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Home My WebLink About07 - Reforestation Request - 1500 Sylvia LaneTO: Parks, Beaches and Recreation Commission FROM: Mark Harmon, Director of Municipal Operations SUBJECT: Reforestation Request -1500 Sylvia Lane Recommendation PB &R Commission Agenda Item No. November 1, 11 Staff recommends that the Parks, Beaches and Recreation (PB &R) Commission deny the reforestation application request for 1500 Sylvia Lane. Discussion At the October 4, 2011 PB &R Commission Meeting, staff presented the attached agenda report asking the Commission to consider the reforestation application request from Ms. Tiffany Klarin, property owner at 1500 Sylvia Lane. Staff requested that the item be deferred until the November meeting to allow time for staff to work with the applicant, Ms. Klarin, to try and resolve the fence location issue and save the healthy tree from removal. On October 10, 2011, staff (Mark Harmon, Director, Dan Sereno, Parks & Trees Superintendent, and John Conway, City Arborist) met with the applicant on -site to discuss this issue. As stated in the October agenda report, the applicant's fence was installed outside of the property line on city property. Staff's recommendation to the applicant was to have the fence relocated back to the property line which would negate the removal of the city tree. Superintendent Sereno and Arborist Conway both opined that the relocation of the fence to the property line would eliminate root damage to the fence and 91low the city to retain the tree. Ms. Klarin did not approve of that solution and continued with her request to have the tree removed citing impacts to the current landscape if the fence were relocated. The October 4a' staff report including attachments and the draft minutes from that meeting are attached. Attachment: (A) Copy of October 4, 2011, PB &R Commission Agenda Report (B) Copy of October 4, 2011, DRAFT PB &R Commission Minutes CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Regular Meeting October 4,2011 - 6pm Convened 6:oipm ROLL CALL Present: Phil Lugar, Chair Tin. A,.ao,... - Al St N] DI Abstain: Absent: Anderson Marston ** ** END OF EXCERPT * * ** Item 1 estation of have been er with the noted that ree should ve this 30- ;arding the 500 Sylvia it with the CITY OF NEWPORT BEACH p�wrn PARKS. BEACHES & RECREATION COMMISSION AGENDA H ' Newport Beach Council Chambers — 33oo Newport Boulevard 9 u m °aura .�i' Tuesday — November 1, 2011 - 6pm Commission Members: Phillip Lugar, Chair Kathy Hamilton, Vice Chair Tom Anderson Ron Cole Roy Englebrecht Marie Marston Jack Tingley ORDER AND ROLL CALL DIRECT'OR'S COMMENTS • Director Detweiles • Director Harmon • City Council Actions Stflf"Members: Laura Detweiler, Recreation & Senior Services Director Mark Harmon, Municipal Operations Director Sean Levin, Recreation Superintendent Teri Craig, PB&R Secretary PUBLIC COMMENTS Members ofthe public are invited to comment on non - agenda items of public interest. Speakers are limited to three minutes. fI C1 1 I iV01 , /: y This agenda was prepared by the Office of the Recreation & Senior Services Director and staff reports are available at the Department of Recreation & Senior Services. Staff reports or other written documentation have been prepared and organized with respect to each item of business listed on the agenda. Regular meetings of the Parks, Reaches & Recreation Commission are generally held on the first Tuesday of each month at 6pm. If you have questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact the Recreation &Semor Services stafiat(949)644 -3a5B. The agendas, minutes and staffreports are also available on the City's webate at www „pewp Bb=h a v. All matters listed under Consent Calendar 1-3 are considered by the Commission to be routine and will all be enacted by one motion in the fond fisted below. The Commission Members have received detailed staff reports on each of the items recommending approval and there will be no separate discussion of these items prior to the time the Commission votes an the motion unless members of the Commission, staff, or the public request a specific item to be discussed and /or removed from the Consent Calendar for separate action. The City provides a yellow sign -m card for those wishing to address the Commission to assist in the preparation of the minutes. If you do fill out the card please place it in the box at the table. Before speaking, please state your name for the record. CONSENT CALENDAR t. Minutes of the October 4, 2011 regular meeting. 2. Park & Operations Division Activity Report 3. Recreation & Senior Services Activity Report. 4• 5. Bench Donation Process Report ,„ 6. Reforestation Request of COMMITTEE REPORTS • Park Development- Andersen, I.rg.,, Marston • Re creation /SeniorActivitiea— Anderson, Hamilton, Lugar • Budget - Iagar, MaratmsTngley • Community Servim Auxwd- Raglebrecht, Cole, Hamilton • Youth SporfaLiaison- anamaon, yagtebrecht FU TURE AGENDA ITEMS - Matteis which Commissioners may wish to place on a future agenda or raise for discussion. ADJOURNMENT This cmmnfttee is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Commizsf an s agenda be posted at least 72 hours in advance of each meeting and that the public be allowed to comment on agenda items before the Commission and items not on the agenda bit are within the subject matter jurisdiction of the Commission. The Cmund.amn may omit public comtneuts to a reasonable amuoat of time, generally either three 13) or five (5) minutes per person. