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HomeMy WebLinkAbout11/04/1997 - PB&R Commission1 : ; 1 COMMISSION Minutes November 4,1997 Item II 1.- 1 CITY OF NEWPORT BEACH Parks, Beaches and Recreation Commission Regular Meeting November 4, 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 John Conway, Urban Forester Steve Hunt, Senior Recreation Manager Dottie Flohr, Secretary ORDER AND ROLL CALL The Parks, Beaches and Recreation Commission was called to order at 7:00 P.M. Roll call was taken. Commissioners Beek, Dunn, Glasgow, Pfaff, Schonlau and Skoro were present. Commissioner Phillips was absent. APPROVAL OF MINUTES Commissioner Dunn requested that under Item #8, Possible Alternative Uses for Marinapark and Las, Arenas Park, the last sentence in Mary Moyer's public testimony read... "the Girl Scouts cannot compete on the dollar basis." In response to an inquiry from Commissioner Dunn, Commissioner Skoro clarified his motion under Item #8 that the area includes the entire property with the exclusion of the American Legion. Commissioner Glasgow moved the minutes of the October 7, 1997 meeting be approved as corrected. The motion carried by the following vote: Ayes: Beek, Dunn, Glasgow, Pfaff, Schonlau, Skoro III. PUBLIC COMMENTS — None IV. CONSENT CALENDAR Item #1 — Removed from Consent Calendar Item #2 — Removed from ,Consent Calendar Item #3 — Tree Donations Accept the donation of two Eldarica Pine trees and plaques from Mrs. Frank S. Tallman that will be planted at Mariners Park. Parks, Beaches and Recreation Commission November4, 1997 Page 2 i Item #4 — Tree Donations Accept the donation of two Coconut Palm trees from'Ralph J. Velez that will be planted at the Balboa Branch Library. Item #5 — Bench Donation Accept one bench donation from Betty Bottorf that will be installed at the lower observation area of Inspiration Point. Item #6 — Removed from Consent Calendar ITEMS REMOVED FROM CONSENT CALENDAR Item #1 — Park and Tree Division Dr. Jan Vandersloot, 2221 — 16" Street, addressed the Commission as a representative of SPON. Dr. Vandersloot expressed his concern that a gradual deforestation will occur if trees are removed' and not replaced. He requested the City institute a policy whereby trees that are removed and cannot be replaced at the same location be planted at another location in the City. Director Niederhaus advised that all tree removals will be replaced on a one for one basis as part of the reforestation process. Trees that cannot be replaced due to the requirements of the G -6 Policy will be planted at other sites, namely parks. Item #2 — Recreation and Senior Services Steve Hunt introduced Andrea McGuire, the new Recreation Manager who started October 27. Andrea will be a great asset to the City with her diverse recreational background in both the private and public sectors. Director Kienitz reported the Commissioners will be receiving the quarterly California Park and Recreation Society magazine. Item #6 — Plant and Labor Donation for Cliff Drive Park In response to a question from Commissioner Glasgow, Director Niederhaus explained that SPON has donated funds and volunteers for the project. Commissioner Dunn moved to approve Items 1, 2 and 6. Motion carried by the following vote: Ayes: Beek, Dunn, Glasgow, Pfaff, Schonlau, Skoro V. DISCUSSION ITEMS f S Parks, Beaches and Recreation Commission November4, 1997 Pane 3 Item #7 — Recreation and Open Space Element Larry Lawrence, consultant for the project, addressed the Commission and introduced the first three maps and draft text of Chapter 4 of the Element. Chapter 4 is the Facilities Plan that describes plans for existing and future Recreation and Open Space. The text, as presented for Service Areas 1, 2 and 3, corresponds with the maps. In response to a question from Commissioner Dunn, Mr. Lawrence explained that the special language for that area was provided by the Planning Department and is a reflection of what is under consideration. The text and maps are reviewed by the Park and Open Space Committee and the Commission's input is requested. Commissioner Dunn stated he objects to Item 10 under Service Area 2, Balboa Peninsula, which refers to commercial facilities. He requested this be deleted. Item #8 — Potential Annexations Director Kienitz presented a status report from Peggy Ducey, Assistant to the City Manager, on the parks in the proposed annexation areas. Ms. Ducey will review the annexations with the Commission at their December meeting. Item #9 — Proposed Regional Plan for the Santa Ana River Ecological Reserve Evelyn Hart, representative from the Friends of the Harbors, Beaches and Parks, addressed the Commission and