Loading...
HomeMy WebLinkAbout04/06/1999 - PB&R CommissionCOMMISSION Minutes April 6, 1999 CITY OF NEWPORT BEACH . Parks, Beaches & Recreation Commission Regular Meeting April 6, 1999 — 7pm CONVENED AT 7:02nm 1. ROLL CALL Present: Beek, Franklin, Glasgow, Pfaff (arrived at 7:09pm), Sinclair (arrived at 7:10pm) Skoro, Tobin Staff Present: LaDonna Kienitz, Community Services Director David Niederhaus, General Services Director Steve Hunt, Senior Recreation Manager Teri Craig, Executive Secretary 11. APPROVAL OF MINUTES Motion by Commissioner Glasgow to approve the minutes of the study session of February 23, 1999 and the regular meeting of March 2, 1999. Without objection motion carried by acclamation. III. PUBLIC COMMENTS • Jan Vandersloot, 2221 E. 16'^ Street, distributed pictures of the tree planting at Castaways Park by students. Robert Wynn, 1117 Port Abbey Place, stated that he was representing himself and would like to suggest the name of Ford Park for the untitled Bonita Canyon Park. His stated his suggestions were based on the parks proximity to Ford Road and Jamboree; that Ford had been a pioneer for that particular area; that they have donated money to the City and schools for many years; and that Ford has been a good neighbor to the City. Mr. Wynn urged the Commission to agree on the name of Ford Park. Chair Beek asked Mr. Wynn if he was aware of the Park Naming Committee. He stated he was and would be talking to the committee at their next meeting. Chair Beek stated that a request had been made to take Item 11 out of order. Hearing no objection, the Commissioner moved to Discussion Item 11. V. DISCUSSION ITEMS 11. Newport Theater Arts Center — Senior Recreation Manager Hunt presented the recommendation of the Community Serviices Department to replace six lemon gum trees with six rhaphiolepsis trees at NTAC. He stated that the funds for the remodelling of the theatre were from a City and private sources. He stated that the Friends of the Newport Theatre had raised' $90,000 for the • renovation along with City support of $68,000, and that the schedule had been rearranged to accomplish the remodelling. Director Niederhaus stated that the replacement trees would in a 24" box at different locations and that the mature height would be 12 feet and should not be a view impediment. • • Parks, Beaches & Recreation Commission Regular Meeting April 6, 1999 Page 2 Chair Beek opened the public hearing Jerry Nininger, Friends of the Theatre, stated that the main reasons for the remodel was the lack of an inside staircase, that the actors were forced to use the outside staircase to get back stage. He also stated that an added benefit of the remodel would be inside storage and that the steel storage bin outside in parking lot would be removed. He stated that the theatre wants to be good neighbors and urged the Commission to keep the project on track. Jeff Klein, 2 Park Place and 3 Park Place stated that he believes his view from his property would be the most affected with the new placement of the trees. He stated that he does not have a strong opposition to the remodel construction, but strongly believes that the replacement trees should be planted elsewhere. Barbara Turria, 1 Park Place, stated that the replacement trees would also block her view, and suggested that the replacement trees be planted at the lower level of the hill. Royke Turria, 1 Park Place, stated that he loves trees but not where they will be relocated. He urged to Commission to reconsider the placement. Christine Carr, 2712 Cliff Drive, recommended that the whole plan be looked at again and suggested using more glass in the remodel. Jan Vandersloot, 2221 E. 16'h, questioned the justification for removing these trees. He stated that he did not believe that the Council had approved a beautification plan for this project as stated in the staff report. He stated in accordance with the City G -1 Policy that these trees cannot be removed. Elaine Linhoff, 1760 E. Ocean Boulevard; questioned the statement in 'the staff report regarding scenic trees. She believes that it is a misstatement and that the plans should be redone with the trees in place. Chair Beek closed the public hearing Commissioner Glasgow asked Director Niederhaus to place 12 -foot view poles for the homeowners in the trees location. He also stated that staff needs to homework on the City Council approval of the beautification plan project concept. Patty Temple, Planning Director, stated that 2 staff members were sent to evaluate the site and to take pictures of the theatre. She prefaced her comments by stating that that when staff evaluates view planes for a public building it is from the streets and sidewalks and that reasonable• accommodation is made to the homeowners private view. She stated 