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HomeMy WebLinkAbout03/02/2004 - PB&R CommissionMARCH 2, 2004 APPROVED PB &R COMMISSION MINUTES CITY OF NEWPORT BEACH Parks, Beaches It Recreation Commission Regular Meeting March 2, 2004 - 7pm Convened 7:06pm ROLL CALL Present: Debra Allen Tim Brown Roy Englebrecht Bill Garrett Val Skoro Tom Tobin Absent: Greg Ruzicka Staff: Marie Knight, Recreation iz Senior Services Director David Niederhaus, General Services Director Andrea McGuire, Recreation Superintendent Teri Craig, Administrative Assistant Chair Allen stated that is seemed that a lot of students were in attendance at the meeting tonight and if they would like copies of the staff reports that they are available online as there would probably not be enough copies for everyone here tonight. DIRECTOR'S COMMENTS Director Knight stated that next week is the California Parks and Recreation Conference in Anaheim and the City will be receiving two awards: a marketing award for the CdM 5K Poster and an award of achievement for the planning and development of the Bonita Canyon Sports Park. She stated that the project at Cliff Drive Park is in progress. Rob Masters from Public Works Department and also a mosaic contract instructor for the City met with staff to volunteer the services of his class and add mosaic to the wall. She stated that the project is nearing completion and recommended that Commissioners visit the park. Director Knight invited the Commissioners to the Basketball Special Olympics event on March 20, with the opening ceremonies to begin at 8:45am at the CdM High School and the Spring Egg Hunt is scheduled for April 10. She noted that the Challenge Day went very well with over 70 students and 30 mentors. Chair Allen commented that the Special Olympics is a wonderful event and all should try to attend if possible. Director Niederhaus stated that staff is refocusing on the Adopt -A -Beach program, which is a Council policy that allows organizations to adopt a portion of the beach. He stated that Commissioner Garrett has commented that he would like to see a little more participation in beach maintenance and Council Member Rosansky has gone out and done the first beach cleaning on his own and brought staff the deposits from their efforts and asked staff to set up on the individual street ends ( ?). He stated that today staff had set up all the tools and equipment that would be provided to individuals and began the process for an article to appear in the Navigator and a video for Comcast explaining the program. He stated that staff is excited about the extra help from the public. He stated that staff and Council Member Parks, Beaches ft Recreation Commission Regular Meeting March 2, 2004 Page 2 Rosansky are looking for volunteer coordinators for the West Newport, Peninsula Point, Central Balboa or Balboa Island area to help organize the clean up to please contact staff. PUBLIC COMMENTS Bruce Colbert, Corona del Mar thanked the Commission for their review of the request to use Inspiration Point and stated that he believed that they had performed a valuable public service for the residents and the community as a whole, particularly by providing a fair review process which afforded residents the opportunity to air their concerns and by resolving issues early in the review process which averted contention and controversy from coming before the City Council. CONSENT CALENDAR 1. Minutes of the February 3, 2004 regular meeting. Waive reading of subject minutes, approve as written and order filed. 2. Item pulled by Chair Allen 3. Recreation Et Senior Services Activity Report. Receive and file monthly Activity Report for activities and upcoming projects. 4. Tree Donation. Accept tree donation by Anne Stephens to replace a dead California Sycamore at Castaways Park. 5. Bench Donation. Accept bench donation for installation at West Bay Avenue between 9`" and 10'" Streets from Susan Mahoney. 2. Park Et Tree Division Activity Report. Chair Allen commented that the Tree Reforestation and Removal Activity Report shows that from July to present that there have been no reforestation requests and none removed and that there have been no removal requests, that there was one emergency tree removal and that only 24 have been removed from the entire City and that they are claim related, however there were 188 trees that were planted and believed that those numbers were amazing and should be stated aloud. Jan Vandersloot commended the City for more sensible tree activities, even though he believes that this is the lull before the storm. He focused on the Tree Activities regarding the Ficus tree program that was approved by Council has commenced and wanted to also commend the Commission again for taking an innovative approach spend some money to maintain the trees rather than simply writing them off and throwing them away. He asked to be