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HomeMy WebLinkAbout29 - Tree Policy Analysis0 City Council Agenda Item No. 29 June 28, 1999 TO: Mayor and City Council FROM: General Services Director SUBJECT: Tree Policy Analysis Recommendation None. Report is for informational purposes and discussion only. Background The City has a large urban forest of over 28,000 trees. The forest is managed through the use of Council Policies G -1 (Retention and Removal of City Trees) and G -6 (Maintenance and Planting of Parkway Trees). Overall management of the urban forest has been assigned to the General Services Department with specific staffing and budgeting assigned to the Tree Maintenance Division. Currently, the Division is staffed by the Urban Forester, John Conway, who is a highly qualified and certified arborist. He is assisted by a Park/Tree Laborer. The current budget for the Tree Division is $595,494, which is primarily dedicated to funding tree care through the use of a private contractor. With the current funding level, the tree trimming cycle is three years, however, as the urban forest continues to grow, additional funding will be required to maintain this cycle. Numerous trees such as palm, coral, and ficus trees must be trimmed on an annual basis due to liability concerns. The City has been nationally recognized for the past eight years as Tree City USA and has received a Special Growth Award for the past four years. While Policies G -1 and G -6 are the main guidelines regarding the management of the urban forest, the former is the most controversial and the focus of this report. The City Council approved four minor changes to the G -1 Policy on August 10, 1998. A copy of the Council agenda item and Council Policy G -1 are attached. As a result of a number of tree issues, primarily related to the retention and removal of City trees, Council has directed an analysis of problem areas that have surfaced since the last major revision of the G -1 Policy in July 1997. Some of the Council interests that were identified are: (a) Can the Policy be improved? (b) What are some of the implementation problems encountered by staff with the revised policy? (c) Can "common sense" solutions still be made by staff with the current policy or is strict application of the Policy guidelines the only option? (d) Review the mechanism related to the G -I Policy to resolve tree requests and identify problem areas. (e) What are some alternatives that could be initiated to improve overall tree service response? The Council requested only an informational report from the staff's viewpoint on tree matters and not any specific recommendations, policy revisions, nor non -staff input. Discussion Staff has identified the following implementation problems since the last maior revision of the G -I Policy in July 1997: (a) The current policy leans heavily toward tree preservation even though a tree is in the latter stages of its life, is stunted or has overgrown its tree well, is damaging public or private property, and can be replaced with a large boxed tree, in some cases, at no expense to the City. An example of this type of tree request was studied by the Council in April with the homeowner appeal being returned for Council consideration at the June 28 meeting (Parker tree removal /replacement request, 2327 Arbutus). (b) A very small fraction of the community insists on the strict interpretation of the G -I Policy as a means of tree preservation at any cost, forcing additional City expenses, liability, and consuming an inordinate amount of staff and Parks, Beaches, and Recreation Commissioners' time. (c) Some groups of trees have been placed on the Special Tree list of the Policy for the sole purpose of preservation even though the trees are of no special interest to the City. Such a designation creates an awkward tree management situation, unnecessary additional expense to the City, and a high frustration level by adjacent property owners who expect equal treatment of their tree requests (Attachment I, Council Policy G- 1, Neighborhood Trees). (d) Reforestation procedures for the City trees have been interpreted by staff to apply to neighborhood association areas versus individual resident's requests. This results in all individual tree removal requests automatically being judged by the more stringent Tree Removal procedures of the Policy. (e) Some wording of the Policy leaves staff without clear direction. An example would be whether "repeated damage" to public or private property by City trees equates to two, or more than two, incidents of hardscape damage before a tree may be removed. (f) Special Trees can't be removed even when endangering public /private property according to the current policy. The interval for root pruning • of Special Trees could be lowered to six months from 12 months depending upon tree species. This would lessen the amount of public or private damage caused by tree roots. Tree Policy Analysis The G -1 Policy was written to provide specific tree maintenance procedures for staff, residents, and business owners. The Policy is divided into four distinct categories: Special City Trees, Removal of City Trees, Reforestation of City Trees, and Tree Trimming Standards/Supplemental Trimming. A number of provisions were added to the Policy in the final hour to appease specific interests and have resulted in creating, in staff's opinion, a lengthy process for tree removal requests that often frustrates residents and business owners. As the problem areas (a -f) noted earlier specify: the majority of the difficulties in managing the tree policy is related to tree removal requests by citizens or staff. The Reforestation and Tree Trimming Standard/Supplemental Trimming portions of the Policy have been adequate in resolving tree problems. An expansion of the authority of the Reforestation section to include single tree locations would significantly improve the staffs ability to solve tree requests. • As noted earlier, the Tree Division is comprised of only two staff members. Collectively, they handle an average of 200 requests per month. Each request takes from 30 minutes to several days to resolve. A common complaint to my office is that tree requests are not handled in an expeditious