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HomeMy WebLinkAbout03/07/1989 - PB&R CommissionCITY OF NEWPORT BEACH Item No. 3 arks, Beaches & Recreation Commission March 7, 1989 City Council Chambers 7 p.m. INDEX Ex- Officio Member Present: .Ronald A. Whitley Staff Present: Jack Brooks, Park and Tree Maintenance Superintendent Mark Deven, Recreation Superintendent Dottie Flohr, Secretary I. PROCEDURAL MATTERS Item #1 - Call to Order Call to Order The meeting of the Parks, Beaches and Recreation Commission was called to order at 7:02 P.M. Item #2 - Roll Call Roll Call 'Roll call was taken. Commissioners Herberts, Konwiser, Springer, Taft and Vandervort were present. Commissioners Brenner and Grant were absent. Item #3 - Approval of Minutes - Meeting of February 7, 1989 Approval of Minutes Motion x Commissioner Taft moved the minutes of the February 7, Ayes x x x x x 1989 meeting be approved. Unanimous. Item #4 - Adoption of Agenda Adoption of Agenda The agenda was adopted as presented. II. ACTION ITEMS Item #5 - Animal Control Ordinance Animal Control Chair Konwiser turned the meeting over to Director Whitley Ordinance who referred to the proposed draft of the Ordinance which is being presented for further review since other Depart- ments are involved and are providing input. Director Whitley reported the Police Department was present to answer any questions and provide input to the Commis- sion's recommendations, particularly leash length and those sections the Commission recommended be retained. t Bill Lyons, Senior Animal Control officer, addressed the Commission. He stated the leash length of 6' is the state -wide acceptable length to keep an animal under control and, therefore, the Police Department recommends 3 this length remain in the Ordinance. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 2 City Council Chambers 7 p.m. INDEX Commissioner Taft referred to the two paragraphs the Commission recommended be retained, and Officer Lyons reported that since the Police Department feels the para- graphs are not clear and could be misinterpreted, they were deleted. He said the paragraphs sound like an officer would have to order someone out of the park before citing. With the paragraphs deleted, an officer has the option of giving a warning or issuing a citation. He added that the Ordinance does not prohibit dogs in parks, but they must be under control on the access areas. Commissioner Springer referred to the "Oops Scoop" machines used in-Laguna Beach which were discussed at the last meeting and stated she felt this would be the least restrictive procedure to follow. Commissioner Herberts pointed out the Commission agreed not to restrict citizens with dogs from the parks and '} that no City in Orange County does so. She also brought up the suggestion of raising fines and posting and ex- plained the•bail schedule, noting that a $25.00 fine, after court costs, etc., results in a $68.50 fine. Greg Armstrong from the Police Department addressed the Commission. He explained the reasoning behind rewriting the Ordinance and the different City factions involved. He said this City has the strictest animal enforcement policy in the County. He also referred to the paragraphs recommended for deletion and explained that they have become an issue in court as to reasonable doubt. The paragraphs can be misinter- preted and cause confusion; they want the Ordinance to be specific and clear to the public. He stated that the current City Ordinance regarding dogs in parks is vague and its prohibition unclear. Yet, the Police Department receives a large number of complaints regarding dogs in parks and dog nuisances in parks. The draft Ordinance is a compromise between those who would prohibit dogs from parks completely and those who wish to allow dogs in parks. He referred to the bail schedule by which the Judge makes a final decision and reiterated that a citation for $25.00 plbs costs results in a $68.50 fine. Fines may well'be increased and more fines added to the schedule. Enforcemen , however, would still be a problem. L� CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 3 City Council Chambers 7 p.m. INDEX Commissioner Herberts reported she spoke with the City Attorney who advised her that if it could be rewritten as an infraction, the fine could be so specified in the Ordinance and parks could be signed to this effect. Officer Armstrong explained parks can still be signed and that they recommend it be made clear where dogs cannot be in parks and enact a less restrictive policy. He stated this is a control issue, however, they don't dictate attitudes which is always a problem with any law. Mr. J. R. Blakemore, 1509 Harbor View Drive, addressed the Commission. He stated he has seen spring loaded leashes which do not control dogs and suggests this be addressed. Commissioner