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HomeMy WebLinkAbout04/05/2005 - PB&R Commission (2)APRIL 5, 2005 APPROVED PB &R COMMISSION MINUTES CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Regular Meeting April 5, 2005- 7pm Convened 7:11 pm ROLL CALL Present: Debra Allen Tim Brown Roy Englebrecht(arrived at7:20pm) Bill Garrett Greg Ruzicka Val Skoro Tom Tobin Staff: Marie Knight, Recreation Et Senior Services Director David Niederhaus, General Services Director Marcelino Lomeli, Park It Tree Superintendent John Conway, Urban Forester Andrea McGuire, Recreation Superintendent Teri Craig, Administrative Assistant SPECIAL PRESENTATION Commissioner Allen read the following: In Appreciation For his many years of service to the City of Newport Beach An his devotion to the Parks, Beaches Et Recreation Commission A tree will be dedicated in honor of David Niederhaus Director of General Services The exact species of tree and location to be selected by Mr. Niederhaus In consultation with the General Services Department Of the City of Newport Beach Commissioner Allen announced that Director Niederhaus was retiring and that tonight was his last meeting. Chair Tobin also noted his thanks to Director Niederhaus and then announced that there was a second presentation to Park Et Tree Superintendent Marcehno Lomeli who would be retiring after 39 years of public service. He went on to say that Marcy was known throughout the entire parks and recreation community and that many seek counsel from him. He handed him a plaque and a gift from the City Council and the Commission for his many years of excellent services. Superintendent Lomeli thanked the Commission and the City Council for their gift noting that he had worked for the City for 11.5 years and that this had been the best job he had ever had. Commissioner Skoro stated that Superintendent Lomeli has always gone that extra step and that he has always appreciated his willingness to work and talk and to get the best possible product no matter what and again thanked him for his many years of service not only to the City but to the community. Parks, Beaches & Recreation Commission Regular Meeting April 5, 2005- 7pm Page 2 DIRECTOR'S COMMENTS Director Knight stated that from a staff perspective that these two gentlemen retiring from the City will Leave a huge hole not only of knowledge but expertise, help and partnership and that Recreation is in a state of mouming and wish them well. She thanked Chair Tobin and Commissioner Brown for braving the elements and coming to the first Flashlight Egg Hunt in the rain, but still had over 500 people attend and appreciated their support. She went on to say that the Department also had that same weekend a very successful Special Olympics basketball tournament. Director Knight said that in your mail you will be receiving a special foldout brochure that lists all the upcoming summer activities and camps in addition to the Newport Navigator that will come out towards the end of April. She stated that the department had increased programs and revenue last year in the summer with a lot of surf classes and special camps. Director Niederhaus thanked the Commission for the recognition noting how appropriate it was as he enjoys trees and looks forward to picking the right species. He invited the Commission to attend the April 26 Council Meeting where the City will again accept the 15`h consecutive award of Tree City USA and the 10th consecutive growth award and will receive the Silver Growth Award which has only been given to three other cities in the US and noted that the Arbor Day event that will be held at Buffalo Hills Park on April 29 at 10am. PUBLIC COMMENTS Tod Roth stated that he lives across the street from Cliff Drive Park and that he is concerned about the size of the trees in the park that obstruct the view. He stated that most of the neighbors feel that this is a negative aspect of the park as they impact the view significantly and the property values of the homes around the park. He went on to say that that at the park at the 2400 block has one tree in the middle but is nicely done and that it is very cohesive and some structure to it but the park on the 2900 block has no structure and that it is very confusing and not particularly pretty especially from the street and not very attractive or designed well. Mr. Roth stated that his main problem is that the fact that the trees are so large all across the park with the bushes and it obstructs the view and the two parks are so difference in appearance. Don Williams 2937 Cliff Drive, stated that there are actually two Cliff Drive Parks; one that is situated in front of his house and resembles a jungle and the other which looks like Central Park, NYC. He stated that if you go down to the park area that looks like NYC and you have cement, sidewalks, steps, grass, flower beds, rock formations and looks safe from top to bottom for the police to patrol. He stated that if you go the park in front of his house has wooden steps that are still together only because the termites are holding hands and some grass, flowers but