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Home My WebLink About05-05-1992 - AgendaCITY OF NEWPORT BEACH PARKS,, BEACHES AND RECREATION COMMISSION • REGULAR MEETING TO BE HELD TUESDAY, MAY 51 1992 CITY COUNCIL CHAMBERS 7:00 P.M. I. PROCEDURAL MATTERS 1. Call to Order 2. Roll Call 3. Approval of Minutes - Meeting of April 7, 1992 4. Adoption of Agenda II -. ACTION ITEMS 5. Tree Removal Request at 2701 Ocean Blvd., Corona del Mar (Letters and Report Attached) 6. Harbor View Hills Trees (Letters and Report Attached) III. PUBLIC COMMENTS • IV. INFORMATIONAL AND COMMITTEE REPORTS 7. Recreation Division '(Report Attached) 8. Park and Street Tree Division (Report Attached) 9. Tree Committee - Chair Herberts 10. Recreation Program Committee - Chair Grant 11. Park and Open Space Committee - Chair Compton 12. Beach Committee - Chair Glasgow 13. Budget Committee - Chair Konwiser 14. Oasis Liaison - Commissioner Demmer' 15. Chair's Report - Chair Vandervort V. DISCUSSION ITEMS 16. Status of Capital Improvement Projects (Report Attached) VI. SPECIAL. URGENT OR LAST MINUTE ITEMS . VII. ADJOURNMENT Item No. 3 CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission April 7, 1992 City Council Chambers 7 p.m. INDEX Ex- Officio Member Present: Ronald A. Whitley Staff Present: Nancy Beard, I 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 Compton, Demmer, Glasgow, Grant, Herberts and Vandervort were present. Commissioner Konwiser wns absent. Item 03 - Approval of Minutes - Meeting of March pproval of 3, 1992 Minutes Motion x Commissioner Compton motioned the minutes be Aygs x x x x x x x approved as presented. Unanimous. Item #4 - Adoption of Agenda ;Adoption of Motion x Commissioner Compton moved to adopt the agenda as Benda Ayes x x x x x x x presented with the addition of Park and Recreation Conference and Joint Meeting with City of Costa Mesa to be addressed under Item #16. Unanimous. II. ACTION ITEMS Item #5 - Introduction of New City Manager Kevin Introduction Murphv f New .City Director Whitley reported he was pleased to anager formally introduce the new City Mara -fer, Kevin • Murphy, who brings both energy and cvpertise to the City. Mr Murphy stated it was his pleasure to be selected City Manager and that he is proud to be able to serve the City. He noted that he is well CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 2 Citv Council Chambers 7 .o.m. INDEX aware of the City's outstanding facilities under this Commission's jurisdiction and looks forward to help develop and monitor their use. f Mr. Murphy gave a brief background of his education and work in public service and said he hopes to be a resident of the City very soon. Item #6 - Approval of Preliminary Plan for Bolsa pproval of Ave. Mini Park reliminary Ian for Director Whitley reported that the subject park olsa Ave. was on the Commission's agenda two months ago and iiii Park that the surrounding neighbors urged the park project be started. As a result, Public Works hired a consultant, Mr. Robert Pedersen, to prepare a preliminary plan which is now before • the Commission for approval. Mr. Pedersen has been responsible for numerous parks in' Orange County, including Mile Square Park in Fountain Valley. Mr. Robert Pedersen addressed the Commission and pointed out that this is a small lot of approximately 60' x 1201. Although his main concern is its small size which cannot accommodate basketball courts, shuffleboard, etc., the park will be ideal for people to walk to or from the nearby commercial areas and for families to enjoy. Referring to the preliminary plan, Mr. Pedersen explained the terrain, drainage and locations of the retaining and planter walls, tot lot, play area and ramp access for the handicapped, the latter of which is now required by the ADA. The park was designed with information from staff and representatives from the neighborhood. In response to a question from Commissioner Grant, Director Whitley explained the proposed BBQ area could be used by local families. Should this become a problem; they can be removed and • relocated where they are needed. Commissioner Grant recommended adding a shade structure over the picnic tables, and both Director Whitley and Mr. Pedersen commented that this could easily be done. CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 3 Citv Council Chambers 7 D.M. INDEX In response to a question from Commissioner Demmer, Mr. Pedersen explained the location of the 101 post lights and that those closest to the residents will be shielded. In response to a question from Commissioner Compton concerning the proposed construction on the north end, Mr. Pedersen stated that if the park were built now, there would be a 6' wall constructed adjacent to the north side. If the park were delayed, the commercial property owner would construct a retaining wall at this location. Commissioner Demmer questioned if the Specific Area Plan, which includes this park location, should be completed first before the park is • constructed. Director Whitley advised that the Commission can still approve the plan and then wait for further direction. Chair Vandervort opened the meeting to Public Hearing. Mr. Roger Schwenk, 238 Tustin Avenue, who owns a business at 477 Old Newport Boulevard, addressed the Commission. Mr. Schwenk stated that although he is not opposed to the park, he is concerned that the commercial owners were not polled for their input as were the residents. Mr. Neal Dofezmier, 3247 Broad Street, addressed the Commission. Mr. 