HomeMy WebLinkAbout11/22/2011 - Regular MeetingP1 C �I
City Council Minutes
City Council Regular Meeting
November 22, 2011 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 4:45 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government
Code § 54956.9(4)): Two Matters:
1. Banning Ranch Conservancy v City of Newport Beach, et at
4th District Court of Appeals Case No. G045622
2. Arnie Pihe, et at v City of Newport Beach
United States District Court, Central Division, Case No. CV -08 -8580 DSF (RNBx)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation
of litigation pursuant to Government Code § 54956.9(c)): One matter.
C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
Heading Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith,
Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler,
Special Counsel and Negotiator
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Lifeguard Management Association (LMA); Fire Beach Fire
Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police
Management Association (PMA); Police Employees' Association (PEA); and Fire
Management Association (FMA); City Employees Association (NBCEA); Newport Beach
Professional & Technical Employees Association (NBPTEA); Newport'Beach Employees
League (NBEL); Newport Beach Part -Time Unit (UPEC, Local 777)
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn,
Council Member Sehch, Council Member Curry, Council Member Daigle
VI: CLOSED SESSION REPORT - City Attorney Harp announced that there was no
reportable action
VII. PLEDGE OF ALLEGIANCE - Council Member Hill
VIII. INVOCATION -Reverend Robert Ross, Newport Universalist Society
Volume 60 - Page 295
City of Newport Beach
City Council Minutes
November 22, 2011
IX. PRESENTATIONS
Proclamation Proclaiming November as Pancreatic Cancer Awareness Month
Mayor Henn read the proclamation and presented it to Vivian D'Agostino. Ms. D'Agostino thanked
Council for the proclamation, noted that no advancements have been made in the last 40 years
regarding the diagnosis and treatment, reported that pancreatic cancer is the fourth leading cause of
cancer deaths, is the least funded, and emphasized the importance of early detection.
Recognition to the City for its Participation in Operation Christmas
Mayor Henn announced that the City Clerk's Office will be collecting toys, DVDs, gift cards, and
monetary donations until noon on Friday, December 23.
Brad White, National Chairman and Chief Elf for Yellow Ribbon America and Operation Christmas,
stated that the City of Newport Beach has partnered with Operation Christmas since 2005,
commended the City for its support and participation, provided a brief background of Yellow Ribbon
America, and presented the City with a Resolution from the State Assembly of California for being
supportive of the military and their families, and for being an example to all.
Presentation of Cultural Arts Grant Checks by the City Council and the City Arts
Commission
Robyn Grant, City Arts Commission Chair, provided details of their annual report for 2010/2011;
presented a Cultural Arts grant check along with Mayor Henn to art organizations within the City;
expressed appreciation for Council's support of the arts; referenced the record attendance at art
events; acknowledged corroboration with other agencies; addressed the lecture series, as well as
donations of art and money to the City; and expressed appreciation to staff and Council.
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR
REPORT (NON- DISCUSSION ITEM)
Council Member Rosansky discussed the policy for receiving public comments at various board,
commission and committee meetings, and requested that an item be placed on a future agenda for
discussion.
Mayor Pro Tem Gardner announced that the Corona del Mar Christmas Walk will be held on
December 4 from 11:00 a.m. to 4:00 p.m. In addition, she reported that she received a request for
support from the City of San Clemente regarding San Onofre and requested that the item be placed
on a future agenda. City Manager Kiff reported that staff will provide a letter of support and copies
will be provided to Council.
Council Member Daigle reported that she visited the Second Harvest Food Bank and expressed the
importance of supporting the organization. In addition, she announced that she attended the
opening of the new terminal at John Wayne Airport (JWA) and reported that the project was
completed on time and within budget.
Council Member Curry announced that he attended the Orange County Business Council (OCBC)
Turning Red Tape into Red Carpet awards ceremony where the City was given an award for
business retention and development. He reported that he attended the grand opening of the
Tamarind of London Restaurant in Newport Coast, stated that he participated in the League of
California Cities (LCC) Annual Legislative briefing, and noted that the State continues to be in a
Volume 60 - Page 296
City of Newport Beach
City Council Minutes
November 22, 2011
severe budget situation.