manner. Modifications to the Policy or at least a less stringent interpretation of the Policy could resolve many of the delays. Tree Removal Process Council also indicated interest in the mechanism or manner that tree removal requests were handled. Staff has provided a City Tree Removal Process Flow Chart (Attachment C) to illustrate the steps involved in the process. A typical street tree removal request consumes a minimum of six staff hours through the level of an appeal to the Parks, Beaches, & Recreation Commission. Over 90% of all tree removals that are denied by staff are appealed to the Parks, Beaches, & Recreation Commission. The Commission attempts to resolve the removal disputes in an equitable, common sense manner, but is bound by tree advocates' insistence on the strict interpretation of the G -1 Policy. Almost all tree removals are opposed by tree advocates, who are particularly adamant when the PB &R 40 Commission or staff attempts to mitigate tree disputes. Tree Trimmm2 In 1993, the Tree Division was staffed by 11 employees and had a budget of $727,665. The cost to trim each City tree was calculated to be $89. The budgeted amount did not include the costs of purchasing and maintaining the tree trimmer truck fleet, which if the costs were included, would result in an estimated $900K annual tree budget. A staff study prepared at Council direction in October 1993, identified savings of $199K by privatizing the tree trimming function. Council then directed privatization of tree trimming, which occurred on January 1, 1994. The annual tree maintenance budget was subsequently decreased to $499,620. With the decreased level of funding, the tree trimming cycle was consequently lengthened from three years to 4.3 years and the public complaints on the service level (specifically the extension of the trim cycle) significantly increased. Staff requested an additional $100K in the FY 98 -99 budget in tree trimming funds to alleviate this problem. The Council subsequently approved this request and tree trimming interval complaints have decreased. As a separate step in alleviating tree trimming service levels, staff developed the Supplemental Tree Trimming Procedures in the G -1 Policy wherein a resident may pay $39 per tree to have a City parkway tree trimmed by the City tree contractor on a shorter interval than three years. While both additional funding and Supplemental Tree Trimming Procedures alleviated a significant amount of citizens' complaints, funding for the larger number of trees (22,000 in 1992, 28,000 in 1999) was never restored in a proportional amount from earlier years. The proposed FY 99 -00 Budget provides for $592K for tree maintenance as compared with $727K (estimated with equipment costs to be $900K) budgeted in 1992 when the urban forest consisted of 6,000 fewer trees. The end result has been a growing frustration level with the tree trimming service level and has led to an increased number of tree trimming and removal requests, or worse, illegal tree removals. Time that the Urban Forester would normally devote to tree removal requests has been consumed by tree trimming inquiries, requests, and major reforestation projects. Summary Staff opines that the current City G -1 Tree Policy, while not perfect, is an excellent framework to manage the urban forest. With some new minor changes in the Policy related to removal and reforestation of City trees and a common sense approach to the interpretation of the requirements; residents and business owners would be better served, controversies over individual tree problems resolved at staff level, response to requests improved, and overall City costs would be lowered. Staff could present those minor policy changes to the PB &R Commission at their next monthly meeting as the first step in a public review process before returning the matter to the Council. • Of a more immediate nature would be the consideration of a FY 99 -00 Budget Check list item for $50K to 100K to address the tree maintenance service level problem. Very respectfully, David E. Niederhaus DEN /mhl Attachments: A. Council Policy G -1 B. City Council Agenda Item No. 22, dated August 10, 1998 C. City Tree Removal Process Flow Chart 0 0 G -1 0 RETENTION OR REMOVAL OF CITY TREES The purpose of this policy is to establish definitive standards for the retention, removal, maintenance, reforestation, and supplemental trimming of City trees. City street trees are an important part of the character and charm of certain communities and regular care, trimming, maintenance and programmed replacement are necessary to preserve this charm while protecting public and private property. SPECIAL CITY TREES It is the City's policy to retain City trees categorized as landmark, dedicated, or neighborhood trees, which contribute to and give character to an entire neighborhood. Landmark, dedicated, and neighborhood trees are identified on Attachment 1, and shall hereinafter be referred to as Special Trees. Trees within these categories shall be established, mapped, recorded and maintained by the Parks, Beaches & Recreation Commission ( "Commission "). Special Trees shall be retained, unless there are exceptional problems which require their removal. Prior to consideration for removal of Special Trees, the General Services Director, or designee, shall prepare a report identifying and implementing specific treatment to retain the tree(s). If specific treatment is unsuccessful in retaining a tree(s) then a full report shall be made to the Commission before any further action considering removal is taken. Prior to any removal of Special Trees, the City must comply with the noticing provisions of the Removal of City Trees section set forth in this policy. During normal sidewalk, curb, and street repair activity requiring root pruning, all steps will be taken to retain Special Trees. If tree roots are to be pruned in association with hardscape improvements, sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both .sides of a tree's root are to be pruned, one side should be pruned a year in advance of the other side. ALL OTHER CITY TREES It is the City's policy to retain all other City trees unless removal is necessary for one of the following reasons: 1 0 Attachment A G -1 A. The City tree has had a history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, or foundations based on City records or other competent and reliable authority despite specific treatment by the City to alleviate repeated damage. B. The City tree has had a repeated history of interfering with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage. C. The City tree is dead, diseased, or dying. D. The tree(s) must comply with the criteria for reforestation as contained in the Reforestation of City Trees section of this policy. E. The tree(s) have been requested to be removed in conjunction with a City Council- approved neighborhood or community association beautification program. REMOVAL OF CITY TREES The initiation to remove any City tree may be made by the General Services Department, Public Works Department, a legally established community association, or a private property owner by making application with the General Services Director. 