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HomeMy WebLinkAbout8/7/2001 - Agenda PacketAUGUST 7, 2001 PB &R COMMISSION MEETING AGENDA ObRDER AND ROLL CALL APPROVAL OF MINUTES (Enclosed) • July 3, 2001 SEATING OF NEW COMMISSIONERS ELECTION OF OFFICERS CITY OF NEWPORT BEACH Parks, Beaches B: Recreation Commission Tuesday, August 7, 2001- 7pm City Council Chambers AGENDA PUBLIC COMMENTS Members of the public are invited to comment on non - agenda items of public interest. Speakers are limited to three minutes. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar (1 -5) 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 a specific item 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 three minutes on agenda items. 1. Correspondence (Item 1) To: Kathy Hamilton, July 9, 2001 Fm: Kathy Hamilton, June 27, 2001 �. Park and Tree Division (Item 2) Report of Park and Tree Division during July and upcoming projects in August. 3. Community Services (Item 3) Report of Recreation ft Senior Services during July and upcoming projects in August. 4. Bench Donation (Item 4) To accept a bench donation from Elizabeth Wright to be installed adjacent to the boardwalk at 8u' Street and W. Ocean Front. 5. Marian Bergeson Aquatic Center (item 5) Approval of fees. DISCUSSION ITEMS 6. Tree Removal (Item 6) Discussion /decision request by Barry Farber to remove one City Carob tree located at 521 Femleaf Avenue. 7. Tree Removal (Item 7) Discussion /decision request by Mike Mullen to remove one City Ficus parkway street tree located at 1612 Anita Lane. 8. Parkway Street Tree Redesignation (Item 8) Discussion/ decision of request to change parkway street tree designation on Holly Lane from the Cape Chestnut to the Maindenhair. 9. Commission Retreat/ Information Session Discussion of possible retreat of Commission and staff. 10. Committee Reports - • Budget • Recreation Q Open Space • Castaways • Recreation Activities • Park Development • Seniors FUTURE AGENDA ITEMS Matters which Commissioners may wish to place on a future agenda or raise for discussion. ADJOURNMENT I CITY OF NEWPORT BEACH • Parks, Beaches Et Recreation Commission Regular Meeting July 3, 2001- 7pm ROLL CALL Commissioners Present: Beek, Franklin, Macfarland, Pfaff, Skoro, Tobin Absent: Allen Staff Present: LaDonna Kienitz, Community Services Director /City Librarian (arrived at 7:48pm) David E. Niederhaus, General Services Director Andrea McGuire, Senior Recreation Manager Teri Craig, Administrative Assistant Approval of Minutes Motion by Commissioner Beek to approve the minutes of June 5, 2001. Motion carried by acclamation. Public Comments Jan Vandersloot, 2221 E. 16th Street, stated his appreciation to the General Services • Department for working with SPON regarding the trees on Clay Street, he noted that they had been trimmed appropriately and that he hoped that this could be a model for all future decisions regarding ficus trees. Consent Calendar 1. Item pulled by a member of the audience 2. Park and Tree Division 3. Item pulled by Chair Skoro 4. Item pulled by Chair Skoro 5. Item Dulled by Chair Skoro 6. Tree Donation Accept donation of one tree (species to be determined) from Clara Chadwick to be planted at Cliff Drive Park. 1. Correspondence - The following communication was received and acknowledged. Fm: Jan Vandersloot, June 24, 2001 Jan Vandersloot, 2221 E. 16th Street asked the Chair whether he should address his concerns regarding the ficus trees now or wait until item 10. Chair Skoro asked him to wait until item 10. is 3. Community Services - Chair Skoro stated that a second meeting regarding the lights at Arroyo had been held on June 25, with two council members, the City Manager members from the Commission, and homeowners. He stated that they heard their complaints and stated that any additional complaints would need to be put in writing to the Commission. A Parks, Beaches l4 Recreation Commission Regular Meeting July 3, 2001 • Page 2 Chair Skoro stated that the Dedication of Arroyo Park was scheduled for July 28, at 1lam and urged the commission to attend. Chair Skoro reminded the Commission of the Independence Day parade on July 4 and encouraged the commission to attend that also. 4. Bench Donation and 5. Bench Donation - Chair Skoro asked if the Commission decided on the type of bench that was installed. Director Niederhaus stated that type of benches were selected based on the area it was located. Commissioner Beek asked that the type of bench and picture be included in future reports. Motion by Commissioner Franklin to accept items 1 through 6 of the Consent Calendar. Motion carried by acclamation. 7. Upper Bavview Landing - Mike Sinacori, Public Works Department distributed a tentative • schedule and site maps of the area. Mr. Sinacori introduced John Douglas, consultant, who would be providing the documentation on the area and working with the Coastal Commission. Mr. Douglas stated that currently the site is owned by The Irvine Company but will be dedicated to the City. He stated the following: A. No gnatcatchers B. Some coastal sage C. Archeology - nothing on the surface but a monitor will be hired to view the site while the grading is done. D. Some soil contamination. Shell Gas is working with the Health Department to get remediation, once the area is certified clean, the City can move forward. E. Coastal Bluff - minimal disturbance, will maximize the view, however may be necessary to top off the bluff/ F. Parking is required per the Coastal Commission, but believe that can be taken care on of the Back Bay Drive. Next steps once the area is certified clean is: A. Design Concept B. Public Review • C. City Council approval of design concept D. Coastal Commission approval (3 -4 months) E. Bids Parks, Beaches ft Recreation Commission Regular Meeting • July 3, 2001 Page 3 Discussion ensued regarding view and line of site. Chair Skoro stated that he believes it is crucial that the spot be set off as an entry point - as it is the center of Newport Beach. Commissioner Beek stated that it should not be omate but functional. Jerry Ota, Landscape Architect, stated that the plans were just entry designs and that they were just preliminary thinking. Chair Skoro opened the public hearing Jan Vandersloot, 2221 E. 161h Street, stated that he agrees with the basic concept that views are needed, however he recommends that the entire slope be vegetated with coastal sage to recreate the gnatcatchers home. He stated that the emphasis should be on preserving the habitat and noted that this project as current stated does not preserve the coastal bluff; the vista is what should be protected. Chair Skoro reminded Mr. Vandersloot that the concept was preliminary and that he would have his time to talk in the future. Philip Frank O'Brien, stated that since the history of this site is the Boy Scout Jamboree that is should reflect that theme. Chair Skoro closed the public hearing Chair Skoro asked that a working session be set up to go over the plans in the future. 7. MarinaPark - Director Kienitz stated that this item is just a status report, but that a public meeting was scheduled for July 9. Sharon Wood, Assistant City Manager stated that the City has an exclusive agreement of 3 years with Sutherland Talla. She stated that they were required to present a draft project description by August 10 and that the City would have 60 days to respond. After that all developmental reports would go forward. She also noted that the project would fall under Measure S. Steve Sutherland, President and also a resident of Newport Beach presented his project design to the Commission. He noted that the area as it sits currently does not benefit the residents or the public, as public land must do. Director Kienitz noted that concerns that the City's current and future recreational • programs will not be accommodated. Commissioner Macfarland questioned if a decision had been made on if the area is tidelands of statetand; he also questioned if the Legion has approved the project. Parks, Beaches $ Recreation Commission Regular Meeting July 3, 2001 Page 4 • Mr. Sutherland stated that he believes that the resort will be permissible if the land is tidelands, but that specific decision has not been made. He also noted that he has made some progress with the Legion and will continue to work with them. Discussion ensued regarding dock slips, parking structure, tennis courts. Manager McGuire stated her concern on location of the sailing fleet. Mr. Sutherland assured her that it could remain where it is. Chair Skoro stated the following comments: A. Agrees as the area currently sits that it is not conducive for public use B. Look of the project is intimidating C. Concern that the control of the tennis courts would be under the hotel jurisdiction and believes that it should remain with the City. D. Concern of not losing any current recreation sites, such as the loss of a half basketball courts, BBQ pits. E. Storage of City fleet of sail boats F. Concern of the loss of the window to the bay. Mr. Sutherland reiterated that that City fleet's storage would remain where it is currently located. Manager McGuire noted her concerns: A. City Community Center on the second floor would be a problem as there are dancing classes scheduled and they would have to suffer complaints. B. Limitation of tennis classes, no room for expansion. C. Sailing program - current use is 8 sailing days in a 14 -day period. D. The Girl Scout house should be joint use. E. Las Arenas and Balboa Community Center have not had any upgrades as they have been waiting for decisions to be made on the MarinaPark design. Mr. Sutherland stated that the joint use of the Girls Scout House is a good idea and he will discuss that with them. Commissioner Beek stated that the Commission should take the position that no changes in programming should. Chair Skoro opened the public hearing Jan Vandersloot, 2221 E. 16`" Street, stated that the Parks, Beaches and Recreation Commission have already taken a position on this issue and should stick with it. He stated that the City already has enough money and should keep what we have. • Chair Skoro closed the Dublic hearing Parks, Beaches 8 Recreation Commission Regular Meeting July 3, 2001 • Page 5 9. Balboa Island Bench Report - Director Niederhaus stated that this was the third time that this report had come before the Commission. He noted that documentation had been added with a map with locations of benches. Director Niederhaus also stated that he had just received a petition in opposition of the bench at South Bay Front and Topaz Avenue tonight. Commissioner Beek stated that Topaz is actually 1 foot 3 inches shorter than the other streets that have two benches. Commissioner Skoro opened the public hearing Peggy Marotta and Pat Butterwitz representing the Balboa Island Improvement Association, stated that the public enjoy the benches and that there are always people that wish to donate a bench. Ms. Marotta stated that they were completely unaware of the petition. Commissioner Skoro closed the public hearing is Motion by Commissioner Beek to deny the request for a bench to be installed at Topaz and South Bay Front. Commissioner Franklin agreed that there comes a time when there are too many benches. Motion carried by acclamation. Motion by Commissioner Beek to approve the request for a bench to be installed at Garnet at South Bayfront with the stipulation that two pots be removed from the location. Motion carried by acclamation. 10. Change of Street Tree Redesignation - Director Niederhaus stated that the Balboa Village Project, is a beautification project for the Balboa area. During the Promote Revitalization of Our Peninsula (PROP) meetings it became apparent that the street trees designated for Main Street and Balboa Boulevard needed to be changed. The PROP Committee on May 10 and 29 voted unanimously to change the street trees from: Cryptocarya rubra to the Coral Gum on Main Street; and the New Zealand Christmas tree to the Willow - Leafed Peppermint on Balboa Boulevard. Discussion ensued regarding the G1 policy as related to beautification projects. • Chair Skoro opened the public hearing Jan Vandersloot, 2221 E. 16' Street, stated that Ficus trees are special City trees and that in accordance with the G -1 policy that should be retained. He questioned the Parks, Beaches ft Recreation Commission Regular Meeting July 3, 2001 Page 6 wisdom of replacing trees just for aesthetic reasons. He urged the Commission to deny the request. Kay Mortensen, Balboa Island Point Association stated that the future of the Ficus tree and their problems have been a discussion item for a long time and that the feeling of the Association is that the Ficus has enough problems associated with them to substantiate the need to get the appropriate tree planted during the project. Director Niederhaus noted that Dr. Vandersloot's letter stating that the Coral Gum usually flowers and drop onto the sidewalk was correct, but in a beach area it will flower. He noted that 41 other tree species were discussed before the decision was made on these two proposed species. Commissioner Beek stated that the only decision that the Commission has before them tonight is whether to approve the street tree redesignation on the list and not the actual removal. Commissioner Tobin stated that an outside Urban Forester was retained by the City and recommended that the Ficus be removed. 