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HomeMy WebLinkAbout01 - 08-26-2003September 9, 2003 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session August 26, 2003 - 4:00 p.m. ROLL CALL INDEX Present: Heffernan. Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: Proctor CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Heffernan requested that a drawing be provided prior to the evening meeting regarding the curb cut request for 423 Orchid Avenue, Item No. 9. 2. G -1 POLICY REVIEW. Council Policy G -1 (62) Using a PowerPoint presentation, General Services Director Niederhaus stated that on March 11, 2003, the City Council directed the Parks, Beaches & Recreation (PB &R) Commission to form an Ad Hoc Tree Committee. The committee held five public meetings from April 1 to July 15, 2003, and received over 250 suggested changes to Council Policy G -1, Retention or Removal of City Trees, and 42 written comments. The process resulted in a proposed revision to the G -1 policy, which had previously not been amended since the year 2000. General Services Director Niederhaus reported that the classification of the City's trees was changed to include special trees, problem trees and all other trees. He stated that there are 965 special trees in the City, and that they include landmark trees, dedicated trees and neighborhood trees. Definitions for each category were also added to the policy. He pointed out that another proposed change to the G -1 policy is to allow the PB &R Commission to designate and remove trees from the special tree listing. The City Council would also have the right to remove trees in conjunction with beautification projects. General Services Director Niederhaus stated that problem trees include eight specific species of trees, which have been identified as causing major problems. He noted that there are approximately 7,000 problem trees in the City, and it is proposed that problem trees not be designated as parkway trees on the designated street tree list. He stated that it is also proposed that problem trees that are not designated as special trees be removed if they are causing hardscape or repeated damage due to significant street or sidewalk damage. He explained that such problem trees are currently causing expensive damage to the City's infrastructure. Problem trees could also be removed for causing a view impediment. General Services Director Niederhaus stated that problem trees can be proposed for removal by staff, private property owners or businesses, and that the Urban Forester has the authority to approve their removal. He added that no more than 250 trees would be allowed to be removed annually. City Manager Bludau suggested that the removal of view impediment Volume 56 - Page 345 City of Newport Beach Study Session Minutes August 26, 2003 INDEX trees be by approval of the l Yty Manager. Mayor Pro Tern Ridgeway asked for a clarification on the number of problem trees in the City. General Services Director Niederhaus stated that there are 7,142 problem trees and of that, 6,545 are parkway trees and 708 are view impediment trees. General Services Director Niederhaus stated that the cost of removing a view impediment tree would be the responsibility of the applicant. Mayor Bromberg asked why a property owner who has damage to his property caused by a problem City tree would have to pay for the removal. General Services Director Niederhaus stated that money was not budgeted in the 2003- 2004 fiscal year for reforestation of problem trees. Council Member Heffernan asked if the damage would be allowed to continue in such cases. General Services Director Niederhaus stated that funding is not available for regular reforestation, unless the request comes through as a claim and then the claim process is followed. Council Member Heffernan stated that it would make sense for the City to take the initiative to remove problem trees that are causing damage to private property and to include such situations in the budget. City Manager Bludau noted the provision in the proposed policy that places the responsibility of payment on the applicant for the removal of view impediment trees, but places the responsibility on the City for problem trees that cause damage to private property or the infrastructure. Continuing with the PowerPoint presentation, General Services Director Niederhaus stated that few changes were made to the policies for the all other trees classification, although it was clarified that all other trees are those not designated as special trees or problem trees. The process for the removal of special trees was also more clearly defined, and changes were made to the individuals that can appeal the decision not to remove a tree. General Services Director Niederhaus stated that the size of the replacement tree for all other trees was also increased. General Services Director Niederhaus stated that the policies for reforestation of City trees are often used by business associations or view communities. He stated that the policies were originally intended to handle problems with hardscape or view issues, but that it is being proposed to include trees that have reached their full life span, are in declining health or are the wrong species for a particular location. He stated that the petition process is also being revised to require pre - approval of petitions and who the petitions must be distributed to. The requirements for replacement trees is also proposed for amendment by reducing the size to the 24 -inch boxed trees and requiring that it be done in a timely manner. In regard to encroachment and demolition permits, General Services Director Niederhaus stated that the proposal is to return the authority of requests for tree removals or replacements to the General Services Director rather than having them submitted to the PB &R Commission, which adds a greater period of time to the permit processing procedure. He stated that the tree trimming standards are also recommended for revision by allowing the Urban Forester to determine when supplemental tree trimming is impractical or infeasible. Volume 56 - Page 346 City of Newport Beach Study Session Minutes August 26, 2003 INDEX Mayor Pro Tem Ridgeway noted that the proposed policy has not been submitted by the Ad Hoc Tree Committee to the PB &R Commission yet. General Services Director Niederhaus stated that the monthly meetings of the commission have included a report from the committee chairman. He added that the City Council did not request that the committee submit the proposed policy to the commission prior to it being reviewed by the City Council. Mayor Pro Tem Ridgeway stated that the PB &R Commission should review the proposed policy and make a recommendation. City Manager Bludau added that the resolution established the Ad Hoc Tree Committee as a committee of the PB &R Commission and did not require them to report back to the full commission. Mayor Pro Tem Ridgeway stated that he