Loading...
HomeMy WebLinkAbout05/03/2005 - PB&R CommissionMAY 3, 2005 APPROVED PB &R COMMISSION MINUTES CITY OF NEWPORT BEACH Parks, Beaches Et Recreation Commission Regular Meeting May 3, 2005- 7pm Convened 7:11 pir ROLL CALL Present: Debra Allen Tim Brown Bill Garrett Greg Ruzicka Val Skoro Tom Tobin Absent: Roy Englebrecht Staff: Marie Knight, Recreation It Senior Services Director Mike Pisani, Acting General Services Director John Conway, Urban Forester Teri Craig, Administrative Assistant DIRECTOR'S COMMENTS Director Knight thanked Chair Tobin for his participation with Arbor Day at Anderson School and noted that it was wonderful event with a great turnout and trees were planted at Buffalo Hills Park. She went on to thank Commissioners Ruzicka, Tobin and Englebrecht for attending the Recreation Activities Committee meeting with a very lively group of the community to discuss field allocations and possibly relocating some volleyball courts and noted that those two issues will come to the Commission at the June meeting as staff is receiving responses from the Youth Sports Groups and will be compiling that information for the staff report. She ended her report with the announcement that at the district CPRS Annual Awards Dinner staff honored Ed Romeo from the Friends of OASIS for his volunteer service and for all his efforts in moving the Cooperative Agreement along that will be going to Council on May 10. Acting Director Pisani stated that Marci Lomeli's last day was April 29 and that they Dan Cerrino will begin May 16. He was the Superintendent from the City of Fullerton for the last seven years. PUBLIC COMMENTS None CONSENT CALENDAR 1. Minutes of the April 5, 2005 regular meeting. Waive reading of subject minutes, approve as written and order filed. 2. Item nulled by Commissioner Skoro 3. Recreation ft Senior Services Activity Report. Receive /file monthly activity Report for activities and upcoming projects. Commissioner Ruzicka commented that he wanted to make sure that the letters from the Singletons became a part of the record as promised at last months meeting. Director Knight stated that the letters were added to the record. Park and Tree Division Activity Report. Commissioner Skoro the Park Maintenance crew is making a wonderful effort on the highway median project and stated that it would increase the ambience of the City; but on PCH along Irvine Terrace across from Armstrong's Nursery there are some plantings along the highway except for a stretch of about 130 feet a chain link fence was put up at the request of the Risk Manager and went on to say that there is a 12 foot wide bicycle trail there, but commented if that is the logic then there should be a fence all the way down because of the curb Parks, Beaches fx Recreation Commission Regular Meeting May 3, 2005- 7pm Page 2 and so from the standpoint of ambience he stated that it is degrading and should be taken down. He noted that he hoped that it would come down soon. Acting Director Pisani stated that he would talk to the Risk Manager and the Public Works Director. 3. Recreation ft Senior Services Activity Report. Receive /file monthly Activity Report for activities and upcoming projects. Motion by Commissioner Allen to approve items 1.3 of the Consent Calendar. Motion carried by acclamation. NEW BUSINESS 4. Passive Park located at the Corner of Mesa Drive & Birch Street in the Santa Ana Heights Redevelopment Area - Director Knight stated that the Commission is being asked to provide input on a future passive park to be located at the corner of Mesa Drive and Birch Street. She went on to say that this is a piece of property that is about .7 of an acre and working with the neighborhood committee for the Santa Ana Heights annexation area the City asked the County to set aside this piece of land as a passive park rather than sell it to a developer for parking. She stated that the County approved that and members from Public Works and the City Manager's office have worked with the County on the concept plan and noted that it does not belong to the City yet and therefore do not have the approval authority but are bringing tonight for input before construction begins on the project. Director Knight stated that the City will assume the park once construction begins and it is not the City's money that is funding the project, but once the City assumes the park it will take over the maintenance of it. She noted that color renderings are provided and that Assistant City Manager Dave Kiff is available for questions. Commissioner Ruzicka asked it this park would not be conducive to skate board riders and would be a nice park specifically designed. Director Knight stated that it would not have a lot of the retaining walls that skateboarders like to use. Commissioner Skoro asked who was asking the Commission to provide input. Director Knight stated that the City was being asked to provide input from the County and generally the input on City parks comes from the Commission and