personally notified of what particular trees are being trimmed so that he can keep track of how these trees are doing and whether or not it is actually effective. Director Niederhaus stated that he would be meeting with the City Manager on expanding the Ficus and root pruning program and that they are asking for an additional $50,000 from salary savings to double the program so that more mature trees can be saved. Motion by Commissioner Enolebrecht to receive and approve Items 1 through 5 of the Consent Calendar. Motion carried by acclamation. CONTINUED BUSINESS 6. Corona del Mar Centennial Foundation - Bill Dean, Board Member of the Centennial Foundation thanked the Commission for their advice, for the fair hearing and stated that they are no longer discussing any installation on Ocean Boulevard in Corona del Mar. Parks, Beaches & Recreation Commission Regular Meeting March 2, 2004 Page 3 However, the monument had two vital purposes that still needed to be fulfilled: 1) it would be a memorial to the Centennial for future generations; and 2) the celebration is a costly affair and that this was a focal point that people could invest in. He stated that since then they have come up with a program entitled Tiles for Smiles, porcelain tiles that families, people, businesses could purchase and that they could be placed at various locations throughout the community such as: 1. Corona del Mar State Beach 2. OASIS Senior Center courtyard and others, that to assure them that no decisions will be made until the appropriate Commission or Board has been apprised of it before going further. He stated that this tile program has been done in many other cities and believes that this would be much more attractive than brass nameplates. Chair Allen complimented the Committee for regrouping and coming up with other ideas. She stated that this seemed to be a great idea and suggested some public outreach. Mr. Dean stated that they are meeting with principals of the area schools so that packets of information can be sent home with the children to their parents and that this is somewhat similar to what Newport Harbor has done. Commissioner Englebrecht stated that it is amazing how the pendulum has swung from a half a million dollar Weyland dolphin to $150 tiles. He asked if the tile program would be a separate project and asked about what has been written regarding the clock tower on Marguerite and Coast Highway, or is that out the window... Mr. Dean stated that they are still envisioning a time capsule and that the clock is part of the Visions 2004 BID program and that some of the tiles may be put around there and that these tiles can literally be walked on. The clock is not part of their celebration per se. Commissioner Skoro asked if the time capsule would be underground and would there be guidelines for the tiles. Mr. Dean stated that he would defer talking about the time capsule but that there would be strict guidelines on what can and cannot be written on the tiles. BJ Johnson, Outreach Committee Chair, stated that the time capsule will be underground, however, everything is conceptual, although they are looking at Bandera Restaurant. Chair Allen again thanked the committee for listening and they should have a real good list and make sure that everyone is on board on locations. BJ Johnson noted that the concept of the clock tower was designed during the original CdM Revitalization Plan 2004; but the idea of the clock tower may be down the road we will continue to raise funds and possibly have the tower later. Luvena Hayton stated that the idea to have a sculpture right on the highway median which they now know cannot be done because of safety factors. But the next best choice was Marguerite and PCH and would take one parking space from Bandera and Bandera Parks, Beaches & Recreation Commission Regular Meeting March 2, 2004 Page 4 Restaurant owner Gill Ferrero is quite excited about the possibility. She stated that they believe it is a wonderful idea and that the committee is working with the residents. She stated that those that might have any questions regarding any parts of the project are cordially invited to be on the committee. Chair Allen opened the Public discussion: seeine no one the discussion was closed NEW BUSINESS 7. Kings Road Park Encroachment - Director Niederhaus stated that this is located on Kings Road on a small pocket that is a fairly steep terrain with two different levels - one with a bench with a walkway to the second level that includes approximately 1000 square feet that staff discovered back in the fall of last year. As staff began researching and beginning to clean up that tree line around there and preparing to get rid of an unsafe stairway along the eastern boundary, staff discovered the encroachment and approached the new owners who purchased the property last year. Staff discussed the issue with the Hacklers and