HomeMy WebLinkAboutWRITTEN COMMENTS 11-03-15November 3, 2015, PB&R Agenda Comments
Comments on Newport Beach Parks, Beaches and Recreation Commission agenda submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229)
Item 5.A. Minutes of the October 6, 2015 meeting.
The following minor corrections are suggested:
Page 2, Item (6)A, paragraph 1: “Director Pisani introduced the item, noting that it an appeal
of a denial of her a request to remove two City Eucalyptus trees at 445 Begonia Avenue.”
[without reading the staff recommendation that precedes this, readers may have trouble
determining who “her” refers to]
Page 3, paragraph 1: “In response to Commissioner Hamilton, Manager Sereno stated that
he counted approximately 30 similar trees on both public and private property along 2nd
Avenue. He added that the trees on Poppy are a different species of Eucalyptus trees and
react less-favorable favorably to pruning that the subject trees on Begonia.”
Page 3, paragraph 8: “Discussion followed regarding the power given to the City Manager,
specifically regarding the G-1 Policy and City Council. He expressed concerns that trees
could be wiped out at the discretion of the City Manager and asked how that could be
changed.” [It’s not clear from the context who “He” refers to. I seem to recall it was
Commissioner Englebrecht, but it could have been Chair Howald. Ideally the minutes should
identify who said this. If that is not possible, the comment should be rephrased in the
passive voice.]
Page 4, paragraph 1,sentence 2: “The plan is almost complete and will be being presented
to residents.”
Page 4, paragraph 2: “Director Detweiler commented on the recent OASIS Senior Resource
Expo and Taste of Newport OASIS, …” [I don’t know if the Director misspoke, but in the
City’s event announcement this was called "A Taste of OASIS" and consisted of offerings
from four senior living facilities. “Taste of Newport” (involving local restaurants) was an
annual event at Newport Center, originally, as I understand it, started as a fundraiser for the
City Arts Commission but later taken over and expanded by the Chamber of Commerce. It
has not been held since 2012.]
Item 5.B. Parks & Operations Division Activity Report
The September report once again indicates the number of trees removed substantially
exceeded the number planted.
Item 5.D. Tree Donation - Ensign View Park
While the $3,000 contribution from Arbor Real Estate was certainly generous, media reports
indicate the replacement tree that went towards was slightly damaged during planting and may
November 2, 2015, PB&R comments by Jim Mosher Page 2 of 4
itself need replacement. However, Councilman Petros’ oral report at the last City Council
meeting made it sound like the new tree will do fine.
Was or will there be a second replacement? And what was or will be the City’s total cost for
replacing the original failed landmark tree?
Item 5.E. Tree Donation - Grant Howald Park
1. It would seem helpful to say what the total amount of a donation like this is, rather than
merely saying it “is greater than $1,000.”
2. Since the donor made specific requests regarding the species of tree she wanted to
donate, it would also have been helpful to indicate why staff is proposing a different
species and if the donor is agreeable to the change.
3. I believe that at the last PB&R meeting Chair Howald asked staff to try to provide some
information about the person being honored by commemorative donations like this (for
example, Who were they? How are they connected to the donor? Were they a longtime
Newport Beach resident? Did they have some other special connection to the place
chosen?). I am unable to find any such information in the present report.
Item 6.A. Tree Removal Denial - 901 Chestnut Place
1. The “Tree Poster” reproduced as Attachment C on the last page of the staff report
suggests the present issue was mis-noticed to the public. The poster says staff is
recommending removal of the posted tree. In fact, staff is recommending denial of the
removal, that is, retaining the tree. If this is truly what the poster says, then those
passing my may make a decision to request (or not request) further information or attend
(or not attend) the hearing based on misinformation.
2. Also under the current City Council Policy G-1 it would appear that the Eastbluff
Homeowners Community Association should have been notified of the possibility of the
tree being removed as a result of the appeal. The staff report does not appear to
indicate they were notified.