then to City Council. She went on to confirm that the Commission is being asked for input but do not have approval authority over the plan. Commissioner Allen asked if the neighborhood was in agreement with the plan. Director Knight stated that the neighborhood had worked with the City and the County on the concept of the park. Commissioner Ruzicka asked if this was the concept plan rather then having picking items from column one and column two. Parks, Beaches & Recreation Commission Regular Meeting May 3, 2005- 7pm Page 3 Director Knight stated that this was the concept plan for the Commission to review. Commissioner Garrett asked about the sculptures to be determined and specifically about art in public places. Assistant City Manager Kiff stated that when this plan was being discussed he had encouraged that the sculpture idea be deleted as it is not a very big piece of land. Commissioner Garrett asked who would determine the nature of the sculpture. Assistant City Manager Kiff stated that the City process would be followed after the park is assumed and Director Knight stated that any art would be discussed with the Arts Commission. Commissioner Skoro asked where the money would be coming for the development of the park. Director Knight stated that it comes from redevelopment funds. Commissioner Ruzicka stated that then the City just has to take care of it and the County picks up the tab. Director Knight stated yes and that it was not unlike many of the passive type parks being developed in the Newport Coast area. Director Knight stated that this is a receive and file item with no action needed. 5. Reforestation Request - Acting Director Pisani stated that staff had received a request from the Harbor View Hills South Homeowners Association to reforest 19 City parkway street trees in their community. He went on to say that this is the 4th phase with the first completed in 1997, second in 1998, and the third in 2004. Acting Director Pisani stated that the Association has met all the requirements of the G -1 Policy and that they are a legitimate homeowners association and so it is different from last month's reforestation request. He stated that the HOA will fund the total cost of $6,292 for the removal and replacement of the trees. He noted that HVHS President Yvonne Houssels is here tonight to answer any questions that the Commission might have. Commissioner Garrett asked if it was the responsibility of the petitioner to reimburse the City for the value of the tree that is removed in addition to covering the costs of the removal and replacement. Commissioner Allen stated that they are only responsible for covering the costs for removal and replacement and not the value. Commissioner Garrett commented that then the value of the tree that is placed in the report is somewhat meaningless. Commissioner Allen stated that was correct. She also noted that this Association has been a stellar example of reforestation when it works and then reminded the Commission that this was not her neighborhood, although she wished it was, but noted that HVHS has view issues and that basically the G -1 Policy was designed so that communities with view issues that have CCFtR's that the City subjects its trees to basically the same rules that the neighborhood has to abide by and because the City is not bound by the CCFtR's that the requests still must come through the Commission. Parks, Beaches & Recreation Commission Regular Meeting May 3, 2005- 7pm Page 4 Commissioner Brown stated that this HOA was just here about 6 months ago and that the Commission knew at that time that they would be returning. Commissioner Skoro stated that he has the following concerns: 1. The values of the trees are listed at $49,320 and would be replaced with 19 trees at a cost of $3,610 and that is a ratio of 14 to 1 as far as value to what is being replaced. 2. In looking at the pictures of the trees it appears that there are larger trees on the property in the courtyards of many of the homes, i.e. looking at 3701 you will notice that the Larger tree is in the courtyard behind the tree that they want replaced and in looking at the pictures it appears that those trees were recently trimmed. 3. Regarding damage everyone of the requests indicates N/A under damages and so in Looking in the whole community there are many large trees on private property where the Association does not seem to be enforcing there own guidelines as far as other trees go. Commissioner Ruzicka stated that he as well visited everyone of these trees and looked at the sidewalks and candidly did not notice any damage to any sidewalks, that these trees seemed appropriate for the age of the community and noted that he felt that it was almost an affront to the Commissioner at the end in saying if we allow them to reforest these trees then they think they should only have to put in the 24" twig instead of the 36" tree. He went on to say that he saw nothing compelling to believe that these trees should be reforested. He