HomeMy WebLinkAbout17 - City Tree Ordinances and PoliciesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 17
March 11, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Homer Bludau, City Manager
644 -3000, hbludau @city.newport- beach.ca.us
SUBJECT: Potential Revisions to City Tree Ordinances and Policies
ISSUES:
1. Should a committee be established to work on revisions and, if so, how should it
be constituted?
2. Does the Council have any tree related issues it believes should be addressed in
any potential revision to the City's ordinances and policies regarding City trees?
RECOMMENDATION:
Provide direction to staff regarding the establishment of a committee and tree issues
needing to be addressed.
DISCUSSION:
Background:
Balboa Arbor Society Settlement Agreement
In December, 2002 the City Council approved a settlement agreement with the Balboa
Arbor Society (BAS) that included the City's agreement to consider appointing a
committee to conduct a systematic review of City Council Policy G -1 and ordinances
with respect to the preservation and removal of City trees. We agreed to bring the item
to the Council for discussion by the second meeting in February 2003. The agreement
retains the City Council's full discretion over how they may or may not amend City
policies and ordinances. However, we did agree that any committee that was appointed
would include members of the public and could include an invitation to members of BAS
residing in the City to apply for appointment to the committee. The City Attorney has
Potential Revisions to City Tree Ordinances and Policies
March 11, 2003
Page 2
also offered the BAS attorney the opportunity to submit to the Council BAS' concerns
about the existing trees policies and ordinances.
Existing Ordinance and Policy Provisions
The City's existing policies and regulations regarding City trees are found in a number
of documents, as outlined below.
Municipal Code
Chapter 13.08 (Plantings)
Official tree list, tampering, prohibited activities
Chapter 13.09 (Parkway Trees)
City tree planting requirements related to private improvements
City Council Policies
1. G -1 (Retention and Removal of City Trees)
Special trees, removal process, reforestation, trimming standards, supplemental
trimming
2. G -3 (Preservation of Views)
Excessive plant growth obstructing views
3. G -6 (Maintenance and Planting of Parkway Trees)
Designated Street Tree List, planting standards and specifications, root barrier
requirements
4. L -2 (Driveway Approaches)
Tree removals related to private driveway construction
5. L -6 (Private Encroachments in Public Right -of -Way)
Tree removals and replanting
Analysis:
Staff has reviewed the ordinances and policies listed above, and identifies some issues
which are the types that could be included in a review of the City's ordinances and
policies regarding City trees. There is no need for Council to have a lengthy
discussions on these issues as the Committee should be given some latitude in which
issues it deems necessary to review and address. However, if Council has particular
issues it wants the Committee to review, this would be the time to raise those issues.
Potential Revisions to City Tree Ordinances and Policies
March 11, 2003
Page 3
The discussion of each issue listed below includes a description of the issue and how
an existing ordinance or policy addresses or does not address it.
General Policy Issues
Should Newport Beach have an overriding policy regarding its City trees?
No such policy is written anywhere now, and the development of one could guide efforts
to revise the Municipal Code and City Council Policies. The absence of such a policy
may contribute to some of the inconsistencies between existing regulations that staff
has identified.
Should there be a process and criteria to designate "special trees ?"
City Council Policy G -1 states that, "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." Specific trees in these categories are listed by location in
an attachment to Policy G -1. However, there are no criteria or definitions of the "special
tree' status or the three categories of special trees beyond this one sentence in the
policy. Therefore, it is difficult to know why certain trees are on the list, and therefore
what would be the consequences of losing these trees.
To what extent should the City protect "special trees" and other trees?
The statement in Policy G -1 quoted above indicates that the City should retain "special
trees." However, the policy does not make provision for balancing the value of trees
against City costs and liabilities, except to allow the City Manager to approve removal of
a "special tree' that is considered hazardous or other trees to resolve claims or safety
issues. Is it the City's policy to retain some trees at any cost? Is it appropriate for the
City Manager to have the authority to remove a hazardous "special tree" or any other
trees?
What process should the City follow in considering the removal of "special trees" and
other trees?
Policy G -1 covers this issue to some extent, but the process is not clear. For example,
the General Services Director is required to prepare a report identifying and
implementing specific treatment to retain "special trees' before they are considered for
removal, and then to report to the Parks, Beaches and Recreation Commission if the
treatment is unsuccessful. However, the policy does not provide guidance on how to
use these reports, such as finding that no treatment that would save the trees is
available or financially feasible, or that other City goals may outweigh the value of
"special trees" in some situations.
Potential Revisions to City Tree Ordinances and Policies
March 11, 2003
Page 4
This policy also gives the City Manager the authority to remove even a "special tree" if it
is hazardous. While it may be necessary for the City Manager to be able to make
decisions quickly to protect public safety, perhaps the policy should provide more
guidance, such as defining "hazardous" or adding a claims threshold. It is interesting
that Policy G -1 provides more guidance in determining what is hazardous for other trees
than for "special trees." Because this policy lacks a hierarchical organization, it is not
clear if the criteria given for other trees could also be used for "special trees." The
organization of this policy also results in a lack of clarity regarding whether the
notification and appeal procedures apply to both "special" and other trees.
What should be the replacement standard when City trees are removed?