eventually sent a series of letters in regards to the property which are attached. Director Niederhaus went on to say that eventually after meeting on site with the Hacklers, they opted to request an encroachment permit, and that was submitted through Public Works. He stated that Public Works Director Badum and himself conferred about the issue and concluded that they felt that they could not approve or disapprove any kind of private encroachment into a park. He stated that those issues are traditionally referred back to the Commission and eventually to City Council. Staff recommends that the encroachment permit be denied and direct removal of all private improvements on City parkland at the Hackler's expense and to direct staff to replace the fencing along the park boundary at City expense. This is a very old encroachment and goes back about 15 years with no in house record of a request or approval. He stated that staff has cleared up the property line and removed all the foliage, and taken out the wooden step and put up a fence to protect the City from any liability. He stated that Council Member Webb visited the site and conferred with the property owners and indicated that there was a possibility that the property could be vacated or sold to them. He stated that Mr. Hacker is here tonight to hear the Commission's thoughts on the encroachment issue. Chair Allen asked if she was correct in saying that if the Commission were to deny this encroachment that the Hackler's would have a fall back position to pursue the City to vacate the property or possibly selling it to them. Director Niederhaus stated yes but at least a discussion should occur and that the property would still need to be appraised and the estimate provided back to the Hacklers to ascertain if they were interested in purchasing the property. He stated that he did hear about the Council Member's visit second hand and hoped that he was conveying it correctly. He stated that this item could be continued but would take staff at least 45 days to get an estimated value of the property. Commissioner Englebrecht asked for an estimate to remove the private improvements. Parks, Beaches ft Recreation Commission Regular Meeting March 2, 2004 Page 5 Director Niederhaus stated that probably it would be under a $1000, but that the problem is the access and incidentally the encroachment lays over the sewer easement. He stated that in fact the City is planning to put a pump station at the bottom of the hill to service that line. He stated that he felt that this would be another reason that the City might not want to sell this property, certainly not without some conditions. Commissioner Tobin commented that he was concerned about the safety concerns if there is a delay. Director Niederhaus stated that an upper fence has been installed and the only liability to the City is if someone were to become injured such as the gardener or the homeowners if they were working, then the City would be slightly liable. Commissioner Brown commented that where the step was taken out that another tie was laid over it and was concerned that it had only been propped up and that possibly someone could trip over that and suggested that it be cut and fitted. He questioned if the assumption was that the new owners are responsible for the clearing even though they may not have been aware of all the issues associated with the encroachment when they bought the house. Director Niederhaus stated that he had advised the Hacklers to check their disclosure statement to see if that property had been conveyed to them, in other words if the seller had indicated that it was their property. He stated that the Hacklers did ask staff to pursue the encroachment for the use of that property. Commissioner Skoro commented that it was amazing that the encroachment even occurred and it would be interesting to see if the Hacklers are even interested in purchasing the property if that conclusion was made and if not then it would be a waste of time to get appraisals or spend anymore time on the issue. Chair Allen stated that the only issue before the Commission is yes or no to the encroachment request and would be reluctant to get to any other discussion not listed on the agenda. Chair Allen opened the public discussion William Hackler stated that they were aware of the encroachment but were aware that the encroachment was at least 40 years old. He stated that it is not easily seen from the street and that the property to gain rights either by encroachment or by purchase it is basically unavailable to the public and that the improvements that have been made have made it more attractive to the public were they to look down. With regard to the wall they have a landscape architect has been engaged to increase the wall along the property to the maximum height approved by the City code. He stated that in regard to the sewer