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If. as an attendee or a participant at this meeting, yon will need special asaismoice beyond what is normally provided, the City of Newport Beach will attempt an accommodate you in every reasonable manner. Plea. contact Teri Craig, PB &R Secretary, at least 72 hours prior 10 the meeting on inform ps of your particular needs xad to determine if uccommodnnon as feasible (94 9-8143155 or tcrai�u,ess9rthrachea,agyJ. TO: Parks, Beaches and Recreation Commissi FROM: Mark Harmon, Director of Municipal Ope SUBJECT: Reforestation Request Recommendation PB &R Commission Agenda Item No October 4, 2 11 on rations ^� Staff recommends that the Parks, Beaches and Recreation Commission consider for approval the reforestation request for Ms. Tiffany Klarin, property owner at 1500 Sylvia Lane. Discussion City Council Policy G -1, Reforestation of City Trees requires that individual property owners not residing within a legally established community association area may submit individual requests for single or multiple tree reforestations. The applicant must submit a petition signed by a minimum of 60% of property owners within the area defined for reforestation (see attached Council Policy G -1, pages 6 -9, Reforestation of City Trees). The defined area (see attached color map) included a total of 32 property owners. This required the applicant to obtain 19 signatures in favor of the reforestation request of which 20 were obtained. Per City Council Policy G -1, the City has received a petition from Ms. Tiffany Klarin with the required property owner signatures approving the removal of a City Brisbane Box parkway tree adjacent to 1500 Sylvia Lane. The property owner is requesting removal of the City tree in order to accommodate the repair of her private fence and resolve the continuous plumbing problem as a result of the tree roots. However, upon inspection by City staff, it was determined the fence was installed 18" into public right -of -way. Staff informed the property owner to relocate the fence back to the property line rather then remove a healthy tree specimen. The property owner has complied with the requirements of Policy G -1 and has agreed to assume the full costs of the removal and replacement of the City tree, approximately $355.00 ($160.00 for one 24" box replacement tree and $195.00 for removal). The designated parkway street tree is a Tristania conferta (Brisbane Box) tree which is a suitable specimen for the parkway. Staff has attached a Tree Inspection Report, Tree Inventory Detail, and photographs related to the request. Ms. Tiffany Klarin, Council Member Rush Hill and Mariners Community Association have received a copy of this report and a notice of the Commission meeting. Adjacent property owners were also notified of the Commission meeting. Attachments: (A) (B) (C) (D) (E) (F) (G) (H) (I) Reforestation Check List City Council Policy G -1, Reforestation of City Trees Tree Removal Request Application Tree Inspection Report Petitions Tree Inventory Detail Designated Street Tree Picture Picture of existing City trees Map of reforestation area Ms. Tiffany Klarin, Council Member Rush Hill and Mariners Community Association have received a copy of this report and a notice of the Commission meeting. Adjacent property owners were also notified of the Commission meeting. Attachments: (A) Reforestation Check List (B) City Council Policy G -1, Reforestation of City Trees (C) Tree Removal Request Application (D) Tree Inspection Report (E) Petitions (F) Tree Inventory Detail (G) Designated Street Tree Picture (II) Picture of existing City trees (1) Map of reforestation area `yE W Pp� � T � A. y TREE INSPECTION REPORT Property Owner: Tiffany Klarin 1500 Sylvia Lane Newport Beach, CA 92660 Tree Location: 1500 Sylvia Lane, Side 2 on Deborah Lane Request: The property owner is requesting removal of a City Brisbane Box tree in accordance with the removal criteria of City Council Policy G -1, Reforestation of City Trees. Tree Species: Tristania conferta, Brisbane Box Designated Street Tree: Tristania conferta, Brisbane Box Estimated Tree Value: $380.00 Damage: Damage to private fence and underground utilities damage Work History: The Field Maintenance Division has no record of work history recorded for this site. Parkway: Concrete Brick Turf (X) Other Comments: The property owner is requesting removal of the City tree in order to accommodate the repair of her private fence and resolve the continuous plumbing problem as a result of the tree roots. She noted the wrong tree species was planted for this location. See attached Tree Removal application. A field inspection determined the fence was installed 18" into the City right -of -way. Staff informed the property owner to relocate the fence back to the property line rather then remove a healthy tree specimen. This tree species is a suitable size specimen for the parkway. In order to accommodate the repair of the fence, the tree would require severe root pruning, however, this will jeopardize the stability of the tree and create a potential hazard. Estimated costs for reforestation of one City tree: o Removal — $195.00 o Replacement tree, 24" box - $160.00 Total Costs - $355.00 Inspected by: a& GL � Date: September 12, 2011 144.0 Conway, Urban Iforester the reforestation request to the Parks, Beaches and i Commission for review. Reviewed by: '-r ) t0 %" Date: September12, 2011 Dan P. Sereno, Parks and Trees Superintendent Reviewed by: Date: �. S, Mike Pisani, Deputy Municipal Operations Director i Inspected by: Date: September 12, 2011 XoV Conway, Urban orester Recommendatio . orward the reforestation request to the Parks, Beaches and 0"I c lion Commission for review. Reviewed by: Date: September12, 2011 Dan P. ere o, Parks and Trees Superintendent Reviewed by:' Date: Mike Pisani, Deputy Municipal Operations Director 4 taewpok T A7 m9i ;., Oq LIFO &N`P I.I� F-71 i Reforestation Check List Urban Verified by: Forester Legally Established Homeowners Association ❑ Individual Private Property Owner(s) 0 Reforestation Application (90) days Reforestation Request Compliance Resolution of the Board of Directors, Minutes, Notices (Legally Established Homeowners Association) Damaim/Impact ❑ Blue Water View Impact ❑ Incorrect Tree Species ❑ Hardscape Damage: ❑Curb /Gutter ❑Sidewalk Utility J Individual Private Property Owner(s) ONLY Verified by: ❑ Written Agreement by Individual Property Owner(s) ❑ Staff Approved Petition ❑ Property Owners Signatures Verified ❑ Meets 60% Reforestation Criteria: # J `Property owners notified ° /%/Agreed with removal NO Meets Minimum Reforestation Requirements: ❑ Department Signature: Lu V' City Attorney IMAM El 4, i �pV • I� Parks and Trees Superintendent El El M r Ifs 6� General Services Director I� V , General Services Director �r Date: l vc ( ( G -1 General Services Director or designee concurs, then