3. The staff report mentions a lapsed prior (monetary?) claim against the City but does not
make clear what new specific removal request triggered the present item.
a. Policy G-1 appears to require initiating private removal requests by use of an
official “City Tree Removal form.” Was there a written request for removal with
the requesters’ explanation in their own words? Or is the form referred to in the
policy the same as staff’s “Tree Removal Request” memo provided as
Attachment A to the report (from which it appears the complaint is debris in an
adjacent pool and patio)?
November 2, 2015, PB&R comments by Jim Mosher Page 3 of 4
b. Whether or not there was a written request, it would have been helpful to provide
some site photos showing the City tree’s proximity to the Heinfeld’s yard and its
alleged impacts on it.
Item 6.B. Special Tree Removal - 431 Santa Ana Avenue
1. As with the previous item, it is unclear where the “City Tree Removal form” completed by
the requester is. Apparently staff’s “Tree Removal Request” memo provided in
Attachment A substitutes for it. That is fine, but as a result the Commission is potentially
deprived of seeing the requester’s explanation in their own words (although in this case
their letter is included two pages before the site photos).
2. The “Tree Inspection Report” (also part of Attachment A) dated September 8, 2015,
seems to be based on slightly outdated tree policies. According to the City Council
Policy G-6 adopted the night before there is no longer a single designated street tree for
Santa Ana Avenue.
3. Although the reason for the removal of the City tree (that it is blocking access to a
garage) seems meritorious, it does not actually appear to fit any of the grounds for
removal allowed in the current policies.
a. It might have been helpful to indicate the sequence of whether the garage was
built knowing access to it was blocked by the City tree.
b. Policy G-1 calls for the City to replace the trees removed under this protocol, but
that does not seem to be planned in this case per the note on the “Tree
Map/Inventory Detail” page. It is not clear how the Council policy can be ignored.
c. Policy G-1 also calls for the City to bear the full cost of the removals (and
subsequent replacements) initiated in this way, yet in this case the removal
seems solely for the benefit of the private requestor and provides little benefit to
the public in general (except possibly one less car on the street). It is not clear to
me why the public should bear the cost.
4. Finally, this appears to be a rather unusual street in which the private property lines are
close to the houses and on which instead of sidewalks, what most would assume are
private front yards are actually public right-of-ways (hence the City tree in what seems
like a private yard). This makes one wonder how the fence enclosing the public area got
approved?
November 2, 2015, PB&R comments by Jim Mosher Page 4 of 4
Item 6.C. Special Tree Removal - 1700 Starlight Circle
1. The staff report seems self-contradictory in that it says “If the removal is approved, a
replacement tree will be planted at the same location,” yet the aerial photo (second page
from the end of Attachment A) is marked showing the location of the tree to be removed
and a different location for the replacement tree.
a. If relocation is being recommended, the staff report fails to explain why.
b. And if the marked location is the proposed location for the replacement tree,
does it meet the standard of being “15 feet back of beginning of curb returns at
intersections” specified in Section III.2 of Policy G-6?
2. In the Google Maps street level photo of what is apparently the subject tree, the area of
what is alleged to be needed curb and sidewalk repairs is not visible.
a. Showing those would have been helpful.
b. Is it safe to assume the repairs are needed to correct damage caused by the
subject tree?
3. This is not the first case to come before the Commission claiming a need to remove
trees of this species in this area, either because of damage to streets/curbs/sidewalks or
to allow repairs of same. Yet the recommendation is to replace the offending tree with
another of the same species. Does staff have a longer term solution? Or is this
regarded as a normal reforestation cycle?
Item 6.D. Relocation Bench Donation - Buena Vista Blvd & West
Edgewater Avenue
1. This staff report also seems to be self-contradictory in that it says “Staff is attempting to
contact the donor,” but then goes on to claim the “bench donor(s) have received a copy
of this report.” It is hard to understand how the original bench donor could have received
notice if staff is uncertain how to contact her.
2. As for the reason for moving the bench, the original donor presumably had some reason
for wanting it where it is. Honoring that wish should be weighed against the current
applicant’s belief that another location would have a “better view.”
3. Since the current location is on public property separated from the current applicant’s
home by a public walkway, it is likewise unclear to me how the presence or absence of a
bench on that public property and facing away from his home materially affects the
residents’ “privacy.”