agreed with Commission Skoro in regard that a lot of the homes had trees on their property that were much bigger then the one that was being reforested. He stated that he had definite reservations about the request. Commissioner Allen pointed out that when the G -1 Policy was being discussed about the view communities it was unanimous amongst aLL committee members as well as everyone one else in the bodies that approved that policy. She went on to remind the Commission that when it involved a view community that had CCBRs which requires that trees be maintained to a view plane, and that Association came to the City and requested a reforestation because City trees are violating their CCftRs, that it was a given and would go so far to say for those that understand what a "taking" is, if the City were to build a building in the view plane of a homeowner and thus devalue their view and the City could be potentially sued for a "taking" and the same is true with trees. If the HOA Board chooses to reforest trees that are in the view plane, and noted that there is nothing more important in this City then neighborhoods with CCftR's that protect views. Commissioner Allen went on to say that it is a sign of arrogance for the Commission to say that you have to have sidewalk damage because that is not what the CC &R's say. Commissioner Ruzicka stated that the only comment he could make while certainly respecting Commission Allen's opinion is that he had looked specifically at that issue and looked at these trees and is sorry but is hard to see how these trees could impact views when there are others trees on the same property that are higher. Commissioner Garrett stated that he would support the request because no one on this Commission lives in this neighborhood and agrees with Commissioner Allen about the arrogance of the Commission dictating to these homeowners that live in a legitimate HOA who have concerns about views when they have met the requirements of the policy, staff has recommended approval, and for this Commission to sit here and say that we just do not think it is a good idea or for whatever reason that there are trees on private property and therefore he stated that he could not agree with that and would support the reforestation request. Parks, Beaches 8: Recreation Commission Regular Meeting May 3, 2005- 7pm Page 5 Chair Tobin stated that he had reviewed the tree locations and, speaking as a citizen, did not see any damage, and just saw many trees in people's yards that were a lot bigger then the ones that they wanted to remove from the parkway. Chair Tobin opened the Public discussion Yvonne Houssels, HVHS HOA President stated that as Commissioner Allen pointed out that they have worked very hard with the City in regard to the G -1 Policy and read the following from the Santa Ana Register from when the community was developed: High design luxury dwellings mark Lusk Harbor View Hills South Homes - This community features unobstructed panoramic views of Newport Harbor and are one of the most attractive features of the final homes that have opened. EG Warmington Jr., Director of Sales and Marketing for Lusk Homes said "that the 37 luxury homes in this scenic hill overlooking the harbor represent one of the final increments of view homes in the beach area retreat and went on to say that HVH homes will not have their views impaired by development in the future and that the entire area has been master planned so that homeowners are assured that the view they enjoy today can be enjoyed forever." Ms. Houssels went on to say that when Jasmine Creek was developed and wanted to raise the roof lines, City Council put a mandate that all roof lines and all trees in Jasmine Creed association must be kept below those roof lines and not impact the views from HVHS. With that background, she asked the Commission to understand that HVHS has governing documents and CCftRs that give view homeowners and view easements over other homes and over other trees in the Association. Ms. Houssels stated that it had been mentioned that there were some larger trees on properties that were possibly higher then the City tree that was to be reforested, but noted that HOA members do not drive through the community asking people to chop down their trees because it is above the roof line. Instead the HOA waits for a homeowner to submit a complaint and then action is taken. She stated that all 19 of these trees were studied by the Board and have been trimmed and appear much lower now, and the problem is that the Pepper trees (which represent the bulk of these trees) have been a problem for many years in that they grow into the view plane so quickly after being trimmed. Within 6 months they are as high as they were and pointed out that both the homeowner that has the parkway tree and the impaired view homeowner are all in agreement to have these trees reforested and that there is no concern between homeowners over this and all are in agreement. Commissioner Brown