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 above for consideration for removal. Simultaneously, a notice shall be provided to the affected property owner and the owners immediately adjacent to the applicant's property and the appropriate community association if applicable. The Urban Forester shall determine whether in his /her judgment additional specific treatment can be initiated to retain the tree. If a tree(s) is to be removed, the tree(s) will be marked at least 30 days prior to the removal with a white X (using temporary paint) and posted 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 Park and Tree Superintendent to the General Services Director and the General Services Director or designee concurs, then the applicant, the adjoining owners, and the community association if applicable shall be notified of the decision to remove or retain the tree within 30 days of the proposed removal. The General Services Director, or his designee, shall report at a regularly scheduled PB &R Commission meeting of all trees 2 G -1 recommended for removal using the Trees Division Activities Report, except for those trees categorized in paragraph 3 in the preceding section on All Other City Trees. An applicant, an adjoining property owner, or any interested party may appeal the decision of the General Services Director to the Commission, and if the appeal cannot be resolved at the Commission level, then the final resolution will be determined at the City Council level. The Commission and Council, 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). An appeal to the Council regarding a Commission tree decision must be received by the General Services Department no later than 14 calendar days following the date of the Commission decision. The General Services Department will delay any tree removals until the appeal period has expired or until the Council has acted upon the appeal. REFORESTATION OF CITY TREES 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 create significant problems in curb, gutter, sidewalk or underground utilities. In certain neighborhoods, mature 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. Today, arborists have developed lists of tree species which are able to grow in restricted parkway areas without causing significant future problems to curb, gutter, sidewalk, utilities or views. The concept of systematically replacing mature trees which are creating hardscape and /or view problems and cannot be properly trimmed, pruned or modified to alleviate the problems they create, or those which are reaching their full life and are declining in health, is referred to as reforestation. As a City which understands the importance of trees and the beauty it brings 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 should expeditiously replace them with the appropriate designated City tree. Reforestation may also be initiated by residents utilizing the process outlined below. The City shall require the proper care and watering of replacement trees to ensure their proper growth and development as outlined in City Council Policy G -6. Furthermore, no person shall tamper with replacement trees in violation of Section 13.08.040 of the Municipal Code. E G -1 Individuals or parties desiring to reforest City trees in their respective area, may submit a request to the General Services Director for consideration by the Commission that meets the following requirements: A. The proposed area must have clearly defined contiguous boundaries that include the trees proposed for removal and replacement, street addresses, block numbers, or other geographical information. B. Residential communities, neighborhoods or business organizations must submit a petition signed by a minimum of 60% of the property owners within the area defined for reforestation. A neighborhood is defined for the purposes of this policy as ten or more homes in any given area of the City. As an alternative, areas represented by a legally established community association empowered with CC & R's, may submit a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the community association have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. C. A written agreement by the petitioning sponsor to pay 100% of the costs of the removal and replacement of the public trees 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. D. The replacement tree must be the designated street tree as prescribed by City Council Policy G-6, or the organization must request and have approval from the Commission of the designation of a different tree species. E. 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" box trees. In the event that the Parks, Beaches and Recreation Commission does not approve the reforestation request, the applicant has the option to appeal the proposal to the City Council. The applicant shall have ten (10) calendar days to appeal the decision of the Commission, by letter, to the General Services Director. The General Services Director shall submit the appeal to the City Council for review within thirty (30) days of receipt of the appeal. 4 G -1 TREE TRIMMING STANDARDS /SUPPLEMENTAL TRIMMING The City Council has adopted tree trimming cycles for trees of different ages and species. The current tree trimming cycles and trimming standards represent the maximum feasible frequency and extent of trimming given current fiscal conditions. Except as provided in this Section, trimming shall be in accordance with the standards of the International Society of Arboriculture (ISA). 