Loading...
1981-0420_NELSON / BAMSEY_Agreementa 4 RECEIVED TO THE HONORABLE MAYOR AND COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO: ' IU .� vn c / - The undersigned agree to have the playground equipmen beh��id their home. game Address The undersigned agree to have the playground equipment next door to their home. MISSION BELL PARK - LOCATION OF PLAYGROUND EQUIPMENT (62) Written Communications: Report dated May 5, 1981, from the Director of Recreation forwarding the recommendation made by the Parks and Rec- reation Commission on April 20th that the playground equipment remain in its present location. The following persons addressed the Council: (1) Larry Bamsey, 33212 Via Mayor, appealed the Commission recommendation and requested that the playground equipment either be relocated within the park or re- moved and stated he would be willing to pay the cost of such relocation. (2) Jim Zarbock, 33192 Via Mayor, cited disturbance to the neighborhood, concurred with Mr. Bamsey, and suggested the equipment be relocated behind the homes of residents who favor retention of the equipment. (3) Pauline Leonard, Parks and Recreation Commissioner, advised that the Commission has received a petition requesting additional equipment in the area. Conditional _Approval of Equi ment Location: It was move by Councilman Hausdorfer, seconded by Council- man Bland and unanimously carried to approve the retention of the playground equipment at its present site, with the condition that Mr. Samsey and Mr. Zarbock be allowed thirty days to acquire written consent from other Mission Bell homeowners for the relocation of the equipment behind their residences and with the condition that the appellants agree to finance the costs of equipment relocation. -11- 5/5/61 ��1� r�. �rrit �rirrt �%r�irrit� 32400 PASEO AOELANTO SAN JUAN CAPIS7 RANO. CALIFORNIA 92675 PHONE 493-1171 May 11, 1981 Mr. James A. Zarbock 33112 Via Mayor San Juan Capistrano, CA 92675 Re: Relocation of Playground Equipment Mission Bell Park Dear Mr. Zarbock: At their meeting of May 5, 1981, the City Council unanimously approved retention of the playground equipment in its present location with the condition that you and Mr. Bamsey have 30 days to acquire written consent from other property owners for relocation of the equipment to the rear of their residences. In addition, any such relocation is contingent upon your offer to finance the project. If you have any questions, please do not hesitate to give me a call. Very truly yours, MARY ANN ANOVER, CMC City Clerk MAH: o1 cc: Damon Berry Larry Bamsey Director of Recreation 0 AGENDA ITEM TO: James S. Mocalis, City Manager FROM: Thomas Baker, Director of Recreation 0 May 5, 1981 SUBJECT: Location of Playground Equipment in Mission Bell Park SITUATION: At the City Council meeting of April 7, 1981, there was a letter from Mr. Zarbock on the Written Communications section of the Agenda pertaining to the location of the playground equipment at Mission Bell Park. The letter was signed by nine other residents of Mission Bell who wish to have the playground equipment moved to another location within the park or to another park within the City. At the same meeting Mrs. Berry addressed the City Council and had a petition of thirty-six signatures which requested that the existing playground equipment remain in the same location. It should be noted that the playground equipment was moved in February from another location at the south end of the park due to complaints from the nearest resident. The equipment was moved to its current location which is in the middle of the park, and situated some 65 feet from the backyards of the nearest homes. City Council directed the Parks and Recreation Commission to study this issue and return to them with a recommendation as soon as possible. The Parks and Recreation Commission had previously discussed this item at their March 16th meeting and tabled it to their April 20th meeting. In between the meetings all of the five Commissioners visited the Mission Bell Park site and observed the equipment and talked to some residents. The Commission voted 4 to 1 to recommend to keep the playground equipment at its present location. Dissenting voter, Commissioner Hallan, felt that the equipment should stay in Mission Bell Park but be moved to a different location within the park site. Staff agrees with the Commission to keep the equipment in its present location. The Commission also recommended that staff should add a sandbox surrounding the playground equipment which may eliminate one of the concerns of Mr. Zarbock, which is dirt clogs growing around the playground equipment which the kids throw into the back yard. Staff will commence with the sandbox project as soon as the placement of the playground equipment is resolved. Attached is a schematic of Mission Bell Park and the location of the existing playground equipment. Also attached are the