'that this project may degrade some of the view of the homeowners on Park Place, but that the public view would not be impaired. Ms Temple also stated that the statement regarding scenic trees, was made after consulting with a City of Claremont arborist and was given a series of guidelines on what constitutes a scenic tree. She stated that with these guidelines these trees do not rise to the level of what a scenic tree is. • • Parks, Beaches & Recreation Commission Regular Meeting April 6,1999 Page 3 Lloyd Dalton, Design Engineer, Public Works Department, stated that project will extend the NTAC building 15 feet towards the bay will have 2 stories. He also stated that time is an issue as they are looking at a 90 -day construction period and hope to begin the theatre season in the fall. Motion by Commissioner Skoro that request for the removal of the 6 trees at the Newport Theatre Arts Center be tabled for 30 days to give staff time to meet with the property owners and to research on the issue of a City Council approved beautification plan; if it is found that that has not been addressed, then a request should be forwarded to City Council for approval before the next Parks, Beaches and Recreation Commission meeting. Without objection the motion carried by acclamation. IV. CONSENT CALENDAR 1. Removed at the request of Commissioner Skoro 2. Park and Tree Division - Received and filed. 3. Recreation Services — Received and filed. 4. Senior Services — Received and filed: 5. Tree Donation — Accept donation of 200 Queen Palms from John Westrem. 6. Tree Donation — Accept donation of one California Live Oak tree from'SPON for Castaways Park. 7. Tree Donation — Accept donation of one Firewheel tree from Newport-Irvine Rotary Club for Bayside Park. 8'. Removed at the request of Commissioner Skoro 9. Change of Designated Parkway Street Tree — Approve request for change of designated parkway street tree on Milford Drive from Rusty Leaf to Australian Willow. 10.. Removed at the request of a member of the public Motion by Commissioner Glasgow to approve the Consent Calendar, except for those items removed (2, 3, 4, 5, 6, 7, and 9). Without objection, the motion carried by acclamation. Items removed from Consent Calendar Correspondence — Commissioner Skoro questioned why the Commission was receiving letters regarding ''lights at Mariners Park. He questioned staff if a letter had been received requesting additional lights. Manager Hunt stated that no request had been made. Commissioner Skoro stated that the letter from Ed Benson needed a response regarding benches and /or gazebos for Castaways Park. n LJ L_J L. Parks, Beaches & Recreation Commission Regular Meeting April 6, 1999 Page 4 Director Niederhaus stated that he has had .many conversations with Mr. Benson and has encouraged the Dover Shores Homeowners Association to donate benches. He stated that he does have some possible pending donations. Director Niederhaus stated that a gazebo would probably cause a view impediment. He stated that staff would look at the pending donations and bring it back to Commission at a later time. The following correspondence was received and acknowledged: Raymond Eldridge, Jasmine Park HOA, March 5, 1999 Lee Gilliand & Dona Colambero, March 11, 1999 Cindy & Gene Clark, March 14, 1999 Marcia Norlund, March 15, 1999 Michael & Elizabeth Kirchner, March 16, 1999 Ralph Bernard, BPPA, March 19, 1999 Re: Mariners Park Elizabeth Parker, NH Baseball Assn, March 5, 1999 William Schulte, March 9, 1999 Gary March, March 10, 1999 Bill & Robin Lanting, March 10, 1999 Terri Lawson, March 11, 1999 Karen Keehan, March 12, 1999 Frederic Albert, March 16, 1999 Rick & Lucy Rawlins, March 16, 1999 Ky Nguyen, March 16, 1999 Cindy & Steve Harris, March 16, 1999 Mike Gordon, March 16, 1999 Eric & Deborah Keilier, March 17, 1999 Patty Nesbit; March 16, 1999 Cathy Kinney, March 26, 1999 Thomas & Anne Johnson, March 12, 1999 Andrew Couch, March 12, 1999 Douglas Prichard, March 12, 1999 Bob & Dona Nichols, March 16, 1999 Lance & Nancy Gilbertson, March 17, 1999 William & Barbara Wolfe, March 17, 1999 David & Geraldine Beegan, March 18, 1999 Elder Family, March 25, 1999 Gretchen Franklin, March 25, 1999 Willard Brown, March 25, 1999 Steven.Harmes & Dana Sumner, March 25, 1999 John Crites, March 26, 1999 Re: Lincoln Athletic Center Charles Gross, February 21, 1999 Eric Thomas, March 27, 1999 Re: Bonita Canyon Park Maryanne Weber, March 5, 1999 Mike Wade, March 10, 1999 Re: Castaways Park Ed Benson, Dover Shores Cmty Assn, March 5, 1999 The following correspondence from Nancy Green, March 31, 1999; Jeff & Janet Winter, April 1, 1999; John & Edwina Crites, March 28, 1999,; Elizabeth Parker, received April 2, 1999; John Bowen, March 29, 1999; and Jack Flowers, March 30, 1999 were added