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HomeMy WebLinkAbout09/09/2003 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session September 9, 2003 - 4:00 p.m. INDEX ROLL CALL Present: Proctor, Ridgeway, Adams (left early), Webb, Nichols, Mayor Bromberg, Heffernan (arrived at 4:10 p.m.) Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Webb stated that he would be pulling Item No. 4. Sidewalk, Curb, and Gutter Replacement Program 2003 -2004, at the regular meeting to discuss the possibility of including the installation of root barriers in the contract. Council Member Nichols stated that he would be pulling Item No. 3, Coast Highway Channelization and Landscape Median Improvements, to receive a better explanation of the issue- City Manager Bludau stated that he would be pulling Item No. 5, Professional Services Agreement for Preparation of EIR on Regent Newport Beach, to provide the opportunity for a public presentation and discussion. 2. G -1 POLICY REVIEW. Council Policy G -1 (62) Using a PowerPoint presentation, City Manager Bludau stated that a review of the G -1 Policy was also conducted during the Study Session on August 26, 2003. He stated that the City's urban forest includes approximately 40,000 trees and is valued at over $70,000,000, and that $495,000 is budgeted in the 2003 -04 fiscal year for tree trimming and $236,599 for other tree maintenance expenditures. He displayed a list of the expenditures made during the 2002 -03 fiscal year for tree damages, which included $50,000 for ficus tree remedial work, $633,712 for sidewalk, curb and gutter repairs done by City crews, $153,000 in repairs done by the private sector, and $476,000 for repairing sewer and water lines. He noted that the costs totaled $1,312,712. City Manager Bludau stated that there is a backlog in repairs that also needs to be addressed, and that it totals $2 -5 million for sidewalks and $1.5 million for curbs and gutters. Lastly, he displayed a list of private property claims and payments made by the City during the past five years. City Manager Bludau summarized the payments made during the 2002 -03 fiscal year for tree maintenance, repairs and liability claims, and noted that they total approximately S2.1 million, with $4 million in repairs that need to take place in the future. He displayed a list of the trees removed and planted each year since 1991 -98, and noted that 52 trees were removed in 2002 -03 and 487 were planted. On average during the six -year period, for every tree that was Volume 56 - Page 366 City of Newport Beach Study Session Minutes September 9, 2003 INDEX removed, 7.'1 trees were planted. Looking at the big picture and expressing his viewpoints; City Manager Bludau stated that the $2 million spent annually on the City's urban forest indicates the high priority trees have for the City and its residents. He stated that much of the money is spent on repairs that are only temporary in nature because it's the same trees causing the same damage, but with the current G -1 Policy, the removal provisions inhibit the City from spending its infrastructure repair money effectively because it is too restrictive in allowing problem trees to be removed. In conclusion, City Manager Bludau stated that the current G -1 Policy protects individual trees at the expense of good, sound and economical management of the City's urban forest. He stated that the G -1 Policy should provide for more balance in terms of the community's needs and the needs of the urban forest. In response to a question raised by Mayor Pro Teen Ridgeway at the previous Study Session, Assistant City Attorney Clausen stated that the reforestation provisions are intended to limit tree removal requests in City parks to the homeowners association that includes the particular park within their geographical boundaries. She stated that the policy does not clearly address requests of individuals. Assistant City Attorney Clausen suggested that one option would be to limit individual requests to parkway trees. City Manager Bludau referred to the attachment to the staff report that compares the current G -1 Policy with the proposed amended policy. He stated that both policies address special tree redesignations, but that the proposed policy allows the Parks, Beaches & Recreation (PB &R) Commission to designate and delete trees from the listing. He stated that the proposed policy also provides for clear definitions of special trees. City Manager Bludau stated that the current policy does not link the view goals with Council Policy G -3, but the proposed policy does. City Manager Bludau further noted that the proposed policy allows the City Council to remove special trees in conjunction with City beautification projects, and the Urban Forester to authorize the removal of problem trees. Additionally, the requestor has been given the responsibility to pay for the removal of trees done so for view reasons. City Manager Bludau stated that the proposed policy still defines removal criteria for all other trees, but it has been liberalized. Be stated that the proposed policy only allows certain entities to appeal the decision of the General Services Director not to remove a tree. The proposed policy also requires that the City replace trees with 36 -inch boxed trees at a cost of $700 instead of with 24 -inch boxed trees, which cost $195. City Manager Bludau stated that in dealing with reforestation requests, the proposed policy adds a third category to when reforestation is allowed and that is a determination by the Urban Forester that a wrong species