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HomeMy WebLinkAbout5/6/1997 - Agenda PacketPB &R COMMISSION Meeting May 6, 1997 CITY OF NEWPORT BEACH • PARKS, BEACHES AND RECREATION COMMISSION REGULAR MEETING TO BE HELD TUESDAY, MAY 6, 1997 CITY COUNCIL CHAMBERS ROMM u ORDER AND ROLL CALL II. APPROVAL OF MINUTES - Meeting of April 1, 1997 TREE CITY USA AWARD Presentation of Tree City USA Award and the Tree Growth Award from Linda J. Romero, Urban Forester of the State of California, Department of Forestry and Fire Protection. IV. YOUTH BASKETBALL AWARDS Presentation of youth basketball awards to Harbor View School boys basketball team which won the OCMAA and represented the City and County in the Southern California Municipal Athletic Federation Basketball Tournament. • V. PUBLIC COMMENTS Members of the public are invited to comment on non agenda items. Speakers are limited to three minutes. VI. CONSENT CALENDAR 'NOTICE TO THE PUBLIC All matters listed under Consent Calendar (1 -8) 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. Speakers are limited to five minutes on agenda items. • 1. Park and Tree Division (Report Attached) Report of Park and Tree Division activities during April and upcoming projects in May. 2. Recreation and Senior Services (Reports Attached) Report of activities during April for these two divisions. 2 • 3. Preliminary Budget - 1997 -98 Capital Improvement Projects (Report Attached) Status report on the capital improvement projects transmitted in the preliminary budget. 4. Bench Donation (Report Attached) Accept one concrete bench donation from Cheryl Pasquarosa to be installed on the upper observation area at Inspiration Point. 5. Bench Donation (Report Attached) Accept one concrete bench donation from Mayor Jan Debay to be installed at Ocean Boulevard and Iris Avenue along the bluffs in Corona del Mar. 6. Bench Donations (Report Attached) Accept two 6' bench donations from Mr. and Mrs. Gordon Hally to be installed on the lower observation area at Lookout Point. Street Tree Redesignation, Tree Donation and Tree Removal (Report Attached) Approve change of designated street tree species from Carrot Wood to Queen Palm on Bayside Drive. Remove five Carrot Wood trees and replace with Queen Palm trees. • 8. Beach Volleyball Court Application (Report Attached) Approve installation of one beach volleyball court at 1508 Ocean Front. VII. DISCUSSION ITEMS 9. Gateway Parks (Verbal Report) Status report on the development of the Gateway Parks. 10. Annexation of Newport Coast (Verbal Report) Status report on the proposed annexation of Newport Coast. 11. Tree Removal and Replacement at Via Genoa and Via Lido Soud (Report Attached) Review removal request of one Eucalyptus tree and replacement by the Lido Isle Community Association. 12. City Council Policy G -1 (Report Attached) Review proposed draft of Policy G -1, Retentiom or, Removal of City Trees 13. Proposed Names for the Hoag Linear Park Site (Report Attached) Review proposed names for the park site. 14. Park and Open Space Committee (Verbal Report) • Status reports on Recreation and Open Space Element, Park Developments and Potential Development Sites. 15. Subcommittee Reports Reports from Budget, Tree Policy, Opening of Bob Henry Park and Community Service Awards Policy Committees. Item II • CITY OF NEWPORT BEACH Parks, Beaches and Recreation Commission Regular Meeting April 1, 1997 - 7:00 P.M. Staff present: David E. Niederhaus, General Services Director Steve Hunt, Senior 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 Demmer, Dunn, Glasgow and Schonlau were present. Commissioner Beek arrived at 7:35 P.M. Commissioner Compton was absent. II. APPROVAL OF MINUTES Commissioner Demmer moved the minutes of the March 4, 1997 meeting be approved. The motion carried by the following vote: Ayes: Demmer, Dunn, Glasgow and Schonlau III. PUBLIC COMMENTS - None IV. CONSENT CALENDAR Commissioner Glasgow moved that the following items be approved except for those removed from the Consent Calendar. The motion carried by the following vote: Ayes: Demmer, Dunn, Glasgow and Schonlau Item # 1 -Park and Tree Division Approve report of Park and Tree Division activities during March and upcoming projects in April. • Item #2 - Removed from Consent Calendar Parks, Beaches and-Recreation Commission April 1, 1997 Page 2 • Item #3 - Bench Donations Accept two 6' teak bench donations from the Balboa Island Improvement Association to be installed at Balboa Island Park. Item #4 - Removed from Consent Calendar ITEMS REMOVED FROM CONSENT CALENDAR Item #2 - Recreation and Senior Services, In response to a question from Commissioner Demmer regarding the Bonita Creek L.A. Cellular Update, Director Niederhaus and Steve Hunt explained that the "Most Favored Nation" clause means that if a contractor provides a better rate fee for a service to another city, we get the benefit of the higher rate fee as well. Item #4 - Planter Donations Director Niederhaus reported the Balboa Island Improvement Association requested that their donation be increased to 80 pots which will be installed at 40 • locations on Balboa Island. Staff has no objection and will work closely with the Association's Beautification Committee in regards to proper locations and plant material. 5- Upon Commissioner Dunn's recommendation, Director Niederhaus agreed that staff will have final approval of installation of the pots and plant material which will be selected from a pre- approved list to be provided by City staff. Commissioner Glasgow moved to accept Item #2 and approve Item #4 as corrected. The motion carried by the following vote: Ayes: Demmer, Dunn, Glasgow and Schonlau V. DISCUSSION ITEMS Item #5 - Newport Beach Arches Interchange Lloyd Dalton, Capital Projects Engineer for the City's Public Works Department, addressed the Commission and introduced Gail Pickart, consultant for the project. Parks, Beaches and'Recreation Commission April 1, 1997 Paee3 • Mr. Dalton presented exhibits for the interchange improvements which include constructing a wider bridge and wider sidewalks with the use of dedicated lanes to turn on and off Newport Boulevard. Mr. Dalton also explained the proposed retaining wall, medians, bicycle path, landscaping, traffic movement, handrail, stairway and parking lot. Commissioner Glasgow pointed out it is important to have the proper soil and amenities at this location and recommended attractive flood lights be utilized. Director Niederhaus explained that the project provides for irrigation and landscaping materials. Caltrans determines the plant material which will be maintained by the City. Gail Pickart, consultant for the project, addressed the Commission and reported the Public Works Department will introduce the formation of assessment districts to implement underground utilities at the City Council's April 14 meeting. Construction is expected to start after Labor Day and be completed after 21 months. Landscaping of this project will be coordinated with landscaping of the Gateway Parks. • Item #6 - Proposed Names for the Hoag Linear Park Site Chair Schonlau reported that Commissioner Compton requested this item be postponed to the May meeting when he will be present. Commissioner Demmer moved to postpone the naming of the park site to the Commission's May 6 meeting. The motion carried by the following vote: Ayes: Beek, Demmer, Dunn, Glasgow and Schonlau Item #7 - Park and Open Space Committee Steve Hunt reported the committee met with the consultant and will meet again later this month. A status report will be presented to the Commission at their May meeting. Item #8 - Subcommittee Reports • Steve Hunt reported the Community Services Department had their preliminary budget meeting with the City Manager today. Director Niederhaus reported the 0 Ll Parks, Beaches and Recreation Commission April 1, 1997 Pace 4 General Services Department preliminary budget meeting will be held later this week. Director Niederhaus reported he received the final draft of the G -1 Policy from the City Manager which will be reviewed by the City Council's Harbors, Beaches and Parks Committee on April 15 before being presented to the Commission. Following review by the Commission, the policy will be transmitted to the City Council. At Chair Schonlau's request, Director Niederhaus will obtain the City Manager's approval to send draft copies of the policy to the Tree Policy Subcommittee. Steve Hunt reported the irrigation coverage test at Bob Henry Park is scheduled for April 2. Following approval, the area will be hydroseeded. The tentative opening of the park is Saturday, July 26. The committee's next meeting is Friday, April 18, at 4:00 P.M. Commissioner Demmer. recommended the Community:Service Awards Committee consider honoring Dr. Jan Vandersloot for his efforts at Cliff Drive Park, Betty Moses for coordinating the dolphin project in the Corona del Mar medians, and Peggy Marotta, Bench Coordinator for the Balboa Island Improvement Association. VI. FUTURE AGENDA ITEMS The status of the annexation of Newport Coast will be addressed at the Commission's May 6 meeting. VII. ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission adjourned at 8:05 P.M. The agenda for this meeting was posted March 25, 1997 at 4:00 P.M. on the City Hall Bulletin Board outside of the City of Newport Beach Administration Building. • Agenda Item No. 1 May 6, 1997 General Services Department Park and Tree Divisions April, 1997 Activities Report Park Division Activities 1. Staff continued coordinating construction projects regarding MacArthur Boulevard, Bob. Henry Park, El Paseo Storm Drain, Castaways Park, Balboa Boulevard medians between 14th and 16th Streets, the Pacific Coast Highway and Newport Boulevard Bridge/Interchange Project, and Hoag Linear Park with the Public Works Department. The Seashore Drive street end improvements from 51st Street to 55th Street have been completed. 2. The annual turfgrass renovation program continued throughout the Parks system. Turf de- thatching continued at several sites by staff. • 3. Irrigation renovation and plant replacements were completed by staff at various sites in the Parks system. 4. Staff continued coordinating the annual control of rodents by contract services at various sites throughout the Parks system. 5. Irrigation renovation and plant replacements were performed by contract in several of the median and roadside areas. 6. A City vendor, the Toro Irrigation Company, donated sprinkler heads valued at $2,500 and installed them at Begonia and Westcliff Parks. These Parks are being used as test sites and will be monitored by Toro for product efficiency. The sprinklers are a substantial improvement over the former irrigation system. We can anticipate that the new products will result in lower water consumption and healthier turfgrass. 7. The Lawn Bowling Club has completed the turfgrass renovation of the second bowling green. The club anticipates to play on the newly renovated green by the end of this summer. . 8. A donated replacement bench was installed at Inspiration Point. 17 9. A California Coast Live Oak tree, donated by Stop Polluting Our Newport (SPON) was planted at Cliff Drive Park. This was the first tree planting to be part of an ongoing program that will result in yearly tree plantings by SPON. Upcoming Activities for Mav 1. The turfgrass renovation program will continue throughout the City including de- thatching and fertilizing by staff. 2. The planting of replacement shrubs and ground covers will continue City- wide. 3. Staff will continue to coordinate the installation of recycled wood chips by City landscape maintenance contractors in all City medians and roadsides for weed control and water conservation. 4. The Kings Road Park stairway removal and replacement project will be completed. Tree Division Activities During the month of April, 530 trees were trimmed, 6 trees were planted, 23 trees were root pruned, 23 trees were removed, 4 emergency calls were responded to regarding trees and 188 tree maintenance requests were received by the Urban Forester. Tree trimming has been reduced to two weeks per month due to lack of 'funds. 1. Tree removals were performed at these various locations during the month: 2842 Irvine Avenue - Two trees removed due to property damage. Replacement trees to be planted once construction is completed. 1951 Vista Del Oro - Two trees removed due to property damage. Two replacement trees planted. 1953 Vista Del Oro - Two trees removed due to property damage. Two replacement trees planted. 601 through 735 Bayside Drive - Ten trees removed due to hardscape damage. No replacement trees will be planted until after a Homeowners Association proposal to change the designated street tree on Bayside Drive • between Harbor Island Drive and Jamboree Road is reviewed by the Commission. 40 216 East Bay Avenue - Two trees removed due to property damage. Two replacement trees planted. Westcliff and Dover Avenues Roadside - Five trees were removed to accommodate a street widening project on the east side of Dover Avenue. Five replacement trees will be planted when the street project is completed. 2. The City tree trimming contractor, West Coast Arborists, completed scheduled work within the Westcliff areas. Additionally, ficus trees on East Pacific Coast Highway were trimmed in the business district. 3. The Urban Forester coordinated the Citywide Sidewalk Replacement Program with the General Services Department Concrete Supervisor and the Public Works Department. This involved the Urban Forester inspecting City street trees as it related to sidewalk repairs. 4. The Leeward Lane sidewalk replacement project was completed on April 11, 1997 and was coordinated between the General Services Department Concrete Crew and the Urban Forester. The Leeward Lane citizens committee had been notified of the work schedule which included trimming of the trees, removing of the hardscape, root pruning, tree stability test, • evaluation of potential tree failure, installation of root barrier, and hardscape. All the trees where work was completed passed the stability test and were not removed. 