'Dofezmier thanked the Commission for moving swiftly forward on the park and felt the proposed plan is a good one. He stated the residents are in support of the park and felt the commercial owners were also. Shari Rooks, 3308 Clay Street, addressed the Commission in support of the design of the park. She felt the BBQ area is a good idea and agreed • that it could be removed if it becomes a problem. Ms. Rooks explained that the petition for the park was not passed along to the commercial owners since the park would have more effect on the residents. in addition, they did not CITY OF NEWPORT BEACH G` Parks, Beaches & Recreation Commission Page 4 City Council Chambers 7 p.m. INDEX anticipate that the commercial owners would have any objections. Mr. Roger Schwenk, 238 Tustin Avenue, questioned why the commercial owners were not notified in the past about the proposed park. He also urged that the Specific Area Plan be considered when developing the park. Director Whitley explained that the concept was initiated through the residential petition and that notification was mailed to those on the petition. In addition, notification was posted in the area, by agenda and by the newspaper. Mr. Gregg Schwenk, 238 Tustin Avenue, addressed the Commission. He stated he saw no postings in • the area and was concerned that the commercial owners were not notified. He the urged Commission to slow the process down until possible zoning changes on old Newport Boulevard are determined. There being no further public testimony, Chair Vandervort closed the meeting to public hearing. Motion Commissioner Grant motioned to approve the preliminary plan. He suggested factors such as lighting, the ADA requirements, the wall and shade structure be reviewed and addressed. Director Whitley advised that should the Commission approve the plan, the architect can then proceed with the specifications. No construction funds have been approved at this time. There will also be further opportunities for public input when the City Council reviews the plans and specifications. Unanimous. Item #7 - Tree Removal Appeal - 1050 Santiago Tree Removal Drive Appeal • Chair Vandervort reported the subject tree is at 1050 Santiago Drive, not 1750 as presented, and that the Commission was informed of the incorrect address. Staff feels this is a good parkway tree and recommends it be retained. Motion Ayes • X X CITY OF NEWPORT BEACH ,Parks, Beaches & Recreation Commission Page 5 City Council Chambers 7 p.m. INDEX ddressed e tree's .ve been quests a :hat the issioner sautiful ked for he tree. n appeal ncil, or again if state. s to the :om 3:00 will be tee will it next Canyon City to Joaquin iyon and replace It was )ciation such as :ements. Recreation Division Park and Street Tree Division Tree Committee Mr. Harrell Kloke, 1050 Santiago Drive, a the Commission and agreed that some of tb problems, such as the fire blight, he resolved since the storm. However, he re new tree due to shedding problems and tree's roots are raising the sidewalk. During discussion by the Commission, Comm Herberts stated she felt the tree is b and would not object if Mr. Kloke a: another review at a later date. Commissioner Compton motioned to retain t X x x x x Unanimous. Chair Vandervort informed Mr. Kloke he ca the Commission's decision to the City Cou the Tree Committee can review the matter the tree returns to its former diseased III. PUBLIC COMMENTS IV. INFORMATIONAL AND COMMITTEE REPORTS Item #8 - Recreation Division Commissioner Demmer .passed out invitatior Oasis Center's Open House on April 22 f: P.M. to 5:00 P.M. Mayor Sansone dedicating the new wing at this time. Item 09 - Park and Street Tree Division Report received and filed. Item #10 - Tree Committee Commissioner Herberts reported the commit be reviewing 4 tree requests at the meeting. There was a request from the Mesa Community Association asking for the remove the Eucalyptus Trees on the San parkway between the west gate of Big Cai Jamboree Road. The Association would them with Liquid Amber at their expense. decided that Jack Brooks will ask the Ass: for more clarification of their request, the number of removals and size of repla( ddressed e tree's .ve been quests a :hat the issioner sautiful ked for he tree. n appeal ncil, or again if state. s to the :om 3:00 will be tee will it next Canyon City to Joaquin iyon and replace It was )ciation such as :ements. Recreation Division Park and Street Tree Division Tree Committee CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 6 City Council Chambers 7 .p.m. INDEX Commissioner Grant recommended that if the removals are approved that consideration be given to removal /replacement of every other tree so that the area is not denuded. Commissioner Compton pointed out the King Palms in the median on the west side of Coast Highway from Superior to the Santa Ana Bridge are dying. Director Whitley replied that the Cal Trans contractor has been notified about this problem. Commissioner Compton recommended the southwest side of the intersection at Newport Boulevard and Pacific Coast Highway is in need of larger trees rather than Palms. Director Whitley explained that the City administers the contract through the Public Works Department in cooperation with • Cal Trans, however, he will pursue and report back. Commissioner Grant suggested that the Parks, Beaches and Recreation Department review plans for areas that they will be maintaining. Commissioner Herberts invited the Commissioners to Arbor Day which will be held on April 24 at 10:00 A.M. at Harbor View Elementary School adjacent to Grant Howald Park. Item #11 - Recreation Program Committee Recreation Program No report from Commissioner Grant. Committee Item #12 - Park and Open Space Committee Park and Open Space Director Whitley explained that all new Committee facilities must comply with ADA requirements, one of which is that playgrounds must be accessible to the handicapped. We will also try to implement this at an existing facility on each side of town. Item #13 - Beach Committee Beach • Committee Commissioner Glasgow reported the committee approved 10 new experimental volleyball poles which won't have to be maintained and painted. He recommended they be located at high usage areas and that input be solicited from the n LJ • CITY OF NEWPORT BEACH ,Parks, Beaches & Recreation Commission Page 7 City Council Chambers players. 