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 residents or the board of a legally established community association and the request is accompanied by a completed "Supplemental Tree Trimming Form" and full payment. 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 in areas with an active homeowners' association. [Attachment 1- Preservation of Special Trees] [Attachment 2- Tree Inspection Report] Adopted - May 9,1966 Amended - August 14,1967 Amended - November 9,1976 Amended - November 12, 1985 Amended -November 28,1988 Amended - March 14,1994 Formerly I -9 Amended — April 11, 1994 Amended — February 26,1996 Amended — July 14,1997 Amended (Administratively) — November 24,1997 Amended - August 10, 1998 5 E 0 PRESERVATION OF SPECIAL TREES G -1 LANDMARK TREES Balboa Library Eucalyptus globulus Balboa Library Phoenix canariensis West Jetty (near Historical Marker) Phoenix canariensis Dover Drive at Westcliff Liquidambar styraciflua 400 block Poinsettia Eucalyptus corynocalyx Ocean Blvd. Corona del Mar Phoneix canariensis Westcliff & Dover (Groves) Eucalyptus globulus Main Street (between East Bay Ficus nitida Ave. and Balboa Blvd.) DEDICATED TREES No. Mariners Park (Marcie Schrouder) Pinus radiata Mariners Park (Frank Tallman) Pinus radiata No. City Hall grounds (Billy Covert) Ficus benjamina City Hall grounds (Walter Knott) Pinus halepensis City Hall grounds (Calif. Bicentennial) Pinus halepensis Las Arenas Park (Ed Healy) Melaleuca linarifolia Mariners Park (Isy Pease) Pinus halepensis City Hall grounds (U.S. Bicentennial Freedom Tree) Harpephyllum caffrum Buffalo Hills Park (Bahia Community Earth Day Celebration) Erythrina caffra Peninsula Park (Gray Lunde Memorial Tree) Chamaerops humilis Cliff Drive Park Quercus agrifolia (Gary Lovell) Begonia Park Prunus cerasifera (Cheryl Bailey Ringwald) Castaways Park Quercus agrifolia (Jan Vandersloot) Peninsula Park Ravenea rivularis (Don Perdue) Grant Howald Park Metrosideros excelsus 1 (Pete Munro) 2 (Mark Munro) 0 Attachment 1 Adopted — May 9,1966 Amended — November 9,1976 Amended — November 28,1988 Amended — October, 1993 Amended —July 14,1997 Amended —January 25,1999 Attachment 1 2 0 G -1 . DEDICATED TREES (contd.) Veterans Park Lagenstroemia (Rosemary Rae Hill Hansen) indica faueri Mariners Park Stenocarpus (N. Beach Sunrise Rotary Club) sinuatus (Christopher & Marisha Thomposn) Pinus eldarica (Meghan & Camielle Thompson) Pinus eldarica NEIGHBORHOOD TREES Parkway in Shorecliffs Erythrina caffra Marguerite Avenue Phoenix canariensis Goldenrod Avenue Washington robusta Dover Drive (Mariners to Irvine) Eucalyptus globulus 15th Street (Newport Heights) Eucalyptus cladocalyx Irvine Avenue Median Eucalyptus globulus Holiday between Irvine & Tustin Eucalyptus globulus Along Avon Avenue Eucalyptus globulus Via Lido Bridge Eucalyptus globulus Marine Avenue (Balboa Island) Eucalyptus rudis Seaview Avenue (Corona del Mar) Pinus radiata . Poppy Avenue (Corona del Mar) Eucalyptus rudis Heliotrope Avenue (Corona del Mar) Pinus radiata Candlestick Lane, etc. (Baycrest) Eucalyptus citriodora Commodore Eucalyptus citriodora Starlight Eucalyptus citriodora Glenwood Eucalyptus citriodora Candlestick Eucalyptus citriodora Sandalwood Eucalyptus citriodora Adopted — May 9,1966 Amended — November 9,1976 Amended — November 28,1988 Amended — October, 1993 Amended —July 14,1997 Amended —January 25,1999 Attachment 1 2 0 • Oachment 2 CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT I0hTMW Address Phone Number Request Botanical Name Common Name Designated Street Tree Estimated Tree Value Damage Parkway: Concrete Brick _Turf _Other Comments Inspected by Recommendation Reviewed Date Date G -1 1 City Council Agenda . Item No. 22 August 10, 1998 TO: Mayor and City Council FROM: General Services Director SUBJECT: Council Policy G -I (Retention or Removal of City Trees) Recommendation Adopt the amendments to the attached G -1 Policy as recommended by the Parks, Beaches, and Recreation Commission. History The G -1 Policy was originally adopted in 1966 as a means of providing procedures related to the retention or removal of City trees. After a lengthy study during 1996 -97, that included extensive input from citizens, community associations, and environmental groups, the Policy was rewritten by staff, reviewed by the Commission, and approved by Council in July 1997. During the past several months, staff, including the City Manager, have met with various concerned parties regarding the tree policy issues that have developed over the past year. Minor issues have been analyzed and resulted in the recommendation of minor changes to the Policy. Each issue that surfaced has been thoroughly researched by staff and resolved as appropriate. As required by City policy, changes were initially referred to the Parks, Beaches, and Recreation Commission. The Commission appointed a Tree Committee comprised of Chairman Pat Beek and Commissioners Val Skoro and Tom Tobin who reviewed the attached Policy with staff on July 16 before directing staff to place it on the Commission agenda. On August 4, 1998 the Parks, Beaches, and Recreation Commission, at their normal monthly meeting, reviewed the attached amendments, accepted public comments, and forwarded the attached amended Policy to Council for review and approval. The proposed Policy is annotated in the standard form: i.e. underlined items represent • additions, and strikeauts represent deletions to the current Policy. Attachment B . Discussion Two citizens' groups have provided their recommendations regarding this matter: one, a tree advocacy group led by Dr. Jan Vandersloot, and two, the Community Associations Alliance, a group of associations primarily interested in the reforestation policy and supplemental tree trimming procedures. Although not all of the citizens' groups recommendations were included in the final recommendation, each will be addressed in this report. Recommended Policy Changes The following policy changes were accepted by the Parks Beaches and Recreation Commission. Public comments concerning these changes