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HomeMy WebLinkAboutS21 - Waive Policy G-1 - Blue Gum Eucalyptus in Corona del Mar�gW PpRT CITY OF NEWPORT REACH C'9CIF00.aP City Council Staff Report Agenda Item No. s2 _ October 11, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3001, dkiff @newportbeachca.gov PREPARED BY: Dave Kiff, City Manager APPROVED: ``n TITLE: Waiver of Council Policy G -1: Certain Blue Gum Eucalyptus in Corona del Mar ABSTRACT: Approximately fifty (50) Blue Gum Eucalyptus (Eucalyptus globulus) trees in Corona del Mar along Fourth Avenue have been reviewed by an independent arborist. A significant number of them should be removed. Staff seeks a public workshop in advance of the removal. According to Council Policy G -1, the Parks Beaches and Recreation Commission must meet to review the removal of Special Trees like the Fourth Avenue eucalyptus prior to any removal (unless it is an emergency removal). However, we may be unable to secure a quorum of PB &R for a Thursday evening public meeting planned for Thursday, October 13tH RECOMMENDATION: In the event that a quorum of the Parks, Beaches, and Recreation Commission cannot be established on Thursday, October 13'h, waive Council Policy G -1 for Blue Gum Eucalyptus in Corona del Mar where an arborist has completed his review of these trees as of October 10, 2011. 2. Notice and hold a public workshop in the evening of Thursday, October 13th at the OASIS Evelyn Hart Events Center to discuss the removal and replacement of problem Blue Gum Eucalyptus in Corona del Mar. FUNDING REQUIREMENTS: There is no fiscal impact related to this specific decision item, but tree removals and replacements have an expense. Waiver of Council Policy G -1: Certain Blue Gum Eucalyptus in Corona del Mar October 11, 2011 Page 2 DISCUSSION: Council's direction and staff's obligation is always to follow Council Policy G -1 (attached) relating to tree removals and replacement. In that spirit, the staff, along with an independent arborist, have reviewed about 50 Blue Gum Eucalyptus trees in Corona del Mar, primarily along 4th Avenue. These trees are identified as Special Trees (and Neighborhood Trees) under G -1. While staff has not yet seen the report, we know that a significant number of them will likely require removal. As such, they require a process to remove — that process includes a review by PB &R. G -1 reads in part: Special Trees shall be retained, unless there are overriding problems, such as death, disease, or the creation of a hazardous situation, which require their removal. Prior to consideration for any removal of a Special Tree(s), the General Services Director, or designee, shall prepare a report identifying and implementing specific treatment to retain the tree(s)_,lf specific treatment is unsuccessful or impractical in retaining a Tee(s) then a full staff report shall be made to the Commission before any further action considering removal is taken. Prior to any removal of Special Tree(s), the City must comply with the noticing provisions of the Removal of City Trees section set forth in this Policy, unless a Special Tree is considered hazardous that necessitates an emergency removal. Any such removal must be recommended by the General Services Director and the Risk Manager and approved by the City Manager. Staff has attempted to schedule a PB &R Commission meeting with the public in Corona del Mar at the OASIS Senior Center for Thursday evening, October 131h. There is a chance that we may not be able to have a quorum of the Commission's membership at that meeting. This is problematic because staff believes that certain problem trees should be removed quickly (not immediately, but quickly). In the event we do not have a quorum of the Commission, staff has proposed a fallback event - a community workshop on the special trees, with as many PB &R Commissioners as can attend, to explain staff's concerns and approach (including reforestation with a more appropriate street tree). The Council's waiver of G -1 for the limited purpose of reviewing and possibly removing some of the Special Trees (Blue Gum Eucalyptus) in Corona del Mar allows the above to occur with appropriate public input and notice. We hope and expect to have a quorum of the Commission, but this waiver allows us the ability to act quickly if need be — while still involving the public and those commissioners who can attend the workshop. ENVIRONMENTAL REVIEW: This waiver of G -1 is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Waiver of Council Policy G -1: Certain Blue Gum Eucalyptus in Corona del Mar October 11, 2011 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Dave Kiff City Manager Attachment: Council Policy G -1 Waiver of Council Policy G -1: Certain Blue Gum Eucalyptus in Corona del Mar October 11, 2011 Page 4 COUNCIL POLICY G -1 RETENTION OR REMOVAL OF CITY TREES GOAL OF POLICY To establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest with an inventory that the City can reasonably maintain in a healthy and non - hazardous condition. To require that in approving any tree removal or reforestation request the PB &R Commission shall find that the tree removal request will not adversely impact the overall inventory, diversity and age of the City's Urban Forest. PURPOSE The purpose of this policy is to establish definitive standards for the retention, removal, maintenance, reforestation, tree trimming standards, and supplemental trimming of City trees. City trees are an important part of the character and charm of the entire City and provide environmental benefits as well. Regular care, trimming, root pruning, maintenance, and programmed replacement are necessary to preserve this charm while at the same time