5:00 P.M.
The biannual Youth Sports Commission meeting was held June 21.
Representatives from Newport-Mesa Unified School District, General Services
Department, Parks, Beaches and Recreation Commission, staff and each of the
City's youth sports organizations discussed field use scheduling for the remainder
of the year.
56
• Staff In-Service Traininn
Recreation Leaders who are staffing the summer Drop -In Program attended two
in- service training sessions this year. Recreation Leaders Training Institute,
sponsored by the California Park and Recreation Society, was held June 10 in
Anaheim. Sessions included customer service, program planning, positive
discipline, cultural diversity, arts and crafts, cooperative games and staff
teamwork/problem solving.
Staff also attended the annual Summer In- Service Training on June 20. Topics
included program development, customer service, positive discipline, cooperative
games and arts and crafts. Sgt. Pat O'Sullivan from the City's Police Department
also gave a presentation on child abuse recognition and reporting techniques. Staff
has required the assistance from Sgt. O'Sullivan on this matter three times in the
past two months.
• The recruiting process is complete and there will be 15 lifeguards on staff this
year. Sign -ups for swim classes are going very well and most of the classes for the
first session are full.
Contract Classes
Summer registration has been going very well. There were 1,200 registrations
received during June 1 -15. The automated phone system is receiving an average
of 30 registrations per day and about 100 on the weekends. Summer classes start
June 26.
0 5i
• COMMUNITY SERVICES DEPARTMENT
DATE: June 20, 1995
TO Parks, Beaches and Recreation Commission
FROM: Celeste Jardine -Haug
SUBJECT: Senior Services Division - Monthly Commission Report
The Friends of OASIS held their annual Board elections this month. Eight new
members were elected with Phil Sansone being one of them. The Board also
elected the new'officers, and again, Norma'Gilchrist will serve as President. We
are very pleased to have Phil serving on the Board.
On June 5th and 6th, six seniors from OASIS shared their experiences of the
• Great Depression and World War II. Special classes from Horace Ensign
Intermediate School were selected to be the audience. The presentations were
exciting because of the first hand accounts that the presenters were able to
share. The students seemed to be appreciative.
The OASIS was again fortunate to have the Nightblooming Jazzmen perform at
a Sunday concert. This group is known nationally by Jazz enthusiasts and
attracted a crowd of 350 here at OASIS.
Our summer program mode went into effect this month. Some Coastline
College classes come to an end, but at the same time we take on a few extra
contract classes. Staff is busy preparing for the Senior Resource Fair and the
Mammogram screening day; Both are being offered in July.
3 �--
• OASIS SENIOR CENTER
May1995
MONTHLY
ACTIVITIES /UTILIZATION REPORT
CLASSES /GROUP
4056
LONG TRIPS
HUMAN SERVICES
Laughlin
Spring Fling
Another Passage
27
Blood Pressure
90
DAY TRIPS
Braille
76
Caregiver Support Group
6
Reagan Library
Case Management
7365
Ritz Carlton
Chair Exercise
75
Palm Spring Follies
Counseling
65
King & I
Eldercare
6
P.House of Design
Employment
25
San Diego Harbor Cruises
Information /Rental
1538
Legal Assistance
13
MEETINGS
Life On Your Own
31
Medicare Assistance
4
Board of Directors
• Shared Housing
Telephone Reassurance
48
Executive Committee
422
Long Range Planning
Visual Screening
3
Newsletter Collating
General Membership
VOLUNTEER HOURS
2673
VAN- TRANSPORTATION
Care -A -Van 502
Shuttle 414
P11490ki • ► ■
SPECIAL EVENTS
Sunday Movies 84
Pancake Breakfast 203
Old Fashioned Picnic 80
• 3
3
JUN 91995
COMMUNITY SERVICES
77
21
22
27
25
21
5
48
12
4
30
117
0
Agenda Item No. V I I -5
July 5, 1995
To: Parks, Beaches, & Recreation Commission
From: General Services Director
Subject: Tree Removals
Recommendation
Approve the removal of two trees at 2169 East Ocean Boulevard on the Balboa
Peninsula and provided the adjacent property owner pays for the cost of the
removal of the trees and a fifteen gallon replacement tree.
Discussion
The attached letter from Mr. Don Hammono, 2169 East Ocean Boulevard
requests the removal of two Ficus microcarpa nitida(Indian Laurel Fig) trees on
the basis root damage.
• A tree removal evaluation was performed by the City Urban Forester on May 24,
1995. He and the subsequent reviewer, the Park and Tree Superintendent, do not
recommend the removal of the tree
Although tree roots have damaged the curb and sidewalk in the past there is no
new damage to public property. The total value of trees in question is $8795.52
(copy of tree appraisal attached).
The trees have outgrown the area and are not considered by,staff to be desirable
trees in this limited size of parkway. It is only a matter of a few years before the
tree roots will again damage the curb, sidewalk, and adjacent property. At that
time, the City would have to fund the replacement of the curb and sidewalk.
