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6/3/1997 - Agenda Packet
1 elk 1 COMMISSION Meeting June 3, 1997 CITY OF NEWPORT BEACH 4) PARKS, BEACHES AND RECREATION COMMISSION REGULAR MEETING TO BE HELD TUESDAY, JUNE 3, 1997 CITY COUNCIL CHAMBERS 7:00 P.M. ORDER AND ROLL CALL II. APPROVAL OF MINUTES - Meeting of May 6, 1997 III. PUBLIC COMMENTS Members of the public are invited to comment on non agenda items. Speakers are limited to three minutes. IV. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar (1 -7) 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. Correspondence (Report Attached) • Report from Parks, Beaches and Recreation Commission to City Council recommending the name of-Sunset View Park for the Hoag Linear Park site. 2. Park and Tree Division (Report Attached) Report of Park and Tree Division activities during May and upcoming projects in June. 3. Recreation and Senior Services (Reports Attached) • Report of activities during May for'these two divisions. 4. Bench Donation (Report Attached) Accept one concrete bench donation from Lois Jacobs to be installed at the upper observation area of Inspiration Point. I V. 2 5. Balboa Island Business Association Trash Receptacle Donations (Report Attached) Accept donation of 25 concrete trash receptacles from the Balboa Island Business Association for installation on Marine Avenue.on Balboa Island. 6. Balboa Island and Little Island Bench Donations (Report Attached) Accept two 6' teak bench donations from the Balboa Island Improvement Association that will be installed at Balboa and Little Balboa Islands. 7. Tree Donation for Peninsula Park (Report Attached) Accept one Majesty Palm Tree and plaque from Susan Perdue that will be planted at Peninsula Park. 8. City Council Policy G -1 (Report Attached) Review proposed draft of Policy G -1, .Retention or Removal of City Trees. 9. Tree Removal Appeal (Report Attached) Review one Eucalyptus tree at 618 Avocado Avenue. 10. Tree Removal Appeal'(Report Attached) Review two Eucalyptus trees at 701 -1/2 Marguerite Avenue. • 11. Tree Removal Appeal (Report Attached) Review two Carrot Wood trees at 1426 Outrigger Drive. r1 U M 12. Tree Removal Appeal (Report Attached) Review four eucalyptus parkway trees at 1951 to 1961 Vista del Oro. 13. Park and Open Space Committee (Verbal Report) Status reports on Recreation and Open Space Element and Park Developments. 14. Subcommittee Reports Reports from Budget, Tree Policy, Opening of Bob Henry Park Committees. VI. FUTURE AGENDA ITEMS Matters which Commissioners may wish,to put on a future agenda or raise for discussion. VII. ADJOURNMENT Item II • CITY OF NEWPORT BEACH Parks, Beaches and Recreation Commission Regular Meeting May 6,1997 - 7:00 P.M. Staff present: LaDonna Kienitz, Community Services Director David E. Niederhaus, General Services Director Marcelino Lomeli, Park and Tree Maintenance Superintendent 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. Chair Schonlau welcomed newly appointed Commissioner Phillips who gave a brief. background of his experience and welcomed the opportunity to serve on the • Commission. Roll call was taken. Commissioners Beek, Compton, Demmer, Dunn, Glasgow, Phillips and Schonlau were present. n LJ 3 II. APPROVAL OF MINUTES Commissioner Glasgow moved the minutes of the April 1, 1997 meeting be approved. The motion carried by the following vote: Ayes: Beek, Compton, Demmer, Dunn, Glasgow, Phillips, Schonlau III. TREE CITY USA AWARD Linda Romero, Urban Forester of the State of California, Department of Forestry and Fire Protection, addressed the Commission and presented the Tree City USA Award for the seventh consecutive year and the Tree Growth Award for the second consecutive year to the City and the Commission. The awards are presented by the National Arbor Day Foundation to agencies that excel in urban forestry and reforestation programs. \J Parks, Beaches and Recreation Commission May 6,1997 Page 2 IV. YOUTH BASKETBALL AWARDS Todd Alvarez, Recreation Coordinator, addressed the Commission and explained the City's youth program which includes approximately 1,000 children. The 5th and 6th grade boys team from Harbor View Elementary School won the City tournament and then the Orange County tournament in their division. They advanced to represent Orange County in the Southern California tournament. Chair Schonlau presented each athlete with a certificate and congratulated Coach Louie Rumble. V. PUBLIC COMMENTS Ed Benson, 1028 Westwind Way, addressed the Commission and explained the background of the trees on the slope of Westcliff Drive which were approved for removal due to view obstruction in 1987. Part of the job has been completed, however, he is requested removal of the three remaining trees. Director Niederhaus advised that this is a reforestation issue and cannot be • addressed at this time. He recommended the matter be addressed at a later Commission meeting following consideration of the new G -1 policy. Peter Drummond, 1706 Antigua Way, addressed the Commission and requested removal of thirteen Eucalyptus trees located along Antigua to Santiago. The residents of the 24 homes in the area agree that the trees raise the sidewalks and present a hazardous situation due to falling branches. Director Niederhaus advised that this request will also need to be reviewed following implementation of the new G -1 policy. Don Long, 1712 Antigua Way, addressed the Commission and presented photos of the trees requested to be removed by Mr. Drummond. He stated they no longer serve a functional purpose and the tree in front of his home had to be maintained three times last year. VI. CONSENT CALENDAR Commissioner Compton moved that the following items be approved except for those removed from the Consent Calendar. The motion carried by the following • vote: Parks, Benches and Recreation Commission May 6,1997 Page 3 Ayes: Beek, Compton, Demmer, ,Dunn, Glasgow, Phillips, Schonlau Item #1 -Removed from Consent Calendar Item #2 - Recreation and Senior Services Approve report of activities during April for these two divisions. Item #3 - 'Removed from Consent Calendar Item #4 - Bench Donation Accept one concrete bench donation from Cheryl Pasquarosa to be installed on the upper observation area at Inspiration Point. Item #5 - Bench Donation 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. Item #6 - Bench Donations • Accept two 6' bench donations from Mr. and Mrs. Gordon Hally to be installed on the lower observation area at Lookout Point. Item # 7 - Removed from Consent Calendar Item #8 - Beach Volleyball Court Application Approve installation of one beach volleyball court at 1508 Ocean Front. ITEMS REMOVED FROM CONSENT CALENDAR Item #1 - Park and Tree Division In response to a question from Commissioner Glasgow regarding the new sprinkler heads being tested at Begonia and Westcliff Parks, Marcy Lomeli, explained that they are being evaluated. It is anticipated they will result in lower water consumption. In response to a question from Commissioner Glasgow regarding,the Leeward Lane project, Director Niederhaus reported that staff received two letters of appreciation from Leeward Lane residents and that no tree removals were • necessary after root pruning. S Parks, Beaches and Recreation Commission May 6,1997 Page 4 Commissioner Demmer commended staff for their coordination with SPON in the tree planting program at Cliff Drive Park. Item #3 - Preliminary Budget - 1997 -98 Improvement Projects Val Skoro, 1601 Bayadere Terrace, addressed the Commission and questioned if the Street Tree Reforestation Phase IV and Bayside Drive Beautification Phase I could be resubmitted for additional funding. He pointed out that when City funds are used to beautify an area, it is an incentive for the neighborhood to participate, such as in the Irvine Terrace community. Director Kienitz explained that the preliminary budget will be transmitted to the City Council Finance Committee and then to City Council, at which time there will be opportunities for public input. Director Niederhaus suggested Mr. Skoro speak with his District's Council Member. It is possible these items could be included in the Supplemental Budget. • Item #7 - Street Tree Redesignation, Tree Donation and Tree Removal Virginia Herberts, 2290 Channel Road, addressed the Commission and stated she counted 20 Carrot Wood trees on Bayside Drive and did not observe any sidewalk damage. She also felt that a change to Queen Palms would detract from the street scape which includes Coral trees. Director Niederhaus explained that the Carrot Wood is not an approved parkway tree and that there are only four being designated for removal between Harbor Island Drive and Jamboree Road due to significant sidewalk damage and potential future damage. The residents have offered to pay for the removals as well as four replacement trees. Commissioner Glasgow moved to approve Items 1, 3 and 7 as presented. The motion carried by the following vote: Ayes: Beek, Compton, Demmer, Dunn, Glasgow, Phillips, Schonlau VII. E A, is Parks, Beaches and Recreation Commission May 6,1997 Page,5 Item #9 - Gateway Parks Peggy Ducey, Assistant to the City Manager, addressed the Commission regarding sites at 3531 Newport Boulevard and the vacant lot across the street at Via Lido and Newport Boulevard which will be landscaped as entry and exit way parks. The City purchased the site at 3531 Newport Boulevard in March for $300,000. To date, $209,000 has been collected and donations are still forthcoming. The Orange County Sanitation District will construct a new underground pump station at this location in exchange for donating $56;000 towards landscaping. Last week preliminary landscape drawings were received and Ms. Ducey recommended the Commission's Park and Open Space Committee review them prior to Commission approval. Commissioner Compton advised that the next Park and Open Space Committee meeting is May 19 and another meeting will be scheduled to review the landscape plans. . Item #10 - Annexation of Newport Coast Peggy Ducey, Assistant to the City Manager, addressed the Commission and reported City staff is reviewing the draft fiscal analysis which will include all service and park maintenance costs. The Finance and Legislative Committees of the City Council have authorized staff to begin negotiations with the County of Orange and the Fire Authority regarding.revenue split. Presentations will be made to Newport Coast residents for their input. Item #11 - Tree Removal and Replacement at Via Genoa and Via Lido Soud Director Niederhaus summarized the background of the request of the Lido Isle Community Association to remove and replace the remaining one Eucalyptus tree in conjunction with their landscape renovation project at the intersection of Via Genoa and Via Lido Soud. The replacement palm trees will be 36" boxed trees. Christina Grace addressed the Commission and explained that three Eucalyptus trees were removed due to renovation of the sewer pump station at this location and they are concerned the remaining tree will cause damage to the system in addition to detracting from their beautification project. Ms. Grace presented • landscape schematics for the site. The Association will pay for the removal of the tree and landscape maintenance. 