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HomeMy WebLinkAbout11/14/2000 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session November 14, 2000 - 5:15 p.m. Present: Thomson, Glover, Ridgeway, Debay, Mayor Noyes Absent: O'Neil, Adams (excused) 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None. 2. ENFORCEMENT OF TREE ORDINANCE. City Manager Bludau stated that the item is on the agenda at the request of Council Member Glover. He stated that the issues include how the City will take enforcement actions, what policies will be used and what procedures will take place when someone cuts down a City tree on City property. He stated that the Deputy City Attorney would go over the process and the problems involved. Deputy City Attorney Ohl stated that the staff report covers how the City determines which trees are City trees and how the City meets with an individual who cuts down such a tree. He stated that an evaluation report, prepared by General Services, and other issues that might be involved are looked at by the City Attorney's office, and that all of this is taken into account when trying to determine a resolution of the matter. Deputy City Attorney Ohl added that no cases have been submitted to the District Attorney's office for criminal prosecution, and that it would be unlikely that they would pursue them anyway. Deputy City Attorney Ohl stated that two matters, in the past, were taken to court, and the judges ruled that the City would only be entitled to the cost to replant the trees. He stated that this has become the basis for how the City has operated. He stated that the staff recommendations include that the City continue with the civil enforcement, get input from the City Council on the level of reimbursement to seek, pursue court action if the compensation is not received and pursue District Attorney involvement for more extreme cases. Council Member Glover asked what the City's action is if an individual destroys other City property, such as a restroom at the beach. Deputy City Attorney Ohl stated that they are probably arrested and the District Attorney is involved. City Attorney Burnham confirmed for Council Member Glover that the District Attorney's office would most likely be involved, as it is the entity that would make the decision to file any charges. Council Member Glover further confirmed that the individuals are being arrested because they have destroyed City property. Volume 53 - Page 670 5-1D-k Enforcement Tree Ordinance (62) City of Newport Beach Study Session Minutes November 14, 2000 INDEX City Manager Bludau asked if the value of the property is taken into consideration. City Attorney Burnham stated that it could be a factor in the District Attorney's determination whether to proceed with the charges or not. Police Captain Henisey stated that there are two elements to the crime of vandalism, which include the intent to cause the damages and the actual damages themselves. He stated that $5,000, or more, worth of damages makes the crime a felony instead of a misdemeanor. He added that the key issue to the District Attorney is if criminal intent can be established. Council Member Glover stated that the staff report includes a recommendation to educate the public about City -owned trees. She stated her agreement to such an approach and asked if this would give the City a greater chance of having the District Attorney involved in cases of illegal tree removal. She asked about the difference in value between destroying a City tree or a City restroom. Captain Henisey stated his belief that the District Attorney would probably not find criminal intent, in most cases, if the individual stated that they didn't know that the tree was City property. Council Member Glover stated that individuals in her district have hired non - English speaking workers to cut down City trees and nothing can be done about it until after the tree has been removed. She suggested that the District Attorney be educated on the fact that destruction of a City tree is destruction of City property. Additionally, Council Member Glover stated her support for educating the public and her belief that it would put the City in a better position, since individuals would have greater difficulty pleading innocence. She also suggested that the Daily Pilot be used in the education process. Council Member Glover stated that she does believe that many individuals are not aware that they may have cut down a City tree. She expressed her support for saving the older trees in the City. Mayor Noyes asked about the tree inventory that was planned for Newport Heights. General Services Director Niederhaus stated that a complete inventory of City trees was completed the prior year, and included a total of 30,000 trees. Additionally, Mayor Noyes asked about the fines that were discussed previously for illegal removal of City trees. City Attorney Burnham stated that once an individual has made a threat to remove a City tree and has subsequently been noticed by the City, it makes it easier for the City to pursue the maximum fine. General Services Director Niederhaus added that the notice to the individuals includes the authority and the penalty for removing a City tree without appropriate approvals. Council Member Glover stated that the Parks, Beaches & Recreation Commission has done a good job at keeping trees from being removed. Deputy City Attorney Ohl confirmed that his office works with the General Services Department in meeting with the individuals that have illegally removed trees. He stated that it is going better and there appears to be more cooperation in seeking a fair reimbursement. Council Member Ridgeway asked how the City would pursue a small claims Volume 53 - Page 671 City of Newport Beach Study Session Minutes November 14, 2000 INDEX action. Deputy City Attorney Ohl stated that staff would handle the matter, and specifically, the City Attorney's office would prepare the documentation and General Services staff, usually Urban Forester Conway, would present it to the judge. Council Member Ridgeway additionally commented on vandalism cases. He stated that they are generally malicious in nature, while tree removals