would respect their recommendation. Mayor Bromberg asked if the proposed policy would be sent out for environmental review. General Services Director Niederhaus stated that the environmental assessment will be handled by Assistant City Attorney Clausen. Assistant City Attorney Clausen stated that an environmental assessment has not been done, but that the City Attorney's office did attempt to quantify the potential tree loss under the proposed policy. She stated that if the proposed policy will be considered for adoption, an environmental assessment should be done. Mayor Pro Tem Ridgeway stated that a policy change shouldn't require an environmental review. Assistant City Attorney Clausen stated that it would be considered discretionary approval under the California Environmental Quality Act (CEQA) and that given the potential tree loss, she couldn't find a basis for being exempt. Mayor Pro Tem Ridgeway confirmed that if there's discretionary approval by the City for a change to the policy, the CEQA requirements would have to be complied with. Assistant City Attorney Clausen stated that Council Policy G -1 is being reviewed by the City at the current time as the result of a lawsuit settled in December of 2002, with the Balboa Arbor Society. As part of the settlement, the City agreed to review the policy and to also consider an ordinance for special tree protection. She stated that the committee determined that the current City ordinance sufficiently protects trees from being removed. Mayor Pro Tem Ridgeway stated that he was involved in the negotiations with the Balboa Arbor Society and that there was never a promise that special trees would remain inviolate. Council Member Webb asked if an environmental assessment had ever been done on any of the Council policies. Assistant City Attorney Clausen stated that Council Policy G -1 is the only Council policy that deals with potential physical changes to the environment. She added that if the proposed changes are made to the policy and it results in a loss of trees, an environmental review should be done. Council Member Heffernan asked if a property owner who removes a City tree without approval would be responsible for reimbursing the City for the value of the tree, in addition to the replacement. General Services Director Niederhaus stated that property owners who perform illegal tree removals are held responsible for the full value of the tree. He noted that the number of illegal Volume 56 - Page 347 City of Newport Beach Study Session Minutes August 26, 2003 INDEX tree removals has gone down. Uouncil Member Heffernan asked who pays for a tree that is damaged as the result of an accident. General Services Director Niederhaus stated that a procedure is in place through the Revenue Division to recover damages to trees and City property caused by accidents. Council Member Heffernan asked if the City would bear the risk if a tree is damaged during trimming by City crews since the City approved the trimming, or if the entity that requested the trimming be done would be responsible. General Services Director Niederhaus stated that West Coast Arborists would bear the risk. City Manager Bludau added that the entity that requested the trimming wouldn't be responsible for the quality of the work that is done on the trees. Council Member Heffernan stated that it would seem that the entity that made the request should have to indemnify the City for any damages that occur as a result of the request, since they are the ones benefiting from the trimming. Assistant City Attorney Clauson stated that it would be the responsibility of the requestor if they used their own arborist, but the Citv doesn't allow this due to liability concerns. Debra Allen, Chair of the PB &R Commission and Chair of the Ad Hoc Tree Committee, stated that regarding the concern of the PB &R Commission reviewing the recommendations of the Ad Hoc Tree Committee, regular reports were provided to the commission. She noted, however, that a recommendation from the commission was not sought because the committee was established as an ad hoc committee of the City Council, which would make the City Council the proper body to make recommendations on the proposed policy. Ms. Allen stated that it's important to remember that the G -1 policy is just that, a policy, and not an ordinance. She stated that it's direction to staff about how to handle day to day problems with trees. She stated that the proposed policy is designed to make it easier for a tree to be removed that is causing damage. Ms. Allen provided copies of the existing City ordinances that address trees. She specifically referred to the provisions in Sections 13.08 and 13.09 of the Newport Beach Municipal Code (NBMC), and stated that the committee determined that an additional ordinance was not needed, She stated that the proposed policy deals with problem trees, removal of trees and reforestation of trees. Mayor Bromberg asked if the existing G -1 policy references Section 13.08.030 of the NBMC. Ms. Allen stated that she didn't believe so, but that the section has been in place for a number of years. Regarding environmental review of the policy, Ms. Allen stated that the changes to the policy are minor but that she would defer to the City Attorney's office for direction. Mayor Pro Tem Ridgeway asked if there was any type of environmental review performed during the process. Assistant City Attorney Clauson stated that there was not. Referring to Section 13.08.030 of the NBMC, Mayor Bromberg asked if the determination by the City Council to relocate or remove a tree is based on the policies established in the G -1 policy. Assistant City Attorney Clauson stated that the G -1 policy is intended to manage the trees in regard to removal, relocation and tampering, and that it provides the process for removing a tree without prosecution under the City codes. Virginia Herberts stated that the proposed changes give the General Services Director and those that he hires too much authority. She provided a couple of Volume 56 - Page 348 City of Newport Beach Study Session Minutes August 26, 2003 INDEX examples of how trees have been saved in the past by the actions of concerned individuals who have proven that particular trees did not need to be removed. She agreed with the proposal to give the authority to the PB &R Commission to designate special trees. but she disagreed that the commission should have the authority to remove trees from the special tree listing. Ms. Herberts also expressed her concern for including public views in the discretion to remove trees and giving the authority to the Urban Forester. Mayor Pro Tom Ridgeway agreed that the ultimate authority should be with the City Manager, and not with the General Services Director. He also felt that there should be a standard established for what constitutes view blockage Mayor Bromberg asked if trees that are impeding views would be trimmed or removed. Firstly, Ms. Allen