1 • Sharon Wood, Assistant City Manager stated that the Ficus trees have done well but are • causing problems now. She noted that with all the work that will be done, that some of these trees will be lost, and that the Coral Gum was approved by the Association as well as the PROP Committee. Chair Skoro closed the public hearing Commissioner Macfarland stated that he has a problem with the redesignation since these trees are designated as special trees. Motion by Commission Tobin to approve the change of the street tree desination on: • Main Street from the Cryptocarya rubra to the Coral Gum; and • Balboa Boulevard from the New Zealand Christmas Tree to the Willow- Leafed Peppermint. Motion carried by the following vote: Aye: Beek, Pfaff, Skoro Tobin Nay: Franklin, Macfrarland Absent: Allen 11. Committee Reports • Budget - Nothing new to report. • • Castaways Park - Nothing new to report. • Park Development - Nothing new to report • Recreation l2 Open Space Element - Nothing new to report • Recreation Services - Meeting will be set up by the end of July Parks, Beaches @ Recreation Commission Regular Meeting • July 3, 2001 Page 7 • Seniors - Nothing new to report FUTURE AGENDA ITEMS • Results of root pruning on Clay Street • 381h Street update • Volleyball - Coastal Commission Update • Review of G -5 Policy ADJOURNMENT - 10:35pm Submitted by: n U Teri Craig, Admin Assistant (14M ►) �/ E�-Oe� ZI I I b I IIVirycf Newport Beach P.O. BOX 1768, 3300 NEWPORT BLVD PHONE 949.644.3i51 COMMUNITY SERVICES NEWPORT BEACH, CA 92658 -8915 FAX 949.644.3155 July 9, 2001 Ms. Kathy Hamilton 2735 Ocean Boulevard Corona del Mar, CA 92625 Dear Ms. Hamilton, Thank you for your letter regarding the usage at Lookout Point. Your letter has been forwarded to the Parks, Beaches and Recreation Commission. The issue has been referred to the Recreation Activities Committee for consideration and a public meeting has been set for July 30 at 2 pm at the Central Library Conference Room. The committee will be discussing park usage rules for Lookout Point, Inspiration Point and Irvine Terrace Park. This meeting is your opportunity to present your comments to the committee. • I appreciate your taking the time to write the letter. It was very helpful. You will be notified if this item is on a future agenda at a Parks, Beaches and Recreation Commission meeting. In the meantime, feet free to call me at the number below or send me an email me at the following address: amcvuire@city.newport-beach.ca.us Y r Senior Recreation Manager (949)644 -3161 cc: Park, Beaches and Recreation Commission • 2735 Ocean Boulevard Corona del Mar, CA 92625 June 27, 2001 City of Newport Beach Attn: Andrea McGuire 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92658 Dear Andrea, 13 07 EadIS JL_ 3 0 ni I so appreciate your thoughtfulness and understanding regarding our conversation on June 26. As a resident of Corona del Mar, I and many others in our neighborhood take pleasure in sharing the ocean views with those who come to enjoy it. Unfortunately, a real damper has been placed on the serenity of the views and the very reason many people like to sit at Lookout Point. Weddings at Lookout Point have turned the summer weekends into a Barnum and Bailey Circus. And, I understand, weddings are scheduled for every weekend through August ... there are three in a row on one day! As a woman who loves going to weddings, I cannot begin to tell you the grief these weddings cause. A & D Rentals with their chairs (75) and screens for the events double park as well as park in the red zone while chairs are pounded down and set up, along with screens. Not only do the trucks double park, there are stretch limos double - parked as well. These vehicles remain there throughout the ceremony. When more than one wedding takes place on any given day, while the first truck is reloading, a second truck is unloading another 75 chairs, etc. It's a madhouse! This is a residential neighborhood, but we're living in a commercial environment. Shall I tell you about the memorial service where a huge poster of the deceased was propped up on a six -foot long draped table. And incense pots burned ... not my idea of a serene environment to enjoy a view. I understand that Inspiration Point weddings are limited to 20 people. Those who live at that end of our street are glad about that, I'm sure. We, too, would be so appreciative of restrictions at our end of Ocean Boulevard. Wedding guests hang on our fences and use them as the church foyer, if you will. Circus or zoo — take your pick. Either way, these weddings are very disruptive to the residents, and their use of Lookout Point changes it from a park to enjoy to a commercial enterprise reminiscent of the Las Vegas "quickie" weddings. For anything you can do to place restrictions on the number of events and number of people allowed, I am most grateful. Thanks so much for listening. I feel better already. Sincere y Kathy miltofi I • • • July 30, 2001 Catherine Emmons 2516 Holly Lane Newport Beach, CA 92663 Val Skoro 3300 Newport Blvd. Newport Beach, CA 92662 Addti�-- C rn^c� caho, �LXol "t--kAA i AUG - 6 = To: Mr, Val Skoro I am writing to request that our group of Alcoholics Anonymous receive priority at the Jorgenson room at the Mariner's Library. l have spoken to David Hughes at the community services, in regards to this matter. He directed me to put in writing our group's request. We have been occupv_� g the space Monday, Tuesday, Thursday and Friday. The time we meet is 11:30a.m. to 1:30 p.m. We haWbeen at your facility close to a year. We are now requesting to have the space for Wednesday's, the problem is that we are last on the list of priority. We would like to change this. Even if we cut down the time to 12:OOp.m. to 1:30 p.m. We just don't want to keep getting bumped. We would like to be stable at one location and times. Our group has been in the Newport Beach area for 30 plus years. The group started at the Shark Island Yacht Club and then was asked to leave due to new owners. They wanted to use the meeting room for different events with food being served. So, we moved to the Dunes Resort and stayed there for about 5 years, the Dunes was put up for sale and they asked us to leave. • So, we are now at your facility, and we love it. The group has always been 5 days a week meeting, until now. Our attendance is about 50 to 60 people per day. Our group would love to have the meeting 5 days a week again. We help a lot of people each day. Please let us know what we can do to become a priority. We understand that youth groups and classes are extremely important, but so is saving lives. Please take this in to your consideration. If you have any questions my phone number is 949 -631 -6807. Serely, Catherine Emmons • �J it of Newport Beach P.O. SOX 1768, 3300 NEWPORT BLVD PHONE 949. 644.3151 COMMUNITY SERVICES NEWPORT BEACH, CA 92658 -8915 FAX 949. 644 -3155 August 6, 2001 Mr. D. Oberman 1210 W. Oceanfront Newport Beach, CA 92661 Dear Mr. Oberman, Today, I received a copy of your letter /petition dated March 30, 2001 directed to the attention of the Planning and Public Works Departments. The letter will be submitted to the Parks, Beaches and Recreation Commission for review in their September agenda packet. I anticipate the issue will be discussed again at the September or October meeting. Thank you for your correspondence and your comments. The Parks, Beaches and Recreation Commission as an advisory commission to the City Council make all policy recommendations and conduct public hearing regarding park and recreation issues. Notification of all Parks, Beaches and Recreation Commission meetings are posted at City Hall. Residents who live within 300 feet of a proposed project are notified and signs are posted at the site for the user groups. You can understand the economic impact that prevents individual notification of the entire peninsula. The Parks, Beaches and Recreation Commission meetings are held the first Tuesday of each month at •7 pm in the City Council Chambers. Agenda items are generally prepared 7 -10 days in advance of each meeting. You or any citizen is encouraged to call and discuss any item that is on the agenda, however discussion with staff does not constitute public comment. Also staff cannot predict the will of the commission so they sometimes cannot be more definitive when discussing a future meeting. In the future, when gathering signatures for submission, it is recommended that you have signatures and addresses. This will help validate that the signers are residents. To include any petition in the official agenda packet, it must be received at least seven business days prior to the next scheduled meeting. Your correspondence was received too late to be included in the August packet. I will submit your name and address to the notification list for the next meeting that has 38`" Street on the agenda. Please don't hesitate to call if you have any further questions. My direct line is 644 -3161. Sinc y, n rea K. c ui Senior Recreation Manager cc: marks, Beaches and Recreation Commission La Donna Kienitz, Community Services Director /City Librarian is S _ * Ciryof Newport Beach COMMUNITY SERVICES August 6, 2001 P.O. BOX 1768, 3300 NEWPORT BLVD NEWPORT BEACH, CA 92658 -8915 Mayor l't Members of the City Council 3300 Newport Boulevard Newport Beach CA 92663 Re: MarinaPark Dear Mayor Ft Members of the City Council, PHONE 949- 644 -3151 FAX 949- 644 -3155 At the July 3, 2001 meeting of the Parks, Beaches and Recreation Commission, Mr. Sutherland of Sutherland -Talla Hospitality made a presentation of their proposal for MarinaPark. As previously indicated to the City Council (letter dated July 17 from the Parks, Beaches and Recreation Commission addressed to Sharon Wood with copies to the City Council) the MarinaPark site is a critical hub in the City's recreation programs. The highly used facilities include: • 4 tennis courts (two, lighted) • 1 tot lot • 1half- basketball court • 1 Community Center (approximately 2,760 square feet) • 1 Girl Scout House (approximately 3,000 square feet) • 2 sailing bases - one at 18`h street, one at 16`h street Obviously the Parks, Beaches and Recreation Commission feel that it is mandatory that these facilities should be retained even though they would be probably be rebuilt and in some cases relocated on the MarinaPark site. Questions or concerns expressed by the Parks, Beaches and Recreation Commission or staff at the July 3 meeting relative to the Sutherland -Talla proposal included the following: • It appears the project focuses on recreational use for hotel guests and causes concern that the City's current and future recreational programs will not be accommodated. • Control of the tennis courts and scheduling must remain with the City. Limitation of time for City tennis classes provides no room for expansion. • A room on the 2nd floor of the proposed relocated legion hall would not adequately replace the existing community center and would be a problem since classes scheduled are aerobics, dancing and youth groups that would cause noise in the legion hall. • Any new facility such as the proposed Girl Scout house should be designated shared use as a community center for maximum use of the valuable site. • The City fleet of sailboats must remain at their existing location and there must be public access for the City sailing programs. • • Proximity of tennis courts and sailing facilities is crucial for continuation of the very popular sailing and tennis class. 9 0 Re: MarinaPark Page 2 It is noted that upgrades to the existing community center have been held in abeyance awaiting a decision on the MarinaPark design. Other questions that arose at the meeting were: • Has a decision had been reached if the area of Marinapark is tidelands or not? • Has the American Legion approved the Sutherland - Talla proposal. Additionally the undersigned questioned the loss of a window to the bay from Balboa Boulevard, which was originally proposed (or expressed) by Sutherland - Talla, as well as concern that the most aesthetically unpleasing aspects of the development (Tennis Courts and parking structure) face Balboa Boulevard, while the architecturally pleasing high -end villas and landscaping face the bay. Hopefully the above concerns will be considered in the development of Marinapark with the emphasis on maintaining and enhancing the recreational facilities that are so important to this City. Sincerely, Val Skoro, Chair Parks, Beaches and Recreation Commission cc: Homer Bludau, City Manager Sharon Wood, Assistant City Manager Steve Sutherland, Sutherland - Talla Planning Commission • ` ,= • 11NI AUG - 6 M �(l C QnA CO F1 March 30,2001 FED CX City of Newport Beach Attention: Director of Planning ,Dir. Public Works GC�ftt/tJti� Newport Blvd. — 3 30 Dee Newport Beach CA SUBJECT: RENOVATION OF 38Th STREET PARK Dear Sir/Ms: It is our understanding that the City of Newport Beach is planning to remove the basketball court at the 38`s street park, and replace it with hopscotch /other unspecified items. Given that this area of the park is in good condition, we are concerned that our interests • as Newport Beach residents and stakeholders are not being supported by this proposal. We are opposed to the proposed action and hereby object for the following reasons. 1.The park is currently a pleasant public park,in good condition. This section of the park is used and' enjoyed by youth and adult stakeholders of the city. The park is only used for basketball during posted hours(as there are no ligbts,it is impossible to play in the evening ). This park is the only full court basketball court in this area of Newport Beach.There are already numerous other areas available for children, and other general uses.We believe, as adult stakeholders of this city, that we should have the same rights to enjoy this healthy form of recreation as other groups who reside in the area. 2 I is our understanding that there is a resident who regularly complains due to noise during play.We can appreciate this person's position: however, this person certainly had opportunity to complete reasonable due diligence and consideration when selecting a residence which was across the street from a public park. All public parks,if utilized,will generate noise. (If there are occasions of indigent ,disorderly conduct, they are exceptional, and can be dealt with as any other extraordinary disturbances). ,-4, proposed reuse does not make any sense, as there is already a children's and general u ea in the park. 3. As residents and taxpayers, we are furthermore upset by the City's approach to Notice,which we believe to be inadequate at best, and potentially deliberately misleading. The residents of the Penninsula received no written notice,nor was any reasonable notice published in a place and manner so as to provide opportunity to be properly informed of the City's intentions, or the proposed planning and approval process and schedule. (We do not consider vague notices with no dates, taped to a restroom door to be adequate notice). 0 • C When we have called the City to obtain information concerning hearing dates and specific plans, staff indicate that no further information is available. This is not the first time that the City has allowed projects to move forward without providing fair and due process for legitimate stakeholders. 4.We object as taxpayers to the City's proposal to spend funds on remodelling of a perfectly good park, when we cannot get essential infrastructure or other health and safety needs met. In summary, we feel strongly that we, as adults who live and invest in this City, have a right to enjoy healthy recreation in our neighborhood. We appreciate the City's consideration, and you to make a well - informed unbiased and reasonable decision concerning this matter. Sincerely, NEWPORT BEACH RESIDENTS IN SUPPORT OF RETAINING THE 38t, STREET PUBLIC PARK FULL BASKETBALL COURT Ff t z+ y.. I c r AZ I r WVW PB &R Commission Agenda Item No. a- August 7, 2001 SUBJECT: Parks and Trees Divisions Activities Report Park Division Activities 1. Staff continued coordinating the construction of the Bonita Canyon Sports Park with the Public Works Department. 2. The City assumed the maintenance of Arroyo Park and the park was dedicated on July 28. This active eight -acre park with lighted fields will be a significant enhancement to the City Parks system. The City landscape maintenance contractor, TruGreen LandCare, will maintain the park. • 3. A Commission approved tree donation was planted at Mariners Park. 4. Staff attended the semi - annual Youth Sports Commission meeting to address any concerns and discuss field maintenance issues. 