5. Staff is coordinating the annual Arbor Day Program with the Community Services Department. This year the program will be held at Buffalo Hills Park on May 6. Commissioners are respectfully invited to the event. Further details well be provided by separate correspondence. _IY n . I . - .. r— Park and Tree Maintenance Superintendent MGL /pw 0 I� Agenda Item No. 2 • COMMUNITY SERVICES DEPARTMENT DATE: April 29, 1997 TO: Parks, Beaches and Recreation Commission FROM: Steve Hunt, Senior Recreation Manager SUBJECT: Recreation Division - Monthly Commission Report Adult Sports - Summer softball registration has resulted in over 160 coed, men's or women's teams. Twenty-one leagues will start play on May 12 and continue through the middle of August. A total of nine different fields will be used as game sites. During the summer, staff is able to schedule twilight leagues (game times 4:45 p.m. and 6:15 p.m.) on non - lighted fields such as Eastbluff School, San Miguel Park and Corona del Mar High School fields. The summer basketball registration deadline is May 23. League play is set to start the week of June 16 and will include anew game site, the Eastbluff Girls and Boys Club gymnasium. The outdoor volleyball tournament season will start in May. Corona del Mar State Beach will host a men's and women's doubles tournament on May 24 and 25. On May 26, Memorial Day, a four • person grass tournament will held at Mariners Park. Buffalo Hills Park, Phase II Playground Replacement - The Community Services Department is very pleased that the Newport Hills Community Association has elected to provide a $12,000 donation for the enhancement of Buffalo Hills Park. The funds will supplement a Department project and will be used exclusively for the enhancement of the playground and replacement of the tot lot equipment located in Buffalo Hills Park, Phase II. This project will enlarge the sand tot lot, add to and improve the surrounding wall, remove and replace the existing play equipment and allow for the required installation of wheelchair access surfacing. The approximate date for the completion of this project is May 30, 1997. Facility Rentals - According to the 1996/97 revenue projections for facility rentals, receipts are right on track. Records indicate that a total of $14,363.54 in revenue was collected in the third quarter of the 1996/97 fiscal year. This amount represents revenue from two divisions, Recreation Services and Senior Services. Of the $14,363.54 collected, $12,152.54 is from Recreation; $2,211 from Senior Services. A total of 109 reservation permits have been issued and 137 receipts have been, processed in this three month period. Many ongoing reservations result in multiple payments. Internal and co- sponsored groups, such as City departmental and scout groups, are not charged. See attached chart. Arbor Day Celebration - A reminder that the 1997 Arbor Day Celebration will take place on • Wednesday, May 7, at Buffalo Hills Park. The program, which will include third and fourth grade Monthly Commission'Report Page 2 participants from students of Andersen Elementary School, begins at 10:30 a.m. Mayor Jan Debay • will participate in the ceremonies. Newport Beach has been named as a Tree City USA for the seventh consecutive year, and a forester from the State of California will be on hand to present the City with a Tree City USA flag, which will be flown above a City facility for the year. Contract Classes - It is definitely Spring and participants are getting back into the swing of things! Leisure classes have higher than normal attendance records with participants enjoying such activities as golf, tennis and sailing. April activities include golf -55, ceramics -16, "Goal for It" Kid's Soccer -21, West Coast Swing -41, and volleyball -51. The Summer 1997 Newport Navigator will be mailed to residents the week of May 5. City Youth Council - The Newport Beach Youth Council, consisting of Corona del Mar,and Newport Harbor High School students, requested and received a Community Tree Planting Grant from the Tree Society of Orange County. The grant covered the cost of planting three Crepe Myrtle trees at each of the two high school campuses. Planting took place at Corona del Mar High School on Thursday, April 17, and Newport Harbor High School on Friday, April 18. Thanks is also due to Marcy Lomeli and John Conway from the General Services Department for their effort on this project. • Forty -eight student applications have been received for City Government Day, Tuesday, May 20. The event is designed to increase student understanding of municipal government and to increase the awareness of the City Council and City staff regarding high school student opinions and concerns. It is open to any resident high school student and includes a two hour internship, a mock council meeting and lunch. During the mock council meeting, students will be discussing three agenda items concerning BPPAC, special event permits and teen curfews. 0 1� • u rn N N N m v n m c 0 m d W r w °'' J a .. O O h m T M O M r to, OI P, N a! 4) Cl) O M N M, W tV• N M � 0 O O N co CD c0 N O O 0) 00 aTD N L0 h M J C v: QN o N O O U') In h h OD r r r O j v { O M N 4 r N �. m uD co o o 0) oo co ° ° v v 0 m r O OD W `o IT � 1-: n r co cD' co 0 r: .v .'O' U) N m 0) co O o N CD, h N r O r M N I O co M r T O C6 Ld W U m � CO O O O N 0 c0 N c0 O r N N o c0 co o Z N of LIJ N U. O O Cl) am c0 N t- h r V co Ou w r cp Z MI N ���i Cl) W .M CO a0, O r h Vi LIJ ' � 1 r V' -It CD M � r O r co Z w cfoo O DO) M ED N co r N Q N M M h O 0 CD O h M N r O V co 7 L r (D N N LL m a O O 00 N co co r N co U c0 m O N r M N W co �* re N N K O N U � > > y y O K 0 D. o U ~ V U w s a a a a 90 ¢ i i Z Da. O Da. O rA ae as at ak 2 U rn N N N m COMMUNITY SERVICES DEPARTMENT DATE: April 29, 1997 TO: Parks, Beaches, and Recreation Commission FROM: Celeste Jardine -Haug, Senior Services Manager SUBJECT: Senior Services Division - Monthly Commission Report On Tuesday afternoon, April 15, tax counselors were still preparing tax forms for clients at OASIS, as part of the free tax -aide program. The program was very successful this year with 503 people served by five volunteers, who worked a total of 407 hours. Staff found that the volunteers were very well trained and provided a needed service to the OASIS customers. Jan Koriath began this month in her new position as Recreation Coordinator, filling a three month vacancy. Jan, who came to the City from Westminster, will coordinate the recreational and educational activities of the Center. The current staff has done an excellent job in filling in while the position was vacant, but are very relieved to be back at their regular responsibilities. The Friends of OASIS Planning Committee are working on a potential remodel of the main kitchen in the multi - purpose room at the Center. The kitchen has outdated equipment and lacks adequate storage space. As part of the design and planning process, the committee is evaluating needs of the various •users of the facility. They are anticipating that the Board of Directors of the Friends of OASIS will approve expenditures for this project from gift funds received by the Friends. 0 The annual OASIS Health Fair was held on Saturday, April 19. A variety of health screenings, a blood chemistry profile, a prostate screening test, bone density scan, and many informational booths were available. Hoag Hospital provided many of the exhibits and screening stations. One hundred twenty five volunteers assisted staff on the day of the event. The Fair was open to the community for those 18 years or older and the entrance was free. Four hundred thirty people participated. May is Older Americans Month and staff is planning a Western Hoe -Down to celebrate. The event will be held on May 19 and will include a live band for line dancing, a chicken BBQ lunch, and many outside activities. The cost of the event is $10. 11 OASIS SENIOR CENTER • SUMMARY OF ACTIVITIES - MARCH 1997 28 PARTICIPANTS ATTENDING 28 Red Line CLASSES OR GROUP SESSIONS - 3780 CUSTOMERS 9 PERSONALIZED SERVICES PROVIDED 2116 SERVICES Includes: Another Passage 7 Information/Referral 1186 Blood Pressure 111 Legal Assistance 12 Braille 66 Life On Your Own 17 Counseling 75 Senior Assessment (hrs) 30 Employment 25 Telephone Reassurance 534 HICAP 25 Visual Screening 5 Housing 20 SENIORS RECEIVING TRANSPORTATION SERVICES - 894 CUSTOMERS Care -A -Van 518 Shuttle 376 CUSTOMERS RECEIVING NOON MEALS AT THE CENTER - 1,366 CUSTOMERS • VOLUNTEER HOURS OF SERVICES PROVIDED AT THE CENTER - 2557 HOURS Includes: (Equivalent of 15.98 full time employees) Front Office Kitchen Gift Shop Pancake Breakfast Home Delivered Meals Special Events Instructors Travel Office Office PARTICIPANTS IN FRIENDS OF OASIS TRAVEL PROGRAMS - 170 CUSTOMERS Overnight Trips Las Vegas 41 Day Trips Ride the Toll Roads 28 Huntington Library 28 Red Line 35 IMAX 9 Santa Anita 29' ATTENDEES TO MEETINGS AT OASIS Board of Directors 15 • Steering Committee 8 Newsletter Collating 42 General Membership 115 6 - 180 PERSONS r� • 0 1b Agenda Item No. 3 COMMUNITY SERVICES DEPARTMENT DATE: April 29, 1997 TO: Parks, Beaches and Recreation Commission FROM: LaDonna Kienitz, Community Services Director /City Librarian David E. Niederhaus, General Services Director SUBECT: Preliminary Budget - 1997/98 Capital Improvement Projects The attached review of requested and funded Capital Improvement Projects for 1997/98 has been released by the City Manager. Those projects which have been funded will appear in the preliminary budget at the funding levels indicated. Numerous worthy proposals were delayed or combined with other projects in order to produce a balanced budget. Those projects which relate to the Recreation and Senior Services Divisions (Community Services Department), the Parks and Parkways and Street Tree Divisions (General Services Department) are highlighted for your information. pq q r E' m M `a 6 • W z B z D LL z N J V • F- LU a. 0, rn m m m m E E E E o Q o Q o o 00 00 00 CL 0. n. n. n. S S E S 13 '� .0 y yyyy 12 2I2 N N N LLLC N 0 l0 IU N m QI no m cC Sv L •� L N N N W E 000 d U 0 0 0 0 IL LL ILLLLL »a N = 2 = x a s 0. 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IL o aJ W cX? a o, 'S m — a W a« a w m 0 0 0 0 m� m a,o a W F �F ZO L 2 'N E W O 'p N C N N N N N y O w= m c6 E J Q t9 �p a« C o O H Z �. 'gyp Uj "O L� N w y Z ZzZ oU-C .�vE ~O O o`rn m .m I•- m W `w `m `m `m ° a m e n° g- LL w D W m w y o w a a 6 a w t6 N ~ 'J v = 1- F- i0 W 0 o m N N N r » »zmm c9zmz00 LL LL a t0 03m N M st W M N 7 m M O W m M a W W 1� U p 0 0 0 0 0 0 0 0 0 o n 0 2 cn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N o -N' N 0 N 0 0 0 0 W 0 0 0 0 0 Q n 0 v 0 U 0 0 0 0 U�U:.:U<:�� UU UU��U -w .. - _ .m - w 0 •O I M W W W I� m OI .O -a- N t+T :.. N N N (y - W. h W O.�N .: _ N N N N N N .M c9 P') c0 tl1 m (h th IT -T s} s- C] E To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Bench Donation Recommendation Agenda Item No. 4 May 6,1997 To accept one concrete bench donation from Ms. Cheryl Pasquarosa that will be installed on the upper observation area at Inspiration Point. Additionally, that the verbiage and size of the donor plaque conforms to City Council Policy. Discussion Staff received an inquiry from 'Ms. Cheryl Pasquarosa regarding a proposed bench donation for Inspiration Point. Subsequently, the donor submitted the attached letter requesting the approval of one bench donation. The existing wooden benches at the site are in poor condition due to the extreme seacoast exposure and are in need of replacement. Ms. Pasquarosa and her mother, Mary Elaine Andrews, have received a copy of this report and a notice of the May 6 Commission meeting. Very respectfully, David E. Niederhaus DEN /MGL /pw Attachments 0 1� RECEIVED • APR 03 1997 GS FARKS/TREES 20132 Redlands Drive Santa Ana Heights, CA 92707 April 1, 1997 Mr. Marcelino Lomeli Park and Tree Superintendent General Services Department Post Office Box 1768 Newport Beach, CA 92SW1768 Dear Mr. Lomeli: I am requesting on behalf of my family to donate to the City of Newport Beach one concrete bench (Huntington Beach style) for Inspiration Point, located in the upper observation area in Corona del Mar. Per our telephone conversation, we would like to .replace the old bench that is closest to the drinking, fountain. As this bench is being donated in memory of our father who recently passed away, we would like the bronze plaque to read: DONATED FOR PETER P. ANDREWS. Please direct any further correspondence to me at my home in Boston: Cheryl Pasquarosa 127 Windham Road Boston, MA 02136 tel (617) 4784620 My mother, Mary Blaine Andrews, plans on attending your May 6th City Council Chambers meeting in case there are any questions. If necessary, she can be reached at the Redlands Drive address above or by phone at 546 -8539. Many thanks for your help. Sincerely, • CheryIP squarosaa 2'� 0 Agenda Item No. 5 May 6,1997 To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Bench Donation Recommendation To accept one concrete bench donation from Mayor Jan Debay that will be installed along the bluffs on Ocean Boulevard and Iris. Additionally, that the verbiage and size of the donor plaque conforms to City Council Policy G -5. Discussion Staff received an inquiry from Mayor Jan Debay regarding a proposed bench . donation for Inspiration Point. Subsequently, the Mayor submitted the attached letter requesting the approval of one bench donation. The proposed bench will replace a very old fiberglass bench at this scenic location. • 2S Mayor Debay has received a copy of this report and a notice of the May 6 Commission meeting. Very respectfully, David E. Niederhaus DEN /MGL /pw Attachments Is • M# Counoilmember Jan Debar 7146461261 P.01 Date: #a3 %?7 Mr. Maicelino Lomeli Park and Tree Superintendent General Services Department Post Office Box 1768 Newport Beach, California 92659 -1768 Dear Mr. Lomeli, 1 am requesting to donatelo.the City of Newport Beach one concrete bench to be located on the bluffs of Ocean Boulevard at Iris Avenue. The cost of a concrete bench is $737. The cost will include a two (2 ") by six (6 ") inch bronze plaque with conforming verbiage per the City Council policy. Sincerel , Agenda Item No. 6 May 6,1997 To: Parks, Beaches and Recreation Commission From.: General Services Director Subject: Bench Donations Recommendation To accept two six foot bench donations from Mr. and Mrs. Gordon Hally that will be installed on the lower observation area at Lookout Point. Additionally, that the verbiage and size of the donor plaque conforms to City Council Policy G -1. Discussion Staff received an inquiry from Mrs. Jill Hally regarding a request for two bench donations for Lookout Point. • Subsequently, she submitted the attached letter requesting the approval of two bench donations. The existing wood benches at the site are in poor condition due to the extreme seacoast exposure and are in need of replacement. The bench that is being proposed is on the Official Bench List and is made of concrete and recycled fiberglass. Mr. and Mrs. Hally have received a copy of this report and a notice of the May 6 Commission meeting. • )II Very respectfully, David E. Niederhaus DEN /MGL /pw Attachments