minutes of the April 20, 1981, Parks and Recreation Commission meeting. FOR C!T`( r rl)! J '(',IL AGENDA Page 2. Agenda Item FINANCIAL CONSIDERATIONS: If the playground equipment is moved the man hours and equipment costs involved will be around $300. If the playground equipment remains in its present location, there will be no cost, except the addition of the sandbox. ALTERNATE ACTIONS: 1. Concur with the Parks and Recreation Commission and staff to keep the playground equipment in its present location in Mission Bell Park. 2. Direct staff to move the playground equipment in Mission Bell Park to another location within the park site. 3. Direct staff remove the playground equipment to another park in the City. 4. Give staff further direction. RECOMMENDATION: By motion, concur with the Parks and Recreation Commission and staff to keep the playground equipment in its present location in Mission Bell Park. Respectfully submitted, lxe4oti' /�� Thomas Baker TB:pkw Attachments F • • Park & Recreation Minutes April 20, 1981 PLAOF.MENT OF PLAYGROUND EQUIPMENT FOR MISSION BELL PARK Mr. Baker gave some history of the playground equipment over at Mission Bell Park and told the Commission that the City Council had directed them to come up with a recommendation for the placement of the equipment. Since their last meeting, there has been two petitions that were given to the City Council. One petition, with a total of 10 signatures, requested that the playground equipment be moved from the north end of the park to another area within the park, or to be removed permanently. The other petition, with 36 signatures, asked that the playground equipment remain in the present location. In the audience there were residents from the Mission Bell tract that were given the opportunity to speak for or against the location of the playground equipment. The first person to speak was Mr. Zarbock, 33112 Via Mayor, who read a speech regarding the playground equipment. He does not want the playground equipment in its present location, and would not have bought a home in the Mission Bell tract had he known that the equipment was to be put there. He has a petition in which eight of the fourteen homeowners have their backyards facing the park who wish to have the equipment removed. Three of the people who signed the peition want the equipment in the park site but do not want it near their own homes. His feeling is that the playground equipment is a magnet to the park and attracts children causing noise at all hours of the day and evening. Mr. Zarbock conducts his business out of his home and has children attending school that have irregular sleeping hours, so this has become a problem for them. The next speaker was Larry Bamsey, 33212 Via Mayor. He recently moved to Mission Bell tract just this past year. He stated that he would not have bought his home if the equipment was there when he moved in. The equipment is directly behind his house and children have thrown dirt and rocks into his yard and swimming pool. Mr. Bamsey is concerned about the maintenance of the park and the older children that are using the equipment. He recommended that the playground equipment be donated to a school site. Mr. Damon Berry, 33221 Via Mayor, spoke next in favor of keeping the playground equipment in its present location. He was one of the petition walkers that was able to get thirty-six homeowners to sign a petition to keep the playground equipment. He does not live bordering the equipment. He pointed out that two of the people that signed his petition had also signed the other petition and felt that neither should be valid. The people that he had signed his petition were only the ones that lived on that street, not the whole tract, and felt that they could get alot more signatures if they were to go around the tract. He felt that it would be a good idea to have a sandbox surrounding the playground equipment which would eliminate the dirt and rock throwing. He was under the impression when he moved in that there would be playground equipment and felt that more people wanted the equipment than did not. Commissioner Hallan asked Mr. Zarbock if the playground equipment or the park were the problem. Mr. Zarbock felt it was the playground equipment. His own children use the park and he enjoys having the park there very much as a greenbelt area, not as a place that has playground equipment on it. Mr. Bamsey also spoke up and said many of the youngsters that are using the equipment are not from that tract and are in the teenage group. •- ' • • Page 2. Placement of Playground Equipment fc>r Mission Bell Park Commissioner Shears stated that when he went by there he saw many children using the park and the grass was brown in many areas which indicated to him that it was being used quite frequently. As a Commissioner he likes to see the park used. He felt that if the City Council needs to make a decision on this