and also acknowledged. Commissioner Glasgow stated that numerous complaints have been received regarding Castaways Park and several have commented that it needs to be a more user friendly park. He directed staff to actively pursue getting benches. Chair Beek asked Director Nei'derhaus to respond in writing to Mr. Benson and ask him to pursue private donations for benches. Director Niederhaus stated that he has two possible pending donations, but has been told that the City Council had decreed that no benches would be placed in Castaways Park. He stated that the City Clerk has found no mention of any Council action on prohibiting benches in the Park in the Council minutes. Jan Vandersloot, 2221 E. 16th, stated that he has been involved with the development of Castaways Park for 10 years. He stated that it seems to be a favorite place for people to walk their dogs. He also noted that the money spent by the City was for asphalt and not for the naturalness of the park. Mr. Vandersloot stated that he knows for a fact that Councilmember Glover does not want anything up there, including benches. Christine Carr, 2712 Cliff Drive, stated that Castaways Park is conducive to thinking. Parks, Beaches & Recreation Commission Regular Meeting April 6, 1999 • Page 5 8. Tree Reforestation — Director Neiderhaus stated that the proposed reforestation is necessary because of continued hardscape damage, and an impending failure in the sewer, which could cause major problems if the sewage entered the Buck Gulley drainage area. Jan Vandersloot stated that there has been some strong community opposition, one of the concerns is that it was not noticed to the public. He asked that this issue be deferred until better public notice is done. He also stated that claiming future sewer problems cannot be used as a reason for the reforestation. He stated if there are sewer problems, then the sewer system should be cleaned out. Mr. Vandersloot stated that he does not believe that the Hong Kong Orchid tree will work and suggested that the current reforestation have time to succeed before the next phase. Director Niederhaus noted that before the Corona del Mar reforestation project was undertaken, the various associations were noticed as well as the Corona del Mar Chamber of Commerce and the Business Improvement District. The neighborhood will be noticed in a normal manner when the Department moves forward to reforest. He noted that it would be impossible to prune the roots surrounding or inside the sewer line. Doug Cambell, 2901 Ebbtide Road, representing the Harbor View Homeowners Association stated that they fully support the removal of the ficus trees and have conveyed 100% support for the reforestation to move forward. • Ken Russo stated that he believes that the Hong Kong Orchid tree is not of an adequate size, but does support the removal of the ficus trees. Director Niederhaus stated that there will be an article in the Orange County Register neighborhood paper The Light addressing this issue. He further noted that a 24" box specimen is the largest tree that can be put in the parkway, and that the price triples for anything larger. The Hong Kong Orchid tree will bud and produce leaves and should be an attractive tree over the next several years. Motion by Commissioner Sinclair to approve request by the Public Works Department to reforest 6 City Parkway street Ficus Nitida trees as part of the sewer replacement project on East Coast Highway in Corona del Mar. Motion carried by acclamation. 10. Change of Designated Parkway Street Tree — Director Niederhaus noted that correspondence had been received from Mr. Flowers confirming that he would be financially responsible for any hardscape damage that the newly planted Norfolk Island Pine tree cause. Commissioner Tobin asked if Mr. Flowers was responsible for illegally removing trees. Director Niederhaus confirmed the illegal tree removals by Mr. Flowers. He stated that the matter was thought to be resolved through a compromise wherein Mr. Flowers would pay for the value of the removed trees and provide a petition for changing the designated street tree and would be financially responsible for any future hardscape damage. Ralph Bernard, Peninsula Point Association President, stated that the Association has done a remarkable job in beautifying the area. He asked for clarification as to whether there could be an . alternate tree for this street in addition,to the already designated street tree. Chair Beek stated that there is no alternate tree approval. Only one tree can be designated per street as the official designated street tree. • Parks, Beaches & Recreation Commission Regular Meeting April 6, 1999 Page 6 Mr. Bernard stated the problem then is that he was not in favor of having the Norfolk Island Pine