are not seen because they are buried in the jungle of weeds, bushes and hedges. He stated that he did not know who the gardener is doing the work on that part of the park but stated that he should be fired because all he is doing is watering the weeds. He stated that the place is not safe and would not want any women walking in there as there are at least a half dozen hiding places and that when these winos or dope addicts go to that park in the summertime. He recommended that part of the park be made to look more like the rest of the Cliff Drive Park. Jan Vandersloot, Newport Heights thanked Dave Niederhaus and Marcy Lomeli for their many years of good work for the City and stated that he is aware of the disagreements about trees but would like to commend them for the work on getting more root pruning done by the City and so more trees can be preserved and for instigating the development of native plants in City parks and with that he distributed some pictures of Cliff Drive Park that he had taken on April 4. He stated that this a very pretty park and by the way the plants there are not weeds but are native plants and that the City was required by a Lawsuit settlement in 1988 to plant native plants on that side of the park and that he personally has spent Literally thousands of hours out there weeding. He stated that what Mr. Williams considers weeds are the Parks, Beaches Ft Recreation Commission Regular Meeting April 5, 2005- 7pm Page 3 kind of plants that California originally had and are called Coastal Sage and Coastal Bluff Scrub. Mr. Vandersloot stated that many people do not appreciate native California plants but he spends many hours weeding it and that the Fire Department goes by there every year and that one reason so many weeds pop up is because so much of the intervening ground between the native plants has to be cleared our. He stated that he was out there last weekend weeding and invited the two previous gentlemen to come out and educate them and that we owe it to our heritage to preserve some of native California and thanks Dave and Marcy for their help with native plantings not only at Cliff Drive but at Castaways Park. Chair Tobin asked Mr. Vandersloot to give those two gentlemen his card so they could contact him for information. Karen O'Connell stated that she lives on Larkspur in CdM and wanted to speak out the small trees that are being planted as replacement trees that she has been noticing in the community. Chair Tobin stated that this item is on the agenda. Ms. O'Connell stated that she is speaking in general about replacement trees and not the Larkspur issue that is listed on the agenda. She stated that the pictures that she had distributed are from Seaview Avenue and that the last couple of meetings the public has been hearing that Newport Beach is a tree loving community and that when a mature tree is removed it is replaced with two trees. Ms. O'Connell stated that the picture actually speaks for itself and that on Seaview; the very old and mature trees are being replaced with what can be described as a twig. She wanted to make sure that the Commission is aware of the size of these trees and their appearance. Commissioner Englebrecht asked if he could speak on Public Comments. Chair Tobin stated no but could ask for more information under Future Agenda Items. Sheryl Ecker of 2940 Cliff Drive Park stated that when they bought their house 9 months ago that they had been assured by their agent that those trees would be trimmed every two years down to the level of bushes in the front of the street. She stated that it had been a few years and that the agent had replied that the City should be doing this at any time. She stated that she called the City Council for information on trees and never heard back. She stated that she has since heard that it is every three years and feels like she is in the dark and that they are looking forward to having this home with a view and now are a little scared and disappointed. She went on to say that the would like to see the trees trimmed way down, if not taken out but maybe there are other types trees that could be planted that are not quite as intrusive with the view and it should be enjoyed by everybody. CONSENT CALENDAR 1. Item pulled by a member of the public. 2. Park and Tree Division Activity Report. Receive /file monthly Activity Report for activities and upcoming projects. 3. Recreation it Senior Services Activity Report. Receive /file monthly Activity Report for activities and upcoming projects. 