HomeMy WebLinkAbout11-03-2015 PBR Minutes
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
Regular Meeting
November 3, 2015 – 6:00 PM
1) CONVENE MEETING OF THE PARKS BEACHES & RECREATION
COMMISSION TO ORDER – 6:01 PM
2) ROLL CALL
Present: Walt Howald, Chair
Marie Marston, Vice Chair
Tom Anderson
Ron Cole
Roy Englebrecht
Laird Hayes
Absent: Kathy Hamilton
Staff: Laura Detweiler, Recreation & Senior Services Director
Mike Pisani, Municipal Operations Director - Maintenance
Dan Sereno, Landscape Manager
Sean Levin, Recreation & Senior Services Deputy Director
Matt Dingwall, Recreation Supervisor
Teri Craig, Administrative Support Specialist
3) COMMUNITY SERVICE AWARD - DARREN BRILHART
Recreation Supervisor Matt Dingwall spoke regarding Darren Brilhart's work and
efforts in putting together a major, yearly surfing event for the City for the past 27
years.
Chair Howald presented Darren Brilhart with the Community Service Award in
acknowledgement and appreciation of his efforts.
Mr. Brilhart provided information regarding the history of the surf contest including
the addition of a pro element to same, and thanked the City for the honor.
4) NOTICE TO THE PUBLIC
5) CONSENT CALENDAR
A. Minutes of the October 6, 2015 meeting.
Recommendation: Waive reading of subject minutes, approve and order filed.
B. Pulled by Chair Howald
C. Recreation & Seniors Services Activity Report.
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Page 2
Recommendation: Receive/file Activity Report of past and upcoming projects
and events.
D. Tree Donation - Ensign View Park
Recommendation: Approve tree donation by Arbor Real Estate at Ensign View
Park.
E. Pulled by Chair Howald
Chair Howald opened the public comments; seeing none, the public
comments were closed
Motion by Commissioner Englebrecht, second by Vice Chair Marston, to accept
Consent Calendar Items No. 5A, 5C and 5D. Motion carries unanimously, with
Commissioner Hamilton, absent.
B. Parks & Operations Division Activity Report.
Recommendation: Receive/file Activity Report.
Chair Howald referenced the removal of 42 City trees, 33 of which were on Poppy
Avenue. Staff affirmed Chair Howald's statement noting that within the course of the
year, the City plans to plant 500 trees.
Discussion followed regarding special circumstances relative to the removal of trees
on Poppy.
Director Pisani provided an update on the Poppy Avenue tree removal project,
including an upcoming community meeting and the inclusion of a reforestation plan
and removal of sidewalks to allow for wider parkways. Examples of potential
replacement trees will be provided and the community will have the opportunity to
comment on same. An update will be provided to the PB&R Commission at a future
meeting, after the plan is better-defined. The original trees on Poppy Avenue have
been removed and addressed the next steps.
E. Tree Donation - Grant Howald Park
Recommendation: Approve tree donation in memory of Geri Mooney by Gael
Mooney at Grant Howald Park.
Chair Howald asked regarding staff to provide a brief history of the person for which
a tree is dedicated. Staff stated that it will be provided, going forward.
Chair Howald opened the public comments.
Jim Mosher commented on the donor's request to plant two specific species of trees.
He reported that the Commission is being asked to approve a different species and
questioned the rationale.
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November 3, 2015
Page 3
Manager Sereno explained that Park Supervisor Paul Ramirez is in charge of the
donation program and reported that the species that were requested did not fit in
well with the location. He added that the African Tulip tree was suggested and
accepted by the donor and will fit in better with the location. The matter was
discussed with the donor, who accepted the suggestion.
Chair Howald closed the public comments.
Motion by Commissioner Cole, second by Commissioner Hayes, to approve
Consent Calendar Items No. 5B and 5E. Motion carries unanimously, with
Commissioner Hamilton, absent.
6) CURRENT / NEW BUSINESS – Staff Report
A. Tree Removal Denial - 901 Chestnut Place
Recommendation: Consider staff's recommendation to deny request of Dan &
Katherine Heinfeld to remove one City Eucalyptus tree at 901 Chestnut Place.
Director Pisani provided details of the staff report addressing location, value and age
of the existing tree, a prior claim for damages caused by the tree by the applicants,
subsequent actions by City staff, the City's G-1 policy, and conditions under which
trees may be removed. He commented on City actions to mitigate damage from the
specific tree, an arborist report submitted by the applicant, staff findings and
recommendations.
Discussion followed regarding additional stress placed on trees by excess trimming,
conflicting claims between the applicant's arborist and staff, the possibility of getting
an independent arborist to evaluate the tree, expiration of the applicant's original
claim, the need to comply with the G-1 policy, the City's liability in terms of trees
causing damages to private property and the need for additional information
regarding the specific tree.
Chair Howald requested a report from staff, at a future meeting, regarding the City's
claim process.