agreed that the ultimate decision maker should be the City Manager and in response to Mayor Bromberg's question, she stated that the proposed policy does not allow for one neighborhood to remove trees in another neighborhood because of view blockage. Mayor Pro Tom Ridgeway agreed that offsite tree removal should not be addressed in the G -1 policy. Elaine Linhoff requested that the Main Street ficus tree issue not be considered when looking at the G -1 policy. She stated that the existing policy was developed after many meetings with input from both those in support of removing trees for various reasons and those in support of retaining all trees. She stated that a compromise was reached and that the resulting policy has worked for three years. She didn't see the need to make any changes to it. She added that the Ad Hoc Tree Committee was biased in one direction and that the public meetings that were held didn't allow for adequate public input. Eleanor Lumsdon displayed a map of Corona Highlands, which showed the homes that are impacted by the eucalyptus trees on Coast Highway. She requested that her neighborhood be allowed to follow the procedures and have the trees replaced, but expressed her concern that the policy only allows for property owners within 500 feet to submit such requests. She stated that properties further from the trees are affected. Iryne Black stated that she was involved with the development of the existing G -1 policy and felt that it worked well until the Main Street issue. She expressed her concern for the proposed policy and the lack of standards in place for the 250 trees the General Services Director would be allowed to remove annually. She stated that there are many other factors to consider than just views. Ms. Black also expressed her concern that renters aren't included in the new procedures and that a 500 -foot limit has been set on those that can file an appeal. Lastly, she disagreed that property values are affected by view impediment trees. Allan Beek, speaking on behalf of Stop Polluting Our Newport (SPON), stated that SPON recently voted in support of Dr. Jan Vandersloot's position that the proposed policy is detrimental and that the existing G -1 policy should remain and be enforced. Secondly, speaking on behalf of himself, Mr. Beek stated that he doesn't feel that. the existing G -1 policy is working well. He stated that there is no procedure in place for the general public to initiate any corrective action to Volume 56 - Page 349 City of Newport Beach Study Session Minutes August 26, 2003 INDEX the views that have been taken away by trees. He stated that there is also no procedure in place to save trees on private property that enhance the community. Lastly, Mr. Beek expressed concern for the lack of standards regarding appeals. Mayor Pro Tern Ridgeway confirmed with Mr. Beek that his personal view differs from that of SPON's. Laura Curran agreed with the proposed standards for the reforestation petition process, but felt that a notification process should also be considered. She also encouraged the City Council to consider native trees as replacement trees. Christine Carr expressed her support of SPON's recommendation to retain the current G -1 policy. She also expressed her support of those that developed the existing policy. In regard to the proposals involving tree trimming, Ms. Carr expressed her concern for those in charge of the trimming and the damage that is being done to the trees. Iris Kimmel, President of Harbor View Hills Community Association, stated that the issue is about not planting more trees than can be maintained. She stated that tree maintenance includes thinning, trimming, and removing dead wood on the inside, and that if a tree is properly thinned and trimmed, it remains healthy and doesn't impede views. She stated that the policies should allow people to maintain reasonable views and reasonable tree heights, and that a lot of it has to do with planting the right trees in the right places. Ms. Kimmel requested that the City Council listen to what the majority of the citizens in Newport Beach have been saying and make a decision based on what the City can realistically deliver. Referring to a letter sent by the association to the City Council, she offered to answer any question.. Mayor Bromberg asked for a clarification from Ms. Kimmel regarding the location of the trees that the City refused to lower. Ms. Kimmel stated that they were City trees in the Harbor View Hills and Cameo communities. Urban Forester Conway stated that the City is limited on the amount of trimming that can be done reasonably and. that the request would require that the trees be removed or defoliated completely Bob Pastor stated that approximately twenty years ago, he worked with the City on trimming some trees in his neighborhood. He stated that the trees weren't lowered, they were just thinned, which didn't help with the view problem in the neighborhood, and that the community association ended up trimming the trees themselves. He encouraged the City Council to also review Council Policy G -3, Preservation of Views. Mr. Pastor noted that he currently has a tree that is blocking the view from his home. Mayor Pro Tern Ridgeway asked if the G -3 policy applies to private or public views. Assistant City Attorney Clauson stated that Council Policy G -3 does not protect views, but it does identify the importance of views, includes a policy to preserve and promote the aesthetic and environmental benefits of trees, and expresses the City's endeavor to maximize public and private view planes. Council Member Adams asked General Services Director Niederhaus to discuss an issue he mentioned earlier regarding Cameo Shores. General Services Volume 56 - Page 350 City of Newport Beach Study Session Minutes August 26, 2003 INDEX Director Niederhaus reported that several months ago, the City was conducting routine grid trimming in the area. and the residents asked them to stop and to trim the trees to the standard used in prior years. He stated that this type of trimming didn't follow the standards set by the National Arborists Society. The City worked with the residents and trimmed some of the trees, according to the G -1 policy, and asked for their opinions. He stated that the residents have since become actively involved with the review of the G -1 policy, and feel that they might be able to remove the trees due to view impediments. Council Member Adams asked if the proposed policy would allow the residents to petition for removal of the trees. General Services Director Niederhaus stated the he doesn't believe that the association can afford to do them all, but could possibly do it in phases. He added that they might also have two alternatives, one by means of the reforestation policy and one by the policy for problem trees. Lastly, he stated that the trees are too mature to trim down to 14 feet, as the residents have requested. In response to Council