1. Minutes of the March 1, 2005 regular meeting. Ms. Singleton asked the Commission to remember that she spoke up at the March meeting and discussed comments from the January meeting and that she since has listened to the tapes and has them right and wanted her correction to be entered. Commissioner Ruzicka stated that staff would incorporate her written comments into the record, referring to the information she would present on a later agenda item. Parks, Beaches ft Recreation Commission Regular Meeting April 5, 2005- 7pm Page 4 Director Knight stated that Ms. Singleton is actually pulling the minutes from the January 13, 2005 and what cannot be done is correct what was said and what Ms. Singleton is asking is to correct minutes to two meetings ago. Ms. Singleton stated that she had originally asked at the last meeting that the minutes be corrected and then they were reported wrong. Commissioner Allen asked if her typed comments were from the January meeting and that it is not the issue before the Commission. Ms. Singleton stated that she got up at the March meeting and asked that the prior meeting minutes be corrected and then it was reported that she got up and did it but it was reported wrong. Ms. Singleton stated that she has listened to the tapes. Commissioner Allen asked if they were from the March meeting. Ms. Singleton stated yes and the January meeting as well. Commissioner Allen stated that you cannot correct minutes from January. Director Knight asked her to submit those but understanding that minutes are not verbatim and so if you are listening to tapes and expecting that every single word is reflected that will not happen. Ms. Singleton stated that the gist of the whole thing was incorrect. Ms. Singleton stated that when the Larkspur issue comes up and that if the letters that were distributed from Mary and Bill Singleton could be included into the record then they will not need to get up a speak. Motion by Commissioner Allen to approve items 1 -3 of the Consent Calendar). Motion carried by acclamation. CONTINUING BUSINESS 4. Reconsideration of Reforestation Request. Director Niederhaus stated that there are three pieces of correspondence that had been received that were included with your packet: an email from T. Stefl, letter from the Singletons and a letter from SPON. He stated that no additional items had been received beyond that except for items that will be distributed tonight from the public. He stated that staff recommends that the Commission rescind the November 16, 2004 approval of the reforestation request for six trees located at 300, 302, 304, 310, 311 and 312 Larkspur. He stated that staff have reviewed the ballot discrepancies and noted that one ballot was changed and that no longer does it meet the 60% requirement for reforestation. Commissioner Allen stated that from what she understands that the Commission has no discretion and asked if this were correct since the project does not meet the minimum requirements under G -1 and therefore cannot be approved. n Parks, Beaches B Recreation Commission Regular Meeting April 5, 2005- 7pm Page 5 Director Niederhaus stated that the City Attorney's opinion on the Commission's authority to approve /disapprove reforestation requests is that the Commission can act on a reforestation request only if the minimum criteria of the G -1 Policy are achieved. Commissioner Englebrecht stated that in tight of all that has gone on with trees, not only on Larkspur, requested that the Commission have a moratorium on reforestation until either this Commission or committee meets to address how reforestation requests are handled, voted on, ballots counted. He stated that maybe a new criteria needs to be put in place and asked for a moratorium on these issues. Director Niederhaus stated that staff understands his concern on the procedures and that we have separately met with some of the Larkspur residents and the City Attorney. He went on to say that his staff and Deputy City Attorney Dan ON will be setting up a SOP and a more precise checklist for reforestation. He stated that staff plans to bring a legally established reforestation request from a HOA next month but that for non -HOA requests there will be a better procedure put in place. Commissioner Ruzicka asked if there would be a voting protocol in place so that the Commission is not a part of the fiasco as in this past case. Director Niederhaus stated that everything will be done by the book before it comes to the Commission and that staff has learned from the different processes and does not believe that the Commission will ever see these kinds of difficulties again. Commissioner Englebrecht asked if the Commission will have a chance to review it. Director Niederhaus stated that according to the City Attorney and the City Manager that those procedures will be at the staff level to make sure that the Council Policy is being followed and that staff provides the Commission with the best reforestation staff reports. Commissioner Englebrecht stated that as the body that approves or disapproves these types of requests he was concerned that they would have no say in the procedure so that the fiasco and the split that has been caused in the City over just the Larkspur incident won't repeat itself again. He asked why the Commission would have no input as they have to sit month after month and listen to both sides with no resolution and then when a resolution was decided it was wrong. Commissioner Allen stated that everyone would obviously be reviewing what happens because the Commission will be asked to vote on the information given. Commissioner Englebrecht stated his frustration. Commissioner Ruzicka asked if the procedure will direct