were favorable at the Commission public hearing of August 4. Each. of the following recommendations are included in the attached amended Policy. Page 2: Removal of City Trees The changes recommended by Dr. Vandersloot would improve the public notice process. Staff concurs. .Page 3: Removal of City Trees Dr. Vandersloot recommends a fourteen -day appeal period before any tree removal approved by the Parks, Beaches and Recreation Commission occurs. This could result in a minimum of forty-four to sixty days before a routine tree removal could be scheduled. Staff has no objections to lengthening the appeal process. Page 4: Reforestation of City Trees The reforestation applicant would have an appeal option to the Council if the Commission did not approve a reforestation request. Approval of this amendment would allow the applicant a second opportunity for approval. Staff concurs. Page S: Tree Trimming Standards I Supplemental Trimming The requirement for a completed trimming request and full payment in advance will ensure a more orderly process for staff. Additionally, an individual member of a community association must obtain an association endorsement for supplemental tree trimming when an association is active in community matters. The latter ensures that active associations are kept informed of individual member requests. Staff concurs. Further Public Comments Several recommendations of the general public were not approved by the Parks, Beaches and Recreation Commission. These are explained in detail by reference to the page number of the attached Policy to ensure the Council is knowledgeable of all related Policy issues. Fos Removal of City Trees. Paze 2. second paragraph • Dr. Vandersloot has proposed that the notice of a proposed tree removal be revised to commence thirty days prior to a Commission meeting rather than as the current Policy language which allows the period to start from the date that the tree removal report is completed and a removal warning sign is placed on the tree. The Commissioners' reasoning in retaining the current policy language is that all proposed tree removals (except dead or diseased trees) are included in the regular Commission agenda report. Dr. Vandersloot may object to any staff tree removal recommendation at a Commission meeting. Further, a proposed amendment to the current policy would allow an additional fourteen days to appeal any Parks, Beaches, and Recreation Commission removal approval. Staff opines that the available time periods provide ample opportunity for Dr. Vandersloot to evaluate any proposed tree removals or appeal a removal request if he needs additional time for consideration. Reforestation: of Cih, Trees. Page 4. paragraph b. Elaine Linhoff has proposed additional language to the last sentence of paragraph b as follows: b. Residential communities, neighborhoods or business organizations must submit a petition signed by a minimum of 60% of the property owners within the area defined for reforestation. A neighborhood is defined, for the purposes of this policy, as ten or more homes in any given area of the City. As an alternative, areas represented by a legally established community association empowered with CC &R's may submit a resolution of the Board of Directors formally requesting reforestation with a dated cry of the notification sent to members and a list of members who received notification. Members must have been given an appropriate opportunity: to respond before the board voted on the request. Staff does not concur with the underlined recommendation in that sufficient evidence would be provided by an association board of directors under the guidelines of the proposed tree Policy. Appeal of Reforestation Approval. Page 4. Currently the Policy provides for an appeal by the applicant to the City Council if an applicant's request for reforestation is denied by the Parks, Beaches, and Recreation Commission. The proposed amendment included in the recommendation provides for time limits for the appeal and the appeal process. Dr. Vandersloot proposes that any reforestation approved by the Parks, Beaches, and Recreation Commission may be appealed by "any interested party" within fourteen calendar days of the Commission action. Reforestation applicants generally will be community associations that agree in their application to sponsor a reforestation project. Since reforestation requests are associated with a small community, wherein the parkway trees primarily affect the residents as applicants, and the applicants are funding the removal and replacement of each tree, the Parks, Beaches, and Recreation Commission declined to expand appeal rights to "any interested party ". Their reasoning was that although City trees, which are owned by all residents, were being reforested, the matter was a community decision that directly affected only the applicants. Supplemental Tree Trimming Procedures The current Policy permits the development of supplementary tree trimming procedures by staff. Several changes have also been proposed for the current Procedures as a result of meetings with the Community Association Alliance. A draft of these Procedures, which are separate from the Policy and were prepared by the General Services Department Staff, is attached for your review. Council does not have to act on these changes. Approval of the various items by staff would improve the supplemental tree trimming service and facilitate staff work. Attachment C is a revised Supplemental Tree Trimming form that will facilitate better coordination of supplemental tree trimming. Neither Attachment B nor C are part of the G -1 Policy, but are authorized by the Policy for development by myself for management purposes. Staff has provided Attachments B and C to illustrate the steps being taken to improve supplemental tree trimming procedures. Summary Staff has carefully reviewed and consolidated appropriate tree policy changes with the various groups and individuals with the objective of improving the current Policy. Very respectfully, David E. Niederhaus DEN /me Attachments: (A) Proposed Council Policy G -1 (B) Draft Supplemental Tree Trimming Procedures (C) Supplemental Tree Trimming Form k G -1 RETENTION OR REMOVAL OF CITY TREES • The purpose of this policy is