One section of Policy G -1 provides that "The City will endeavor to replace all trees
removed...," and that replacement trees will be a minimum of 24" boxed size. It is
unclear whether this applies to replacement for both "special" and other trees. In
addition, this standard appears to be inconsistent with the reforestation section of Policy
G -1, Policy G -6 and Chapter 13.09, all of which require 36" boxed size for parkway
trees. The reforestation section is also clear on a one - for -one replacement standard.
Finally, a standard that describes the size of the tree rather than its container may serve
the City better.
What should be the City's policy on "reforestation ?"
Policy G -1 defines reforestation and provides a process for it. However, the policy
leaves a number of.questions unanswered.
• Does the City wish to encourage reforestation or to allow it only under certain
circumstances?
• Is there a difference between reforestation and a "beautification program"
provided for in another section of Policy G -1?
• Can reforestation be initiated by the City, or only by the private, sector?
• Do the reforestation provisions apply to "special trees ?"
How should the City balance between the protection of City trees and views?
City Council Policies G -1 and G -3 provide that the City will consider supplemental
trimming of City trees to enhance both public and private views (at private expense in
the case of private views). Exceptions are "special trees" and trees that enhance the
overall beauty of the area. There is no guidance in determining what trees "enhance
the overall beauty of the area" or who has the authority to make such a determination.
Policy G -1 also provides that reforestation shall be considered if supplemental trimming
has occurred more than twice in a year because of potential injury to the tree(s).
Potential Revisions to City Tree Ordinances and Policies
March 11, 2003
Page 5
Can the City's tree ordinances and polices be consolidated to make them easier to find
and follow, and to help ensure consistency?
The ordinances and policies listed in the Background section of this report were
adopted at various times between 1962 and 2001, and likely were drafted to address
issues in different operational areas as they arose. Staff believes the City can do a
better job of protecting and managing our urban forest if our policies and regulations are
consistent, integrated and easy to locate.
Private Development Issues
What should be the process for removal of City trees to accommodate private
development?
City Council Polices G -1, L -2 and L -6 address tree removal in an inconsistent manner.
While Policy G -1 requires a process that includes a tree inspection report, satisfying
criteria for removal, public notice, notification to the Parks, Beaches and Recreation
Commission and a thirty -day waiting period, Policy L -2 allows the General Services
Director to approve removal of a street tree if required by construction of a private
driveway, and L -6 requires an encroachment permit or agreement. Because there is no
cross reference among the policies, staffs practice for many years has been to follow
only the L -2 and L -6 process in a driveway construction situation. When this came to
my attention recently, I directed staff to follow the G -1 procedures for the removal of all
City street trees.
If the City Council wishes to provide a more streamlined process for private construction
(Staff believes this will encourage compliance and discourage illegal tree removals.),
this should be clear in our regulations. Regardless of the process, staff suggests that
consideration be given to the following:
• More rigorous review process for larger developments than for individual single -
family houses.
• Requirement for a licensed survey that shows the exact location of all trees (City
and private) on a proposed development site.
• Requirement to locate driveways to avoid City street trees when possible.
• Requirements to protect City trees during construction.
• Stronger enforcement of tree preservation requirements, including higher
penalties for damaging or removing City trees without approval.
Process
As noted earlier, staff suggests some consolidation of the City's ordinances and policies
regarding City trees. There may still be a need for some issues to be covered in
Potential Revisions to City Tree Ordinances and Policies
March 11, 2003
Page 6
ordinance and some, perhaps more detailed issues, in policy. This decision will need to
be made during the process of reviewing existing policies and regulations.
The management of City trees is a sensitive community issue, and staff understands
that reviewing the City's policies and regulations in this regard will require input from
various constituencies, including those interested in protecting trees, those interested in
protecting views, the development community, and the City commissions involved in
reviewing and acting on tree questions (Parks, Beaches and Recreation and possibly
Planning). If the City Council wishes to undertake a comprehensive review of tree
policies and regulations, the City Manager suggests that an ad hoc committee be
formed to assist with this review. In order to begin the development review process, the
City Manager suggests that the Mayor appoint 3 Council Members who will serve on the
Tree Policy Review Committee, and that these 3 members meet in order to formulate a
recommendation to the City Council as to the make -up and number of members the
Tree Policy Review Committee will have.
Environmental Review:
Undertaking a review of policies and regulations is not a project as defined by CEQA.
The future adoption of ordinances or policies may require environmental review.
Submitted by:
-✓ /�A�
H mer Bludatf
City Manager
HARBOR VIEW HILLS COMMUNITY ASSOCIATION
P.O. BOX 54
CORONA DEL MAR, CA 92625
February 20, 2003
City Council of Newport Beach
Mayor Steven Bromberg
3300 Newport Blvd.
Newport Beach, CA 92663
Dear Mayor Bromberg and Council members,
"RECEII ED AFTER VEIDLL
PRINTED:" k
We the residents of Harbor View Hills are very concerned about the City's
plan to revise the tree policy. Of particular concern is the part of the policy
that will inquire into the "balance" between the protection of City trees and
the protection of resident's views. The issue is complicated because if the
City's trees are not trimmed to roof heights in our view neighborhoods, they
could impair our ability to enforce our governing documents.