protecting views consistent with Council Policy G -3 and preventing public and private property damage. The City classifies public trees in one of three categories: Special Trees, Problem Trees, and All Other Trees. SPECIAL CITY TREES It is the City's policy to retain City trees categorized as Landmark, Dedicated, or Neighborhood trees, which have historical significance, and /or contribute to and give character to a location or to an entire neighborhood. Landmark, Dedicated, and Neighborhood trees are identified by species by Attachment 1, and shall hereinafter be referred to as Special Trees. Trees within these categories shall be identified, mapped, recorded and administered by staff for the Parks, Beaches & Recreation Commission ( "Commission "). The Commission shall review the Special Tree list on an as needed basis and forward recommendations for additions or deletions to the City Council for approval. Landmark Trees are identified as those individual Special Trees that possess historical significance by virtue of their size, age, location, or species. Dedicated Trees are Special Trees donated for or in the memory of specific individuals or organizations. Neighborhood Trees are Special Trees that by their unusual size, number, species, or location lend a special character to a residential, commercial, or business area. Special Trees shall be retained, unless there are overriding problems, such as death, disease, or the creation of a hazardous situation, which require their removal. Prior to consideration for any removal of a Special Tree(s), the General Services Director, or designee, shall prepare a Waiver of Council Policy G -1: Certain Blue Gum Eucalyptus in Corona del Mar October 11, 2011 Page 5 report identifying and implementing specific treatment to retain the tree(s). If specific treatment is unsuccessful or impractical in retaining a tree(s) then a full staff report shall be made to the Commission before any further action considering removal is taken. Prior to any removal of Special Tree(s), the City must comply with the noticing provisions of the Removal of City Trees section set forth in this Policy, unless a Special Tree is considered hazardous that necessitates an emergency removal. Any such removal must be recommended by the General Services Director and the Risk Manager and approved by the City Manager. During normal sidewalk, curb, and street repair activity requiring root pruning, all steps shall be taken to retain Special Trees. If tree roots are to be pruned in association with sidewalk, curb, and gutter improvements, sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both sides of Special Tree's roots are to be pruned, one side should be pruned 6 months to a year in advance of the other side depending upon the species and other related factors. If root pruning methods are not practical and /or critical to the health of the tree, then alternate or special hardscape improvements should be considered by the City in order to retain the tree providing that costs are reasonable. All proposed root pruning or other tree treatment shall be assessed and approved by the Urban Forester. Special Trees may be considered for removal in conjunction with a City Council approved beautification project utilizing the Removal of City Trees procedures noted in a subsequent section of the Policy. PROBLEM TREES A Problem Tree is defined as a tree that by virtue of its species causes excessive hardscape or utility damage due to its excessive root system. The following trees are defined as Problem Trees: • Ficus nitida (Indian Laurel Fig) • Ficus rubiginosa (Rusty Leaf Fig) • Ficus benjamina (Weeping Fig) • Erythrina caffra (Kaffirboom Coral Tree) Fraxinus uhdei (Shame) Ash) Cupaniopsis anacardioides (Carrotwood) • Liquidambar styraciflua (American Sweet Gum) • Schinus terebinthifolius (Brazilian Pepper) Problem Trees shall not be designated as parkway trees on the Designated Street Tree List. Problem Trees that are not designated Special Trees may be removed for the following reasons: A. The City tree has had a repeated history of damaging public or private sewers, water maims, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer stoppage that restflts from tree roots and causes significant documented private property damage (greater than 5500) shall be sufficient criterion for tree removal. Waiver of Council Policy G -1: Certain Blue Gum Eucalyptus in Corona del Mar October 11, 2011 Page 6 B. The City tree has had repeated history of significant interference with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage. C. The City tree has created, in the opinion of the Urban Forester, a view impediment that cannot be resolved by normal nor alternative tree trimming procedures. Problem Trees may be proposed for removal by either staff or private property owners. The authority to remove Problem Trees rests with the City Manager. No more than 250 Problem Trees may be removed per year by staff under these criteria without special approval of the Parks, Beaches, and Recreation Commission. In removals under Sections A & B above, no more than one of three parkway trees in a continuous row may be removed in a three year period without a hearing before the Commission. Replacement trees of a 24 -inch box size may be planted if funding permits. Staff is responsible for notifying the adjacent property owner, the legally established homeowners association, and the Councilperson of the district where the removal proposed, if applicable, of the intent to remove a Problem Tree. The decision by the City Manager to remove a problem tree is final unless called up by at least one Councilperson. The Urban Forester shall report the removal of Problem Trees on a monthly basis to