that they have been informed by the City that they are on a dead end and if the access were moved to the south end then the easement would be abandoned, so the easement issue should be moot when the sewer line is moved. He stated that Mr. Niederhaus had given a good appraisal of the situation. Parks, Beaches & Recreation Commission Regular Meeting March 2, 2004 Page 6 Commissioner Garrett asked if the area is fairly unusable as parkland and was curious to what it is used for. Mr. Hackler stated that they garden their along with vegetables and so forth, he stated that the previous owner had installed a putting green. Commissioner Garrett asked if any discussions had taken place regarding the purchase. Mr. Hackler stated that other than Mr. Webb, his wife had talked to Dave Kiff and that he had thought that it might be a possibility. Commissioner Garrett asked if any price had been discussed. Mr. Hackler stated no, but that they are very interested in purchasing it, but that price is an object. Chair Allen asked if the encroachment was denied, but Mr. Hackler wanted to pursue purchase of the property or to find out if it was doable, can you delay the remedial work until he has had a chance; are better off to continue it or can it be worked with the idea of not destroying anything until he has had a chance to discuss the purchase further. Director Niederhaus stated that removal could be delayed; but know that the Hackler's have had two extensions already but that staff has no problem with a third or longer until the matter is resolved, except for a small amount of liability. Jan Vandersloot, a 23 year resident of Newport Beach stated that he is strongly opposed to the City allowing a encroachment on a public park and would like to know if the City has taken this course of action before and is concerned that someone would purchase a home knowing that his property was encroaching on a public park and feels that it is very poor public policy to sell or even consider selling parkland to an adjacent homeowner. He stated that should this be approved we will find all of the parklands being whittled away by homeowners wanting to expand their property to the detriment of the parks. He urged the Commission to deny this request as it would set a terrible precedent. We do not want private entities encroaching even secretly encroaching apparently 40' years ago to establish a golfing area. This is valuable parkland and Newport Beach land is becoming more and more valuable. There is no reason at all that this encroachment cannot be taken away and cannot understand why this new homeowner wants to come in an impose his will upon the rest of the citizens of Newport Beach and stated that he does not know what Mr. Webb said but would imagine that there would be a fairly large outcry if the City Council takes up this issue and wants to sell some of Kings Road Park and wants to sell it to adjacent homeowners. He suggested that this be strongly denied. Commissioner Englebrecht asked if a precedent would be established if the Commission were to vote approval and would it be problematic with the issues with Irvine Terrace. Director Niederhaus stated that the Irvine Terrace issue is much more complex and has been going on for some years and was set up with City approval, staff installed fences and such for a buffer zone and is much different. This would be a very separate issue. Parks, Beaches it Recreation Commission Regular Meeting March 2, 2004 Page 7 Chair Allen closed the public discussion Motion by Commissioner Skoro to accept the staff recommendations of: • To deny the encroachment permit request from the Hacklers, 1721 Kings Road • Direct removal of all private improvements on City parkland at the Hackler's expense • Direct staff to replace fencing along park boundary at City expense Motion was seconded by Commissioner Garrett Chair Allen asked if he would accept an amended motion to add the approval of a 30 day delay to give the applicant time to explore the possibility of purchasing of the land. Commissioner SKoro stated that he would like to retain the motion as stated. Substitute motion by Chair Allen to accept the staff recommendations of: • To deny the encroachment permit request from the Hacklers, 1721 Kings Road • Direct removal of all private improvements on City parkland at the Hackler's expense • Direct staff to replace fencing along park boundary at City expense • And to delay implementation of the removal of private improvements and replacement of the fencing for 30 days to give the homeowner time to explore the feasibility of purchase of the property Commissioner Tobin asked if 30 day was enough time. Director Niederhaus stated no. Chair Allen amended to motion to delay the implement to 60 days Commissioner Garrett stated that he could second but is concerned about the liability issue and could we add a "hold harmless" during the 60 