Mayor Henn wished residents a Happy Thanksgiving, reported that there will be a special meeting
on November 29 at 6:00 p.m. for closed session and 7:00 p.m. for the special meeting, and added that
the December 13 regular meeting will begin at 5:00 p.m. He announced that the Balboa Village BID
will sponsor a tree - lighting ceremony at 6:00 p.m. on December 3, and that a meeting of the
Neighborhood Revitalization Committee meeting will be at 4:00 p.m. on December 8 in the Council
Chambers. He also reported that he attended the inaugural meeting of the Center for Public Policy
at Concordia University where a presentation was made on the State of Orange County.
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 8, 2011. [100-
2011] Waive reading of subject minutes, approve as amended, and order filed.
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 pursuant to Charter Section 412.
B. ORDINANCE FOR ADOPTION
3. MACARTHUR BOULEVARD AT 4221 DOLPHIN- STRIKER WAY (PA2010-
135). [100 -20111 Conduct second reading and 'adopt Ordinance No. 2011 -25
approving Planned Community Development Plan Amendment No. PD2010 -007 to
change the zoning designation from Restaurant Site "1" to General Commercial Site
"8" for property located at 4221 Dolphin- Striker (PA2010 -135).
C. RESOLUTIONS FOR ADOPTION
4. APPROVAL OF MEASURE M2 EXPENDITURE REPORT. [100 -20111 Adopt
Resolution No. 2011 -103 approving the the M2 Expenditure report subject to
technical revisions in conformance with OCTA guidelines.
ADOPT A RESOLUTION TO SUBMIT FUNDING APPLICATIONS TO THE
ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR
FUNDING UNDER THE MEASURE M2 COMPREHENSIVE
TRANSPORTATION FUNDING PROGRAM (CTFP). [100 -20111 Adopt
Resolution No. 2011 -104 approving the submittal of four funding applications to
OCTA in accordance with the CTFP guidelines as part of the current Measure M2
call for projects.
6. RESOLUTION SUPPORTING AN APPLICATION BY CITY OF COSTA
MESA FOR OCTA MEASURE M2 TRAFFIC SIGNAL SYNCHRONIZATION
PROGRAM FOR PLACENTIA AVENUE AND 17TH STREET. [100 -20111
Adopt Resolution No. 2011 -105 supporting the City of Costa Mesa application for
the OCTA Measure M2 Traffic Signal Synchronization Program for the Placentia
Avenue and 1.7th Street Corridor Synchronization Projects.
7. RESOLUTION SUPPORTING AN APPLICATION BY CITY OF IRVINE FOR
OCTA MEASURE M2 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM
FOR BONITA CANYON DRIVE -FORD ROAD AND UNIVERSITY DRIVE.
[100 -20111 Adopt Resolution No. 2011 -106 supporting the City of Irvine application
for the OCTA Measure M2 Traffic Signal Synchronization Program for the Ford
Volume 60 - Page 297
City of Newport Beach
City Council Minutes
November 22, 2011
Road - Bonita Canyon Drive - Culver Drive and University Drive - Jeffrey Road
Corridor Projects.
D. CONTRACTS AND AGREEMENTS
8. LIDO ISLE PAVEMENT REHABILITATION PHASE III - NOTICE OF
COMPLETION OF COMPLETION OF CONTRACT NO. 4520. [381100 -2011]
a) Accept the completed work and authorize the City Clerk to file a Notice of
Completion; b) 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 c) release the Faithful Performance Bond one year
after Council acceptance.
9. HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT
REHABILITATION - COMPLETION AND ACCEPTANCE OF
CONTRACT NO. 4609. [381100 -20111 a) Accept the completed work and
authorize the City Clerk to file a Notice of Completion; b) 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 c)
release the Faithful Performance Bond one year after Council acceptance.
10. PROCUREMENT OF AN ENTERPRISE CONTENT MANAGEMENT (ECM)
SYSTEM (C- 5005). [381100 -20111 Approve the execution of an agreement with
American MicroImaging, Inc. (AMI) for the implementation of an Enterprise
Cont nt Management System, to be completed for an amount not to exceed
$209:757.00.
11. 2012 NEWPORT BEACH RESTAURANT WEEK PROFESSIONAL SERVICES
AGREEMENT (C- 5006). [38 1100 -20111 Approve and authorize the Mayor and
City Clerk to sign the January 2012 Restaurant Week Professional Services
Agreement between the City of Newport Beach and California Marketing Concepts,
Inc. (CMC, Inc:).