issue he would recommend that it stay where it is. He thinks it is good that children from the other tracts use it and that it would be good to have staff patrol this area and have maintenance more frequently than is being done. He stated that he was on the Commission when the homeowners were involved to design the park and they wanted the playground equipment on it. Commissioner Ferguson felt that what ever way they decided, that they should do something about better maintenance in the park. He felt that the present playground equipment is a focal point and felt that the solution maybe to add other equipment to other sections of the park site to diffuse the children to another area. He feels that the sandbox around it may help out too. Commissioner Ferguson asked Mr. Zarbock and Mr. Bamsey if it would help to have other equipment around the park. Mr. Bamsey felt that it would help out. Commissioner Shears asked if trees would help on the bank area to eliminate some of the noise. Mr. Bamsey thought that the children would destroy the trees and that they would ruin the view. Commissioner Leonard felt that the equipment went into the park site at the request of the reople who live there and is pleased that the equipment is being used. In her opinion the Commission has two alternatives, move the equipment totally or leave it where it -is and risk the unhappiness of a small group of people. She stated that the goal of the Commission is to provide parks that people will make use of and that as long as the equipment was being used that it should remain. Commissioner Hallan felt that since there were some people who do not mind if it is directly behind their house maybe it could be moved there, but he wishes to keep the equipment in Mission Bell Park. Mr. Bamsey stated that he would assist in any financial consideration to have the equipment moved. Chairman Quintana feels that the sandbox added to the playground equipment and the extra maintenance are needed and that the playground equipment is getting maximum use right now. He would like to see the equipment remain in its present location. He then made a motion to keep the existing playground equipment in its presention location. Commissioner Shears seconded the motion and it was voted 4 to 1 to do so. Commissioner Hallan voted negatively with his reasoning being that there may be another location in the park that it could be moved to. S D r' �n m v • 33192 V1116yor San Juan Capistrano, CA 92675 March 20, 1981 Dear Mayor Hausdorfer, As you may know the over -flow channel for San Juan Creek, that was cut out of the Mission Bell Development, has had play ground equipment put into it. The Condominium owner in Mariner Village, who lives closest to it, told me his wife and he were driven crazy by the noise all hours of the night, flowers pulled out etc. A hole was cut in a chain link fence by someone so they would not have to walk around to the equipment. One night this equipment appeared in the ground behind the homes of my neighbor and myself. We were not consulted. The next morning I asked the workmen not to pour the cement until the issue was looked into. A man in the Parks Commission was called by the job head and apparently it was poured that day. My neighbor is in his fifties with no children. We are in our fifties with five children -- four of whom commute to local colleges -- some going to bed early, some with evening classes having to sleep later. We did sign a petition and attend the meeting on planting the green belt. My wife and I remember someone at the meeting asking for a volley ball court and they were told nothing permanent could be installed because it would impede the flow of flood water. At a meeting on 3/16/81 the Park Commission sold they meant rest rooms etc. Any rest room, my wall, my house, is not as strong as 8 x 8's buried in the ground four feet deep and surrounded with 4 feet of concrete in a large round tube. The planted area has been used by us and many others for volley ball (we put up own net and remove it), kite flying, frisbee, kicking the soccer ball, touch football, and playing catch. We have had a few problems like stones being tossed at our pets in our yard, at one time 30 stones in one day, but it has been minimal. The playground equipment is a magnet that will cause noise and potential destruction and I doubt if 50 year olds can handle it as well as 30 year olds (in Mariner Village) who do not care where it goes just so it is gone. The people on the swings etc. look right up to the only window in our bedroom which is an 8 foot door to our porch. Before there was no reason for them to sit or stand and stare as they do now. My neighbor and myself would like it removed permanently or it should be put behind someone's home who is agreeable to it. Had it not been moved from its first location across the channel near the stairs by the tennis courts, there probably would have