1 C� Parks, Beaches and Recreation Commission May 6,1997 Page 6 Dr. Jan Vandersloot, 2221 E. 16th Street, addressed the Commission and questioned, if the tree conforms to the guidelines for removal. Director Niederhaus advised that damage to the trunk occurred during construction and there is potential tree root damage to the vault, however, by policy the tree does not meet removal requirements and is not an immediate threat to the vault. Commissioner Demmer moved to approve the removal of the Eucalyptus tree and support the Lido Isle Community Association in their landscape beautification project. Commissioner Dunn stated that he commends the beautification project but believes the Commission needs to adhere to the G -1 policy. A precedent should not be set by removing a tree for aesthetic reasons. Commissioner Compton made a substitute motion that the Association redesign their plans to include the Eucalyptus tree. Motion fails by the following vote: • Ayes: Compton, Dunn Nays: Beek, Demmer, Glasgow, Phillips, Schonlau Vote was taken on Commissioner Demmer's motion to approve removal. Motion passed by the following vote: Ayes: Beek, Demmer, Glasgow, Phillips, Schonlau Nays: Compton, Dunn Item #12 - City Council Policy G -1 Director Niederhaus reported changes to the G -1 tree policy are an emotional issue on which the City Manager, Tree Policy Committee and various groups have spent an inordinate amount of time. The proposed policy is their best team effort; however, correspondence has been received recently suggesting changes to the proposed policy. is Chair Schonlau opened the meeting to public hearing. I f 1 Parks, Beaches and Recreation Commission May 6,1997 Page 7 Yvonne Houssels, 1307 Outrigger Drive and President of the Harbor View Hills South Association, addressed the Commission and presented a letter from the Community Associations Alliance outlining their concerns and changes to the proposed policy. In summary, they feel the new policy is an improvement, however, the requirements are confusing and counter- productive in resolving the problems of view oriented communities and associations that have governing documents protecting their views. Ms. Houssels requests their revisions as submitted be incorporated into the new policy. Ed Benson, 1028 Westwind Way, addressed the Commission. Mr. Benson passed out his comments on the proposed'policy and stated it does not incorporate criteria for objectionable trees or view enhancements. In.addition, it almost eliminates any consideration of views and reduces views to a low priority which is inconsistent with past policy. Lloyd Krause, 4015 Topside Lane, addressed the Commission. Mr. Krause presented pictures taken at his home showing the growth of City parkway trees • from 1972 to 1997 which now obstruct his view. Reading from a prepared statement, Mr. Krause felt that proper and timely pruning would delay the onset of growth and view problems. He suggested maintenance include height control and shaping. It is his hope the new policy can be revised without penalizing view oriented residents. Guy Cazort, 3501 Seabreeze Lane and Vice President of Harbor View'Hills South Association, addressed the Commission. Mr. Cazort stated they are not opposed to trees and their Association would be willing to plant replacement trees for those removed to complement views. Ben Stein, from the Cameo Community Association, addressed the Commission and requested parameters be included in the policy in order that the Association can trim trees at their expense. He requested the policy be revised to allow Associations to maintain City parkway trees to accommodate views in compliance with City standards. Tess Lier, 4709 Dorchester Road and President of Cameo Shores and Cameo Highlands Community Association, addressed the Commission. Ms. Lier presented a picture of the tree in front of her home which obstructs her neighbors' • views since the City is no longer topping trees. She stated she supports the policy of removal and replacement, however, she objects to the reforestation policy which 1 Parks, Beaches and Recreation Commission May 6,1997 Page 8 • she feels is cumbersome and bureaucratic. She supports the past view policy and requests the changes suggested by the Associations be implemented so that views are not impaired. Debra Allen, 1021 White Sails and a member of the Harbor View Hills Community Association, addressed the Commission. Ms. Allen recommended the new policy include additional language to, allow Boards of Directors and Community Associations to govern street trees in their communities. She pointed out there is a big distinction between Associations with view protections as documented in their CC &R's and the rest of the City. Their CC &R's state landscaping shall be maintained to roof height. If City trees block views, then they cannot enforce their CC &R's. Ms. Allen pointed out the City has a Site Plane Ordinance which restricts the height of buildings and landscaping in one -third of Newport Center in order to protect views in their neighborhood, however, City trees are allowed to block their views. She requests the policy be changed to allow their Boards to retain the integrity of their CC &R's. • Dr. Jan Vandersfoot, 2221 E. 16th Street, addressed the Commission on behalf of SPON and himself. Reading from, his letter addressed to the Commission, he voiced their concerns regarding proper tree removal notification and an adequate appeals structure. He recommended trees proposed for removal be marked for at least 30 days.and that notice be provided to interested groups and citizens who submit a request to the General Services Director. He also recommended the Preservation of Special Trees list, particularly Neighborhood Trees, currently listed in the policy be included in the new policy under Special, Trees; that guidelines for Tree City USA be followed; and that root pruning be planned to ensure it will not destabilize or kill a tree. The basic principle is that City trees belong to the City, at large and that all citizens should be able to provide input when trees are slated for removal. Director Niederhaus advised that the Neighborhood Tree list in the current G -1 policy does not meet the criteria for Special Trees. Additionally, the Tree City USA guidelines specify that the City has an option to either have a citizens Tree Committee or an Urban Forester, or both. Commissioner Beek apologized that she had to leave the meeting but stated she . wanted to point out that the new G -1 policy is more lenient in regard to reasons for �0 • Parks, Beaches and Recreation Commission May 6,1997 Page removal and replacement. Associations can now request removal for view purposes through the reforestation criteria. Commissioner Beek left the meeting at 9:10 P.M. Jeanne Wanlass, 1700 Candlestick Lane, addressed the Commission and reported she did not receive a notice of this meeting. She stated her block has no views, however, the trees form a beautiful street scape and the sidewalks have not been damaged since 1982. She requests the Eucalyptus trees under Neighborhood Trees be added to the list of Special Trees, Virginia Herberts, 2290 Channel Road, addressed the Commission and reported various interested parties were not notified of the meeting. She requests the Neighborhood Trees be added to the Special Tree list due to their beauty and value. Mrs. Herberts pointed out that trees belong to all the citizens and the City would lose half of them if they were removed for view obstruction. Director Niederhaus advised that Associations and involved parties were notified • and that notification will be expanded to include those present. The proposed G -1 policy states that requests for reforestation must be reviewed by this Commission. Doug Campbell, 2901 Ebbtide Road and a Board Member of the Harbor View Hills Community Association, addressed the Commission. Mr. Campbell stated he feels the main concern should be retaining all trees, selective trimming and replacement of all'trees. He supports the recommendations of the Associations since views are important to the City. He feels the City needs definite standards for trimming and community options for Associations that can take care of their own needs, particularly if they pay the bill. Additionally, he feels that past decisions on selecting trees were made in error and this needs to be addressed. Director Niederhaus advised that the City adheres to the strict and rigid international arborist trimming standards. Elaine Linhoff, 1760 E. Ocean Boulevard, addressed the Commission. She stated she is concerned that a tree could be removed with notification only given to the adjacent property owners. She recommends a-citizens •advisory tree committee be established in the new policy to review tree removals. • Dick Marowitz, 2719 Setting Sun Drive and a member of the Tree Committee of Harbor View Hills Community Association, addressed the Commission. Mr. Parks, Beaches and Recreation Commission May 6,1997 Page 10 • Marowitz stated he felt Item c in the new policy is too onerous and unnecessary. He recommends notification be limited to the Board and affected homeowners within a view situation. He suggested no vote be taken tonight and that the Associations, Tree Subommittee and staff meet to implement a view protection policy. Commissioner Compton pointed out that as a result of the Commission's past experience on tree removals, it is important that the entire community is apprised of what is happening in their neighborhood. Philip Arst, 2601 Lighthouse Lane, Chair of the Community Associations Alliance and President of the Broadmoor Community Association, addressed the Commission. He stated they believe they are the best maintained district in the City and the City trees are unkempt, impact their view plane and do not fit in with their landscaping. Recognizing that different areas have different requirements, Mr. Arst recommends the ruling for Associations be deleted and that they be allowed to follow their own procedures. • Irene Black addressed the Commission and complimented the Commission on trying to balance the various interest groups. Ms. Black recommends the new policy allow more, notice for appeal purposes and input. r1 U 11, Val Skoro, 1601 Bayadere Terrace, addressed the Commission. Mr. Skoro reported that Irvine Terrace is a view community which has height restrictions on trees and structures. He requested the vote on. the G -1 policy be postponed and that the new policy incorporate consideration of view protection. Jon Robertson, 2509 Harbor View Drive, addressed the Commission. Mr. Robertson felt that the new policy is confusing and that there is a need to protect views. Different areas of the City should be recognized and trees ranked in terms of what the residents want. There being no further public testimony, Chair Schonlau closed the meeting to public hearing. During discussion Commissioner Glasgow stated he felt the policy needs more flexibility regarding view clarification and CC &R requirements. � J Parks, Beaches And Recreation Commission May 6,1997 Page 11 Director Niederhaus recommended the interested parties meet with staff to review the recommendations submitted and transmit a revised policy to the Commission at their June meeting. Commissioner Glasgow moved that this item be postponed to the June meeting in an effort to incorporate the suggestions made and accommodate the different parts .of the City. Commissioner Compton recommended that "homes that are impacted "'be added to the notification process and that the list of Special Trees be reviewed. Director Niederhaus advised that recommendations will be transmitted to the City Manager and reviewed by the Tree Subcommittee. A draft of the new policy will be submitted for the Commission's consideration.at their June meeting. Vote was taken on Commissioner Glasgow's motion to postpone the G -1 policy to the June meeting. Motion carried by the following vote: Ayes: Compton, Demmer, Dunn, Glasgow, Phillips, Schonlau Item #13 - Proposed Names for the Hoag Linear Park Site Commissioner Compton moved the first choice be Sunset View Park and the second choice be Ocean View Park. The motion carried by the following vote: Ayes: Compton, Demmer, Dunn, Glasgow, Phillips, Schonlau Item #14 - Park and Open Space Committee Commissioner Demmer reported the committee met with the consultant regarding the status of the Recreation and Open Space Element. Projected usage of open space was also - discussed. The next meeting with the consultant is May 19. Item #15 - Subcommittee Reports Director Kienitz reported the dedication ceremony for Bob Henry Park has been rescheduled for,August 17. Commissioner Glasgow presented a list of nominees for the Community Service Awards. • U Ia Parks, Beaches and Recreation Commission .May 6, 1997 Page 12 Following discussion, Commissioner Glasgow moved to nominate the Skinner Family for their efforts on water quality in the harbor; Art Gronsky, past president of the Newport Harbor Nautical Museum; and Betty Moses for her efforts on the dolphin topiary project in Corona del Mar. Motion passed by the following vote: Ayes: Compton, Demmer, Dunn, Glasgow, Phillips, Schonlau VIII. FUTURE AGENDA ITEMS - None IX. ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission adjourned at 10:42 P.M. The agenda for this meeting was posted April 29, 1997 at 4:30 P.M. on the City Hall Bulletin Board outside of the City of Newport, Beach Administration Building. 1 0 Agenda Item No. 1 May 27, 1997 CITY COUNCIL AGENDA ITEM NO. 17 TO: Mayor and City Council FROM: Parks, Beaches and Recreation. Commission SUBJECT: Naming of Hoag Linear Park Site Recommendation Formally approve the name of Sunset View Park for that site currently referred to as Hoag Linear Park. Background At their May 6, 1997 meeting, the Parks, Beaches and Recreation Commission reviewed 16 names for the Hoag Linear Park site. They unanimously voted to recommend to the City Council that the name of the site be Sunset View Park.. The alternate choice of the Commission was Ocean View Park. The site consists of a 0.52 acre linear view park, extending along the top of the bluff parallel to the existing bike trail, and rising to a 0.28 acre consolidated view park. Only the linear portion is being landscaped at this time as Phase I of the project. Sketch map attached. Attachment 0 a (ALT QO 2 a1 a C u C_ 0 1 t 1� l •h i ' a M P r L n O Z � � m L F \. . A IP 1 1 I� i 11 • �Alyi. i IIJ)��1 z L 0 1 H I� �� e 1 ' x I / a I -1{Ijl P I U n P 1 'm mnN a.m •.om�n m Pq ELIYIN ART IJOAG LINEAR PARK 11 1-1 l'ANCSCAPE N ) A1ICMITI CTUAY PLAN CITY OF NEWPORT BEACH 0 Agenda Item No.? June 3, 1997 General Services Department Park and Tree Divisions May 1997 Activities Report Park Division Activities 1. Staff continued coordinating construction projects regarding MacArthur Boulevard, Bob Henry Park, 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 El Paseo Storm Drain Project has been completed and staff has resumed maintenance. 