tree as the designated street tree for that street. Jan Vandersloot, 2221 E. 16'h, questioned the entire process, stating the Mr. Flowers had illegally removed the three City street trees, but because he could afford the financial penalty, he just went ahead and removed them. Chair Beek closed the public hearing Commissioner Franklin stated a much heavier penalty for illegally removing trees should be imposed, and that the Commission, should go on record recommending this. Motion by Commissioner Pfaff to approve request for change of designated parkway street tree on Seranno Avenue from Magnolia to Norfolk Island Pine. Motion seconded by Commissioner Sinclair. Substitute motion by Chair Beek, to disapprove the request of the homeowner to change the designated parkway street from Magnolia to Norfolk Island Pine and uphold the City G -1 policy. Motion seconded by Commissioner Tobin. Motion carried by the following vote: • Ayes: Beek, Glasgow, Franklin, Sinclair, Skoro, Tobin Nays: Pfaff V. DISCUSSION ITEMS (CONTINUED) 12. Environmental Nature Center (ENC) Proposal — Director Niederhaus stated the City would provide a meeting area and staff assistance for the proposed informal landscaping committee. He stated that the committee could include Commissioners, residents, representatives from the Tree of Life Company and possibly local members of the Native Plant Society. Commissioner Glasgow stated he would like to see local homeowners represented in this committee. Director Niederhaus stated that there are three adjacent homeowner associations that could be approached about participation. Chair Beek opened the public hearing Bo Glover, Executive Director of the Environmental Nature Center, stated that he has acted as an advisor to other cities regarding native and natural park landscaping, and offered his services. Director Vandersloot, stated he believes that the thrust of this would be that the ENC would . manage the committee. He urged that the Commission approve the proposal. Director Niederhaus stated staff would act as a liaison to the group and provide meeting space. • Parks, Beaches & Recreation Commission Regular Meeting April 6, 1999 Page 7 Chair Beek stated that the $3,000 from ENC does not give them any more say in the park landscaping. Chair Beek closed the public hearing Commissioner Tobin stated the committee should be more formal and establish goals and objectives. Director Niederhaus stated the staff would return with a more formal plan if proposal is approved. Motion by Commissioner Tobin to approve the proposal from the Environmental Nature Center in concept to form an informal group to provide advice for the re- vegetation of various sections of Castaways Park and ask staff to return with a more formal plan. 13. Tree Removal Appeal — Director Niederhaus stated the removal request does not meet recurring hardscape damage criteria of Council Policy G -1. The homeowner repaired the minor irrigation damage. Chair Beek opened the public hearing • Jan Vandersloot urged the Commission approve the staff recommendation. Chair Beek closed the public hearing Motion by Commissioner Skoro to deny removal appeal request of one Brazilian Pepper parkway street tree at 1516 Cumberland Lane. Motion carried by acclamation. 14. Tree Removal Appeal — Director Niederhaus stated that this was an unusual appeal in that the ficus is quite large, but is not causing any hardscape damage. He stated that it is unusual for the homeowner association to want to pay for the removal. He stated that there is no history to public or private facilities. Director Niederhaus also stated that this tree has been excessively trimmed and has a large trunk. The replacement tree would have to be a 24" Chinese Fringe Tree. He also stated that he could not locate a encroachment permit for the tree removal. Chair Beek opened the public hearing Bruce Miller, 1516 Cumberland, stated that he does have building plans approved by the Planning Department. He stated that this tree has caused years of damage and is why the association is willing to pay for its removal. Mr. Miller stated that the sidewalk has been repaired andr noted that both neighboring residents have removed similar ficus trees from their parkway. • Director Niederhaus stated that he would recommend that the tree not be removed until the construction plan is completed and staff can evaluate. Ir -I LJ • 11 Parks, Beaches & Recreation Commission Regular Meeting April 6, 1999 Page 8 Doug Campbell, President, Harbor View Hills Homeowners Association recommended that the tree be removed because of continued hardscape damage, and that ficus trees are a nightmare to the Association. Jan Vandersloot, 2221 E. 16'h Street, reviewed the G -1 policy criteria for removal and stated that this request does