5. Field renovation work in preparation for the upcoming soccer and football seasons has begun. The renovation includes seeding, dethatching, aerating, fertilizing and top - dressing of several athletic fields. Uncomina Activities for August 1. The planting of replacement shrubs and ground cover will continue Citywide. 2. Staff will continue to monitor the Arches Mitigation Site in the Big Canyon area. 3. Staff will continue coordinating the annual control of rodents with contract services. 4. Field preparation for the upcoming soccer and football season continues. • Tree Division Activities • During the month of July, 735 trees were trimmed, 57 trees were planted and 4 emergency calls were responded to regarding trees. The Urban Forester received 73 tree maintenance requests. 1. The City tree - trimming contractor, West Coast Arborists, has completed all tree trimming throughout the Corona del Mar area and has begun trimming within the Buffalo Hills area, and is scheduled for completion this winter. Additionally, the annual tree trimming of palms, corals, and selected trees will begin August 1. 2. The Urban Forester coordinated the Citywide Sidewalk Replacement Program with the Concrete Maintenance Supervisor and the Public Works Inspector. This work involved the Urban Forester inspecting City street trees as related to sidewalk repairs. 3. Staff has been coordinating with the Field Services Division of the General Services Department for the root pruning of public and private property on Clay Street between Irvine Avenue and St. Andrews Road. The project is multi - phased and will include a variety of tasks to preserve the City Ficus trees and their canopy. The major aspects of the project are the removal of the Ficus tree roots, installation of root barriers, repair of existing concrete walkways, landscape and irrigation system renovation. All affected property owners have have been sent an Indemnity Agreement, to sign and return, to • allow staff to encroach upon private property. Once all the agreements have been received, staff will proceed to complete the entire project. 4. The attached Tree Activity Report summarizes work that has been performed during the past month. 5. The City's tree maintenance contractor, West Coast Arborists has provided the attached Annual Tree Maintenance Highlight Report. The report highlights services that they have provided to the City in Fiscal Year `00 -'01. Parks and Trees Maintenance Superintendent Attachments: (A) Tree Activity Report 2001 (B) Annual Tree Maintenance Highlight Report • • • rl • r, �J m O � � o w m � � N p., .b H A CO N F O W S]y r1 ti r Q OJ QL s0. Q O '. � b w > s� O 4° ¢ O 'r Y Y N � �i 0 C. 0 N N 0 1—:1 O v w h O OD f6 C t6 N � U d `o 0 C 0 a d � � N Q d 0 0 P J -0 L 7_ C N N N N o E V C N N 0 1 U H .... .N.v K8 A� 9� f (Item 3) COMMUNITY SERVICES DEPARTMENT August 7, 2001 • Arts ft Cultural - Library - Recreation - Seniors To: Parks, Beaches and Recreation Commission From: LaDonna Kienitz, Community Services Director /City Librarian Re: Recreation and Senior Services Division Monthly Activities Report 1. Monthly Activities - Reports on the activities of the Recreation and Senior Services Divisions for the past month are enclosed. 2. Opportunity for a Retreat/ Information Session - The following times would be available if the Commission elects to hold a special meeting as an information/ planning session. Wednesday, August 15 Thursday, August 23 Thursday, August 30 Staff suggests that the meeting begin at 5 or 5:30pm, with a light dinner, and work until 8 or 8:30pm. • A classroom at OASIS Senior Center is available on those dates. • Monthly Activities Report (Item 3) COMMUNITY SERVICES DEPARTMENT August 7, 2001 Arts & Cultural - Library - Recreation - Seniors • To: Parks, Beaches and Recreation Commission From: Andrea McGuire, Senior Recreation Manager Re: Recreation Division Monthly Activities Report ADULT SPORTS Adult Softball - July was an active month for the 133 -team Adult Slow Pitch Softball League. All leagues will wrap up play by August 16. Over 275 games were played in July at eight different fields. YOUTH PROGRAMS Youth Basketball - League play for the Community Services Department youth Summer Hoops program will finish in early August. This year's program, comprised of twenty -four teams and 180 participants, has been met with great satisfaction among players and parents. Youth Sports Camp - The Community Services Department summer Sports Camp is in its third year of operation and its popularity continues to rise. The camp offers 10 weekly sessions and has filled to capacity each week thus far. Campers are introduced to a variety of youth sports such as touch rugby, court hockey, modified cricket, ultimate, disc golf, flag football, basketball, lacrosse and more. Other daily activities include crafts, cooperative games, reading and talent shows. Weekly field trips include swimming at Newport Harbor High School, venturing to Corona del Mar State • beach and spending a day at one of many popular Southern California amusement parks. The camp's success this summer can be attributed to its creative, enthusiastic staff and the unique programming. This translates to repeat customers and strong "word of mouth" advertising among parents in the community. Sports Fields - The Bobby Sox Western Regional National Championship was held in Newport Beach on July 20 -23. Over 35 games were played at Bonita Creek Park and Grant Howald Park (CYC). Teams from California, Nevada, Arizona, Washington and Oregon participated in the "Under 15" Softball Championship. Many positive comments were received from coaches and players in regard to the condition of the softball facilities and support of City staff. AQUATICS Pool Statistics For: June 17 - July 17, 2001 Revenue Participants Lap Swim $1,122 803 Recreation Swim $311 363 Annual Pass $670 4 Punch Pass $450 9 Swim Lessons $15,339 463 Rentals $1,510 300 NBAC Swim $6,161 41 NBAC Jr. Polo $6,395 43 TOTAL $31,958 1,016 • Monthly Activities Report (Item 3) August 7, 2001 Summer programs began on June 25 at Newport Harbor High School and MBAC. NHHS programs • include swim lessons from 9:30am -Noon and 2:35- 6:20pm and recreation /lap swim from 1- 2:30pm. Programs at MBAC include NBAC Swim Team from 3- 4:30pm, Jr. Water Polo from 4:30 -6pm and adult lap swim from 5:30 -8pm. r1 LJ All aquatics programs for summer included an energy surcharge except for NBAC ft Jr. Water Polo. Parents of those involved have been billed for the energy Surcharge fees of $15 /month /child. There were 153 parents notified and billed the appropriate amount. This surcharge is included in the fees for fall. To date $8,444 in energy surcharges have been collected. CONTRACT CLASSESANSTRUCTION Classes /Activities FACILITIES USE AND MAINTENANCE There are over 1900 kids enrolled in 133 camps this summer. There are a variety of camps offered including Sailing, Tennis, Surfing, Soccer, Golf, Paddle Camp, Skyhawks Sports Camps, Science Mania, and Pirates Cove Beach Camp. Staff is now completing programs for the fall 2001 Navigator, which is expected to be in homes the week of August 20. Facilities During the period of June 15, 2001 through July 14, 2001 there were: • 40 Park /Picnic Area Rentals • 8 Room Rentals • 3 Field Rentals • 8 Gymnasium Rentals Of the Park 8 Picnic Area Rentals, 12 were for wedding ceremonies with the majority of these being at Lookout Point. The Peninsula Park Gazebo and Grass area was the site for three large events; a 'Youth Mass,' a 'Concert £t Show,' and a large'Family Reunion.' There are 10 ongoing 'self -help' type groups, and two additional groups meeting on a weekly or more frequent basis. The adult group using Lincoln Gym for Basketball has cancelled their use. A is similar Adult group is still using Bonita Creek Football Field for Soccer practice on a weekly basis. American Roundball (Basketball) will be using both Lincoln Gym and West Newport Gym on a regular basis in July. Monthly Activities Report (Item 3) August 7, 2001 PARK DEVELOPMENT Arroyo Park - The final walkthough was held July 25 to review the punch list before the dedication • on July 28. Bonita Canyon Sports Park - Work with the irrigation in East Park ready for weed abatement. The roofs on the restroom buildings are nearly complete and irrigation installation in mid -park and west park is in progress. Newport Shores Park Playground - A meeting with the community was held July 25 to discuss the replacement of the playground equipment at the park. Bavview Landing -The PB &R Commission comments have been forward to the design team working on the project. Preliminary designs should be ready sometime in August. SPECIAL EVENTS Corona del Mar Scenic 5K- Proceeds from the Corona del Mar Scenic 5K totaled nearly $36, 000. The Community Services Department youth programs and the Corona del Mar Beautification project will each receive $18,000 of funding. Plans for next year's race are already underway, scheduled for June 1, 2002. Independence Day Festival - Our nation's 225th birthday was celebrated in style at the annual Mariner's Park event by nearly 2000 children and adults. The day began with a parade that led into variety of family oriented games, crafts and activities. Barnaby The Clown, who has entertained the crowd for 18 consecutive years, pulled off the nearly impossible act of getting the Mayor, Commissioners and City Manager to dance for the crowd. Mariner's School Foundation, who partners with the Community Services Department to conduct the event, raised nearly $8,000 for school programs. Other Bonita Creek Park Access - Recreation staff met with Randy Kearns at Bonita Creek Park to determine path for ADA access to the football field, in response to a request of a resident. A path off La Salud was determined to be the most viable. General Services is working to complete the get the modifications accomplished before the beginning of football season. Bonita Creek Storage Facility - Staff have met on the site with Public Works staff to discuss the size • and type of building that can be put on the site to replace the storage trailers. A preliminary plan is being discussed in order to develop a bid package. Monthly Activities Report (Item 3) August 7, 2001 Bonita Creek Light Replacement - The bid package is being developed for the replacement of lights • on Bonita Creek Softball Fields as phase one of the CIP project. Lights will be replaced with the non -glare state of the art fixtures from Musco as was done at Grant Howald Park and Lincoln Athletic Center. Project should be completed by the end of 2001. 38`° Street Park - The hearings for the renovation of the basketball courts at 38`" Street Park were postponed from spring while awaiting a review of the Coastal Commission on a similar project. Staff requests that either the Recreation Activities Committee or an Ad -Hoc Committee meet in August to discuss possible programming options at the park, before the item is discussed by the full Commission in September. • • Monthly Activities Report (Item 3) August 7, 2001 COMMUNITY SERVICES DEPARTMENT Arts is Cultural - Library - Recreation - Seniors • To: Parks, Beaches and Recreation Commission From: Celeste Jardine -Haug, Senior Services Manager Re: Seniors Division Monthly Activities Report Installation for the new Board members - Installation for the new Board members for the Friends of OASIS was held on Friday, July 6. Seven members and 5 officers were included. The new President is Sheila HatcheU, retiring Gwen Collins. City Manager, Homer Bludau, presided over the installation and joined the group for a BBQ luncheon. Surfing the Web with New Generation - A free class being offered by a 13- year -old boy on how to surf the web, has become the most popular class ever. He offered 2 different classes, each 3 hours in length. The class was filled shortly after it was first advertised in the newsletter with a waiting list of 60 people. Due to its popularity, an additional class was held. Vision Screening - OASIS offered vision screening on Friday, July 20 from 9:00am to 3:OOpm. This year the Center coordinated this effort by utilizing the Lions Club and the California School of Optometry. The Lions club supplies a large vehicle that contains all the optometry equipment needed to perform tests. The Optometry school supplies students and two doctors to perform the screening tests. A reservation system was utilized, which alleviated a long wait period. As eye disease is prevalent as one grows older this screening service is vital to this population. Garden Party - Staff planned a very successful Garden Party held on July 18. It was a relaxing afternoon filled with Harp music, refreshments, and plant exchange organized by the Garden Club and a floral demonstration by Sherman Gardens. Approximately 125 people attended and thoroughly enjoyed the afternoon. Homeowners and Renters Assistance - The H &RA program, which assists people who have an income of less than $35,251 a year, continues to have a full set of appointments for the volunteer who assists with the appropriate forms. People who rent can qualify to receive up to $240 and homeowners can receive up to $326.40. The maximum income has been raised substantially in the past year and therefore many more people find themselves qualified to apply for this refund. Volunteer Larry White, the Center's income tax coordinator, is volunteering once a week to assist in filling out the required forms. The filing period this year ends October 15, 2001. Upcoming Events - Special events this months at the OASIS Center include a Twilight Dinner on the August 17; and Stroke Screening, August 23. Special lectures and Coastline Classes return for the fall semester. • • Monthly Activities Report PARTICIPANTS ATTENDING RECREATIONAL CLASSES PERSONALIZED SERVICES PROVIDED Includes: Blood Pressure _ 60 Braille 60 Counseling - persons S0 Eldercare 3 Employment 25 HICAP 7 Homerepair Program 5 SENIORS RECEIVING TRANSPORTATION SERVICES Care -A -Van 577 Shuttte 266 CUSTOMERS RECEIVING NOON MEALS AT THE CENTER VOLUNTEER HRS. OF SERVICES PROVIDED AT THE CENTER Includes: Kitchen 8: Home Delivered Meals Front Office Travel Office Gift Shop Library Instructors President Treasurer/ Vice President Bookkeeper Taxes PARTICIPANTS IN FRIENDS OF OASIS TRAVEL PROGRAMS Day Trios L .w We1k.SO Pa ft 32 Gene Aurty Museum 40 Viejas Casino 117 ATTENDEES TO MEETINGS AT OASIS Board of Directors 18 General Membership 200 SPECIAL EVENTS /SCREENINGS /LECTURES Computer Friends 110 • Legallecture 14 Blood Draw 140 8,975 3,928 2,114 Housing counseling Information/ Referral Legal Assistance Senior Assessment(hrs) Telephone Reassurance Visual Screening Bereavement group (Item 3) August 7, 2001 CUSTOMERS CUSTOMERS CUSTOMERS 55 1,545 11 30 257 6 0 843 CUSTOMERS 1,358 CUSTOMERS 11769.00 HOURS ('equiv. to 11 full -time employees) 234 CUSTOMERS Lone Trios Riverside/ Laughlin 45 218 PERSONS 280 PERSONS Tax asst. 16 11 • Parks, Beaches and Recreation Commission