been no need. We feel it unfair to have this problem delivered to us. We need help. We do not want our lives made miser- able so a guy across the street can swing his children on the swings one evening a week while the rest of the time we battle restless teen-agers. Unlike the Park people say, "the police do not have enough to do and would be glad to come and solve a problem," we believe they are busy and would have solved it at the north end of the channel if it were possible. The Commission sdid in the beginning there were requests for play ground equipment. Most of the homes have since changed owners. Since we have lived here 10 of our closest neighbors have moved. I do not doubt there is more than one family who would like equipment but of those who border on this strip, who wants it behind their home. It is a fine over -flow channel, green belt park with lots of uses as it is. People should be told, as we were, that it is designed as a channel and equipment would be a deterrent to its ultimate use. The floor of the channel is not very wide and unless some one is willing to have his area magnetized as a play center gathering point the equipment should not be put in the green belt. Please help to have it removed or moved. Thank you for your consideration. Sincerely, k_�nes A. Zarbock 'b I J""l 32400PASEO ADELANTO - SAN JUAN CAPISTRANO, CALIFORNIA 92675 PHON F. 493-7171 April 9, 1981 Mr. James A. Zarbock 33192 Via Mayor San Juan Capistrano, CA 92675 Re: Playground Equipment - Mission Bell Development Dear Mr. Zarbock: At their meeting of April 7, 1981, the City Council referred your communication and petition for removal of play- ground equipment from the Mission Bell Development to the Parks and Recreation Commission for further study. You will be advised of any action taken by the City Council on this matter. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH:ol cc: Director of Parks and Recreation i .r rw t/1 ; firil , ��rrrrz i �rJG rr� 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 493.1171, March 25, 1981 Mr. James A. Zarbock 33192 Via Mayor San Juan Capistrano, CA 92675 Re: Playground Equipment - Mission Bell Development Dear Mr. Zarbock: Receipt of your letters to members of the City Council dated March 20, 1981, regarding the above subject matter, is hereby acknowledged. Copies have been sent to members of staff for their information. This matter will be placed on the Agenda for the April 7th City Council meeting as Written Communication. If you need further information, please give me a call. MAH: o1 cc: City Council Department Heads Very truly yours, MARY ANN HANOVER, CMC City Clerk 33192 Via Mayor San Juan Capistrano, CA 92675 March 30, 1981 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To the Honorable Mayor and Council Members, Enclosed please find a petition signed by members of the Mission Bell Development who support the removal of the playground equip- ment. Consider this: One half mile up the bike path from Mission Bell is the ocean and Doheney State Park; one half mile on the bike path through Harbor Lanes is the Junior High School with one of the largest and best equipped playgrounds around. Thus, the area does not lack facilities. Sincerely,�� C� Jim Zar 0 0 TO: CITY OF SAN JUAN CAPISTRANO REFERENCE: PLAYGROUND EQUIPMENT - MISSION BELL DEVELOPMENT In reference to the overflow channel at the east end of Mission Bell, we the undersigned state that the playground equipment recently moved from the north end of the park because it caused late hour noise and property damage and general disregard for the homeowners; be removed to a part of the channel where the homeowners are agreeable to it, or that it be removed permanently. 331C1�,) J�d Q,y 3.1 12 V11' "a 0 0 1. _MISSION IIP,T.I, PARK - PLAYGROUND EQUIPMENT ✓(62) (1) Letter daLr.i `torch 20, 1'81, from James A. Zarbock, (72) 33192 Via Mayor, expressing objections to playground equipment relocated to the area behind his residence in the Mission Bell Development; letter dated March 30, 1981, from Mr. Zarbock forwarding a petition signed by 10 residents of. Via Mayor requesting that "the play- ground equipment be removed to a part of the channel where the homeowners are agreeable to it, or that it be removed permanently." (2) Donna Barry, 33221 Via Mayor, addressed the Council and presented a petition signed by 33 residents of the Mission Bell area stating their appreciation for "the City supplying the Mission Bell Park with the play- ground equipment and would like to see it remain." Mayor Hausdorfer advised that the issue had been pre- viously referred to the Parks and Recreation Commission, and there was a consensus of Council that the two petitions be referred also. 1411141 Iv,4m.A ADDRES_q 3 3 23 a _y 7 t ------------ �2 S %off 1k) C A L, LLI;, JA 9 D r n� 7? 3-73 rV.d' Zlcl,� WL ?Z 10-11V ����1 ��a 1" �" 1c2�.a•� 3101 �ijtcc Ce l) Il L1 3 s� �� ��� ZXIlj? hw1g< S