12. INVESTMENT ADVISOR CONTRACT APPROVALS (C- 5007). [381100 -20111
Approve three, five -year professional services contracts for investment advisory
services with Chandler Asset Management, Cutwater Investor Services Corporation,
and PFM Asset Management.
Council Member Curry recused himself from this item since he has a
financial interest in the matter.
13. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 4 WITH
BOHLIN CYWINSKI JACKSON (BCJ) FOR FURNITURE FURNISHINGS
AND EQUIPMENT (FF &E) DESIGN DEVELOPMENT AND SUPPORT
SERVICES (C- 4527). [381100 -20111 Approve Professional Services Agreement
Amendment No. 4 with BCJ of San Francisco for Civic Center and Park Project
FF &E design development and support services at a not -to- exceed price of
$220,310.00, and authorize the Mayor and the City Clerk to execute the
Amendment.
E. MISCELLANEOUS
14. PLANNING COMMISSION AGENDA FOR NOVEMBER 17, 2011. Receive and
Volume 60 - Page 298
City of Newport Beach
City Council Minutes
November 22, 2011
file agenda.
15. SHORE CLIFFS PROPERTY OWNERS ASSOCIATION REQUEST FOR
STREET TREE UP- LIGHTING AND ELECTRICAL APPURTENANCES. a)
Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to
allow up- lighting and' electrical appurtenances for five (5) Coral City street trees
along Seaward Road, contingent upon all conditions of the Encroachment Permit
process being met; and b) allow the City to enter into an Encroachment Agreement
with the Shore Cliffs Property Owners Association.
16. APPROVE FUNDING FOR NEIGHBORHOOD REVITALIZATION PROJECT
PLANNING. Approve Budget Amendment No. 12BA -017 appropriating $296,11.5
from the General Fund unappropriated fund balance to Account No. 7014- C8002023
and transferring $230,840 from Economic Development Account No. 2720 -8080 to
Account No. 7014- C8002023 for Neighborhood Revitalization concept planning.
17. REVENUE APPROPRIATION FOR POLICE DEPARTMENT JAIL
FACILITY IMPROVEMENTS. Approve Budget Amendment No. 12BA -019
appropriating $70,000 in additional revenues from dispositioned cases to the Police
Department Structures and Improvements Account for improvements in the Jail
facility.
19. NOMINATIONS FOR THE CITY S VOTING MEMBER ON THE VISIT
NEWPORT BEACH EXECUTIVE COMMITTEE. Confirm the nominations of
Paul Blank (District 6) and Dennis O'Neil (District 6) by the Ad Hoc Appointments
Committee to fill the voting member position on the VNB Executive Committee.
20. WAIVE COUNCIL POLICY A -6, AND SET THE REGULAR MEETING FOR
THE DECEMBER 13, 2011 FOR 5:00 P.M. Waive Council Policy A -6 in order to
conduct the December 13, 2011, regular City Council meeting at 5:00 p.m.
Motion by Mayor Pro Tom Gardner, seconded by Council Member Rosansky to
approve the Consent Calendar, except for the item removed (18); and noting the amendment
to Item 1 and the recusal by Council Member Curry on Item 12-
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
18. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION.
Mayor Henn believed that it is important to move forward immediately to name the
replacement, noted that the public comment period for the Banning Ranch Environmental
Impact Report (EIR) has closed and the Planning Commission will hear the item in
January. He indicated that there are a number of applications from qualified candidates on
file.
Motion by Mayor Henn, seconded by Council Member Selich to direct staff to bring
back an item at the November 29 special meeting that would waive Council Policy A -2
(Board and Commission Appointments), and to provide for the nomination and appointment
of an interim Planning Commissioner to replace Charles Unsworth.
In response to Mayor Pro Tem Gardner and Mr. Mosher's concerns, Mayor Henn clarified
Volume 60 - Page 299
City of Newport Beach
City Council Minutes
November 22, 2011
that the interim period to serve on the Planning Commission will be until June 30, 2012.