2. All turf has been fertilized to ensure quality conditions for the summer park users. Compacted turf areas, especially the busy coastal sites, were aerated as well. 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. Staff coordinated with the Community ,Services Department the play equipment replacement.at one of the sand play areas at Buffalo Hills Park. 7. Staff received the attached letter of appreciation from several people that use the petanque court at San Joaquin Hills Park. The court was installed a year and half ago and has been very popular. Upcoming Activities for June 1. The planting of replacement shrubs and ground covers will continue City- wide. • 2. 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. V1 I1 3. The walkway replacement for Eastbluff and Kings Road Parks will begin and be completed by July. Tree Division Activities During the month of May, 212 trees were trimmed, 7 trees were planted, 8 trees were root pruned, 4 • trees were removed, 4 emergency calls were responded to regarding trees and 90 tree maintenance requests were received by the Urban Forester. Tree trimming has been completed for the fiscal year due to lack of funds, trimming will resume July 1 with the City Contractor. 1. Tree removals were performed at these various locations during the month: 604 Oceanfront Boulevard - Four trees removed due to property damage. Replacement trees to be planted once construction is completed. 2. The City tree trimming contractor, West Coast Arborists, completed scheduled work within the Westcliff areas. Additionally, parkway trees on East Pacific Coast Highway were trimmed in the business district. Is 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 second phase of the Leeward Lane sidewalk replacement project was completed on.May 29, 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 barriers, and hardscape. All the trees where work was completed passed the stability test and were not removed. 5. Staff coordinated the annual Arbor Day Program with the Community Services Department. This year the program was held on May 6 at Buffalo Hills Park in conjunction with, 125-students from Anderson Elementary School. T�e students planted five trees in the Park as part of the program. Park and Trees Superintendent MGL/pw `q 0 0 I� ,_m -a4_X Pte- (aZ Q 7a-l-4 � yluc�l� ,PQV 4'7'L�,: I �J ,�Lb Agenda Item No. 3 COMMUNITY SERVICES DEPARTMENT DATE: May 27,1997 TO: Parks, Beaches and Recreation Commission FROM: Steve Hunt, Senior Recreation Manager SUBJECT: Recreation Division - Monthly Commission Report Youth Sports - The 1997 Southern, California Municipal Athletic Federation Track Meet took place Saturday, May 24, at Long Beach City College, Veterans Coliseum. Approximately thirty Newport Beach children represented Orange County at this Meet. The Newport Beach athletes, by placing 1 ", 2 °d or 3'a, qualified for the SCMAF Meet at the Orange County Municipal Athletic Association Track Meet on May 10 in Mission Viejo. Aquatics - The Newport Beach Aquatics Club and CdM Junior Water Polo summer programs are underway. There are approximately 60 -80 children participating on NBAC swim team and 90- 100 children on the Jr. Water Polo team. On May 17, three teams from CdM Jr. Waterpolo, coached by Ted Bandaruk, competed in the first tournament of the summer season. The "A" division team (12 and under) defeated Cerritos in the championship game to take home the 1st place trophy. The teams both practice three to four times per week and have games and/or meets at least once a week. The 1997 Summer Aquatics Program will begin June 23 and continue through August 29. Ten potential Lifeguards and Swim Instructors be interviewed on May 30. The City's learn-to -swim program is comprised of five, two week sessions, offered at each of the high school pools. The participants are taught a wide variety of swim activities that stimulate interest in achieving the next skill level. Two new classes offered this summer are Pee Wee Water Polo and Introduction to One Meter Diving. Resi nation - The Recreation Division is losing an integral and valued staff member on May 30. Recreation Coordinator Maria Oliver has accepted the position of Recreation Supervisor with the City of Long Beach. Maria, who has worked for the City for over eight years, has been a critical member of the'staff. Most recently her responsibilities have included contract classes, the Newport Navigator, facility reservations and special events, such as Student Government Day. This is an outstanding opportunity for Maria to advance her professional career. We all wish her every success! Youth Sports Commission - Staff has scheduled the semi - annual field use meeting for Thursday, June 26, at 6:00 p.m. Representatives from the Parks, Beaches and Recreation Commission, City 0 Staff, NMUSD and each of the co- sponsored youth sports groups are invited. This meeting will focus on the upcoming Summer and Fall sports. Those in attendance will take this time to evaluate the -past year and any future considerations in regards to athletic fields and their utilization. City Government Day - City Government Day on Tuesday was a major success. Council Member John Noyes, representing the City Council, and Civil Service'Commissioner Steve Bromberg, representing citizen participation on Boards and Commissions, forty -one students and thirty -two staff members participated. Students were given orientations and internships in the respective City departments they had preselected. The students also conducted a mock council meeting with three controversial issues — traffic patterns at the "mixmaster;" change in curfew hours; and. a request for a Special Event Permit for body boarding at the Wedge. See the Daily Pilot article, May 22, 1997, for an overview of the "Council" session. Thanks to all, including former Council Member Jean Watt, who took time to educate some of tomorrow's leaders. Special thanks to Recreation Coordinator Maria Oliver, project manager of the event. Contract Classes - The Summer Newport Navigator was delivered to residents on. May 5. The office staff is receiving a large number of Summer registrations by phone, fax, mail and walk in. Revenues for the first three weeks of the summer quarter were over $50,000. This Summer session started the non - resident fee implementation. Staff is receiving negative feed with the majority of the complaints coming from Newport Coast residents. Over $900 in non - resident fees has been collected to this point. Special Events- Registrations for the 16th Annual Corona del Mar Scenic 5k Race, 2 Mile Fun Walk and Kids 1K Fun Run continue at a steady pace. As of May 22, there were over 400 runners pre- registered. This will be the first year for Kids 1K Fun Run. Staff is hopeful that it will become a standard part of the event. Flyers have been sent to all the youth track and field participants hoping to boost registrations. This year's race starters will be the Mayor for the Women's run and Bill 'Schonlau for the Men's race. E 1� A18 THURSDAY, MAY 22, 1997 Newport Beach/Costa Mesa Daily Pilot Students perform like pros in mock council With the exception of a few giggles and awkward smiles, a group of Newport Harbor and 'Corona del Mar High School students replaced the New= poit Beach City Council and staff for a day and performed like pros. ' Forty high school students, 22 of them involved in their schools' youth councils, observed and participated in the mock city council meeting during•City Gov - ertfinent Day on,Miesday. •� "They asked a lot of the same questions'we ask," sUd City Councilman Sohn Noyes. "I thought they did 'a good job." The students sat in des- ignated seats as board members and city employ- ees, while real city offi- cials sat behind them, whispering advice into their ears. "The comments made were very interesting," said Newport Harbor senior Scott Sims, who Newport Harbor and .Corona del Mar bodyboarding contest at the Wedge, extending the 10 p.m. curfew for minors and reao- voting Newport and Balboa boulevards. teens artici ate In •; . • Mandy Streiff, a Corona p p 'del Mar High School'senior Cl Government Day and a council member at the y mock meeting, said the expe- rience was an eye - opener for her. She did not know about the detailed procedures a governing board must follow. "I had no idea that was how it was like," she said. "It makes you realize that the public • does hav& a say on what goes on." Before the mock meet- ing, the students gathered in small groups and toured different departments at City Hall and various pro- jects under way In the area. They also,toured the Police Department. Corona del Mar High j School. student Cassidy ' 'Salus said she didn't realize city employees did much ' work until'she got a glimpse of the inner workings. 'I always thought they sat around waiting for a phone call, Story by MARISSA ESPINO t Photos by DON LEACH was elected mayor during• the mock meeting. I didn't realize all of the rules." The student board members discussed issues concerning a Acting city clerk,.M.E. Clayton, hands over the gavel to newly elected mayor of Newport Beath, Scott Sims, while fellow students Mandy Strieff and Whitney McDonnell of Corona del Mar High .Scott Patrick Hogan of Newport Harbor High watch the proceedings as council members during a mock council meeting. Left- City council members.for'a day, Whitney McDonnell, Scott Sims, Mandy Strieff and Katie Obegi, listen to arguments as to why a surf contest should.be held at the Wedge. . but that is not what you do," said the junior, who toured a fire sta- tion, Newport Harbor and the emergency room at Hoag Hospi- tal. Overall, City Attorney Dan Ohl said he was impressed with the students and how they car- ried themselves throughout the day. "I love listening to the kids and seeing how they think — its kind of fun," Ohl said. "I think they have a lot more going for them than adults give them credit for. "' 0 COMMUNITY SERVICES DEPARTMENT DATE; May 27, 1997 TO. Parks, Beaches, and Recreation Commission FROM: Celeste Jardine -Haug SUBJECT: Senior Services Division - Monthly Commission Report May has been a busy month in the Senior Services Division. We are still training the new Recreation Coordinator. I can tell that our services and programs have expanded It has been overwhelming explaining the many services we offer. We are losing one of our van drivers. He is moving his family to Florida. This is a vital service that requires, a special person with a lot of patience. We will be interviewing applicants next month with the intent to till the job before the current driver leaves. Staff is busy planning for summer activities and the Resource Fair in July. Summers are no longer a slow season for us. The population of participants seems to be ever increasing which results in a busy Center. OASIS celebrated Older American Month by putting on a Western Hoe -Down. This very special event included an outdoor BBQ lunch, alive band for linedancing, and plenty of'western style activities. The event was put on by staff with incredible support from participants. It was held on Monday, May 19, from 12 noon to 3:00 p.m. One hundred ten people were in attendance. Friends of OASIS voted unanimously to remodel the Multipurpose Room kitchen. The entire kitchen will have new equipment, the counter tops will be replaced, flooring will be replaced and a new addition will be built to add storage for the nutrition program. The total cost will be $88,000. This project demonstrates the commitment that the Friends of OASIS Board members have to this facility. The project will begin on July 21. Tenant Works, the contractor will apply for all the applicable permits through the Building Division. The last Friends of OASIS pancake breakfast for the year was held Saturday, May 10, 7:30 to 10:30 a.m. The breakfasts are held on the second Saturday of each month except during the summer. The.program serves as an ongoing fund raiser which adds to the support of OASIS, but it is also an event which entices community members into the Center. Senior and high school volunteers spend from early tin the morning making sure that participants are well fed and happy. One of the greatest benefits is the community spirit that is generated from this social gathering. Monthly breakfasts will begin again September 13. 