that the names on the ballots are at Least spelled correctly and people are still alive that voted. Director Niederhaus stated that it would be more than that and it will make it easier and clearer for the petitioner to understand exactly what they are responsible for and if anyone becomes involved in a controversy the other side will understand what staff has done. He stated Parks, Beaches it Recreation Commission Regular Meeting April 5, 2005 - 7pm Page 6 that most importantly no questions will be left unanswered when the request is approved or disapproved. Commissioner Brown stated that the most important thing,_ and noted his trust with the staff, is that there is legitimate voting because the neighborhood of the street must meet the threshold and so it must be foolproof to verify that the ballots are accurate by the property owners and specifically that they are still alive. Commissioner Ruzicka stated that it appears at this juncture that the Commission has no choice but to rescind the reforestation request and that the two letters from the Singletons will become a part of the record. Chair Tobin stated that then the proceedings are done. Director Knight reminded them that it must go to a public discussion. Jim O'Connell from Larskpur Avenue stated that he wanted to follow up with new information that was not brought up at the last meeting and that was regarding the two forged ballots and apparently GS staff told the applicants that a certain number of people had not voted and the applicants went out to those people and brought in some new votes but some were out of the country or were not available and at least two of them were taken and the signatures were forged. He stated that a packet of information had been distributed to the Commission with those forged ballots and that that you can see that the first one is from Mr. Caputi who has actually been deceased for over 11 years and that the entire first and last name had been misspelled as well. He stated that he had attached a letter from the real owner Jean Caputi and that she wanted to save the trees. He stated that the second ballot had been from Mr. Stockwell who had been out of the country at the time and that he had written on here that the signature was not his and that his name was Randolph not Raymond as the ballot states. He stated that his point is that he knows that the City Attorney has been investigating this but these are real serious matters and that we are talking about $15,000 worth of trees and believes that if this had been approved last month those trees would have been removed in a matter of days. He recommended that the Commission work with the City Attorney in making sure that charges are filed and fines are levied against these people who committed these forgeries and that these four applicants on the reforestation request are denied the privilege of requesting another reforestation process again either permanently or for at least 10 years. Jan Vandersloot, Newport Heights stated that there are a couple of lessons that could be learned from this exercise and one is that the initial tree that was reforested was done because of an easement and once that happened then some neighbors are persuaded or not quite persuaded to reforest the entire block for uniformity. He stated that many of these people wanted them to be reforested because they wanted them to be uniform and noted that these trees began uniform because all the trees were She Oak trees. He stated that the Commission should understand that when a reforestation is approved for a part of the block that this dynamic might follow on and on. Commissioner Ruzicka stated that the Commission is quite cognizant of that specific matter. Parks, Beaches ii Recreation Commission Regular Meeting April 5, 2005- 7pm Page 7 Chair Tobin closed the Public discussion Motion by Commissioner Ruzicka to rescind the approval of the November 16, 2004 reforestation request of 6 trees made by Jay Rifkin, Marilyn Clark, Phyllis Joy Speek and George Broughton property owners of 300, 302, 304, 310 -312 Larkspur Avenue. Seconded by Commissioner Allen. Commissioner Englebrecht asked if this means since the Commission has flip - flopped on this issue for months that these trees on Larkspur will live. Chair Tobin stated that yes they will live. Motion carried by unanimous vote by Commissioners Allen, Brown, Englebrecht, Garrett, Ruzicka, Skoro and Tobin. NEW BUSINESS 5. Special Tree Report - Director Niederhaus stated that in October 2004, the Commission (PBIitR) designated a Special Tree Committee (STC), consisting of Allen (who acted as chair), Skoro and Ruzicka, to provide recommendations for additions and deletions to the Special Tree List a component of the Council Policy G -1. He stated that the Special Tree List was adopted in 1966 with no significant amendments and includes Landmark, Neighborhood, and Dedicated trees (those definitions were refined last year). He went on to say that the goal of the STC was to review the Landmark and Neighborhood List for any additions and /or deletions of City trees and provide a public outreach program