Fine Art Advisor Corporate Art Planning and Development Acquisitions • Curatorial Services Site Determined Sculpture Commissions JILL R. HALLY April 16, 1-997 Mr. Marcelino Lomeli Park and Trees Superintendent General Services Department Post Office Box 1768 Newport Beach, California 92659 -1768 Dear Mr. Lomeli, RECEIVED APR 2 41997 GS PARKSfrREES We are requesting to donate to the City of Newport Beach two concrete benches located at the lower observation area of Lookout Point. The benches will each be six foor Quick Crete product named Santa Monica that is constructed • of concrete ends and recycled materials. We will also provide two, two (2 ") by six (6 ") inch bronze plaques with conforming verbiage per the City Council policy, Please let us know how to proceed and to whom to send the-money and text. Thank you. yly, d Gordon Ha- y I D 2733 Shell - Street Corona Del Mar, CA 92625 (714) 673 -7722 FAX (714) 673 -8133 Member, Association of Professional ArtAdwsors, N.Y. 0 Agenda Item No.? May 6,1997 To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Street Tree Redesignation, Tree Donation, and Tree Removal Recommendation To change the designated street tree species from Cupaniopsis anacardioides (Carrot Wood) to Arecastrum romanzoffianum (Queen Palm) on Bayside Drive between Harbor Island Drive and Jamboree Road. To authorize the removal of the 5 remaining Carrot Wood trees. Discussion The General Services Department Field Maintenance Division, in conjunction with the Street Tree Division, have been replacing hardscape along Bayside • Drive. The roots of the existing Carrot Wood trees have significantly damaged the sidewalks. The trees at many of these locations were removed because of root removal on all four sides of the tree and potential tree failure. The Carrot Wood tree is not a species recommended for parkway installation. Staff received an inquiry from Mr. Colin Berger of 601 Bayside Drive regarding a request to replant replacement trees if -the tree species was changed. Subsequently, the Promontory Bay Community Association sent 'the attached letter requesting that the designated street tree be changed from the Carrot Wood to the Queen Palm. Additionally, the residents are willing to pay up to $350 for each of the replacement trees. The 5 remaining Carrot Wood trees would be removed and replaced by Queen Palms to avoid future sidewalk damage and promote a uniform treescape. The Promontory Bay Community Association and Mr. Berger have received a. copy of this report and a notice of the May 6 Commission meeting. Very respectfully, David E. Niederhaus DEN /MGL /pw . Attachment 21 s PROMONTORY BAY COMMUNITY ASSOCIATION April 13, 1997 David E. Niederhaus General Services Dept. 3300 Newport Blvd __� _ Neuroort Aeaah, CA 926 -58 =-8715 Dear Mr. Niederhaus, I have been requested by the Board Of Directors of the Promontory Bay Community Association to contact you. Recently the city removed carrotwood trees located along Bayside Drive, due to the damage being caused to the sidewalks and streets. We hereby request the city to change the approved trees from Carrotwood to Queen Palms. We also request the city to remove the remaining 5 trees and replace all the trees with Queen Palms. It is our understanding that the cost is to be born by the owners. Of the 18 homes along Bayside Drive 17 (one is out of the Country) have responded that they are willing to pay $250 - $350 per tree to have to have Queen Palms installed. Please notify me of the way you wish this to be handled and we will proceed. Your cooperation is appreciated. Should you have any further question please feel free to contact me at (714) 253- — 32v -1. -- - - -- - - - - Sincerely, vJanice Eddington On Behalf of the Board of Directors ail Association Manager, Villageway Management, Inc., P.O. Box 4708, Irvine, CA 92716, (714) 553 -1876 0 F1 l_J 31 Agenda Item No. 8 COMMUNITY SERVICES DEPARTMENT DATE: April 28, 1997 TO: Parks, Beaches and Recreation Commission FROM: Scott Williamson, Recreation Coordinator SUBECT: Beach Volleyball Court Application Attached is a request from Jim Hooper to add a beach volleyball court at 1508 Ocean Front. Mr. Hooper has complied with the proper notification process and has received approval from the residents who live within 200' of the proposed court. Staff recommends approval of the proposed court location which has also been approved by the General Services Director and the Deputy Chief of Marine Management. � F 3� ,' tP ,t i . N WRY ,� // PPG�FIG ' 1 L° C9 OGEAo 3 �t IT 0 CITY OF NEWPORT BEACH COMMUNITY SERVICES DEPARTMENT APPLICATION FOR THE ADDITION OF BEACH VOLLEYBALL COURT NAME tojQ� 1K PHONE7iy 477' qj3 ( ADDRESS iUs (S S��'LLf- NQL�py(t 4&cjt, cQ ZIP PROPOSED LOCATION /670'rJ ✓`rG'uhi& rlttov ' yt,/. /I TO: SIGNEE The aforementioned person has applied to have a volleyball court placed in the location listed above. The City requests your input on this issue. Once the city has received all of the necessary documentation, the Parks, Beaches and Recreation Commission will determine whether or not to approve the request. If you have any questions, please phone the Community Services Department at 644- 3151. ----------------- -- -�- - - - - -- 1) PRINTED NAMErJ• /% PHONE ADDRESS /L?`/ 2IP SIGNATUl��% %%t. /��1�r YES NO COMMEN Z,Z 4 ,� G/ kXe -,Je IC�G 2 ) PRINTED NAME /�� RR/G- A/C--x20 PHONE ADDRESS 5 �� - / S% , ZIP SIGN URE APPROVE: YE NO COMMENTS /7-/.0 /L5- D AIAW V /�JcaQCtS' 6WO MCA,!7- 3 ) PRINTED NAME_ rn 6-' / M L''-L � PHONE -71Y Pl% - �f y ADDRESS S �G'S� NF} ZIP Z SIGNATURE_ _�Lur APPROVE: S NO COMMENTS 4-( 4 ) PRINTED NAME ✓ �" Ps PHONE W 9'- a S dF ADDRESS - -�(? � 0 / �7^ _ ,� ZIP l /Y - SIGNATURE APPROVE: YES NO COMMENTS 33 � . 5 ) PRINTED NAME ;� !'t /� / I� V / d (-S PHONE S )q - d / 3 - o q R j ADDRESS S V GVsJ-' �f �r1 r ft13'n7� �� ZP I SIGNATURE ry✓ OV E: YES NO 6) PRINTED kLjos.v ADDRESS /-S-/ 8 - Q 1J. OeeGu4l, ZIP ?Aj�V SIGNATURE APPROVE: YES NO COMMENTS 7) PRINTED NAME ReJet L 9. Caw-O l I PHONE ADDRESS (5-16 LI. Ocean �rab��� ZIP � 3 SIGNATURE �� ��� APPROVE: YES' NO COMMENTS 8) PRINTED NAME • ADDRESS PHONE SIGNATURE APPROVE: YES NO COMMENTS 9) PRINTED NAME PHONE ADDRESS ZIP SIGNATURE APPROVE: YES NO COMMENTS * Please make photocopies if additional signatures are required. ------------------------------------------------------------------- * CITY USE ONLY pA �_ A 7 APPROVE: YES NO OR AT COMMENTS • GENERAL SERVICES DIRECTOR DATE APPROVE: YES NO COMMENTS A O,�GE COUNTY 1996 -97 SECURED ASSESSMENT ROLL BRADLEY L. JACOBS ASSESSOR i�.'�RC�dL # OWNER MAIL ADDRESS ZIP '/21108 21109 4721110 04721111 ✓64721113 X04721114 ✓ 4721117 04721118 04721119 1/04721120 04721122 04721126 04721127 04 04721129 0 u 35 ZABY, ANGELO SECKETA, GRACE D HEALY, EDWARD G TR HEALY, EDWARD G TR VAN ORNUM, W L TR NERO, MORRIE EUGENE NOYES, JOHN E NOYES, BANKS, CHARLES A TR GERRICK, ALFRED D TR MAMELLI, JOSEPH C KURISU, ROBERT H SCHIRO, JENNIE TR CANTWELL, JAMES R TR VAN ORNUM, W L TR 444 W KATELLA AVE ANAHEIM,CA 117 15TH ST NEWPORT BEACH,CA 700 CLIFF DR NEWPORT BEACH,CA 700 CLIFF DR NEWPORT BEACH,CA 107 15TH ST N2X2nRT BEACH,CA TR105 E 15TH-ST NiOPO T BEACH,CA 1508 W OCEAN FRONT NEWPORT BEACH,CA 1510 W OCEAN FRONT NEWPORT BEACH,CA 1512 W O 'RON2 EWPORT BEACH,CA 1514,W OCEAN FRONT_�NEWPORT BEACH,CA 151 -B W OCEAN FRONT NEWPORT BEACH,CA 1043 HAWTHORNE DR ONTARIO,CA 1511 W BALBOA BLVD NEWPORT BEACH,CA 707 15TH ST NEWPORT BEACH, CA DONALDSON, DONALD RAY 1517 W BALBOA BLVD NEWPORT BEACH,CA L y rE55'sg4,v�q 51 &" wru `ZcSs .-ra ,Ak< L�Vt'I I Wer -F TV 5 ✓'p5t- 92802 92663 92663 92663 92663 92663 92661 92663 92660 92663 92663 91762 92663 92663 92660 4 COUNTY 1996 -97 SECURED ASSESSMENT ROLL # OWNER MAIL ADDRESS OW-2113.0 KUZMA, JOHN THOMAS TR .LUNDY, MABLE 7 21131 lv�04LG g Pct2p i cofte4"' A6je uv 4730003 STATE'OF CALIFORNIA 93980010 CARROLL, FREDRIC R 1516 W OCEAN 93980011 CARROLL, FREDRIC R 5 OCEAN 0 0 3� BRADLEY L. JACOBS ASSESSOR ZIP 1519 W BALBOA BLVD 92663 FRONT #B NEWPORT BEACH,CA 92663 (� FRONT #B NEWPORT BEACH,CA 92663 Kv stgtc of Cgli �OP17iq Or9vycl CQ 57z'-" I l OM UNITYSMa"'- • CITY OF NEWPORT BEACH TO: APPLICANTS FOR THE ADDITION OF BEACH VOLLEYBALL COURTS FROM: COMMUNITY SERVICES DEPARTMENT SUBJ: PROCEDURES FOR APPLYING FOR THE ADDITION OF VOLLEYBALL COURTS The Community Services Department is required to enforce regulations controlling the addition of volleyball playing areas on city beaches. The regulations include the following procedures: 1. Formal notification of all property owners within 200' of the proposed location. Notification must be documented by completion of the attached form, with postal service receipts verifying notification and response of absentee property owners. Responses are not needed from renters. 2. A detailed description of the proposed location including the nearest street end, residential address or lifeguard tower. • The proposed location shall'not be within 50' of a private property line, sidewalk, lifeguard tower or other permanent structure. Tandem volleyball courts shall have a minimum of 12 feet of space between adjoining posts. The applicant must agree that the City is not responsible for damage to personal volleyball equipment from beach cleaning crews, vandalism, etc. Participants must comply with all local ordinances and regulations: 1) Volleyball nets and lines must be removed daily at sunset. 2) Alcohol is prohibited. 3) Loud noise and profanity are prohibited. 4) An open court challenge system is always in effect, regardless of who owns the net and lines. Completed applications will be reviewed by the General Services Department and the Marine Department for their recommendations. The Parks, Beaches and Recreation Commission will then make a ruling on the issue at a regularly scheduled, monthly meeting. Citizens are encouraged to attend these meetings and provide input to the commission. Applicants will be notified of the date that the commission will be making a ruling. It is a commission policy to attempt to locate all new volleyball courts at street ends. 1 For more information phone 644 -3151. ✓1 P.O. Box 1768, 3300 Newport Boulevard • Newport Beach, CA 92659 -1768 • (714)644 -3151 Fax (714)644 -3155 TO Q Accounts Payable Q General Services E7 Administrative Services C] Human Resources Q Building Q Mayor Q City Attorney Q M.I.S. Q City Clerk Q Planning Q City Manager Q Police City Manager (Assistant) Q Public Works/Engineering- - = - E>qCommunity Services [] Public Works/Utilities C] Fire arine � Q Revenue , FROM • DEPT. �:NfRAI �o�- i?[' ❑ACTION OAS REQUESTED PREVIEW OINFORMATION ❑COMMENT EJFILE SIGNATURE ['RETURN REMARKS i - 0 Agenda Item No. >> May 6,1997 To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Tree Removal and Replacement at Via Genoa and Via Lido Soud Recommendation To approve the removal of one Eucalyptus camaldulensis (Red Gum) tree located on Lido Isle at the intersection of Via Genoa and Via Lido Soud. Additionally, that the Lido Isle Community Association, per their proposal, fund the removal using the City tree contractor and that the replacement palm trees be a minimum of 36" boxed trees. Discussion The Association presented a proposal for a landscape renovation project located at the intersection of Via Genoa and Via Lido Soud to the City Council on ,• October 28,1996. (Attachment A, Agenda) Additionally, there is a subterranean sewer pump station at this location. The project called for the retention of four eucalyptus trees and the renovation of the entire area, including new landscaping. The Association proposed to maintain all of the new landscaping, however the trimming of the eucalyptus trees would continue to be a City responsibility. During a recent renovation of the sewer pump station at this location, by the City's Utility Division of the Public Works Department, staff from the Park and Trees Division removed three eucalyptus 'trees. The trees were removed because the construction required major invasion of their roots which could result in tree failure. Ms. Helen Japenga, Director of the Lido Isle Community Association contacted staff inquiring if the remaining tree could be removed. She believed that the tree was in dan ger of falling due to the damage to its trunk that occurred as a result of the sewer renovation. Additionally, she said that the area was scheduled for relandscaping by the Association and that replacement trees would be incorporated into the final landscaping plans. The Urban Forester completed the attached Tree Inspection Report (Attachment B) and identified the tree as having only minimal trunk damage and that it was not a current liability to the City, and therefore should not be removed. The Park and Trees Maintenance Superintendent concurred with the report. 