Council Members Daigle and Rosansky voiced their concerns with handling the matter so
quickly.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Mayor Henn, Council Member Selich, Council Member Curry
Noes: Council Member Rosansky, Mayor Pro Tem Gardner, Council Member Daigle
XIV. PUBLIC COMMENTS
Alicia Koberstein expressed concern about the sale of puppies from puppy mills and encouraged
Council to consider the issue in the future.
Erle Halliburton spoke in support of I Heart Puppies and commented positively on the owner of the
store. He encouraged residents and Council to visit the store and noted that the owner supports
local shelters.
Ryan Sage reported that a large event is being promoted in the City and is scheduled for December
31, 2011 and January 1, 2012. Council Member Daigle reported that the issue has been brought to
her attention and she discussed it with City Manager Kiff and Police Chief Johnson. City Manager
Kiff stated that he and Police Chief Johnson are aware and that they have been in contact with the
promoter, reported that no permits have been issued, and that staff will be working on the matter.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that the Airport Land Use Commission discussed the Housing
Element and the access plan /additional square footage at Dolphin- Striker Way. She added that as
part of their packets, the Commission staff provided news articles of the region and referenced
complaints to the FAA from various surrounding cities.
Council Member Selich reported that the West Newport Citizens Advisory Panel (CAP) met on
November 9 and approved the landscape concept for the Superior and Balboa Boulevard /Coast
Highway intersection. He noted that the CAP will be looking at plans for Coast Highway from the
Santa Ana River to Newport Boulevard, as well as Superior Avenue from the existing landscaping to
Coast Highway.
Council Member Hill reported that on November 16, the Corona del Mar CAP reached agreement on
the layout for the entrance road pattern on MacArthur Boulevard and Coast Highway. He stated
that they will be discussing the landscape design concept at the December 21 meeting at 4:00 p.m. at
the OASIS Senior Center. He also reported that on November 17, he and Council Member Daigle
participated in a town hall meeting for the Eastbluff Residents Association with the Airport Working
Group (AWG) and AirFair. He also reported that he attended the Lido Village CAP where
guidelines were presented. He stated that great progress has been made and issues will soon be
heard by Council.
Mayor Pro Tom Gardner reported that the Harbor Commission and the Tidelands Management
Committee had a presentation on a new public dock and expansion of the Balboa Marina. She
stated that both groups were excited about the prospects and added that the item will be presented
to the community groups next.
Mayor Henn reported that the Neighborhood Revitalization Committee met on November 10 to
review the status of the various CAPs. He also reported that the Balboa Village CAP meeting was
Volume 60 - Page 300
City of Newport Beach
City Council Minutes
November 22, 2011
held on November 15 where a presentation was made on "The Brand Promise" that Visit Newport
Beach (VNB) operates under and there was also discussion about public safety issues in Balboa
Village. He stated that the Tidelands Committee meeting occurred on November 16 where they
discussed the proposed Balboa Marina public dock and bulkhead issue relating to sea level rise, and
expanding the dredging of the Lower Bay.
XVI. PUBLIC HEARINGS
21. HOUSING ELEMENT UPDATE (PA2008 -078). [100 -2011]
Community Development Director Brandt discussed the City's draft Housing Element that
has received certification from the State Department of Housing and Community
Development (HCD) as well as unanimous support from the Planning Commission. She
addressed the General Plan, stated that the Housing Element is the strictest relative to
compliance, and indicated that staff has worked very hard with the State Department to
ensure that all requirements have been met.
Associate Planner Murillo provided a PowerPoint presentation defining the Housing
Element and actions taken in developing the Housing Element. He addressed the major
components, including projecting housing needs, carryover of unmet needs from previous
periods, site analysis, inventory, accommodating lower- income housing needs, constraints,
and programs. He also addressed the Mitigated Negative Declaration (MND), circulation of
the documents, comments received, and responses.
Tn response to Mayor Pro Tem Gardner's questions, Community Development Director
Brandt reported that as part of the monitoring program, staff may be able to draw
conclusions r,s to what an appropriate step might be for the future of the program, reported
that rental r.evelopment usually involves conversion of hotel rooms into studio apartments,
and acknow:,�dged that the text on Table H -27 should indicate the overall average amount.
Associate Planner Murillo reported that the HCD has taken a neutral stand on inclusionary
housing and has allowed flexibility on the issue.