of tree has been planted in the wrong location. The proposed policy also requires review by the City of the petition circulated by the applicant, and specifies the number of property owners to be petitioned and the manner of distribution. The requirement for the replacement tree is also recommended to be reduced from a 36 -inch box tree to a 24 -inch box tree for such requests. City Manager Bludau stated that the proposed policy also changes the requirement to submit tree removal requests for encroachment and demolition permits from the PB &R Commission to the General Services Director. He Volume 56 - Page 367 City of Newport Beach Study Session Minutes September 9, 2003 INDEX - - explained that this will speed up the process and would be done in adherence with the requirements of Council Policies L -2 and L -6. City Manager Bludau stated that alternative tree trimming requests for view would be allowed by legally established community associations only- And, lastly, the proposed policy would allow the Urban Forester to determine if two supplemental trimmings are impractical or infeasible. Council Member 'Webb stated that there isn't any money being spent on maintaining and prolonging the life of mature trees. He stated that he agrees with setting up policies for the removal of view impediment trees, but that he'd like to see preventative maintenance attempted on trees in non -view areas prior to removal. He stated that different policies can be established for trees in view areas and those in non -view areas. He specifically noted that the effect on a neighborhood should be taken into consideration before removal of trees in non - view areas is authorized. Council Member Heffernan asked why the change to the size of replacement box trees was made. Debra Allen, PB &R Commission, stated that when the City pays for the replacement, the size is recommended to be increased, but when the resident or the homeowners association is required to pay, the size has been reduced in the proposed policy. She stated that the Ad Hoc Tree Committee felt that the City could afford the higher- priced replacement trees, but that the higher price would prohibit the view neighborhoods from being able to remove trees. Council Member Heffernan referred to the proposed policy for supplemental trimming, and stated that it appears to give the homeowners associations a larger right to impose trimming than is given to individual property owners. Ms. Allen stated that supplemental trimming is only an issue in view neighborhoods. Council Member Heffernan stated that those that drive by the trees are also affected. Ms. Allen stated that the homeowners associations can only request reforestation and supplemental trimming for trees within their boundaries. Council Member Heffernan noted that the value of the properties in the view neighborhoods is high and their homeowners associations should be able to afford the higher- priced replacement trees. Ms. Allen stated that it's a legitimate concern, but the total budget of the associations is not high and the associations are the only ones being given the authority to request reforestation. Mayor Pro Tem Ridgeway asked if a citizen can ask to have a City tree removed. Ms. Allen stated that she believes they can, but that it is the homeowners associations that typically make the requests. City Manager Bludau added that builders will also make requests. Mayor Pro Tem Ridgeway stated that he's speaking of parkway trees. Ms. Allen stated that the current and proposed policies both only allow the homeowners associations to request removal or reforestation of trees within their boundaries, which requires the property owners to work through their board of directors and the community's Covenants, Conditions & Restrictions (CC &R's). Mayor Pro Tem Ridgeway asked if an individual can request tree trimming and reforestation for a tree in a different association. Ms. Allen stated that the individual would still be, required to go through the board of the association that includes the tree in its boundaries. She expressed her agreement with the Assistant City Attorney that requests by individuals to the City be limited to parkway trees. Kathy Young, Cameo Association, complimented the efforts of the Ad Hoc Tree Volume 56 - Page 368 City of Newport Beach Study Session Minutes September 9, 2003 INDEX Committee. Ms. Young stated that the Cameo Association has been successful in controlling its property owners' trees, but is looking to the City to control the height of the parkway trees. She stated that they are only concerned about maintaining their views and feels that the proposed policy will allow the association to get more help from the City. She stated that the association also supports the decrease in the box size of the replacement trees, and noted that the total cost for the removal and replacement of trees would be greatly reduced. Ms. Young stated that another improvement in the proposed policy is the recognition that certain trees shouldn't be planted at all due to the damage that they cause. She agreed with the City Manager that it's currently too hard to remove problem trees and that a significant amount of money is being spent on repairs. She expressed the association's support of the proposed policy. Yvonne Houssels, Harbor View Hills South, noted that representatives from several view associations were not given the opportunity to speak at the previous Study Session. She stated that many of the associations support the proposed policy and feel that it makes it possible for the view