Taft stated he favors permitting dogs in parks but restricting them to the walkways. Commissioner Vandervort voiced her concern over the changes the Commission made at their last meeting which should be addressed. Director Whitley- advised that all the recommendations made are in a separate draft and that they will be incorporated into the Ordinance and transmitted to the City Council. Commissioner Herberts recommended the Ordinance be re- written with their changes before voting, particularly sinc two Commission members who were in favor of the changes are absent. Commissioner Vandervort agreed and suggested the item be continued until the full Commission is available-to vote. Director Whitley explained that this is a complex issue and there is a lot of inter - departmental review in the process. The City Manager has placed this item on the Study Session agenda for March 13 in order to provide an opportunity for everyone to give 'input. Those interested should attend the meeting. He also pointed out that those additions and changes recommended by the Commission will be incorporated into the draft which may be reviewed two or three more times by Council. Commissioner Springer suggested that since the Commission has now received answers and input to their questions from last month, they review their recommendations and decide Swhich ones to delete or retain. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 4 City Council Chambers , 7 p.m. INDEX Chair Konwiser stated he felt that if there is no time problem, the item be continued so that the Commission can review the revised Ordinance. In the meantime, their changes should be transmitted to the City Council even though this isn't a final decision. Commissioner Vandervort stated she felt Council should not receive the draft with the recommendations since some may be changed, or that Council should be aware that the Commission is no longer unanimous that leash length should be 8' and the two subject paragraphs the Police Department recommends be-deleted be retained. Motion x Commissioner Herberts motioned to continue this item and Ayes x x x transmit the revised draft to the City Council with copies Nays x x to the Commission. Motion passes. Chair Konwiser reported this will be an action item at the { ) Commission's April 4, 1989 meeting. Director Whitley reported he was just informed that the City Manager will ask Council to continue the item until after the Commission's review on April 4. Commissioner Vandervort asked that Greg Armstrong be invited to attend this meeting. Item #6 - Review of City Council Policy I -12, Obstruction Review of City Counci' of Views by Trees Policy I -12 Director Whitley reported that over a year ago this Commission was active in developing Policy-1 -12 which was intended to make statements with regard to trees causing view problems. It is a philosophical,policy to encourage trimming of trees. Unfortunately, the policy has not resulted in any changes with regard to improving views. Therefore, the policy'is being brought before the Commis- sion for review with three recommendations, namely (1) Modi y policy to provide stronger enforcement, or (2) Reaffirm existing policy, or (3) Eliminate the policy. Chair Konwiser opened the meeting to Public Testimony and Mr. Jim Wharton, 1033 Goldenrod, addressed the Commission. Representing the Harbor View Hills Association, he stated they had hoped the policy would encourage other association!, ( i specifically Irvine Terrace, to trim their trees. However, - the policy has not worked and there is a continued invasion of view space by overgrown trees which also affects the / b CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 5 City Council Chambers 7 p.m. INDEX value of their homes. He reported they have received cooperation from other associations but not Irvine Terrace and are asking this Commission's help in doing so. Mr. J. R. Blakemore, 1509 Harbor View Drive, addressed the Commission and stated proper trimming is an advantage to both the homeowners and the City since it inhibits root growth, preserves the view value and encourages beautiful growth. He recommended a study be done to see what.the City can do to prevent overgrown trees. "Jean Morris, 1032 Sea Lane and member of the Harbor View Hills Homeowners Association, addressed the Commission. She stated she has lost her unobstructed view of the Bay which could still be corrected. She asked that the City study this matter so they can have a tool, such as an Ordinance, to enforce tree trimming policies. Chair Konwiser reported he has lived in Harbor View Hills and presently lives in Irvine Terrace. He explained that Irvine Terrace is much older and the area was developed before the CC &R's were written, which do not allow the Board members to come on private property as do modern CC &R's. They have