the applicant, the adjoining owners, private property owners on either side of the street within 500' in each direction of the tree location and a legally established community association, if applicable, shall be notified of the decision to remove or retain the tree within 30 days of the proposed removal. A legally established community association is responsible for notification of all association members pursuant to their established procedure. The General Services Director, or a designee, shall prepare a staff report for a regularly scheduled PB &R Commission meeting of all trees recommended for removal, except for those trees categorized in Paragraph C. (dead, diseased, or dying trees) or Paragraph E (claims and safety issues) in the preceding section on All Other City Trees. Only an applicant, an adjoining property owner, or a legally established community association, the City Manager, a PB &R Commissioner, or a Councilmember may appeal the decision of the General Services Director not to remove a tree to the Commission. The Commission, in considering any appeal, shall determine whether the removal meets the criteria outlined in this Policy, as well as any unique factors which may be pertinent to the removal or retention of tree(s). The decision of the Commission will be considered final unless called up by at least one Councilmember or the City Manager. The General Services Department will delay any tree removal(s) for at least 14 calendar days following the date of the Commission decision in order to allow time for a Councilmember or the City Manager to call the item. The City will replace all trees removed in accordance with the All Other City Trees removal criteria on a one for one basis. Replacement trees will be a minimum of a 36" boxed size. If 36" boxed trees are not available, or funding, or space constraints prevent planting of a large tree, then a minimum of a 24" boxed tree will be planted. The full costs of removal and replacement of Special or All Other Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s). REFORESTATION OF CITY TREES The concept of systematically replacing Problem or All Other Trees which are creating hardscape and /or view problems and cannot be properly trimmed, pruned or modified to alleviate the. problem(s) they create, or those which have reached their full life, and are declining in health, or are simply the wrong species of trees for the planted location is referred to as reforestation. The Urban Forester shall make a finding for the latter category of inappropriate tree species for a specific location. His determination may be appealed to the General Services Director whose decision will be final. 2 a G-1 General Services Director or designee concurs, then the applicant, the adjoining owners; private property owners on either side of the street within 500' in each direction of the. tree location and a legally established community association, if applicable, shall be notified of the decision to remove or retain theAree within 30 days, of the proposed removal. A legally established community association-is responsible for notification of all association members pursuant to their established procedure.' The General Services Director, or a designee, shall prepare a staff report for a regularly scheduled PB&R Commission meeting of all trees recommended for removal, except for those trees categorized in Paragraph C. (dead, diseased, or dying trees) or Paragraph. E (claims and safety issues) in the preceding section on All Other City Trees. Only an applicant, an adjoining property owner, or a legally established community association, the City Manager, a PB&R Coinmissioner, or a Councilmember may appeal the decision of the General Services Director not to remove a tree to the Commission The Commission, in considering any appeal, shall determine whether the removal meets the criteria outlined in this Policy, as well as any unique factors which may be pertinent to the removal or retention of tree(s). The decision of the Commission will be considered final unless called up by at least one Councilmember or the City Manager. The General Services Department will delay any tree removals) for at least 14 calendar days following the .date of the Commission decision in order to allow time for a Councilmember or the City Manager to call the item: The City will replace all trees removed in accordance with the All Other City Trees removal criteria on a one for one basis. Replacement trees will be it minimum of a 36" boxed size. If 36" boxed trees are not available, or funding, or space constraints prevent planting of a large tree, then a minimum of a 24" boxed tree will. be planted.. The full costs of removal and replacement of Special or All Other Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s). REFORESTATION OF CITY TREES The concept of systematically replacing Problem or All Other Trees which are creating hardscape and /or view problems and cannot be properly trimmed, pruned or modified to alleviate he.problem(s) they create, or those which have reached their full life, and are declining in health, or are simply the wrong species of trees for the planted location is referred to as reforestation. The Urban Forester shall make a finding for the latter category of inappropriate tree species for a specific location. His determination may be appealed to the General Services Director whose decision will be final. 