General Services Director SUBJECT: Bench Donation Request Recommendation PB &R Commission Agenda Item No. August 71 2001 To accept one bench donation from Mrs. Elizabeth Wright that will be installed adjacent to the boardwalk at 8`h Street and West Ocean Front. Discussion Staff received an inquiry from Mrs. Elizabeth Wright regarding a proposed bench donation for the boardwalk at 8th Street and West Ocean Front. Subsequently, the donor submitted a letter dated July 9, 2001 requesting the approval of one bench donation (Attachment A). The area currently has no bench at 8`h Street, and this donation would be an additional improvement. The bench will be the Huntington Beach model that was selected from the Official Bench List (Attachment B). Mrs. Wright will pay for a concrete bench pad as well. The bench will complement two previous donations of a similar bench, one each installed at 6'h and 7`h Streets and West Ocean Front. Additionally, property owners within one block in either direction of 8`h Street have been notified of the potential donation (Attachment Q. The plaque verbiage will read "DONATED BY Westy Wright ", which conforms to City Council Policy G -5 (Attachment D). Mrs. Wright, and the President of the Central Newport Beach Community Association, and adjacent property owners will receive a copy of this report and a notice of the Commission meeting. Very respectfully, David E. Niederhaus DEN /MGL /pw C: \WINDOW S\Tempomry Intemet Fi1es \0LKA381 \Wright.doc Attachments: • A) Mrs. Elizabeth Wright's letter dated July 9. B) Bench photo C) Notification letter to property owners D) City Council Policy G -5 • C: \WINDOWS \Tempomry I neme[ Files \OLKA381 \WrighLdm 0 J U L 0 5 2001 2001 _�A • 0 Mr. Marcelino G. Lomeli Parks and Trees Maintenance Superintendent City of Newport Beach Post Office Box 1768 Newport Beach, California 92658 -8915 Dear Mr. Lomeli, In response to the information you provided me regarding bench donations I am writing to advise that I would like to proceed with a donation to the City of Newport Beach. I would like to donate one bench to be installed at the 8"' Street street end on the oceanfront along with the standard 2" x 6" plaque with the permitted verbiage that will read "DONATED F-E%or By� J,VEg7 -y Wyij;,4T ",that I will provide, and that a concrete pad is also required. I understand that this request is subject to approval by t e City of Newport Beach Parks, Beaches and Recreation Commission. If you have any questions or require additional info ation you may reach me at G 7 3 • G / �. Thank you for your assistance. Sincerely, westy wriot 707 w. Baa6i , cA 92861 -1156 Newt � &�` -,-._- ?—n,-xo �g Mrs. Elizabeth Wright w g,�y L 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Dear Property Owner, July 18, 2001 The Parks, Beaches, and Recreation Commission will be considering a bench donation request for installation along the boardwalk at 8h Street and West Ocean Front at the August 7, 2001 meeting (agenda attached). You may send a response to this proposal to me prior to the Commission meeting or if you attend the meeting you will have the opportunity to speak regarding the proposed bench donation. Informationally, the Commission meeting is at 7:00 p.m. at the City Council Chambers located at 3300 Newport Boulevard, Newport Beach, California, 92658- • 8915. Address any correspondence to my attention c/o General Services Department, at the same address. n U You may contact me at (949) 644 -3069 if you have any questions. cerely, WarelinoG. Lomeli Parks and Trees Maintenance Superintendent MGL /pw cc: Tom Hyans, Central Newport Beach Community Association 3300 Newport Boulevard, Newport Beach G -5 PARK AND STREET IMPROVEMENT DONATIONS • The City Council recognizes the need to provide rosidents Willi 1110 opportunity to donate trees, benches, drinking fountains or related park and street improvement items. This policy establishes criteria for donations to assure attractiveness, usefulness and the capability to be maintained. Tree Donations The tree -lined walkway at Oasis Passive Park beginning at 5th Avenue and Marguerite in Corona del Mar shall be Identified as one area where a Tree with a bronze plaque can be installed. Other trees with plaques can be donated and Installed at locations recommended by the General Services Director and approved by the Parks, Beaches and Recreation Commission. Bench Donations It shall be the responsibility of the Parks, Beaches and Recreation Commission to designate the type, style, design, and placement of City-owned benches on City property. Areas of placement may be parka, streets, along the beachfront, within villages, commercial districts, and neighborhoods, on a • specific island, etc. Once an area has been designated with a certain style or type of bench, the Parks, Beaches and Recreation Commission may require that the designation be changed only by a formal request for a redesignation. The factors to be addressed in preparing the list of approved benches for the City as well as the final design for a specific site will include at a minimum: size, usage, vandalism; traffic, security, view obstructions, location, style reflective of neighborhood and cost. The Arts Commission will provide design review assistance as required. Donation requests will be submitted to the General Services Department and meet the following requirements. a. Bench donations along a City street or beach front will require the approval of the General Services Director and the Traffic Engineer. b. Bench conations wititin a commercial district will require notification of, and an endorsement from, the local business association. c. bench donations for parks within a residential community will require notification of residents within 300 feet of placement and an endorsement • from the homeowners association, when applicable. G -5 Park and Street Amenities • Items such as benches, drinking fountains, tables, etc., can be donated to be included in the public park system. Recognition on the item shall be a 2" x 6" plaque and limited to Donated by (Name) or Donated for (Name) as a means of identifying the donation. Donors of major park improvement gifts may elect to provide a dedicatory plaque not exceeding 5" x 7" with name, date and appropriate text not exceeding 25 words. All donations must be approved by the Parks, Beaches and Recreation Commission. The cost of a donated item, including identification plaque, shall be borne totally by private funds. The City will assume ownership and maintenance if accepted and placed in a public park or on a sidewalk unless other arrangements have been agreed upon. The City will not assume responsibility for replacement due to vandalism or theft. Adopted - July 22,1992 Amended -January 24, 1994 Amended - June 27, 1994 • Amended - June 24,1996 Formerly I -15 AA E C -5 • Park and Street Amenities Items such as benches, drinking fountains, tables, etc., can be donated to be included in the public park system. Recognition on the item shall be a 2" x 6" plaque and limited to Donated by (Name) or Donated for (Name) as a means of identifying the donation. Donors of major park improvement gifts may elect to provide a dedicatory plaque not exceeding 5" x 7' with name, date and appropriate text not exceeding 25 words. All donations must be approved by the Parks, Beaches and Recreation Commission. The cost of a donated item, including identification plaque, shall be borne totally by private funds., The City will assume ownership and maintenance if accepted and placed in a public park or on a sidewalk unless other arrangements have been agreed upon. The City will not assume responsibility for replacement due to vandalism or theft. Adopted - July 22,1992 Amended - January 24,1994 Amended - June 27,1994 • Amended - June 24, 1996 Formerly I -15 is 7 • IF, 6 14 Pm kf F/ 7/iJ7 7M t, q A C�1 • (item 5) August 7, 2001 COMMUNITY SERVICES DEPARTMENT Arts Ft Cultural - Library - Recreation - Seniors To: Parks, Beaches and Recreation Commission From: Recreation Activities Committee Re: Changes /Additions MBAC Usage Policy RECOMMENDATION Support the rental policy and fee schedule for use of Marion Bergeson Aquatic Center as developed by the Recreation Activities Committee and staff; forward the approved schedule of fees to the City Council for approval. Summary of fees and rental categories Types of Use Shared Use: Renter shares pool space with city programs. Exclusive Use: Renter has exclusive use of the pool. Group Classifications: Non - Profit: Renter must show proof of non - profit status. Private: College /Private School teams, Club Teams. Commercial: Businesses, Filming Companies, Photographers, etc. Non - Profit Private Commercial • Each group is subject to a $250 refundable deposit prior to pool reservation • Non - profit groups must provide proof of non - profit status. • Additional staff charges dependent upon anticipated pool attendance. • Residency is determined by membership equaling a minimum of 51% Newport Beach residents. • (Electronic scoreboard and timing system is not available through the City of Newport Beach) • Energy Surcharge will be added based upon rates or school district charges, and determined by the Community Services Director. BACKGROUND Council Policy 1 -11 outlines the usage of MBAC. Staff on an annual basis according to established formulas normally reviews fees and charges. This year due to the additional energy surcharge that must be paid to the School District, fees were reviewed by the Recreation Activities Committee at their July 30, 2001 meeting and were approved as fair and reasonable. The full rental packet is attached including rules and regulations, rental categories and fees based on the energy fees being paid by the City to the Newport-Mesa Unified School District. These fees . were not included in the recent council approval of city fees and must be forwarded to Council for approval. Attachment: Rental Packet Council Policy 1 -11 Resident Non- Resident Resident Non- Resident Resident Non - I Resident Shared Rate $40/hr. $45 /hr. $80 /hr. $100 /hr. 200 /hr. $230 /hr. Energy Surcharge To be determined Exclusive Use Rate $7x0 /hr. $75 /hr. $150 /hr. $170 /hr. I $280 /hr. 300 /hr. Energy Surcharge To be determined • Each group is subject to a $250 refundable deposit prior to pool reservation • Non - profit groups must provide proof of non - profit status. • Additional staff charges dependent upon anticipated pool attendance. • Residency is determined by membership equaling a minimum of 51% Newport Beach residents. • (Electronic scoreboard and timing system is not available through the City of Newport Beach) • Energy Surcharge will be added based upon rates or school district charges, and determined by the Community Services Director. BACKGROUND Council Policy 1 -11 outlines the usage of MBAC. Staff on an annual basis according to established formulas normally reviews fees and charges. This year due to the additional energy surcharge that must be paid to the School District, fees were reviewed by the Recreation Activities Committee at their July 30, 2001 meeting and were approved as fair and reasonable. The full rental packet is attached including rules and regulations, rental categories and fees based on the energy fees being paid by the City to the Newport-Mesa Unified School District. These fees . were not included in the recent council approval of city fees and must be forwarded to Council for approval. Attachment: Rental Packet Council Policy 1 -11 I -11 USE PRIORITIES AND FEES FOR MARIAN BERGESON AQUATIC CENTER The Marian Bergeson Aquatic Center is a 50 meter pool complex located on the Corona del Mar High School campus. The Newport -Mesa Unified School District, as the legal owner of the.property, has entered into an agreement with the City of Newport Beach to allow public use of the facility after official school use. This agreement has resulted due to the significant contribution to the pool construction by the City. PURPOSE OF USE The foregoing facilities and equipment therein shall be used for activities which are recreational, social or civic in character, and offer services of interest or need to the community. PROCEDURE Any group desiring to use the Marian Bergeson Aquatic Center shall make application on forms provided by the Community Services Department and shall provide such • additional information as may be required by the Department to assure compliance with priorities. Applicants may be required to satisfy the Department that activities will be conducted in an orderly manner and that such person(s) or groups are financially able to respond to damages arising therefrom. Prior to the use of any facility, the application must have been approved by the Community Services Director or a designated representative. SCHEDULE The City of Newport Beach and the Newport -Mesa Unified School District establishes the use of the aquatic center as follows: Pool Use Criteria (As Dictated by School District -City Agreement) School Year A. 6:00 A.M. - 3:00 P.M. District use only. B. 3:00 P.M. - 6:00 P.M. Joint use City/District w /District as first priority. C. 6:00 P.M. - 9:00 P.M. City exclusive use. PI • I -11 Holidays, Summer Vacation, Saturdays A. 6:00 A.M. - 9:00 A.M. Joint scheduling w /City priority. B. 9:00 A.M. - 9:00 P.M. City exclusive use. Sundays A. 6:00 A.M. - 9:00 P.M. Joint City /District. (Use includes showers, restrooms and ancillary facilities.) A. All official Community Services /City of Newport Beach initiated and /or conducted activities. B. All official Community Services co- sponsored groups and /or activities. The aforementioned are community groups and activities which are nonprofit, self - governing, privately organized and of a recreational nature which may be • brought under the sponsorship of the Community Services Department by application. C. Official School District sponsored programs and activities. D. Official public agency sponsored programs and activities not included in the above categories. E. Recreational, social or civic activities and /or groups (resident) promoted and sponsored by local nonprofit organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents. F. Recreational, social or civic activities and /or groups (nonresident) promoted and sponsored by nonprofit organizations which are open to the public, not qualifying under Priority No. E. G. Private resident and nonresident use. H. Commercial or profit making groups. • 2 - 0 I -11 SPECIFICATIONS FOR AQUATIC CENTER USERS A. Determining factors of priority shall include, but not be limited to, the number of Newport Beach residents on the playing teams, recognized seasonal sports, and past contributions to facilities by sponsoring groups. This policy shall not be exclusionary to any group. Staff has the right to revoke a permit for specific times if the facility is not being used. B. Recognized seasonal sports shall be determined where at all possible one year in advance. All non - seasonal sports shall be accommodated, but scheduled secondarily to seasonal sports. Special tournaments/ regional playoffs, even if off - season, shall be accommodated whenever possible. Applicable fees will be charged to the hosted group. Special events shall be applied for at least six months in advance and not more than 18 months in advance. C. Staff will coordinate and chair quarterly meetings to determine equitable use of available athletic facilities. Groups not satisfied with the results of this procedure • can appeal the staff determinations to the Parks, Beaches and Recreation Commission. The Parks, Beaches and Recreation Commission designated committee members will attend two of these meetings (early fall and early spring) for the purpose of: reviewing the success of the programs, and gathering input for needed capital improvements and policy interpretations. D. Aquatic Center may be closed for periodic maintenance and renovation at a time determined by School District staff to be least disruptive to all parties. E. Any group claiming nonprofit status must submit, at request of staff, a copy of the group's constitution, bylaws or rules and regulations. Membership and meetings or activities must be open to the public. Fees, donations or admissions charged by the group must be limited to essential expenses of the group. The group treasurer will be required to submit a financial report following each activity when any of the above is collected. Activities shall not involve individual gain or be in the nature of a commercial enterprise. FEES AND DEPOSITS A. The fees charged for use of the Aquatic Center shall be established and periodically adjusted by a resolution of the City Council following Commission • review. 