tried to change them but to no avail. He suggested the most effective way to attack the problem might be to address each homeowner on a one to one basis to achieve the necessary cooperation. Commissioner Springer stated.she had originally voted against I -12 since she didn't think it would be effective. She would vote for I -12 if the City Attorney could provide an effective method of enforcement, but this is extremely doubtful since private property is involved. The only other option would be in the form of a lawsuit. Chair Konwiser stated he agrees with the policy but feels it is worthy to ask the City Attorney if there is anything that can be done with regards to enforcement. Commissioner Vandervort concurred. Motion x Commissioner Taft moved to retain the policy and refer it to Ayes x x x x x the City Attorney for ideas on enforcement. Commissioner Vandervort amended the motion to include researching other coastal communities. Unanimous. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 6 City Council Chambers . 7 p.m. INDEX ' Item #7 - Appeal on Street Tree Decision, 2137 Aralia Appeal on Street Tree Director Whitley reported a letter was received from the Decision owners appealing the Street Tree Committee's decision to retain the tree. Mrs. Karen Drumwright, 2137 Aralia, addressed the Commis- sion. She stated her sewers have backed up twice due to the tree roots and there will probably be another back up. She feels the tree is not only an eyesore, but is also breaking up the sidewalk and the falling blossoms stick on their car in the summer. Commissioner Vandervort said she did not see any damage to the sidewalk, curb or gutter. In addition, the sewer lines are in the center of the lot, 8' from the tree, and the problems may be caused by the Ficus instead. For these reasons, she favors retaining the tree. Commissioner-Taft felt the tree is pretty, however, if it is causing sewer damage he would recommend removal. Mrs. Drumwright, 2137 Arabia, addressed the Commission. She indicated that she could just as well have taken the . tree out and said nothing like other people do. Commission r Springer advised her that she was mistaken, and that the City Attorney addresses unauthorized removal of trees for which the owners are responsible for their dollar value. Motion x Commissioner Vandervort moved to reaffirm the Street Tree Ayes x x x x Committee's decision that the tree be retained. Motion Abstain x passes. Chair Konwiser advised Mrs. Drumwright that she has the right to appeal the Commission's decision to the City Council. Item #8 - Arbor Day Program Arbor Day Program Director Whitley referred to the proposed Proclamation and briefly reviewed the Arbor Day concept and advised that April 28 is National Arbor Day. The Street Tree Committee has been working towards making this City an official Tree City USA, and one of the requirements is that the City have ( an Arbor Day.program. The other requirements have been satisfied. Staff recommends a subcommittee be formed to implement an Arbor Day program. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 7 City Council Chambers . 7 p.m. INDEX Motion x Commissioner Vandervort moved to endorse Arbor Day and Ayes x x x x x that Commissioners Brenner and Herberts be authorized to work with staff to develop the program and other activities. Unanimous. Item #9 - Park Bond Park Bond Director Whitley reported the City Council reviewed the report submitted. Since two Councilmembers were absent, Council asked that the same report be on their Study Session agenda for March 13 to which the Commission is welcome to attend. The two recommendations for the Commission's review are (1) Request the City Council to implement a bond issue for Park and Open Space purposes, or (2) Request the City Council to pursue park and open space agreements with developers for selected locations. Director Whitley reported he received a letter from Commissioner Grant suggesting.Council pursue a comprehensive plan to develop agreements with developers for selected locations and that dedications for public land be made prior to the development of projects. Discussion ensued on the probability of a bond issue being passed. In the past, this has been very hard, however, Commissioner Herberts pointed out the latest Wildlife and Park Bond received 63% affirmative votes by the City in 1988 as opposed to 31% negative. Commissioners Vandervort and Taft both felt that since some parks are not heavily used, a study should be done to set goals and identify specific types of parks, their usage and need in' certain areas - Director Whitley advised the Recreation and Open Space Element addresses this issue as to deficient areas. Motion x Following discussion, Commissioner Taft moved to continue Ayes x x x x x this item to the April 4, 1989 Commission meeting. Unanimous. Item #10 was addressed following Item #7. Item #10 - Volleyball Application Volleyball Applicatio � Commissioner Taft, Chair of the Oceanfront and Beach Committee, read the report submitted concerning pending installation of a volleyball court at 31st Street. Chair CITY 'OF NEWPORT BEACH arks, Beaches & Recreation Commission Em City Council Chambers . 