10 0 0 OASIS SENIOR CENTER SUMMARY OF ACTIVITIES - APRIL 1997 PARTICIPANTS ATTENDING• CLASSES OR GROUP SESSIONS PERSONALIZED SERVICES PROVIDED Includes: Legal Assistance Another Passage 8 Blood Pressure 80 Braille 34 Counseling 50 Employment 35 HICAP 40 Housing 26 - 3475 CUSTOMERS 1955 SERVICES Information/Referml 1110 Legal Assistance 12 Life On Your Own 26 Medicare Assistance 3 Senior Assessment (hrs) 40 Telephone Reassurance 486 Visual Screening 5 SENIORS RECEWING'TRANSPORTATION SERVICES -1014 CUSTOMERS Care -A -Van 625 Shuttle 389 CUSTOMERS RECEIVING NOON MEALS AT THE CENTER - 1,421 CUSTOMERS VOLUNTEER HOURS OF SERVICES PROVIDED AT THE CENTER - 2344. HOURS (Equivalent of 14.65 full time employees) Includes: Front Office Kitchen Gift Shop Pancake Breakfast Home Delivered Meals Special Events Instructors Travel Office Office . Library PARTICIPANTS IN FRIENDS OF OASIS TRAVEL PROGRAMS - 210 CUSTOMERS Overnight Trips Las Vegas /Golden Nugget 44 Panama Canal 26 Copper Canyon 8 Day Trips Carlsbad Flower Fields Crystal Cathedral Palm Springs Follies House of Design McKinney Theater Lawrence Welk ATTENDEES TO MEETINGS AT OASIS Board of Directors 14 Steering Committee 12 Newsletter Collating 25 General Membership 91 Planning Committee 13 PARTICIPANTS AT SPECIAL EVENTS as Pancake Breakfast 230 Health Fair 430 Income Tax People Served 473 28 15 28 17 16 28 - 155 PERSONS 1133 PERSONS E 1� Agenda Item No. 4 June 3, 1997 To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Bench Donation Recommendation To accept one concrete bench donation from Ms. Lois Jacobs that will be installed at the upper observation area of Inspiration Point. Additionally, that the verbiage and size of the donor plaque conforms to City Council Policy. Discussion Staff received an inquiry from Ms. Lois Jacobs 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. Lois Jacobs has received a copy of this report and a notice of the June 3 Commission meeting. Very respectfully, I�vid E haus DEN/MGL/pw Attachments l� J 0 a. '74 g f .ys -16 M 0 11 Agenda Item No.g June 3, 1997 To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Balboa Island Business Association Trash Receptacle Donations Recommendation To .accept the donation of twenty -five concrete trash receptacles from the Balboa Island Business Association for installation on Marine Avenue on Balboa Island. The trash receptacles will not have any donor plaques. Discussion Staff received the attached letter from Mr. John Robinson, President of the Balboa Island Business Association, requesting the donation of twenty-five, concrete trash receptacles for Balboa Island to be located on Marine Avenue. The Association has been working with the City for the past several months on a streetscape enhancement program for Marine Avenue. The trash receptacles are the first phase of these improvements and will replace the plastic containers in the business district. The General Services Department is responsible for picking up the trash from these containers and will continue to do so on a scheduled basis. Mr. Robinson has received a copy of this report and a notice of the June 3 Commission meeting. Very respectfully, avid E. Niederhaus DEN/MGIJpw Attachment Sent by: J NOYES JEWELERS 7146755871 05/24/97 19:13 1] Job 202 Page 1/1 k3AI._I30A ISLAND I ii I,`--;INE-SS ASSOCIATION :'\ NUr1••I.V0111 NIIIN01 13>q)0111 I MAY 22, 1997 GENERAL SERVICES DEPARTMENT CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92663 -3884 RE :REPLACEMENT OF TRASH CONTAINERS ON MARINE AVENUE THE BALBOA ISLAND BUSINESS ASSOCIATION HAS PURCHASED NEW TRASH CONTAINERS TO REPLACE THE EXISTING CONTAINERS. THEY WERE CHOSEN BY A COMMITTEE OF THE B.I.B.A. AND VOTED ON BY THE GENERAL MEMBERSHIP. THEY WILL NOT HAVE DONOR PLAGUES OR ANY OTHER IDENTIFICATION. THE WRITING OF THIS LETTER ACKNOWLEDGES THAT THE CONTAINERS WILL BECOME THE PROPERTY OF THE CITY OF NEWPORT BEACH AND ARE TO REMAIN ON MARINE AVENUE. JOHN RO C' PRESIDEI BALBQA'I BUSINESS ASSOCIATION c_q I "() 13(.)X 64. t (::V {k c >liNl:\ 92662 0 Agenda Item, No. 6 June 3, 1997 To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Balboa Island and Little Island Bench Donations Recommendation To accept two six foot teak bench donations from the Balboa Island Improvement Association that will be installed at Balboa and Little Balboa Islands. The Association will assume all future maintenance and replacement requirements. Additionally, that the verbiage and size of the donor plaque conforms to City Council Policy G-5. Discussion 40 Staff received the attached letter from Ms. Peggy Marotta, Bench Coordinator for the Balboa Island Improvement Association and the Little Balboa Island Association, requesting the approval of one bench donation for Balboa Island to be located at Apolena Avenue and North Bay Front. The other bench donation being requested is for Little Balboa Island, to be located at South Bay Front. Additionally, the Association will be responsible for all maintenance of the new benches. 0 '"J Ms. Marotta has received a copy of this report and a notice of the June 3 Commission meeting. Very respectfully, avid E. Niederhaus DEN/MGL/pw Attachment 0 0 BALBOA ISLAND IMPROVEMENT ASSOCIATION P.O. BOX 64 Balboa Inland, Califomia 92662 Mr. Mareelino Lomeli, Park &ad Tree Superintendent, City ofNewport Beach, P.O. Box 1768, Newport Beach, California 92658 -8915 By Ietter And facsimile # 714 - 650-0747 Dear Marcelino, Re: Balboa Island Teak Benches RECEIVED MAY 0 61997 GS PARKSrMEES Date: S-6-9-7 Please find enclosed herewith the bench donation requests to the City of Newport Beach for inclusion in the next Parks, Beaches and Recreation Commission meeting Agenda The Balboa Island Improvement Association will assume all general maintenance arising out of the installation of that benches. We also confirm that alt donor plaques will conform to City council policy. Many thanks for all your assistance, With Kind Regards, ZQ 1� �4 Ms. Peggy Marotta, &.I.I.A Bench Coordinator 3� TO 39Vd 9NId00"Id QNV"ISI J d 8VEVSC3 -h TL SE :TT 466T/90/90 J_,' 0 0 E BALBOA ISLAND BENCH DONATION REQUESTS NAME & ADDRESS NUMBER OF LOCATION OF BENCHES 0F DONOR BENCHES > £aT210E Sao AMC) J34 Y }�UDG IcIN5 a (lime rsA4A16) 1 it0"i 1FACGLf HARFOR kAAIE -SIIA10106E' P5;4WD ILIA 4V V /!0 THIS IS ro h'ej�':. ".' rr.� �:0 5TYA SkAlc1+AND PkAavIF 'Fit AT ten= PVRcMASF17 1.4j 902• 829s5 P1.A[#IlE W11.L BE ON /VkV DENGH . A GROUP CF- OA) A'POLRNH HP4Pl�P UP �, Af OA4eNA AAJD Nb, SAY F20/V T• qy 401.5 ,D612kYN .33o APO S -RWA AUE• Q.T. 3� Z0 39vci 9NINOQ-U GNV7SI Date• .5 -r - 9 -1 8D£DS49 —VI4 8£'IT 466I/90/S0 0 Agenda Item No. 7 June 3, 1997 To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Tree Donation for Peninsula Park Recommendation To accept one Majesty Pahn Tree (Ravenea rivularis) donation and plaque from Ms. Susan Perdue that will be planted at Peninsula Park. Additionally, that the verbiage and size of the donor plaque conforms to City Council Policy. Discussion Staff received an inquiry from Ms. Susan Perdue regarding a proposed palm tree donation for Peninsula Park. Subsequently, the donor submitted the attached letter requesting the approval of one palm tree donation. Staff feels that the donation would enhance Peninsula Park. The palm would screen and soften the look of the utility cabinets at this location and add a unique palm species to the park. The size of the donor plaque will conform to the City Council Policy G-5 in size, 2" x 6 ", and verbiage. Staff will have photographs of the palms and proposed planting location at the Commission meeting. Ms. Susan Perdue has received a copy of this report and a notice of the June 3 Commission meeting. Very respectfully, David E. Niederhaus DEN/MGldpw Attachment 32 0 May 14, 1997 Mr. Marcelino 0. Lomeli Park & Tree Maintenance Superintendent City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Mr. Lomeli, Thank you for assisting my family with information on donating a tree to the City of Newport Beach. My father, Don Perdue, passed away on March 14, 1997. As a special way to remember him and his favorite place, we would like to donate a tree to Peninsula Park. We have selected a 24" boxed palm tree that would fit in with the other trees at the park. I understand that the city requires a bronze plaque measuring 2" x 7". My family and I will conform with this requirement and limit the text to read: "Donated for: Don (Dad) Perdue." A private service for my father was held at the pier and his ashes were scattered off the Newport Coast by the Neptune Society. For years, my parents visited Peninsula Park and the Balboa Bay Chub. My mother shares many memories of their thirty -seven years of marriage and of the anniversaries celebrated on the Balboa Peninsula. Prior to retirement, my father was the owner of Newport Truck Sales, which was based in the city. He later sold the company and the name to a business partner. The peninsula was a very special place to my father. We would be so honored to donate a tree for him at Peninsula Park. I will cover all expenses for the purchase of the tree and bronze plaque, Please contact me if you need additional information. I look forward to hearing from you and will plan to attend the Council meeting on June 3, 1997. Sincerely, J Susan Perdue 235 California Court Mission Viejo, CA 92692 (714)756 -0677 (work) n Agenda Item No. 8 • June 3, 1997 TO: Parks, Beaches, and Recreation Commission FROM: General Services Director SUBJECT: Council Policy G-1 (Retention or Removal of City Trees) Recommendation Approve the amended Policy G -1 as written and forward to the City Council for consideration. Background The attached City Manager's memo of April 16, 1997 provides the background regarding the lengthy review process of Council Policy G -1. On May 6, 1997 the Commission reviewed the proposed Policy and considered numerous public comments. The Commission directed staff to evaluate the comments and return the Policy to the June meeting. Staff, including the City Manager, carefully evaluated the public input and prepared the attached draft of the Policy. Changes to the previous proposal are underlined. Discussion The remaining key issues associated with the Policy are: expanded public notification and participation in tree removals, more flexibility in the initiation and review processes for a reforestation request, and objections to deleting Neighborhood Trees from the Preservation of Special Trees listing. Staff concurs with the need for public notice of adjacent property owners and if applicable, community associations as suggested by attendees of the May 3 Commission meeting. The request that tree removal notices be automatically provided to any individual or citizens' groups is considered too cumbersome by staff. Questionable tree removals are always presented to the Commission. All tree removals go through a three -tiered decision process (Urban Forester, Park & Tree Superintendent, and General Services Director). However, notice to an . applicable community association is recommended for tree removal and reforestation activities. 3� n LJ The Policy has been amended to require the marking of a tree considered' for removal "at least 30 days prior to removal ". Further, staff has added a requirement that trees considered for removal will be listed in an activity report to the Commission prior to any removal action. These two requirements provide sufficient and timely notice to the public. Suggestions by .the public regarding the reforestation portion of the proposed Policy were: the inclusion of individual property owners in the application process, deletion of the need for a general meeting of a community association, and the requirement that individual association members opposed to reforestation must refer their complaints to their association. An individual property owner requesting a tree removal and replacement is not considered a reforestation action. Reforestation applies to an area of not less than 10 homes wherein a significant number of trees are to be replaced. Individual property owners may apply for tree replacement utilizing the process noted in the Removal of City Trees section: The staff in turn will ensure the appropriate community association is notified. Staff concurs with the suggestion to delete the requirement for a general meeting of an association to consider reforestation. An association board has only to ensure all association members are aware of the reforestation proposal before public review. Staff does not support the necessity for individual property owners who oppose reforestation be referred to their association. While an association board should be aware of their members' stance on a reforestation request, each property owner has the right to participate in the public review process. The current G -1 Policy has three classes of special trees: Landmark, Dedicated, and Neighborhood Trees. The majority of the trees in the latter category were placed in two categories, either Landmark or Dedicated. The remainder were deleted in the proposed Policy as having no more special significance than similiar trees in adjacent areas. The remainder of the changes to the revised policy are underlined for emphasis. Very respectfully, David E. Niederhaus DEN /es /mhl Attachments: (A) City Manager's memo of April 16, 1997 (B) Proposed G- 1'Policy • CITY OF NEWPORT BEACH Office of the City Manager April 16, 1997 TO: Parks, Beaches & Recreation Commission FROM: Kevin J. Murphy, City Manager SUBJECT: CITY COUNCIL POLICY G -1 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 • due to the City's adoption and adherence to a set of nationally adopted �r Attachment A • -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: 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 �1 • -3- 3� 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 by the 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. 