the Commission. The cost to remove and replace Problem Trees will be the sole responsibility of the City based on availability of funding, with the exception of Category C (view), which is the sole responsibility of the applicant. ALL OTHER CITY TREES A City tree which is not designated as a Special or Problem Tree is designated as an All Other Tree. It is the City's policy to retain All Other Trees unless removal is necessary for one of the following reasons: A. The City tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer stoppage that results from tree roots and causes significant public or private property damage (greater than $500) shall be sufficient criterion for tree removal. B. The City tree has had a repeated history - of significant interference with street or sidewalk drainage. C. The City tree is dead, diseased, dying, or hazardous, and presents a liability to the City. A dead tree is one that has been assessed by the Urban Forester and found to have deceased. Diseased trees are defined as those trees that cannot be cured by current arboricultural methods, are in an advanced state of decline, and have no prospect of recovery. Dying trees are those that have no prospect of recovery. Hazardous trees are defined as those that are defective, have a potential to fail, and would cause damage to persons and property upon failure. The Urban Forester will perform a hazard assessment whenever a tree is identified as hazardous. The assessment will identify: structural defects of the tree, parts of the tree most likely to fail, targets where imminent personal injury or property damage may result with tree failure, and procedures or actions necessary to abate the hazard. After assessment, the Urban Forester will expeditiously convey his written findings and recommendations to the Risk Manager for evaluation. If the Risk Manager agrees with the Urban Forester findings to remove a Waiver of Council Policy G -1: Certain Blue Gum Eucalyptus in Corona del Mar October 11, 2011 Page 7 tree, the hazardous tree will be removed without further delay. In the case of imminent tree failure, the Parks and Trees Maintenance Superintendent or the Urban Forester shall have the authority to direct the removal of a hazardous tree. The tree(s) have been requested to be removed in conjunction with a City Council - approved City, commercial, neighborhood, or community association beautification program. E. The City Manager, upon the advice of the General Services Director, City Attorney, Risk Manager or the Traffic Engineer, shall have the authority to remove individual Problem or All Other Trees to resolve claims or safety issues. REMOVAL OF CITY TREES The initiation to remove (Special or All Other) City tree(s) may be made by the staff of the General Services, and /or Public Works Departments, a legally established community association, or a private property owner by making application to the General Services Director, utilizing the City tree removal form. The provisions and procedures of this Section of the Policy do not apply to the Problem Tree nor Reforestation tree removal processes, which are described in other sections of this Policy. Special Trees may be considered for removal under the provisions of this Section provided a special report by the General Services Director is provided to the Commission detailing the necessity of removal and any specific previous treatment of the tree. After receipt of the application, a Tree Inspection Report shall be prepared by the City's Urban Forester (Attachment 2) to determine if the tree(s) meets the criteria outlined in the above All Other City Trees section for consideration for removal. Simultaneously, the Urban Forester shall provide a notice of the proposed tree removal to the adjacent property owner (if not the applicant), the private property owners immediately adjacent to the applicant's property, and the appropriate community association if applicable, (not applicable to the emergency removal of hazardous trees under Item C nor to trees that meet the criteria of Item E in the preceding All Other City Trees section). The Urban Forester shall determine whether in his /her judgment additional specific treatment can be initiated to retain the tree provided the costs are reasonable. If a tree(s) is to be removed, the tree(s) will be posted at least 30 days prior to the removal with a sign notifying the public that they have the right of appeal. The sign shall also note a staff contact. Once a recommendation is made by the Urban Forester and the Parks and Trees Maintenance Superintendent to the General Services Director and the General Services Director or designee concurs, then the applicant, the adjoining owners private property owners on either side of the street within 500' in each direction of the tree location and a legally established community association, if applicable, shall be notified of the decision to remove or retain the tree within 30 days of the proposed removal. A legally established community association is responsible for notification of all association members pursuant to their established procedure. The General Services Director, or a designee, shall prepare a staff report for a regularly scheduled PB &R Commission meeting of all trees recommended for removal, except for those trees categorized in Paragraph C. (dead, diseased, or dying trees) or Paragraph E (claims and safety issues) in the preceding section on All Other City Trees. Only an applicant, an adjoining property owner, or a legally established community association, the City Manager, a PB &R Commissioner, or a Councilmember may appeal the decision of the Waiver of Council Policy G -1: Certain Blue Gum Eucalyptus in Corona del Mar October 11, 