associations to work with the City, and more equally and economically resolve view issues. She complimented the efforts of the Ad Hoc Tree Committee and City staff. She stated that an environmental report should not be necessary, and that the newly revised policy is needed as soon as possible. Ms. Houssels stated that supplemental trimming is also necessary and that the annual trimming that used to be done resulted in trees that were more attractive and didn't impact views. She also noted that increased property values don't necessarily mean that the homeowners are wealthier, expressing her support for allowing the associations to use the reduced box tree size- Ms. Houssels stated that Council Policy G -3 addresses trees outside the boundaries of the associations. Mary Porter requested that the City Council not make any changes to the current G -1 Policy. She stated that it has worked well for three years, and that tree removals should be looked at closely. She stated that she enjoys the mature trees and the atmosphere that they create. She suggested that signs be posted regarding the dangers of the cracked sidewalks. Reggie Harris, Southern California Edison (SCE), stated that SCE is concerned that the proposed policy does not address SCE's underground equipment or facilities. He stated that they've had problems with tree roots and have severed roots in the past, which can affect the health of the trees. He stated that there's also an issue regarding safety and reliability when SCE cables are damaged. Jane Brown, SCE, stated that SCE doesn't have any problems or concerns with the G -1 Policy. He stated that they just wants the City to be aware of how tree roots affect SCE's underground equipment and facilities. Pat Irwin suggested that the City of Newport Beach adopt a policy similar to the City of Laguna Beach's that urges residents to consider their neighbors' views when planting trees. Jan Vandersloot, Balboa Arbor Society, stated that the lawsuit settlement was intended to have the G -1 Policy reviewed in terms of strengthening the protection of the trees in the City and developing a tree care ordinance. He. stated that the direction seems to have gone the other way, and he requested that the current policy remain as is. He stated that the concerns regarding Volume 56 - Page 369 City of Newport Beach Study Session Minutes September 9, 2003 INDEX maintenance and cost expressed earlier by the City Manager can continue to be addressed under the current policy. Dr. Vandersloot stated that if the policy is changed, he would request that the PB &R Commission not be allowed to add or remove trees from the special tree listing, as is proposed. He explained that the authority should lie with the City Council, which is directly accountable to the citizens. Additionally, Dr. Vandersloot stated that the City should be spending its money on preventative maintenance, such as root pruning. He pointed out that the problem tree category is not needed, because any tree causing a problem can be removed under the existing policy. He stated that the existing policy is serving its purpose and is working well, and the proposed policy favors the removal of trees. Dr. Vandersloot stated that if the proposed policy is considered, a California Environmental Quality Act (CEQA) evaluation should be done. Barry Allen, Harbor View Hills Community Association, stated that the association supports the proposed changes to the G -1 Policy, and that many of the changes benefit the view associations. He suggested that individual requests for tree removals be addressed at another time. Mr. Allen, speaking on behalf of himself, stated that root pruning doesn't work, is an ineffective way of trying to control trees and increases the risk of the trees falling over. He stated that problem trees have to be removed and sidewalks need to be made level, and that the proposed G -1 Policy makes it easier for the view associations and the City to remove problem trees. He requested that the proposed policy should be approved as submitted by the Ad Hoc Tree Committee. George Parker stated that he has a view of the harbor from his home and can attest to the problem that property owners have with trees that impede their views. He stated that the trees in the City are getting larger and larger, and the City is continuing to plant more trees. He stated that views are important and trees need to be controlled. He expressed his support of the proposed policy, and stated that those that don't want trees removed should be more concerned about the many orange groves that have been lost in the County. He stated that view property owners shouldn't be singled out and required to pay for removals and replacements. He complimented those involved in amending the policy. Marian Rail asked if the policies for the view communities could be separated from those for non -view- areas. She stated that the City of Burlingame has very old trees and no one there files claims against the City. She stated that the citizens there realize that the trees are one of the beautiful things about their community. Jeanne Wanlass stated that she lives in a non -view area and the trees in the area are an asset. She also requested that the non -view areas be looked at separately from the view areas. She expressed her support for the current policy. Tom Tobin, PB &R Commission and the Ad Hoc Tree Committee, stated that the committee met five times and heard over fifteen hours of testimony. He encouraged the City Council to approve the proposed policy. Virginia Herberts stated that