0 0 n U 3`i 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. This 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: 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. 0 • • 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- 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 12, 1985 Amended - November 28, 1988 Formerly 1 -9 M 0 0 f. J 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 TREES NEIGHBORHOOD TREES fl No. Mariners Park (Marcie Schrouder) Mariners Park (Frank Tallman) No. City Hall grounds (Billy Covert) City Hail grounds (Walter Knott) City Hall grounds (Calif. Bicentennial) Las Arenas Park (Ed Healy) Mariners Park (Isy Pease) City Hall grounds Species Eucalyptus globulus Phoenix canariensis Phoenix canariensis Liquidambar styraciflua Eucalyptus corynocalyx Phoneix canariensis Eucalyptus globulus Eucalyptus lehmannii Pinus radiata Pinus radiata Ficus benjamina Pinus halepensis Pinus halepensis Melaleuca linarifolia Pinus halepensis (U.S. Bicentennial Freedom Tree) Harpephyilum caffrum 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) Erythrina caffra Phoenix canariensis Washington robusta Eucalyptus globulus Eucalyptus ciadocalyx Eucalyptus globulus Eucalyptus globulus Eucalyptus varieties Eucalyptus globulus Eucalyptus globulus Eucalyptus rudis Pinus radiata Eucalyptus rudis Pinus radiata • Candlestick Lane, etc. (Baycrest) Eucalyptus citriodora Commodore Eucalyptus citriodora Starlight Eucalyptus citriodora Glenwood Eucalyptus citriodora Candlestick Eucalyptus citriodora Sandalwood Eucalyptus citriodora I* 0 Adopted - May 9, 1966 Amended - November 9, 1976 Amended - November 28, 1988 Amended - October /1993 Formerly 1 -9 12 0 • q3 CITY Or NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT Addre Phone Request, Botanical Name Common Name Designated Street Tree Estimated Tree value Damage Parkway: Concrete Brick__ Turf other Comments Inspected by Recommendati Reviewed by Date Date 06 -95 G -1 a 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. wA 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 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, 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 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.) 0 I� 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. • 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 Mar) Pinus radiata Poppy Avenue (Corona del Mar) Eucalyptus rudis Heliotrope Avenue (Corona del Mar) Pinus radiata • L41 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 s • • • r Ljq CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT Phone Request Botanical Name Common Name Designated Street Tree Estimated Tree value Damage Parkway: Concrete Brick Turf other Comments Inspected by Recommendati Reviewed by Dat Dat 06 -95 G -1 • r1 U 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 of City Trees section set forth in this policy. During normal sidewalk, curb, and street repair activity requiring root all steps will be taken to retain Special Trees. If tree roots are to be i 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. 0 Attachment B • 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) must comply with the criteria for reforestation as contained in the Reforestation of City Trees section 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, and the appropriate community association if applicable. The Urban Forester shall determine whether in his/her judgment additional specific treatment can be initiated to retain the tree. If a tree(s) is to be removed, the tree(s) will be marked at least 30 days prior to Lne removal, in oraer t0 notuy the punuc at large. once a • recommendation is made by the Urban Forester and the Park and Tree Superintendent to the General Services Director, and the General Services Director or designee concurs, then the applicant, the adjoining owners, and the community association if applicable shall be notified of the decision to remove or retain the tree within 10 days of the proposed removal. The General 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 appeal, 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. i 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 and/or view problems and cannot be properly 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 that include the trees proposed for removal and replacement, 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 era 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. 0 • Agenda Item No. 9 June 3, 1997 11 To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Tree Removal Appeal -618 Avocado Avenue Recommendation To retain one eucalyptus tree at 618 Avocado Avenue. Discussion Ms. Judith 0. Olson submitted the attached letter dated March 19, 1997 requesting the removal of one eucalyptus tree adjacent to her property at 6 -18 Avocado Avenue. The Urban Forester completed the attached Tree Inspection Report and identified the tree as a healthy specimen that should be retained. The tree is valued at $9,771.84 per the attached tree appraisal report and is not causing significant private or public property damage. The Park and Trees Superintendent concurred with the report. Ms. Olson has received a copy of this report and a notice of the Commission meeting on June 3. ,V�eir�y respectfully, N�^'1 z— David E. Niederhaus DEN/MGL/pw Attachments TREE INSPECTION REPORT Name: Ms. Judith Olsen Address: 618 Avocado Avenue Phone Number: 760 -6870 Request: Tree removal per letter. Botanical Name: Eucalyptus sideroxylon, tree site #1 Common Name: Red Ironbark Designated Street'Tree: Eucalyptus rudis (Desert gum) Estimated Tree Value: 26" DBH -1 tree (530'.9 ") 80% species value ($9771.84) Damage: Maintenance records indicate last trimming was completed May 9, 1996. Parkway: Concrete Brick Turf X Other • Comments: A field inspection determined that the tree was healthy and curb is scheduled to be repaired in February 1997. Inspected by:or— Date: January 30, 1997 Recommendation: Retain tree. Reviewed by: ,pry, ^ n Date: January uary 30, 1997 4 Cil �+itbw Ul) v 4* I, 1t �?i . 0 • F z w ma �w N w zW a N O J U z w a • S N 7 C a 0 0 7 a to i. 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GJ't„ ' q�141tq i`i� R '. % O,➢ "u3�� 3t " �� ;i. a`� o p - ',j�'�, °o° • � � .• � � Fry ° AI'Gnsi a�° t °,� ���s�� •r,�h,'`. f.41 ,F.ri - On a °5 p 'A� m ''tiy. `�C•� �.NtA �T +aa; 4•�� �r(: "; J:,^�rrrltl;, •. � � �'� ° °� atl � pw, �ia�5'E "' ^2� ���y�°��.. t A vn , >� »,', .p �,,:• ��1i '. - i i. q . •� YYtu 'ydioy 13d jiY s s Ot.�+,,- �`' o :i » �'r':`F�Vi;r-,r•t. �$' g aL+t�' '� u,- � �.�`g` = SAIGVI 9� HrCC „ti Sj '. 4.11.I�\ tT i A' 'i d ,'aa Wv.. H y.'3 4141 $� n ��$ 2 \a:" J 2'. ♦� Z'• _ :1 N \•1 $AN NI iG'�• ^. . '+ .•,4. /� �,m 3 YaYt ,, � d ZUV an t 2 � �} ik - avw A r jjs 4 �, —z ®4A71�/ �02�O111ff0� 4661 MUM i �� �� li�h "c6f• -7--\ MAP - —r. , „ 'Y7 I �m m Judith O. Olson 45 Canyon Island Drive Newport Beach, CA 92660 714 - 760 -6870 GS PARKS/TREES March 19,1997 Mr. David E'. Niederhaus General Services Director P 0 Box 1768 Newport Beach, CA 92658 -8915 Regarding: Formal Appeal to the City of Newport Beach for Tree Removal at 618 Avocado, Corona Del Mar Dear Mr. Niederhaus: On January 27,1997, I made an appeal to Mr. John Conway to remove the parkway tree at 618 • Avocado and on 2/13/97, the request was declined. On 2/11/93, I made a request to Mr. Ron Whitley for-the same tree removal -and it was declined on 6/8/93. 9 -b The tree drops a dark sap that, is very slippery during rain and moist weather. Three persons, including two tenants and myself through the years have-slid- and fallen on the slippery sap. I FELL ON THE CITY PROPERTY, BOTH TENANTS FELL- ON MY PROPERTY - THE FRONT PATIO WHERE THE TREE PRIMARILY DROPS THE SAR IF A TENANT WERE TO SUE ME FOR DAMAGES AS A RESULT OF A FALL ON THE PATIO, THIS COULD PRESENT A QUESTION OF LIABILITY BECAUSE OF THE CITY TREE AND MY RECORD OF APPEALS THAT INDICATE THERE HAS BEEN AN ONGOING PROBLEM. I have enclosed fifteen of the photographs that I had sent to Mr. Conway. On 2/5/97, the city replaced the damaged curb due to the root bound tree, however the parkway ground still has surfacing roots from the root bound tree and the surrounding ground is raised as high as ten inches in some areas because of the roots. The water runs off because the surface is raised and hard, therefore, the parkway cannot sustain the planting of grass. The parkway is unsightly because it is impossible to grow grass and through the years I have spent several hundred dollars replanting the city parkway with grass that will not survive. It is unequitable that all parkways along the street are planted with grass and attractive and this parkway is barren, has surface roots and an unsightly tree trunk and no planted grass. r 0 Page Two Mr. David Niederhaus, City of Newport Beach SOME OF THE PERTINENT FACT RELATING TO THIS PROBLEM ARE: Sap drops on the sidewalk, patio and stucco around the patio as well as the front of the building. The light beige stucco wall around the front patio and parts of the front of the house are black from the sap. It also appears that the sap removes the top layer of the stucco. A few months ago I had the front patio power cleaned, however, it presently needs the sap to be removed Both units were leased in the last two months and in order to rent the front unit I agreed to remove the black sap and paint the damaged stucco to match the other stucco. I am reluctant to proceed with the repairs until this appeal is completed in order for the damage to be inspected and acknowledged by the appropriate City of Newport Beach personnel that are involved in the process. The tree is trimmed so the major foilage does not hang over the street, it hangs over the sidewalk, patio and building.Mr. Conway stated in his 2/13/97, correspondence to me that the tree was trimmed in 1991,1993,1994 and 1996. Trimming the tree does notprevent the black sap from devastating the property. The tree also causes damage to automobiles parked under it and tenants know not to park in that area, however, the general public is not aware. is MY FORMAL APPEAL TO THE COMMISSION IS TO HAVE THE TREE, CONDITION OF THE PARKWAY, DAMAGE TO THE PROPERTY AND POTENTIAL POSSIBILITY OF PERSONAL INJURY REVIEWED AND FORMALLY ACKNOWLEDGED BY THE CITY OF NEWPORT BEACH. I would appreciate receiving a response outlining the process so that I may report a time frame to the tenants regarding the repair so they do not have to live with the unsightly appearance and I can paint the stucco wall and replant the area. Mr. Niederhaus, I appreciate your consideration of this matter and look forward to hearing from your office. Thank you very much. Sincerely, • Olson Enclosures: Corresponded to /from City of Newport Beach - 2/11/093, 5/26/93, 6/8/93 with enclosure dated 3/3/93,1/27197 Fifteen Photographs of the area Copy: Mr. John Conway Mr. Richard Efferta 0 January 27, 1997 Mr. John Conway Urban Forester General Services Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Regarding: 618 Avocado, Corona Del Mar, CA 92625 Eucalyptus tree in Parkway Dear Mr. Conway: I appreciate your taking the time to speak with me on 1/24/97, regarding the ongoing danger with the overgrown eucalyptus tree and the recent fall as a result of the wet slippery sap. Enclosed please find my first correspondence with Ron Whitley, on 2/11/93, regarding two falls due to the dark slippery sap leakage from the same tree. My tenant fell on 1/8/93 and when I went to discuss his accident and attempt to clean up the slime on 1/17/93, I fell. The attached correspondence from me to the city on 2/11/93 and 5,/26/93 and their reply received on 6•/8/93 with a copy of a letter that was suppose to be sent on 3/3/93, outlines that incident. They declined my request to remove the tree. I have enclosed photographs that I took 1016196, on the day that I picked up the now obsolete G -1 form from the the City as I had planned to once again ask for help and felt it would be helpful and more explicit to enclose photographs. Yesterday 1/26/97, I again photographed the tree and surrounding damage and you can see how the postion of the tree has changed in just three months. On 1/15/97 a prospective tenant fell on the wet slime once again. I personally have slid twice. If this situation persists there could be a major injury. The eucaplytus tree in the parkway has the following problems that are clearly