Member Adams' question, General Services Director Niederhaus stated that the residents would have the responsibility of paying for the work because it is being requested for view impediment and not hardscape damage. PUBLIC COMMENTS • Allan Beek requested that the E1 Morro trailer park issue be placed on the agenda of a future City Council meeting. He stated that the beaches in Newport Beach are overcrowded and its time that the public had access to the public beach at El Morro. He stated that the residents of the trailer park are fighting the idea. Mayor Bromberg stated that he has spoken to the City Attorney about the issue and has requested that the item be placed on a future agenda. Mayor Pro Tern Ridgeway stated that El Morro is within the City of Laguna Beach's sphere of influence, and disagreed with the City of Newport Beach addressing the issue. Mayor Bromberg stated that he had the same concern, but it is public property handled by the State and anyone has the right to express opinions, even though the City would have no jurisdiction or authority to demand or expect anything beyond providing an opinion. Council Member Heffernan stated that El Morro is a beach facility with easy access and. if certain improvements are made, it could take some of the pressure off of Corona del Mar beach. He stated that it would be in the interest of the Newport Beach residents to promote the use of El Morro. • After a brief discussion by the City Council members, it was decided that the G -1 Policy Review would be continued to the Study Session of September 9, 2003. Council Member Adams encouraged residents and staff to share their stories and issues regarding the trees in the City. He noted that the information about Cameo Shores was enlightening and that he'd like to hear from others about their specific issues and concerns. Volume 56 - Page 351 City of Newport Beach Study Session Minutes August 26, 2003 Council Member Webb requested that information be presented on what the City is doing to protect and maintain problem trees. He noted that he doesn't live in what is considered a view community and that the trees, themselves, are the views. Mayor Bromberg agreed that what may be appropriate for one neighborhood may not be appropriate for another. General Services Director Niederhaus stated that over a year ago, funds were provided in the budget for the City to begin annual trimming of ficus trees, a root pruning program and other services to retain problem trees. He stated that it has not resulted in the need to replace fewer sidewalks, and that he would present the Study Session report that addressed the issue to Council Member Webb. Council Member Heffernan requested that a ten -year summary of the claims submitted to the City for damages caused by trees also be included in the information provided to the City Council, and that it include the money that has been spent by the City to resolve them. Assistant City Attorney Clausen also suggested that the General Services Director provide information on the cost and location of sidewalk replacements and repairs that have been done as a result of tree damage. Council Member Heffernan agreed- Assistant City Attorney Clausen additionally noted the tree loss report that was included in the staff report, which identifies the trees that the Urban Forester has determined are problem trees. ADJOURNMENT — 5:45 p.m. The agenda for the Study Session was posted on August 20, 2003, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 352 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 26, 2003 - 7:00 p.m. STUDY SESSION — 4:00 p.m. INDEX CLOSED SESSION — 5:45 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M.. FOR REGU AR MEETING B. ROLL CALL Present: Heffernan, Ridgeway, Adams, Webb, Nichol Mayor Bromberg Absent: Proctor C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Mayor Pro Tern Ridgeway. E. INVOCATION — Patrick Thompson, Assistant to the Pastor, Presbyterian Church of the Covenant, Costa Mesa F. PRESENTATIONS City Arts Commission Chairperson Harrison introduced her fellow Commissioners and presented Arts Grants to the Ballet Montmartre, Ballet Pacifica, Baroque Music Festival, Festival Ballet Theater, Laguna Playhouse. Music Rainbow, Newport Beach Film Festival, Newport Beach Theater Company, Orange. County Museum of Art, Pacific Chorale, Newport Beach Sister City Association, South Coast Repertory Theatre, Southland Opera, and STOP -GAP. Ms. Harrison also invited everyone to the final concert of the Concert in the Park series on.September21 at Grant Howald Park at 5:00 p.m. She also announced that, from September 21 to September 28, the Southern California Plein Air Painting Association will have artists painting around the Back Bay so residents can watch them, and the event will culminate at a gala at the Peter and Mary Muth Interpretive Center. She stated that any proceeds will go to the Upper Newport Bay Naturalists and Friends. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORTRNON- DISCUSSION ITEM : • Council Member Webb announced that tonight is Mayor Bromberg's Volume 56 - Page 353 City of Newport Beach Regular Meeting August 26, 2003 birthday. • Council Member Heffernan stated that he met with the finance staff regarding the impacts the State budget has on the City. He announced that the City will not be impacted since adjustments have already been made to the budget. • Council Member Heffernan requested a future study session item regarding whether the City should pay for and undertake a cell site strength survey. • Council Member Heffernan requested a report relative to the Newport Coast school circulation since there is ongoing congestion. • Council Member Heffernan requested a report on whether Council Member Nichols is automatically a member of the Newport Coast Advisory Committee as per the annexation agreement. • Council Member Heffernan stated that Irvine has lit crosswalks on Michelson during the day and asked for a report on whether those types of lights could be installed in Corona del Mar where there are crosswalk issues. • Mayor Bromberg asked for a status report on the traffic synchronization project. • Council Member Nichols requested to see the results of the intersection study for Iris, Dahlia, and Orchid. He indicated that, if the yellow lights are going to be installed. he would like to see them synchronized with the stop lights. I. CONSENT CALENDAR READING OF MINUTESIORDINANCF.S AND RESOLUTIONS 1. Removed at the request of an audience member. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. Removed at the request of an audience member. 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO EZ DISPOSAL. 