to establish definitive standards for the retention, removal, maintenance, reforestation, and supplemental trimming of City trees. City street trees are an important part of the character and charm of certain communities and regular care, trimming, maintenance and programmed replacement are necessary to preserve this charm while protecting public and private property. SPECIAL CITY TREES It is the City's policy to retain City trees categorized as landmark, dedicated, or neighborhood trees which contribute to and give character to an entire neighborhood. Landmark, dedicated, and neighborhood trees are identified on Attachment 1, and shall hereinafter be referred to as Special Trees. Trees within these categories shall be established, mapped, recorded and maintained by the Parks, Beaches and Recreation Commission ( "Commission "). Special Trees shall be retained, unless there are exceptional problems which require their removal. Prior to consideration for removal of Special Trees, the General Services Director, or designee, shall prepare a report identifying and implementing specific treatment to retain the tree(s). If specific treatment is unsuccessful in retaining a tree(s) then a full report shall be made to the Commission before any further action considering removal is taken. Prior to any removal of Special Trees, the City must comply with the noticing provisions of the Removal of City Trees section set forth in this policy. During normal sidewalk, curb, and street repair activity requiring root pruning, all steps will be taken to retain Special Trees. If tree roots are to be pruned in association with hardscape improvements, sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both sides of a tree's root are to be pruned, one side should be pruned a year in advance of the other side. ALL OTHER CITY TREES It is the City's policy to retain all other City trees unless removal is necessary for one of the following reasons: 0 Attachment A G -1 1. The City tree has had a history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, or foundations based on City records or other competent and reliable authority despite specific treatment by the City to alleviate repeated damage. 2. The City tree has had a repeated history of interfering with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage. 3. The City tree is dead, diseased, or dying. 4. The tree(s) must comply with the criteria for reforestation as contained in the Reforestation of City Trees section of this policy. 5. The tree(s) have been requested to be removed in conjunction with a City Council- approved neighborhood or community association beautification program. REMOVAL OF CITY TREES The initiation to remove any City tree may be made by the General Services Department, Public Works Department, a legally established community association, or a private property owner by making application with the General Services Director. 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 above for consideration for removal. Simultaneously, a notice shall be provided to the affected property owner and the owners immediately adjacent to the applicant's property, and the appropriate community association if applicable. The Urban Forester shall determine whether in his/her judgment additional specific treatment can be initiated to retain the tree. If a tree(s) is to be removed, the tree(s) will be marked at least 30 days prior to the removal with a white X (using ten:porarti paint ) and posted with a sin Yrolifying the public that they have the right of appeal. The sign shall also note a staff contact. in ordef te notify-the Elie - Merge. Once a recommendation is made by the Urban Forester and the Park and Tree Superintendent to the General Services Director, and the General Services Director or designee concurs, then the applicant, the adjoining owners, and the community association, if applicable, shall be notified of the decision to remove or retain the tree within 30 days of the proposed removal. The General Services Director, or his designee, shall report at a regularly scheduled PB &R Commission meeting of all trees recommended for removal using the Trees Division Activities Report, except for those trees categorized in paragraph 3 in the preceding section on All Other City Trees. An applicant, an adjoining property 2 0 G -1 owner, or any interested party may appeal the decision of the General Services Director to the Commission, and if the appeal cannot be resolved at the Commission level, then the final resolution will be determined at the City Council level. The Commission and Council, 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). An anneal to the Council regarding a Commission tree decision must be received by the General Services Department no later than 14 calendar days following the date of the Commission decision. The General Services Department will delay any tree removals until the appeal period has expired or until the Council has acted upon the appeal. REFORESTATION OF CITY TREES 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 create significant problems in curb, gutter, sidewalk or underground utilities. In certain neighborhoods, mature 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. Today, arborists have developed lists of tree species which are able to grow in restricted parkway areas without causing significant future problems to curb, gutter, sidewalk, utilities or views. The concept of systematically replacing mature trees which are creating hardscape and/or view problems and cannot be properly trimmed, pruned or modified to alleviate the problems they create, or those which are reaching their full life and are declining in health, is referred to as reforestation. As a City which understands the importance of trees and the beauty it brings 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 should expeditiously replace them with the appropriate designated City tree. Reforestation may also be initiated by residents utilizing the process outlined below. The City shall require the proper care and watering of replacement trees to ensure their proper growth and development as outlined in City Council Policy G- 6. Furthermore, no person shall tamper with replacement trees in violation of Section 