indicated on the photographs that I am enclosing. Please note that some are dated 1016196 and the others dated 1/27/97 and I can see the progression of the hazard. The primary problem is the dark slippery sap all over the deck, stucco walls surrouding the patio as well as some of the stucco on the building. The root structure has caused the city sidewalk to • break and the curbs to separate. The separated curbs could cause a major fall. The root structure has surfaced and is growing on the top of the ground not only breaking away pavement, but grass or 0 • Mr. John Conway, City of Newport Beach Page Two, 1/27/97 any other plant life cannot grow in the area. The tree is tilted and has moved even more in the last three months. It appears that because it is so tall it could fall over. This overly mature root system could cause camage to the sewer lines. The black slime has ruined the patio wall, umbrella and I am putting a claim into the city for repairs. THE REAL PROBLEM IS THE POTENTIAL INJURY THIS COULD CAUSE. The parkway cannot sustain grass planted around the tree and the bark of the tree appears sick or not normal. Mr. Conway, I hope that you will find these photographs helpful and I look forward to hearing from you. THANK YOU VERY MUCH. Sincerely, Judith Olson 45 Canyon Island Drive Newport Beach, CA 92660 Copy: Mr. Richard Effertz, Riviera Adjusters ENCLOSURE: Photograph Exhibits Pages to Letters /City of Newport Beach 2/11%93, and 3/3/93. Claim Form for Damage Against City of 5/26/93, 6/8/93 Newport Beach 0 February 11, 1993 Mr. Ron Whitley Director, Parks Division Parks, Beaches and Recreation City of Newport Beach P 0 Box 1768 Newport Beach, CA 92658 Dear Mr. Whitley: I own the duplex located at: 618 Avocado, Corona Del Mar, CA 92625. A very large eucalyptus tree lives in the parkway. This particular eucalyptus tree has leaves and branches that create a very dark oily substance all over the city sidewalk, the front stairs, patio, lawn and sidewalk on the side of the house. This unsightly dark oil is extremely slippery when it is wet. My tenant that! resides in the 618 1/2 unit slipped on the sidewalk and fell on 1/8/93, and when I went to discuss the incident with him on 1/17/93, and attempted to clean the oily substance, I also slid on the oily substance and fell. My fall was witnesses by a roofing contractor who was at that time working on the building. The substance that is created by this tree is not only very dark, / oily and unsightly, it is very dangerous. I would be pleased to further discuss these incidents or refer you to my tenant that fell, Mr. Gordon Munroe. Throughout Corona Del Mar, I have noticed there are types of Eucalyptus trees that do not create the dark, slippery oil. May I ask the committee to-please inspect the site, including the patio and keep in mind that I have attempted to clean the debris created by the tree. In order to prevent further hazard it is my request that the tree be replaced. Please know that I sincerely appreciate your attention to this matter. Thank you very much. Sincerely, Judy Olson 45 Canyon Island Drive Newport Beach, CA 92660 • 714- 760 -6870 Copy: G. Munroe 1 6� CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department March 3, 1993 Judy Olson 45 Canyon Island Drive Corona Del Mar, CA 92625 Dear Ms. Olson: Your request for tree removal at 618 Avocado has been reviewed', and examined on site, by the three Street Tree Commissioners and the City Tree Supervisor. A recommendation has been made to retain the.tree in accordance with the Tree Preservation Policy I- 9, of the City of Newport Beach for the following reason: This tree is very •healthy, beautiful and a valuable tree to W.F community. It ;i.s also felt that this tree is not a hazard in regards to making the sidewalk slippery below it. There are many trees. of this type on Avocado, none of which are producing the stain you have. We feel that this slippery substance may be a build up accumulated during the recent construction there. The City will clean the sidewalk in front of 618 Avocado of this substance, which appears to remove quite easily. Your recourse in this matter includes an appeal of the Tree Committees decision to the full Parks, Beaches and Recreation Commission. If you wish to do so please send a letter stating that to: Ron Whitley, P.B.& R Director, c/o City of Newport Beach, CA. 92658 - 8915, for inclusion on the April R.B.& R. Commission agenda by March 21, 1993. Sincerely Randy Kearns Park & Tree Superintendent C� J 0 CITY OF NEWPORT BEACH PARKS. BEACHES AND RECREATION DEPARTMENT P.O. BOX 1768. NEWPORT BEACH, CA 92658 -8915 (714) 644 -3151 --.June 8, 1993 Judith Olson 45 Canyon. Island Drive Corona del Mar, Ca., 92625 Dear Ms'. Olson: Enclosed is a copy of the response letter sent.out on March.-L-3,1993. =I apologize.if you.did not receive this for-some reason. If you have any questions regarding this response, I can be reached at 644- 3162. CC: Ron Whitley, P.B.& R. Director Sincerely Randy Kearns PARK & TREE Superintendent l� M 0 Mr. Ron Whitley Director, Parks Division Parks, Beaches and Recreation City of Newport Beach P O Box 1768 Newport Beach, CA 92658 RE: 618 Avocado, Corona Del Mar, CA Dear Mr. Whitley: On•February'11; °1993;"I wrote to you, advising that two people had fallen and were injured as a result of the slippery, black, oily •, discharge from the eucalyptus tree located at 618 Avocado. The substance is all over the sidewalks, walkways and the residential patio of the property located at 618 Avocado. I realize that the sidewalks may be the responsibility of the city, however, when a tenants fall on my patio, as a result of a city owned tree,, we have a serious liability problem. Soon after I sent the letter, I received a telephone call that the committee would be inspecting the property. The black oily substance was removed from the sidewalks and walkways, however it remained on the patio. I have heard nothing further. I feel that approximately four months are ample time for this matter to be addressed. If we wait too long it will be the season for the trees to discharge the dark oily substance and the rains to once again cause the area to be dangerously slippery. I would appreciate receiving a reply to my request of February 11, 1993. Thank you very much for your consideration. Sincerely, Judith O. Olson 45 Canyon Island Drive Newport Beach, CA 92660 • 714- 760 -6870 0 r t,, Y(A �rtr "�� /bra �•v. /J S�CR�l14 is 1 Tti?'"fi�h A vY I���Y xr r' ✓per a 'rS 2u ��� e : _ �•.,:�,..' .1���1% "4i . v:' •� ., �:1..1i __ � _ .t'D f -n.�f �. ,� f�:� �•r.', . ' i y ' � sy"X, r s.'! , .. . ` ,:• =, . .. �� :���; ;��: '' ,N.,. �'� yh�ry F�. ",� `�"'.2�V;F,�,{... � ,fit'' j •r f � 1 �a1;,�/ 4Y J ✓✓ 3> • Fi " V w Lt �C"+��"f�i�• "¢(}�(µ rtr �fi i11 •c I ��f. •C� 't Pt`, r i � � r t� '� �> >ts' t•,�.4' .a St.11rL`� sL7t . T „ �� t X r �, 4 Y• °, t �� r � ^ v .. - .. +ICI 1 v� .. w- ( � •; i. 0 PHOTOGRAPH EXHIBITS, EUCALYPTUS TREE DAMAGE 0 618 Avocado, Corona Del Mar, CA 92625 • Page of 1 0 . PHOTOGRAPH EXHIBITS, EUCALYPTUS TREE DAMAGE 0 618 Avocado, Corona Del Mar, CA 92,625 • Page 5 of Ls- Gq c n• 1w., v 53�• ' :,7"�+ � ' ,a 5. ;} . ..; s 5 t r.. !' ^�'✓ M I• + a/ ,�'Y i l� L,S, ' s: n 'S . , 5 y n 1_r - ' r i �„ 11 �� � � �� �r't r.nt5 5 Y '' � �� i w N ri Nr �5���'1����:�: ,ter � if 1 � �. f 'YZ ��'ik �rS���t"f\ SYSy ,` "1�Y1 � +7 F /��' n.. 4 +�' . Y S� rs .+.'.Y.S SS�7 ASt�y� ' � , .Yit':17 t c n• 1w., v 53�• ' :,7"�+ � ' ,a 5. ;} . ..; s 5 t r.. !' ^�'✓ M I• + a/ ,�'Y i l� L,S, ' s: n 'S . , 5 y n 1_r • PHOTOGRAPH EXHIBITS, EUCALYPTUS TREE DAMAGE 0 618 Avocado, Corona Del Mar, CA 92625 • Page q of / 10 ru oll . �- C:�y�. »g 4r�± � N _ .+.. �J• ' y (�i, t _t.� t � �14 1n.. �.': 5!yT �.y. �� } � i.. 7; `-1:73 . Y:: -; Ry V + a •� i' I'� l i �I I 1 1 Il i i --�: i ,~� '- 'r %. l �; r . _� � 1. �v "y} �'�� `� -._ �' a ,� Y�, ' ' r K bT nn r r\ IV�F{ f/F �' '.�•� °'x"S> ���� 'S'r 'r:7/��ytV w[ .4"' e "``^RYT' " r�'144�p lti`j. t � /t • is „.��`{ '�jF 4lu �Y�'�• ��,�'�"�+�M�rsl '�” '�'� "�YYx. �'�IA,F.��4..1i.. L l v'r�li��Jltij��'�fF.) %1 ±•]'(Gy �t"�YS1y��F""'+.M +. L ��• i f , 4 J i • f rfy ��J( �� il''. i+ � * �••� iii I 4'r� � i 'E -�:; �',:� -- - �, • � ,. ... � J, ,:: k •E � `I j ' ( � ` I , � ix. y. rsd �.KFv ..��1� I �� ti ; '�4 } y G 1 � �' M t��ai � � 1 I 1 ^V.�V rG l.'.� 1�. •:.?•.� �.3J •t. w �� "�S I . ti I f �;� ' 4`, _T•! j � . ... 1 � _. .. ' � ': Ia�� r �; x y�''rt5 M r ',�s „�{ MY� �� �_� ..+� }.y � � ' yl - _ %� � -A'�FJ vv+ �lI �'•'1 , v'b' =v'v� ' ta� /, ; 1 fi ar ^r� ir:� S H y�. � '.�(r+�.0 w �Ft 'f iY ,SKr.. Y y,A.r .. � r J .7 /.. \... .. •r � j , L' �" 9J �/ •h i r • v � q • Agenda Item No. 10 June 3, 1997 To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Tree Removal Appeal - 701112 Marguerite Avenue Recommendation To retain two Eucalyptus trees at 701 1/2 Marguerite Avenue. (trees are located on Fourth Avenue) Discussion Staff reviewed the attached Public Works Department Encroachment Permit in September, 1995 since a new residential construction project could possibly affect the existing City parkway trees on Fourth Avenue. The permit was approved by the General Services Department with the specific condition that • the eucalyptus trees be retained. • Ms. Anna Lindquist submitted the attached letter requesting the removal of the two eucalyptus trees adjacent to her residence. The Urban Forester completed the attached Tree Inspection Report and identified the trees as healthy specimens and that they should be retained. The trees are each valued at $7,035.72 per the attached tree appraisal report and are not causing significant private or public property damage. The Park and Trees Superintendent concurred with the report. Ms. Lindquist has received a copy of this report and a notice of the Parks, Beaches, and Recreation Commission meeting on June 3. Very respectfully, David E. Niederhaus DEN/MGL/pw Attachments E • �O September 29,1995 To: Gilbert Wong Project Engineer From: Urban Forester Subject: Encroachment Permit 95 -300 701 Marguerite Avenue I have reviewed the attached Encroachment Permit 95 -300 and have several reservations and questions regarding the construction of a sidewalk and driveway on the ,4 Street side of the property. The mature Eucalyptus trees at this location must be protected and the excavation for a driveway and sidewalk pose a significant hazard and liability to the integrity of the root system. The trees could fall over and cause considerable damage, the one most significantly effected is the one where the driveway is proposed. The attached Tree Appraisal form indicates the tree in question has an estimated value of $7035.72. Every step must be taken to insure the stability and integrity of the tree. Therefore, before the project can proceed I am recommending the property owner hire a consulting arborist to make recommendation for the trees and also be on site throughout the project. Additionally, all costs to preserve, root prune and tree trim should be the responsibility of the property owner. Please contact me on your decision on this matter. JN,hn Conway l Attachment Ev NEWPORT BEACH ENCROACHMENT PER Pamdf E,P - 3 (pion, ni, a pot. Piece hard• make 3 coPbl Amantt,"Paids If-i Cb �LCATION FOR: CURB CUT ❑ SEWERCONNECTION Recmgls_(,a5i°i�_ /(CHECK ONE) O STREET EXCAVATION O WATERCONNECTION Sewer Too Allow ' O UNDERGROUNDUIILITIES D OTHER• Weler Fee RooWf ADDRESS OF WORK: O 03 'M PxfL- \J eu.�V - Slrwl Permit APPLICANTS NAME AIXNiESS, 91(p WD' o Li0 co to l S3 T ba. Q2. "SN 2 o. R'40( OWNERS NAME ADDRESS, CONTRACTOR'S NAME- ADDRESS: Office Fivares: JcbSde Phones• CONTRACTOR'S CITY BUSINESS LICENSE NO. Z STATELICENSENO. Cr The applicant hereby makes application to C'_ O N S —1 IL V o'T D Ys- \ V E W PAL H P P 1 U 0'0C.H p E114 STS \ L- l- A. S \1%v JPA -,At OEVL ZTl1 --\ !3n -L P N 0 W co R-B I a- •P e-rL- r-rh - o g a- -L _ rf-Ex V %L- LNVLCL \e,,,,a t pp KLIA`f OtJ W\Pn -6\1 ErL lTE. Pt1C.. -Se CDaCTh-kI CT ' PN-T•A PCsE t_ q P (SEE ATTACHED PLANS) -�•� tir - SPECRL CONDITIONS OF APPROVAL REOJIREDBYCITY r0&JTAC7V .tok-AN COSCWr"i PT C'71A• bti- 4 - -3063 (-OR ROOT PR.V 0113 E, R. E CLV I fLC sMEbs'T S. D Locale aedpomde existag City owned ulielos his: wet". sewer, a wool lghNg ca+dnls) lovedy Wmbons Paff to start ofeny work Maintains mnm(p laolcleeianc a woraunder exrslingdN wood mblid To emanyo la xgoclm of eA coruxslois lolly URilxs ade mnEcl shouldoxur please=,,, of the Lukens Departm nl, 48 hours Prix b sled of anYwak at (714) 6443011. In addle, when 8 sewn clemout a mgmed. V C P a P V C. SDR36 shat be wodwlha 4TT box wa the cluromn rrso. " ALL UNDERGROUND WORK SHALL BE PERFORMED BY NLICENSED CONTRACTOR" CONTACT "UNDERGROUND SERVICE ALERT"AT LEAST48 HOURS INADVANCE OF ANY EXCAVATION AT 1.800 - 422 -4133 WORKERS COMPENSATION INSURANCE CERTIFICATE OF INSURANCE ' (Sa1m380OLabor Codo) D 1 cauy 11x1 I hwe a Ceddoale of consent to self Insure, a Certr ato of Wmikees Compensation Insurance a a Cedim Copy Iheie if polgNalJWc 2.24639 -02 Canpanyr.