2011 Page 8 General Services Director not to remove a tree to the Commission. The Commission, in considering any appeal, shall determine whether the removal meets the criteria outlined in this Policy, as well as any unique factors which may be pertinent to the removal or retention of tree(s). The decision of the Commission will be considered final unless called up by at least one Councilmember or the City Manager. The General Services Department will delay any tree removal(s) for at least 14 calendar days following the date of the Commission decision in order to allow time for a Councilmember or the City Manager to call the item. The City will replace all trees removed in accordance with the All Other City Trees removal criteria on a one for one basis. Replacement trees will be a minimum of a 36" boxed size. If 36" boxed trees are not available, or funding, or space constraints prevent planting of a large tree, then a minimum of a 24" boxed tree will be planted. The full costs of removal and replacement of Special or All Other Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s). REFORESTATION OF CITY TREES The concept of systematically replacing Problem or All Other Trees which are creating hardscape and/or view problems and cannot be properly trimmed, pruned or modified to alleviate the problem(s) they create, or those which have reached their full life, and are declining in health, or are simply the wrong species of trees for the planted location is referred to as reforestation. The Urban Forester shall make a finding for the latter category of inappropriate tree species for a specific location. His determination may be appealed to the General Services Director whose decision will be final. It is recognized and acknowledged that City trees were planted many years ago and in some cases were planted with specific species that when fully mature cause damage to curb, gutter, sidewalk or underground utilities. Within the geographical boundaries of certain view neighborhoods, City street trees may encroach into blue water views from public and private property depending on the length of time since the trees were last trimmed, or the age and height of the trees. In other cases, the wrong species of tree was planted originally and simply does not conform to the current treescape or represents a safety hazard. Arborists continue to develop lists of tree species which will grow in restricted parkway areas without causing significant damage to curb, gutter, sidewalk, utilities or loss of views. The City Street Tree Designation List, which specifies a species for each City street reflects an effort by the City to prescribe appropriate tree species that will not cause future problems. As a City which understands the importance of trees and the beauty they bring to a community, the City desires to continually improve the urban forest through reforestation. In areas where City trees have been removed through City initiation, the City will endeavor to replace the trees with the appropriate designated City tree. Individual private property owners, as well as legally established community associations, may apply for single or multiple tree reforestations in their respective area by submitting a request to Waiver of Council Policy G -1: Certain Blue Gum Eucalyptus in Corona del Mar October 11, 2011 Page 9 the General Services Director for consideration by the Commission that meets the following requirements: A. The proposed area must have clearly defined contiguous geographical boundaries that include the tree(s) proposed for removal and replacement, street address(es), block number(s), or other geographical information. This section applies to individual and group requests. B. Residential communities, neighborhoods, or business organizations who apply for reforestation must submit a petition signed by a minimum of 60% of the property owners within the area defined for reforestation. The petition content must be approved and dated by City staff prior to distribution by the petitioner. The staff - approved petition must be distributed by the petitioner to a maximum of 30 private property owners (up to 15 contiguous private property owners on both sides of the street up to 500' in either direction from the location of the proposed reforestation). Signatures by non - property owners are not acceptable for petition purposes. All petition signatures shall be verified by City staff for property owner status of the person(s) signing the petition. As an alternative to the above requirements, areas represented by a legally established community association, may submit a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the community association having their residential views affected, have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. Individual private property owners living within a legally established community association area with mandatory association membership must petition for reforestation through their respective association. C. Individual private property owners not residing within a legally established community association area may submit individual requests for single or multiple tree reforestations. The applicant must submit a petition signed by a minimum of 60% of a maximum of 30 private property owners (up to 15 contiguous private properties on both sides of the street up to 500' in either direction from the location of the proposed reforestation site) as well as the endorsement of the appropriate homeowners' association, if applicable. The petition content must be approved and dated by staff prior to distribution. All petition signatures shall be verified by City staff for private property owner status of the person(s) signing the petition. D. A written