Unless there are adjacent property owners who would protest the tree removal, ,l
would not object to the removal of the tree provided the removal and
replacement costs be borne by Mr. Hammono.
Mr. Hammono, in his letter of June 6, 1995, confirms his offer to remove the trees
and replant one tree.
Very respectfully,
• David E. Niederhaus
Attachments
3�
•
4_
W
m
I-
•O
O.
W
z
LL
O
I
•
z
W
a
w
0
W
U
LU
W
N
J
w
z
w
CD
OC
C
d
u
O
m
N
v`
Q
J
N
9
a
Q
w
w
H
)
3S
N
N
�
n
LO
J
Q
cn
T
T
N
M
M
06
r»
to
N
J
V)
Q
m
H
U
co
cn
m
H
O
Z
0 y
E in
0
N
N
O u
0
cn
cn
Z U
co
d'
d'
of
Ln
U
Z
O
V) ¢
°
v�
in
U
L!J Ll.
._
w
co
N N
g
0
0
Li
6i
U LU
co
oQ0
LU
LU
a
a
Q U
Z
Z
CL
w
z
Z
w 0F
_
o
0
U U
Ln
Ln
Z N
Ln
Ln
N
N
C9 (n
EA
:�
U
Y m
t
E
o
w
A
0
m
V)
m
£
E
W
LL
co
LL
m
w
m
N d
M
k
N
.�
N
June 6, 1995
David Niederhaus
General Services Director
3340 Newport Blvd.
Newport Beach, California 92659 -1768
David,
This letter is a follow up of our conversation that took place at my home
at 2169 E. Ocean Blvd, Balboa the week of May 28,1995.
is As I stated in our conversation I am willing to pay for the removal of the
two trees in front of the above address and to also pay for a new tree of
your choice to replace the two trees that will be removed.
It is my understanding that at my expense the city will furnish the tree
for "95.00" and this price includes the installation of the NEW TREE.
I wilt notify you of when we will have the trees removed and by whom
when we get the second bid from Western whom you recommended. We
have one other bid at the present time from "Approved Tree Care ".
Than r all of your help concerning this matter.
Don Hommono
67.3 -7615
� 3�
n
May 12,1995,
Mr. Niderhaus
General Services Director
3300 Newport Beach Blvd.
Newport Beach, California 92658 -8915
Dear Mr. Niderhaus,
As per my conversation with Mr. Connelly on May 10th concerning the two
Ficus Trees in front of my home at 2169 E. Ocean Blvd., Balboa Peninsula, I
am enclosing all of the letters that was sent and received.
• He stated to send the enclosed letters to you for your attention and then
you would have the matter looked into. This problem has been going on
with the trees as you can see from the letters since 1991 and nothing has
been done. The trees are getting bigger and causing more problems.
r1
U
Mr. Connelly stated that someone would be coming out to look at the trees
and when said person does come would you kindly call me so that I can be
here to talk to said person at the time. It will be much easier to solve the
problem of the trees in person rather then keep sending letters back and
f orth.
Thank you for you help on this matter.
Don Hammono
2169 E. Ocean Blvd.
Balboa, California 92661
673 -7615
� 1 3 c j-w E�
T
April 10, 1991
• Bill Brown
Risk Officer
P.O. Box 1768
Newport Beach, California 92661
Bill:
As for our conversation on Friday, April 5, 1991 about the trees in our
front Parkway and the roots of said trees lifting the bricks in the Parkway
in a manner to which they are causing a potential hazard to the sidewalk
pedestrians, who sometimes stray off the sidewalk onto Parkway and stub
toe's or stumble on bricks raised by the tree roots.
I personally administrated minor first aid to two small children on
different occasions for knee scrapes and stubbed toe's.
The roots have destroyed the side vm1k in front of our house (City
made repairs).
. As a home owner I am concerned about someone being injured more
seriously and as a Newport Beach Tax Pager I'm also concerned about
possible lawsuits that could arise from the potential hazard.
We have talked to Mr. Brooks and have written letters to him, but I feel
his hands are tied, as the decision of tree removal or pruning roots of
trees are up to the Parks and Recreation Department and Committee. We
also talked to them and nothing has been done to solve the root problem.
I'm not to sure as per our conversation that removing some bricks to
create a well around said trees is the complete answer to the problem.
Thanks for lending me your ear.
Sincerely,
Don Hammono
2169 E. Ocean Blvd.
• Balboa, California 92661
3�
Copy of letter to Jack Brooks enclosed.
•
U
•
CITY OF NEWPORT BEACH
GENERAL SERVICES DEPARTMENT
PARK AND STREET TREE DIVISIONS
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
(714) 644 -3162
September 15, 1993
Don Hammono
2169 E. Ocean Blvd.
Balboa, Ca.,_92662
Dear Mr. Hammono:
Your'request for two tree removals has been reviewed and examined on
site, by the Street Tree Committee and the City Tree Supervisor. A rec-
ommendation has been made to retain the trees.in accordance with Tree!Pres-
ervation'Policy I -9, of the City of Newport Beach for the following reasons:
These trees 'are .;; very healthy, beautiful and valuable trees to this commun-
ity. Leaf'drop is typical of Ficus trees, and no reason for removal.