are not. He added that District Attorneys are extremely reluctant to file anything in the criminal courts that does not include maliciousness. He stated his support for the recommendations in the staff report. Council Member Ridgeway asked for the General Services Director to briefly report on the City's urban forest numbers ten years prior, five years prior, today and where he thinks it's going in the future. General Services Director Niederhaus stated that there were approximately 15,000 City trees ten years prior. He added that the City is the only city in the County that has applied for, and received, a grant for approximately $60,000 to aid in the replanting of trees. He stated that, additionally, the City has done several other things and has a contract to have City trees trimmed for $39 each. He pointed out that the City's tree population is aging, which adds to the cost of maintaining the trees. General Services Director Niederhaus concluded by stating that he expects the City's urban forest to continue to grow, but not as quickly as it has in recent years. Council Member Ridgeway confirmed that it would cost approximately $38,000 to trim back the palm trees on Marguerite Avenue. He encouraged that this be done. Additionally, he confirmed that the City's urban forest inventory only includes trees on public property. Council Member Ridgeway mentioned the new trees at the corner of Farallon Drive and Newport Center Drive. General Services Director Niederhaus stated that the trees that ring around Fashion Island are a part of the City's inventory, but are maintained by The Irvine Company. He added that there are requirements on new development in regards to parkway trees. He stated that tree management in the City has become tighter over the prior year and will help to make the urban forest grow. Council Member Ridgeway confirmed with General Services Director Niederhaus that the pine trees at One Ford Road are on private property behind the curb line. He additionally confirmed that the City does not have an inventory or count of the trees on private property in the City. General Services Director Niederhaus guessed that it would be an additional 30,000 trees. Council Member Ridgeway stated that the City's public trees and private trees combine for a nice appearance in the City. Council Member Debay asked if a communications specialist was going to be used as a part of the education process. City Manager Bludau stated that the City Council did not approve a new full-time communications specialist position, so the City contracted with the Gladstone Company. He stated that they were only used for the new refuse container requirements, and that staff was not satisfied with the results or cost. He stated that a new recommendation would be brought to the City Council at a future meeting. Council Member Debay suggested that possibly the new position could be used for the tree education also. Volume 53 - Page 672 City of Newport Beach Study Session Minutes November 14, 2000 INDEX City Manager Bludau asked if the inventory included the age of the trees. General Services Director Niederhaus stated that the value of the trees is included in the inventory. He stated that the evaluation given to the City Attorney's office includes the age, size, species and condition, which are used to formulate the value of the trees for reimbursement purposes. General Services Director Niederhaus added that the value of the City's urban forest is approximately $63 million, with trees being valued anywhere between $200 and $20,000. Mayor Noyes complimented the tree trimming that is currently being done in the City. In response to Council Member Glover's question, General Services Director Niederhaus stated that he hopes to have a report to the Parks, Beaches & Recreation Commission at their December meeting regarding the status of a new grant that the City has applied for. He stated that it does look favorable. City Attorney Burnham stated that he understands that the City Council wants staff to pursue voluntary reimbursement where appropriate and also an education program, but asked for City Council direction on the pursuance of criminal filings when the City feels that it can establish criminal intent. Captain Henisey added that there may be circumstances when malicious intent should be dealt with and he does feel that the Police Department could put together a case. He stated that once the District Attorney is involved, it is the District Attorney who decides on the reimbursement and, additionally, a portion of it would go to the State. He stated that this should be taken into consideration. Council Member Glover confirmed with Captain Henisey that there are situations where documentation can be produced to show intent and maliciousness. Mayor Noyes received general agreement from the City Council that they agreed with the five recommendations in the staff report. Council Member Ridgeway reminded everyone that the ultimate goal is to receive 100% reimbursement for the planting of a specimen tree. Mayor Noyes agreed with Council Member Glover's concerns about the destruction of trees. PUBLIC COMMENTS Council Member Debay stated that a recently passed proposition on the ballot involved not sending nonviolent narcotic violators to jail. She pointed out that the Peninsula and some older parts of town have a number of group homes, and she wondered how this proposition would affect the City. Council Member Debay suggested that staff study the issue, so that the City is prepared to deal with any problems that might arise. Volume 53 - Page 673 City of Newport Beach Study Session Minutes November 14, 2000 Council Member Ridgeway stated that in the 1970'x, there was a progr called CRC, California Rehabilitation Center, which took qualified di addicts and put them into a jail setting for rehabilitation. He added that felt that the new proposition would involve a jail setting also and not rely the use of group homes. - 5:50 p.m + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ The agenda for the Study Session was posted on November 8, 2000, at 3:50 p.rrL on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Volume 53 - Page 674 INDEX