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HomeMy WebLinkAbout04/04/2006 - PB&R Commission (2)APRIL 4, 2006 APPROVED PB &R COMMISSION MINUTES CITY OF NEWPORT BEACH Parks, Beaches Et Recreation Commission Regular Meeting April 4, 2006- 7pm Convened 7:11 pm ROLL CALL Present: Debra Allen Tim Brown Allen Doby Bill Garrett Greg Ruzicka Tom Tobin Absent: Phillip Lugar Staff: Mark Harmon, General Services Director Dan Sereno, Parks Et Tree Superintendent Chris Marcarello, Administrative Analyst Randy Kearns, Park Maintenance Supervisor Kevin Pekar, Park Maintenance Crew Chief Andrea McGuire, Recreation Superintendent Teri Craig, Administrative Assistant Eagle Scout Anthony Maralle provided a PowerPoint presentation on the completion of his Arroyo Park project. DIRECTOR'S COMMENTS Superintendent McGuire made the following announcements: • Teri Craig was presented with the Dorothy Palen- Employee of the Year award at Employees Breakfast. • Flashlight Spring Egg Hunt on April 7 at Bonita Creek Park • Arbor Day on April 28 at Easbluff Etementary • Youth Track Meet on April 21 at NHHS Director Harmon also congratulated Teri Craig for a well deserved award and noted that the City was doing very well after the large amount of rain that has fallen. Commission Brown announced that the City of Newport Beach had received in category for cities of 51,000 to 100,000 in population for Best Brochure award at the CPRS conference for the 2005 Summer Special Brochure designed by Marketing Specialist Sarah Boulton PUBLIC COMMENTS None CONSENT CALENDAR 1. Minutes of the February 16, 2006 regular meeting. Waive reading of subject minutes, amended as discussed. 2. Park and Operation Division Activity Report. Receive /fife monthly Activity Report for activities and upcoming projects. 3. Recreation Et Senior Services Activity Report. Receive /file monthly Activity Report for activities and upcoming projects. 4. Bench Donation. Accept bench donation for installation at Cliff Drive Park at Beacon Street and Cliff Drive by Bonnie and Brion Jeanette. Motion by Chair Ruzicka to accept items 1 -4 of the Consent Calendar. Motion carried by acclamation. Parks, Beaches B: Recreation Commission Regular Meeting April 4, 2006 - 7pm Page 2 OLD BUSINESS 5. Proposed Councit POncV B -n — Parks Facilities 8 Recreation Pro ram Donations - Ad min naI yst Chris Marcarello stated that in 1992 Council Policy G -5 (Parks and Street Improvement Donations) was adopted in July 1992, to regulate the procedures for donations related to City park and street improvements. He noted that in 2004, the General Services Department developed revisions to Council Policy G -5 to include changes to tree, bench, park and street amenity donations. Additionally in 2004, the Recreation Et Senior Services Department developed a proposed Council Policy B -17 to help regulate donations for recreation programs and facilities. Analyst Marcarello reported that in January 2006, the PBEtR Donation Committee asked staff to develop a new Council Policy, B -17, which combines both of these policies and unifies all parks, public improvement, facilities, and recreation program donations into one citywide policy. He went on to say that there were a couple of reasons for changes to the policy the first being an increased number of resident inquiries for types of items that are available for donations; the second is because the process is somewhat confusing and wanted to simplify that - son in taking those into consideration staff along with the committee identified three goals for changing the policy: 1. Establish a fair and uniform process 2. Streamline the process 3. Develop a catalog of items that are available for donations Analyst Marcarello reviewed the changes in the policy with the Commission • Limitations/ guidelines to accepting donation items • Definition of restricted vs. unrestricted donation items • Tree inventory of sites throughout the City and tree species that are available for donation at these sites • Bench inventory of sites throughout the City and bench styles that are available for donation at these sites • Types of park, public improvement, and street amenities that are available for donation • Dollar value acceptance levels for staff and the PBEtR Commission Additions to the recreation program and facility sections establish the following: • The acceptance of cash gifts, with dollar value acceptance levels for staff and the PBEtR Commission, and provisions that imply no "strings" attached to cash donations • Criteria for allowing naming rights for donated items • Recognition criteria and limitations for event sponsors • The right to decline donations • Unless specified, the provision that no special privileges will result from the donation • The creation of a catalog for donation items • Criteria for acknowledging donors and providing plaques for donated items Discussion ensued regarding costs within the catalog. Motion by Commission Allen to forward draft City Council Policy B -17 for their review. Motion carried by acclamation. NEW BUSINESS 6. Reforestation Request - Superintendent Sereno stated that staff had received a reforestation request of Celeste M. Gladych, property owner at 1615 Port Charles Place to replace a Pear tree and that it had met all the reouirements for a reforestation. Parks, Beaches & Recreation Commission Regular Meeting April 4, 2006 - 7pm Page 3 Chair Ruzicka opened the public discussion: hearine none the discussion was closed. Commissioner Garrett stated that in the past that staff has recommended approval of these requests. Director Harmon stated that staff will make a recommendation when there are valid reasons to do so, i.e. that the resident has followed the G -1 policy. Motion by Commissioner Allen to approve the reforestation request of one City Evergreen Pear parkway tree by Celeste Gladych adjacent to her residence at 1615 Port Charles. Motion carried by acclamation. 