explained their long range plan to create a multiple jurisdictional park and nature reserve centering on the mouth of the Santa Ana River. Bob Fisher, Executive Director of the Friends of Harbors, Beaches and Parks, addressed the Commission. Mr. Fisher gave an overview of their proposed plans for a major nature park that would encompass park and open space as an ecological staircase for a variety of habitats. Mr. Fisher then gave a slide presentation which showed the land as it exists and those areas which can be restored. The property is controlled by the Cities of Newport Beach, Huntington Beach and Costa Mesa, the County of Orange and Cal Trans. The Friends have committed $2,500 and are asking each City for $5,000 in addition to $10,000 from the County to initiate the project and apply for state and federal funds. In response to a question from Commissioner Skoro, Mr. Fisher explained that there would be areas for picnic tables and trails. Parks, Beaches and Recreation Commission November4,1997 Following a brief discussion, Commissioner Skoro moved that the Commission approve in concept the plan as presented by the Friends of Harbors, Beaches and Parks, including their request for $5,000 to fund detailed planning which would be contingent upbn the other cities providing $5,000. Motion carried by the following vote: Ayes: Beek, Dunn, Glasgow, Pfaff, Schonlau, Skoro Commissioner Glasgow recommended the preliminary plans include playing fields if at all possible. Item #10 — Tree Removals Appeal Director Nied'erhaus reported that three Lemon Gum City parkway street trees were illegally removed by the resident at 1737 Antigua Way. Mr. Anderson was clearly notified in writing that the trees could not be removed. Staff recommends full restitution for the value of the trees in the amount of $9,344.88 and removal of the four Liquidambar trees which he subsequently planted. These trees would be replaced with a designated street tree. Dan Ohl, Deputy City Attorney, addressed the Commission and stated he met with the Urban Forester and Mr. Anderson but could not resolve the issue. Should litigation be pursued, he would recommend taking the matter to small claims courtwith a $5,000 maximum recovery. Robert Anderson, 1737 Antigua Way, addressed the Commission. Mr. Anderson stated the trees were 34 years old and were causing hardscape problems. His driveway had to be replaced and his walkway was cracked. He stated' that although he was denied permission for removal, his intent was not to vandalize but to replace the trees with Liquidambar as recommended by Sunset Western Garden book. He stated that, if necessary, he would replace these trees and requested the Commission deny staffs recommendation for reimbursement of $9,344. Ed Benson, President of Dover Shores Community Association, addressed the Commission and reported that some of the trees on Antigua are grotesque and that Mr. Anderson's replacement of the trees is a big improvement. He questioned how the $9,344 figure was determined. Director Niederhaus explained that a precise, objective formula is used encompassing height, width, girth, species, etc. Commissioner Glasgow commented that Mr. Anderson was advised of the appeal process and citizens should not be allowed to remove City parkway trees at their own discretion. I Parks, Beaches and Recreation Commission November4, 1987 Paae 5 l Jocelyn Gilbert, 1801 Antigua Circle, addressed the Commission and recommended the Commission be reasonable and fair in determining a penalty. She recommended Mr. Anderson be fined for only one tree. She pointed out that their neighborhood cleans up after themselves, which is why staff rarely sees damage caused by trees. She further requested that trees be planted' which are not prone to give allergy problems. Patricia Anderson, 1737 Antigua Way, addressed the Commission and stated the four Eucalyptus trees had caused severe damage to City and private property. Although the City removed one tree, the most severe damage was caused by the remaining three trees. They had to replace their driveway for $4,000 and their pebbled walkway has three cracks. Mrs. Anderson explained that when their request for removal was denied, it was their impression the City wasn't going to spend any more money. Virginia Herberts addressed the Commission and reported that Chapter 13 of the City Ordinance states that trees are not to be taken out without permission from the City Manager. Suzanne McBrign, 1812 Antigua Circle, addressed the Commission and asked how tall the trees are on Glenwood and Candlestick. Director Niederhaus advised they are 50 -65' tall. Ms. McBrign then stated that she feels it is too