stated that he is concerned about these trees and is usually not in favor of pulling out healthy trees and having said that, there are other issues such as the consistency of what the Commission does, i.e. this reforestation has been planned in four phases and the Commission has approved the other three requests, He went on to say that he would be concerned how policy is uniformly applied, and stated that what separates this request from last month is that the removal of these trees is not in dispute among neighbors and that this is a CCEtR HOA and alt are in agreement and that he would have trouble telling HVHS that they cannot do what has been already been agreed to those that have CC &R's. He stated that those are his thoughts but is still not sure how he will vote. Commissioner Ruzicka stated that he has one observation knowing that Commissioner Garrett had stated that just because the City had recommended approval of this request but it would be superfluous for commission members to come to meetings if they just arbitrarily always went with the recommendation and not exercise discretion. Commissioner Garrett stated that it is certainly not a reason to deny the request. Chair Tobin closed the public discussion Parks, Beaches 8: Recreation Commission Regular Meeting May 3, 2005- 7pm Page 6 Motion by Commissioner Allen to approve the Harbor View Hills South Homeowners Association request to reforest 19 City parkway street trees. The following vote was taken: Ayes: Allen, Brown Garrett Noes: Skoro, Tobin Abstain: Ruzicka Absent: Englebrecht Director Knight stated that Commission Ruzicka could not abstain from voting. Motion fails as follows: Ayes: Allen, Brown, Garrett Noes: Ruzicka, Skoro Tobin Absent: Englebrecht • Finance - Director Knight stated that the budget presentation is being submitted to the City Manager and within the next several days a meeting will be set up with the Committee to review what will be submitted to Council for approval. • Park Development - Commissioner Skoro stated that they had not had a meeting for over a month. Director Knight stated that a meeting will be help on May 17 with the Sunset Ridge consultants to discuss moving forward with the public outreach phase. • Rec Et Open Space Element - Nothing to report. • Recreation Activities - Commissioner Ruzicka stated that they had met with the Youth Sports organizations and that the recommendations will come to the Commission at the June meeting. Director Knight stated that one of the issues is the club sports teams continue to grow and popular and want field space and serve Newport Beach youth but the problem is that many of them are associated with sports organizations that serve all over Orange County whereas AYSO and Little League are chartered just to serve a portion of the community and so the difficulty lies in how we can treat everyone fairly. So some research was done and the report will help the Commission to approve a fair and balanced program. • Seniors - Director Knight stated that the cooperative agreement will go to City Council for approval on May 10 and that the Friends Board has approved it and are very happy with it and the proof of that is that a fourth van driver has been hired by the City and that the cost for that employee has been fully underwritten by the Friends of OASIS. • Beach Activities - Nothing to report. Commissioner Brown asked it there is an Adopt a Beach program and how someone would go about adopting a section of the beach. Commissioner Garrett stated that they should contact Stephanie Barger at Earth Resources in Costa Mesa. Director Knight stated that you could contact Acting Director Pisani and he could set that up. Commissioner Garrett stated that he would like to see some funds for the pet dispensers on the oceanfront on the Peninsula. Director Knight stated that might have to be added to the budget. Commissioner Ruzicka noted that could be an item paid for by a Council Member out of their discretionary funds. Director Knight stated that these dispensers are set up much like the Adopt a Beach program where it is done by a volunteer organization because of the funding. • Ad Hoc - Community Service Award - Commissioner Garrett stated he did not know where that was as Superintendent McGuire was working on that. Director Knight stated that several press releases Parks, Beaches it Recreation Commission Regular Meeting May 3, 2005- 7pm Page 7 have been sent to the Daily Pilot for print and have not seen anything yet printed and so it is a matter of if the Commission has an idea. Special Tree Committee - Commissioner Allen stated that the Special Tree List is going to Council on May 10. 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 Skoro asked if advertisements would be going out in the Daily Pilot regarding names for the Newport Village Park. Director Knight stated that she has received over 400 names and that the deadline has been extended to May 13. ADJOURNMENT- 7:45pm Submitted by: Teri Craig, Admin As 'stant