13.08.040 of the Municipal Code. Individuals or parties desiring to reforest City trees in their respective area, may submit a request to the General Services Director for consideration by the Commission that meets the following requirements: 9 a. The proposed area must have clearly defined contiguous boundaries that include the trees proposed, for removal and 3 0 G -1 replacement, street addresses, block numbers, or other geographical information. b. Residential communities, neighborhoods or business organizations must submit a petition signed by a minimum of 60% of the property owners within the area defined for reforestation. A neighborhood is defined for the purposes of this policy as ten or more homes in any given area of the City. As an alternative, areas represented by a legally established community association empowered with CC & R's, may submit resolution of the Board of Directors formally requesting reforestation with a statement that all members of the community association have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. C. A written agreement by the petitioning sponsor to pay 100% of the costs of the removal and replacement of the public trees 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. d. The replacement tree must be the designated street tree as prescribed by City Council Policy G -6 or the organization must request and have approval from the Commission of the designation of a different tree species. e. 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" box trees. In the event that the Parks, Beaches and Recreation Commission does not approve the reforestation request, the applicant has the option to appeal the proposal to the City Council. The applicant shall have ten calendar days to appeal the decision of the Commission. by letter, to the General Services Director. The General Services Director shall submit the anal to the City Council for review within 30 days of receipt of the appeal. TREE TRIMMING STANDARDS /SUPPLEMENTAL TRIMMING The City Council has adopted tree trimming cycles for trees of different ages and species. The current tree trimming cycles and trimming standards represent the maximum feasible frequency and extent of trimming given current fiscal 4 % G -1 The City Council has adopted tree trimming cycles for trees of different ages and . species. The current tree trimming cycles and trimming standards represent the maximum feasible frequency and extent of trimming given current fiscal conditions. Except as provided in this Section, trimming shall be in accordance with the standards of the International Society of Aboriculture (ISA). 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 residents or the board of a legally established community association and the request is accompanied by a completed "Supplemental Tree Trimming Form" and full pavment eemmitment to fully 'e" burse the City for any costs of trimming. The General Services Director shall establish procedures to implement the supplemental trimming provisions of this Policy. An agproval must be obtained from a legally established association by the requestor in areas with an active homeowners' association. Note: (Attachment 1— Preservation of Special Trees) (Attachment 2 — Tree Inspection Report) Adopted —May 9, 1966 Amended —March 14, 1994 Amended —August 14, 1967 Amended — April 11, 1994 Amended — November 9,1976 Amended — February 26, 1996 Amended — November 12, 1985 Amended — July 14,1997 Amended — November 28, 1988 Amended (Administratively) — Nov. 24, 1997 0 5 0 0 G -1 PRESERVATION OF SPECIAL TREES LANDMARK TREES Balboa Library Eucalyptus globulus Balboa Library Phoenix canariensis West Jetty (near Historical Marker) Phoenix canariensis Dover Drive at Westcliff 400 block Poinsettia Ocean Blvd. Corona del Mar Westcliff & Dover (Groves) Main Street (between East Bay Ave. and Balboa Blvd.) DEDICATED TREES No. Mariners Park (Marcie Schrouder) Mariners Park (Frank Tallman) No. City Hall grounds (Billy Covert) City Hall grounds (Walter Knott) City Hall grounds (Calif. Bicentennial) Las Arenas Park (Ed Healy) Mariners Park (Isy Pease) Liquidambar styraciflua Eucalyptus corynocalyx Phoneix canariensis Eucalyptus globulus Ficus nitida Pinus radiata Pinus radiata Ficus benjamina Pinus halepensis Pinus halepensis Melaleuca linarifolia Pinus halepensis City Hall grounds (U.S. Bicentennial Freedom Tree) Harpephyllum caffrum Buffalo Hills Park (Bahia Community Earth Day Celebration) Erythrina caffra Peninsula Park (Gray Lunde Memorial Tree) Chamaerops humilis NEIGHBORHOOD TREES Parkway in Shorecliffs Marguerite Avenue Goldenrod Avenue Dover Drive (Mariners to Irvine) 15th Street (Newport Heights) Irvine Avenue Median Holiday between Irvine & Tustin Along Avon Avenue Via Lido Bridge Marine Avenue (Balboa Island) Seaview Avenue (Corona del Mar) Poppy Avenue (Corona del Mar) Heliotrope Avenue (Corona del Mar) Erythrina caffra Phoenix canariensis Washington robusta Eucalyptus globulus Eucalyptus cladocalyx Eucalyptus globulus Eucalyptus globulus Eucalyptus globulus Eucalyptus globulus Eucalyptus rudis Pinus radiata Eucalyptus rudis Pinus radiata Attachment 1 Candlestick Lane, etc. (Baycrest) Commodore Starlight Glenwood Candlestick Sandalwood Adopted - May 9, 1966 Amended - November 9, 1976 Amended - November 28, 1988 Amended - October /1993 Amended — July 14, 1997 Eucalyptus citriodora Eucalyptus citriodora Eucalyptus citriodora Eucalyptus citriodora Eucalyptus citriodora Eucalyptus citriodora G -1 0 0 0 CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT Name Address Phone Number Request Botanical Name _ Common Name _ Designated Street Tree Estimated Tree Value Damage 0 Parkway: Concrete _Brick _Turf _Other Comments Inspected by Recommendation Reviewed by Date Date G -1 Attachment 2 l� CITY COUNCIL POLICY G -1 Supplemental Tree Trimming Procedures Applicants Pfepef4y-ewner$, per the policy, have the option to have City trees, in their parkway, trimmed by incurring the costs of such services per the following procedures: A re uest letter and completed 'Wu pplemental Tree Trimming Form" must be submitted to the Urban Forester by the property owner or the board of a legally established community association specifying the number of City trees to be trimmed and the location of