7. Reforestation Request - Superintendent Sereno stated that staff had received a reforestation request from the Harbor View Hills Community Association to remove 9 City parkway trees in front of their member's residence. He noted that the HOA had met all requirements for reforestation and that staff recommended approval. Chair Ruzicka opened the public discussion; hearing none the discussion was closed Motion by Commissioner Brown to approve the reforestation request of nine City parkway trees by Harbor View Hills Community Association. Motion carried by acclamation. COMMUNITY SERVICE AWARD Chair Ruzicka presented the PBBR Community Service Award to the Newport Balboa Rotary Club for their financial and volunteer support for over 20 years to the Youth Track Et Field Meet. 8. Reforestation Request - Superintendent Sereno stated that staff had received a reforestation request of one City Aleppo Pine parkway tree adjacent to 535 De Anza. He stated that this Commission may remember this request as it has been recommended twice this past year for reforestation because of view requests. He noted that staff is concerned that should the tree be pruned any more to meet the view guidelines that it would disfigure the tree and possibly invite disease and insects and cause the demise of the tree. He stated that the Corona Highlands Property Owners Association (POA) had met all requirements of Council Policy G -1 and recommended approval. Chair Ruzicka opened the public discussion Paul Rockley stated that he should be a familiar face as he has appeared before the Commission twice. He noted that this tree is over 50 years old and that the City had done an inventory of trees in 1991 but had not identified this particular tree. Mr. Rockley went on to say that the previous homeowners had not been diligent at all in trying to maintain the tree. He stated that his family had moved in the house in 2002 and began working with Modern Tree Service and a certified arborist to begin the trimming plan and advised the POA and his neighbor that it would take 3 to 5 years to adjust it and bring it to size without killing it and in 2004 the City did an additional inventory and found that it was a City tree and in the right of way and so this tree has only had one growing season to begin the trim. He stated that in March 2005 had its first trim and one growing season last year and its second trim in November. He asked the Commission to notice that the tree has very much of a "Charlie brown" look now but it is intended to open up the tree to meet the G -1 guidelines for panoramic views for the neighbors but also to force green growth at a lower height. He stated that he has spoken to several arborists but does not have their official report at this time but have confirmed that the tree is quite healthy and given careful trimming and adjustment that the green growth will move lower and will be able to bring it to a view height IAW the CC &R's. Mr. Rockley stated that there are over 50 trees in the community that are over 16 feet tall and the POA is Parks, Beaches Et Recreation Commission Regular Meeting April 4, 2006 - 7pm Page 4 voluntary and would appear that in years past that there were some difficulty to comply. He went on to say that within that 50 tree group there are a dozen City trees of which five are at least over 16 feet tall and which you will hear from the neighbors it has created a beautiful and eclectic community. He stated that the neighbors will be quite upset that it would be removed. He ended this by stating that the POA did not properly notify the community as there was no notice in any of the meeting minutes and had no prior knowledge that the POA was planning on voting on this issue and now in part that could be purposeful. He stated that once he received the report from the City and began to share the information with his neighbors that there was quite a concern about the circumstances and encouraged the Commission to deny the request and allow the City to continue the trimming of the tree over the next two years. Chair Ruzicka asked Superintendent Sereno if he felt that this tree would negatively impact the other trees and was a detriment. Superintendent Sereno stated no that staff feels (as arborists) that anymore reduction in height would be detriment to the health of the tree. He stated that he agrees that the tree will sprout in a Lower level but most times those branch attachments are not secure. Commissioner Allen asked Mr. Rockley to confirm that the POA was voluntary. Mr. Rockley stated that was true and that some are joined as members as it gave them access to a beach key through shorecliffs and many of the homes over the years have left the CCttR's themselves through various approvals that have been allowed. Commissioner Allen asked Mr. Rockley if he was a member of the POA. Mr. Rockley stated yes but has requested that their monies be returned. Commissioner Allen asked if when they moved was he part of the POA. Mr. Rockley stated yes. Commissioner Allen asked if whether the POA meeting at which this tree was discussed was properly noticed. He stated that one of the reasons that the Commission has review of these issues is to make sure that the POA has followed its own procedures properly. She stated that if that is the case the Commission has been told that there is no discretion if it complies