31 Subsequently, Ms. Japenga sent the attached letter (Attachment C) requesting that one eucalyptus tree be removed due to the proposed landscape project by the Association. The letter also states that the Association will fund all of the tree replacements and assume the ongoing tree trimming and maintenance requirements. The cost of the tree removal by the City tree trimming contractor is $468. The replacement palm trees should be a minimum of a 36" box to compensate for the loss of the mature eucalyptus trees. Staff also concurs that the offer by the Association will ultimately result in a more pleasing landscape area for the benefit of the Community. Ms. Japenga and the Lido Isle Community Association have received a copy of this report and a notice of the Park, Beaches and Recreation Commission meeting on May 6. Very respectfully, David E. Niederhaus Attachments: A. City Council Agenda Item No. 18 B. Tree Inspection Report is C. Letter from Ms. Helen Japenga, Lido Isle Community Association 40 0 October 28, 1996 CITY COUNCIL AGENDA ITEM NO. 18 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: LIDO ISLE IMPROVEMENTS AT VIA GENOA RECOMMENDATION: Approve the concept of constructing a raised landscaped area on Lido Isle at Via Lido Soud and Via Genoa, with construction cost to be shared between the City and the Lido Isle Community Association. DISCUSSION: In April, 1996, the Lido Isle Community Association (LICA) wrote a letter to City Council requesting that funding be set aside for the construction of a landscaped area at Via Lido Soud and Via Genoa. Subsequently, staff has met several times with representatives of LICA to discuss this request. In late September the attached concept plan was discussed. The total cost of the improvements is approximately $40,000, as shown in Exhibit "A ". Staff and LICA have tentatively discussed a shared cost for the improvements, with the City providing funding for hardscape improvements, including removal of existing Improvements, and LICA providing funding for landscape and irrigation improvements, which will be installed in phases. The ,City would prepare construction plans for the hardscape improvements and contract for their construction, with LICA handling design and installation of the landscape and irrigation. On November 14, 1994, a cooperative agreement was approved by City Council allowing LICA to assist the City in financing a sidewalk replacement program on Lido Isle, through a $53,200 loan and a 6 year prepayment of the beach and street and park lease ($46,800). Under the agreement, the City agreed to repay LICA in two $26,600 APPROVED BY CITY COUNCIL 11 DATE m&E& � ./ t SUBJECT: LIDO ISLE IMPROVEMENTS AT VIA GENOA October28,1996 Page 2 D payments, due on 10/1/95 and 10/1/96. The sidewalk replacement project was accepted as complete on August 12, 1996. LICA has proposed to defer the City's 1996 payment for one year to provide funding for the hardscape construction this fiscal year. The funds are budgeted in Account No. 7013- C5100267 and would need to be reappropriated in FY 1997 -98. The landscaping proposed by LICA includes turf with low mounds, small shrubs, and seasonal color plantings. The four large trees in the area are proposed to remain, with the City continuing the maintenance and trimming of the trees, and LICA maintaining all other landscaping and irrigation. Public Works Utilities staff is currently completing sewer system improvements in the area of Via Lido Soud and Via Genoa. Improvements include replacement of the inflow line to an existing sewer pump station, installation of a new Southern California Edison vault serving the pump station, and replacement of portions of an existing sewer force • main in the general area. Removal of existing improvements as necessary for' the proposed hardscape would be performed by City staff as a part of this work. It is anticipated that this work will be complete in December, 1996, with construction of hardscape to take place in early 1997. • qL Respectfully submitted, M DEPARTMENT Marla Matlove Senior Civil Engineer Attachments: Concept Plan Exhibit "A ", Preliminary Cost Estimate 0 • A% i i NEWPORT BERCH WORKS DEPARTMENT EXIST TREES TO r REMAIN (4 EACH)/ / I j r r / PUMP STATION I / ACCESS / / r / r LANDSCAPE / AREA r / r 0 a O Z /W V a t- a U) r CZ G W 0 1..1..E W J O lA LU a U) W O Z J W w CL 3 `7 U U v E 4 N H Q x 0 0 v 3 E °O O ° CO °o O ° ° O 0 0 0 0 0 °o 0 U Q rn ti Lo � n VI' r T O O O O O O O O O 911 O O O O O O _ Q O m M P- N Lo LOO N U r CD In CV CV r O N EA ER 69. 64 �. O O O O O O O O O O O O O O O O O O' O O O O O O O O •'� Q'Q O O O O O O O O O O O O O O O LO N LO LO LO O O O O O• N OO O 0 I� N m fl- to LO m LO O V r CD tO CV r r N N O r r CO M 09- 6-> U:� 64 Q�- 693� 69- 61). 69. 69 64 6c� 64 0 0 0 0 0 0 Lo O O O O O O O O LO O O N O O LO O O `Fr• V' O O I,- "t O 'LO O O O T O' O .Z O C) nt O O O LO tO LO O CV CV T r V.* b'? 64 Hj 6S. 64 CfY EFT C/} 64 K) Fi? U) .Z. _I U J U) U U). J _I U) J J P O r--- O O co LO O 00 r °O Qr M r `C7- O r O r r U .z E U p D a COj Q O c cu Z E U rn U 3 a> CO c Z CJ7 -O c N Z -O c Y c O n m tYa c m a CL ° x W c U Q CC (D Y a cu U N O (6 D_ O O O m N V) LU O ;_ m N O N 6 U (n 0 (0 m of 07 w 'Q r 'D c ca + 0 co Q I- L = +(�6 > U) co J I- .Z r N M V' LO CD I� N CA Or r fu" 3 `7 U U v E 4 N H Q x 0 0 v 3 E CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT Name: Lido Isle Community Association (701 Via Lido Soud) Address: Via Genoa & Via Lido Soud Phone Number: (714) 675 -6170 Request: Remove large Eucalyptus to accomodate landscape installation and damaged by equipment. Botanical Name: Eucalyptus camaldulensis M -1 Common Name: Red gum Designated Street Tree: None . Estimated Tree Value:36" DBH -2 trees . 60% species value $10.553.58 Damage: N/A Parkway: Concrete Brick Turf X Other Comments: A field inspection determined specimen had minimal trunk damage from nearby eouipment, however, damage not significant to cause tree failure or damage, otherwise, specimen is healthy, and not obstructing ongoing and pending construction at site. Inspected by: D ate_ V-3— p Recommendat n:1 Retain tree G Reviewed by 11111111 / Date: L4 l • 06 -95 TO: Mr. David E. Niederhaus General Services Department FROM: Helen Japenga, Director Lido Isle Community Association RE: Genoa /Via Lido Landscape Project Lido Isle DATE: April 12, 1997 This is to confirm our understanding of the tree work in progress at the site of the newly installed sewer system at Genoa and Via Lido, on Lido Isle. During our conversation a week or so ago, I noted that you informed me the City would replace, in kind, the large eucalyptus trees that had to be cut down in order to install the new sewer system. Apparently the roots of these old trees were decomposing and had completely ensnarled the old sewer system. One of the three, according to Ed Burt, was so rotten it was at risk of falling, presenting a serious danger to people and property. I understood you to say the replacement trees would be in 24" boxes, valued at approximately $250 each. . OK so far• although the loss of the three eucs means a budgetary hardship for us since they were to be the cornerstone of our landscape project. We are now left with one, lone eucalyptus that the City is so far reluctant to remove. The LICA board and virtually all the residents to whom I have spoken, agree that this tree is now terribly out of place and inappropriate. Therefore, WE REQUEST THE CITY TO REMOVE THE LONE EUCALYPTUS FOR THE FOLLOWING REASONS: 1. All the trees removed will be replaced with new trees. Plans have been drawn by a professional landscape architect and developed with the landscape*con.tractor. 2. The site will be more beautiful if it can carry out the theme of the new plantings without the existing tree which does not match the new plans, nor fit in. 3. The City would be relieved of the cost and nuisance of maintaining that single tree since LICA would assume responsibility for maintenance of the entire landscape project. 4. The tree has already reached two - thirds of its maturity. Is it not likely that the roots of this tree would eventually strangle some of the newly installed underground equipment just as did the . older trees? `I Page 1 of 2 Y� 9 page 2 of 2 5. There is risk of the eucalyptus tree limbs falling on and destroying the new plantings. 6. Current landscape plan is to replace the eucs with several varieties of palms indigenous to this area and in keeping with the theme of Lido Isle, as well as Newport Beach. In view of the above, the Lido Isle Community Association requests the City to remove the one eucalyptus tree, which will replaced. Thank you for all the cooperation you have shown to Lido Isle throughout the years. CC: Mr. Kevin Murphy City Manager Mr. Jeff Pence, President Lido Isle Community Association • Mr. M. Lomeli, General Services 0 0 Agenda Item No. 12 • CITY OF NEWPORT BEACH Office of the City Manager April 16, 1997 TO: Parks, Beaches & Recreation Commission FROM: Kevin J. Murphy, City Manager ?A SUBJECT: CITY COUNCIL 'POLICY G4 RETENTION OR REMOVAL OF CITY TREES BACKGROUND The City has had a City Council Policy regarding the retention or removal of City parkway trees since 1966 and it has been amended seven times since its adoption. The current policy is attached as Attachment 1 and has been the subject of recent discussions among a subcommittee of City Parks, Beaches and Recreation Commissioners, members of the community interested in revising its provisions to expand or limit the removal of City parkway trees, and City staff. In the course of these discussions it has become apparent that the current policy could be improved from a basic rewriting to make the provisions more clear and understandable and provide for an improved public notification process once a request for a removal has been received by City staff. Discussions with the subcommittee of PB &R Commissioners identified issues associated with the current Policy which could improve their involvement with the Policy. For example, Commissioners identified' that the current Policy provides broad latitude to the Commission and depending upon how vocal a resident or neighborhood might be could determine the outcome of a hearing on the removal or retention of a parkway tree. After reviewing the current Policy, it is apparent that the City Council through this policy or other City policies has never clearly articulated a position on the retention or removal of trees. To this end, the proposed draft of the policy attempts to clear up this ambiguity. This could improve the review process by the Commission and provide guidance to the community on the City's policy regarding City parkway trees. In addition, over the last two years there has been a steady series of requests from areas of the City which would like to remove their current parkway tree and replace it with a tree species which could reduce ongoing damage to the hardscape and reduce impacts to views from adjoining homes and private property. One reason this discussion has become more frequent is based on the City's fiscal situation, wherein we are unable to trim trees strictly for view preservation as often as was done in more affluent times. Another reason is 40 due to the City's adoption and adherence to a set of nationally adopted q� -2- standards on tree trimming that prohibit radical topping of trees to protect the future health of the tree, but which have an obvious impact on views. Since the City began discussions of a new Policy and the Commission approved the removal of several City parkway trees in areas where the issue was greatly disputed, there have been several groups and individuals which have expressed to City staff a concern over the development of a new policy which might permit greater removal of City parkway trees. City staff has committed to these groups that they will have an opportunity to participate in the process of revising the policy as it is considered by the various Commissions, Committees and finally the City Council. One thing is certain from the discussions with the different groups... the issue of trees and their removal or retention is a passionate one for various groups. It is unlikely that a policy can be adopted that will please all of the groups. DISCUSSION Attachment 2 is the proposed new Policy for the Retention or Removal of City Trees. Due to the extensive revisions, it has been completely rewritten and underlining or strikeout to show changes would not be helpful in the review because of the substantial number of changes. Prior to reading the policy a few of the issues should be highlighted: 1. The policy opens with a policy statement regarding trees and their importance. 2. Trees are divided into two categories: Special City Trees and All Other Trees. The former are to be retained unless there are exceptional problems which require their removal. The 'latter are to be retained unless removal is necessary for one of four reasons: repeated history of damaging public or private property; it is diseased, dead or dying; it has a repeated history of interfering with street or sidewalk drainage; or it is part of a reforestation program. 3. The initiation of the removal process may be made by a member of the public, the Public Works Department or the General Services Department by completing an application. Notification is provided to the affected owner and adjoining property owners. 4. The, review of the request is undertaken by the City's Urban Forester and utilizing the attached Tree Inspection Report. A subsequent review is . performed by the Parks and Tree Superintendent. The recommendation to retain or remove is made to the General Services Director or his qU • -3- 0 ME designee and the decision is provided to the applicant and the adjoining property owners. Any appeal of the decision is reviewed by the PB &R Commission, and if necessary, by the City Council. 5. In reviewing the appeal, the Commission and City Council shall base its decision solely on whether the criteria in the policy is met or not for removal. 6. Reforestation is the process of carefully replacing, the urban forest as it ages. The policy provides for reforestation bythe City upon its removal of street trees in conformance with the policy or by private property owners if the reforestation request is initiated by the public. Guidelines are provided for the reforestation process and it can only occur upon the affirmative action of the Commission, or if necessary, by appeal to the City Council. RECOMMENDATION The PB &R Commission receive public input including suggestions, additions and deletions; make appropriate changes; and recommend an amended and rewritten City Council Policy G -1 to the City Council. • ATTACHMENT 1 CURRENT G -1 POLICY RETENTION OR REMOVAL OF PARK AND PARKWAY TREES It shall be the responsibility of the Parks, Beaches and Recreation Commission to develop and maintain a rather restricted list of trees in the community (Attachment 1) which should be retained to the exclusion of all normal problems. Thi's list will, contain landmark trees, special trees of extreme beauty, stately trees which contribute to an entire neighborhood, dedicated trees, etc. These trees will be identified, mapped and recorded. Subsequent to this they will be given special treatment to retain them, as deemed appropriate by the General Services Director. If said special treatment is not determined to be adequate to retain the identified tree, a full report shall be made to the Commission before any other action is taken. Whenever it is necessary to prune tree roots in parkways or other public areas in order to correct or prevent damage being caused by the subject tree, every reasonable effort shall be made to save the tree. It will still be necessary to meet the City's standards relative to grades and alignments, with the exception of those special trees discussed • in Paragraph 1 of this policy statement. Trees will not be removed solely due to view obstructions. If it is necessary for a tree other than that included in Paragraph 1 to be given special treatment, each tree shall be considered individually on its own merits to determine whether the tree should be retained or replaced. All parkway trees included in this category must be subjected to and meet the following criteria: 1. Have a tree inspection report prepared by the City Urban Forester (Attachment 2). 2. Have sufficient life expectancy to merit special consideration. 3. Have contiguous property owners be desirous of retaining the tree if special treatment of other than the sidewalk repair is necessary to retain it. 4. Be of a desirable species on the official street tree list by the Parks, Beaches and Recreation Commission. 