This issue was the subject of negotiations and legal opinions from all sides
for almost two (2) years just a few years ago. We do not want to be forced
to incur legal costs again to protect our CC &Rs.
If you plan to establish an ad hoc committee to review the tree policy we
respectfully request that you consider appointing a Board member of our
Association.
Sincerely,
Iris Kimmel
President
- T
cc: Board of Directors w
Architectural Committee members - T
N
O
W
TREE CITY USA
BULLETIN
Bulletin No.
James R. Fazio, Edi or
How to Write a
for the
Mends of ]Pee City USA Municipal Tree Ordinance
Tree City USA is a powerful force for the promotion of tree
care and urban forestry. It is a program that has caught the
imagination of citizens, elected officials and urban tree
professionals. Over 1,500 communities now fly the flag of
accomplishment, a composite area that is home to some 71
million Americans.
At the heart of the Tree City USA program are four basic
requirements: The community must have (1) a tree board or
department, (2) an annual community forestry program
backed by the expenditure of at least $2 per capita for trees
and tree care, (3) an annual Arbor Day proclamation and
observance. and (4) a tree care ordinance.
In this special issue of Tree Citv USA Bulletin, sections of a
model ordinance are presented, explained and illustrated
with actual examples. Not every section will be appropriate
to all communities, and there are others in use that are not
included in this general coverage of the topic.
The purpow of tbiz ksno a to In ovrde a starting point for
the thousands of communities that do not have an adequate
tree ordinance. Although an ordinance is only as good as the
administrative program that backs it up— including support
for education and, when necessary, enforcement —a munici-
pal tree ordinance and involvement in the Tree City USA
program are giant strides in the direction of healthier urban
trees and a quality environment.
John Rosenow, Executive Director
The National Arbor Day Foundation
Why a Tree Ordinance?
Ordinances reflect the values of a community. the values
its residents believe are worth protecting to maintain their
quality of life and an environment that is both safe and
pleasant. A community's trees, often called the "urban
forest," are very much the kind of community asset that
deserves to be protected and managed for the common good.
A tree ordinance encourages beautification, air cooling and
purification, noise abatement, property value enhancement
and the other attributes of trees within a city. It also enables
citizens to prevent and control the spread of diseases, to
preserve trees in the path of development, and to avoid
unnecessary costs associated with sewer clogging, sidewalk
replacement and tree- related accidents. An ordinance may
also give force and direction to professional tree care within
the municipality's work force and helps control unscrupulous
or careless operators.
Ordinances vary in length and complexity, but the key to
effectiveness is to write the ordinance simply, clearly and
tailored to the needs of your community. In the end, a tree
ordinance is just another tool for proper tree care. Like any
tool. it needs to be of high quality, matched properly to the
job, and used with skill and care.
Behind the Model Ordinance
The ordinance sections and their descriptions that
follow are based largely on the work of Philip J. Hoefer of
the Colorado State Forest Service. His compilation
resulted in a publication, Municipal Tree Ordinance
Manual, that was developed by the Municipal Arbonsts
and Urban Foresters Society, a special interest group of
the International Society of Arboriculture (ISA). The
manual has been published by ISA and supersedes its
earlier publication, A Standard Municipal Tree Ordi-
nance, that has been widely used since 1972. We grate-
fully acknowledge permission by the author and the
societies to use excerpts from their publication and we
encourage you to obtain a copy of the manual as refer-
enced on page 8.
In its entirety, the manual consists of an introduction.
sections for possible inclusion in an ordinance, three
sample ordinances (one quite short, the other more
comprehensive, and the 1972 standard ordinance), and a
"standards and specifications" section. The latter consists
of detailed guidelines to arboricultural practices such as
planting and pruning, maintenance, removal, landscap-
ing, contracting, and similar activities that are important
in any community forestry program.
A standards and specifications section is recommended
as a separate but companion part of a municipal ordi-
nance. This is because including such a large amount of
detail directly in the ordinance itself is cumbersome and
difficult to change. For greater flexibility it is better to
keep the ordinance brief, but to authorize the designated
forestry body (board, commission or department) to
promulgate rules, regulations, standards and specifica-
tions. These can be published separately and revised as
necessary, but still be subject to final approval by the city
council or other elected officials.
2 • TRF4, CITY USA auoureq No. 9 • N:ne m.d Arhor I%, Pnundaii„u
Importantly, each community has different circum-
stances that need to be addressed in an ordinance and its
accompanying standards and specifications. Use the
model ordinance sections and the ordinances of other
communities as starting points for developing your own
ordinance or to revise one that is not working well, but
add or delete sections to match the unique needs and
circumstances of your community. Be sure to search your
own city codes for any references to trees that may
already exist. Finally, use the services of an attorney to
review or help write all drafts to assure that your final
product is legally sound as well as beneficial to the future
of your community's trees.
"�C t74n..`�•
�.w u
srnyD,�
A workable ordinance Detailed performance standards
should be short. and specifications are best placed
in a separate document.
Suggested Sections for a Tree Ordinance
Although no two tree ordinances will be exactly alike, there are some basic elements that will
help assure that the document is workable and effective. These elements are called sections, and
they are presented here with examples and principles that illustrate why each one is necessary.