agreement must be submitted to the Parks, Beaches, and Recreation Commission by the petitioning sponsor (individual private property owner(s) or group) to pay 100% of the costs of the removal and replacement of the public tree(s) in advance of any removal activity. The actual removal and replanting will be coordinated by the General Services Department. The total costs shall include only the contractor's removal and replacement costs and be paid in advance of any removal actions. E. The replacement tree(s) for reforestation shall be the Designated Street Tree(s) as prescribed by City Council Policy G -6, or the organization must request and obtain approval from the Commission of the designation of a different tree species prior to submitting any reforestation request for a tree species other than the designated street tree. This section applies to individual or group requests. Waiver of Council Policy G -1: Certain Blue Gum Eucalyptus in Corona del Mar October 11, 2011 Page 10 F. There shall be a minimum of a one - for -one replacement of all trees removed in reforestation projects. Replacement trees shall be a minimum size of 24" boxed trees, unless the parkway space will not accommodate a 24" boxed tree or a tree cannot be planted due to planting restrictions contained in Council Policy G -6. If there is not room for the replacement tree(s) at a specific site as prescribed by City Council Policy G -6, then the replacement tree(s) shall be planted in a public area in the same neighborhood at the option of the petitioner. This section applies to individual or group requests. G. Reforestation requests must be completed and submitted in a timely manner by the petitioner. Petitions that are dated more than 90 days in arrears from date stamped by staff before distribution will not be forwarded to the PB &R Commission for consideration. The decision of the Commission on reforestation requests will be considered final unless called up by at least one Councilmember or the City Manager. TREE MAINTENANCE The City shall require the proper care and watering of replacement trees by the reforestation petitioner to ensure their proper growth and development as outlined in City Council Policy G -6. Furthermore, no person shall tamper with City trees in violation of Section 13.08.040 of the Municipal Code. Further, the City will endeavor to fund the care of the Urban Forest to the highest level possible through the efficient use of regular tree trimming, root pruning, root barrier and pesticide programs. ENCROACHMENT AND DEMOLITION PERMITS All encroachment permits (permits for private property development which are proposed to encroach upon the City right of way) or demolition permits that involve the removal or replacement of City tree(s) must be specifically noticed by the property owner to City staff prior to the building and /or demolition permit process whenever possible. The proposed construction plans must indicate preservation of existing City trees wherever possible (exempt: dead, dying, or in an advanced state of decline). If the proposed development, as deemed by the General Services Director, requires the removal of City trees, the property owner must submit a tree removal request to the General Services Director, shall pay all related tree removal and replacement costs (one for one replacement) and meet all provisions of Council Policies L -2 and L -6 and City Ordnances 13.08 and 13.09. Approval or disapproval of all tree removal /replacement requests associated with encroachment and demolition permits will be the responsibility of the General Services Director or a designee. TREE TRIMMING STANDARDS The City Council has adopted tree trimming cycles for trees of different ages and species. Tree trimming cycles and trimming standards shall represent the maximum feasible frequency given current fiscal conditions. Except as provided in the Supplemental Trimming Section below, trimming shall be in accordance with the standards of the International Society of Arboriculture (ISA). In those communities with a legally established community association, periodical tree Waiver of Council Policy G -1: Certain Blue Gum Eucalyptus in Corona del Mar October 11, 2011 Page 11 trimming with an emphasis on height reduction will be considered by the City Urban Forester upon written request by the association. SUPPLEMENTAL TREE TRIMMING The City will consider, and as a general rule approve, requests to trim certain trees more frequently or to trim trees consistent with practices applied prior to the adoption of ISA standards (to enhance public and private views, preserve required sight/distance standards, or other public purposes) which are submitted by affected private property owners or the board of a legally established community association and the request is accompanied by a completed "Supplemental Tree Trimming Form" and full payment for the requested tree trimming. However, since these practices often require 'topping' or possible disfiguring of a tree(s) and are often aesthetically displeasing and injurious to a tree, reforestation shall oniy be considered when supplemental tree trimming is impractical or infeasible as determined by the Urban Forester. The General Services Director shall establish procedures to implement the supplemental trimming provisions of this Policy. An approval must be obtained from a legally established association by the requestor of supplemental tree trimming in areas with an active homeowners' association if the requested trimming is to be undertaken within the association area. Attachment 1- Special Trees — not attached but summarized here: NEIGHBORHOOD TREES: Fourth Avenue Eucalyptus globulus (48) Attachment 2- Tree Inspection Report — not attached.