7 p.m The request for additional courts at the Newport Pier has been deferred. Item #14 - Budget Committee Director Whitley reported the committee met with the City Manager and they were pleased with the preliminary approval considering this is a critical fiscal year. Item #15 - Oasis Liaison Commissioner Demmer members now and they recreation programs calligraphy, crafts and the new expansion at beautiful and encourag attend the open House 0 5:00 P.M. reported have just such Oasis has 3500 included some new as self defense, crocheting. She toured the Center which is ed the Commissioners to April 22 from 3:00 to n In response to a question from Commissioner Compton, Director Whitley,explained that Oasis is also open to non residents of Newport Beach. Item #16 - Chair's Report Chair Vandervort reported the current play at the Theatre Arts Center is "'Cat On A Hot Tin Roof" and encouraged the Commissioners to attend. Chair Vandervort reported several Commissioners attended the Park and Recreation Conference in Long Beach on March 6, 7 and 8. She stated she attended a program on "Effective Communication Between Commissions, Council and Staff" which was very informative and passed out informational handouts she received. Commissioner Demmer stated she felt the conference was excellent and that she attended "Park Issues on the 1992 Ballot" and "Alternative Methods Available to Finance Recreation and Park Improvements" which made her more aware of new products and concepts in recycling. Commissioner Grant recommended identifying areas INDEX dget mmittee a§is iaison is CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission City Council Chambers 7 p.m. INDEX for recycled containers, such as Corona del Mar State Beach, and Director Whitley advised he will transmit this to the General Services Director. Commissioner Compton recommended joint cooperation with a vending machine company be pursued for recycled products at the beach. Director Whitley will also transmit this idea to the General Services Director. Commissioner Demmer recommended pursuing child care programs which are very cost effective and successful. Commissioner Glasgow recommended the Commissioners be informed prior to a conference as to who the City's key vendors are so that they can be more informed when attending the • conference. In response to a question from Commissioner Compton on the East Bay Regional Park District programs, Director Whitley explained this was formed in the late 1950's in the Oakland area wherein the people assessed themselves in 4 counties in order to pay for park space. Chair Vandervort reported the Commission's joint meeting with the City of Costa Mesa's Commission will be April 22 at 5:00 P.M. and asked for suggested items for this agenda. Commissioner Grant recommended that the calendar and goals and objectives be addressed in addition to an informative presentation by each committee chair. He further suggested that common use of fields by youth groups be discussed. Commissioner Compton recommended discussion on joint ventures, such as developing Irvine Boulevard and the north end of West Newport. V. DISCUSSION ITEMS • Item #17 - Status of Capital Improvement Pro -iects Status of F1 Capital Report received and filed. Improvement Projects VI. SPECIAL, URGENT OR LAST MINUTE ITEMS CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Pdg@tA Citv Council Chambers 7 D.m. INDEX VII. ADJOURNMENT There being no further business, the Parks, Beaches and Recreation Commission adjourned at 9:47 P.M. The agenda for this meeting was posted on March 31, 1992 at 8:00 A.M. outside the City Hall Administration Building. Dottie Flohr, Secretary • Item No. 5 • CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: April 27, 1992 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: TREE REMOVAL REQUEST, 2701 OCEAN BLVD., CORONA DEL MAR The attached letters represent a long standing view problem caused by an authorized tree planting in the public right of way associated with 2701 Ocean Blvd. Your careful review of the letters from both parties should identify the concern on this matter for the Commission. A visit to the site will also help in making a decision on this matter. 40 Additionally, Mr. Carter Wurts of 2700 Ocean Blvd. is providing additional material that is attached to this report for the Commission's information. If there are questions, please call. 40 Ronald A. Whitley . CARTER B. WURTS 2700 OCEAN BLVD. CORONA DEL MAR, CA. 92625 673 -0732 April 26,1992 Mrs. J. Vandervort, Chairperson Parks, Beaches & Recreation Commission City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92660 Reference: City Right -of -way located at 2701 Ocean Blvd., Corona del Mar. Dear Commissioner Vandervort; The purpose of this letter is to focus the city's attention on the illegal use of its right -of- way property located at 2701 Ocean Blvd., Corona del Mar. The illegal use consists of landscaping and hardscaping for which no permitting documents exist. Our objective is to change the landscape so that it is in harmony with surrounding and adjacent city right -of -way. The authorization for this action by the Parks, Beaches & Recreation Commission is City Ordinance 13.08.030 Removal or Relocation of Plants by City. We are owners of the residence located at 2700 Ocean Blvd, Corona del Mar. This property is located directly across from the 2701 right -of -way and residence which is the subject of this action. A plot plan showing the 56 ft. to 61 ft. deep right -of -way at 2701 Ocean Blvd. is attached for reference. The right -of -way extends from the street curb to the 2701 residence. The residence is situated on the face of the bluff, below the level of Ocean Blvd. The 2701 resident has removed the original bluff top grass park area and installed a wide variety of trees, shrubs, plants, walls, walks and pads on this city right -of -way. A diligent search of city records from several departments has failed to locate any permitting documents for landscape or hardscape of this city property. C7 In effect, without any public notice, hearings or permits, the city has allowed exclusive private use of its property inconsistent with the rights of the public. If allowed to continue, the effect is the granting of an easement of the public right -of -way to the adjacent property owner. The city has allowed, without correct permit procedure, landscaping consisting of specimens which block the public's and surrounding residents' views of the channel, bay, and ocean, which is inconsistent with the general public welfare. These