3 • I -11 B. The intent of these fees shall be that the Marian Bergeson Aquatic Center be operated on a self - supporting basis. C. The Community Services Department may require a cleaning fee from groups to permit a contract for a commercial maintenance service to clean the facility after a rental when necessary. FRIENDS OF THE MARIAN BERGESON AQUATIC CENTER The City Council recognizes the need for equipment and improvements to the Center, and thus encourages the formation of a nonprofit support group to be known as The Friends of the Pool. This group shall have the goal of enhancing the Aquatic Center and, although independent, shall provide the City with their perception of the community's needs in the Center's operation. Adopted - June 25, 1990 • Amended - January 24,1994 Formerly I -24 4 MARIAN BERGESON AQUATIC CENTER CITY OF NEWPORT BEACH COMMUNITY SERVICES DEPARTMENT 3300 NEWPORT BLVD., PO BOX 1768 • (949) 644 -3151 FAX (949) 644 -3155 NEWPORT BEACH, CALIFORNIA 92658 -8915 CS Staff Verification FACILITY USE /RENTAL APPLICATION The City Council, Parks, Beaches ft Recreation Commission, and Community Services Department issue this reservation contract in accordance with the policies as established. Please add any necessary additional information. ALL reservation forms must be signed and returned along with fees and deposits before consideration of use approval. SUBMISSION OF RESERVATION REQUEST DOES NOT CONSTITUTE APPROVAL. YOUR COPY WILL BE RETURNED TO YOU AFTER APPROVAL OR DENIAL. Reservations require a minimum of five working days to process. Title of Event _ Organization _ Mailing Address Phone Date Submitted President /Representative City FAX Date(s) Requested Driver's License # Zip Code Date Requested List each date Separately Day Rental Times Include set up &Tear Down Event Start Time End Time I Estimated Participants Estimated Spectators # Of Lanes Amplified Sound? • • Will facility be used to raise money /funds? Yes /No. If Yes, what will the net proceeds be used for? Will there be food concessions? Yes /No If Yes, list Concessionaire: Will vendors be present? Yes /No If Yes, list vendor(s): • Certificate of Liability Insurance with a minimum of $1,000,000 is required with application listing the City of Newport Beach as additional insured and provide a Letter of Endorsement with said coverage. Event insured I, the undersigned, on behalf of the above named organization, do hereby agree to defend, indemnify and hold harmless the Director of Community Services Department, It's personnel, the City of Newport Beach, the Newport Mesa Unified School District, and any of their officers, agents, or employees from any liability or claim or action for damages resulting from or in any way arising out of the use of the facility or equipment and will agree to abide and enforce the Rules, Regulations and Policies governing the facility as set forth by the City Council, Parks, Beaches & Recreation Commission, Community Services Department and Newport Mesa Unified School District. Said organization will accept all responsibility for any damage to premises, furniture, equipment, or grounds resulting from use of facility. PLEASE SEE "USE REGULATIONS" FOR DEPOSIT DUE AND CANCELLATION FEES AND REQUIREMENTS. I, the undersigned, have read the above statements and the general regulations of this contract, and understand them fully. Applicant Signature Approved By For Office Use Only Total Fees Due $ $250 Deposit Paid: Yes No Credit Card Date Date Paid by: Cash Check # Exp. Date Insurance Certificate /Endorsement Submitted: Yes No Notify Eastbluff HOA — Police Notified Comments: CITY OF NEWPORT BEACH COMMUNITY SERVICES DEPARTMENT MARIAN BERGESON AQUATIC CENTER (MBAC) USE REGULATIONS • GENERAL REGULATIONS: 1. The "Facility Use /Rental Application" and a deposit of 250 are due upon receipt of reservation. Rentals requiring a "Special Events Permit" must complete forms and pay all fees prior to rental approval. All applications for use shall be made on official forms provided by the Community Services Department. Special tournaments and /or annual events may be applied for no more than 12 months in advance. 2. Renter must declare any vendor requesting to conduct business at a group event. Each vendor must provide proof of a City of Newport Beach issued business license prior to the event date. 3. Permission to use the M.B.A.C. is granted subject to observance of all City, Newport -Mesa Unified School District, County, State and Federal taws, rules and regulations. Users permit may be revoked for any violations. 4. Cancellation of activities within (5) working days prior to scheduled use of the MBAC is subject to a $10 administrative fee. Cancellations made with less than (5) working days notice are subject to a 575.00 cancellation and $10 administrative fee. In the event of cancellation by the City, notice will be given as far in advance of the scheduled use as is possible under the circumstances. 5. Renters using the facility are responsible to pay for any damage to or loss of property. A fee equal to total replacement cost will be charged. 6. The City of Newport Beach is not liable for accidental injury to persons or loss or damage of group or individual property. In the best interest of the General Public, the City of Newport Beach requires the renter to furnish proof of Insurance by way of a commercial general liability policy in the amount of $1,000,000 naming the City of Newport Beach as additional insured with a required endorsement sheet (see example). • 7. Renter must supervise or provide supervision for groups composed of minors at all times while they are using the facility. 8. A City Aquatic Staff person(s) will be assigned to the rental. Staff shall be responsible for, and have complete authority over the MBAC, all equipment, participants and activities. Staff shall have the authority to request changes in activities or cessation of activities if the rules and regulations set forth in this rental packet are violated. Staff may also contact the police if renter refuses to comply with these requests or instructions. 9. When, in the opinion of Community Services Director, activity conditions warrant the presence of additional aquatic personnel, the cost of such service shall be borne by the group or organization sponsoring the activity. 10. Any signage, decorating or other alterations to the existing facility requires a Special Event Permit that entails additional fees. NOTE: No structure may be erected or assembled on premises, nor may any extraordinary electrical, mechanical or other equipment be brought thereon unless special written approval has been obtained from the Community Services Department. Any use of facilities shall comply with all state and local fire, health and safety laws. 11. No advertising shall be exhibited, no petitions circulated and no solicitation or sales made in public facilities or on public grounds without written permission from the Community Services Department. 12. All vehicles must obey parking regulations. If estimated attendance warrants, group will be responsible for parking lot signage and enforcement. • Renter must control parking for event /practice. All vehicles must be parked legally according to all city parking municipal codes. Cars parked in no parking zones or illegally in the residential area are subject to towing and are the responsibility of the reservation group. Groups are responsible to direct all parking into the school lots. 13. All permits will be issued for specific activities and specific hours. Usage must be within the allotted permit time. It shall be the responsibility of the organization to see that unauthorized portions of the facility are not being used and that the premises are vacated as scheduled. • Groups requiring time to set -up, tear -down or complete any additional preparation must include entire time on original permit. 14. Facilities and equipment are to be left in the same condition as they were prior to the activity. 15. Under no circumstances will Department equipment be removed from the M.B.A.C. • 16. Permits may not be transferred, assigned or sublet. 17. A responsible representative of the group must be present during the opening and closing of the MBAC. • The person who signs the application is responsible for and must be present at the event or practice. 18. Request for rental of the MBAC on legal holidays will be subject to staff availability and Director approval. 19. Future rental requests of any given group will be contingent upon care of property and equipment and observance of approved rules and regulations. 20. No gambling of any kind shall be conducted on or in the municipal facilities, and renter shall insure that no profane language or other disorderly or unseemly, conduct shall be allowed in the MBAC. 21. The MBAC shall not be used for purposes of advancing any doctrine or theory subversive under the Constitution of the United States. 22. The Community Services Director shall have the authority to determine the charges to participants for special programs. FOOD REGULATIONS: 1. The Director, or designated representatives will permit food and refreshments only in certain designated areas as determined. 2. Food concessions must have prior written approval from the Community Services Department. 3. Any exceptions to the above policies will be referred to the Director. • 4. NO ALCOHOLIC BEVERAGES OR BEVERAGES /FOOD IN GLASS CONTAINERS ARE ALLOWED ON THE PREMISESI SECURITY PERSONNEL: 1. If, in the opinion of the Director, an activity condition warrants the presence of one or more security personal, the cost of such service shall be borne by the group or person sponsoring the event. 2. If, after proof of security has been submitted to Community Services, said security is not present on date of activity, the City Staff in charge may request the group to discontinue activity and ask the group to leave the area. CLEAN -UP RESPONSIBILITIES: 1. Renter is responsible for keeping the pool, restrooms, deck area and bleachers clean. Group must pick up trash during and after activity. 2. At the conclusion of the activity and clean -up, the group representative is required to participate in a Condition of Facility Inspection conducted by City Staff. 3. If deemed necessary, the renter group may be subject cleaning or equipment replacement fee. U MARIAN BERGESON AQUATIC CENTER JOINT POWERS AGREEMENT The Marian Bergeson Aquatic Center is operated and maintained under a joint powers agreement between the Newport-Mesa Unified School District (district) and the City of Newport Beach (city). The following summary of operational rules and regulations is offered to clarify the use of the center. CITY OF NEWPORT BEACH HOURS: SCHOOL YEAR MONDAY- FRIDAY 3:00 p.m. -9:00 p.m. SATURDAY- SUNDAY 8:00 a.m. -9:00 p.m. (Events will not start before 8:00 a.m.) SUMMER VACATION & SCHOOL HOLIDAYS: MONDAY- FRIDAY 6:00 a.m. -9:00 p.m. SATURDAY - SUNDAY 8:00 a.m. -9:00 P.M. (Events will not start before 8:00 a.m.) IMPORTANT NOTE: The following noise regulations pertain to all users: • No whistle use prior to 8:00 a.m. • No live music during any event. • Amplifier, loudspeaker, or Public Address systems for announcements, anthems, etc. may be used between the • hours of 9:00 a.m. to 8:00 p.m. and requires completion of a Special Event Permit and additional fees for use (see enclosed form). • Use of amplifier, loudspeaker, or Public Address system for cheerleading is prohibited. MAINTENANCE /CUSTODIAL: Maintenance /custodial services are required for swim meets /special events and are handled by Newport-Mesa Unified School District. Renter must complete NMUSD FACILITY USE PERMIT, attach applicable fees and turn in with City application. Fees are as follows: $110.55 3 hour minimum $36.85 /hour beyond 3 hours • CONDITION OF FACILITY • • Upon arrival time on the day of the event the user, who is the responsible applicant, must initially inspect the premises with a city staff person and complete this report which serves as a check list to insure there is no disagreement as to the condition of the facility before and after the event. • The applicant accepts responsibility for the actions of all participants and spectators within the group and all areas of the facility utilized by the group including restrooms. The facility must be left in the exact order it was accepted including restrooms, bleachers, office /meeting room, pool and deck. • At the end of the reservation, it is the responsibility of the applicant to inspect the premises with a city or NMUSD staff person and complete the condition of facility report. ORGANIZATION RESERVATION TIME to MARIAN BERGESON AQUATIC CENTER CONDITION OF FACILITY REPORT REPRESENTATIVE LIFEGUARD ON DUTY EVENT INFORMATION (POOL ARRANGEMENT, VENDORS, PARTICIPANTS \ SPECTATORS, ETC.) SOUND CHECKS MADE BY STAFF: Before Event Begins (Time) During Event (Time) • RESTROOMS (clean, stocked) DECK (clean, crowd control) OFFICE/TEAM ROOM (traffic, phone control) POOL (cleanliness, arrangement, equipment) TRASH (can levels, full bags in dumpster) PARKING LOT (signs, attendants, legal parking) LIFEGUARD SIGNATURE: COMMENTS: CHECK IN CHECK OUT DATE /TIME /, MARIAN BERGESON AQUATIC CENTER RENTAL FEES £t SCHEDULE Types of Use Shared Use: Renter shares pool space with city programs. Exclusive Use: Group Classifications: Renter has exclusive use of the pool. Non - Profit Renter must show proof of non - profit status. • Private College /Private School teams, Ctub Teams. • Commercial Businesses, Filming Companies, Photographers, etc. Non - Profit Private Commercial P Resident Non - Resident Resident Non - Resident Resident Non- Resident Shared Rate $40 /hr. $45 /hr. $80 1hr. $100 /hr. $200 /hr. $230 /hr. Energy Surcharge $40 1hr. $40 /hr. $40 /hr. $40 /hr. $40 /hr. $40 /hr. Exclusive Rate $70 /hr. $75 /hr. $150 /hr. $170 1hr. $280 /hr. $300 /hr. Energy Surchar a $40 /hr. $40 /hr. $40 /hr. $40 /hr. $40 /hr. $40 /hr. P PARKING Et NOISE REGULATIONS • MARIAN BERGESON AQUATIC CENTER Residents directly across from Corona Del Mar High School Pool /Marian Bergeson Aquatic Center (east side across from high school, in an area called Eastbluff) are severely impacted by pool events. Whistle sounds bounce off the pool walls and travel directly into their neighborhood. Spectator's park in front of homes and driveways causing congestion and frustration. In order for large events to continue at the Marian Bergeson Aquatic Center, the applicant must adhere to the following: PARKING: 1. Renter must post "NO EVENT PARKING" signs in front of the Eastbluff entrance located on Eastbluff Drive across from school parking lot. Signs are available at City of Newport Beach General Services Department. Applicants may call Paul Ramirez at 949 -644 -3053 to arrange for and pick -up barriers ii signage. 