Council Member Daigle commended staff for obtaining certification and noted the amount of
affordable housing that exists in the City.
In response to Council Member Selich's question, Community Development Director Brandt
reported that staff has already begun work on the next Housing Element which is due in
2014.
Mayor Henn opened the public hearing
Jim Mosher expressed appreciation to staff, addressed mandates from the State, and
questioned the requirement for additional housing units. Council Member Curry explained
that the Housing Element is mandated by the State and the City complies with their
requirements.
Evelyn Hart complimented staff on the Housing Element, addressed the growing number of
seniors in the City, and asked Council to direct staff to highlight senior housing
opportunities as they become available.
Hearing no further testimony, Mayor Henn closed the public hearing.
In response to Council Member Daigle's question, Associate Planner Murillo reported that
the Housing Element identifies several projects that are at risk for converting within the
Volume 60 - Page 301
City of Newport Beach
City Council Minutes
November 22, 2011
planning period. Council Member Daigle expressed concern that when the State requires
additional units, they are really pushing for higher densities.
Motion by Mayor Henn, seconded by Council Member Hill to adopt Resolution No.
2011 -107, adopting the Negative Declaration and the 2008 -2014 Housing Element.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
22. CITY COUNCIL REDISTRICTING. [331100 -2011]
City Manager Kiff introduced the item and addressed previous reviews by Council.
Motion by Council Member Curry, seconded by Mayor Pro Tem Gardner to
introduce Ordinance No. 2011 -27 approving the City Council Redistricting Committee's
proposed changes to the City Council District boundaries, and pass to second reading on
December 13, 2011.
Mayor Henn opened the public hearing.
Jim Mosher suggested identifying the controlling document between the map and the text,
made some formatting recommendations, and noted that a district line on the map cuts
through a residence on Bayside Drive. Planning Systems Administrator Campagnolo stated
that the line does not bisect the two properties.
Hearing no further testimony, Mayor Henn closed the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
23. APPROVAL OF MASTER FEE SCHEDULE AND CHANGE IN SUBSIDIES. [100-
2011]
Finance Director McCraner provided a brief PowerPoint presentation that addressed
departments selected for the study; reviewed fees not being presently studied for CPI
adjustment; noted that all fees are rounded down to the nearest dollar; presented a
summary of fees for the Finance, Recreation and Senior Services, Municipal Operations, and
Library Services Departments; added that 85% of the fees studied are being recommended to
either stay the same, be lowered, or eliminated; addressed new fees; and commended
Council Member Curry for encouraging staff to work with the community. She pointed out
that 16 Municipal Operations, Recreation, and Library fees were eliminated and one was
decreased. She also highlighted the special events appeal fees, reported that the majority of
municipal services are covered by taxes, and noted that the ordinance will be presented for
second reading and adoption at the December 13 Council meeting. In response to Mayor
Pro Tem Gardner's question, Finance Director McCraner acknowledged that the fees for
vehicles for hire are excessive, but covers extensive background checks, and Police and staff
time. She reported that she will provide additional information on the matter.
Council Member Curry commended staff on the short -term residential issues, addressed the
process, and noted that because of increased efficiency on the part of staff, the City has been
able to lower and eliminate many fees.
Volume 60 - Page 302
City of Newport Beach
City Council Minutes
November 22, 2011
In response to Council Member Selich's question, Community Development Director Brandt
reported that the hourly rate charged for development agreements cover all staff time.
Finance Director McCraner reported that Council will have an opportunity to review the
Community Development fees during year three of the study.
Mayor Henn commented on the CPI increases on all fees not addressed.
Mayor Henn opened the public hearing.
Jim Mosher highlighted that the recovery percent for appeals to Council are 50% and 25%
for Planning Commission appeals. He questioned outsourcing some services and the cost
recovery for meeting room rentals. He noted that other recovery fees are listed to be up to
85 %, such as tree removals, Library fees, and the inter - library loan fee. Finance Director
McCraner announced that she will respond to Mr. Mosher's concerns via a memo with copies
to Council and that it can be discussed at second reading.
Hearing no further testimony, Mayor closed the public hearing
Motion by Council Member Curry, seconded by Council Member Selich to a) adopt
Resolution No. 2011 -108 approving the Master Fee Schedule; b) introduce Ordinance No.