Chair Howald opened the public comments.
Dan Heinfeld, applicant, provided a brief PowerPoint presentation addressing his
prior claim for damages and trimming of the tree. He referenced his application for
removal of the tree, actions related to his original claim before expiration of the
claim, trimming and pruning, and listed his expectations regarding the tree.
Additionally, he addressed the damage caused by the tree including heavy debris
drop and concerns about the health of the tree. He referenced letters from neighbors
in support of his request.
Alexandra Montgomery spoke in opposition to removing the tree.
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November 3, 2015
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Jim Mosher agreed that the Commission should weigh in on retaining a healthy tree
rather than removing it. He commented on noticing problems including notification
of the HOA and on the City's liability when a City tree causes private property
damage. Additionally, he suggested that the City provide comments from the Risk
Manager relative to the City's liability.
Chair Howald closed the public comments.
Discussion followed regarding a prior action relative to a fatal accident on Irvine
Boulevard, the removal of other City trees and the latest pruning of the tree.
Mr. Heinfield stated that in 2011, other trees in the area were trimmed but the
subject tree was not.
Ensuing discussion pertained to dealing with structural damage versus the tree being
a nuisance, and having the City arborist evaluate the tree.
Discussion followed regarding the process for obtaining an independent arborist, the
tree valuation process and no requirement for noticing homeowner associations on
removal of standard trees.
Motion by Commissioner Marston, second by Commissioner Cole, to continue
item to allow for the evaluation of the subject tree by an independent arborist. Motion
carries by the following roll call vote:
Ayes: Commissioner Cole, Commissioner Englebrecht, Chair Howald,
Nays: Commissioner Anderson and Hayes,
Absent: Commissioner Hamilton, absent.
B. Special Tree Removal - 431 Santa Ana Avenue
Recommendation: Consider staff's recommendation to remove one Special City
Eucalyptus - Neighborhood tree from Joseph Smith at 431 Santa Ana Avenue; if
approved tree will not be replaced at this location, instead a 36" box tree will be
planted elsewhere in the community.
Manager Sereno provided details of the staff report addressing location, existing
conditions, tree maintenance, damage of the trees by Southern California Edison
over the years and staff findings. He corrected the staff report noting that staff is
recommending a tree replacement, but not at the subject site.
Discussion followed regarding Southern California Edison pruning of specific trees.
Chair Howald opened the public comments; Seeing none, the public
comments were closed.
Motion by Commissioner Hayes, second by Commissioner Anderson, to remove
one Special City Eucalyptus - Neighborhood tree from Joseph Smith at 431 Santa Ana
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November 3, 2015
Page 5
Avenue; if approved tree will not be replaced at this location, instead a 36" box tree will
be planted elsewhere in the community. Motion carries by the following vote:
Ayes: Commissioner Anderson, Commissioner Cole, Commissioner Englebrecht,
Commissioner Hayes, Commissioner Howald, Commissioner Marston
Absent: Commissioner Hamilton, absent.
C. Special Tree Removal - 1700 Starlight Circle
Recommendation: Consider staff's recommendation to remove one Special City
Eucalyptus Tree - Neighborhood tree located at 1700 Starlight Circle; if approved
tree will be replaced with same type and location.
Landscape Manager Sereno presented details of the staff report addressing location,
details of the request, existing conditions, sidewalk damage, challenges to making
the necessary improvements without removing the tree, findings and
recommendations. He added that staff recommends replacement with the same
species and involvement of the appropriate property owner.
Chair Howald opened the public comments.
Jim Mosher expressed confusion regarding whether a replacement tree will be
planted at the same location or a different one. He then asked whether a new,
smaller tree will be planted in the same place after improvements are made.
Manager Sereno explained that the tree to be removed will be replaced with another
tree at the same location and another tree will be planted at 1700 Starlight Circle, of
the same variety.
Chair Howald closed the public comments.
Motion by Commissioner Englebrecht, second by Commissioner Marston, to
remove one Special City Eucalyptus Tree - Neighborhood tree located at 1700 Starlight
Circle; tree will be replaced with same species type and at same location. Motion carries
by the following vote:
Ayes: Commissioner Cole, Commissioner Englebrecht, Commissioner Hayes,
Commissioner Howald, Commissioner Marston
Abstain: Commissioner Anderson, abstaining
Absent: Commissioner Hamilton, absent.
D. Relocation Bench Donation - Buena Vista Blvd & West Edgewater Avenue
Recommendation: Consider request of Paul McDonough to relocate an existing
bench from the corner of Lindo Avenue at West Edgewater Blvd. to the end of
Buena Vista Blvd at West Edgewater Avenue; if approved Paul McDonough will
incur the costs of relocating bench and plaque.
Director Pisani presented details of the staff report. He addressed the request,
relocation of an existing bench, willingness of the applicant to fund the relocation of
the bench and notification of adjacent residents and original donor of the bench.