dangerous for tree trimmers to trim at this height, particularly for trees that should be removed for sidewalk damage. She also questioned the black asphalt which Director Niederhaus advised are temporary- patches until the sidewalk can be replaced. Responding to the comment on the Eucalyptus trees, Director Niederhaus explained that these are on the protected species list. Dr. Jan Vandersloot, 2221 E. 16th Street, addressed the Commission and referred to the Urban Forester's letter to Mr. Anderson which clearly states his recourse in the matter. Dr. Vandersloot stressed the need for law and order and stated he cannot condone Mr. Anderson's actions. He also, pointed out that the lowest value of the trees was chosen, rather than the $13,000 figure. He recommended the Commission approve staff's recommendation. 'Holly Anderson, Mr. Anderson's daughter, addressed the Commission and stated her child cannot play in their grandparents front yard due to damage. She said her father tried to follow direction and replaced the trees. He will replace them again with the City's recommendation. There being no further public testimony, Chair Schonlau closed the meeting to public hearing. ■1 Parks, Beaches and Recreation Commission November4, 1997 Paae 6 Chair Schonlau pointed out it is the Commission's responsibility to administer policies and uphold respect for the law. During discussion the Commission agreed that letters sent denying removal should be reworded and that residents should be fined for illegal tree removals. In response to a question from Commissioner Dunn, Dan Ohl advised this is a civil matter concerning the value of property and that this Commission's decision would set a policy statement in regard to future illegal tree removals. Director Niederhaus stated staff would recommend referring the matter to the City Attorney's office in order to pursue action in small claims court. Commissioner Glasgow moved that Mr. Anderson work with staff to reforest the majority of the 16 neighborhood homes that have no trees. The trees will be at Mr. Anderson's expense and will be 24" box trees with root barriers per City standards. If not complied within 90 days, the matter will be turned over to the City Attorney's office. Motion carried by the following vote: Ayes: Beek, Dunn, Glasgow, Pfaff, Schonlau, Skoro Item #11 —Tree Removal Appeal( ] Director Niederhaus reported that one City Brazilian Pepper,parkway street tree was illegally removed by the resident at 2406 Windward Lane. The tree cannot be replanted at the same site due to a water meter located less than 2' from the tree stump. There are six vacant tree sites on Windward Lane and Mr. Muto has indicated his interest in replacing some of the trees on his street. Chair Schonlau opened the meeting to public hearing. Charles Muto, 2406 Windward Lane, addressed the Commission and explained his reasons for removing the tree, namely,that the root system has raised the sidewalk and poses a threat to his water meter in addition to causing damage to his drainage system. He stated he assumed one tree was his because he paid for it. He also reported he attempted to contact the Urban Forester during a three month period. Hearing no response, he decided to take the tree out that was causing the damage. Dr. Jan Vandersloot addressed the Commission and stated the major problem is the letter to the homeowner recommending retention of the tree and the appeal process. The letter needs to state that trees cannot be removed and there is a penalty for unauthorized removals. He recommended policies be set and standards enforced. I Parks, Beaches and Recreation Commission November 4,1997 i Pace 7 i There being no further public testimony, Chair Schonlau closed the meeting to public hearing. Commissioner Beek stated that based upon the series of events, she felt staff's response to Mr. Muto's request was timely. Following a brief discussion, Commissioner Dunn moved that staff contact five homeowners within the immediate .vicinity for the purpose of planting, at Mr. Muto's expense, a minimum of three 24" box trees with root barriers within 90 days or the matter be referred to the City Attorney's office. Motion carried by the following vote: Ayes: Beek, Dunn, Glasgow, Pfaff, Schonlau, Skoro Commissioner Glasgow recommended the letter sent to homeowners be revised so it is more explicit. Item #12 — Application for Listing of the Property, at 700 E. Bay Avenue and 701 Edgewater in the City's Register of Historical Property Chair Schonlau announced that Item #12 has been postponed to the December meeting in accordance with the request of the applicant. I ) Item #13 —Marian Bergeson Aquatic Center