the proposed changes to the policy only reflect what was requested by the view communities, and that nothing was included to address the concerns of the tree lovers. She stated that the City's tree policy Volume 56 - Page 370 City of Newport Beach Study Session Minutes September 9, 2003 INDEX was originally developed because individuals were removing mature trees, and admitted that it didn't address views. She supported the idea of looking at a separate policy for view communities. Ms_ Herberts stated that root pruning is an acceptable procedure for preserving mature trees. She also stated that the president of her homeowners association doesn't feel that the proposed policy includes any meaningful right of appeal. She stated that appeals should be allowed to go through the City Council. She referred to a recent incident where a tree was removed to settle a claim and no one was given the opportunity to appeal. Anne Balderston stated that she is uncomfortable with the City being able to remove mature trees. She stated that many of the trees in her area are special. She agreed that there should be more of an opportunity to examine, on a ease by case basis, whether a tree really needs to be removed. Ms. Balderston stated that the City deserves to lose its designation as a Tree City USA if the proposed policy is approved. She stated that trees are needed for quality of life. Mayor Bromberg stated that there are strong opinions on both sides of the issue. He stated that he would support the proposed policy being presented to the City Council for approval, and that this doesn't mean that the City isn't tree friendly. He reminded everyone that the City has 40,000 trees, with a replacement ratio of almost nine to one. He stated that Newport Beach is as much a view community as it is a beach community, and the property owners with views have a right to have their views preserved. He noted, however, that in other areas of the City, the views are the trees. Mayor Bromberg stated that the proposed policy is a mechanism for dealing with the issue of tree removals. He complimented those involved in drafting the proposed policy, and reminded everyone that modifications could still be made. He specifically stated that he supports the City Manager having final authority instead of the General Services Director. He suggested that a provision possibly be added to notify council members of tree removals within their districts. In regard to an environmental review, Mayor Bromberg stated that he would need more information before forming an opinion. He did support the idea of having two policies, and felt that the view property owners shouldn't have to pay entirely for removals and replacements. He explained that the City should provide the services expected of a view community. Council Member Webb suggested that the proposed G -1 Policy be designated as the view policy, and the existing policy be kept to address the needs of the other areas in the community- He further suggested that the existing policy include a provision for preventative maintenance. He stated that other communities maintain their mature trees because of their beauty. ;Mayor Pro Tem Ridgeway thanked those in attendance at the meeting and the Ad Hoc Tree Committee for its work. He stated that the proposed policy has balance and he'd like to see it be considered by the City Council. He agreed that the City Manager should have final authority, and also suggested that the proposed policy be amended to strengthen noticing and right of appeal. He suggested that the Ad Hoc Tree Committee review these two matters and make a recommendation. Be also agreed that two policies may be needed. Mayor Pro Tem Ridgeway stated that he would support all replacements being done with 36 -inch box trees and felt that the associations could afford it. He stated that it's a quality of life issue and the view communities should pay their fair share. Volume 56 - Page 371 City of Newport Beach Study Session Minutes September 9, 2003 He stated that he supports the proposed policy and the limit on the number of trees that can be removed per year. Lastly, Mayor Piro Tem Ridgeway stated that he'd like the Ad Hoc Tree Committee to also review and clarify when trees can be changed on the special tree designation list. Council Member Heffernan stated that he is concerned about the liability issues and feels that it's the job of the City Council to spend and save the taxpayer's money wisely. He complimented the Ad Hoc Tree Committee and supported the Proposed policy for the procedures established for tree removals. He stated that the policy shouldn't provide so much tree protection that it exposes the City to financial liability. Council Member Nichols stated that Council Policy G -3 prohibits trees on certain streets in Corona del Mar. He stated that it was done to preserve views, and possibly this should be considered in some of the view communities. He also supported the idea of two different policies. He suggested that the Ad Hoc Tree Committee also review Council Policy G -3. '.Mayor Bromberg complimented the Ad Hoc Tree Committee and suggested that Ms. Allen meet with the City Manager to discuss the remaining issues. He stated that the options should then be ready to present to the City Council for action at a regular meeting. 13e asked that everyone remain flexible. PUBLIC COMMENTS - None. ADJOURNMENT - 5:45 p.m. The agenda for the Study Session was posted on September 3, 2003, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recordina Secretary Volume 56 - Page 372 INDEX