day timeframe. Chair Allen stated that she would accept that amendment to the motion also. Commissioner Garrett seconded the motion. Commissioner Brown asked what is the timeframe. Director Niederhaus stated that he realistically could hire a contractor and have it done within 7 -10 days. Chair Allen restated her substitute amended motion as follows: Parks, Beaches ft Recreation Commission Regular Meeting March 2, 2004 Page 8 Amended substitute motion by Chair Allen to accept the staff recommendations of: • To deny the encroachment permit request from the Hacklers, 1721 Kings Road • Direct removal of all private improvements on City parkland at the Hackler's expense • Direct staff to replace fencing along park boundary at City expense • And to delay implementation of the removal of private improvements and replacement of the fencing for 30 days to give the homeowner time to explore the feasibility of purchase of the property • That applicant will accept "hold harmless" to the City Motion carried by the following vote: Ayes: Allen, Brown, Englebrecht, Garrett, Tobin Nay: Skoro Absent: Ruzicka 8. Reforestation Request - Director Niederhaus stated that this reforestation request by Harbor View Hills South Homeowners Association is because of view impediments. These 27 trees have been trimmed repeatedly and in some cases they are trimmed practically to roof height. The majority of the trees are Carrotwood, Peppers and some tall Eucalyptus and are listed as problem trees in the proposed changes to the Council Policy G -1. The replacement tree is Magnolia. He stated as a reminder that all reforestation requests are the responsibility of the petitioner. He stated that supplemental tree trimming has not proven to be successful in retaining views. He stated that they have met the current G -1 requirements for reforestation. He stated that the Association has committed to 100% of the costs association with the removal and the planting of the trees. The Association is requesting that the Commission waive the 36" boxed size tree to a 24" boxed tree. He stated that the reason staff recommends approval of this waiver is that particularly in this Association where 24" boxed trees have been planted that they grow to reach about the same size as a 36" box in about 18 months. He went on to say that with parkways only about 36" in most case, that trying to put a large tree in that area does not meet the standard of tree planting which is to make a tree well much larger than the root system. Director Niederhaus stated that staff is recommending approval of the reforestation along with the waiver. He stated that Commissioner Skoro asked to be assured that the largest 24" trees that could be found would be planted. Commissioner Brown stated that there were many more Eucalyptus trees than what was listed in this request. He asked how they were selected. Director Niederhaus stated that the Eucalyptus which are citradoren are very tall and wispy trees were chosen because of view impediments that ones that were not chosen were not requested by the members. He stated that most to be removed are Peppers and Carrot Wood and are causing significant hardscape damage. Discussion ensued regarding hardscape damage Parks, Beaches £t Recreation Commission Regular Meeting March 2, 2004 Page 9 Chair Allen opened the public discussion Yvonne Houssels representing the Association stated that staff has been very helpful. She commented that 24" boxed trees have been able to shape the trees and to preserve the view planes of the homeowners. She stated that the reforestation that was done in 1997 and 1998 went over so well that more and more are requesting the reforestation after seeing their trees being topped. She stated that 24" boxed trees should be used in smaller parkway areas. She read form material from Bruce Hagen, California Urban Forester, stating that at best topping of trees is a temporary fix for oversized trees that block views and sunlight and that thinning and /or removal of braches is not sufficient to alleviate the problem and that trees should not be made to conform to a small place but rather prudent to plant trees that are appropriate for the space. She stated that the new G -1 Policy will go with 24" boxed trees for view association that they are asking for this now is because they want to proceed not as it is spring time and is the best time to plant. Commissioner Brown asked why some trees were selected and some were not. Ms. Houssels stated that they are an Association and represent the homeowners and that these were the ones that had been requested to be removed and stated that each homeowner is individually responsible for the costs. Jan Vandersloot, Balboa Arbor Society stated that they have no problem with reforestation aspect of it as it relates to view but that the Society does object to any arbitrary waiver of size of trees and it should