Steve Hunt reviewed the background of the Marian Bergeson Aquatic Center and asked the Commission to revisit the current regulations. Chair Schonlau opened the meeting to public hearing. R. H. Babbe, President of the Eastbluff Homeowners Community Association, addressed the Commission. Mr. Babbe objected to the six days of whistles and shouting during water polo events and requested shorter hours and a limit of three consecutive days for such events. Commissioner Glasgow gave a brief background on the facility which he noted was built by and for the community. He pointed out that the main problem is during the summer and that such events normally only occur every 5 or 6 years. He recommended adjusting the schedule and including a statement on flyers that no parking is allowed in residential areas. Don Slaughter addressed the Commission and stated their only complaint is in regard to the incessant noise from water polo. He recommended events be no longer than three days and that signage be posted' on flyers regarding parking. Parks, Beaches and Recreation Commission November4, 1997 Paae 8 Dick Wagner addressed the Commission and stated that noise devalues homes in the immediate area and is very annoying. He recommended water polo events end at 5:00 P.M. Following a discussion regarding flexibility for special events, noise control and the homeowners concerns, Commissioner Glasgow moved that parking be restricted to the school site and kept to a minimum in residential areas; that there be a limit of three consecutive days for any event; and that there be a review process by this Commission. Steve Hunt advised that staff will consult with the Traffic Division regarding the residential parking issue. Commissioner Dunn made a substitute motion to form a committee to review improvements to the operational procedures for water polo. Motion fails by the following vote: Ayes: Dunn, Skoro Noes: Beek, Glasgow, Pfaff Abstain: Schonlau The original motion was voted on and failed by the following vote: I Ayes: Beek, Glasgow, Schonlau Noes: Dunn, Pfaff, Skoro Commissioner Beek moved to postpone the matter to the December meeting. Motion carried by the following vote: Ayes: Beek, Dunn, Pfaff, Schonlau, Skoro Noes: Glasgow Item #14 Preliminary Request of FY 1998 -99 Capital Improvement Projects Director Niederhaus reported that staff met with the Budget Committee and formed the preliminary capital improvement project requests for FY 1998 -99. Input is requested and this item will be reviewed again at the Commission's December meeting. In response to a question from Commissioner Dunn, Director Niederhaus reported that restrooms were originally proposed for the West Jetty area in 1982 and 1988. Recently staff has been receiving more requests for a restroom facility in the area. Chair Schonlau opened the meeting to public hearing. �b Parks, Beaches and Recreation Commission November4, 1997 j Virginia Herberts presented a petition in opposition to a restroom in this area. She also stated the Board of the Balboa Peninsula Point Association is opposed to restrooms at the Wedge and West Jetty View Park. Mrs. Herberts then read a letter written in 1988 from the Association opposing the restrooms due to problems associated with security, vandalism, noise, parking, traffic and liability. Mary Moyer, 2157 Miramar Drive, addressed the Commission. Ms. Moyer, President of the Balboa Peninsula Point Association, stated the Association is opposed to a restroom for the same reasons outlined in their 1988 letter. Mary Ann Nethercutt, 2118 E. Ocean Boulevard, addressed the Commission and stated the Police Department is also opposed to a facility at the Wedge since it would be used for drug dealing. There being no further public testimony, Chair Schonlau closed the meeting to public hearing. In response to a question from Commissioner Glasgow, Director Niederhaus reported 'he has not heard an official opinion from the Police Department and Marine Division. Chair Schonlau requested Director Niederhaus contact the two chiefs for their recommendations. Commissioner Skoro pointed out that it will be necessary to obtain funding for street tree reforestation. Following discussion, Commissioner Dunn moved to approve the preliminary requests with the deletion of the West Jetty View Park Restrooms. Motion failed by the following vote: Ayes: Dunn Noes: Beek, Glasgow, Pfaff, Schonlau, Skoro VI. FUTURE AGENDA ITEMS VII. ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission adjourned at 11:00 P.M. The agenda for this meeting was posted October 28, 1997 at 12:05 P.M. on the City Hall Bulletin Board outside of the City of Newport Beach Administration Building.