�Cl.brOEA6LC Expiation Dale. 9 b D CeddodCopy hoeby hunched Dale Apploanl - (slgnalure) CERTIFICATE OF EXEMPTION (Section 3800 Lebo Code) D I ceddy mat in the pedoimamce of the work for which lhs pencil as issued. I shall rot employ cry Pascal many summer so as to became so4>)ec1 to the Wakees Compensation Laws of California 11, ahei sgning IM eemfcate I become subject to the Wakees Canpecaalon poisons of the Slate labor Code, I mull comply with the pwsbns of Section 37W c, tM petmil shall he deemedtwoked Dale Apploent (signature) CONTRACTOR LICENSE EXEMPTION D 1 a exempt from he" a Centimeter as l am the OWNER of the popsy and am parsonsey pedaming all wok wihin the Public dghl4way. Date Applranl (signature) ENCROACHMENTSTATEMENT • O l urdeislaM that l am coaling mnwt mumachmenls within the City nghl41wayleasemen1. 11 is my responabliy as the properyowrter to maintain the encroachments I win be lespumble for ieplacing the impotements it the City lemwes then for maintenance of uleiaes a olhm public need: and I; IM popery owner shag indemnify and hold the City hermbss la any tuff assocratedwith the mina encroachmenls Dale Owner Sgneluie- « « «< 24 HOUR ADVANCE NOTICE IS REQUIRED FOR ALL INSPECTIONS >> >>' >> >`-�o � o � The helms and condlions of this permit are printed on both elders of ths�orm.3Applicant hereby acknwvted e has ea , S aid umdemiadss aid tams and cmdlms and that he apices to by mean u OWNERS OR AUTHORIZfidAGENTS SIGNATURE (DATE SPACE BELOW THIS LINE FOR JOFFICEUSE - DEPARTMENT PROVAL REQUIRED DATE SIGNATURE -TITLE X613.5= 9-a1v PERMIT ISSUED BY: DATE ISSUE JP_ .3 %9S EXPIRATION DATE OF PERMIT: 2. 9 6 Ev • y'�r l�l,�l�l � 118111[ls,f �ETED BY FIELD PERSONNEL �, n u �✓ IPA i 12 S Gt4,A(Av""re .!d am4 f-f Mw .fit a,;,, . .6V E .o IONS 5Z,_ 1. Encroachment permits shall be taken out, in .bhe name of the owner of the benefitted property and signed by the owner or authorized agent of the benefitted property. A signed copy of the e mit and appr ved c struction plan shall be kept at the job site at all times. ���� 2. Th Permi to -or es o defend, indemnify and hold the City, its authorized agent, officers, representatives and employees harmless from any responsibility, liability, suit or action of any description arising out of any accident, loss or damage to persons of property occurring as a proximate result of any work undertaken under this permit. 3. All work shall be done in accordance with the approved plans, and the Standard Special Provisions and Standard Drawing of the City of Newport Beach, and in compliance with all applicable State laws and City ordinances. 4. Permittee guarantees all work performed under this permit to be free of hidden and latent defects. Any failures will be corrected within two weeks after notification to the satisfaction of the Director of Public Works. 5. All construction within public rights -of -way must be performed by licensed contractors, unless waived by the Public Works Department, 6. Contractors 'shall obtain permits to perform excavation or trench woik from the California Division of Industrial Safety prior to commencing underground construction as required by State law. Trench excavation and backfill shall conform to Section 306 -1 of the City's Standard Special Provisions. Walls and faces of all excavations over 5 feet in depth shall be effectively protected by a shoring system, sloping of the ground, or other equivalent means. Trenches less than 5 feet in depth shall be guarded when hazardous ground movement may be expected. 7. All work must be inspected by the Public Works Department. Forms and subgrades must be inspected and approved before concrete is ordered. Sewer, pipelines and subgrade construction must be inspected and approved before backfilling. Public Works inspectors are available during working hours upon 24 hours advance notice. Call (714) 644 -3311 to arrange for an inspection. Separate Utilities Department inspections may be necessary. B. Permits for excavation work required to install water and /or sewer services shall not be issued until utility connection fees have been paid. After fees have been paid, the Public Works Department will send the permit application to the Utilities Department for approval. All utilities connections must be inspected by the Utilities Department prior to backfill. The applicant shall notify the Utilities Department at (714) 644 -3011 at least 72 hours in advance of work for utility inspections. 9. Barricades must be provided and maintained around all trenches, excavations and obstructions. Barricades must be properly lighted. All signs, flags, lights and other warning and safety devices shall conform to the requirements of the current "Manual of Warning Signs, Sights and Other Devices for the Use in Performance of Work Upon Highways ", issued by the California Department of Public Works. If the applicant does not have barricades, barricades can be obtained from the City at a charge of $10.00 per barricade per day, with a minimum charge of $35.00. it is the responsibility of the applicant to place barricades to protect the general public. 10. Access to fire hydrants shall be maintained at all times. 11. Prior to undertaking any work which will extend into the traffic lanes and impede the normal flow of traffic, the applicant must first secure the written approval of the Public Works Department's Traffic Division. The Traffic Division may require written approval from the License Supervisor, who will notify the Police and Fire Department 'prior to allowing the streets to be closed. Traffic Control as a minimum must be per Work Area Traffic Control Handbook (WATCH). 12. The applicant must notify the gas, electric, telephone and cablevision companies before starting any underground construction. Call underground service alert at 1- 800 - 422 -4133 at least 48 hours before digging. 13. Refuse or unused materials shall be removed within 24 hours after completion of the work. If materials are not removed, the City may remove the materials and bill the applicant. 14. A permit for a driveway approach shall be considered null and void if changes made by the applicant eliminate the need for a driveway. The driveway approach shall be removed, and the curb and gutter replaced at the applicants expense. I5,, work which has been done prior to issuance of a permit is subject to re)ection and /or fine. %I- • n Y M.S., 4705 E. Chapman Ave., Orange, California 92669 -4112 PHONE: 714 771 -7295 10\ C-Of20�4A- 96L MAIL -W 1�0010y or1 'rQ157 t .or tixvr or� T0e6; 4 tDWL,012� UQ SC CUT 6JS T-W M10)ilk1 Syr- 'Q(Ct7t� ASC B U,5 40 r7 65iXA1-yPTv,4 j, RDDTS Ag,< CU'( GLEAN Lit' Gld�1 N - 5 AW IF q lAt W- TI5 l2.. fg-V F f 't'Ft� DPI \f-l000VS 02,00fW G- 1;,6AV 40 5000 Ay FO,�y95b� �h!'%�iRtJgTD�.1AL S�GI�TY ©� �R�TLl�LT(JfzC • September 29,1995 To: Gilbert Wong Project Engineer From: Urban Forester Subject: Encroachment Permit 95 -300 701 Marguerite Avenue I have reviewed the attached Encroachment Permit 95 -300 and have several reservations and questions regarding the construction of a sidewalk and driveway on the 4 Street side of the property. The mature Eucalyptus trees at this location must be protected and the excavation for a driveway and sidewalk pose a significant hazard and liability to the integrity of the root system. The trees could fall over and cause considerable damage, the one most significantly effected is the one where the driveway is proposed. The attached Tree Appraisal form- indicates the tree in question has an estimated value of $7035.72. Every step must be taken to insure the stability and integrity of the tree. Therefore, before the project can proceed I am recommending the property owner hire a consulting arborist to make recommendation for the trees and also be on site throughout the project. Additionally, all costs to preserve, root prune and tree trim should be the responsibility of the property owner. Please contact me on your decision on this matter. JtShn Conway Attachment \_J r m v a U W Z VJ W C V UJ OJ 0 0 c' E. 0 CL W W j 11 M r 0 � > x K 2 O c 13 Z v � r M U � M o_ a r� T r > n i W Z d � o m E R D M c 0 M S�NT- BYINEWPORT BEACH • 0 Michael T. Mahoney 3300 Marcus Avenue Newport Beach, Cal' Alden Kelly 1223 Evergreen Fullerton, Cal James Bar; 4705 East orange, C M )10- 3-95 1'10:35AM GENERAL SERVICES-+ Arborists fornia 92663 9'263'5 )2669 -4112 7148443318;# 2' phone # 714 -673 -9075 714 -990 -3007 714 - 771 -7295 0- 9/24/1995. 15:04 9094817217 DELANEY INSURANCE FAX TRANSMISSION DELANEY INSURANCE AGENCY, INC. 9035 HAVEN AVENUE, SUITE 104 RANCHO CUCAMONGA, CA 91730 (909) 481 -7222 Fax: (909) 481.7217 To: CITY OF NEWPORT BFACH BUILDING & SAFETY Fax #: (714) 644 -3318 From: JACKIE WEST Subject: ETCO DEVELAPMENT, INC. COMMENTS: PAGE 01 Date: o9/21/95 Pages: 3 including this cover sheet. PLEAS. CATT, TV YOU HAVE ANY QUESTIONS OR CHANGES TO BE MADE. HARD COPY TO . FoLLOW IN MAIL. 1 *• 0 0 9 December 5, 1995 CITY OF NEWPORT BEACH,,)s(cl-o/ lye PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443311 ✓L �e ETCO Development Company 537 Newport Center Drive, Suite 344 Newport Beach, CA 92660 SUBJECT: Resubdivisiom No. 1,015 701 & 703 Marguerite Avenue Gentlemen, The conditions of approval of Resubdivision No. 1015 required that the street damaged curb and gutter along fourth Avenue be reconstructed. The new curb and gutter should be constructed in a gentle curve around the trees in order to protect their root systems. The City has previously required developers to construct this type of improvement in Corona del Mar. Please replace the damaged curb and gutter as required with the approval of Resubdivision No. 101 S. Call the Public Work inspector at 644-3311 to review the areas along Fourth Avenue to be replaced and to set up a construction schedule. If you have any questions or need additional information, please feel free to call me at (714) 644 -3311. Sincerely, o FF� v f Cu v`o %n 2 --v Richard L. H6ffstadt Development /Subdivision Engineer / cc: Don webb, Public Works Director Horst Hiawaty, Field Engineer Mark Puglisi Inspector vV Ron Winterburn, Valley Consultants (FAx:650•2095) letters.I a%res 101 5.1tr c 3300 Newport Boulevard, Newport Beach f 0' CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 Resubdivision No: 1015 PLANNING DEPARTMENT 644 -3200 June 29,1995- Applicant: ETCO Homes, Corporation Address of Property Involved: 701 and 703 Marguerite Avenue Legal Description: Lots 1 and 3, Block 738, Corona del Mar Tract � A G ,4eA i a &4 rI Resubdivision 'ltequested: Request to resubdivide two adjoining lots into two parcels of land for condominium purposes. The Modifications Committee on Tune 27, 1995, unanimously approved the application subject to the following conditions: 1. That a parcel map be recorded prior to occupancy. That -the parcel map be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall' submit to the County Surveyor a digital - graphic file of said map in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected' in place if installed prior to completion of the construction project 3. That all improvements be constructed as required by Ordinance and the Public Works Department 4. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public ,improvements, if it is desired to record a parcel map prior to completion of the public improvements. 0 3300 Newport: Boulevard, Newport Beach r June 29,1995 Page 2 5. That each dwelling unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the public Works Department 0& That a 10 foot radius corner cutoff at the corner of Marguerite Avenue and Fourth �`�//�Avenue be dedicated to the public. 7. Jfhat the tree damaged and displaced portions of curb and gutter be reconstructed along /the Fourth Avenue and Marguerite Avenue frontages; and that sidewalk be constructed along the Fourth Avenue frontage; and that the existing displaced carriage walk be removed from the Marguerite Avenue frontage. • All work shall be completed under an encroachment permit issued by the Public Works Department . i 8. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 9. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 10. That a park dedication fee for three dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code. 11. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the City Council. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved lvould be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision 2. 'That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act �O S -d 0 0 J v l°`YF\' °• u0i v w I.. m N~ y oQ W \ _ _ a ¢ U o W a W � p 3�\ y, w MQ pQ QzN � f _O.N..p W NtW-¢O NSU—' m .i W > H> W S J b t f7 t a U W ¢o O ci a ¢ o 0 ¢ 0 aHvio in #°'r c0�nm ZZ NNNN NN NNN i Z Z 2 W 0 0 0 Z Z 2 2 i• wo-� rti3 1 0 0 0000 0 �ti' .a �'• IZ N Uc.+cgs0000 U U 1.1 1i k I f . � h �•" 1 IX 0 OH Il ry 0 2 N >;. w ` • y m W o O m T 7 ° row 15 ww00�c n Ft Of J O 3 ? W V 0 T NO M ryf� � `)10 00 N 0 E O N V e O rC� y �� cn W V v 0 H I W tucs LLJ " cCWSi o L�MN\S p a. W OR wO m m LLJ v ta_ \� —JV N Cd N W f W m IZ Ow 1—w- Z F N 0 K �9 .