be considered to mitigate that. There really is no reason to have that waiver other than a reduction of the cost. He suggested that if this were approved remembering that the policy calls for a 36" boxed trees and wonders why the Commission now would arbitrarily take out a portion of the G -1 policy and you as a governing body that you are going to allow this waiver to happen. He again stated that there is no real good reason for this to be allowed to happen. He stated that a 36" tree does no have to be root bound - a 36" tree should be selected that is not root bound and be planted in the ground. Mr. Vandersloot stated that we have not moved forward into the new G -1 policy, and that Mayor Ridgeway stated that he had misgivings about the effort to downsize the trees and was wondering why people are crying cheap and poor and that they cannot afford $500, when the value of their house have increased by a half million dollars in the past seven years or so. He urged the Commission to not approve the waiver but if they do they should also be required to replace empty sites on the tree scape where new trees could be planted and a more complete tree scape then there is now because there have been a lot of illegal tree removals up there in that neighborhood in the past, and this could be the time to increase the trees but it should be a requirement since they are asking for a waiver to the policy. Discussion ensued regarding replacement trees to mitigate the loss of the tree size. Chair Allen closed the public discussion Parks, Beaches li Recreation Commission Regular Meeting March 2, 2004 Page 10 Motion by Chair Allen to approve the reforestation request of Harbor View Hills South Homeowners Association and to waive the 36" boxed size trees for the 24" boxed size. Chair Allen stated that as a lawyer and as a flower shop owner she has learned that you are far better off by planting a $1 tree in a $5 hole then the other way around. She stated that if the 24' tree is a good thick one will be as good or better that the other. She stated it is our job to approve waivers and it is exactly the job of this commission to do just that. She stated that if they did not have discretion then there really is not a need for them to be here. Commissioner Skoro stated that it pains him to see a large tree removed and replanted with a little stick but after visiting the neighborhood he stated that he believes that the parkways will not accept a 36" tree but stated that he is concerned that the tree will be 24" trees and has been assured by Director Niederhaus that his staff will inspect each tree and will not accept any tree that does not meet the requirements. Motion carried by acclamation. 9. City Council Policy B -13 — Public Use of City Facilities - Director Knight stated that annually staff is asked to review their Council Policies and recommend changes and this year that there are not too many changes except for word smithing. In Policy B -13, staff found several areas that had not been updated and to tighten up. Superintendent McGuire reviewed the requested changes within the Policy which include the field allocation and the Park Patrol. Discussion ensued regarding the specific changes noted in the staff report. Motion by Commissioner Englebrecht to forward the amendments of Council Policy B -13 to City Council for their approval. Motion carried by acclamation. OLD BUSINESS 10. Committee Reports • Finance - Director Knight will schedule a meeting. • Park Development - Commissioner Skoro stated according to the Daily Pilot that the City will be moving forward with Upper Bayview. Next meeting is scheduled for March 16. • Rec £t Open Space Element - Nothing to report. • Recreation Activities - Superintendent McGuire stated that a meeting was needed to review the Gift Donation brochure. Hope to meet in March. • Seniors - Commissioner Tobin stated that a series of smaller meetings have been held and that discussions are ongoing. • Beach Activities - Chair Allen appointed Commissioners Garret, Tobin and Skoro and will set up a meeting with Director Niederhaus. • Ad Hoc Community Service Award - Nothing to report Tree Committee - Director Niederhaus stated that the EIR will be out this month Youth Sports Liaison - Nothing to report. Parks, Beaches & Recreation Commission Regular Meeting March 2, 2004 Page 11 FUTURE AGENDA ITEMS • Limiting of Bench Donations, identify areas where they are needed • Memorial /Gift Tribute Report - To Commission in May or June • Irvine Terrace Park Encroachment - May • Review of Council Policy G -5 possibly requiring approval of HOA where bench will be installed or gage number of benches in parks. • Liability Aspects at Marina Park • Skate Board Parks - April • Smoking on the Beach - Chair Allen stated that his would be an item for the Beach Committee ADJOURNMENT - 8:48pm Submitted by:j4A:414� Teri Craig, Ad ssistant