1) Adopt Resolution of Intention No. 2003 -48 to award a Non- exclusive Solid Waste Franchise to EZ Disposal and schedule a public hearing for September 9, 2003; and 2) introduce Ordinance No. 2003 -15 granting a Non- exclusive Solid Waste Franchise to EZ Disposal and pass to second reading on September 9, 2003. Volume 56 - Page 354 INDEX Res 2003 -48 Ord 2003 -15 Non - exclusive Solid Waste Collection Franchise (42) City of Newport Beach Regular Meeting August 26, 2003 CONTRACTS AND AGREEMENTS 5. AUTOMATIC AID AGREEMENT FOR FIRE, RESCUE AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF COSTA MESA. Approve the agreement and authorize the Mayor to execute the agreement. 6. APPROVAL OF TASTE OF NEWPORT BANNERS — ENCROACHMENT PERMIT N2003 -0285. Conditionally approve the request of the Newport Harbor Area Chamber of Commerce for the installation of 217 banners from August 27, 2003 to September 23, 2003 for the annual Taste of Newport. 7. Removed at the request of Mayor Pro Tern Ridgcway. 8. Removed at the request of Mayor Pro Tern Ridgeway. 9. Removed at the request of Council Member Nichols. 10. Removed at the request of an audience member. 11. MEMORANDUM OF UNDERSTANDING (MOU) WITH PART - TIME UNIT, UPEC, LOCAI. 777. Approve MOU Motion by Mavor Pro Tern Rideewa_y to approve the Consent Calendar, except for those items removed (1, 3, 7. 8, 9 and 10), The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: Nom - Absent: Proctor J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 12, 2003. Jim Hildreth referenced page 336 and believed he did not say what was written. Further, the retention schedule does reflect pier permits. He indicated that the minutes do not reflect if he was wrong or does not show that anyone said his statements were incorrect. He added that he was never told that any records that he has been requesting have been destroyed other than the possible destruction of Building records. He believed that the City Clerk's comments should be expanded. He indicated that the City Manager stated that some records were destroyed based on State standards, but noted that the retention schedule indicates that these documents should be permanent. Motion by Mayor Pro Tern Ridgeway to waive reading of subject minutes, approve as written and order filed. Volume 56 - Page 355 INDEX C -3663 Automatic Aid (38) EPN2003 -0285/ Taste of Newport Banners (65) C- 3362/Part -time Employees (38) City of Newport Beach Regular Meeting August 26, 2003 INDEX City Manager Bludau clarified that he has told Mr. Hildreth at previous Council meetings that the City has provided all the records it has regarding the property. He then directly told Mr. Hildreth that any records that have not been provided to him have been destroyed. Mr. Bludau added that staff does not take time to correct Mr. Hildreth every time he says something wrong because it would run the Council meeting too long. Mayor Bromberg reported that he has also told Mr. Hildreth on at least two occasions that the records have been destroyed. He stated that the fact that the City does not have paperwork to reflect this does not mean that the documents were not destroyed. He indicated that Mr. Hildreth's response is that if there are no records to show it, then they must not have been destroyed. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: Adams Absent: Proctor 3. ESTABLISHMENT OF A CITY COUNCII. AD HOC COMMITTEE Res 2003 -47 TO: (A) EVALUATE THE LEGAL SERVICES PROVIDED BY City Council Ad Hoc THE CITY ATTORNEYS; (B) MAKE RECOMMENDATIONS Legal Services REGARDING THE SCOPE OF DESIRED SERVICES AND THE Committee PROCESS OF FILLING THE POSITION OF CITY ATTORNEY; (24) AND (C) DISCUSS MODIFICATIONS OF THE CURRENT AGREEMENT BETWEEN THE CITY AND THE CITY ATTORNEY. Jim Hildreth noted that City Attorney Burnham is not present. He reported that the City Attorney intends to retire and stated that he will miss him. He wished him well. He hoped that the replacement knows how to pass notes very well over the desk. Motion by Mavor Pro Tern Ridgreway to adopt Resolution No. 2003- 47 creating the City Council Ad Hoc Legal Services Committee and designate Mayor Bromberg, Mayor Pro Tern Ridgeway and Council %lember Heffernan to the committee. The motion carried by the following roll call vote: Ayes: Ieffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 7. NEWPORT ELEMENTARY SCHOOL PLAYGROUND C -3618 RESURFACING — COMPLETION AND ACCEPTANCE OF Newport Elementary CONTRACT (C- 3618). School Playground Resurfacing Mayor Pro Tern Ridgeway stated that the new blacktop at Newport (38) Elementary School is a welcome addition and a tremendous asset to the Peninsula. He noted that the resurfacing was completed on time and on budget. and was paid for by the school district and the City. Volume 56 - Page 356 City of Newport Beach Regular Meeting August 26, 2003 Motion by Mayor Pro Tem Ridgeway to 1) accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. The motion carried by the following roll call vote Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 8. BACK BAY SCIENCE CENTER — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA ARCHITECT, INC. Mayor Pro Tem Ridgeway stated that he supports the Back Bay Science Center and the preliminary design work; however, he expressed concern that the City did not interview a number of architects to determine their qualifications. He believed that the $360,000 fee, which does not include subconsultants, is extremely high for a $3.24 million project. Motion by Mayor Pro Tem Rid eway to continue this item and look into soliciting other architects. Mayor Pro Tem Ridgeway believed that Ron )'cti s last project in Balboa was overdesigned. Further, the City received no response regarding the change orders. He stated that he has a fiscal responsibility to the City. City Manager Bludau stated that the fee is about 10% which is standard. Mayor Pro Tem Ridgeway believed that it will end up being 16% to 17% when all the consultants are added. Public Works Director Badum stated that it appears that the fee is on the high side, but noted that Mr. Yeo will be serving several clients (i.e. the Department of Fish and Game and the Orange County Health Agency). He believed that some of the subconsultants are included in the cost, but they can reexamine this Council Member Adams asked if staff could come back with justification to the current recommendation, rather than just look for another architect. )vlayor Pro Tem Ridgeway indicated that staff can bring the item back, but believed that a sharper pencil needs to be used in order for him to approve it. Council Member Adams suggested that staff write a more detailed staff report justifying the procurement and the fee. Mayor Bromberg added that staff and the architect need to meet with Mayor Pro Tem Ridgeway. He believed that this may be nothing more than miscommunication. Mr. Bludau indicated that this can be brought back at a future meeting. Council Member Nichols requested information about what is going on at Shellmaker Island since it is supposed to be an environmental area Volume 56 - Page 357 INDEX C- 3481(D) BA -006 Back Bay Science Center (38/40) City of Newport Beach Regular Meeting August 26, 2003 and there is talk about placing quite a bit of equipment there. Mayor Pro Tem Ridgeway asked that Council Member Nichols be provided with previous staff reports. Mayor Bromberg suggested that the next staff report be more detailed and include past staff reports. Council Member Webb stated that, in his experiences with Mr. Yeo, he was always very responsive. Mayor Pro Tern Ridgeway amended his motion to continue the item. The amended motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor APPROVAL OF ENCROACHMENT PERMIT NUMBER N2003- 0295 TO ALLOW A CURB CUT IN SECOND AVENUE ADJACENT TO 428 ORCHID AVENUE. Council Member Nichols stated that it is natural for a front unit of a corner duplex to have a garage if possible. Motion by Council Member Nichols to 1) approve the request to allow a drive approach to a two -car garage on the southerly side of Second Avenue; and 2) direct staff to revise the corner lot exception to Council Policy L-2.C. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 10. NEWPORT HEIGHTS /CLIFF HAVEN NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KATZ, OKITSU & ASSOCIATES. Tony Melum, Newport Beach, stated that Margaret Drive is part of Newport Heights and they have unique concerns. He indicated that they would like to be able to make those concerns known to the City's consultant and volunteered his wife to serve on the workshops. Motion by Mayor Pro Tern Ridgeway to approve a Professional Services Agreement with Katz, Okitsu & Associates of Tustin for preparing the Newport Heights /Cliff Haven Neighborhood Traffic Management Program (NTMP) at a contract price of $84,990 and authorize the Mayor and City Clerk to execute the Agreement. Volume 56 - Page 358 INDEX EPN2003 -0295/ 428 Orchid Avenue (65) C -3532 Newport Heights/ Cliff Haven Neighborhood Traffic Management Program (38) City of Newport Beach Regular Meeting August 26, 2003 INDEX In response to Jim Hidreth's comments. Mayor Bromberg reminded him to speak to the issue, not about anyone speaking on the issue. Mr. Hildreth stated that he will get in touch with the traffic management program or the associates of that location. The motion carried by the following roll call vote Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor Referencing Item 11 (Memorandum of Understanding with Part -time Unit), City Manager Bludau reported that some information in the staff report is incorrect but it is correct in the MOU. K. PUBLIC COMMENTS Robert Hanley announced that there will be a gathering of War Eagles (90th Bomb Group, aka the Jolly Rogers) at the Hyatt Newporter from tomorrow to Saturday. He asked that people remember where these gentlemen have been and what they did for the nation. Jim Hildreth requested documents and referenced the retention schedule that was adopted on August 12, 2003 which .states that pier permits, docks, piers, and mooring records should be permanent. He believed that the records he is asking for should not have been destroyed and the City is in violation of its own ordinance. He noted that he has requested that an audit of Mr. Melum's office take place. He submitted another request for records. He added that he hopes the Grand Canal will not be converted into a parking structure. Mayor Bromberg assured Balboa Island residents that the Grand Canal will not be turned into a parking structure. City Clerk Harkless clarified that the records retention schedule that Council adopted on August 12, 2003 went into affect on August 12, 2003. She stated that any of the documents that Mr. Hildreth is requesting may not have necessarily had a retention of being a "permanent document" prior to August 12, 2003, and may very well have been destroyed Brian Clarkson stated that some of the meetings run late and asked if a vending machine can be provided. He noted that it has been about 3'/ meetings since Council Member Proctor has been in attendance and stated that this accounts for almost two months in which West Newport has not had representation. Paul Smith, Corona del Mar, referenced a newspaper article about trees. He read correspondence and presented photos showing nuisance Jasmine Avenue eucalyptus trees. Volume 56 - Page 359 City of Newport Beach Regular Meeting August 26, 2003 Mayor Bromberg reported that the G -1 policy, which covers some of Mr. Smith's issues, is being reviewed. He stated that there was a study session today on this and it will be discussed again at the September 9, 2003 study session at 4:00 p.m. Further, the policy can be accessed via the City's website and General Services Director Niederhaus can contact Mr. Smith if he provides his telephone number. Mr. Smith indicated that he will be out of town on September 9. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC). No report. Local Coastal Program Certification Committee. Mayor Pro Tern Ridgeway reported that the draft LCP has been reviewed by EQA1 , EDC, all the department heads, and the LCP Committee. Further, it was also sent to the Coastal Commission who sent back a letter four weeks ago. He reported that, last Friday, City staff met with the Coastal Commission to review their comments and try to eliminate a number of their concerns. He stated that an LCP meeting will be scheduled after staff generates its comments. Newport Coast Advisory Committee. Council Member Heffernan announced that their next meeting will be held on September 3 at 5:00 p.m. at Newport Coast Elementary School. Mariners Joint Use Library Ad Hoc. Steering Committee. No report. Other Committee Activities. No report. M. PLANNING COMMISSION AGENDA AND ORAL. STATUS REPORT 12. PLANNING COMMISSION AGENDA FOR AUGUST 21, 2003. Planning Director Temple stated that Item 1 was the approval of minutes and Item 3 (Bluffs Retail Center Sign Program) was continued. Regarding Item 2 (Parking Determination for Park Newport), INIs. Temple reported that there was a condition of approval 35 years ago that required Commission review of the parking plan; however, this did not happen. In 1989, the project came back for a seismic upgrade of the parking structure, a letter was written to Park Newport that the review had riot occurred, but the review did not happen again. It was the determination of the Commission that, since there had never been a parking problem at Park Newport to their knowledge, the parking must be adequate for the project and so it was concluded that their parking is adequate. Regarding Item 4 (McDonald's Restaurant), Ms. Temple indicated that they re- noticed the public hearing since it had been awhile since the prior hearing took place. She stated that the applicant brought forward a redesigned project but the Commission was still unhappy with the design of the roof screening element for the mechanical equipment. She reported that the item was continued with more specific directive to the design team. This will hopefully come back at the next meeting. Volume 56 - Page 360 INDEX Planning (68) City of Newport Beach Regular Meeting August 26, 2003 Mayor Pro Tem Ridgeway stated that