�...• NOJ � W�wuo m / S o ?ems f o w m a N J z J O LL 4 \N TY V' �• � � • N y 6 o = W 3 W p O IQi J¢ 00 N E j J W 4 Z W m W ,v v 1 .SO Z p Z LL O O 0 3 U ZN Q 0 3 x= f=/I N p W W W Q O p F J O JQ Z2 ZpQ OOQit • y•.i. � %7' Nm {- LL m LL LL� !- 3 N N 2 H J w Fax:913- 782 -6443 May 15 '97 22:31 P.01 • May 12,1997 City of Newport Beach David E. Niederhaus General Services Director. P.O. Box 1768 Newport Beach, CA 92658.8915 Anna Lindquist 701 '/: Marguerite Ave. Corona del Mar, CA 92625 Dear Mr. Niederhaus: I am writing.this letter to appeal a decision by John Conway, Urban Forester, not to take down the trees in front of my house. I would like to be included on a future Commission agenda, so I may state my case against the trees in front of my louse. While they are beautiK these trees are causing damage to my car parked under them and have destroyed the docks in my house. The sap from the trees is on the bottoms of all my • shoes, on my wood floors and on the floor boards of my cars. In addition to an of this, my decks have been stained to the point that some corners arc black with sap. During the months of June through November, the sap is so thick that it makes the sidewalk slick. Along with the millions of atoms and leaves it drops. it makes for a potentially bad situation. I had ona person slip and twist an ankle. I will not be liable for that! I would very much like these filthy trees removed not only because I cannot use my decks, but also because I will not be held responsible for someone slipping on the side walk. Please allow me to state my case, and help me reclaim my docks so I may enjoy a# of my house. V� 1 may be reached at 714 - 668.9065 during the day or 714.640 -5926 in the evening or on weekends. I look forward to the opportunity to speak with you about this matter. Sincerely, .r AtmaLmdgwst �_._ ._ . Resident. CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT Name: Ms. Anna Lindquist Address: 7011/2 Marguerite Avenue Phone Number: 640 -5926 Request: Tree removals per letter. Trees located on Fourth Avenue. Botanical Name: Eucalyptus globulus, tree sites #S -1 & S -2 Common Name: Blue gum Designated Street Tree: Eucalyptus citriodora (Lemon gum) Estimated Tree Value: 36" DBH -2 trees (1,017.9 ") 40% species value ($7,035.72 each x 2 = $14,071.44) • Damage: previously in • Parkway: Concrete-Brick-Turf X Other r� Comments: Permit Inspected by: Date: January 30, 1997 Recommendation: Retain both trees Reviewed by: Date: January 30, 1997 and • z W ma �w � N W C.) zW LL w OJ vw z w 0 • Q CD 7 m L N r 0 n a l �( a Q IL IL w w W Nt Nt fn j r � tt L r .. ea a Z O o cq i. 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N I� �.. xltl w " pY AY lxd YS tl 3 0 AY Y n A91q cr < O � a v• 1 W I I! r` • • �1 Agenda Item No. 11 June 3, 1997 To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Tree Removal Appeal 1426 Outrigger Drive Recommendation To retain two Carrot Wood trees at 1426 Outrigger Drive. Discussion Ms. Mickie Hezlep submitted the attached letter requesting the removal of the two Carrot Wood trees adjacent to her residence. The Urban Forester completed the attached Tree Inspection Report and identified the trees as healthy specimens that should be retained. The trees are each valued at $390.80 per the attached tree appraisal report and are not causing significant private or public property damage. The Park and Trees Superintendent concurred with the report. Ms. Hezlep has received a copy of this report and a notice of the June 3 Commission meeting. Very respectfully, David E. Niederhaus DEN/MGL/pw Attachments . Mickie and Bruce Hezlep 1426 Outrigger Drive Corona del Mar, CA 92625 April 30, 1997 Mr. David E. Niederhaus, Director General Services Department Post Office Box 1768 Newport Beach, California 92658 -8915 Dear Mr. Niederhaus: RECEIVED MAY 0 21997 GS PARKS/TREES I received a letter on April 11th from John Conway regarding the trees obscuring my view in Harbor View Hills South. He recommended the retention of these trees according to the current G -1 Policy. This is my appeal to that decision. I received a copy of the Policy in which it states, "When the 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 the removal." I know for a fact that the City removed the very same problem trees on the very same street (Outrigger) for at ►east two of my neighbors (Patterson and Houssels) at the City's expense. In fact, I know that more trees were removed from the community, but I do not have the exact locations. I have been told that I cannot have these trees removed, even at MY expense. This discrepancy is most disturbing, especially because these trees were not an issue when I purchased the property at a huge premium because of the view. • Why are the trees removed for some people and not others? My gates were designed to specifically protect my view because the city trees were so small at the time, they were not a factor. Again, I am most disturbed by the fact that the City removed and replaced these exact trees for my neighbors, and will not even allow me to do the same thing at my own expense. Damage to property comes in many ways, including damage to property values. In addition, my'landscape architect has told me it is a matter of time before the root system of these trees will push up the adjoining concrete sidewalks. I also have had a consultation with another landscape architect, Jon Madison, who has a Ph.D. from Cornell University; and he has agreed that sidewalk damage is imminent. Why do we •Mr. David E. Niederhaus.' April 30, 1997 . page two • aq have to wait UNTIL there is damage, and then pay for sidewalk repair? He also wondered why this choice of tree was made when it is a known fact that their roots cause concrete damage, plus their growth is completely inappropriate for a view community. I hope this appeal will be taken into serious consideration. I also would be grateful for an explanation as to why my neighbors had this same problem rectified while I am, getting no cooperation. Sincerely, Mickie Hezlep 0 • I 1 10 0 CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT Name: Ms. Mickie Hezlep Address: 1426 -Outrigger Drive Phone Number: 760 -3874 Request: Tree removals per letter Botanical Name: Cupaniopsis anacardioides, tree sites #1 &# 2 Common Name: Carrot Wood tree Designated Street Tree: Magnolia grandiflora 'Little Gem' (Little Gem Magnolia) Estimated Tree Value: 6" DBH -2 trees (28.27") 80% species value $390.80 each x 2 = $781.60 Damage: Parkway: Concrete % Brick Turf Other Comments: A field Inspected by: Date: April 09,1997 Recommendation: Retain both trees Reviewed Date: Apri109, 1997 \J H W V M wa m w C W v ZW wN OJ vw z w 0 • Cpl 0 L m rn 0 ry N Z a J N a a a w W W 0 w J a r � � 4L%' 0 0 .a 29 o o o g 0'0) 00 J m z o Lo z0 0 c° co U z F W LL 00 co i- NN !A co v (� W N � N m u� N W z c> 0 N d N Y O m c� $D m c m o M o c C E U it N CL o- U U N w ..,, � SEE/ -1 MAP —�' VOq!/D(.jr'rOJ9r&HW/ 46611HOMMOD 7 i ,l nI N U4093 1 •M 111 n i a /gyp J `= s N o Aa m AV Yu/ wx v' MTIN `\ 1 0091 a Q a• �' a Y ad ...� r' `� e r, �' ` ♦ _ .- p r� \i 8 927 �b •� ,$g �` i\ ✓ /• �.° q{ �m ya�a � �� cqy �C ATE gRTy� i A a � ,�• � '39q�r• RI�, ,, q ,� 9y 7 r ,f,'A y 5 &1 R / r 1Q p0,° lq � �J 9y fJ. ,yr9l � y 9p 5 9 dra •Ak," �• 3� y i���'y ti•R' k` A : dF" � •3 ��r4{' .. � •� j O,y � 6a°O,4a'. S i \tnN /2 aP_uNtq $� i'�` O�v� g a �� � S� � Ar oa � A•Arr� n , .a rf ^r, Wf.•,81� 1023 .u„ <R ,, �'e.8, ` ,f,wa r °� xA m a C,/.ln op ii3tl 1 I�i^�.•.i.e� 121 rr`y 9ry, 1110 AM IN pr''^ �S //SUy,�w'4 ' � f1'' j "'•✓ nl 101 (7 � � � YYyln" M •• =aCi M {�terrn A r J� is o nzr, _ — w ..,, � SEE/ -1 MAP —�' VOq!/D(.jr'rOJ9r&HW/ 46611HOMMOD 7 i ,l nI N U4093 1 •M 111 n i a /gyp J `= s N • Agenda Item No. 12 June'3, 1997 To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Tree Removal Appeal at 1951 to 1961 Vista Del Oro Recommendation To remove the four eucalyptus ,parkway trees on Vista Del Oro per the attached diagram due to significant sidewalk, curb and gutter repairs and the possibility of tree failure due to extensive root loss as a result of root pruning that was done to accommodate the hardscape repairs. To retain one eucalyptus tree since there is minimal damage and there is no danger of tree failure. Discussion Mr. and Mrs. John H. Eversmeyer who reside at 1951 Vista Del Oro and Mr. and Mrs. Virgil Summer of 1953 Vista Del Oro sent the attached letter • requesting the City retain five trees on Vista del Oro. Specifically, they requested that 2 trees at the southeast corner of Vista del Oro and Vista Caudal, 1 tree at 1951 Vista del Oro adjacent to the Eversmeyer residence, and 2 trees at 1953 Vista del Oro adjacent to the Summer residence be retained. The Urban Forester, at the request of the General Services Department Field Maintenance Division inspected several trees, at the above locations, relative to scheduled concrete repairs. The attached Tree Inspection Report identified four trees that required removal due to the potential hazard of failure due to extensive hardscape repairs and root pruning. He identified 1 tree (per the attached diagram), second from the corner of Vista del Oro and Vista Caudal that could be retained due to minimal damage to the tree. The Park and Trees Superintendent concurred with the report. The Eversmeyers and the 'Summers have each received a copy of the report and a notice of the June 3 Commission meeting. Very respectfully, David E. Niederhaus DEN/MGL/pw Attachments [6) 0 • CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT Name US- (zV10j-* G"o Address 195-1 %i5� 6k 0" u ; Sfz�- C4,yip — Phone Number ti LA dd "" Re/quest Ae/J^� r✓ j2on. AJ j l�JG pro-Z fb Botanical Name �706, Li-f'A;oOaf, Common Name 1.ewy 01J q u m Designated Street Tree _ ScA;,kVL Estimated Tree Value 41 1�120 Damage 2±9e. ! AAc, e5 a7 %�1 LuA /cyu�fcJ nRpa Parkway: Concretise Brick Turf t� Other Comments 4 b4- r`as� 4-)arJ �A- An.uWe A fie. ✓?.J- kl^,'✓o 1�6 & ;Me,J wl'4 -P, -hwjk 4,Ssooz6 a4 zv,'A"Lc !�4 41411e� I""s 0NP j e As", R, Inspected by Date 7 - /0- 7-7 nn Recommendation /CQrsA^2, a'.�=E- ti0 �N t /d0 14 0% Reviewed by a?-j Date y-- N-q"] 06 -95 0 u 0 C ime Phone Reques CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT %S3—/R57 V ;sue A[ Otto /9s7 X ,vt t! .. 5, Botanical Name• CiFif✓t0n Common Names 9 u� Designated Street Tree $CkrruS Estimated Tree Value #73,-o Damage ( 4e bjAas fdc /0 W 5;A-u. 't 4/ 67 AW,44 Parkway: //Concrete Brick__ Turf /' Other_ Comments (,l e1Y>`— LJ o.J A4eAIk,;Je,A�La !A'92 5 lore, '/z occuh- a-�— 01 id,,,6 M1 S,, Art4-�,✓a %Nq w.l( G,e 2C%^r; -e fo accoMOJaFe- /L? ^5. Mt- /pis. $uM.�s�G'f�- Gf43�a� /y S3 (/i -r, �&A 0" a,+L aQ/uske-�-4o 1'� iie u�o u -c..Q_ Inspected by Date n`� �� 9 -7 Recommendation 4/.a5 4 1I No A. 5m 6M Reviewed Z �'�a - ca�C�. nc,a —t 06 -95 I 0 • CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT Phone Number. PL6 Botanical Name Crka�yn �r15 C'4x 0A,", Common Name �2rH4nl QUA1 Designated Street Tree C✓r-LM1S Estimated Tree Value 01/ it 8Ard f Damage Parkway: �tConcrete Brick/ Turf ✓ Other / Comments _y..rrie Id- ",.is �0�1 •�(R- �C�2,""Jep - S�c.�M�nl &Lk5f -"o 5 FxRC + e w Fro c� f kzlY fife -�v �xw -�.i �uwe �'coiu /too -�- �,w,�:Ny, 7'�e. o=F%w 5/1R.�.;n�e•� u/�st' ac�j�cd /e. Inspected by Date f% 7' /J' Recommendation nn f`e "lam- fz4*¢5 AoOlt4 X)Lg0o i4/,4,'0 �n2 Reviewed by ` :�3 /Qo•..� *0-4"tP2. Date I 06 -95 JOHN H. EVERSMEYER Attorney at Law 2503 Eastbluff Drive Suite 206C Newport Beach, CA 92660 • (714) 644 -5441 May 9,. 1997 Mr. David Niederhaus General Services Director City of Newport Beach. 3300 Newport Blvd. Newport Beach, CA. 92658 -8915 RE: Eucalyptus Trees at 1951 -1961 Vista Del Oro Dear Mr. Niederhaus: We have had several telephonic conferences with your your Mr. John Conway. He was very helpful in addressing our concerns regarding the contemplated removal of the. above sidewalk trees. He suggested that we communicate with -you via letter .in order for the proper persons to hear our concerns. As we understand it, -these magnificent trees are to be removed /sacrificed solely because they ,are causing some movement in the sidewalk next to them. • Apparently, it would be entirely reasonable and proper to :cut away a minor bit of root structure, pour a couple of squares of cement, and the trees could be saved. Such surgery apparently would not cause serious harm to the root structures. • My wife and I have enjoyed those trees for more than 14 years and we would miss them greatly. So would, I believe, many, many other bluff's residents who walk, drive, and cycle by them on their daily trips up and down Vista Del Doro. Please let us know what we can do to prevent the destruction of these trees. Thank you. ,61 VIRGIL SUMMER 0 E 0 tu� � M J J N d a �- a W 0 � o d 0 SE Q) K 0 IE z d FIE T i COPYRIGHT 1996 `lfBJM026 1 aM 0 1) �Z— •a •.'_�I A 9 9 � �. 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