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November 3, 2015
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Discussion followed regarding staff recommendations, why the original location was
chosen, related policies, accessibility issues with the new location and the potential
of roots of the nearby tree damaging it or the bench.
Chair Howald opened the public comments.
Lisa Scorziell referenced a handout that she submitted for distribution and spoke in
opposition to relocating the bench. She reported that Mr. McDonough is not the real
party of interest nor the actual homeowner and lacks standing for this request. She
stated she is the homeowner adjacent to the proposed relocation site and expressed
concerns with reduced privacy. In terms of Mr. McDonough's claim that relocating
the bench will provide for a better view, she noted that this claim is subjective and
his opinion. Additionally, she stated that the original donor and others feel that the
current location is best. Currently there is a view of the park and the water and the
movement of the bench would provide only a view of the water. She reported that the
bench was there when the applicant moved to the property and that relocating it
would reduce her privacy. She reported that the functionality of the bench would be
lessened with its removal and addressed public access and additional public benches
in the area. She urged the Commission to deny the public bench relocation request
and submitted two signed letters from nearby property owners in opposition to the
proposed project.
Mr. Scorziell addressed the locations of other benches on Edgewater. He added that
roots from the nearby tree will affect access to the bench and reduce accessibility to
the nearby park.
Paul McDonough thanked the Commission and staff and deferred to the property
owner of the home.
Carolyn Stockton, property owner at 350 Buena Vista, reported that when she moved
in that there was no bench at that location. When the case was originally heard, there
was no noticing done nor impact studies. She referenced to Council Policy G-5 which
was in effect at the time and reported that noticing was never done. She expressed
concerns with impacts to her privacy.
Mr. McDonough addressed lack of privacy, after-hour violations, and alcohol
consumption and noted that the area is not supervised. He added that if staff's
recommended relocation is not satisfactory, there are alternative locations, on the
peninsula, for the bench.
Ms. Stockton opined that the view is better from the proposed location and asked
that the Commission approve the request.
Tom Kupfrian stated that his wife's family donated the bench, referenced a letter
submitted by her and asked that the Commission maintain the bench where it is
currently located. He added that it had been a special place for his wife’s sister, Cora,
and commented on the loss of view of the park if the bench is relocated.
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November 3, 2015
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In response to Chair Howald's inquiry, Mrs. Kupfrian reported that the bench was
donated in 2002 and noted that neighbors had been in attendance when the matter
was originally heard, and reported there were no objections at that time.
Mary Fletcher reported that moving the bench will add a burden to the homeowner
near the new location. She spoke in opposition to relocating the bench.
Jim Mosher addressed the current and proposed locations and commented on the
original subdivision of the area. He reported that the map presented by staff is out of
date, addressed the public area and commented on Council's actions regarding same
without involving the PB&R Commission.
Chair Howald closed the public comments.
Discussion followed regarding the park and current view, loss of park view with the
relocation of the bench, whether it is a City park, maintenance and the length of time
the bench has been in its present location.
Motion by Commissioner Englebrecht, second by Commissioner Cole, to deny the
request of Paul McDonough to relocate the existing bench from the corner of Lindo
Avenue at West Edgewater Boulevard to the end of Buena Vista Boulevard at West
Edgewater Avenue. Motion carries by the following vote:
Ayes: Commissioner Anderson, Commissioner Cole, Commissioner Englebrecht,
Commissioner Hayes, Commissioner Howald, Commissioner Marston
Absent: Commissioner Hamilton, absent.
7) PARKS, BEACHES & RECREATION COMMISSION / STAFF
ANNOUNCEMENTS, AD HOC UPDATES OR MATTERS WHICH
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM)
Director Detweiler provided a summary of promotions, and lateral transfers to the
Recreation Department in relation to the opening of Marina Park. She addressed the
Movies-in-the-Park events, and reminded the Commission of the Marina Park Grand
Opening on December 5, 2015, at 10 a.m.
Chair Howald commented on the Coral tree at Ensign and Director Pisani reported
that a replacement tree was planted yesterday as the original replacement tree was
damaged upon delivery. There were no additional costs, and he noted that the City
appreciates the community for donating it.
Discussion ensued regarding the City not meeting its water conservation goals and
the Commissioner questioned staff about the grass in front of City Hall and parks.
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November 3, 2015
Page 8
Director Pisani reported that the grass in front of the Civic Center was damaged
during an event and will be reseeded later in the year. He addressed cuts in irrigation
in specific areas of the City.
Discussion followed regarding City parks that use reclaimed water.
Chair Howald requested an update on the City's water-conservation efforts, on a
future agenda.
Commissioner Hayes commended the City for the landscaping work on Dover Drive.
8) PUBLIC COMMENTS ON NON-AGENDA ITEMS - None
9) ADJOURNMENT – 7:45 PM
Submitted by: ________
Teri Craig, Admin Assistant
Approved by: _____
Walt Howald, Chair
Teri Craig
WaltHowald