I. PURPOSE
PRINCIPLE: An opening statement that clearly sets forth the purpose of
the ordinance will help avoid ambiguity in interpretation. This initial
section is usually capitalized and in bold print.
Example: IT IS THE PURPOSE OF THIS ORDINANCE TO PROMOTE AND
PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL
WELFARE BY PROVIDING FOR THE REGULATION OF THE
PLANTING, MAINTENANCE, AND REMOVAL OF TREES,
SHRUBS, AND OTHER PLANTS WITHIN THE CITY OF .........
II. AUTHORITY AND POWER
PRINCIPLE: Someone within city government must have the clearly
designated authority to administer the provisions of the ordinance. This
section defines. designates, or creates a department, board, commission,
or person responsible for the planting, care and protection of the
city's trees.
Example: There is hereby created and established a City Tree Board for the City
of , which shall consist of five members, citizens and
residents of this city, who shall be appointed by the mayor with the
approval of the city council. Members of the board shall serve without
compensation.
[HOME RULE AUTHORITY: In order to avoid conflicts with state laws
governing trees. a statement transferring regulations to the city may be
necessary. State. county and city laws will explain this process. If needed,
the statement should be added as a section.I
III. TERM OF OFFICE
PRINCIPLE: Reasonable and clearly stated terms of office for volunteer
boards or commissions will help infuse the program with new ideas on a
periodic basis and will help avoid the problems created by obstructionists
with life or long -term tenure. This section defines length of service, a
method for filling vacancies, and the number of consecutive terms i if any)
that can be served. Staggering terms can help assure continuity and
stability.
Example: The term of the five persons to be appointed by the mayor shall be
three years, except that the term of two of the members appointed to
the first board shall be for only one year and the term of two members
of the first board shall be for two years. In the event that a vacancy
shall occur during the term of any member, his or her successor shall
be appointed for the unexpired portion of the term.
A clearly stated purpose
prevents misinterpretation.
A tree ordinance and tree
board or commission usually
go hand in hand. Limited and
staggered terms of office lend
vitality and continuity to
a board. Member diversity
assures a blend of ideas and
broader public support. A
good mix might be one
interested attorney, two green
industry professionals and
two interested residents or
business leaders.
TREE CRY USA RUEEETIN No. 1) . NnmhA Ad,rn Uop . 3
An ordinance must specify what
property it covers, such as...
...along rights -of -way
...in public parks
...in cemeteries.
A license requirement protects both trees
and property owners.
An insurance provision helps protect city
government and unwary home or business
owners who hire someone to do tree work.
4 • TIME<nYUSA UOEEE'rW N..9 • ICnini nA Atlmi [mn F,,..... J,at
IV. APPLICABILITY
PRINCIPLE: This section is needed to make it clear what property is
covered by the ordinance. This usually includes trees on rights -of -way,
public parks. cemeteries, and other public grounds, and sometimes even on
private property.
Example: This ordinance provides full power and authority over all trees, plants
and shrubs located within street rights -of -way, parks and public places
of the city; and to trees, plants and shrubs located on private property
that constitute a hazard or threat as described herein.
V. DEFINITIONS
PRINCIPLE: To prevent misunderstanding. words that may be unfamiliar
to lay citizens should be defined. If a standards and specifications
appendix accompanies the ordinance many arboricultural terms can be
placed there instead of'in this section.
Examples of words or terms to define: arborist, contractor, city forester or city
arborist. tree. public tree, private tree, tree lawn, parkway, right -of -way, .
easement, etc.
VI. LICENSING
PRINCIPLE: One way to protect trees and citizens from irresponsible
companies or individuals who pose as arborists is to require practitioners
to have a license. Conditions for obtaining the license may even require
that the person be a certified arborist. (See Bulletin No. 6.) This section
provides licensing authority and includes details such as fees. frequency
of renewal. testing procedures, types of licenses. suspensions and appeals.
surety bonds. showing identification on equipment. etc.
Example: It shall be unlawful for any person to engage in the business of
planting, cutting, trimming, pruning, removing, spraying. or otherwise
treating trees. shrubs or vines within the City without first producing
evidence of certification /license before the City. (An explanation of
requirements and fees is then presented.)
VII. INSURANCE
PRINCIPLE: Arborists work under dangerous circumstances and around
high value property. Since it is often difficult for homeowners to ascertain
whether property and tree workers are adequately covered, or to insist on
such coverage. a provision in the tree ordinance can easily correct the
situation.
Example: Before any license shall be issued. each applicant shall first file
evidence of possession of worker compensation and liability insurance
in the minimum amounts of $1,000,000 for bodily injury or death and
$100.000 property damage indemnifying the City or any person injured
or damaged resulting from the pursuit of such endeavor as
herein described.
VIII. LANDSCAPING
PRINCIPLE: This section can assure that trees will be a part of new
developments. But planted vegetation can be an asset or a liability —
depending on what is planted and how it is done. This part of the
ordinance can define a process for having new landscape plans reviewed
and approved by the city forester or tree board, with the issuance of
building permits only after such a review.
Example: In new subdivisions or when the development of commercial property
occurs, the city forester shall review landscaping plans and may
require street trees to be planted in any of the streets, parking lots,
parks and other public places abutting lands henceforth developed
and /or subdivided.