2. Renter must station a minimum of (2) two parking attendants (for entire event) to direct parking into the high school parking lot, or exterior parking around the high school. One of the attendants needs to make sure that spectators/ participants are not parking in the Eastbluff neighborhood. NOISE: 1. We realize that whistles /starter boxes are necessary for water polo matches and swim meets. We ask that officials use whistles only when necessary and that amplified sound is monitored from outside the pool to insure that sound cannot be heard beyond the schools parking lot. Eastbluff residents should not be impacted by amplified sound. 2. Applicant /Renter must make sure all participants and spectators exit the pool area 30 minutes after the • tournament /meet has ended for the day. Renter must stay until the pool is vacated and secure the facility. EVENT GUIDELINES LIFEGUARD RATIO /FEES A Community Services lifeguard is automatically staffed to each event and is included in the hourly rental charge. Additional lifeguards are $15 /hour per guard and are required according to the following participant numbers: Meets of 100 -299 participants 1 additional guard Meets of 300 -499 participants 2 additional guards Meets Of 500+ participants 3 additional guards The opening /closing lifeguard is responsible for reviewing the "Condition of Facility" checklist with the renter at the beginning and end of each event /day. • •V PB &R Commission Agenda Item No. t_ August 7, 2001 TO: FROM: Parks, Beaches and Recreation Commission General Services Director SUBJECT: Tree Removal Request Recommendation To approve the removal of one City Ceratonia siliqua (Carob) tree located at 521 Fernleaf Avenue due to repeated public and private property damage, and tree decay. History Mr. Barry T. Faber, property owner of 521 Fernleaf Avenue, has submitted the attached Tree Removal Application pursuant to City Council Policy G -1 requesting the removal of one City Ceratonia siliqua street tree adjacent to his property. Staff has attached a Tree Inspection and Tree Appraisal Report, Tree Record, copy of Claim for Damages and related documents, and photo, all related to the request. Discussion The applicant has indicated a repeated history of tree root damage to public and private property. The Risk Manager has confirmed that the damage is attributed to the City parkway street tree. Staff recommends tree removal and replacement due to severe tree decay and the hazard created by its proximity to persons and property. This recommendation is pursuant to the guidelines of the G -1 Policy. Mr. Faber has received a copy of this report and notice of the Commission meeting. Very respectfully, David E. Niederhaus DEN /JC /pw Attachments: (1) Tree Removal Application. (2) Tree Inspection and Appraisal Reports, Claim for Damages and related documents, and Tree Record. (3) Photo F-1 CITY OF NEWPORT 131�AC;H General Services Department IECFIXIF D Tree Removal or Reforestation Application JUN 0 7 2001 Per City Council Policy G -1 (Retention or Removal of City Trees), I am Le4nelting the removal to be reviewed by staff and submitted to Parks, Beaches, and Recreation Commission for consideration at a future meeting. Commission meetings are held on the first Tuesday of each month (expect for holidays) at 7PM at the Council Chambers. ! MATURE CERA*OMIA S;LIQUA (CAROB TREE) Indicate the number and specie(s),(if known) of tree(s). Located at: 521 FERNLEAF, CORONA DEL MAR Please be specific as possible Requestor 90ther Property Owner Community Association Signature: Print Name: Address/Phone 16 PINEHURST LANE 949 759 0088 i n Date: BARRY T. FABER Removal Criteria (Check one or morel Please provide copies of photos, bills, documents or any other related material that will verify the checked items. =Proven and repeated history (two or more occurrences within an 18 month period) of damaging public or *private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities or foundations. ('exceeding 5500) Repeated history of significant interference with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage. =Dying Has no prospect of recovery. Diseased Cannot be cured by current arboricultural methods. In advanced state of decline with no prospect of recovery. ®Hazardous Defective, potential to fail, could cause damage to personslproperty upon failure. Assessment by Urban Forester will identify structural defects, parts likely to fail, targets -if fails, procedures and actions to abate. =Beautification In conjunction with a City Council- approved City, commercial, neighborhood, Project or community association beautification program. 7/00 i i i i i "MUMMIF11 Reforestation is the systematic removal and replacement of problematic trees at that have been unresponsive to modifying treatments. The entire cost of tree removal and replacement of a tree is bome by the requestor. The range of cost is $600 to $1,000 per tree based on the size of the existing tree and the availability of a 36" boxed replacement tree. As initiated by: Property Owner Community Association Other Check all items applicable: Tree(s) causing curb, gutter, sidewalk or underground utilities damage. View encroachment Area has clearly defined contiguous boundaries that include the tree(s) proposed. Supplemental tree trimming tried twice within one year Group application must include a signed petition of at least 60% of the property owners within the defined area. 'Groups are defined as at least 10 properties in any given City area. =Application by a legally established community associations governed by CC &R's. Requires notification prior to voting by Board, of affected property owners. (Individuals within an association must petition through their respective associations.) �Ind lvidu ro er y owner's requests accompanied by a signed petition of at least 60% of • the neighboring property owners within a one block distance in either direction from the -reforestation site, as well as the written endorsement of the appropriate homeowners', association, if applicable. A request for reforestation requires 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 the removal activity. The actual removal and replanting will be coordinated by the General Services Department using the City tree service contractor. Each street in the City has a designated street tree by species. Only replacement tree(s) designed by the Designated Street Tree List will be considered. A minimum of a one-for-one replacement is required and a minimum size of 36" boxed tree(s) must be planted. Where space does not allow this accommodation, replacements will be planted in the same neighborhood. Normal removal and replacement costs will vary from $600 to 51,000 per free and are the sole obligation of the property owner who is making the request. This form does not replace the requirements of any of the City tree policies. Its use is Intended to expedite the tree removal or reforestation requests and to ensure compliance with all City requirements. Please refer to individual Council Policy Gl for additional information. Requestor Comments: Removals, except emergency, will be subject to the notlfrcation processes, time frames and authority as specified in the City Council G -1 Policy. 7/00 TREE INSPECTION REPORT Name: Mr. Barry T. Faber Address: 16 Pinehurst Lane Phone Number: (949) 759 -0088 Request: Remove tree at 521 Fernleaf Avenue due to property damage. Botanical Name: Ceratonia siliqua Common Name: Carob Designated Street Tree: Archontophoenix cunningham (King Palm) • Estimated Tree Value: $3,390.33 Damage: Repeated history of property damage. Parkway: Concrete Brick Turf Other Comments: City records and attachments indicate property owner has filed a claim of an unknown amount. Inspected by: Date: JoiVn Conway Recommendation: The applicant has indicated a repeated history of tree root damage to public and private property. City records have verified this claim from the City's Risk Manager's office. Due to severe decay and the proximity of the tree to persons and property, staff recommends tree removal and replacement. This recommendation ' based upon a repeated history of damaging public and private property as outlin MA G -1 Policy. Reviewed by: Date: 11 �i %►IJ • Marcelino . Lomeli II � \ .�W � W9 �a 0 w s k k § 2 § � z § � � \ § w \ \ § § � �2 < u k ) k§ y f \0 § k §§ ~ \�\ 2 % 0 • .. O N O R N O ri C 00 ly m > ¢ 0 c O = F ci 0 a `V ++ E N O ^.a l) } i-� Cd Q E Q U Z m �y lL rl V U E W ° LL Q LL m¢ W N Z of W W m a N o Z c d i6 � N mlm El= z U N C �E O E2 000 U IN Y C 2 O N a E z' v a@i m O m Z) E i O - Q -01 m Co end Z 0 30 Z O E U 0 0) M E m 0 0 J O O J t le�l U dlE m a E J U 7 d � N O 3 U O U � m C 3 o m .a o a H c •a° o. C N d 0 o g 3 C -a , • 0 PARFZ TREES ^ ::aye .' ` ^'• -' au c:,s;;;.. CLAIM FOR DAMAGE AGAIMRT UR. 1. Name of Claimant, 2• Address of Claimant 3. Address to which notices are to be sent: 4. Date, place, atxt other circumstances of the occurrence or transackion which gave rise to the claim J' asserted: �< f i Fc itn lon ^ � n ! t rry h n r qtr - r• ;',.I^Dd hov , u1 05 ��s, ��> y GL o2r^io 'r"r'T 74'7TT'pl�- r 5. General description of indebtedness, obligation, injury, lama ge, or loss incurred:: cQta ,,,An ey r v l�ll fae f /r in / +� r 6. �Val 11 Police report takent 7• Name(s) of the City of Newport Beach employce(s) causing the iryury, damage or loss, It known: t t. 8• The amount claimed as of the date or presentation of the claim, including the estimated amount* of any prospective injury, damage or loss, insofar it }M1� r as may be known at the time of presentation Of this claim, together with the basis of computation of the amount claimed: w? l'2 Signature of claimant or his /her authorized representative: F1 ]. Today's date: 4a Telephone number: f 9 7( '� sree code Please send completed form to: City Clerk CIty of Newport Beach \ ' Post Office Box 1766. Newport Beach, California 92658.8915 January 3, 2001 Barry and Eleanore Farber 16 Pinehurst Lane Newport Beach, CA 92660 RE: Principal City of Newport Beach D/Event 6/7/00__. __._ I —_.__. Claimant Barry and Eleanore Faber Our File S106939 MRE Dear Mr. and Mrs. Faber•, We are the new claims adjusters handling the above captioned claim, transferred on behalf of the City of Newport Beach. Acknowledgment is made by this correspondence, of our conversation this date wherein we discussed the claim that you have submitted to our principal. We understand that you will • contact us upon the return of your husband on Tuesday for the arrangement of a meeting to inspect the property. Should you have any questions or comments, please do not hesitate to contact the undersigned at (800) 572 -6900 x141. We appreciate your patience in this unfortunate matter. Very ;4y Yours, Reed Carl Warren & Company cc: City of Newport Beach, Risk Management • CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Olive • Ste 400 . orange, CA 92868 Mail: P.o. Box 25180 • Santa Ana, Ca 92799-5180 ph*": (114) 740 -7989 . (soo) 612 -6900. F.w: (7] 4) 740 -9412 ttEIiIC • 0 BARRY T. FABER 16 PINEHLIR5T LANE NEWPORT BEACH, CALIFORNIA 92660 / «7M. - .� / ►ZBmd ;o �, �7 y� or Barry and Eleanore Farber 16 Pinehurst Lane Newport Beach, CA 92660 RE: Principal D /Event Claimant Our File Dear Mr. and Mrs. Faber; _.i April 4, 2001 City of Newport Beach 6/7/00 Barry and Eleanore Faber S106939 MRE Jti 0 7 2001 uO rr.r i. : i _ As you know, we are the claims adjusters handling the above captioned claim, transferred on behalf of the City of Newport Beach. The attached Estimate has been submitted to our principal for settlement authority. The Estimate reflects our inspection of the property and discussions with you. • As discussed, the front room of the residence measuring —14' x 171 and the fireplace remain open pending further inspection and testing for the existence of tree roots beneath the slab. This matter has been referred to Sunny Hills Restoration and Mr. Bill Roy at (714) 259- 9999. Testing will be conducted upon yours and your tenant's schedule anticipating one day of work /testing, hopefully, as soon as is practical. Please contact the undersigned regarding the scheduling of this aspect of the claim. At that time a determination will be made as to whether the shifting or breaking of the slab was the result of earth movement over time, or somehow directly related to grovnh of the parkway tree. Should there be no tree involvement or its primary root system be found not to directly relate to the slab damage, then the repair and replacement must be completed at the expense of the homeowner. Of course should the opposite be true, then the City would be involved to the extent that the source can be traced to a City tree. We app ie6iate your cooperation in this unfortunate matter. Yours, CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400 • Orange, CA 92868 Mail: P.O. Box 25180 . Santa Ana, Ca 92799 -5180 Phone: (714) 740 -7999 • (800) 572 -6900 • Fax: (714) 740-9412 • • Barry and Eleanore Farber 16 Pinehurst Lane Newport Beach, CA 92660 RE: Principal D/Event Claimant Our File Dear Mr. and Mrs. Faber; April 4, 2001 City of Newport Beach 6/7/00 Barry and Eleanore Faber S 106939 MIL[: As you know, we are the claims adjusters handling the above captioned claim, transferred on behalf of the City of Newport Beach. The attached Estimate has been submitted to our principal for settlement authority. The Estimate reflects our inspection of the property and discussions with you. As discussed, the front room of the residence measuring —14' x 17' and the fireplace remain open pending further inspection