specimens must be removed, with Ordinance 13.08.030 providing authority to do this. The city must re -assert its control over this right -of -way property. If the resident is to be allowed to landscape the city's right -of -way, it should do so only after complying with the usual public- hearing procedure which would set acceptable parameters for the public and the resident. Any permitting should also include maintenance requirements agreeable to all parties. Some excellent examples of landscape design that would be effective for the public and the resident in this situation have been created by the city in this area in recent years. The work completed at Lookout Point, Inspiration Point and Little Corona Park on the right -of -way are excellent examples of the use of grass, low wood curbs and ground cover to provide maximum beauty and use to benefit the public. Another example is the right -of -way landscape at 2711 Ocean Blvd., which is adjacent to 2701. It effectively uses the grass parkway with a low hedge to define the bluff top. This result is the subject of an agreement between myself and the 2711 resident, a copy of which is attached. It could serve as a guide for the resolution of the 2701 issue. The following exhibits are included to help with this issue. I. 2701 Ocean Blvd. Plot Plan of right -of -way and residence. 2. Composite photo illustrating a deck view from 2700 Ocean Blvd. in 1971. 3. 1992 photo showing impingement of view by trees planted at 2701 since 1972. 4. 1992 view through the right -of -way from 2700 living room window. 5. 1992 photo showing impingement of view from street level due to landscape at 2701. 6. Landscape Agreement for 2711 Ocean Blvd. right -of -way and residence. 0 - -2 -- 0 In summary: • The city right -of -way at 2701 Ocean Blvd. has been illegally modified with landscape to the public detriment. • The Commission should act to correct this condition by removal of all land- scape specimens pursuant to Ordinance 13.08.030. Further consideration of landscaping this section of the right -of -way should be subject to the public comment and review process. Any final resolution should be subject to a suitably reviewed maintenance agreement. If there are any questions that could be answered to help clarify any points, I would be pleased to respond at any time or at the May 5, 1992 Commission Meeting. 0 CBW:kw cc: Ronald A. Whitley Per H. Trebler, Attorney -at -Law John Gray • Sincerely yours, --3-- z W too W. v i� �Llu w- �Tp r �W r 2 Q9, Al W� Vj OW Low i.i c4• J� �4 3 c Ul i 0 u C W 1 I \ \ i I J1 1 � bee\ 0�1 d0 t' \0 U2 ' ¢ m Lry w, •. � � �s -Z r �Q 1 a t, ` 1 i = .1 i 1 it A jj { A i I .=s> 1 I a t, ` 1 i = .1 d 1 7' { I {' z I t� d 1 7' 1 t i •Yi n h i ) Al � 9 ill �✓ <'i O C N Sf5 .I_. R O C N c �m AUK > 0 0 s oa lCw� -o W o' v oo 0 CCO N � rn > �co U O IN JI. 4 , � I ti r I I 1 • 4 A f 1 t e N �A I I 1 I ,i A• S ,9 9 L�] Exhibit 6 Landscape Agreement for 2711 Ocean Blvd. right -of -way and residence April 25, 1976 California Coastal Zone Conservation Commission South Coast Regional Commission 666 East Ocean,Boulevard, Suite 3107 P. 0. Box 1450 Long Beach, California 90801 Dear Sir$: Letter Agreement Between Mr. and Mrs. Carter B. tiiurts and Mr. and lira. H. L. Caldwell In consideration of Mr. and Mrs. Carter B. Wurts, 2700 Ocean Blvd., Corona del Mar, agreement to withdraw their objections to the California Coastal Zone Conservation Commission for approval of Permit P- 3 -10 -76 -7386 which is the construction of a three -story single family dwel- lin tramway, walks, exterior decks and landscapinfl, at fill Ocean Blvd., Corona del Mar by Mr. and Mrs. H. L. Caldwell$ we agree to modify proposed landscaping plans and substitute our agreement at any future landscaping between the street and the Ocean Blvd. residence on City of Newport Beach strip parkway would involve struct- ures and mature plant or tree specimens whose height is no greater than two feet above Ocean Blvd. street level. Further, mature plant specimens on the property known as 2711 Ocean Blvd. shall not excede the roof line height of the residence. If plant or tree specimens, through circumstances beyond my control, exoede the above stated heights, I agree to maintain them trimmed to these heights. Tnis agreement is binding on heirs, successors, assigns, and future owners of both stated proper Agreed to this day &L C Accepted c wm K. M. Wurts r' U • u March 6, 1992 City Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, Calif. 92660 Subject: Landscaping of the public right -of way located in front of 2701 Ocean Blvd., Corona Del Mar. Ordinance 13.08.030. Dear Sir; The attached letter concerning subject was sent to the Mayor on March 2, 1992. Please be aware that the subject 2701 Ocean Blvd. property, has been listed for sale. It is possible that Mr. Gray has requested a resolution with the city on his use of the city right -of -way in question, to clarify the issue for a potential new owner. By this notice, I request any action in this regard address the concerns raised in my attached letter. Thank you for your attention to this matter. Sincerely yours, Carter B. Wurts 2700 Ocean Blvd. Corona del Mar, Calif. 92625 673 -0732 cc: City Attorney, Robert Bernham Director, Parks, Beaches and Recreation, Ron Whitley Director, Planning, Jim Hewicker Director, Public Works, Ben Nolan John Gray Per Trebler, Attorney at Law t'� °pt�'x ".