IX. TREE PLANTING, MAINTENANCE,
AND REMOVAL
PRINCIPLE: Good tree care and management is possible only if people
have specific information about practices that result in safe, healthy trees
that contribute to a quality environment rather than to creating problems. The
purpose of this section is to provide that information in the form of
requirements. In many ways. it is the heart of a good ordinance. Actually,
the material in this section is best included in a separate standards and
specifications chapter; but placing it directly in the ordinance is an option.
Either way, all specifications should be reviewed at least every five vears,
and should include such specifies as desirable and undesirable tree
species, spacing, pruning techniques, hazardous trees, sight obstruction,
and vandalism.
A good way to clearly specify pruning and other tree work standards is to
follow those established by the National Arborist Association. For specifying
what is expected in planting stock, consult the American Association of
Nurserymen's American Standard for Nursery Stock (See page 8).
Examples:
Tree Species— The Town Tree Board develops and maintains a list of
desirable trees for planting along streets in three size classes: small,
medium and large.
Spacing —The spacing of street trees will be in accordance with the
three species size classes listed in this ordinance, and no trees may be
planted closer together than the following: small trees, 30 feet; medium
trees, 40 feet; and large trees, 50 feet; except in special plantings
designed or approved by a landscape architect.
Utilities— No street trees other than those species listed herein as
small trees may be planted under or within 10 lateral feet of any
overhead utility wire, or over or within 5 lateral feet of any underground
water line, sewer line, transmission line or other utility.
Distance from Curb and Sidewalk— The distance trees may be planted
from curbs or curblines and sidewalks will be in accordance with the
three species size classes listed in Section ___ of this ordinance, and no
trees may be planted closer to any curb or sidewalk than the following:
small trees, 2 feet; medium trees, 3 feet; and large trees, 4 feet.
Topping — It shall be unlawful as a normal practice for any person, firm,
or city department to top any street tree, park tree, or other tree on
public property. Topping is defined as the severe cutting back of limbs
to stubs within the tree's crown to such a degree so as to remove the
normal canopy and disfigure the tree. Trees severely damaged by storms
or other causes, or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from this
ordinance at the determination of the City Tree Board.
Important details of planting and tree care
can be placed in the ordinance or in an
appendix, or, better, in a separate standards
document. Specification examples include...
...suitable species
(I *
L �5- +
MrN. MIN.
...spacing
A, 4' J
MIN • MIN.
...a distance from curb and sidewalk
...and acceptable pruning practices.
'!'ENE OIY CAA Bol_H IN No. 9 • MI m:d .1,hi.r ),V h undx m • 5
X. ADJACENT LANDOWNER RESPONSIBILITY
PRINCIPLE: Quite naturally, homeowners often want to plant trees or do
work on trees that abut their property but are on a public right -of -way.
This section describes a process by which the homeowner can do the
work, but only in accordance with the sound principles of urban forest
management and arboriculture.
Example: No person shall plant, remove, cut above the ground, or disturb any
tree on any street, park, or other public place without first filing an
application and procuring a permit from the city forester. The person
receiving the permit shall abide by the standards set forth in
.— . - -- — -- -- — —� this ordinance.
A rotectio n provision is Important for
safeguarding mature trees and other
existing vegetation from insects,
construction damage or, in some
j cases, removal.
Action by officials is sometimes needed on
private property for purposes of public
safety.
XI. TREE PROTECTION
PRINCIPLE: Protecting existing trees is a major challenge. Therefore, more
and more progressive communities are using this section not only to
prevent insect and disease epidemics, but also to protect trees on both
public and private property from damage during construction. Increasingly,
another use of this section is to identify and protect trees of historic value or
unusual qualities (called landmark trees). Requiring permits for all tree removal
is one way to achieve these goals. Penalties may be established requiring
violators to pay a fine in the amount of the tree's appraised value. Ideally, such
funds will be designated solely for planting more trees.
Example 1:
Upon the discovery of any destructive or communicable disease or
other pestilence which endangers the growth or health of trees, or
threatens to spread disease or insect infestations, the city forester shall
at once cause written notice to be served upon the owner of the
property upon which such diseased or infested tree is situated, and the
notice shall require such property owner to eradicate, remove or
otherwise control such condition within reasonable time to be specified
in such notice.
Example 2:
The following guidelines and standards shall apply to trees proposed (in
a developer's "tree protection plan ") to be retained ... (Rules are then
specified such as not grading or locating utilities within the tree's
dripline, placing protective barriers around trees, preventing siltation,
etc. Or, developers may be required to preserve a percent of forested
tracts, plant trees in open space, or pay into a county tree planting fund
so that there is no net loss of tree cover.)
Example 3:
The city forester shall have as one of his /her duties the location,
selection and identification of any trees which qualify as "Landmark
Trees" A tree may qualify as a Landmark Tree if it meets one or more of
the following criteria: (Criteria may include species rarity, old age,
association with a historical event or person, abnormality, scenic
enhancement, etc.)
XII: PRIVATE TREES
PRINCIPLE: Since trees on private property often affect the safety and
welfare of other trees and people other than the owner, a provision is
needed to allow community action in such cases. This section provides
authority to inspect private trees, designate them as public nuisances and
demand their removal when necessary.