and testing for the existence of tree roots beneath the slab. This matter has been referred to Sunny Hills Restoration and Mr. Bill Roy at (714) 259- 9999. Testing will be conducted upon yours and your tenant's schedule anticipating one day of work/testing, hopefully, as soon as is practical. Please contact the undersigned regarding the scheduling of this aspect of the claim. At that time a determination will be made as to whether the shifting or breaking of the slab was the result of earth movement over time, or somehow directly related to growth of the parkway tree. Should there be no tree involvement or its primary root system be found not to directly relate to the slab damage, then the repair and replacement must be completed at the expense of the homeowner. Of course should the opposite be true, then the City would be involved to the extent that the source can be traced to a City tree. We app Cate your cooperation in this unfortunate matter. Yours, CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400 • Orange, CA 92868 Mail: P.O. Box 25180. Santa Ana, Ca 92799 -5180 Phone: (714) 740 -7999 • (800) 572 -6900 • Fix: (714) 740 -9412 BARRY T. FABER 16 PINEHURST LANE NEWPORT BEACH, CALIFORNIA 92660 April 12, 2001 Carl Warren & Co. 750 The City Drive, Suite 900 Orange, CA 92868 RE File No. 5106939 MRE Attn: Mr. Michael Reed Dear Mr. Read; Regarding your letter of April 9, 2001 indicating and estimate for repair to 60 square feet of concrete and removing and resetting 110 bricks. This repair work will certainly remove the dangerous aspect of the damage but does not take into consideration the source of the damage - the tree. What are the intentions regarding the tree? I am of the opinion that the source of the damage must • be addressed. I have telephoned Mr. Roy at Sunny Hills Restoration and to date we have not been able to get together to inspect the property. I am confident that a meeting will be agreed to in the immediate future. The damage is becoming more acute as time passes. I will keep you informed of the status. Very truly yours, &V, Eleanor C: Faber cc: Ms. Lauren Farley Risk Management City of Newport Beach 0 A • is BARRY T. FABER 16 PINEHURST LANE NEWPORT BEACH, CALIFORNIA 92660 May 14, 2001 Mr. John Conway Urban Forester City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re 521 Fernleaf, Corona del May Tree Damage to existing building Dear Mr. Conway; DECEIVED MAY 17 2001 +aS PARKS /TREE,,, This property has been inspected by Mr. Bill Roy of of Sunny Hills Restoration and Mr. Michael Reed with the Carl Warren & Co. I have been told that the damage to the building is due to tree roots. I have also been told that to correct any problems with trees that belong to the City the office of Urban Forester must be contacted and make a determination for action. I respectfully request that you give this matter your attention promptly as the damage is becoming more acute. The original claim was filed June 4, 2000. Attached are recent copies of correspondence regarding this problem for your files. The best time to reach me is early mornings at (949) 759 0290. Thank you for your attention to this matter. Very truly yours, Barry T Faber Encl: original Claim, June 4, 2000 Insurance Consulting Associates Letter of November 3,2000 Carl Warren letter of Jan 3, 2001 Carl Warren letter of April 4, 2001 our letter of April 12, 2001 i CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Mr. Barry T. Faber 16 Pinehurst Lane Newport Beach, California 92660 Dear Mr. Faber, May 21, 2001 This letter is in response to your correspondence dated May 14, 2001 and your concerns regarding property damage due to invasive tree roots. I believe that your best course of action regarding the City tree based upon your claim and settlement with the City of Newport Beach would be to request a tree removal. Please review the attached City Council Policy G -1 and Tree Removal Application. If you decide to proceed, complete the application, sign it, attach copies of any invoices and other related materials that support your request, and send these documents to my Sattention at; City of Newport Beach, General Services Department, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, CA. 92658 -8915. I will prepare a report on your behalf that will include copies of your claim with the City, and your correspondence with the Risk Manager's Office for consideration by the Parks, Beaches, and Recreation Commission (PB &R) at a future meeting. The PB &R meets every first Tuesday of the month at 7:00 PM in the City Council Chambers at 3300 Newport Boulevard. It is necessary for you to make arrangements to attend the PB &R Commission meeting at which your request will be considered. You will be sent a copy of my report along with notice of the PB &R meeting date that your request is scheduled to be reviewed. If you have any questions please contact me at (949) 644 -3083 or by email at iconwavOcity nenort -beach ca us. Sincerely, Jobutonway, Urban Forester • General Services Department Attachment G c 3300 Newport Boulevard, Newport Beach L I s • BARRY T. FABER r 16 PINEHURST LANE 1CCC' r it VED NEWPORT BEACH, CALIFORNIA 92660 JUN o 2001 June 4, 2001 City of Newport Beach General Services Department 3300 Newport Blvd P.O.Box 1768 Newport Beach, CA 92658 -8915 Attn: mr. John Conway re Tree removal 521 Fernleaf, Corona del Mar Dear Mr. Conway; Attached is a tree removal application for the above property. To date two estimates have been received (copies attached) concerning the exterior repairs and repair to building slab and landscaping costs to remove roots and various shrubs and sod and sprinkler system. As a matter of interest, attached is a copy from Sunset Western Garden Book referencing this tree. If you have questions I can be reached at (949) 759 0088. The best time to reach me is early morning. Thank you for your Assistance. Very truly yours, r / Barry T. Faber enc: copy of Warren estimate Copy Sunset Garden Book Tree removal application Copy Sunny Hills Estimate • ESTIMATE OF REPAIR Location: 521 Femleaf, Barry and Eleanore Faber Damage: Root damage to sidewalk— interior slab is open. Our File # S 106939 MRE Adjuster: Michael Reed n J :1 0 7 2001 Remove 60sq' of concrete (4" thick) @ 1.20 per sq' (min) $100.00 Replace 60 sq' of concrete (1.12(labor), 1.05 (mat.))@ 2.17 per sq' (min) 250.00 Dump charge/hauling minimum 50.00 • Remove and reset 110 bricks without mortar 2 hrs @ $ 15.00 /hr 30.00 Replace spacer boards /decorative 40' Mat $1.33 .8 @ 15.00 68.20 Tax on materials $100.45 @.0750 % 7.53 3.54 Sub total $505.73 profit and overhead 020% +101.15 TOTAL TO REPLACE $606.88 • Front room of the residence measuring –14' x 17' remains open pending further inspection and excavation. This has been referred to Sunny Hills Restoration, Bill Roy at (714) 259 -9999 and invasive testing will be conducted upon yours and your tenants schedule anticipating one day of work/testing. Michael Reed • 06/01/2801 09:04 7142582118, SUNNVHII_LS PAGE 01 • 1999 S na Ca Scrota Ana, Ca 92727 05 714.259 -9999 Lie 721661 Tax ID 33. 0239378 Typo of Estimate: Tyro of Edi nda: OTHER CHext: Clio: BaryFabar Hoer: 521 Fainter[ Corona Del Mer, CA BC Estimater: EetnmaTa: Hill Ray Reference: CaMPaey: Cad watts a Camay >a: 750 The City Drive. Suite 400 OMW. CA 92868 • I Dates: ` DateEaaenai: 5/i820o1 PrioeLiat: CALA9SIB 12atimata; 1 -FABER Cky tree Loofa hove seas Up wader sob. • JR 0 ? 2001 Elam; (949) 759.A290 Budnm; (714) 740 -7999 Date Anigoed: 5/18/2001 Sunni Hills RatemOon tli 1999 S Ritchey St. • 714.559 -99 Ca 9" j U i( 0 7 2001 Lie 721661 Tax fD33 -0239378 J ih:Y1t. 9 0 1 -FABER . Room: Living Room L:WsB 19'0" :13'6" = 8'0" _ .... ° '� Flaw 776.50 SF Walla & Cruling 236.50 SF 28.50 SY Floating 65.00 LF Floor Perimetar 152.00 SF Long wau 108.00 SF Sham Wan 65.00 LF Ceil. Pe imeter WDT BLNDRS + window blind - horizontal ur vertical - Detach & real 3 3.00 FA 22.49- 67.35 an BLND + Clean window blind - horaouial or vertical 112 112.00 SF 0.61. 68.32 CON ROOW + Contents - move out then reset - Large mom 1 1.00 EA 60.26+ 6026 FCC AVRS + Carpet - Detacb & relay F 256.50 SF O.SI= 130.82 FCC PAD & R&R Carpet pad F 256.50 SF 0.07+ 0.40- 120.56 CLN FCC + Goan and dwdo i= carpet F 256.50 SF 0.29= 74.39 PNT P2 + Paint the surface area -two coats 430 430.00 5F 0.43- 184.90 PNT AC + Seal & paint aomme coiling (popcorn) toca re C 256.50 SF 0.68- 174,42 • PNT MAS + Paint masonry 90 40.00 SF 0.86= 77.40 • PNT PNL + Paint panel door 1 1.00 EA 27.62= 27.62 PNT 82 + Paint basebosrd -two coats PF 65.00 LF 0.81= 52.65 PNT MASKLF + Mask and prep for paint PC 65.00 LF 0.87- 56.55 PNT LVR + Paint door slab only - full louvered (per site) 2 2.00 EA 38.02 76.04 PNT DORT + Paint docrAvmdow trim & jamb (per side) 2 2.00 EA 17.34= 34.68 CNC MAS W + Concrete - mask walla to prevent damage PF 65.00 EA 0.87- 56.55 • CNC SAWSL + Concrete cutting - slab (per LF inch) 40 40.00 LF 5.67- 226.80 I -FABER 05/21l2W1 Page: 2 • • uo / SUNNVHILLS PAGE 03 Sunny H1lls Restoration 1999 S Ritchey St Santa Ana, Ca 92705 714 -259 -9999 Lic 721661 Tax 0 33-0239378 CONTINUED - lAviug Room ROOM TOTAL I1vin8 Haas 6.190.x1 .1. Room: Exterior 1- FABER 0541/2001 Pap:3 1 1.00 EA 319.50+ 319.50 • DMO CNC - Remove Dcuuktion m concrete - teer up ooncreto to 1emom rang 1 1.00 EA 168.00+ 168.00 • DMO TREE - Remove Dawlition - dig art mote from undernee& slab 1 1.00 EA 190.00+ 190.00 LAB CLN + Claenin8 Technician - per Lots 8 8.00 Flit 21100= 168.00 PNT OF + Paint door or window opening (per aide) 4 4.00 EA 17.34= 69.36 CNC SLA & R6.R Cowatc slab on godc - 4" - Gnisla:d in place 300 300.00 SF 1.74+ 1.95= 1,107.00 DMO DTRUCK - Remove Single axle dump truck - per losd - including dump few 1 1.00 EA 165.05+ 165.05 • CNC SMALL. + Concrete mall load chatpe 1 1.00 FA 118.00= 118.00 • FPL MN + Fireplace repair - Minimum charge I 1.00 EA 2,400.00= 2,400.00 ROOM TOTAL I1vin8 Haas 6.190.x1 .1. Room: Exterior 1- FABER 0541/2001 Pap:3 • 11 --'.- ter---- --- y- ilYGI..I1I S NNYHLLLS Sonny III&Resteration F'AUL b4 1999 8 Ritchey 34 Santa Ant, Ca 92705 J L C i O 7 2001 714 -259 -9999 Lic 721661 Tax M 33-0239378 -0 f-AhK , — - 52.5 • CNC STEP 1 MAS PAV+ 42 ROOM TOTAL: Exterior CONTINUED - Exterior R R&iz Concrete slab on grade - 4" - finished is p waiitway 52.50 SF 1.74+ + Camvw weppmg sane & salt finish pattern 1.00 EA & R&R Paver brick - Rob grade 42.00 SF 1.49+ Room: Landscapiag concrete 1.95 193.73 1501000C 150.00 8.01= 399.00 M73 • DMO SOD Remove Demahnca - Sod, shrubs, hedges, and remove roots. 1 1.00 EA 1,800.00+ 1,800A0 DMO DLW- - Remove Dumpa w lord .. 1 1.00 EA 319.50+ 319.50 • XST SOD + Replace sod 1 1.00 EA 2,400.00- 2,400.00 • XST SIMLMS + Replace shrubs 4 4,00 EA 25A0- 100.00 EQU ROTO + Roto tiller rental - row till roots 1 1.00 EA 0.00 • SPE PLANT - 10 gallon plants - rubber 2 2.00 EA 50100- 100.00 • SPE PLANT + 10 Sallan hedge plants 18 18.00 EA 25,00 450.00 1 -FABER 05/21=1 Page:4 rc,iocila 5l NNYM1LL5 PAUL UD Soanny H111e 11udo Sf106 . 1999 S nai, CaY S2 Sam Ana, ca 927os 714-259-99W iic 72 66611 JUN 0 l 2001 Tax D 33 -0239378 CON'I'IIQUED - Lwmlm*PiOE PLM SP + Phaobing wrickW 953b= - reP]a= 1 1.00 EA SP6 PLANT + htetall plants w4bmdch 1 1.00 EA TWAG 1 ,200.00- 1,200.00 350.00- 350.00 6.11950 LAW bm moan 1 -FASEt 17,14643 520.00 SF wdis 256.50 SF hoar • 1 -FARM • 296.50 SF Calif 28.50 SYP ming 776.50 SF Walls & CO"S 65.00 LFFlowporimeter 05/21/2001 Pa1pe:5 uc /nl /zees 0C:b4 7142582118 SUNWHILLS PAGE 06 Sunny HUb Ratentbu 1999 S Rito6ey St. 1t J!.1 0 f 7 Santa Ana, Ca 92705 • 714- 259.9999 Lia721661 Tax m 33 -0239378 13.746.45 TiAd Lie° Rana Ovahaed 10.00% 13,746.45 074.65 p 10.00% � 13,746.45 1374.65 MatwwSacs Tax 7.SOD% 3,186.11 238.95 Bill Roy 0 1 -FABMt F- -I L A 05,21aO01 Pap; 6 �ia a.o • • Go!Gt!c��t G6: G4 •1uLbCL11C SUNWHILLS PAGE 97 � F J; - N 0 7 2901 Ll ' % CORPORATE OFFICE 1314 Saudtpuinl Blvd., Suite 25o PlITALUMA CA 94974 (707)778 -1111 !.800.225.6422 FQ4 (707)778.8213 SOOTIIERN CALIFORNIA REGIONAL OFFICE .•7451 Buuu hury Rd., Suite 1040 YORBA LINDA CA 92815 Ql4) 964.2711 F4a (714)961.2717 SACRAMENTO REGIONAL OFFICE J777 Madison Av (o Suite6lo ;f (916)34R-4721 ,:snwq 'n;" " 4678T,2623.2M7858464 9612717 I!IIIN NSURANCE r. June 12, 2000 P . 0 CCONSULTING A SSOCIATES, INC w L1biUA,. CA 92885 4074 Barry & Eleanor Faber 16 Pinehurst Lane Newport Beach, CA 92660 RE: Our Client: Claimant: City of Newport Beach Date of Loss: Faber, Barry &Eleanor Unknown ICA File No.: Y- 040 -1563- 000 -75 Dear Mr, & Mrs. Faber: We are the independent claims adjusting firm hired by the City of Newport Beach to assist in the handling of the above - captioned matter. Additionally, please accept this correspondence as formal notification of the current status of the above - captioned matter. We are currentlyinvesti atin g g your claim presented against the City of.Newport Beach and shall, of course, keep you apprised as appropriaterMr. Terrence M Green of this office shall be handling this matter through conclusion and; should - . You so desire, please feel free to contact him directly. Additionally, and again should you so desire, please feel free to contact me directly Should you have any questions pertaining to this correspondence .specifically, or should you wish to discuss this matter further and personally. Sincerely, �f Robert A. F man Southern alifornia Regional Claims Manager RAF:pb cc: NS / Lauren Farley 'i ;AI&63 UE T1 Inte;li- PsobetA Risk and Claims Infafmatlon Technology •Risk Mnage mnt •Claims - r Administration /Adjusting Insurance Adjuster License No. 2607524 a.. CORPORATE OFFICE 1304 Southpoint Blvd., Suite 250 PETALUMA CA 94954 (7077) 778 -1118 1- 800 - 225.5422 Fax (707) 778 -8213 SOUTHERN CALIFORNIA WIONAL FICE FILE 17451 Bastanchury Rd., Suite 1040 YORBA LINDA CA 92886 (714) 961 -2711 Fax (714) 961 -2717 SACRAMENTO REGIONAL OFFICE 5777 Madison Ave. Suite 610 SACRAME O CA 9 41 (916) 48 7 ax (916) 348 -4721 � a I qws fiO11Pl� IRMp(Xi YR/wfF zwumu i 1,543 111111INSURANCE C ONSULTING 1'. O. 13OX 74 • Y01213A LINDA, CA June 27, 2000 Barry & Eleanore Faber 16 Pinehurst Lane Newport Beach, CA 92660 RE: Our Client: City of Newport Beach Claimant: Faber, Barry & Eleanore Date of Loss: Unknown ICA File No.: Y -040 -1563- 000 -75 Dear Mr. & Mrs. Faber: //////n\\\\ \\ SSOCIATES, INC sm We are the independent claims adjusting firm hired by the City of Newport Beach to assist in the handling of the above - captioned matter. Additionally, please accept this correspondence as formal notification of the current status of this matter. We are currently involved in the investigation of your claim presented against the City of Newport Beach and shall, of course, keep you apprised as appropriate. Mr. Terrence M. Green of this office shall be handling this matter through conclusion and, should you so desire, please feel free to contact him directly. Thank you for your patient cooperation throughout the handling of this matter, and as always, please feel free to contact me directly should you have any questions pertaining to this correspondence specifically, or should you wish to discuss this matter further and personally. Sincerely, Robert A. Fre an Southern ifornia Regional Claims Manager cc: NB / Lauren Farley OA915638&EF.LT2 Intelli- Probe® Risk and Claims Information Technology • Risk Management • Claims Administration / Adjusting Insurance Adjuster License No. 2607524 a areq,� 3§� n ?4ans1�� CORPORATE OFFICE 1304 Southpoint Blvd., Suite 250 PETALUMA CA 94954 (707) 778-1118 1 -800- 225 -5422 Fax (707) 778 -8213 SOUTHERN CALIFORNIA gGIONAL FFICE 17451 Bastanchury Rd., Suite 104C YORBA LINDA CA 92886 (714) 961.2711 Fax (714) 961 -2717 SACRAMENTO REGIONAL OFFICE 5777 Madison Ave. Suite 610 SACRAMENTO CA 95841 (916) 348-4720 Fax (916) 3484721 u�. miv,uom* SYiAHfF �nOlVnfPS/ U 1111111 NSURANCE C ONSULTING "m SSOCIATES, INC. BOX 74 • YORBA LINDA, 6, 2000 Barry & Eleanore Faber 16 Pinehurst Lane Newport Beach, CA 92660 RE: Our Client: City of Newport Beach Claimant: Faber, Barry & Eleanore Date of Loss: Unknown ICA File No.: Y- 040 - 1563- 000 -75 Dear Mr. & Mrs. Faber: We are the independent claims adjusting firm hired by the City of Newport Beach to assist in the handling of the above - captioned matter. Additionally, please accept this correspondence as formal notification of the current status of this matter. Upon receipt, please contact the undersigned so we may schedule a mutually acceptable time within which to meet and discuss your claim in greater detail. We look forward to your timely response and anticipated cooperation. Sincerely, ("' �Iv4V_416e�lj � I AU_41( � Terrence M. Green Claims Supervisor TMG:pb cc: NB / Lauren Farley 1111 NSURANCE CoNsuLnNGAssoc.Es, B TERRENCE M. GREEN CLAIMS SUPERVISOR 17451 BASTANCHURY RD. - SM. 304C, YORBA LINDA, CA 92 (714) 961 -2711 • PAX (714) 961 -2717 ` Insurance Adjuster State License No. 0607524 41% ::y H�r�s • �rla��re eEHEn• cl ", I1c. • • Dkval 9e Flepalr rrlae, aits.pt; ce Co• Sr 1ngso.cW.rw tom. lass S. niche Santa Ana, CA 927 05 Des ethos (714) 259. 