� ; �`�t " �' 1992•• b MARty O oii 4eaab m C ;m ti 7 r� 0 March 2, 1992 The Honorable Phil Sansone, Mayor City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca. 92660 Subject: Landscaping of the public right -of -way located in front of 2701 Ocean "Blvd. Corona Del Mar. Ordinance 13.08.030. Dear Sir-: We are owners of the residence located at 2700 Ocean Blvd, Corona Del Mar. This property is located directly across from the John Gray residence which is the subject of this complaint. (Note name formerly John Gay.) The Gray residence is situated on the face of the steep bluff above China Cove, below the level of Ocean Blvd. A zero foot set back modification request and plot plan showing a 56 ft. to 61 ft. Ocean Blvd city street right -of -way are • attached for reference. The right -of -way extends up to the street curb of Ocean Blvd. The Grays have installed walks, walls and a wide variety of shrubs, plants, and trees on the city's right -of -way. A search of city records failed to locate any permitting documents for hardscape or landscape of the right -of -way area. Our specific complaint at this time is directed at landscaping that has been allowed to grow to such a height, width and density, that it now seriously and unreasonably obstructs our view of the ocean, channel and bay. It should also be noted that the wall erected as part of the hardscape is objectionable in that it shuts off channel entrance views and also restricts public access. In the past we have attempted to resolve this dispute with the Grays informally but have had no success. Therefore we find it necessary to turn to the city for assistance to reach a resolution which is fair to the public and us. It is requested the city council take action pursuant to ordinance 13.08.030 "Removal or Relocation of Plants by City" and restore this right -of -way area to its original grass covering which would also be consistent with the landscaping • of adjacent rights -of -way. This would make the Gray's right - of -way available again for public use, strolling, picnics and h sunning and resolve the obstructions to the view of Jsurrounding residents. • page 2 Please place this item on the Council calendar for its next meeting and' instruct the clerk to provide us notice of its inclusion on the agenda. cc 1 Sincerely, Carter B. Wurts 2700 Ocean Blvd. Corona Del Mar, Ca. 92625 John Gray Per Trebler, Attorney at Law IM W r CITE O� F NEW�1 PORT BEACH l 1 CALIIf;ORNIA City Hall I, 3300 W. Newport Blvd. • Y .t, Area Code 714 Modifications Committee Findings and Action 673 -2110 'i,l,y,;,.; Appl ication, No, M -351 lh i,A licant :+ -John A •Ga Yip ?y4': '. � •• :% �r= Address of Property, Involved •2701 Ocean Boulevard ',Corona del Mar 4:Lega1 Description Portlon'of'B1ock 03a, Corona del :Mar, Resubdlvision #79 T{.Ir(yTL,:, `..r„•rt•1• "� n Modificalon, Reques., 9d: Permitl's''•tero.foot;si.deyard setback'for one side of r. •:;.r3:pr.� '.`iti'{jS,Il�tt;W,y..: '''li; f:r�..�:',.•.r.r 'e. . :',: .•. rir yt ;a. garage my anda.,6 foot ":setb ck •for ;one, corn�l•• of ;the roof of..the main -,: dwelling. .4}., t Ir.: 'f• "71 "�'Y • '. 1 . 1 r.. :.. �.' :' ✓�e7: t + `L rL`A Y C. i �;�' • •t'i i:b.rq. f�'�:. : t ;•t ":1. •.<, I}., •e,�.}F� 1 , f. rf;.,,.,. t•. a ,.. ' •hrJ • "•e: `., . "' p'3! , :fit ^,,. , t �i, h i.icat ons:; �1he Mod + f .i {'�: r� ai':' rrl.VaRA °r,.1,; . rt,Y • 197, CO* ittee •oi%....,.,r,:June`.29'�,;, 1•' i' + ' * oved :tt�e'subject•.aPPlication': .i:appp , ?`upon •thb.:fo110wing, c`ooditions:::;;: ;,•;i None The Modifications Committee determined in this case "that the proposal would not be detrimental to, persons, property or improvements injithe neighborhood and that the modification as approved would be consistent with tAe legislative intent of Title 20 j of the Newport Beach Municipal Code for the following reasons: This is a practical solution for a very difficult lot. .1 ' ;II NOTE-* This approval expires in 6 months if not used; if you require an extension ` it must be received prior to the expiration date. i Jhe decision of the Committee may be appealed to the Planning Comnisslon within 5 days /of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $100.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS. COMMITTEE I� r •'` •.0 ' �'I n , �• ri.' r, r ,'�'i1'h�id:' }t�5•� ..., _�'S� __.,•.i �'�. 1. r.LL.f : ^lie, It , :Df.:1(. VAt fPla: .l'. �.i'u e.. .. r.. .l.:J. l..:n ... If ■r t;:. W 0 cl; i. Ilk n D MC) (A' So is x a A ni cn > It, 0,0 r m TIP III Z n,0 �: E N'6 .7 pl, 10 '- 3.:.1;x'. a k O 00 ;-- n n, 0 cl; i. Ilk n D MC) (A' So is x a A ni cn > It, 0,0 r m TIP III Z n,0 �: E N'6 .7 pl, 10 '- 3.:.1;x'. a k A LJ 0 John A. Gray 2701 Ocean Boulevard Corona Del Mar, California 92625 March 9, 1992 The Honorable Philip Sansone Mayor, City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 a pp�p MARI 2 9992®► Chy Manager city of Newport Beach Re: Response to the letter you received from Carter Wurts concerning the landscaping in front of my house. Dear Phil: I thought we had solved this problem last year but apparently the Wurts are not going to be satisfied until this becomes a major confrontation. I am willing to discuss any potential solution that does not involve the removal of the subject tree. Contrary to Carter's assertions, I have always been willing to discuss this issue. In his letter he infers that he has attempted to resolve this problem directly with me; but in reality he has not spoken to me about the tree in over two years. I would like to suggest that the three of us sit down at an informal meeting to see if some common ground is available before this is brought before the City Council. Let me fill -in some of the historical gaps that Carter was unable to provide you. When I purchased my lot at 2701 Ocean Boulevard in 1971, it was a vacant lot covered with weeds, ice plant, cactus, and other native vegetation from the curb at Ocean Boulevard to the alley below. Only a dirt path existed along the bluff where people walked to enjoy the view. Both my lot and my neighbor's to the south were in the same condition. I had a professional landscape architect prepare a plan for the hardscape and the landscape for the entry way to my house in 1971. At the time this.plan was drawn we were midway through the construction of the house. The plan included all work to be performed on both my property and the City right -of -way. This plan was then submitted to the then Director of the Parks and Recreation Department, Mr. Calvin Stuart for approval. The plan was approved as submitted upon the condition that I provide a five foot wide sidewalk adjacent to the curb on Ocean Boulevard running from the southern extension of my property line to the northern extension of my property line. The approved plan contained all the hardscape walls and walks just as they exist today with the exception that I have covered the original concrete walks