6 G -1 It is recognized and acknowledged that City trees were planted many years ago and in some cases were planted with specific species that when fully mature cause damage to curb, gutter, sidewalk or underground utilities. Within the geographical boundaries of certain view neighborhoods, City street trees may encroach into blue water views from public and private property depending on the length of time since the trees were last trimmed, or the age and height of the trees. In other cases, the wrong species of tree was planted originally and simply does not conform to the current treescape or represents a safety hazard. Arborists continue to develop lists of tree species which will grow in restricted parkway areas without causing significant damage to curb, gutter, sidewalk, utilities or loss of views.' The City Street Tree Designation List, which specifies a species for each City street reflects an effort by the City to prescribe appropriate tree species that will not cause future problems. As a City which understands the importance of trees and the beauty they bring to a community, the City desires to continually improve the urban forest through reforestation. In areas where City trees have been removed through City initiation, the City will endeavor to replace the trees with the appropriate designated City tree. Individual private property owners, as well as legally established community associations, may apply for single or multiple tree reforestations in their respective area by submitting a request to the General Services Director for consideration by the Commission that meets the following requirements: A. The proposed area must have clearly defined contiguous geographical boundaries that include the tree(s) proposed for removal and replacement, street address(es), block number(s), or other geographical information. This section applies to individual and group requests. B. Residential communities, neighborhoods, or business organizations who apply for reforestation must submit a petition signed by a minimum of 60% of the property owners within the area defined for reforestation. The petition content must be approved and dated by City staff prior to distribution by the petitioner. The staff- approved petition must be distributed by the petitioner to a maximum of 30 private property owners (up to 15 contiguous private property owners on both sides of the street up to 500' in either direction from the location of the proposed reforestation). Signatures by non - property owners are not acceptable for petition purposes. All petition signatures shall be verified by City staff for 7 G -1 property owner status of the person(s) signing the petition. As an alternative to the above requirements, areas represented by a legally established community association, may submit a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the community association having their residential views affected, have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. Individual private property owners living within a legally established community association area with mandatory association membership must petition for reforestation through their respective association. C. Individual private property owners not residing within a legally established community association area may submit individual requests for single or multiple tree reforestations. The applicant must submit a petition signed by a minimum of 60% of a maximum of 30 private property owners (up to 15 contiguous private properties on both sides of the street up to 50(' in either direction from the location of the proposed reforestation site) as well as the endorsement of the appropriate homeowners association, if applicable. The petition content must be approved and dated by staff prior to distribution. All petition signatures shall be verified by City staff for private property owner status of the person(s) signing the petition. D. A written agreement must be submitted to the Parks, Beaches, and Recreation Commission by the petitioning sponsor (individual private property owner(s) or group) to pay 100% of the costs of the removal and replacement of the public tree(s) in advance of any removal activity. The actual removal and replanting will be coordinated by the General Services Department. The total costs shall include only the contractor's removal and replacement costs and be paid in advance of any removal actions. E. The replacement tree(s) for reforestation shall be the Designated Street Tree(s) as prescribed by City Council Policy G -6, or the organization must request and obtain approval from the Commission of the designation of a different tree species prior to submitting any reforestation request for a tree species other than the designated street tree. This section applies to individual or group requests. F. There shall be a minimum of a one - for -one replacement of all trees removed in reforestation projects. Replacement trees shall be a minimum size of 24" boxed trees, unless the parkway space will not accommodate a24" boxed tree or a tree cannot be planted due to planting restrictions contained in Council Policy G -6. If 13 C. 19 E. F. G-1 Property owner status of the person(s) signing the petition. As an alternative to the above requirements, areas represented by a legally established community association, may submit a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the community association having their residential views affected, have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. Individual private property owners living within a legally established community association area with mandatory association membership must petition for reforestation through their respective association. Individual private property owners not residing within a legally established community association area may submit individual requests for single or multiple tree reforestations. The applicant must submit a petition signed by a minimum of 60% of a maximum of 30 private property owners (up to 15 contiguous private properties on both sides of the street up to 500' in either direction from the location of the proposed reforestation site) as well as the endorsement of the appropriate homeowners' association, if applicable. The petition content must be approved and dated by staff prior to distribution. All petition signatures shale be verified by City staff for private property owner status of the person(s) signing the petition. A written agreement must be submitted to the Parks, Beaches, and Recreation Commission by the petitioning sponsor (individual private property owner(s) or group) to pay 100% of the costs of the removal and replacement of the public tree(s) in advance of any removal activity. The actual removal and replanting will be coordinated by the General Services Department. The total costs shall include only the contractor's removal and replacement costs and be paid in advance of any-removal actions: The replacement tree(s) for reforestation shall be the Designated Street