7 p.m. INDEX Konwiser opened the meeting to Public Testimony and Mr. Max Morgan, 3004 W. Oceanfront, addressed the Commission. He.reported he thought that on December 6, 1988 when the Commission approved installation at this site that they were addressing 3012 West Oceanfront. As a result he feels he was not properly notified and has now submitted the proper application to oppose installation at 31st Street. He stated these are back to back courts and they would only have 9' of beach in front of their house. In addition, there is a bike rack, trash can and lifeguard station at 31st Street, resulting in more crowds and trash. Sally Colome, 106 31st Street, addressed the Commission. She stated the area is too crowded and noisy already and a volleyball court at 31st Street would present further imposition to this location. Mark Deven advised he received a telephone call from Helen Moore, 3112 West Oceanfront, opposing installation of a court at 31st Street. Motion x Commissioner Taft moved to support the group that is Ayes x x x x against installation so that the Commission's recommendation be to not install a court at 31st Street. Unanimous. III. PUBLIC COMMENTS IV. DISCUSSION ITEMS Item #11 - Status of Capital Projects Status of Capital The capital projects report was briefly reviewed and Chair Projects Konwiser asked that the Legends be more clearly marked. Item #12 - Commission Committee Reports Commission Committee a. Capital Improvements - No report. Reports b. Street Tree - Chair Herberts reported there is an older Carob Tree on Third Street that has termites and the owner feels they are entering his house. Jack Brooks advised he will get a special permit to spray. t There were three tree requests before the committee, two of which were denied and one approved. c. Recreation Program - Chair Vandervort reported the new �u spring brochure was recently mailed and all the current programs are going well. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 9 City Council Chambers 7 p.m. INDEX d. Oceanfront and Beach - Chair Taft advised his report was addressed under Item #10. e. Budget - Director Whitley reported he was pleased with the preliminary budget session•and thanked the Commis- sion for their support. He will present a summary at the Commission's next meeting on April 4. f. Open Space Acquisition - Addressed under Item #9. g. Chair's Report - No report. Item #13 - Commission Liaison Reports Commission Liaison a. No report on Friends of Oasis due to Commissioner Reports Brenner's absence. b. Commissioner Herberts reported that Mary Slack from the Friends of the Theatre Arts Center has proposed that one performance at each production be a fundraiser for a charitable organization. Mark Deven advised that since the City supplements the Theatre's operations at no charge, there is a valid concern that this idea would not be appropriate. Commissioner Vandervort reported "Lil Abner" was excellent and Mark Deven pointed out that it was sold out during its last three weeks of performance. Item #14 - Recreation Division Recreation Division Mark Deven explained that a Purchase Order was issued to Assured Electrical Contractors, Inc. to re -aim the lights and provide glare shields by April 21 at Bonita Creek Park. Item #15 - Park and Street Tree Division Park and Street Director Whitley reported staff will meet with the President Tree of the Peninsula Point Association along with the Street Division Tree Committee to discuss the Association's tree concerns.- Commissioner Vandervort asked how a.dollar value is arrived at for a tree and Director Whitley explained that a formula I is used involving species, caliber, location, etc. He also reported the City Attorney has the names of those who have removed trees without City authorization. A letter will be sent advising them that if they don't pay for the value of 1 the tree, the matter will go to Small Claims Court. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 10 City Council Chambers 7 p.m. INDEX Item #16 - Future Agenda Items Future Agenda Director Whitley reported he will not be able to attend the Items April 4, 1989 Commission meeting since he will be out of the country. VII. SPECIAL, URGENT OR LAST MINUTE ITEMS VIII. ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission adjourned at 9:45 P.M. The agenda for this meeting was posted on February 28, 1989 at 3:00 P.M. outside the City Hall Administration Building. I ) /�QJ�- GtiC.I; ��eY .lLtAr. Dottie Flo r, Secretary Itj--,