5. Not have had a consistent history of damaging public or privately owned property such as sewers, water mains, roadways, sidewalks, curbs, walls, fences, foundations, etc., as indicated per City records, or by competent authority such as a structural engineer, general contractor, or qualified . City official. 5� 6. Not interfere with acceptable drainage if alternate methods of curb repair are utilized. Application of the criteria on parkway trees will be conducted by the General Services Department in coordination with the Parks, Beaches and Recreation Commission. In applying the criteria, other departments of the City will be consulted as necessary. If there is any conflict between the application of the criteria and established standards of the City which cannot be resolved at staff and Commission level, final resolution will be determined by the City Council. Objectives of the Parks, Beaches and Recreation Commission will be: 1. To inform the public and further the philosophy of the value of trees in a community. 2. To pursue procedures whereby larger replacement trees can be used when trees are removed. 3. To assure that no community has a mass removal effect as projects occur. 4. Annually review landmark tree locations for inclusion in Council Policy G- o 1. 5. Whenever possible, ensure that community associations are notified of pending tree removals. When a tree is removed from the parkway for the sole benefit of the adjacent property owner, the property owner will be responsible for the cost of removal. Removal must still be done in accordance with City procedures. Note: (See Attachment 1 - Preservation of Special Trees) (See Attachment 2 - Tree Inspection Report) Adopted - May 9, 1966 Amended - March 14, 1994 Amended - August 14, 1967 Amended - April 11, 1994 Amended - November 9, 1976 Amended - February 26, 1996 Amended - November 120 1985 Amended - November 28, 1988 Formerly 1 -9 56 Z n U n U 0 CITY OF NEWPORT BEACH PRESERVATION OF 'SPECIAL TREES Location LANDMARK Balboa Library TREES Balboa Library West Jetty (near Historical Marker) Dover Drive at Westcliff 400 block Poinsettia Ocean Blvd. Corona del Mar Westcliff & Dover (Groves) In Arches Overpass DEDICATED No. Mariners Park TREES (Marcie Schrouder) Mariners Park (Frank Tallman) No. City Hall grounds (Billy Covert) City Hall grounds (Walter Knott) City Hall grounds (Calif. Bicentennial) Las Arenas Park (Ed Healy) Mariners Park (Isy Pease) City Hall grounds (U.S. Bicentennial Freedom Tree) NEIGHBORHOOD TREES Parkway in Shorecliffs Marguerite Avenue Goldenrod Avenue Dover Dr. (Mariners to Irvine) 15th Street (Newport Heights) Irvine Avenue traffic island Holiday between Irvine & Tustin Surrounding Old Reservoir Along Avon Avenue Via Lido bridge Marine Avenue (Balboa Island) Seaview Avenue (Corona del Mar) Poppy Avenue (Corona del Mar) Heliotrope Avenue (Corona del Mar) Eucalyptus globulus Phoenix canariensis Phoenix canariensis Liquidambar styraciflua Eucalyptus corynocalyx Phone ►x canariensis Eucalyptus globulus Eucalyptus lehmannii Pinus radiata Pinus radiata Ficus benjamina Pinus halepensis Pinus halepensis Melaleuca linarifolia Pinus halepensis Harpephyllum caffrum Erythrina caffra Phoenix canariensis Washington robusta Eucalyptus globulus Eucalyptus cladocalyx Eucalyptus globulus Eucalyptus globulus Eucalyptus varieties Eucalyptus globulus Eucalyptus globulus Eucalyptus rudis Pinus radiata Eucalyptus rudis Pinus radiata 0 • 5� Candlestick Lane, Commodore Starlight Glenwood Candlestick Sandalwood Adopted - May 9, 1966 Amended - November 9, 1976 Amended - November 28, 1988 Amended - October /1993 Formerly 1 -9 etc. (Baycrest) Eucalyptus citriodora Eucalyptus citriodora Eucalyptus citriodora Eucalyptus citriodora Eucalyptus citriodora Eucalyptus citriodora • CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT Address Phone'Number Request Botanical Name Common Name Designated Street Tree Estimated Tree Value Damage u Parkway: Concrete Brick Turf other Comments Inspected by Recommendati ,Reviewed by 6� Date Date 06 -95 G -1 . ATTACHMENT 2 PROPOSED G -1 POLICY RETENTION OR REMOVAL OF CITY TREES City trees are an important part of the City's urban landscape environment and enhance the City's natural coastal beauty. The regular care and maintenance of the City's trees insures the protection of a significant element of the urban forest. SPECIAL CITY TREES It is the City's policy to retain City trees categorized as landmark trees and dedicated trees which contribute to and give character to an entire neighborhood. Landmark trees and dedicated trees are identified on Attachment 1, and shall hereinafter be referred to as Special Trees. Trees within these .categories shall be established, mapped, recorded and maintained by the Parks, Beaches & Recreation Commission ( "Commission "). Special Trees shall be retained, unless there are exceptional problems which • require their removal. Prior to consideration for removal of Special Trees, the General Services Director, or designee, shall prepare a report identifying and implementing specific treatment to retain the tree(s). If specific treatment is unsuccessful in retaining a tree(s) then a full report shall be made to the Commission before any further action considering removal' is ,taken. Prior to any removal of Special Trees, the City must comply with the noticing provisions of the Removal Process section set forth in this.policy. During normal sidewalk, curb, and street repair activity requiring root pruning, all, steps will be taken to retain Special Trees. ALL OTHER CITY TREES It is the City's policy to retain all other City trees unless removal is necessary for one of the following reasons: 1. The City tree has had a history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, or foundations based on City records or other competent and reliable authority despite specific treatment by the City to alleviate repeated damage. 2. The City tree has had a repeated history. of interfering with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage. Sb 0 3. The City tree is dead, diseased or dying. 4. The tree(s) comply with the criteria for reforestation as contained in the reforestation of City trees provision of this policy. REMOVAL OF CITY TREES The initiation to remove any City tree may be made by the General Services Department,, Public Works Department, or a private property owner by making application with the General Services Director. After receipt of the application a tree inspection report shall be prepared by the City's Urban Forester (Attachment 2) to determine if the tree(s) meets the criteria outlined above for consideration for removal. Simultaneously, a notice shall be provided to the affected property owner and the owners immediately adjacent to the app'licant's property, if applicable. The Urban Forester shall determine whether in his/her judgment additional specific treatment can be initiated to retain the tree. Once a recommendation is made by the Urban Forester and Park and Tree Superintendent to the General Services Director, and the General Services Director or designee concurs, then the applicant and the adjoining owners shall be notified of the decision to remove or retain the tree. An applicant or an adjoining property owner may appeal the decision of the General Services Director to the Commission, and if the appeal cannot be . resolved at the Commission level, then the final resolution will be determined at the City Council level. The Commission and Council, in considering any appeals, shall determine whether the removal meets the criteria outlined in this policy. REFORESTATION OF CITY TREES It is recognized and acknowledged that City trees were planted many years ago and in some cases were planted with specific species that when fully mature create significant problems in curb, gutter, sidewalk or underground utilities. In addition, in some neighborhoods where views are a significant factor in home values, City trees were planted in the past which today create view obstructions. Today, arborists have developed lists of tree species which are able to grow in restricted parkway areas without causing significant future problems to curb, gutter, sidewalk, utilities or views. The concept of systematically replacing mature trees which are creating hardscape, view problems and cannot be property trimmed, pruned or modified to alleviate the problems they create, or those which are reaching their full life and are declining in health,, is referred to as reforestation. As a City which understands the importance of trees and the beauty it brings to a community, the City desires to continually improve the urban forest through reforestation. In areas where City trees have been removed through City . initiation, the City should expeditiously replace them with the appropriate � -I 0 t� S�� designated City tree. Reforestation may also be initiated by residents utilizing the process outlined below. A community association, residential community, neighborhood or business organization or any portion thereof, desiring to reforest City trees in their respective area, may submit a request to the General Services Director for consideration by the Commission that meets the following requirements: a. The proposed area must have clearly defined boundaries to include street addresses, block numbers, or other geographical information.. b. Residential communities, neighborhoods or business organizations must submit a petition signed by a minimum of 60% of the property owners within the area defined for reforestation. A neighborhood is defined for the purposes of this policy as ten or more homes in any given area of the City. C. Areas represented by a community association must submit a resolution of the Board of Directors formally requesting reforestation with a statement that all members of the community association have been notified and that a general meeting of the members was conducted before the Board voted on the request. d. A written agreement by the petitioning sponsor to pay 100% of the costs of the removal and replacement of the public trees in advance of any removal activity. (The actual removal and replanting will be coordinated by the General Services Department.) e. The replacement tree must be the designated street tree as prescribed by City Council Policy G -6 or the organization must request and have approval from the Commission of the designation of a different tree species. In the event that the Parks, Beaches approve the reforestation request, the proposal to the City Council. and Recreation Commission does not applicant has the option to appeal the • PRESERVATION OF SPECIAL TREES LANDMARK Balboa Library Eucalyptus globulus TREES Balboa Library Phoenix canariensis West Jetty (near Historical'Marker) Phoenix canariensis Dover Drive at Westcliff Liquidambar styraciflua 400 Block Poinsettia Eucalyptus corynocalyx Ocean Blvd. (Corona del Mar) Phoenix canariensis Westcliff & Dover (Groves) Eucalyptus globulus Main Street (between East Bay Ficus nitida Ave. and Balboa Blvd) Harpephyllum caff rum Parkway in Shorecliffs Erythrina caffra Marguerite Avenue Phoenix canariensis Goldenrod Avenue Washington robusta Dover Drive (Mariners to Irvine) Eucalyptus globulus 15th Street (Newport Heights) Eucalyptus cladocalyx Irvine Avenue Median Eucalyptus globulus Holiday between Irvine & Tustin Eucalyptus globulus Along Avon Avenue Eucalyptus globulus Via Lido Bridge Eucalyptus globulus Marine Avenue (Balboa Island) Eucalyptus rudis Seaview Avenue (Corona del Marp Pinus radiata • Poppy Avenue (Corona del Mar) Eucalyptus rudis Heliotrope Avenue (Corona del Mar) Pinus radiata DEDICATED No. Mariners Park (Marcie Schrouder) Pinus radiata TREES Mariners Park (Frank Tallman) Pinus radiata No. City Hall Grounds (Billy'Covert) Ficus benjamina City Hall Grounds (Walter Knott) Pinus halepensis City Hall Grounds (California Bicentennial) Pinus halepensis Las Arenas Park (Ed Healy) Melaleuca quinquenervia Mariners Park (Isy Pease) Pinus halepensis City Hall Grounds (U.S. Bicentennial Freedom Tree) Harpephyllum caff rum Buffalo Hills Park (Bahia Community Earth Day Celebration) Erythrina caffra Peninsula Park (Gray Lunde Memorial Tree) Chamaerops humilis • I 0 CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT Addre Phone Botanical Name Common Name Designated Street Tree Estimated Tree Value Damage U Parkway_ Concrete Brick Turf Other Comments Inspected by Recommendation Reviewed by, • n� Da 06 -95 G -1 • DATE: April 29, 1997 TO: Parks, Beaches and Recreation Commission FROM: Park and Open Space Committee SUBJECT: Proposed Names for the Hoag Linear Park Site The following names have been proposed: *Villa Balboa Park View Point Park Sunset Point Park Sunset View Park *Sunset Ridge Park *Overlook Park Ocean View Park • *Buena Vista Park *Bluff View Park Catalina Vista Park *The Larry Parrish, Firefighter's Park *Jack D. Brooks Park *Tracy Ranae Hays Memorial Park Westbluff View Park Balboa Vista Park Vista Balboa Park LJ �,1 *Proposed to be eliminated. Agenda Item No. 13 01/24/1997. 13:55 7145480446 RK METHOT PAGE 01 r� Community Services Dept. P.O. Box 1768 Newport Beach, California 92656 Robert K. Methot 205 Columbia Street Newport Beach, California 92663 January 24, 1997 Re: New park to be constructed east of Superior and north of PCH. Suggested name: "SUNSET RIDGE" During the late 1940's and early 1950's, while I was on the orange County Sheriff's Office and up until the time Hoag Hospital was built, the above name was used by our department. The area also included the vacant (at that time) area west of Superior Avenue. During one of our assocation meetings ( Newport Crest), I mentioned the above name. Since that time we in Newport Crest have refered to that area as "Sunset Ridge ". hank you for the opportunity to suggest a park name. FAX 714 548 -0446 Phone 548 -0446 �v Sincerely, Robert K. Methot r 0 Saturday, January 25, 1997 04:17:48 AM TO: City of Newport Beach Community Services Dept. FAX: 714 -644 -3155 FROM: ROBERT A. PINGLE 22571 AUBURN DALE LAKE FOREST, CA 92630 714- 830 -8502, 644 -3362 Page 1 of 1 To Whom It May Concern: I would like to suggest a name for one of the upcoming parks as seen Jan. 23, 1997 Register. I am currently employed by the City of Newport Beach as a Firefigher/Paramedic since, 1974. The name I would like to suggest is "The Larry Parrish, Firefighter's Park." As you may or may not be aware, Larry was also a firefighter employed by the City for over 20 years. He passed away a couple of years ago from cancer attributed to his continued exposure to carcinogens as a result of performing his job. Please consider this name or any derivation thereof as a reminder of Lary and what firefighter's silently give in the line of duty. Como ! VM. Robert A. Pingle 0 A\ 40 �3 0. . S L' i'7 !