Tree(s) as prescribed by City Council Policy G -6, or the organization must request and obtain approval from the Commission of the designation of a different tree species prior to submitting any reforestation request for a tree species other than the designated street tree. This section applies to individual or group requests. There shall be a minimum of a one - for -one replacement of all trees removed in reforestation projects. Replacement trees shall be a minimum size of 24" boxed trees, unless the parkway space will not accommodate a 24" boxed tree or a tree cannot be planted due to planting restrictions contained in Council PolicyG -6. If Q G -1 there is not room for the replacement tree(s) at a specific site as prescribed by City Council Policy G-6, then the replacement tree(s) shall be planted in a public area in the same neighborhood at the option of the petitioner. This section applies to individual or group requests. G. Reforestation requests must be completed and submitted in a timely manner by the petitioner. Petitions that are dated more than 90 days in arrears from date stamped by staff before distribution will not be forwarded to the PB&R Commission for consideration. The decision of the Commission on reforestation requests will be considered final unless called up by at least one Councilmember or the City Manager. TREE MAINTENANCE The City shall 'require the proper care and watering of replacement trees by the reforestation petitioner to ensure their proper growth and development as outlined in City Council Policy G -6. Furthermore, no person shall tamper with City trees in violation of Section 13.08.040 of the Municipal Code. Further, the City will endeavor to fund the care of the Urban Forest to the highest level possible through the efficient use of regular tree trimming, root pruning, root barrier and pesticide programs. 'ENCROACHMENT AND DEMOLITION PERMITS All encroachment permits (permits for private property development which are proposed to encroach upon the City right of way) or demolition permits that involve the removal or replacement of City tree(s) must be specifically noticed by the property owner to City staff prior to the building and /or demolition permit process whenever possible. The proposed construction plans must indicate preservation of existing City trees wherever possible (exempt: dead, dying, or in an advanced state of decline). If the proposed development, as deemed by the General Services Director, requires the removal of City trees, the property owner must submit a tree removal request to the General Services Director, shall pay all related tree removal and replacement costs (one for -one replacement) and meet all provisions of Council Policies L -2 and L -6 and City Ordnances 13.08 and 13.09. Approval or disapproval of all tree removal /replacement requests associated with encroachment and demolition permits will be the responsibility of the General Services Director or a designee. 0 CITY OF NEWPORT BEACH General Services Department Tree Removal or Reforestation Application Per City Council Policy G -1 (Retention or Removal of City Trees), I am reguestin¢.a tree removal(s) to be reviewed by staff and submitted to either the Parks, Beaches, and Recreation Commission for consideration at a future meeting or the appropriate City approving authority. Commission meetings are held on the first Tuesday of each month (expect for holidays) at 7PM at the Council Chambers. dAtZ `JC Q`e_ IP4.� VWrn }rAx -- Indicate the number and specie(s),(if known) of tree(s). Located at: 15 ®o �\�`� p` 9 4 Please be as specific as possible Requestor Owner ity Association Print Name: Address/ Phone (Daytime) / Email 1500 5vma' T.S14"r; e- _bc�J . f) &4F Date: 31 /11 an in If this is a reforestation request proceed to the reverse side of this form -mil Section A. For Tree Removal Requests Only Removal Criteria (Check one or more) Please provide copies of photos, bills, documents or any other related material that will verify the checked items. =Proven and repeated history of damaging public or *private, sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities or foundations. ( *Greater than $500) Repeated history of significant interference with street or sidewalk drainage. Dying Has no prospect of recovery. Diseased Cannot be cured by current arboricultural methods. In advanced state of decline with no prospect of recovery. Hazardous Defective, potential to fail, could cause damage to personsiproperty upon failure. Assessment by Urban Forester will identify structural defects, parts likely to fail; targets -if fails, procedures and actions to abate. =Beautification In conjunction with a City Council- approved City, commercial, neighborhood, Project or community association beautification program. R� O5rmaa CITY OF NEWPORT BEACH General Services Department Tree Removal or Reforestation Application Per City Council Policy G-1 (Retention or Removal of City Trees), I ant reguestine :a tree removal(s) to be reviewed by staff and submitted to either the Parks, Beaches, and Recreation Commission for consideration at a future meeting or the appropriate City approving authority. Commission meetings are held on the first Tuesday of each month (expect for holidays) at 7PM at the Council Chambers. ors ?VC Indicate the number and specie(s),(if knofwn) of irge(s). j Located at: 5 o T11�i a, 1.at4� Please be as specific as possible Requestor Address/ phone (Daytime) / Email Property owner I SOO ..3. yAV #', i Igoe- _ 11CLQ Community Association — ... r Signature: Dater 1 Print Name• , f a prl If this is a refore tation request proceed to the reverse side of this form '-T Section A. For Tie Removal Requests Only Removal Criteria (Check one' or morel Please provide copies of photos, bills, documents or any other related material that will verify the checked items. =Proven and repeated history of damaging public'or *private, sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities or foundations. ( *Greater than $500) NRepeated history of significant interference with street or sidewalk drainage: Dying Has no prospect of recovery. Diseased Cannot be cured by current arboricultural methods, In advanced state of decline with no