2011 -28, amending NBMC Section 3.36.030, and pass to second reading on December 13,
2011; c) introduce Ordinance No. 2011 -29, amending NBMC Section 5.04.200 and deleting
NBMC Sections 5.08.040, 5.08.050, 5.08.060, 5.08.070 and 5.08.080, and pass to second
reading on December 13, 2011; and e) introduce Ordinance No. 2011 -30, amending NBMC
Sections 14.12.010, 14.12.090, 14.12.125, 14.20.010, 14.20.020, 14.20.050, 14.20.060, and
14.20.070 and deleting Section 14.20.030, and pass to second reading on December 13, 2011.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XVII. CURRENT BUSINESS
24. APPEAL OF THE PARKS, BEACHES AND RECREATION COMMISSION'S
DECISION REGARDING THE REMOVAL OF EIGHTEEN (18) BLUE GUM
EUCALYPTUS TREES ON HOLIDAY ROAD. [100 -2011]
Municipal Operation Director Harmon introduced Parks & Trees Superintendent Sereno
and provided a PowerPoint presentation addressing recent events, including a previous
decision made to remove over 100 Blue Gum Eucalyptus trees on seven medians. He
referenced upcoming meetings where options will be considered for reforesting the medians,
addressed hiring an arborist to evaluate the trees throughout the City, and reported on the
removal of trees in various areas. He noted that he is working with residents to choose
replacement trees. He addressed the tree inspection, rating process, explained the ANSI 300
(Part 9) Tree Risk Assessment, discussed the Holiday Road tree ratings, presented
recommendations provided to the Parks, Beaches and Recreation Commission (PB &R) on
November 1, provided the Commission's rationale for retaining the trees, and stated that
staff is requesting that Council reverse PB &R's decision.
In response to Council questions, Municipal Operations Director Harmon reported on the
number of trees in the City's urban forest, affirmed that the City trees are routinely
inspected, explained the process for requesting removal, reported on future plans to increase
and manage the urban forest, and stated that the City contracts with a firm that performs
Volume 60 - Page 303
City of Newport Beach
City Council Minutes
November 22, 2011
grid pruning according to industry standards.
City Manager Kif£ stated that many requests for tree removals are processed
administratively through his office and staff generally follows Council Policy G -1 (Retention
or Removal of City Trees) which encourages a robust urban forest.
Mark Bernie expressed concerns regarding the process, indicated that he has not had the
opportunity to read the arborist report, questioned the method of rating, indicated there has
been no communication with residents other than the notice for the meetings, stated that
many residents believe that this is a reactionary decision based on events that occurred in
September, and urged Council to continue the item to allow communication to residents as
to how the trees are rated and how the system works.
Municipal Operation Director Harmon reported that part of the overall rating is comprised
of probability of failure and size of the tree. He stated that that residents were noticed,
information was presented at the PB &R meeting, and his office has been available for
individual consultation with residents. He added that these trees have not been evaluated
per the ANSI process in the past because it is a fairly new process.
Dave Hayes stated that he has five Blue Gum Eucalyptus trees in his backyard, referenced
the event that occurred in September, expressed concern as to how it happened, and opposed
the removal of the trees.
In response to Mayor Pro Tem Gardner's question, Municipal Operation Director Harmon
affirmed that there were other detrimental issues noticed upon removal of the trees and
believed that there is an issue with Blue Gum Eucalyptus trees.
Jim Mosher referenced Council Policy G -1, believed that decision- makers were never shown
pictures of the subject trees, and believed that alternatives should be considered.
Municipal Operation Director Harmon stated that regular pruning of canopies has been
implemented as mitigation efforts, noting that two in -house arborists have evaluated the
trees and agreed with the decisions.
Parks and Trees Superintendent Sereno reported that sonic tomography, resistographs, and
mitigation measures have been utilized annually to reduce the structure of the trees. He
indicated that the trees were originally planted to protect crops, are old, have been placed in
stressful situations, have a useful life but there is a point where they become hazardous, and
stated that an urban forest is a living entity that needs to be renewed.
Jenna Keith- Bernie expressed concern that the actions of the City are reactionary to the
tragedy in September and believed that Council is rushing to judgment.
Dennis Holland believed that the trees on Holiday Road are not in the same condition as the
tree that caused the recent tragedy and encouraged Council to take their time in considering
the issue.