not believe that this meets the standards for removal. He urged that the tree remain. Chair Beek closed the public hearing Commissioner Franklin agreed that the tree request does not meet the Council G -1 policy for removal. Director Niederhaus stated that there must be a reason why the City has asked the homeowner to replace the sewer lateral. He stated that possibly the Commission should postpone this until the homeowner has time to provide further documentation. Motion by Commissioner Glasgow to approve request to remove one Indian laurel Fig ( ficus) parkway street tree at 2821 Setting Sun Drive with a 24" boxed tree at homeowner or association expense. Motion carried by the following vote: Ayes: Beek, Glasgow, Pfaff, Sinclair, Skoro, Tobin Nays: Franklin 15. Tree Removal Appeal — Director Niederhaus stated the request for removal is based on the proximity of the tree to driveway. But the reason that there is not a 10 -foot approach is because the driveway was extended to accommodate a 3 -car garage. The tree is less than 12- inches from the approach, and stated that it would'be better if it was farther away. Chair Beek opened the public hearing Tom Morris, 1742 Port Manleigh, stated that he did discuss tree removal with John Conway. He stated that he has a petition from the adjacent homeowners recommending approval of the tree. He also stated that he did have to replace the sewer lateral and the tree is only 11 Y2 inches away from the driveway approach. Director Niederhaus stated that if General Services had known of the extensive root pruning by the private contractor, staff would have required that barriers be placed. He requested that staff have time to research the encroachment permit. Commissioner Glasgow stated that the G -1 policy is when a tree is removed it is always replaced at some location Jan Vandersloot, 2221 E. 16'h Street, stated that this removal request does not fall within the Council G -1 policy. He recommended that the Commission follow staff recommendation. Director Niederhaus stated that the tree is stable and healthy, and recommended that the City put in a root barrier. He also noted that that he would like to see the encroachment permit and give the homeowner time to find his documents. Parks, Beaches & Recreation Commission Regular Meeting April 6, 1999 • Page 9 Chair Beek closed the public hearing Motion by Commissioner Skoro to continue item for 30 days to give staff time to investigate the matter; if it is found that the encroachment permit stated that the tree be removed then the tree should be removed; if not then the homeowner should apply for another encroachment permit. Motion carried by acclamation. 16. Tree Removal Appeal — Director Niederhaus stated the tree in question would be trimmed within the next 90 days. Chair Beek onened the public hearing Lisa Adam, 321 Poinsettia, stated that the eucalyptus tree should be removed, as it does not conform with the other trees. She stated that there has been hardscape and sewer damage. She also noted that the sprinklers had to be repaired along with the bricks in front of her house. Ms. Adam stated that she would replace the tree with a 24" Magnolia at her expense. Director Niederhaus stated that the only hardscape damage on record is from 1998. Jan Vandersloot, 2221 E. 16`h Street urged that the Commission deny the removal request. • Chair Beek closed the public hearing Motion by Commissioner Skoro to deny removal appeal request of one Red Ironbark parkway street tree at 321 Poinsettia Avenue. Motion carried by the following vote: Ayes: Beek, Glasgow, Franklin, Pfaff, Sinclair, Skoro Nays: Tobin 17. Subcommittee Reports • Liaison Committee - No meeting. • Open Space Committee - No new information. • Budget — Commissioner Skoro stated that they had met with the Acting City Manager, and noted that the meeting went very well. • Liaison with Oasis - Commissioner Tobin asked staff whether the parking lot lights at Oasis were approved as a CIP project. Director Kienitz stated that it was not approved. • Naming of Parks - Commissioner Glasgow stated that the committee had met and come up with several names. He stated that a target date should to be established. Chair Beek asked staff to do a press release requesting name suggestions from the public. • Community Services Award - No new information. • Skateboard — Commissioner Franklin stated that a public hearing had been held, and believes that there is a need for a skateboard park. • VI. Future Agenda Items Castaways Park Benches Capital Improvement Projects More appropriate fines for illegal removal of trees Parks, Beaches & Recreation Commission Regular Meeting April 6, 1999 • Page 10 VII. ADJOURNMENT- 10:03pm SUBMITTED,BY: C✓� C C/i TERI CRAIG, COMMUNITY StRvi@E5 EXECUTIVE SECRETARY • r1 L_J