each tree by address. The cost of supplemental tree trimming will be $39 for each tree. Additionally, a check made payable to the City of Newport Beach must be included in the letter. After the tree trimming request has been verified by a site visit, the trimming will be scheduled by the Urban Forester, normally within 60 days. The Urban Forester will group multiple requests in a geographic area prior to scheduling supplemental tree trimming. A pre -trim meeting will be scheduled on site by staff and the City tree trimming contractor with an association board representative to ensure detailed directions are given to the City contractor. Pre -trim meetings will not be scheduled for individual tree trimming requests not related to an association request. However, tree trimming instructions may be sumbitted on the attached form. mod- 3. Supplemental tree trimming shall be in accordance with the standards of the International Society of Arboriculture (ISA) or with standards applied to particular area prior to the adoption of the ISA standards in the City. These standards may include practices to enhance public and private views as necessary. All supplemental trimming will be performed by the City tree trimming contractor, West Coast Arborists, with the supervision of the Urban Forester. - Attachment B 0 SUPPLEMENTAL TREE TRIMMING FORM APPLICANT COMMUNITY ASSOCIATION NAME: (Conununity Association or Individual) Date: Please fill in the information requested below and return this form to the attention of John Conway, Urban Forester, City of Newport Beach, General Services Department, 3300 Newport Beach, California 92658 -8915, with a check(s) payable to the City of Newport Beach in the amount of $39.00 per tree. If the applicant resides in a community with an active homeowners' association, an efidefseffient approval from the association must be received as well. Property Owners Name, Address, Phone: Address where tree(s) is /are located: If the tree(s) requested for trimming is not located in front of property owner's address, acknowledge notice given to the property owner closest to the tree by initialing: Yes No Trimming Instructions: Community Association Approval: Number of trees to be trimmed: Amount enclosed: Date received by the City: Note: The City will notify the property owner of the date of trimming, og wever_a specific time of day cannot be set. Attachment C Newport Beach City Council R E C E IV E D August 5, 1998 3300 Newport Blvd. Newport Beach CA 92663 •98 AUG —5 P 3 :41 Re: G -1 Policy OFFICE Of THE CITY CLERK CITY FF r.' ;POT n H Dear Mayor Edwards and members o�the my ounc The G -1 Policy that was adopted about a year ago after much debate and compromises is coming before you again for minor changes. During the year, some deficiences have appeared that need to be corrected. General Services staff met with two groups who are interested in trees and Dave Niederhaus incorporated some suggestions (but not all) in his presentation to the PBR Commission. The Commission approved his draft without discussing changes that were presented at the PBR meeting. One change I propose is as follows: REFORESTATION b . .......... CC&R's, may submit resolution of the Board of Directors formally requesting reforestation with a dated copy of the notification sent to members and a list of to whom the notification was sent. Members must have been given an appropriate opportunity to respond before the Board voted on the request. According to Yvonne Housels of Harbor View Homes, that kind of information was given to the General Services Dept. for the first reforestation project. I think if those directions were included in the policy it would make it easier for a group wanting to reforest, and also prevent any accusations after the fact wherein people might say they were not informed. Also, since (according to the City Attorney's office) any decision of the Conunission can be appealed to the City Council, the last paragraph in section REFORESTATION should be deleted because it is redundant. If it is left in, then the right of any interested person to appeal should be included. Sincerely, Elaine Linhoff 1760 E. Ocean Blvd. Balboa CA 92661 Phone: 949-673-8037 0 City Tree Removal Process Request Initiated by Staff or Other Party Evaluation and Written Report Completed by Urban Forester IEvaluation by Park and I Tree Superintendent Removal Approved or Disapproved by the General Services Director If removal is disapproved... (Note 1) If removal is approved... (Note 1) Requesting Party is Informed of Disapproval of Removal and Right to Appeal IParty May Appeal to the I P. B. & R Commission If removal is disapproved by the P, B, & R Commission Party May Appeal to the City Council Tree is Removed Following 30 day Posting Period Removal May be Appealed by Any Interested Party to the P,B, & R Commission If removal is approved by the P, B, & R Commission Party May Appeal to the City Council Notes: 1. Notice sent to affected property owner, adjacent property owners, and community association (if applicable) 2. Above procedures in accordance with Council Policy G -1 0 3. Removal request may take 30 -90 days for approval under normal circumstances 4. The majority of removal approvals or disapprovals are appealed to the PB &R Commission Prepared by General Services Department June 16,1999 Attachment C JUN 26 '99 09:2s RCN YEO• =P! PRCHiT. P.1 "RECEIVED AHER AGENDA PRINTED." #12q b-W91 RON YEO, FAIA ARCHITECT, INC. 500 JASMINE AVENUE CORONA DEL MAR, CALIFORNIA 92625 PHONE: (949) 6446111 FAX: (949) 644.0449 FAX MEMO TO: Honorable Mayor Dennis (YNeil City Council Fax Number. 949) 844 -3039 FROM: Ron Yeo DATE: June 28, 1999 RE: Corona del Mar Tree Removal Policy Topic for Tonight's Council Meeting CC: Royal, CdM Chamber of Commerce NUMBER OF PAGES INCLUDING THIS ONE: ] Honorable Mayor Dennis ONeil and City Council, 1 understand that the City Staff is going to give a report on changing the tree policy within the City. Please do not modify the tree ordinance without careful thought and community input . The City is slowly, but surely, removing the fabric of our community with tree genocide. Please direct your staff to be consistent with our community's desires. We seem to have entirely different goals. Thank you. Ron Yeo