prospect of recovery. =Hazardous Defective, potential to fail, could cause damage to persons/property upon failure, Assessment by Urban Forester will identify structural defects, parts likely to fail; targets -if fails, procedures and actions to abate. =Beautification In conjunction with a City Council- approved City, commercial, neighborhood, Project or community associanon beautification program. raeaosaoa. Section B. For Reforestation Requests Only Reforestation is the concept of systematically replacing Problem or All Other Trees which are creating hardscape and/or view problems and cannot be properly trimmed, pruned or modified to alleviate the problem(s) they create, or those which have reached their full life, and are declining in health, or are simply the wrong species of tree(s) for the planted location. As initiated by: Property Owner Community Association Other Check all items applicable: Tree(s) causing curb, gutter, sidewalk or underground utilities damage. Wrong tree species for location View encroachment Area has clearly defined contiguous boundaries that include the tree(s) proposed. Residential communities, neighborhoods, or business organizations who apply for reforestation must submit a petition signed by a minimum of 60% of the property owners within the area defined. =Areas represented by a legally established community association, may submit a resolution of the Board of Directors formally requesting a reforestation. ®individual property owners must submit a petition signed by a minimum of 60% of a maximum of 30 private property owners (up to 15 contiguous private properties on both sides of the street up to 500' in either direction from the location of the proposed reforestation site) as well as the endorsement of the appropriate homeowners' association, if applicable. *A request for reforestation requires a written agreement submitted to the Parks, Beaches, and Recreation Commission by the petitioning sponsor (Individual private property owner(s) or group) to pay 100% of the costs of the removal and replacement of the public tree(s) in advance of any removal activity. The actual removal and replanting will be coordinated by the General Services Department using the City tree maintenance contractor. "There shall be a minimum of a one - for -one replacement of all trees removed in reforestation projects. Replacement trees shall be a minimum size of 24 "boxed trees and cost $195 per tree, unless the parkway space will not accommodate a 24" boxed tree or a tree cannot be planted due to planting restrictions contained in City Council Policy G -6. This form does not replace the requirements of any of the City tree policies. Its use is intended to expedite the tree removal or reforestation requests and to ensure compliance with all City requirements. Please refer to individual City Council Policy G-1 for additional information. Requestor Comments: MGM 6c: OL rP5 M am Removals, except emergency, will be subject to the notification processes, time frames specified in the City Council G -1 Policy. Juthoritv as RmMd OWON ArborAccessOnline - newportbeach.wcainc.com Inventory Detail Dist: 16 Address: 1500 SYLVIA LN Fictitious: Yes Location: Side -1 On Address: 2020 DEBORAH LN Species: Lophostemon coniertus, BRISBANE BOX DBH /Height: 07 -12 / 30 -45 Parkway Size: 99 Utility Overhead: No - Sidewalk Damage: No Recommended Maintenance: Grid Trim Estimated Value $2,070 WCA Work History Date Work Type Amount Job# 7/6/2011 Grid Pruning $39.00 19262 4/29/2008 Grid Pruning $39.00 11060 4/15/2002 Grid Trimming $39.00 4184 1/28/2000 Grid Trimming $39.00 2866 Other Work History Date Work Type Crew Acct# Min Page 1 of 1 }�Hn• / /nnmm�rthaarR nrnoinr rnm /invantnn/CrarrhR Pm d4eTlatailPrinthifan acn9TrPPTTI— QRAA1') nR/1 Q / ?nl 1 anvenoury veiall Dist:. 16. Address: 1500 SYLVIA LN Fictitious: Yes Location: Side -1 On Address: 2020 DEBORAH LN Species: Lophostemon confertus, BRISBANE BOX DBH /Height:- 07- 12/30 -45 Parkway Size: 99 Utility Overhead: No . Sidewalk Damage: No Recommended Maintenance: Grid Trim Estimated Value $2,070. WCA Work History Date Work Type - Amount Job# 7/6/2011 Grid Pruning $39.00 19262 4/29/2008 Grid. Pruning $39.00 11060 4/15/2002 Grid Trimming $39.00 4184 1/28/2000 Grid Trimming $39.00 2866 Other Work History Page 1 of 1 Date Work Type Crew Acct# Min i+Fn• / /naxxmnrthPO�h xurainr rnm/ invan+ nn+ /RaarrhRacnl +cTlP+ailPrin4lVian nvn9TrPPTTI =QRAA1 ') ARA Q /2lYl l Please list the address of the property(s) owned within the surrounding area of the proposed reforestation request (see attached map) July tt, zmt `rl Property Owner First and Last Name (please print): M A&Y Auff MCONATil Business Name (if applicable): Address: 150 c 5 YL VaH AK. Phone #: p.�7Q S'f 8 -S90 7-31-11 6 Signature Date In favor of tree removal 2f *4 W (;,iti4 Oppose tree removal ❑ (;o;ei4 Comments: l i Property Owner First and Last Name (please print): M Q ✓-Skc.,U Business Name (if applicable): Address: f 531 SYLVI A LA Phone #: g y I _ (a 11 .F Signature In favor of tree removal ET' AA LI Comments: -7-3r -P Date (i,iti4 Oppose tree removal ❑ Property Owner First and Last Name (please print): Business Name (if applicable): Address: Phone #: (initial) iz& -. Ae=4r, Signature In favor of tree removal �� fntt,at) Comments: -/A4 /t. Date Oppose tree removal ❑ (initLd) Please list the address of the property(s) owned within the surrounding area of the proposed reforestation request (see attached map) /,% July 11, 2011 Property Owner First and Last Name (please print): A G! /_ /� &K ✓r/1 l rL Business Name (if applicable): Address:. I S % 2r V lli 1,A- Z�0 Phone #: Z?9/) lgnatute Date In favor of tree removal (iniria4 Oppose tree removal ❑ c Comments: Property Owner First and Last Name (please print): -T&A " i S" o 0'Q Business Name (if applicable): Address: e) vn \ i Phone #: s► s -? s sp Signature In favor of tree removal ig- _ Ir (i-i Comments: Oppose tree removal ❑ Date _ cMW24 J\ Property Owner First and Last Name (please print): / L ! / nj F L em 1 N G: Business Name (if applicable): Address: :�—C>1, 4 t3d21 f+F L�J . Phone #: _9 &jQ�Lr ys ' 1� ignature '-� I Date In favor of tree removal tm;,;,o Oppose tree removal ❑ (wtiao Comments: Please