Example: The city forester or his/her official designee has the authority to enter
onto private property whereon there is located a tree, shrub, plant or
plant part that is suspected to be a public nuisance and to order its
removal if necessary. (Note: An appropriate legal definition of a public
nuisance is needed here, such as any tree with an infectious disease
or insect problem; dead or dying trees; a tree or limb(s) that obstruct
street lights, traffic signs, the free passage of pedestrians or vehicles;
a tree that poses a threat to safety, etc. Also needed is a description of
the legal process for notifying property owners and causing abatement
of the nuisance, including removal and billing for costs by the city if
action is not taken by the owner.)
6 • rRGr cjr USA BIIEEEHN No. 9 • Nmum.d ANN a D.n In,mJ.nn.n
XIII. PERMITS
PRINCIPLE: Permits provide a way to make certain that anyone who
plants, does work on or removes a public tree (and sometimes private
trees) is knowledgeable and capable of doing the job right. Permits also are
a means to assure compliance with standards and specifications, allow for
follow -up inspections, and generally serve as a tool for enabling a
community to control the future of its urban forest.
Example: No person except the City Arborist, his /her agent, or a contractor hired
by the City Arborist may perform any of the following acts without first
obtaining from the City Arborist a permit for which no fee shall be
charged: (treatments and actions are listed, each one specifying
whether it applies to trees on public land or to any tree, public
or private).
Note: An example of a permit form is included in the MAUFS /ISA
"Municipal Tree Ordinance Manual."
XIV ENFORCEMENT
PRINCIPLE: For an ordinance to be more than a piece of paper. authority
must be given to the city forester or other official to enforce the provisions.
This includes the right to issue notices of violations, notices to perform work
and to stop work.
Example: The city forester shall have the power to promulgate and enforce rules,
regulations and specifications concerning the trimming, spraying,
removal, planting, pruning and protection of trees, shrubs, vines,
hedges and other plants upon the right -of -way of any street, alley,
sidewalk, or other public place in the city. (Details about the process of
rule- making, review and approval by the governing body, and
enforcement need to be included.)
XV. PENALTIES, CLAIMS AND APPEALS
PRINCIPLE: Enforceable, meaningful ordinances must contain provisions
for penalties and violations. Most cities have standard statements that will
work in a tree ordinance, or one may be written specifically related to
trees. There needs to be a process for the city to do needed work if a
landowner fails to comply with an order; and an appeal route.
Examples: Violations —Any person who violates any provision of this ordinance
or who fails to comply with any notice issued pursuant to provision of
the ordinance, upon being found guilty of violation, shall be subject to
a fine not to exceed $500 for each separate offense. Each day during
which any violation of the provisions of this ordinance shall occur or
continue shall be a separate offense. If, as the result of the violation
of any provision of this ordinance, the injury, mutilation, or death of a
tree, shrub, or other plant located on city -owned property is caused,
the cost of repair or replacement, or the appraised dollar value of
such tree, shrub, or other plant, shall be borne by the party in
violation. The value of trees and shrubs shall be determined in
accordance with the latest revision of A Guide to the Professional
Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens,
as published by the International Society of Arboriculture.
Assessment of Claim--4n the event that a nuisance is not abated by
the date specified in the notice, the City Arborist is authorized to
cause the abatement of said nuisance. The reasonable cost of such
abatement shall be filed as a lien against the property on which the
nuisance was located. In addition, the owner of the property upon
which the nuisance was located shall be subject to prosecution.
Appeals — (Include your municipality's standard appeals process.)
XVI. OTHER
Because circumstances vary so widely between municipalities, there may be
other sections necessary to fashion an ordinance to the needs of your commu-
nity. These range from sections that local government may require in all its
ordinances (such as a severability clause that states that if any section of the
ordinance is found to be invalid or unconstitutional, it does not affect the
validity of remaining sections) to how the urban forestry program is to be
financed. The ordinance must fit your town's needs.
lz `•`...
Permits help make sure everyone knows
the rules and best practices before
doing tree work.
The legal process to be used against
violators must be clearly spelled out.
Provisions may be made in an
ordinance for unpaid bills incurred by
city removals or replanting to be placed
as a lien on the property and added to
its tax statement.
I/
"t,L1i1irn,�
Each community's ordinance must be
written to serve that community's unique
needs and circumstances.
TREE CITY USA BUI TRV No.9 • Nammol Admr Ddp Fn,mdati.w • 7
Tree ordinances are Important for big cities and small towns.
Other Sources of Information
Tree City USA Bulletin will inform readers about helpful.
up -to -date publications [Which provide more depth., or that are
readily available for community distribution. The editor
lvelcmnes sample copies to consider for inclusion in future
retrisions.
It is recommended that anyone developing a new tree
ordinance or revising an existing one first obtain a copy of the
following manual.
Municipal Tree Ordinance Manual
International Society of Arboriculture
P.O. Box GG
Savoy, IL 61874
Copies of tree ordinances
from other cities will be
invaluable in deciding what to
include and how to fashionthe
language in your
r
ordinance. Here is an
excellent example of a tree
ordinance that has been
attractively reproduced for
public distribution. Fort
Collins' urban forester, Tim
Buchanan, has also written
Contact:
a model standards and
specifications document as a
companion to the tree
ordinance.