with G•1. Mr. Rockley presented a petition of 14 signatures of homeowners agreeing that they had not been noticed along with a supplemental report. John Rogers stated that he represents multiple owners of the POA and all that are affected by the view and members have signed the request for reforestation. He stated that Mr. Rockley had been present at the meeting where this tree was discussed for reforestation and that he formed a tree committee of which pictures were sent and that all the neighbors were full aware of this issue. He stated that there were many meetings and that this tree was part of those discussions and that Mr. Rockley had attended and gave his side and that the POA Board voted 7 to 1 to request reforestation of this tree. Mr. Rogers stated that Mr. Rockley signed the CC &R's when he moved in that the tree height is 16 feet or view height and that the canopy width also encroaches on several owners views. He stated that the height and the width is a view issue. Mr. Rogers stated that all the neighbors that are affected by the view have requested the reforestation and urged the Commission to approve this request. He stated that he believed that all those people that had signed this petition had signed the CCEtR's when they moved in and are now retracting it. He stated that the previous owner had put money in escrow to trim the tree and that this has been a 9 year fight. Commissioner Allen asked if there was proper notice for the discussion of the tree Parks, Beaches It Recreation Commission Regular Meeting April 4, 2006 - 7pm Page 5 Mr. Rogers stated that he believed that to be true and that there were two meetings on the issue. Commissioner Allen asked if a written notice had been sent out. Mr. Rogers stated yes. Commissioner Allen stated that she just wanted to make sure that the POA had met all the meeting requirements and given the proper notice. Commissioner Brown asked if there were any members of the POA present. No board members were present. Polly Stanbridge asked if the POA had been noticed at the meeting or if something had been sent out and stated that she had not received anything regarding this issue. Keith Barons stated that as someone that has lived in the same house his entire life that this tree should be allowed to survive and that Mr. Rockley should be given the chance to do the proper trimming over the next two years. He also stated that that there are many trees in the neighborhood that are even taller some as high as 100 feet then this specific tree Gerry Fair stated that he is a POA member and that he had appeared before the Commission in the past greatly concerned about this tree but that there have been two trims and that it looks much better and agrees that it should be given a chance with further cutting and that whether or not it will survive could be a crystal ball estimation. He stated that he had not received anything from the POA until he received a phone call from Mr. Rockley. He urged the Commission to give this tree some time to see if it can be trimmed down to the proper view height. He stated that he went to his front window and counted nine trees that were even taller then this particular tree and that there are many trees in the neighborhood that are out of control. Chris Sullivan stated that she loves the trees and that this one in particular is spectacular and that the three people that are complaining about the tree have panoramic views already and asked how much more do they need. She stated that this tree should be spared and that it should be considered a heritage tree and it does not block anything and urged the Commission to spare the tree or at least give the arborist some time to work with the tree. Commissioner Allen again stated that she had some concerns about the proper noticing of the reforestation of this tree. Ms. Sullivan stated that she had not been informed and had not received anything from the POA and no special notification and that this item had not been discussed at the General Board Meeting in January. Chair Ruzicka stated that based on what has been heard tonight that this should be continued until a representative from the POA is in attendance and can speak to those issues. Commissioner Brown stated that he agrees that they need to tread carefully and make sure that POA has done everything in compliance with the G -1. Director Harmon confirmed that the POA Board was notified of the meeting. Commissioner Allen asked staff to look into the voluntary nature of the POA. Discussion ensued regarding regulating POA's. Parks, Beaches Et Recreation Commission Regular Meeting April 4, 2006 - 7pm Page 6 Blythe Fair stated that the tree has been tremendously improved and again noted that they had not received any notification and urged the Commission to review the issues regarding the POA. Gary Granger stated that he and his wife deliver the newsletters for the POA and that nothing had appeared in any of those regarding this issue. Chair Ruzicka closed the public discussion Motion by Chair Ruzicka to continue the reforestation issue of the City Aleppo Pine adjacent to 535 De Anza. Motion carried by acclamation. COMMITTEE REPORTS - Park Development - Nothing to report. Recreation Activities - Nothing to report. Ad Hoc Committees: • Donation - Discussed earlier and noted that the Committee could disburse. • Youth Sports - Nothing to Report • Community Service Award - The OASIS Volunteers will be recognized next month. FUTURE AGENDA ITEMS Reforestation Issue requested by Corona del Mar Higlands POA, Community Service Award to OASIS Volunteers. ADJOURNMENT- 8:17pm Submitted by: Teri Craig, Admin Ass taut