Greg Trandall believed that Council is reacting to other situations in the City, addressed
trimming and treatments, and expressed opposition to the removal of the trees.
Council Member Curry believed that any tree removed should be replaced and that public
safety is the key consideration for the removal of trees.
Municipal Operations Director Harmon affirmed that the rating from the arborists in the
Volume 60 - Page 304
City of Newport Beach
City Council Minutes
November 22, 2011
evaluation of the trees resulted in a solid recommendation for removal and replacement and
that the decision was in the interest of public safety.
Mayor Pro Tem Gardner stated that she loves trees but believed that the recommendation
from the professionals should not be ignored.
Council Member Daigle noted that safety is paramount, expressed the importance of
listening to professionals, and believed that other related issues should be studied in the
future.
Council Member Hill stated that the Eucalyptus tree is one of his favorite trees; however, he
could not ignore the recommendation of experts who have found the trees to be a public
safety issue and hoped that staff will work closely with residents in discussing preferred
replacement trees.
Council Member Selich stated he too will not ignore the safety issue but suggested a post -
evaluation of the removed trees to affirm that they posed a safety issue.
Mayor Henn agreed that there is a need for follow -up, indicated that he is not motivated by
the liability or the prospects of litigation but rather by concerns for safety, and stated that
he cannot ignore the recommendations of professionals.
Motion by Council Member Selich seconded by Council Member Curry to reverse
the decision of the Parks, Beaches and Recreation Commission (PB &R) and direct staff to
have the 18 Blue Gum Eucalyptus (BGE) trees on Holiday Road removed, repair turf and
minor softscape, and work with the affected residents on selecting replacement trees for the
neighborhood.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem. Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
Mayor Henn stated his expectation that the City will work with residents on appropriate
replacement trees.
25. UPDATE PARKING PERMIT FEES. [100 -20111
Finance Director McCraner referenced the parking permit program report and indicated
that this was discussed by the Finance Committee which recommended bringing the issue
before Council for review and comments. She addressed a comparable fee survey of
neighboring cities and CPI inflators, and reported that the Finance Committee also
recommended looking into a Veterans discount. Mayor Pro Tern Gardner commented on the
rationale for offering senior discounts. City Manager Kiff reported that many seniors are on
fixed incomes.
Council Member Hill commented on the appropriateness of the City charging for services,
suggested that they be capped at market rate, and believed that parking permit fee
increases should only be made in connection with added value.
Mayor Henn opened the public hearing. Hearing no testimony, he closed the
public hearing.
Council Member Rosansky noted that costs are going up and expressed support for
Volume 60 - Page 305
City of Newport Beach
City Council Minutes
November 22, 2011
reassessing fees from time -to -time.
Motion by Council Member Rosanskv. seconded by Council Member Selich to a)
adopt Resolution No. 2011 -109 updating the Annual Parking Permit to: 1) adjust the fee to
reflect current market rates, 2) allow for an automatic annual adjustment by CPI, 3) limit
the proration to once each year, on October 1, 4) provide a fifty percent (50 %) discount to
senior citizens, and 5) provide a twenty -five percent (25 %) discount to veterans; b) adopt
Resolution No. 2011 -110 updating the Overnight Permit to: 1) adjust the fee to reflect CPI
changes, 2) allow for an automatic annual adjustment by CPI, 3) limit the proration to once
each year, on October 1, 4) provide a fifty percent (50 %) discount to senior citizens, and 5)
provide a twenty -five percent (25 %) discount to veterans; and c) adopt Resolution No. 2011-
111 changing the Master Parking Permit to: 1) lower the fee to $450; 2) limit the proration
to once each year, on October 1; and 3) provide a twenty -five percent (25 %) discount to
veterans.
The motion carried by the following roll call vote:
Ayes: Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member
Selich, Council Member Curry
Noes: Council Member Hill, Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION - None
XIM ADJOURNMENT - Adjourned at 10:20 p.m, in memory of Teresa McIntosh and former Mayor
Doreen Marshall
The agenda for the Regular Meeting was posted on November 17, 2011, at 4:25 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
p �lV li
City Clerk
4h�;- k**_'
Recording Se etary
Mayor
Volume 60 - Page 306