for public nominations. Staff was tasked to do a separate review and update of the Dedicated Tree list. He noted that the STC held four meetings on November 3, November 30, 2004, and January 18, and March 15, 2005, He stated that the public was allowed to submit nominations to the Committee at a SPON presentation, as well as at the various STC meetings. Director Niederhaus stated that three additional pieces of correspondence were received and were attached to the packet from Dan Heinfeld and his attorney John Kendrick. He stated that as a result of these meetings that the list of Special Trees is not shorter but almost twice as big. He stated that staff is asking that the Commission approve the amended list and will forward those recommendations to the Council for their approval. Commissioner Ruzicka stated that a lot of time was spent and that he did not believe that everyone needs to go through this list again as the consensus of these trees were fairly uniform. Chair Tobin opened the public discussion Mary Singleton stated that they had requested that the She Oaks on Larkspur be added to the List and that the Committee was going to continue that issue because of the reforestation item on the agenda had not been settled. Commissioner Allen stated that she was not correct and that the motion at the Committee meeting was to approve the list as it appears tonight and that those trees were not put on the list. She stated what was said was that after this whole reforestation thing is taken care of that Parks, Beaches Et Recreation Commission Regular Meeting April 5, 2005- 7pm Page 8 Ms. Singleton could come back to the City and make a request at some later time and possible consideration could be given to adding those trees but were not included on this list tonight and that it was not intended to be a part of this list. Ms. Singleton stated that she believed that Commission Allen used the word to "continue" it until after the reforestation issue was completed. Commissioner Allen stated as a lawyer, she knows exactly what "continues" means and that Ms. Singleton would have the opportunity to bring it back at some later time and of course is welcome to do that as is any member of the public. Ben Jackson appearing for Dan Heinfeld who owns the property at 901 Chestnut stated that he is here tonight to talk about the Alta Vista tree and was led to believe that Mr. Eaton who had recommended that it be added to the list has since asked that it be withdrawn from the list and that he is here tonight to support that recommendation for withdrawal. He stated that this tree, although a large and possibly a landmark tree, and has large branches that hang over the yard and has had the experience of two large limbs falling into the yard. He stated that he is concerned and that he believes it causes a hazardous condition. He went on to say that apparently there has been a large branch which fell into the parkway and the City has since removed it. Mr. Jackson stated again that they support Mr. Eaton's recommendation that the Alta Vista tree be removed from the Special Tree List. He stated that he believes the tree is listed twice as number 41 and S. Commissioner Allen stated that yes it was repeated. Director Niederhaus stated that he has brought documentation from Mr. Eaton withdrawing his nomination of the Alta Vista tree being added to the Special Tree List as long as it can be withdrawn without prejudice. He stated that staff also recommends that this tree be deleted from the list that will go forward to Council for approval. Ann Balderston from Begonia Street stated that she was very happy to see that as Commissioner Allen stated the process of recommending other trees to the list will continue to be open in the future and wondered what "some point" means and how long she would have to wait to submit a tree for the list. Director Niederhaus stated that the public can submit their nominations and a picture which would be cycled through staff and then forwarded to the Commission. John Rogers from De Anza and wanted to confirm that tree Q. at 535 De Anza was not added to the list. Commissioner Allen stated that yes that was correct. Mr. Rogers distributed copies of his neighborhoods CCttR's from 1949 which every neighbor signed and is very clear that no tree shall inhibit their view or be over 16 feet and now he has been told that he has to request a reforestation when everyone that lives there has signed this and it is not fair that he should be asked to do this request to have the tree. He stated that he has been fighting in a very passive way with a neighbor. Commissioner Allen stated that this is not on the agenda but reminded Mr. Rogers that he lives in a community that is governed by CC &Rs and the provisions for reforestation are ones that we ask be dealt with by the HOA and have the board make the application and it is a neighborhood issue. Parks, Beaches it Recreation Commission Regular Meeting April 5, 2005- 7pm Page 9 Jan Vandersloot asked for clarification on item 22 "along Avon Avenue" and stated that those are the Eucalyptus trees in Cliff Drive Park