and steps with brick. The approved 0 y 1r i plan also included a total of five specimen trees to be planted within the City right -of -way. There were two Evergreen Pear trees, two Coral trees, and the subject Mock Orange tree. As the coral trees matured they provided a nice canopy over the entry steps but at the same time were a source of yearly complaints from the Wurts. About ten years ago I had both of the coral trees removed thinking this would be a neighborly thing to do and that it would satisfy their complaints. I have kept the pear trees topped and trimmed just above my roof line and below the curb level of Ocean Boulevard. This allows pedestrians a clear view of the bay without having to view my roof. The mock orange tree is planted at a level just below the curb line. This specimen tree was chosen for its slow growth characteristics and its unique open trunk structure. This tree has only trebled in size in the last twenty years and when thinned in the spring provides a beautiful accent to the view. It is truly one of the prettiest of the thirty some odd trees that accent the landscape in the City right -of -way along Ocean Boulevard between Fernleaf Avenue and Marguerite. Furthermore, it is the only tree along the bluff in our immediate area. Phil, I am vehemently opposed to the removal of this tree. I • designed my entry around it, had it approved by the Rityt had it inspected, and complied with all City conditions concerning its installation. This tree occupies only a small corner of their over 90 degree view window of the bay and ocean. The tree should be considered an accent to their view and not a hinderance. I consider it extremely selfish on their part to be requesting the City to remove it. I would appreciate all the support you can give me to save this tree. Thank you for your consideration on my behalf. Sin y, n A. Gr cc: Carter B. Wurts Per Trebler, Attorney at Law Kevin Murphy, City Manager Robert Bernham, City Attorney Ron Whitley, Director Parks, Beaches, and Recreation Jim Hewicker, Director of Planning Ben Nolan, Director of Public Works 1 s • March 24,1992 Ron Whitley Director, Parks, Beaches and Recreation City Newport Beach, California Dear Ron, Confirming our phone talk of Monday 3- 23 -92, we agreed the issue f raised on impacted public and private view due to overgrown landscape and other hardscape on the 2701 Ocean BI. CdM right -of -way, would be placed on the May 5, 1992 agenda of the P, B & R Commission meeting. I appreciate this action since I will be out of town traveling on business at the time of the next scheduled meeting of the commission, and sincerely want to present my facts on the issue. In light of this schedule, our Wed. March 25,1992 4:30 P.M. meeting will now be rescheduled. I Will contact you after the middle of April to schedule a new time. Ron, thanks for your attention to the matter. Sincerely, 6� Carter B. Wurts 673 08732 cc. Per Trebler, Attorney at Law 0 11 Item No. 6 • CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: April 27, 1992 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation,,, Director SUBJECT: HARBOR VIEW HILLS TREES The Mayor has asked the Commission to review a letter received from Mrs. Eugene M. Lyons concerning removal of parkway trees. She has also asked the Commission to review City Council Policy I -9, Retention or Removal of Park and Parkway Trees, as it relates to Mrs. Lyons' concern on this matter. If there are questions, please call. n LJ / r/. /r� J1Ronald A. Whitley 0 aD 0 o``/�� CITY OF NEWPORT BEACH OFFICE OF THE MAYOR Mayor Phil Sansone April 20, 1992 Mayor Pro Tem Clarence L Turner Council Members JohnC.Cox,,Jr. Mrs. Eugene M. Lyons Evelyn R.Hwt 1014 Sea Lane John W. Hedges Corona del Mar, CA. 92625 Ruthelyn Plummer Jean Watt Dear Mrs. Lyons: Thank you for your .letter of concern regarding homeowner requests of parkway trees to be removed. As information, I am enclosing a copy of the policy that provides guidelines on this matter as it relates to operational procedures. By copy of this letter, I am requesting the Parks, Beaches and Recreation Commission to review your letter . and the policy on retention or removal of parkway trees at their next meeting scheduled for Tuesday, May 5, 1992. This meeting will be held in the City Council Chambers, 3300 Newport Blvd., and begins at 7:00 P.M. You are encouraged to attend and provide input to the Commission as they review this matter. If your homeowners association or other members of your neighborhood have your concern on this subject, their participation in the process is welcomed. If you have any questions on this procedure, please feel free to call Mr. Ron Whitley, Director of Parks, Beaches and Recreation Department, at 644 -3157. Sincerely, PHONE Mayor RW /df 0 J1 City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92659 -1768 U • • April 3, 1992 Mr. Phil Sansone City of Newport Beach Newport Beach, CA RE: HARBOR VIEW HILLS - TREES Dear Mayor: RECFf-Jfl�10' 4PR B 1992 p. City Of Newpor It is with a sense of futility that I write you regarding the lack of response by the City to requests 'by homeowners in this area to have the city owned parkway trees trimmed or removed. These trees have grown to such heights that trimming is no longer feasible...the root systems have grown so large as to crack and raise sidewalks and curbs, 'to penetrate sewer and gas lines, and to cause homeowners as well as the City a great amount of unnecessary expense due to the damage. There is no question but that these trees should be removed and replaced with smaller trees appropriate to this area's growth restrictions. However, requests by homeowners seem to be arbitrarily denied and with written reminders that it is unlawful to trim or "remove the parkway tree without permission... which, as I said, seems to be arbitrarily denied. Yet, here and there, trees have been removed so the overall aesthetic appearance is hodgepodge at best. PLEASE, will you look into this matter for us and see what can be done to acknowledge our requests for proper tree maintenance and /or tree removal and replacement. I object strongly to having a "tree committee" whose