Office of the City Forester
Parks &Recreation Department
413 S. Bryan
Fort Collins CO 80521
For copies of other exemplary tree ordinances, including
those with strong provisions for protecting existing trees
(See Section XI), contact Mary Yager. The National Arbor
Day Foundation.
For a historical and national overview of tree ordinances,
consult back issues of the Journal of Arboriculture
(P.O. Box GG, Savoy. IL 61874).
For currently accepted standards, obtain copies of the
following publications:
American Slandard fbr Nursery Stock
American Association of Nurserymen
1`250 I St., N.W. Suite 500
Washington, DC 20005
Pruning Standards for Shade Trees
National Arborist Association
P.O. Box 1094
Amherst, NH 03031
0 r-.1n "sOYInK �.
To order additional Bulletin copies... Friends of Tree City USA
members may obtain a single copy of this or any of the
preceding Tree City USA Bulletins free of cast. Quantities of
any issue are available at 25 for $6.25 or 500 for $100. To
order. specify the issue number and quantity. and make your
check payable to The National Arbor Day Foundation, 100
Arbor Avenue, Nebraska City, NE 68410.
The Bulletins available are:
• No. 1 Hat, to Prune Young Shade Trees
• No. 2 When a Sinrm Strikes
• No. 3 Resoluing Tree.Sidetualk Conflirt.s
• No. 4 The Right Tree for the Right Place
• No. 5 Living Willi Urban Soils
• No. 6 Hoe, to Hire an Arborist
• No. 7 Horn to Save Trees During Construction
• No. 8 Dolt Top Trees!
• No. 9 Hum to Write a Municipal Tree Ordinanee
To jvin the Friends of Tree City USA... to receive a subscription
to `free City USA Bulletin, and to become more involved in
the urban forestry movement in your town and throughout
America, send a $10 dues - donation to Friends of Tree City
USA. The National Arbor Day Foundation, 100 Arbor
Avenue, Nebraska City, NE 68410. Make your check payable
to The National Arbor Day Foundation.
Tree City USA Bulletin ( -M993 The National Arbor Day
Foundation. John E. Rosenow, publisher; James R. Fazio.
editor; Gerreld L. Pulsipher, graphic designer; Gene W. Crey,
William P. Kruidenier, James J. Nighswonger, Steve
Sandfort, technical review committee. Although copyright is
vested with the Foundation, permission is hereby granted for
the contents of this bulletin to be reproduced for non-
commercial educational or public - service purposes provided
the source is acknowledged.
The Tree City USA program is sponsored by
The National Arbor Day Foundation in cooperation
with the USDA Forest Service and National
Association of State Foresters. To achieve the
TREE, CITY PRA national recognition of being named as a Tree City
USA. a town or city must meet four standards:
Standard 1: A Tree Board or Department
Standard 2: A City Tree Ordinance
Standard 3: An Annual Community Forestry Program
Standard 4: An Arbor Day Observance and Proclamation
Each winning community receives a Tree City USA flag, plaque,
and community entrance signs. Towns and cities of every size can
qualify. Tree City USA application forma are available from Your
state forester or The National Arbor Day Foundation.
Published for the Friends of Tree City USA by 50003301
The National
Arbor Dav Foundation
100 Arbor Avenue - Nebraska City, NE 68410
attorneys' fees and costs for the litigation of the Action, in the form of a check
made payable to the law firm of Van Blarcom, Leibold, McClendon & Mann.
Remaining Main Street Ficus Trees. With respect to the two Main Street Ficus
trees that have not been cut down, the parties agree as follows.
5.1. Balboa Inn Tree. The City shall use good faith best efforts to preserve
and maintain the remaining Main Street Ficus tree located in front of the
Balboa Inn ( "the Balboa Inn tree "). Such good faith best efforts are
anticipated to include root pruning, and construction of root barriers as
necessary, to prevent further damage caused by the Ficus tree roots,
watering as appropriate, trimming, and providing care and treatment as
necessary to maintain the tree in good health and good and safe
condition. The Balboa Inn tree shall be designated as a special memorial
tree of the City and shall be afforded the greatest protection available
under the existing G -1 Council Policy and any subsequently enacted tree
ordinance. In the event such good faith best efforts fail to prevent the
death or serious disease that will result in death of the Balboa Inn tree,
and the tree must be removed, the City agrees that it will, at the discretion
of the City Council, determine whether and how to replace the tree, or
implement other reasonable mitigation for the loss of the tree.
5.2. Pharmacy Tree. The parties agree that the City, in its sole discretion,
may remove the remaining Ficus tree located on the corner of Balboa and
Main Street, in front of the Pharmacy ( "the Pharmacy tree "), and that the
disposition of the tree, once removed, is entirely within the discretion of
the City.
6. City Tree Ordinance. On or before the February 25, 2003, regularly scheduled
City Council meeting, and following appropriate public notice, City staff shall
bring to the City Council for approval, a recommendation to appoint a committee
to commence a public process for the systematic review of the City's G -1 Policy
with respect to the preservation and removal of trees within the City. The City
Council shall also request the committee to consider and make recommendation
for approval a binding Tree Ordinance. The City shall give serious consideration
to forming for this purpose a committee that includes public members, and if it
opts to do so, members of BAS residing in the City will be invited to apply for
appointment to the committee.