We agree that-the uneven bricks on your parkway are a hazard. Please
remove all uneven-bricks necessary for us to perform root pruning within
30 days bf receipt of this'certified 'letter. Call me when the bricks are
removed at 644 -3162 so we can-perform this important root pruning which
will enable you to reinstall these bricks in an evem and safe manner.
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 David'Niederhaus, Parks,
Beaches and Recreation Commission, P.O. Box 1768, Newport Beach, Ca., 92658-
8915 for inclusion on the October P.B.& R. Commission agenda by September
21, 1993. -
Sincerely,
Randy 'Xearns
Park & Tree Superintendent
Attachment
3300 Newport Boulevard, Newport Beach
A
•)
u
•
\/
-CITY OF NEWPORT BEACH
GENERAL SERVICES DEPARTMENT
PARK AND STREET TREE DIVISIONS
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714)'644.3162
Mr. Don Hammono
November 151 -3
�S P Pl�owt, C&PI )vou Z1
2, a�i
/P
Zl %
2169 E. Ocean Blvd._
Balboa, Ca., 92661 l— -- -- _ wov\c-�rv+r�— y Moots
we �� % d' o f
Dear Mr. Hammono: n rl^ c�5 Ctrs fi ,
4 y-rk Tv ti,- Z
I have inspected your parkway and find that the bricks have Soex,�
not been removed as requested in the attached letter.
Please be advised that City
necessary to perform the needed
your property.
staff will now remove all bricks
root pruning, and stack them on
If you have any questions regarding this notice, please feel
to call me at 644 -3082.
Sincerely,
Randy Kearns
Park Maintenance Supervisor
CC: General Services Director
Street'Tree Supervisor
FILE
-3300 Newport Boulevard, Newport Beach
0
CITY OF NEWPORT BEACH
June 26, 1995
Mr. Don Hammon
2169 E. Ocean Boulevard
Balboa, CA. 92661
Dear Mr. Hammon:
The Parks, Beaches and Recreation Commission will be reviewing your request for
tree •removals at their next meeting on Wednesday, July 5, 1995. The meeting will
start at 7:30 P.M. in the City Council Chambers, 3300 Newport Boulevard,
• Newport Beach. A copy of the agenda and staff report are attached for your
information.
LJ
Sincerely,
Dorothy Flohr
Secretary to the Commission
P.0, Box 1768, 3300 Newport Boulevard s Newport Beach, CA 92659 -1768 • (714)644 -3151 Fax (714)644 -3155
0
CITY OF NEWPORT BEACH
June 26, 1995
Mr. Terry Wade
Wedge Preservation Society
P.O. Box 862
Newport Beach, CA. 92661
Dear Terry:
Your request to prohibit flotation devices at the Wedge is on the Parks, Beaches
and Recreation Commission's agenda for July 5, 1995. The meeting will start at
• 7:30 P.M. in the City Council Chambers, 3300 Newport Boulevard. A copy of the
agenda and staff report are attached for your information.
0
Sincerely,
Dorothy Flohr
Secretary to the Commission
P.O. Box 1768, 3300 Newport Boulevard • Newport Beach, CA 92659 -1768 • (714)644 -3151 Fax (714)644.3155
4i
•
•
Marshall P. Wilkinson
VL
July 5, 1995
Parks and Recreation Commission
City of Newport Beach
City Hall
Newport Beach, California 92660
Re: Bayview Park, Mesa Drive at Bayview Avenue
Dear Commissioners:
Your assistance is requested this evening to complete a process
that should have been final approximately two years ago when it was
authorized by your predecessors on this Commission in June 1993.
The subject of this request is the removal of three concrete
benches installed in the south- westerly section of Bayview Park
adjacent to the basketball court. Delivered herewith is a copy of
a portion of the minutes of the Parks and Recreation Commission's
meeting of June 1, 1993 wherein the Commission authorized the
removal of the benches as well as other changes. While virtually
all of the other items suggested by the Commission have been
accomplished, the benches remain.
It is not our desire to further discuss or argue this matter.
Rather, it is our hope that this body will direct staff to move
ahead with all possible speed to schedule and complete removal of
the benches. Should you so desire there are additional relatively
simple changes that might be made that might have a positive impact
in reducing the loss of privacy to the residence at 2613 Mesa Drive
that has occurred as a result of the location of the basketball
court. Our goal for now,- however, is the removal of the benches.
Your time this evening and your assistance in resolving this matter
quickly are greatly appreciated. I will be in attendance at this
evening's meeting should you wish to hear from me at the podium.
Otherwise I will remain seated and let you accomplish the goals set
forth in your agenda in addition to that set forth in this request.
20401 Bayview Avenue, Newport Beach, California 92660
t