sole purpose seems to be to keep any and all trees at whatever the price, regardless of the negative impact on the homeowner. It is discouraging to feel that, at the city level of government, such sensible and necessary requests by citizens in this community are being ignored ... and with no real good reason given. Thank you for any courtesy and action you can give this plea. Sincerely,,' (/t 't, o Mrs. Eugene6k yons 1014 Sea Lane Corona Del Mar, CA 92625 0� ry V 1 -9 RETENTION OR REMOVAL OF PARK AND PARKWAY TREES It shall be the responsibility of the Parks, Beaches and Recreation Commission to develop and maintain a rather restricted list of trees.in the community (attached) which should be retained to the exclusion of all normal problems. This list will contain landmark trees, special trees of extreme beauty, stately trees which contribute to an entire neighborhood, dedicated trees, etc. These trees will be identified, mapped and recorded. Subsequent to this they will be given all types of special treatment to retain them, including the use of asphalt sidewalks, realigned curbing, etc. Whenever it is necessary to prune tree roots in parkways or other public areas in order to correct or prevent damage being caused by the subject tree, gvery reasonable effort shall be made to save the tree, including the use of high grade asphalt sidewalk sections. It will still be necessary to meet the Pity's standards relative to grades and alignments, with the exception of those special trees discussed in Paragraph 1 of this policy statement. If it is necessary for a tree other than that included in Paragraph I to be given special treatment, each tree shall be considered individually on its own merits to determine whether the tree should be retained or replaced. All parkway trees included in this category must be subjected to and meet the following criteria: 1. Have sufficient root - system to sustain life and remain in a safe condition after root pruning; ` 2. Have sufficient life expectancy to merit special consideration; 3. Have adjacent property owners be desirous of retaining tree in light of ".patchy sidewalk effect" that would be created next to their homes if asphalt sidewalk is to be used to save the tree; y. Not be of an undesirable species that has been removed from the official street tree list by the Parks, Beaches and Recreation Commission; 5. Not have had a consistent history of damaging utilities such as sewers, water mains, etc.; 6. Not interfere with acceptable drainage if alternate methods of curb repair are utilized., n 4pplication of the criteria on parkway trees will be conducted by the Parks, Beaches and Recreation Department in coordination with the Parks, Beaches and Recreation Commission. In applying the criteria, other . departments of .the City will be consulted.as necessary. If there is any conflict between the application of the criteria and established standards of the City which cannot be resolved at staff and Commission level, final resolution will be determined by the City Council. I -9 • RETENTION OR REMOVAL OF PARK AND PARKWAY TREES -Page 2 The Parks, Beaches and Recreation Commission is required to establish a standing Street Tree Committee to assist the Commission in developing a community+ awareness program and provide input to the total street tree program. Objectives of this Street Tree Committee will be: 1. To obtain representation for each situation as it arises in a community and /or neighborhood. 2. To develop innovative techniques that will enable trees to be saved when concrete is removed and replaced. 3. To provide recommendations to the Parks, Beaches and Recreation Commission when tree removal requests are received. 4. To inform the public and further the philosophy of the value of trees in a community. 5. To pursue procedures whereby larger replacement trees can be used when trees are removed. i 6. To assure that no community has a mass removal effect as projects • occur. ; 7. Annually review landmark tree - locations for inclusion in Council Policy I -9. When a tree is removed from the parkway for the sole benefit of the adjacent•property: owner, the property owner will be responsible -for the cost of removal. Removal must still be done in accordance with City approvals. Note: (See Attached List - Preservation of Special Trees) Adopted - May 9, 1966 Amended - August 14, 1967 Amended - November 9, 1976 Amended - November 12, 1985 Amended - November 28, 1988 0 A (Attachment) I -9 " CITY OF NEWPORT BEACH PRESERVATION OF SPECIAL TREES Location Species LANDMARK Balboa Library Eucalyptus globulus TREES Balboa Library Phoenix canariensis West Jetty (near Historical Marker Phoenix canariensis Dover Drive at Westcliff Liquidamber styraciflua 400 block Poinsettia Eucalyptus corynocalyx Ocean Blvd. Corona del Mar Phoenix canariensis Westcliff & Dover (Groves) Eucalyptus globulus In Arches Overpass Eucalyptus lehmannii DEDICATED No. Mariners Park TREES (Marcie Schrouder) Pinus radiata Mariners Park (Frank Tallman) Pinus radiata No. City Hall grounds (Bill Covert) Ficus benjamina City Hall grounds (Walter Knott) Pinus halepensis A,' City Hall grounds (Calif. Bicentennial) Pinus halepensis Las Arenas Park (Ed Healy) Melaleuca linarifolia Mariners Park (Isy Pease) Pinus halepensis City Hall grounds (U.S. Bicentennial Freedom Tree) Harpephyllum caffrum NEIGHBOR- Parkway in Shorecliffs Erythrina caffra HOOD Marguerite Avenue Phoenix canariensis TREES Goldenrod Avenue Washingtonia robusta Dover Dr. (Mariners to Irvine) Eucalyptus globulus 15th Street- (Newport Heights) Eucalyptus cladocalyx Irvine Avenue traffic island Eucalyptus globulus Holiday between Irvine & Tustin Eucalyptus globulus Surrounding Old Reservoir Eucalyptus varieties Along Avon Avenue Eucalyptus globulus Via Lido bridge Eucalyptus globulus Marine Avenue (Balboa Island) Eucalyptus rudis Seaview Avenue (Corona del Mar) Pinus radiata Poppy Avenue (Corona del Mar) Eucalyptus rudis Heliotrope Avenue (Corona del Mar) Pinus radiata Adopted - May 9, 1966 • °� Amended - pl Amended November 9, 1976 November 28, 1988 - yj • RECREATION DIVISION APRIL, 1992 PROGRESS REPORT Adult Sports Item No. 7 We are in mid - basketball season with 27 teams competing in 10 different leagues. Summer softball registration just closed. We will be sporting 25 leagues with 218 mens, womens and co -ed teams. These games will be completed on 9 different fields throughout the City. A Sunday coed volleyball league has just begun at the West Newport Community Center. 