list the address of the property(s) owned within the surrounding area of the proposed reforestation request (see attached map) ju; yu,2mi Property Owner First and Last Name (please print): / / �`Z ✓,tnJ� ) F Business Name (if applicable): / Address: / s �L `, ZGif) Phone #; Y %C� e tgnatuce Date In favor of tree removaV cmi&9 Oppose tree removal ❑ (9 Comments:. Property Owner First and Last Name (please print): -TGa Business Name (if applicable): Address: DeSw`ati Lr,t4'l. Phone #•l r, 7 S SO �(3r:Ir Signature Date ; In favor of tree removal (a Oppose tree removal ❑ tom. Comments:s DL . Property Owner Fiat and Iast Name (please print): L E±M 1 AI G Business Name (if applicable): Address:. a,.ba EwSQ t Al Phone #: J 7 131 � 1 cute Ty Date In favor of tree removal (i9 Oppose tree removal ❑ c7 Comments: PIease list the address of the property(s) owned within the surrounding area of the proposed reforestation request (see attached map) I July 11, 2011 Property Owner First and Last Natne (please print): e y\j lA LeA G2i"% Business Name (if applicable): Address: . Phone #: 14L h)4` t e 7131 /11 Date In favor of tree removal jx (inia.9 Oppose tree removal ❑ Property Owner First and Iast Name (please print): Business Name (1f applicable): Address: VV5 'gCisp .All Phone #: DI .0 IWo-40q< Nv In favor of tree removal 1 I�k "o (,n:r aq Comments: ERIk WEIGAtIP fx)C% *-dr 66,gt l -?,131 11 Date Oppose tree removal ❑ q Property Owner First and Last Name (please print): � OM A0 , km zwm T Business Name (1f al Address: 1900 PA4�N�;t�- hone #:: Wq :546 lg m l Signature In favor of tree removal �( kpp- : Comments: (i.ro Oppose tree removal ❑ Date (inftiaD 6 (inital) (initial) Please list the address of the property(s) owned within the surrounding area of the proposed reforestation request (see attached map) July 11, 2011 Property Owner First and Last Name (please print): Business Name (f applicable): Address: — �j Phone #: p _ i / / ✓ ✓ 3/ Signature ate ✓In favor of tree removal �� (;n;tiao Oppose tree removal ❑ Comments: Property Owner First and Last Name (please print): V/ &AW Le" Business N7e (f applicable): Address: / 101'71 f Phone #: /in favor of tree removal V 3I�tl Date Oppose tree removal ❑ Comments: rti Property Owner First and Last Name (please print): QvNdifmirw Business N e (if applicable): Address: a / lG l c Phone #: JCt, t4i N �(Nw Signature In favor of tree removal 99 Comments: 1 WIT 01' Date Oppose tree removal ❑ (initial) (initial Please list the address of the property(s) owned within the surrounding area of the proposed reforestation request (see attached map) Tuts 11.2011 Property Owner First and Last Name (please print): /6U ELATE IZ G U T N O{- �- Business Name (if applicable): Address:. ✓2001 tENC22 R W& a6wPo9.TR64GIH _ CA 9LV16o Phone #:✓ 949) S4a -roZS 2ot1 S' tote Date In favor of tree removal P, k o-ili,4 Oppose tree removal ❑ tom; Comments: —` Property Owner First and Last Name (please print): �0 5 �' �l f C j U �'T�tt2 A lAJ Business Nre (if applicable : Address: V f �S� �VL C Phone ,S t` S S'f tf0 Signature JIn favor of tree removal Comments: 15 Property Owner First and Last Name (please print): Business Nagle (f applicable): 7-3I -r1 Date Oppose tree removal ❑ tnWZ4 Signature Date /In favor of tree removal gi %t7 tm;ti .0 Oppose tree removal ❑ t; Comments: Please list the address of the property(s) owned within the surrounding area of the proposed reforestation request (see attached map) July 11, 2011 ) Property Owner First and Last Name (please print): vim [ �S - W Business N me (if applicable): Address: t/7 (s Z'( G /Phone #: V, �egr4_S g 19 1 : / - ✓ (/� ✓ /in S Signature _r1 I favor of tree removal (i.� Oppose tree removal ❑ t n; Comments: Property Owner First and Last Name (please print): Business N e licable): Address: %, SY (�✓Gl �+�CA'L �( Phone #: ✓ Y c( �� ( (Y U 6 ca �vV c /In favor of tree removal 9� r/` (C'?' (ini&-d) Oppose tree removal ❑ Comments: l Property Owner First and Last Name (please print): Business Name (if applicable): Address: 1/- 1 r Phone #: Date z5iy met &4-W (initio? w J Slgna tu� Date ,/In favozol removal (� C (;o;t;,q Oppose tree removal ❑ twfi o Comments: Please list the address of the property(s) owned within the surrounding area of the proposed reforestation request (see attached map) ju(r 11, 2011 Property Owner First and Last Name (please print): l� PrJ c] tti �S� rt Business Nre (if applicable): Address: Zo 15- –fig Phone #: / q'tc1 63� –ijS –Signature lOwc a 71,91 f )) Date JIn favor of tree removal VS mss– (iid4 Oppose tree removal ❑ Comments: Property Owner First and Last Name (please print): Business N�tne (f applicable): / PNvt, P910LEPry (wthd) /In favor of tree removal n W (;n;,. Oppose tree removal ❑ ( �l Property Owner First and Last Name (please print): f'ti (� �ur e) Business Name (if applicable): Address: Phone #: Signature In favor of tree removal IKI H C— (kie -o Comments: 1'#111i Date Oppose tree removal ❑ ( 1 It X O CD O � :A •L CO Qi rt m N . n 0 O � -J LA r v I X O a L S � � a - � •� d1 f0 � � •L Al /• _ _ r f• iii � _ � i • . r r �1 � [�' � �' P�{_ •. .g �1� J � � �� ,r � -� � 1`: } 4 _.._ - �� . .•� '1 ��_ '- � _ ,, �� ., ` � •:rt �� 1 -� s �• r to IF AV y A.• rim w _ � Pd • d• Jt' w r •a 4p Y-1 •1.1.5- I/ X. ow Aft J r1 ,.�, 41 jpd r•) . J . 7 � I Yss ! �bN o0�1� S r ! N a a � a N r N N rl w a M1�4♦[g a � a M ; 0� �b ya ��P G tia ..a m m, m VD•r o� cd ` d O m y II to sN U z °o e m (D Qy � g Q S 150 1519 ! 