999 BILL ROY Intelli- Probe® Risk and Claims Information Technology • Risk rvla,,..d_ -. �M• (714) 2 59S7B4 Insurance Adjuster License No. 2607524 • • • �l � l07 • • 7' —" omm ( i"rn Ipj Y /7/#7 9 a 1 E r ♦ .i I. 13W , •• n O b • U S e.. cg4FORN�P Ch. ....1 `_.` -... PB &R Commission Agenda Item No. I August 7, 2001 TO: FROM: Parks, Beaches and Recreation Commission General Services Director SUBJECT: Tree Removal Request Recommendation To approve the removal of one City Ficus parkway street tree located at 1612 Anita Lane due to repeated private property damage. History • Mr. Mike Mullen, property owner of 1612 Anita Lane, has submitted the attached Tree Removal Application and invoices pursuant to City Council Policy G -1 requesting the removal of one City Ficus parkway street tree adjacent to his property. Staff has attached a Tree Inspection and Tree Appraisal Report, Tree Record and photograph related to the request. Discussion The applicant has indicated a repeated history of tree root damage to private property. Staff recommends tree removal and replacement. This recommendation is based upon a repeated proven history of damage to private property as outlined in the City Council G -1 Policy. Mr. Mullen has received a copy of this report and notice of the Commission meeting. Very respectfully, David E. Niederhaus • DEN /JC /pw Attachments: (1) Tree Removal Application, and invoices. • (2) Tree Inspection and Appraisal Reports, and Tree Record (3) Photo 0 • • 5/14/01 John Conway, Urban Forester City of Newport Beach General Services Department 3300 Newport Blvd. Newport Beach, Ca. 92658 -8915 Dear Mr. Conway I am enclosing the completed application you sent to me to request the removal of a city tree in front of my property. Per your request I have enclosed the most recent plumbing receipts pertaining to the removal of the tree roots from my sewer lines. As I am sure you are aware, the species of Ficus tree in question is prevalent along Anita Lane. Because of the age of the trees and their inherent problems over a third of the trees on my street have been removed and replaced by the city. I would like to request that my • tree join the list of trees replaced by the city. 1 look forward to hearing from you at your earliest convenience. Regards Mike Mullen E CITY OF NEWPORT BEACH General Services Departmen EcC�i yE p Tree Removal or Reforestation Applicatidty 16 1001 u5 HA"KS/7_Rtty Per City Council Policy G -I (Retention or Removal of City Trees), I am requCiting the removal to be reviewed by staff and submitted to Parks, Beaches, and Recreation Commission for consideration at a future meeting. Commission meetings are held on the first Tuesday of each month (expect for holidays) at 7PM at the Council Chambers. cv Indicate the number and specIe(s),(if known) of tree(s). Located at: 16 / Z " ` Al Please be specific as possible Requestor Property Owner Community Association Other Address/Phone /G iZ .�r✓� rl� 1.9.�s� N :=Za 2 Ca 9�GG 95/9 G ?S- 9-7oLD Signature: Date: Print Name: /-r/, y,s /Y4, / /zrA/ gemoyal Criteria (Check one or morel Please provide copies of photos, bills, documents or any other related material that will verify the checked items. =Proven and repeated history (two or more occurrences within an 18 month period) of damaging public or *private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities or foundations. ('exceeding $500) Repeated history of significant interference with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage. RDying Has no prospect of recovery. Diseased Cannot be cured by current arboricultural methods. In advanced state of decline with no prospect of recovery. =Hazardous Defective, potential to fail, could cause damage to persons/property upon failure. Assessment by Urban Forester will identify structural defects, parts • likely to fail, targets -if fails, procedures and actions to abate. �Beautification In conjunction with a City Council- approved City, commercial, neighborhood, Project or community association beautification program. 7roa Section B For Reforestation Requests Only • Reforestation is the systematic removal and replacement of problematic trees at that have been unresponsive to modifying treatments. The entire cost of tree removal and replacement of a tree is borne by the requestor. The range of cost is $600 to $1,000 per tree based on the size of the existing tree and the availability of a 36" boxed replacement tree. As initiated by: Property Owner Community Association Other Check all items applicable: nTree(s) causing curb, gutter, sidewalk or underground utilities damage. View encroachment Area has clearly defined contiguous boundaries that include the tree(s) proposed. Supplemental tree trimming tried twice within one year Group application must include a signed petition of at least 60% of the property owners within the defined area. *Groups are defined as at least 10 properties in any given City area. =Application by a legally established community associations governed by CC &R's. Requires notification prior to voting by Board, of affected property owners. (Individuals within an association must petition through their respective associations.) =Individual property owner's requests - accompanied by a signed petition of at least 60% of • the neighboring property owners within a one block distance in either direction from the reforestation site, as well as the written endorsement of the appropriate homeowners' association, if applicable. A request for reforestation requires a written agreement by the petitioning sponsor to pay 100% of he costs of the removal and replacement of the public trees in advance of the removal activity. The actual removal and replanting will be coordinated by the General Services Department using the City tree service contractor. Each street in the City has a designated street tree by species. Only replacement tree(s) designed by the Designated Street Tree List will be considered. A minimum of a one-for-one replacement is required and a minimum size of 36" boxed tree(s) must be planted. R'here space does not allow this accommodation, replacements will be planted in the same neighborhood. Normal removal and replacement costs will vary from $600 to 51,000 per tree and are the sole obligation of the property owner who is making the request. This form does not replace the requirements of any of the City tree policies. Its use is Intended to expedite the tree removal or reforestation requests and to ensure compliance with all City requirements. Please refer to individual Council Policy G -I for additional information. Requestor Comments: Removals, except emergency, will be subject to the notification processes, time frames and authority as specified in the City Council G -1 Policy. Wroo muu Q poe yi-j U yl,� W pW0=9Y R<ug3m pR }¢ly r_t .. 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I 5 R a x z w La .. w0 �WOMY <O< OOO2zy¢ a =L z w `0 s X N ���'. \: W~ wSZUO WO ¢ ~H02SZ } w X- X- w z ❑�, ❑ .° w��o aw Zw(ZZ� i ` .a :E`95 aQ' F co ajE ,>0¢rrm0¢ ==j V<a Om¢O v O .ti +D I �� o -1; CL >v; ¢ z - SwzmQWCggwvmQiN ¢ oioa, Oz € o U N ¢ ❑ ¢W�•WN2¢Q JZO99a Z[CO2 [- W JW f G m MWWOO�Z3_ N Ow < W w. ¢�- A\ Z10 Z < Y `^ S < N0Uw7 yWFwFZZyOjs WNI= UW C7 N Z¢ U V .: < e U =Ow=u mw~�U'Z6 �¢¢w0in i' C7� F p 0¢ n ¢ ❑ ❑ < ° ❑ ❑ ~ate ~3ZQaz3.AwM OHOwMN o = Ow w ¢ ¢ a a =t Z J Wni'u `¢p ❑ Q W nM < ¢=tlMN! gg ` W U MZW G i {❑ SSSC�GGT 3 I� V wW ❑ 1• ¢¢i I w 't C4 L 94 3 Moui am �i tstwCi a le In ` x F Yj a aaa�Yx3a a >> �¢ LLWF w a0 a<Z-Wg -gg� w ❑ Q' co ¢¢ r z33 w� 4 �i ran ai w a � V �wm.rmmnmw s � , W ° LU • ww.. � Ta H n n � m a J; (� 6 Zb } OR�� ������ P 0. 6C)_6 n r N w V N °°6R WWWWW w Z J` Cakgt` Ww�w3 ° ${ r SI� S6 WWUS YSWW � �/ N O HER MW Lu LU > r $� L§ Z,, a. ❑❑ `. ❑ ❑ ❑ ❑❑❑❑ F t 1 U N3S3Z�434c� 130 wSrgmul ❑ I✓ SZaW mot w we CD 25 # h J Mz S ¢ Mz Z C3 0 ' $ w, aw a z 119z, z 8 a 4 r ^w 1 TREE INSPECTION REPORT Name: Mr. Mike Mullen Address: 1612 Anita Lane Phone Number: (949) 675 -9700 Request: Remove tree at due to property damage. Botanical Name: Ficus microcarpa `nitida' Common Name: Indian Laurel Fig Designated Street Tree: Ginkgo biloba (Maidenhair tree) • Estimated Tree Value: $4,397.76 Damage: Verified property damage totaling $570.00. Parkway: Concrete Brick Turf Other Comments: City records indicate the tree was trimmed in January 2000. Inspected by: DrL Date: 7" Z3 -v J61m Conway Recommendation: The applicant has indicated and verified with invoices a repeated history of tree ro t damage to private property. Staff recommends tree removal and replacement. Thi recommendation is based upon a repeated history of damaging private property utl ed in the G -1 Policy. �� !1 Reviewed by: Date: Marcelino G. Lomeli 0 • U W m • a W z LL O t +: • z W a a w 0 cn w U w W N w z W J a a Q W W H C a aR N m h r h f� M M z � � h y O U V m ss O .a z o� o O U z o NF .. U o a U 0 N � h F z d z F a� kw q o0 W o =• 0 0 0 0 -_____ \l I� /m 7 }§ Ez2 § z uj } \ 4) E > . \ 0 ;a E - 0 M§ � co t! \ ) z , !a ® a ) 2 LL @ e c 0 , kR .. &$)��mrm 0 -_____ \l I� /m 7 }§ Ez2 § z uj } E \ \ I E— \ 0 �§ ] - 0 M§ � co \ LU a ) 2 LL @ e c 0 , kR .. &$)��mrm /o 3� aeelk && §00 � ): /� /� » 2 �\ LL § § /)) ccL § Z 2! (n \§ § §� $� ! k k z 4) ) 45 `! � f/ 0 -_____ \l I� /m 7 }§ Ez2 uj E \ \ \ \) \))� � LU LL @ 0 , 3 .. &$)��mrm 3� aeelk && §00 � ): /� /� » 0 -_____ \l /m 7 }§ Ez2 uj \ \ \ \) \))� � @ 0 , 0 &$)��mrm aeelk && §00 /� /� /�� § § /)) § §k\k� ! 4) 45 � • • C� 1 "4y, 7 ? /-7ID-7 z • • • I em 7 F /7/LT7 r 1 • • (1) 5 � PB &R Commission Agenda Item No. V August 7, 2001 TO: FROM: Parks, Beaches and Recreation Commission General Services Director SUBJECT: Parkway Street Tree Redesignation Request Recommendation To change the current parkway street tree designation on Holly Lane from the Cape Chestnut (Calodendron capense) to the Maidenhair (Ginkgo biloba). History The City Street Tree Designated List is maintained and reviewed on an annual basis by City staff. Any changes, recommendations, or resident's requests for changes are forwarded to the Parks, Beaches, and Recreation Commission per City Council Policy G- 6. The current designated tree for Holly Lane is the Cape Chestnut. Discussion Ms. Catherine Emmons, property owner of 2516 Holly Lane, has submitted the attached letter and petition requesting a change of street tree designation to the Maidenhair (Gingko biloba). There are 37 potentially affected properties dependent on the request, and of these there are 26 property owners who signed the petition, representing 70 %. The submitted documents meet the guidelines of the City Council G -1 Policy. Currently there are two available parkway tree planting sites adjacent to Ms. Emmons's residence that could be planted with 24" box Maidenhair Trees. Ms. Emmons has already submitted $400 to the City to fund the costs of the two new trees, which is Ms. Emmons request dependent upon the Commission's approval. Ms. Emmons and each of the property owners on Holly Lane will receive a copy of this report and a notice of the Commission meeting. • Very respectfully, David E. Niederhaus DEN /JC /pw Attachments: (1) Ms. Emmon's letter dated July 11 (2) Petition of adjacent property owners (3) Ginkgo biloba tree photo • r- 1 LJ • PETITION FOR CHANGE OF STREET TREE DESIGNATION on HOLLY LANE n U • We the undersigned, as property owners on Holly Lane, do support a change of the designated street tree from the current species Calodendrum capense (Cape Chestnut) to the Ginkgo biloba (Maidenhair Tree), and that the signatures represent a minimum of the required 60% of property owners within one block in either direction from the requesting party at 2516 Holly Lane, Newport Beach, CA 2200 �..� % ti 2201 2406 241? 241 242 243 250 `V X250 251 X55 252 2207 2215 >27t 2227 2301 230 231 232 232 240 240 2415 2421 AY 0M.11- O- 1 2427 2501 �� (l�ZV` [tl �,�✓� ?t n LA 251 252 2507 Laurel P1 e (Properties back up to Holly Lane) 2217 2223 2301 - 2307 /? 2315 • r 1 LJ n u July 11, 2001 Mr. Marcelino G. Lomeli Parks and Trees Maintenance Superintendent City of Newport Beach General Services Department 3300 Newport Boulevard Post Office Box 1768 Newport Beach, CA 92658 -8915 Dear Mr. Lomeli, I am writing to advise that I would like to pursue a change of designated street tree • for Holly Lane. The current designated tree is the Cape Chestnut tree, and I would like to request it be changed to the Gingko biloba tree. I have enclosed a petition of signatures from the property owners that could possibly be effected by the change, in support of the my request. Thank you for your assistance in this regard. Sincerely, Catherine Emmons 2516 Holly Lane Newport Beach, CA 92663 Phone: (949) 279 -8176 40 �a zsC7 u �A r V T C V o� V 'Y u c FV .. d 4 � = u 9 O C7 0 •� U y. Y O' C O 70 p CL C- ypa C 59 y¢ y j sg 59 c g$ c e•G e p yr�=_ =_ c a. c =? 3 a= O GR R co h a a [0 R O O a C O o0 d o0 0 E C N O Y L c m y [- o' yy F i g o e = c c w 3 3 a o O v N y c 'c_ qu w eoL° `h ° d c �y v u n M w• R o a L a •p a oo DCD mo v h 3 Q p i o4 u o h 0 •�w°s F w800� Udmc7.^'.3d8� a a 41n rn U w 0 PIi c V E O U LL!