Nothing contained in this Agreement shall be deemed to restrict the discretion of
the City Council to determine the appropriate means for addressing the City's
tree policies, regulations, and ordinances. BAS and the City recognize and
agree that the City, as a municipal entity, may enact, repeal, amend or otherwise
alter its policies and ordinances consistent with the powers and authorities
granted to the City by law.. Nonetheless, the City and BAS are in agreement that
a Tree Ordinance would be a potentially salutary provision, and the City commits
by this Agreement to undertake a review of its existing G -1 Policy and to consider
in a timely manner the adoption of a city Tree Ordinance that would make
3
removal of trees the City identifies as protected trees a violation of the City
Municipal Code.
Release and Waiver,
7.1. Release of Claims by BAS. BAS hereby releases, acquits, and forever
discharges City and its successors, assigns, departments, officials,
employees, contractors, agents, representatives, and attorneys from any
and all claims, demands, causes of action, obligations, and claims for
damages, losses, costs, attorneys' fees and expenses of every kind and
nature whatsoever (excepting only the attorneys' fees provided for in
Section 4 of this Agreement), known or unknown, anticipated or
unanticipated, fixed or contingent, which BAS may now have, or may
hereafter claim to have, against the City as a result of things undertaken,
done, or omitted to be done up to and including the date of this Agreement
related to the subject matter of the Action, or in any way arising rising out
of or in connection with: (a) the City's August 14, 2001 approval of the
Balboa Village Improvement Project ( "BVIP "), (b) the implementation by
the City of its approval of the BVIP, including but not limited to the
approval of contracts, site preparation including ongoing tree removals,
and construction activities, and (c) the commencement, prosecution or
defense of the Action (collectively, "Released Claims ").
7.2. Release of Claims by City. City hereby releases, acquits, and forever
discharges BAS and its successors, assigns, departments, officials,
employees, contractors, agents, representatives, and attorneys from any
and all claims, demands, causes of action, obligations, and claims for
damages, losses, costs, attorneys' fees and expenses of every kind and
nature whatsoever (excepting only the attorneys' fees provided for in
Section 4 of this Agreement), known or unknown, anticipated or
;?.
unanticipated, fixed or contingent, which City may now have, or may
hereafter claim to have, against the BAS as a result of things undertaken,
done, or omitted to be done up to and including the date of this Agreement ilk
related to the subject matter of the Action.
7.3. Civil Code Waiver. The parties hereby waive the protections of California
Civil Code section 1542 which provides as follows:
A General Release does not extend to claims, which the creditor
does not know or suspect to exist in his favor at the time of
executing the Release which, if known to him, must have materially
affected his settlement with the debtor.
Each party represents that it understands and acknowledges the
significance and consequences of such specific waiver of section 1542,
and hereby assumes full responsibility for any injuries, damages, or
losses, which it may incur by such waiver.
19
Mar -11 -03 04:51P
P.O1
IRVINE
EUACI
The Honorable Mayor Steve Bromberg
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE: G- 11CFFY TREE POLICY
Dear Mayor Bromberg:
"RECEIVED AFTEB AGENDA
PRINTED:"
The Board of Directors of the Irvine Terrace Community Association request that the City
respect the view protection in our terraced View homeowner's association.
Please continue to uphold the portion of the G -1 Policy which allows our Association Boards to
enforce our governing documents with regard to the trimming and reforestation of the City trees.
We also request that you ascertain that any committee formed to review /revise the G -1 policy
include representatives from the terraced View homeowner's associations.
Sincerely,
ON BEHALF OF THE BOARD OF DIRECTORS
IRVINE TER CE COW UNITY ASSOCIATION
Barbara Peters
Senior Manager
P.O. Box 19530 • Irvine, California 92614 • (949) 752 -2225
FROM
EATON RESIDENCE FAX NO. :949 -760 -1691 Mar. 10 2003 10:40RM P1
"RECEIVED AFTER AGEND
PRINTED:" - 3 03
Eastbluff Homeowners Community Association
17300 Re&II Avenue, Suite 210, Irvine, CA 92614
March 10, 2003 r
City Council
City of Newport Beach
(By Fax)
Re: City Street Tree Policies
Gentlemen:
A number of years ago, I served on the ad-hoc city committee, convened at the time by
then City Manager Kevin Murphy, to review and modify the G -3 policy. I represented
the Eastbluff Homeowners Community Association and the Community Associations
Alliance (CAA).
At that time, I supported the revisions to the G -3 policy that enabled individuals and
associations to approach the City to request trimming of City trees that were blocking
homeowner views. This issue affected our association, as well as many others in other
parts of the City.
We appreciate the modifications that were made at that time; and hope that your
current considerations will preserve them. Should you decide to appoint a committee
to review this policy, and believe that I could be of service to you as a member, I would
be happy to serve.
Thank you for your consideration
Very truly yours,
Barry D. Ea President
Eastbluff Homeowners Community Association
MAR -10 -2003 11:48
Thu Emmons Company
P.O. Box 19530Irvinu, Cd omiu 92623 • (949) 752.2225 • Fax (949) 798 -0367
949 760 1691 98i