% / 55 � G•n.r rD �'ti NA M � N cs- p � E (T•-J C f2 . ifOgG Lt �J aAit- t' fNLK O2 rHE lyRC fFV2THJf` G L Jam, Faco CF a_T• -7 Now K N) It Wt AIJ N U L �42K C!V F02 tifrt_ N.4r,c AMdJI.IC, Qi LAG S77. Ppfl S R�-'= � . � 200 .S t'�A -2 ✓� JAL 00 P-- WA5 pf g< Sc:� a-rra�Dn,+, 0-4- SEQ'� L� l3 8 2 kl� $Tris7 OJT f4S f}- GO l 1 t G i C.9 2 T«{E -tis G� CT d�V W �Alt KS 13�R�f-lf5 2Z-G2EATlo+V 17 I rk (z +t' -s c.fR 7 vQ TO ^i�kE 5ce �NTEwOty {� of pfNL.GS W �Areze -rt-i cs c.. ✓"1 Fo2rrv�lL M A-A3 O a -rH 4- P KS f ri T•H E c tT-I w EfL E- SO`E-L D�55�,aeD Co.is�2�creD 3� SRc� R�� c(ZEL• -+9 -T-t405 Yv1,°s -J •� d r- - PA2Ktn)A �! 5 /�QE 'CrteREEGRVSE E.kST�rJCr LE'c�AG`7 T't-tn -T i-!E LE r' �01� �5 Ail -ro WE eJL1� Wa2Y Eq t t-S t t 5/}cK �.�E A r1 +-(e -5 Pep,--ti-J' !HIS rjt -ic:2' r[i3 ie,-iCrt^Lt ep,.v Lf vc OnJ 3'7 . 'f'•-+c N4ri i � ('v- 0�= F+ PA-2K i-�. rZ �.,) f-e ie� i-ic 9cD�GA-rE'O H s e-� P1=. 1 }��2✓. S ;�}, =r= Gt r �j o = NP62r gEneF� CA-, A �'� ^ '•-`/ ru`76_.L..,GIiA.l('.0 /�(/ G�L%f Z.,.,i7G�i✓ �`-�. r -c/%•+ t �..t.�' j �/•+- �-L .Tl�. �.. i,.,c�.; - �•-CcL.T�eG EG.Lc7'� .:roc. -�� C !�. .. �'/ LC.�. -tom lc>iG1•GC��� r ` —�` `�..eC� � ��'y�^4 i<. `�, .'r�tL.G •�e%4.GGG•�y.. -. , tr G✓�L� - C�� '!�C.:."/ci'rc.'i- /.�/'72c1 -C. .G�tit� � �i�- Lc./�!� �Le•- a`�':L'r. i%'�:i f r ✓ fJ C -G2� LUf�/2"y,_,�� ; G��GC*- i.- G�Gr.�- �, :..� �.�� <G. �� ✓�.•. � � v ,�- k'....L�Y Ci - �iL�L,'�"i ' o �'� Lc .-cam GrL.x�L�iG�`�• .-L `i �� � J -LaG ✓tip/ -L� .ti . C...F/c..C' -i' yi�.'zf.•C:,�.rd- � �ci ., �/-- r �� rlt�:z4'�. C�- r`4l„( _ {:�_: � tc11.r /GCS -rte .G.� Sz'c -s:. �''` Gr, • , �t �./. .c..�L� -�. ;�✓L �"' --I�GL ��, - `'`fie. ''!a;?`�'- .��J,,.G�-�'�- C� ti2c..� ��'rs- c_�c —�:. 1U�C�•C.. j ,ri -2%� � c•�..�.%'.l..L -/w �Y'iv °`Q' J �"L/-�/ ,GZJ✓ .� -`'� ! �,, ai" �L!G %.ilC;�jf�Cc..;.CrdL<•'_rG: �tJ'D•LcJ cLr 'C� % ! ,>..� Z�L.ti ��=� -�� ..GJ.� -� 1 i.�� �,� ' - ti � � ��� :i-? /�.G ' ��, � � � � �:,� ii Gig %' -G/'•� G r.�.r �i11�,� .'�..^�• ' ^� �✓ YiJ� . /.i i� ! .� .. %•�'.' may:, S /'..�%^ '/'.i .�L, �.``.�G� -: �iC� -c "cam /_ /:��.� /�:. �• /.r _�_<"s,•—• / / -:� %_ . 4 -28 -1997 1:21PM FROM GENERAL SERVICES 714 650 0747 V 6 i E i �s• y P. 1 1� f r L�� Cameo TESS LIER Shores/Highlands 4709 Dorohester Road 7600069 Corona del Mar 92625 L RICHARD Harbor View Hills 2719 Setting Sun 759-0675 Corona del Mar 92625 AROWITZ Comm, JOE KANEDA Harbor View Hills S 4 Civic Plaza 729-8002 Newport Beach 92660 GEORGE HOOPS Harbor View Hills S 1201 Outrigger Drive •• Corona del Mar 92625 6444425 JIM WHARTON Harbor View Hills 1033 Goldenrod Avenue 644.0046 Corona del Mar 92625 BILL TALBOT Harbor View Hills 3601 Sausalito Drive 644.8736 Corona del Mar 92625 BRIAN CORRIGAN Harbor View Hills S 3607 Surfview 251.4110 Corona del Mar 92625 BILL GINTER Harbor View Hills 2807 Ebb Tide Road 640-6946 Corona del Mar 92625 MARTHA JONES Harbor View Hills 1220 Seacrest Drive 644 -1332 Corona del Mar 92625 GEORGE SPOONER Harbor View Hills S 1327 Seacrest Drive 780 -9687 Corona del Mar 92625 PHIL ARST Broadmoor Hills 2601 Lighthouse Corona del Mar 92625 LLOYD KRAUSE Harbor View Hills S 4015 Topside lane Corona del Mar 92625 GUY CAZORT Harbor View Hills S 3501 Seabreeze Lane J Corona del Mar 92625 YVONNE HOUSSELS 1307 Outrigger Corona del Mar 92625 GEORGE PARKER 3407 Seabreeze Ln CdM 92625.1644 DR. JAN VANDERSLOOT 2221 16th Street �z%8 NdMErt Beach 92653 P. 1 1� f r L�� r1 U April 30, 1997 2726 Vista Del Oro Newport Beach, Calif. 92660 Parks, Beaches & Recreation Commission Newport Beach City hall 3300 Newport Blvd. Newport Beach, Calif. 92663 Re: Proposed G -1 Policy relative to City trees Dear Members of the Commission: �1AY 5 7997 C% NA S�KVICf-: Although the "Background" introduction to the revised tree policy notes that an attempt has been made to reduce "vocal" citizens' groups determining "the outcome of a hearing on the removal or retention of trees," the policy does not include communication with citizen groups as part of the determination process. • Since City trees are owned by city citizens, citizens should be part of the decision - making process. Accordingly, SPON, as such a group, would like to be included in that process. This could be accomplished by their being notified of proposed removals one to two months ahead of the time action would be taken. Such notification would give them time to be informed of the rationale for removal and the rationale for the choice of tree replacement and give them time to cogently address the P.B.R. commission. We feel the revised tree policy does not adequately provide for citizen participation and that it should include the above proviso. Sincerely, • Betty Irere(sentative. b ch SPON JAN D. VANDERSLOOT, M.D. 2221 East 16th Street Newport Beach, CA 92663 . (714) 548 -6326 FAX (714) 848 -6643 Chairman Bill Schonlau, and May 4, 1997 PBR Commission members City of Newport Beach PO Box 1768 3300 Newport Blvd. Newport Beach, CA 92659 -1768 Re: Proposed G -1 Policy PBR Commission meeting 5 -6 -97 Dear Chairman Schonlau and Commissioners, As an individual and representative of the Tree Committee of SPON, I would like to make the following suggestions for the proposed G -1 Policy change which you will be considering on May 6, 1997. Members of the Tree Committee have met and have read the Proposed G -1 Policy. Our concerns have to do with proper notice given to the community when individual tree removal and reforestation proposals are made, that an adequate appeals structure is maintained, that Tree City USA guidelines are followed, that tree pruning is done far enough in advance of hardscape improvements, and that current Special Neighborhood • Trees remain on the list of protected trees. A basic principle is that the City's trees belong to the City at large, thus all citizens should have the potential for input when a tree or trees are slated for removal. Our suggestions, with suggested wording, are: 1. Under second page of Proposed G -1 Policy, under Removal of City Trees add : "notice shall be provided to the Community Association, if applicable, and interested citizens and citizens groups, who have submitted a request to be notified to the General Services Director" 2. Second page, same paragraph, Add: "Once a recommendation is made ... then the applicant, adjoining owners, Community Association, citizens and citizen groups, shall be notified of the decision to remove or retain the tree, within 30 days of the proposed removal' (to allow for an appeal) 3. Second page, same paragraph, add: "If a tree or trees are decided to be removed, the tree or trees will be marked at least' 30 days prior to the removal, in order to notify the public at large." 4. Under same paragraph, add to sentence at end of paragraph: "The Commission and Council, in considering any appeals, shall determine whether the removal meets the criteria outlined in this policy, as well as unique factors which may be pertinent to the removal or 40 retention of the tree or trees" JAN D. VANDERSLOOT, M.D. 2221 East 16th Street Newport Beach, CA 92663 • (714) 548 -6326 FAX (714) 848 -6643 5. Under Reforestation of City Trees, page three of Policy, after last paragraph, add paragraph: Notice of the reforestation request shall be provided to interested citizens or citizens group, if a letter requesting such notice is sent to the General Services Director." 6. Under first paragraph, first page, titled Retention or Removal of City Trees, add: "Insofar as the City is a designated member of Tree City USA, the guidelines of Tree City USA shall be followed to the maximum extent possible." 7. Under same paragraph, add: "If tree roots are to be .pruned in association with hardscape improvements, sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both sides of a tree's roots are to be pruned, one side should be pruned a year in advance of the other side." 8. Under Preservation of Special Trees, the trees currently listed in the Current G -1 Policy, should be included in the Proposed 6-1 Policy. In particular, the Neighborhood Trees Eucalyptus citriodora on Candlestick Lane, Commodore, Starlight, Glenwood, Candlestick and Sandalwood should be carried forward to the new policy's Landmark Trees designation. In addition, the Eucalyptus lehmanii , currently Landmark Trees, In Arches Overpass, should be retained and replaced when the Arches highway improvements • occur. Thank you for your consideration. Sincerely((, Jan D. Vandersloot, M.D. 40 r • To: Parks, Beach and Recreation Commission From: Rosemary T. Jones 445 M Street, Balboa, CA. 92661 Resident since 1958 Subject: City Trees Because I am unable to attend'the May 61 1997 meeting, I am writing to express my feelings on the subject of City Trees. It is a real feather in the city's cap to be desighdted as a "Pee City USA" and, because of that, it is essential to keep the city full, of trees and to retain a diversity of Well maintained trees. " Special Tree" is an excellent way to honor local citizehs and I am pleased to see that "all steps will be taken to retain" these trees, It would be eveh better if the same policy were to hold for ALL city trees, and I would hope that the city would consider making it a policy to keep every tree whether it is "Special" or hot. All trees are worth the effort,. A "Tree City USA" must work even harder to keep this designation and.to incorporate all • `"Tree City USA" policies into its own tree program. In the proposed G -1 policy, #c, under REFORESTATION 01: CITY TREES, it states that all members of a community association must be notified before reforestation may occur. I would propose that before REMOVAL of a,clty tree, all members of interested, groups, community associations and SPON be notified at least .a month prior to removal, and to tag the tree Itself for the same,perlod of'tim% thus giving fair Warning to the general public.This would be in addition to the property owner and adjacent residents. In the City Council G -1 - RETENTION OR REMOVAL OF CITY TREES, paragraph 3 states that because-of the City's fiscal situatloh, theolty Is unable to trim trees strictly for view preservation. If that is the. case,, Why are five Carrot Wood trees on, 13aySldeL briVe being removed in order to be replaced by Queeh' Palms? If money Is a probi6m,, this removal and replacement doesn't make good sehse, Has the Money for this work been donated by citizens of the community or is this an arbitrary street tree designatioh at the expense of the tax paying residents? In the past, there was a Tree Committee made Up of interested people. Why is this hot the case now ?. There are a good many local citizens Who care a great deal about the city and its trees. Would it hot be a good idea to re -form such a committee? I would appreciate an answer to this and my other questions and concerns. Very sincerely, T ' CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY May 6, 1997 TO: Robert Burnham, City Attorney FROM: Daniel K. Ohl, Deputy City Attorney RE: Council Policy G1 As I understand from your memo, and the documents submitted by Ms. Allen, the issue is whether the failure of the City of Newport Beach to trim City parkway trees in, conformance with private covenant, conditions and restrictions, thereby impairing the CC &Rs' created view right, constitutes a regulatory taking of property without just • compensation. As a general rule, landowners have no natural right to an unobstructed view and the law is reluctant to imply such a right. Posey vs. Leavitt (1991) 229 Cal.App.3d 1236, 280 Cal.Rptr. 568; Pacific Homeowners Association v, Wesley Palms Retirement Community (1986) 178 Cal.App.3d 1147, 1152, 224 Cal.Rptr. 380. Such view rights may be created by private parties through easements, adoption of CC &Rs, as in the case among these homeowners, or by the legislature. The City has not adopted a view ordinance, but the CC &Rs arguably create a view right between private parties, the homeowners in the association who are bound by them. However, the City is not a party to those CC &Rs and are not bound by them. Further, there is no case law which imposes an obligation upon a public entity who is not a party to or bound by private CC &Rs to adhere to their terms and conditions. Thus, to the extent that there are any view rights, they are only enforceable as to the private parties who are members of the association. The case attached by Ms. Allen fits into this category. In Southern California Edison Company vs. Bourgerie (1973) 9 Cal.3d 169, 107 Cal.Rptr. 76, both pieces of property were subject to the same building restriction. Thus, when Edison acquired the property it assumed the restriction. As a result, the Court determined that a building restriction is a property right and compensation must be paid when damage results from a violation. In our situation, we did not acquire property subject to any restriction nor have • we imposed one on the homeowners. 