12 teams are competing. Aquatics Summer lifeguard/ instructor applications are now being accepted. We will be filling 12 to 15 openings at both the Marian Bergeson and the Newport Harbor Pools. Lap swimming attendance at the Marian Bergeson Aquatic Center has been booming of late with 30 to 40 participants. The Newport Beach Aquatics Club will be offering a summer session • beginning May 11. Paul Davidson, former WAVE Coach, will be assisting Head Coach Ted Bandaruk. Contract Classes We are currently in our mid spring session with all going well. The children's theatre production of "Peter Pan" is booming with 200 future thespians. The summer brochure will be in the mail May 20. The tennis courts at Mariners will be resurfaced from June 8 to June 15. The Salute to the Arts will be held at Fashion Island on May 14, 15 and 16. Senior Services Two large events took place this month - the Health Fair and the Open House. The Health Fair had 550 participants of which 320 of them utilized the blood chemistry, option. A few, people were found to be very ill and were referred to see a physician immediately. Many free screenings were available to anyone 18 or older. The Fair was very • well organized with help from 150 volunteers. Rol . The Open House was held for the purpose of dedicating our new building. Approximately 400 people were in attendance. Despite the heat and our Master of Ceremony being quite ill, the event went smoothly. The building has been met with overwhelming acceptance and we are looking forward to moving in by May 1. May is Older Americans Month and we will be celebrating with our traditional Old Fashioned Country Picnic to be held on May 13. Lunch and a talent show will be included for a $3.00 cost. Youth Services The Youth Track and Field Championships took place April 3 with 130 participants competing in 5 field events, 7 running events and relays. Recreation staff will be conducting informal street and roller hockey sessions when the Track and Field season ends. The clinics will be located at our school sites. The Easter Egg Hunt was again a huge success. 7,000 chocolate eggs, 5 grand prizes and 50 special prizes made their way home with the approximate 400 children. • N 9 an Be d • V 0 0 • OASIS SENIOR CENTER March 1992 MONTHLY ACTIVITIES /UTILIZATION REPORT CLASSES /GROUPS Another Passage Braille Blood Pressure Care Giver Support Group Case Management Chair Exercise Counseling Employment Information /Referral Legal Assistance Medicare Assistance OASIS Singles Shared Housing Tax Preparation Telephone Reassurance Visual Screening VOLUNTEER HOURS VAN TRANSPORTATION NUTRITIOUS LUNCHES SPECIAL EVENTS Pancake Breakfast Volunteer Tea 36 3012 LONG TRIPS 1072 21 130 41 f. Las Vegas, NV 40 Baja, Mexico 30 45 54 DAY TRIPS 106 7 Palm Springs 23 15 Santa Anita 20 98 Fullerton Civic 20 19 Gene Autry Museum 20 166 A Day at Descanso 25 1411 4 MEETINGS 3 89 Board of Directors 23. 55 Executive Committee 12 512 Long Range Planning 10 247 Human Services Comm. 0 4 Fund - Raising 28 Newsletter Committee 25 2261 Newsletter'Collating 25 General Membership 60 915 1072 21 130 41 f. q. • PARK AND TREE DIVISION Item 'No. 8 APRIL 1432, PROGRESS REPORT Our park crews performed the following tasks in'addition to normal maintenance during the month of :April. Pacific Coast Highway - Baysi'de to'MacArthur Planted (18) 5 gallon Rhapii,61•epis, (70') 1 gallon Star Jasmine, and (68) 1 gallon Agapanthus. Bayview Park Planted (31) 1 gallon Acacias. Bonita Creek Park & Grant Howald Park Graded the ballfields brick dust areas:. 42nd Street - Street End Irrigated and landscaped. Mariners Park Assembled and instal Ted (2) dugout benches. stc•liff Park Installed new irri- gation on th-e upper slope.- Graded add replanted the upper slope as needed. Re- landscaped a portion of the lower slope. Oasis Senior Citizens Center Removed the temporary walkway. Our Street Tree Division performed the following: Trimmed 850 trees. Planted 2 trees. Removed 18 trees. Root pruned 18 trees. Completed 21 work requests. Areas being trimmed this month: Balboa Island - completed. Harbor View Hills Trees were removed at the following locations: Balboa Island Park Storm I -Alder Newport Pier Dead 1- Metrosideros City Hall Dead 1,Ficus R. 3714 Blue Key Dead 1- Cupania 118 E. Bay Dead I- Eucalyptus F. 1300 Antiqua Dead 1 -Pear 237 Heliotrope -Dead 1 -Pine • m jack arooks 1 -Pear 2 -Pear 1 -Ficus 1 -Ficus Nitida 1 -Pear 1 -Pear 1- Cupania 1 -Pear 1- Eucalyptus 1,Liquidambar 2 - 1970 Port Provence Dead 1700 Paloma Commission 4645 Perham Commission 2006 Port Chelsea Owner 1972 Port Weybridge Owner 1737 Port Hemley Owner 1829 Port Margate Owner Trees were planted at the following locations: Bowling Greens 1963 Port Albans • m jack arooks 1 -Pear 2 -Pear 1 -Ficus 1 -Ficus Nitida 1 -Pear 1 -Pear 1- Cupania 1 -Pear 1- Eucalyptus 1,Liquidambar Item No. 16 CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department DATE: April 27, 1992 TO: Parks, Beaches and Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: CAPITAL IMPROVEMENT PROJECTS, 1991- 92.STATUS CARRY OVER PROJECTS Restrooms - CYC, Eastbluff - Construction near completion. Newport Shores - Project completed. Oasis Expansion - Project completed. 1991 -92 • Cliff Drive Park - Construction underway. Theatre Arts Center Refurbishment - Project completed. Bolsa Avenue Mini Park Design - Preliminary Plan approved. • Ronald A. Whitley DECLARATION OF POSTING • On under penalty of perjury, I posted Mo. Day Year ' (Time) the Agenda for the Parks, Beaches and Recreation Commission meeting of 47Z ' , pursuant to the Brown Act Amendments (effective January 1, 1987), on the City Hall Bulletin Board located outside of the City of Newport'Beach Administration Building, 3300 Newport Boulevard, Newport.Beach. Posted , �1.�%i. � • E