the owner of the house directly above McDonald's expressed concern about the voice box and the parking lot light that currently shines into his bedroom. Ms. Temple hoped that he contacts them so they can deal with those types of issues. N. PUBLIC HEARING 13. LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT NO. 2003 -003 FOR 1150 GRANVILLE AVENUE (PA2001 -161). Planning Director Temple reported that Council approved a General Plan and Zoning Amendment about a year ago for a small office site in Newport Center. She stated that the Local Coastal Program Amendment was inadvertently left out of the public hearing notice and not included in the resolution for approval. She noted that this is a housekeeping action that is consistent with the prior Council action to increase the allowed office entitlement at 1150 Granville Avenue from 5,000 square feet to 8,000 square feet. Motion by Council Member Adams to adopt Resolution No. 2003 -49 to approve Local Coastal Program Amendment No- 2003 -003. Mayor Bromberg opened the public hearing. There being no public testimony, he closed the public hearing. The motion carried by the following roll call vote Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, .Mayor Bromberg Noes: None Abstain: None Absent: Proctor O. CONTINUED BUSINESS 14. ESTABLISHMENT OF A CITY COUNCIL AD HOC COMMITTEE TO CREATE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE FRIENDS OF OASIS WITH THE APPOINTMENT OF TWO (2) COUNCIL MEMBERS BY THE MAYOR. City Manager Bludau reported that he spoke with the City Attorney who indicated that it would be appropriate to bring this item back. He stated that the Friends of Oasis leadership has proposed a change to the existing City policy. He indicated that the ad hoc committee will be sitting down with the Friends of Oasis leadership to talk about whether any changes to the current policy should be considered and possibly make recommendations to Council. Mayor Bromberg stated that it is his intention to appoint Mayor Pro Tem Ridgeway and Council Member Webb to the committee. Motion by Council Member Adams to 1) adopt Resolution No. 2003- 50 creating the Ad Hoc OASIS Cooperative Agreement Committee; and 2) confirm the Mayor's appointment of Mayor Pro Tem Ridgeway and Volume 56 - Page 361 INDEX Res 2003 -49 PA2001 -161/ Local Coastal Program Amendment No. 2003 -003/ 1150 Granville Avenue (68) Res 2003 -50 City Council Ad Hoc OASIS Committee (24) City of Newport Beach Regular Meeting August 26, 2003 Council Member Webb to serve on the committee. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: Nichols Absent: Proctor P. CURRENT BUSINESS 15. ANALYSIS OF POLICE OPERATIONS — JULY 4, 2003. Police Chief McDonell utilized a PowerPoint presentation. He indicated that the Police Department has been forced to make July 4th an "all hands on deck" event in which almost everyone works and, as the activities grew, they found it necessary to bring in out; ide resources. He reported that their philosophy is to get out early amongst the crowd and identify problem areas and individuals before they become significant. He believed that, for the most part, they were successful. He indicated that he would like to believe that their approach has not changed, but it was Council enacting the Safety Enhancement Zone that encouraged a more receptive audience for the communication process. He stated that they acknowledge that July 4u is a difficult day for West Newport residents. He emphasized that it is important to minimize the conflicts between pedestrians, vehicles and bicycles, while still allowing emergency vehicle access, and pointed out that the only way to accomplish this is through street closures and associated restrictions. He stated that, through the work of Council, staff, and the community ad hoc committee, the Safety Enhancement Zone restricted the delivery of alcohol, funded additional officers, used outdoor portable lighting on Balboa Boulevard, provided portable restrooms and trash receptacles, and reduced some of the parking impacts in the adjoining neighborhoods outside the zone. He believed that the increased cooperation and communication between all of the affected groups resulted in a noticeable improvement on public safety and the perception of their safety. He added that Council's enactment of the zone resulted in a positive deterrent on individuals in the City on July 4th. Chief McDonell reported that they used Explorers to hand deliver notices, to all area residents and provided property managers with additional information about the zone. He stated that their personnel heard the revelers talk about the tripled fines and the enactment of the zone provided another story for the media to carry. He added that they made an increased effort to reach the Inland Empire media to make sure that the impacts would be felt on a regional basis. He reported that the zone required a municipal code modification to triple the fines and restrict alcohol delivery from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th. He stated that they worked with the City Attorney's office and General Services to post signs at all the entrances into the zone. Chief McDonell displayed slides that showed their workload and depicted the shift in their use of administrative citations. He stated that Volume 56 - Page 362 INDEX July 4, 2003/ Analysis of Police Operations (70) City of Newport Beach Regular Meeting August 26, 2003 INDEX 64% of the arrests. 71% of administrative citations, and 50% of all the citations came from the zone. He reported that there was a 360A drop in the number of arrests this year compared to 2002 and a 46.6% drop compared to 2001; 81.6% of those arrested came from outside the City; there was a 9% drop in the number of citations issued; there was a 37% drop in vehicle code citations; and the number of disturbance advisements have been consistent. He indicated that they have made a concerted effort to rely more heavily on the City's administrative citation process since it accomplishes the objective without tying up the court calendar. He noted that, although the overall arrests were down, he is not suggesting that there were no events that had serious implications Chief McDonell emphasized that no one has this type of operational plan without a significant amount of support. He stated that they were pleasantly surprised to see that there was a 37% drop in the amount of people processed through the field booking operation. He believed that the presence of all the officers was a deterrent. He pointed out that 2003 was the first year they established a drive -thru prisoner drop -off area. He reported that officers and .deputies from nine different agencies were used in an effort to smooth out their transportation issues and ensure they had sufficient numbers to put a four - person team on almost every numbered street in the zone, River and Neptune areas, and the Triangle Shopping Center. lie noted that having all the officers