'pA • In the other case, 1?ierooint Inn Inc -V-11 State of California (1969) 70 Cal.2d 282, 74 Cal. Rptr. 521, the hotel's property was divided by a road. ,A portion of the property had been donated to the State by a deed containing a condition that the land be used as a State Park. Subsequent, a freeway was constructed over a portion of the donated property. As a result, the hotel claimed it was proper for the jury to consider the loss of view and unrestricted access to the beach in determining severance damages, i.e., when the property taken constitutes only part of a larger parcel. This is not the situation at hand. • As indicated, the CC &Rs, drafted on September 15, 1971, by their terms are limited to members of the association, NS the City is not a member. Further, the restrictions affect lots, as set forth by the definitions, and specifically indicates that it does not mean or include any common area nor "public streets and alleys." Since the City is not a member of the association, and is not an owner of a lot, the City, by definition, is not bound by the CC &Rs. Further, there is no indication that City Council reviewed and /or adopted any provision which would cause it to be bound by such restrictions. There are no documents which affirmatively establish that the CC &Rs are recorded against property own by the City. In addition, under the architectural control section, the restrictions for both architectural and landscaping approval refer to lots, which as indicated above, does not include public streets. Thus, any landscaping issues would not apply to City property within the association by their owner definitions. The other difficult problem is the concept of individual associations granting "rights" to its members which then allegedly bind the City as well when the City is not a party to the agreements. These grants would then obligate the City to differing rights throughout the City on its own property, without these restrictions being recorded in the chain of title. In theory, associations could conceivably grant themselves innumerable "rights" under the guise of attempting to force the City to comply with its wishes. The absence of City participation in the participation of CC &R and the lack of City Council approval to be bound should be controlling in deciding the City is not obligated to adhere to such "rights." The associations could essentially override the City Council and its determinations, which is clearly impermissible. As an aside, the referring letter indicates that this is not an issue of aesthetics. However, under the landscaping approval of the restrictions, the architectural committee, in reviewing landscaping plans, " is to consider the preservation of the natural view and aesthetic beauty which each lot is intended to enjoy." Obviously, aesthetics is indeed an issue for the association and thus comes into play. Cities have significant discretion when taking, its legitimate interest of aesthetics into account in making decisions. Guinnane ya San Fr ^nr' o ity Ian ing Comoanv (1989) 209 Cal.Rptr.3d 732 -257, Cal.Rptr. 742_ NOW I� E i� n L Tract Map Nos. 2202, 3542 and 3360 were all adopted and recorded prior to the recordation of the CC &Rs. There is nothing in any of the Tract Maps which create view rights for property owners. As I understand our tree trimming policy, we -are currently on a three (3) year trim cycle, due to reduction in manpower and available funds. It is not done per any policy, but only as a matter of economics. ithout question, we trim in accordance with sound and acceptable standards, and thus would not be liable for negligence. In addition, we do not go after any homeowner for trimming City trees, unless, the homeowner completely removes the tree without permission or trims it in a substantial fashion, (i.e. cuts it to a stump). Our tree trimming policy is separate and independent from any effort by the association to enforce its own CC &Rs, since they are clearly separate and distinct. Further, any association member, whether we have a tree trimming policy or not, must comply with the City's zoning regulations in addition to any, applicable •CC &Rs. In addition, although not raised, an individual.in the association could arguably press a nuisance claim under the Civil Code. However, case law has clearly indicated that buildings or structures cannot be complained of as a nuisance merely because they obstruct views. Venuto vs. Owens - Corning Fiberglass Corporation (1979) 22 Cal.App.3d 116, 126 -127 99 Cal.Rptr. 350. Further, our actions in trimming or failing to trim our trees would not be a nuisance since we are specifically authorized by law to do so. Actions specifically authorized by law are not a nuisance. See Civil Code Section 3482; Friends of H Street v. City of Sacramento (1993) 20 Cal.AppAth 152, 160 -161, 24 Cal.Rptr.2d 607. Under inverse condemnation principles, the City can be liable if the City damages private property either by physically invading property in any tangible manner or by causing physical damage without physically invading it. San Diego Gas & Electric Company vs. Superior Court (1996) 13 Cal.4th 893 - 940,55 Cal.Rptr.2d 724. Neither scenario is applicable here. In addition, 'liability under these principles may also result where the City's conduct results in an intangible intrusion onto the property but does not physically damage it if the intrusion resulted in a burden on the property that is direct, substantial and peculiar to the property itself. San Diego, supra, 13 Cal.4th at 940. Clearly there has been no intrusion only private property in this instance. (smoke, fumes, odors, noise, loss of air and light, TV and radio waives, electric and magnetic fields). It thus appears that no action for inverse condemnation would not be successful. While association members may seek to press a claim for damages against the City, a negligence or nuisance theory would be virtually impossible to win given the requirements of proof and the defenses available. Further, under inverse condemnation principals, members could not meet the evidentiary requirements as set forth in the San Dieao case. 3 uf'P Fineiiy, since there is no implied right to an unobstructed view, and because the �hgis not enacted an ordinance granting that right to the association or its members, ,{tie only enforceable view rights would be among and between the association members themselves as private parties, separate and distinct from the City. Liability would be extremely difficult to establish. DKO:kh f: \callcris\memo \dan\pol -g t .doc 0 0 ANIEL K. OHL Deputy City-Attorney IB 4 -28 -1997 1:21PM FROM GENERAL SERVICES 714 650 0747 .4JD7) E Li Y 6 L e • /�tke� �s Vcr,l� �t �t??•n. P. 1 r •p Cameo TESS LIER Shores/Highlands 4709 Dorchester Road 760 -0669 Corona del Mar 92625 RICHARD Harbor View Hills 2719 Setting Sun 759.0875 Corona del Mar 92625 AROWITZ Comm. JOE KANEDA Harbor View Hills S 4 Civic Plaza 729-M Newport Beach 92660 GEORGE HOOPS Harbor View Hills S 1201 Outrigger Drive 6444425 Corona del Mar 92625 JIM WHARTON Harbor View Hills 1033 Goldenrod Avenue 644-0045 Corona del Mar 92625 BILL TALBOT Harbor View Hills 3601 Sausalito Drive 6448738 Corona del Mar 92625 BRIAN CORRIGAN Harbor View Hills S 36078uriv'iew 251.4110 Corona del Mar 92625 BILL GINTER Harbor View Hills 2807 Ebb Tide Road 640146 Corona del Mar 92625 MARTHA JONES Harbor View Hills 1220 Seacrest•Drive 644 -1332 Corona del Mar 92625 GEORGE SPOONER Harbor View Hills S 1327Seacrest Drive 760.9687 Corona del Mar 92625 PHIL ARST Broadmoor Hills 2601 Lighthouse Corona del,Mar 92625 pp jp77"� LLOYD KRAUSE Harbor View Hills S 4015 Topside Lane Corona del Mar 92625 GUY CAZORT Harbor View Hills S Mar Corona del 9 625 YVONNE HOUSSELS 1307 Outrigger Corona del Mar 92625 GEORGE PARKER 3407 Seabreeze Ln CdM 92625 -1644 DR. JAN VANDERSLOOT 2721 16th Street�g Ne rt Beach 92663 Vcr,l� �t �t??•n. P. 1 r •p Page 1 of 2 LLOYD 0. KRAUSE 4015 Topside Lane Corona del Mar, CA 92625 -1631 714- 644 -0538 • May 6, 1997 CITY OF NEWPORT BEACH Parks, Beaches, and Recreation Dept 3300 Newport Blvd Newport Beach , CA 92658 -8915 Re: Sandune Lane Pkwy Trees Australian Brisbane Box (Tristania Conferta) Inlet Isle Pkwy Trees Brazilian Pepper Ref:Attachment 2, of Proposed City Policy 0-1 Park,Beaches and Recreation Commission Meeting Tuesday, May 6, '97 -Agenda Item VII -12 Prior ref: My letter to John F. Conway, Jr., May 30 1996 (with 5 attachments and 4 photoes) My lettr to John F. Conway, Jr, June 3, 1996 ( with one color photo) John Conway's reply letter June 19, 1996 "Obstruction of Views by Trees ", 9/14/87 Policy • Dear Commissioners, A study of G -1 Attachment 2, RETENTION OR REMOVAL OF CITY TREES, makes quite clear your proposed policy of REFORESTATION OF CITY TREES. In the preamble to the policy appear the words "The regular care and maintenance of the City's trees insures - - - - ". In the REFORESTATION OF CITY TREES, 2nd paragraph, appear the words "The concept of systematically replacing mature trees which are creating hardscape, view problems and cannot be properly trimmed, pruned, or modified to alleviate the problems they create,--- - - - - -, is referrred to as reforestation." I found no connection made between "maintenance ", and "trimming" or "pruning ". It seems to me that there should be a connection. That is, timely and proper pruning should delay the onset of maturity and concomitant view problems. While views are being preserved, reforestation may be delayed or even be unneeded. Could not maintenance include height control? For example, from my home the City trees on Sandune Ln have become a continuing problem only after no trimming was done for about 5 years. Now they can no longer be properly trimmed, and even reforestation now is not considered a solution because the trees are still healthy and attractive. So there appears no solution to the view ^fir .ato_rattion of the current homeowner. Is this a fair outcome? To illustrate the problem in my case, I have made available 3 photographs: (1) 4/1/97 FROM 4015 TOPSIDE LN SHOWING CITY PARKWAY TREES ON SANDUNE LN. (Most leftward is Graham's Magnolia). Taken at 100 mm telephoto setting. lok #6a,b (2) 2/26/96 CATALINA ISLAND FROM 4015 TOPSIDE LN SHOWING CITY PARKWAY TREES ON SANDUNE LN; AFTER CITY PRUNING OF 2/13/96. lok #21 • (3) FEB 1972 FROM 4015 TOPSIDE LN LOOKING DOWN SANDUNE LN. THE PKWY TREES ARE JUST ESTABLISHING A PRESCENCE. lok In photograph(2), almost 6 ft had been removed from some of the trees, yet the view was cleared only to the bottom of Catalina. The partial view restoration was, and is, much appreciated. P2 of 2 In photograph (1), a little over one year after #(2), the growth has recovered a major share of the prior trimming and the view is disappearing further. The foreground trees are mostly Pepper Trees on Inlet Isle Drive. About 6 ft had been topped from them. Presumably they can continue to be topped. Photograph (3), compared with #(1), reveals that the tallest present trees are about 7 ft above lampost, or rooftop height. Hence the trees could be much lower, restore the view, yet soften the housetops. Please understand that I appreciate trees; some are indeed beautiful. In some cases they can enhance a view, or be a part of it. When they become height dominant Y or so dense as to obstruct the view they are to enhance, then they are no longer Y to be appreciated. The preferred solution would be to keep the trees low enough to avoid view impediment, yet shaped such as to be a desirable street tree. My hope is that the new policy G -1 can be implemented, after some changes, without unwarranted penalizing of view oriented residents. At present the proposed policy G-1 bears no legacy from the policy adopted Sept 14, '87, regarding "OBSTRUCTION OF VIEWS BY TREES "'. Sin er ly,�sCt� Z`loyd Krause Encl:Letter of John Conway to me of June 19, '96 My letters of May 30 and June 3, 1996 to John Conway (without photoes) with: My ltr of July 12, '76 Att: Jack Brooks Jerry Morrison (HVH') ltr of Aug 20, '76, Jack Brooks ltr to Jerry Morrison of Aug My ltr of Oct. 23, '76 to Jack Brooks My ltr of Mar. 14, '77 to Jack Brooks • Copy of policy of 9/14/87 "Obstruction of Views cc: HVH South Association, c/o Yvonne Houssels, File: D \Tree \Ctypkwy2.tre n U to Jack Brooks 25, '76 by Trees" President (without Encl) i4 � fi�,,,.�• R I f lipti. Tf� %mot. r Y ' nR , ! M ^' •yw M '1 W1i `f « «� .'/!!Y M � nay y Y'�V r� Y� F `n. •. �• I IS r wMr+� w e., ,� *. x; t t � a ♦.� �bt,� � r -K ''J v- �:i'ra,r'� L. -`w'- 'i -'r�. '�3 x* "t.7Y� '�� ,x` 5 +k T .nV, v !YSI { 1 v. µ 9 iP d ll 0 0 0 0 SERVICES AWARDS NOMINATI 1. Mr. and Mrs. Skinner - Water quality in Harbor 2. Art Gronsky - Newport Harbor nautical Museum 3. Dr. Jan Vandersloot - Cliff Drive park 4. B Moses - Dolphin project om CDM 35'L119 �-6 l5-' 5. Peggy Marotta - Bench Coordinator - Balboa Island Improvement Association 6m 0L 7. Dana. Pettit - �jd V��^''�" 8. Tom Haynes - 9. J. Thompson - new park 0 r PROPOSED NEW CITY TREE POLICY G=1 -�" In the new City Tree Policy now being reviewed and proposed it appears that in the 5 Objectives of the Parks, Beach and Recreation Commission and its General Services operations there no mention or criteria covering removal of objectionable trees regardless of valid reasons$ such as overgrowth considering its locations Community Association C.C. &Rs requirements . view enhancements benefits and down right common Bence. This new policy flys completely in the face of the policy established by the City on September 14, 1987 under the title tt OBSTRUCTION OF VIEWS BY TREES tt ( see copy ) In the proposed new Pol icy there seems to be an evasion of the intent'as spelled out in the above more realistic, comprehensive policy where view consideration is given some consideration and emphasis. The new proposed G-1 policy altt�ost eliminates any consideration of view. It certainly reduces view nsideration to a very low priority which is inconsistant and not appropriate when considering the Yiews offered in our Newport Beach City. Nay 7s 1997 ATTENTION E. P: Benson ° A 27 year Resident of Newport Beach u ' Edward T. Benson 1028 Westwind Way Newport Beach, CA 92660 NEWPORT BEACH PARKS, BEACH AND RECREATION COMMISSIU14 0 r1 U CITY OF NEWPORT BEACH PARKS. BEACHES AND RECREATION DEPARTMENT P.U. BOX 1768. NEWPORT BEACH. CA 92658 -8915 (714)644 -3151 2 OG O TO: ALL COMMUNITY ASSOCIATIONS The City Council recently adopted a new policy that addresses the problem of obstruction of view by trees and other .vegetation. A copy of this policy is included for your Association to review and discuss with homeowners that you represent. ura a ou to review ano enrorce our uc�tc•s as to t is new _ o is . If there are any questions ng this matter, please feel free to call. Cordially, Ronald A. Whitley Director 3300 Newport Boulevard, Newport Beach r fd • • 3J I -12 OBSTRUCTION OF VIEWS BY TREES The City Council has expectations that individuals, public agencies and homeowner associations will comply with procedures to diminish view obstructions caused by 'trees and vegetation on their property. The purpose of this policy is to identify the'importance of views lost due to tree growth by another private or public property owner. The objectives of this policy are to: 1. Preserve and promote the aesthetic benefits provided by trees and the Vlfreservation of views of the surrounding locale. 2. Preserve, maintain and enhance property values within the City. 3. Encourage the proper maintenance of trees, shrubs, hedges or other vegetation that unduly diminish desirable views. ✓4. Encourage homeowner associations and individuals to vigorously enforce their CC &R`s as-they pertain to trimming shrubbery in order to ,maintain views and property values. S. By example, City will endeavor to maintain all Ci property in a manner to maximize public and priva Definitions to clarify this policy are: i 1. Unreasonable Obstruction of View S. vk'tree, shrub, hedge or other vegetation should not be maintained on public or private property in the City in such a manner as to unreasonably obstruct the view from other property. 