and that there are eight of them and that the committee's position is to retain and wanted to make sure that the committee is recommending that those 8 trees be retained. He stated that the purpose of the aerial map with the eight trees printed in red that was distributed and that the neighbors above are blaming the lower trees but those are not the special trees and those 8 trees serve to hide the parking lots, the car dealership, the ugly buildings and do not encroach into the blue water views and noted that he was standing on the highway and the neighbors are above that and that his point is that the Commission is fully justified in retaining those 8 trees and that Mr. Niederhaus spoke up a Speak Up Newport out retaining those trees. Chair Tobin closed the public discussion Motion by Commissioner Ruzicka to forward the amended tree list except for tree #41 on Alta Vista Drive to City Council for their approval. Motion carried by acclamation. COMMITTEE REPORTS • Finance - Nothing to report. • Park Development - Commissioner Skoro stated that the plantings for Back Bay View Park are doing well and asked if the dedication was set for July 6. Director Knight stated that no date had been set. Director Knight stated that a committee was formed to assist in the fundraising for the Newport Village site and requesting that the public submit names for that park as well. She stated that a small ad had appeared in the Pilot and that the Committee will review those names in May and forward those to the Commission in June and then to Council. Superintendent Lomeli stated that the City has submitted an application for a Metropolitan Water grant of $75,000 and hopes that will spur on the development of that site and should hear within the next few months. • Rec Et Open Space Element - Nothing to report. • Senior - Director Knight stated that a cooperative agreement should be going to City Council in May and will replace City Council Policy B -5 and will stand alone and thanked Commissioners Allen, Skoro and Chair Tobin for their participation in that process. • Recreation Activities - Commissioner Englebrecht stated that there will be a meeting on April 26 to discuss the Criteria Et Responsibilities for membership in the Youth Sports Commission and a Volleyball Teaching Center on the Beach. • Beach Activities - Nothing to report. • Ad Hoc - Community Service Award - Superintendent McGuire stated that an ad has been sent to the Pilot requesting nominations and Commissioner Ruzicka nominated Eagle Scout Max Moosman last month. - Special Tree Committee - Discussed under item 5. Youth Sports Liaison - Nothing to report. Donation - Commissioner Brown stated that they are waiting for the first meeting to be set up. FUTURE AGENDA ITEMS Commissioner Englebrecht asked the Commission to go over to Arlington Drive in Costa Mesa at TeWinkle Park and look at the Skate Park that has been constructed and has been picked up funding from a major sponsor- Parks, Beaches £t Recreation Commission Regular Meeting April 5, 2005- 7pm Page 10 Commission Allen asked for informational report on the area around Cliff Drive Park encompassing that will discuss tree trimming and just educating the neighborhood and invite the property owners - June 2005 Commissioner Ruzicka stated that he concurs with Mr. O'Connell and wants to know about those blatantly forged ballots and that he finds it appalling and wants to know what will happen. Commissioner Allen stated that she is concerned that we are convicting people without a trial and that she is aware that there have been some allegations of forgery and requires certain elements of intent and is not clear who the defendant is. Commissioner Ruzicka stated that Commissioner Allen's point as a counsel is well taken but the issue is that there are ballots from allegedly someone that is deceased. Commissioner Garrett stated that he believes this is more of a City Attorney issue and not the PBEtR Commission. Director Knight agreed that this is not the role of the Commission and that the City Attorney is reviewing this issue and will decided if any further action is needed. Commissioner Skoro asked for an update on the Irvine Terrace encroachment but believes that at some point the City needs to make a decision and that it has been thrown under the rug but that some action needs to be taken. Commissioner Englebrecht agreed that it should be on the agenda. Director Niederhaus stated that this issue of encroachments in Irvine Terrace as well as other has been moved to the Council level. He stated that he would convey the Commission's interest to Public Works Director Steve Badum. Commissioner Skoro stating that this issue has been going on for over 10 years and it is a detriment to the City to avoid the issue. Director Knight stated that the issue is not being avoided but as Director Niederhaus stated it is at a Council level at this time and would not be appropriate to bring it back to the Commission. She stated if there is anything to report then certainly staff could convey that. ADJOURNMENT- 8:35pm Submitted by: nj C/A.o Teri Craig, Adlrninlllsis t 10