was costly to the City, but the results were beneficial. Chief McDonell played a video to show the level of activity and the tone of July 4th. He noted that the Police Department conducted briefings throughout the day and teamed outside personnel with City personnel to give them a sense of how they wanted the community to be treated. He stated that the Building Inspectors were able to clear out a number of rooftop parties without issuing any administrative citations. He reported that people see vacant properties and occupy them; however, the Police Department works with the rental companies to receive a list of vacant properties and they have the authority from the property owners to make arrests for trespassing on the properties. Chief %IcDonell added that the portable lights were effective. He noted that the sweep of Balboa Boulevard started at about 10:30 p.m. to convey to those remaining on the street that the party was over. He stated that there is always at least one van that loses its window by a detainee. Chief McDonell reported that the planning for 2004 has already begun. He stated that all the critiques have been completed by Police personnel to form the basis for future discussions with Police staff and community groups to refine the operational plan for next year. He asked that the City not get too complacent with the improvements made to this year's July 4th operation since there is still the potential for problems. He indicated that they do not know if the successes of this year will be long standing and they will not know unless there is several years of experience with the improvements firmly in place. He commended the City's personnel and the outside agencies for displaying a positive atmosphere. He added that they would not have been as successful without the outstanding job of the General Services Department. Chief McDonell believed that it was a good year, but they recommend that the Volume 56 - Page 363 City of Newport Beach Regular Meeting August 26, 2003 INDEX City stay the course with some refinements and improve the process over the next few years. Mayor Pro Tem Ridgeway reported that, a year ago, Council Member Heffernan was indignant about the activities in this area during July 4th. He stated that this was a call to arms and thanked Council Member Heffernan for doing this. He also thanked Chief McDonell and the five to nine officers who attended the July 4th West Newport Safety Planning Committee meetings. He believed that the City does need to stay the course so the problems do not ramp back up. He stated that he and Council Member Proctor would still volunteer on the committee, believing that it was sunsetted after one year. He added that he appreciated seeing in the video that keeping a friendly attitude was emphasized at the briefings. He stated that he has heard nothing but good things about the day. Council Member Heffernan noted that the fines were tripled in the zone and asked if there was a tally of what the City expects to collect. City Manager Bludau stated that he did not seek a tally since people may think the City was just in it for the money. He confirmed that the City is pursuing enforcement from the 231 people that were cited. Mayor Pro Tem Ridgeway indicated that he read that there were 1,224 administrative citations /arrests which, averaging $100 per person, would bring in a minimum of $120,000 when the City spent $150,000 for the day. Mayor Bromberg announced that the July 4te West Newport Safety Planning Committee is an ongoing committee .and stays in affect until such time as the need for the committee no longer exists. He reported that the City did not know how the Safety Enhancement Zone was going to work out, but knew there were more problems every year. He believed that the City is getting there and agreed that it cannot be complacent. }le reported that he drove around the area with Lieutenant Klein in an unmarked car at 10:30 p.m. He stated that Lieutenant Klein told him that, at 10:30 p.m. on July 4, 2002, the City was absolutely crazy; however, at 10:30 'p.m. in 2003, it was a non - event. Mayor Bromberg expressed support of the Police Chiefs recommendation to hold the course. He believed that Captain Henisey's comment in the video that 98% of the people out there are good people was legitimate. He added that he has received many emails and calls from West Newport residents about July 4th thanking the City for what was done. Brian Clarkson, FreeNewport.com, thanked Chief McDonell for helping mediate City policy and make it arguably one of the best Fourth of July's in recent history. He added that the Police staff he worked with went above and beyond the call of duty in ensuring that all the officers conducted themselves respectfully and respected the public's civil rights. He stated that the officers introduced themselves to him and all the tenants in their designated areas, especially those hosting parties. He believed that, through this, they became their partners rather than their adversaries. He reported that their website has received zero complaints concerning the officers and actually received compliments which they forwarded to the Police Department. Mr. Clarkson believed Volume 56 - Page 364 City of Newport Beach Regular Meeting August 26, 2003 that the best thing Council did was to advertise that Newport Beach was not the place to go if you were looking to cause problems on the Fourth of July. Further, he commended the City on sending at least two mailers to all West Newport residents after the Fourth of July vote informing them of the laws and how issues can be avoided if they work together. He added that having the additional officers discouraged any problems and the lack of parking turned some visitors away. Regarding the triple fines, non - compliance fines, alcohol delivery and storage ordinances, and the Safety Enhancement Zone, Mr. Clarkson believed that the community must continue to analyze the effectiveness of each of these components and possibly consider others to achieve the proper balance of safety and personal freedoms. He stated that good things happen when the City works together with all the residents. Mayor Pro Tem Ridgeway thanked Mr. Clarkson for making those remarks. On behalf of Chief McDonell, Mayor Pro Tem Ridgeway publicly thanked Mr. Clarkson. He assured everyone that the City will continue to analyze each component of the ordinances and the Safety Enhancement Zone, and hopefully bring it back to the committee. Mayor Bromberg commended Mr. Clarkson for looking at the issues and being proactive. He announced that there will be fireworks at the Dunes next year. He stated that the City will follow the Police Chiefs recommendation and thanked the Police Department for working with the community. Q. MOTION FOR RECONSIDERATION — None. R. ADJOURNMENT 8:42 p.m. The agenda for the Regular Meeting was posted on August 20, 2003, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 365 INDEX