2. Views "View" means a range of sight including pleasing vistas or prospects or scenes. Views include, but are not limited to, the sight of geologic features, bays, oceans, skylines and bridges. /:o;:ted - Sc�ninbcr 14, 1987 PROPOSED G -1 POLICY With Community Associations Alliance, Recommendations (Underlined) RETENTION OR REMOVAL OF CITY TREES City trees are an important part of the City's urban landscape environment and enhance the City's natural coastal beauty. The regular care and maintenance of the City's trees insures the protection of a significant element of the urban forest. SPECIAL CITY TREES It is the City's policy to retain City trees categorized as landmark trees and dedicated trees which contribute to and give character to an entire neighborhood. Landmark trees and dedicated trees are identified on Attachment 1, and shall hereinafter be referred to as Special Trees. Trees within these categories shall be established, mapped, recorded and maintained by the Parks, Beaches & Recreation Commission ( "Commission "). Special Trees shall be retained, unless there are exceptional problems which require their removal. Prior to consideration for removal of Special Trees, the General Services Director, or designee, shall prepare a report identifying and implementing specific treatment to retain the tree(s). If specific treatment is unsuccessful in retaining a tree(s) then a full report shall be made to the Commission before any further action considering removal is taken. Prior to any removal of Special Trees, the City must comply with the noticing provisions of the Removal Process section set forth in thispolicy. During normal sidewalk, curb, and street repair activity requiring root pruning, all steps will be taken to retain Special Trees. ALL OTHER CITY TREES It is the City's policy to retain all other City trees unless removal is necessary for one of the following reasons: 1. The City tree has had a history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, or foundations based on City records or other competent and reliable authority despite specific treatment by the City to alleviate repeated damage. F • 2. The City tree has had a repeated history of interfering with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage. 3. The City tree is dead, diseased or dying. 4. The tree(s) comply with the criteria for reforestation as contained in the reforestation of City trees provision of this policy. REMOVAL OF CITY TREES The initiation to remove any City tree may be made by the General Services Department, Public Works Department, community associations or a private property ,owner by making application with the General Services Director. After receipt of the application a tree inspection report shall be prepared by the City's Urban Forester (Attachment 2) to determine if the tree(s) meets the criteria outlined above for consideration for removal. Simultaneously, a notice shall be provided to the affected property owner and the owners immediately impacted by the applicant's property, if applicable. The Urban Forester shall determine whether in his/her judgment additional specific treatment can be initiated to retain the tree. Once a recommendation is made by the Urban Forester and Park and Tree Superintendent to the General Services Director, and the General Services Director or designee concurs, then the applicant and the adjoining owners shall be notified of the decision to remove or retain the tree. An applicant or an adjoining property owner may appeal the decision of the General Services Director to the Commission, and if the appeal cannot be resolved at the Commission level, then the final resolution will be determined at the City Council level. The Commission and Council, in considering any appeals, shall determine whether the removal meets the criteria outlined in this policy. REFORESTATION OF CITY TREES It is recognized and acknowledged that City trees were planted many years ago and in some cases were planted with specific species that when fully mature create significant problems in curb, gutter, sidewalk or underground utilities. In addition, in some neighborhoods where views are a significant factor in home values, City trees were planted in the past which today create view obstructions. Today, arborists have developed lists of tree species which are able to grow in restricted parkway areas without causing significant future problems to curb, gutter, sidewalk, utilities or views. The concept of systematically replacing • mature trees which are creating hardscape or view problems and cannot be property trimmed, pruned or modified to alleviate the problems they create, or those which are reaching their full life and are declining in health, is referred to as reforestation. As a City which understands the importance of trees and the beauty it brings to a community, the City desires to continually improve the urban forest through reforestation. In areas where City trees have been removed through City initiation, the City should expeditiously replace them with the appropriate designated City tree. Reforestation may also be initiated by residents utilizing the process outlined below. A community association, residential community, neighborhood or business organization or any portion thereof, desiring to reforest City trees in their respective area, may submit a request to the General Services Director for consideration by the Commission that meets the following requirements: Any one of the three classes of property owners listed below may initiate a reforestation request to the General Services Director for consideration by the Commission for one or more selected trees on their property: a. Individual property owners who do not belong to. either of the owners on each side of their property agree. (Please note that the original a. is still included and moved below.) b. Residential communities, neighborhoods or business organizations must submit a petition signed by a minimum of 60% of the property owners within the area defined for reforestation. A neighborhood is defined for the purposes of this policy as ten or more homes in any given area of the City. C. Areas represented by a community association must submit a resolution of the Board of Directors formally requesting reforestation with a statement that all members of the community association have been notified and that a geneEal ..,,.,.,ing of the . ,..Lees was eandueted before the Board voted on the request. After notification, individual homeowners who are opposed to the proposed changes can be heard individually by the Architectural Committee and/or Board of Directors of the Community Association. • (Please note that d. and e. have been moved below as b. and c.) Is r1 a. The proposed area must have clearly defined' boundaries to include street addresses, block numbers, or other geographical information. b. d A written agreement by the petitioning sponsor to pay 100% of the costs of the removal and replacement of the public trees in advance of any removal activity. (The actual removal and replanting will be coordinated by the General Services Department.) c. e. The replacement tree must be the designated street tree as prescribed by City Council Policy G -6 or the organization must request and have approval from the Commission of the designation of a different tree species. In the event that the Parks, Beaches and Recreation Commission does not approve the reforestation request, the applicant has the option to appeal the proposal to the City Council. r ' j PROPOSED G -1 POLICY • With Dr. Vandersloot's Recommendations (Underlined) RETENTION OR REMOVAL OF CITY TREES City trees are an important part of the City's urban landscape environment and enhance the City s natural coastal beauty. The regular care and maintenance of the City's trees insures- the protection of a significant element of the urban forest. Insofar as the City is a designated member of Tree City extent possible. SPECIAL CITY TREES It is the City s policy to retain City trees categorized as landmark trees and dedicated trees which contribute to and give character to an entire neighborhood. Landmark trees and dedicated trees are identified on Attachment 1, and shall hereinafter be referred to as Special Trees. Trees within these categories shall be established, mapped, recorded and maintained by the Parks, Beaches & Recreation Commission ( "Commission "). Special Trees shall be retained, unless there are exceptional problems which require their removal. Prior to consideration for removal of Special Trees, :the General Services Director, or designee, shall prepare a report identifying and implementing specific treatment to retain the tree(s). If specific treatment is unsuccessful in retaining a tree(s) then a full report shall be made to the Commission before any further action considering removal is taken. Prior to any removal of Special Trees, the City must comply with the noticing provisions of the Removal Process section set forth in this policy. During normal sidewalk, curb, and street repair activity requiring root pruning, all steps will be taken to retain Special Trees. If tree roots are to be pruned in association with hadscape improvements, sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both sides of a tree's root are to be pruned, one side should be pruned a year in advance of the other side. ALL OTHER CITY TREES It is the City's policy to retain all other City trees unless removal is necessary for one of the following reasons: • 1. The City tree has had a history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, . or foundations based on City records or other competent and reliable authority despite specific treatment by the City to alleviate repeated damage. 2. The City tree has had a repeated history of interfering with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage. 3. The City tree is dead, diseased or dying. 4. The tree(s) comply with the criteria for reforestation as contained in the reforestation of City trees provision of this policy. REMOVAL OF CITY TREES The initiation to remove any City tree may be made by the General Services Department, Public Works Department, a community association, or a private property owner by making application with the General Services Director. After receipt of the application a tree inspection report shall be prepared by the City's Urban Forester (Attachment 2) to determine if the tree(s) meets the criteria outlined above for consideration for removal. Simultaneously, a notice shall be provided to the affected property owner and the owners immediately adjacent to the applicant's property, if applicable. Notice shall notified to the General Services Department. 'The Urban Forester shall determine whether in his/her judgment additional specific treatment can be initiated to retain the tree. If a tree(s) are to be removed. the tree(s) will be large. Once a recommendation is made by the Urban Forester and Park and Tree Superintendent to the General Services Director, and the General Services Director or designee concurs, then the applicant, adjoining owners community association if applicable, citizens groups, shall be notified of the discussion to remove or retain the tree. within 30 days of the proposed removal. An applicant or an adjoining property owner may appeal the decision of the General Services Director to the Commission, and if the appeal cannot be resolved at the Commission level, then the final resolution will be determined' at the City Council level. The Commission and Council, in considering any appeals, shall determine whether the removal meets the criteria outlined in • this policy, as well as unique factors which may be pertinent to the removal or retention of the tree(s). j • r" REFORESTATION OF CITY TREES It is recognized and acknowledged that City trees were planted many years ago and in some cases were planted with specific species that when fully mature create significant problems in curb, gutter, sidewalk or underground utilities. In addition, in some neighborhood's where views are a significant factor in home values, City trees were planted in the past which today create view obstructions. 'Today, arborists have developed lists of tree species which are able to grow in restricted parkway areas without causing significant future problems to curb, gutter, sidewalk, utilities or views. The concept of systematically replacing mature trees which are creating hardscape, view problems and cannot be property trimmed, pruned or modified to alleviate the problems they create, or those which are reaching their full life and are declining in health, is referred to as reforestation. As a City which understands the importance of trees and the beauty it brings to a community, the City desires to continually improve the urban forest through reforestation. In areas where City trees have been removed through City initiation, the City should expeditiously replace them with the appropriate designated City tree. Reforestation may also be initiated by residents utilizing the process outlined below. A community association, residential community, neighborhood or business organization or any portion thereof, desiring to reforest City trees in their respective area, may submit a request to the General Services Director for consideration by the Commission that meets the following requirements: a. The proposed area must have clearly defined boundaries to include street addresses, block numbers, or other geographical information. b. Residential communities, neighborhoods or business organizations must submit a petition signed by a minimum of 60% of the property owners within the area defined for reforestation. A neighborhood is defined for the purposes of this policy as ten or more homes in any given area of the City. C. Areas represented by a community association must submit a resolution of the Board of Directors formally requesting • reforestation with a statement that all members of the community association have been notified and that a A r J . general meeting of the members was conducted before the Board voted on the request. d. A written agreement by' the petitioning sponsor to pay 100% of the costs of the removal and replacement of the public trees in advance of any removal activity. (The actual removal and replanting will be coordinated by the General Services Department.) e. The replacement tree must be the designated street tree as prescribed by City Council Policy G -6 or the organization must request and have approval from the Commission of the designation of a different tree species. In the event that the Parks, Beaches and Recreation Commission does not approve the reforestation request, the applicant has the option to appeal the proposal to the City Council. • 10