1512 1517 ! J 5 15' 15wo � ' 1 m � La °\P1aP cm ! �Q 1412 1409 1400 0 1501 w Z 150 1� I / / N Gl~ O October 21, 2011 Dave Kiff General Services Department 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 -8915 RE: Reforestation request for 1500 Sylvia Lane Dear Dave; I am writing this letter for two reasons. First and foremost, I want to memorialize the events, comments, recommendations and conclusions of a meeting I had Monday, October 11, 2011 regarding our Reforestation request. Secondly, I feel it important to share with you the attitude expressed by Mr. Mark Harmon at this meeting as he left me frustrated, confused, and disappointed. At approximately 1:10 pm on Monday, October 11, 2011, Mark Harmon and Dan Sereno arrived at my home to discuss the tree we have been struggling with. This meeting was the result of several months of phone conversations (primarily with John Conway), completion of the Reforestation Request Petition, and my husband's attendance at the Commission meeting on October 4, 2011. The purpose of this meeting was to determine if there was any alternative to removing the tree and replacing it with a smaller tree (reforestation). Mr. Harmon stated that John Conway was also expected to attend, but that we could proceed without him. Mr. Harmon looked at the tree and told me that he would not recommend to the Commission that the tree be removed, because it is a healthy tree. He briefly considered the possibility of root pruning with Mr. Sereno. However, they both quickly concluded that this was not an option. Mr. Sereno mentioned that there had been some pruning done to the roots in the past as evidenced by the inconsistency of the height of the curb in front of the tree with the surrounding curb (the curb in front of the tree is higher) as well as the color of the concrete. Our licensed general contractor and John Conway arrived at about this point. Scott Farthing (our contractor) asked Mr. Harmon why removing the tree was such a big issue when our fence is within the setback regulations and we were willing to cover all the costs of the process including the purchase and installation of a new tree. Mr. Harmon replied sarcastically as he quoted Mr. Farthing saying that, "to use your words, `it's such a big deal,' because it's a healthy tree." Mr. Farthing then pointed out that it appeared that the roots had been pruned at some point, because the tree leans. Mr. Conway stepped in at that point and stated that the roots of this tree had absolutely never been pruned. Mr. Conway's comment was a direct contradiction to Mr. Sereno's comment only moments before. This inconsistency in information leads me to believe that there was never any research done regarding the history of the tree. I also want to point out the city does indeed reforest healthy trees such as in "view obstruction" situations. I asked Mr. Harmon what he suggested we do in order to avoid the continual costs of repairing and replacing the fence as a result of the intrusive tree roots. He suggested we move the fence line on that side of our house back to accommodate the tree. I pointed out that our landscaping was designed with the fence line where it is (the fence was here when we purchased the home 10 years ago) and that making this change would completely ruin the landscaping. He said that we didn't have to take his suggestion. However, it was the only solution he offered to the problem caused by the tree roots. In essence his suggestion was to have the homeowner/ resident spend more dollars and withstand more inconvenience and have a sub par result as to appearance. We have already replaced this fence on two separate occasions at a substantial cost. The rest of the meeting was a series of direct questions from me and indirect, frustrating, ambiguous answers accompanied by Mr. Harmon's insulting, condescending and disrespectful attitude. I asked if he could give me an example of a time when the Commission had approved a reforestation request after Mr. Harmon recommended against it. He said he wasn't going to go back and research all of the meetings in order to answer my question. However, he insisted that this very thing had happened. I stated that it was not likely that we would continue to trying to move forward with our request, but asked if I could have a letter reviewing the facts of this process and stating recommendations for future problems we may have (i.e. if the fence continues need repairs as a result of the intrusive tree roots). Mr. Harmon never directly answered the question. He suggested instead that I begin tracking the problems from this point on to prepare for the future. At one point, he referred to Mr. Farthing as "Joe Contractor" and casually tapped him on the chest right after I had reminded him of Mr. Farthing's name. I pointed out to Mr. Harmon that I have records of all of the costs of repairs we've made to the fence. He said that I may have the chance to present those costs to a "more sympathetic Commission at some point in the future." When I asked Mr. Harmon if he meant to imply that this Commission is not sympathetic, he accused me of, "just asking silly questions." It was clear to Mr. Farthing and myself that Mr. Harmon had a clear predetermined attitude that reforestation was not an alternative. Mr Farthing pointed out to me that Mr. Harmon consistently referred to the issue as "I" will not remove a tree (nevermind that it was a reforestation issue) instead of recognizing it is not an "I" situation but a commission/ city issue. My husband and I began soliciting the City for help in July of this year. Three years after replacing the section of the fence that was separating from the rest of the structure and falling down, we decided to replace the entire fence. We made phone calls, met with representatives, and followed all of the recommended steps in the process. I was told by Mr. Conway that my chances of having the tree removed were good if we pursued the reforestation route. We have respected every request, responded quickly to every suggestion and waited patiently for help. I was incensed by the treatment I received from Mr. Harmon. As I have illustrated, he was completely unprofessional and rude. I honestly believe that our time was wasted as we were lead to believe that reforestation was truly an option. I also believe that not one representative considered our situation. It appears that no one knew the history of the tree. There were different and conflicting opinions expressed. I am also baffled by the fact that we waited more than three months to be told that since the tree was healthy, a reforestation request would not even be considered. Concluding, I would like to state that Mr. Harmon does not represent the City of Newport Beach in a professional manner. More importantly, I am writing this as a record of our efforts so that a future reforestation request will be taken more seriously. Please feel free to contact me at 949 - 642 -7584 or 949 -500 -5786. CC: Phillip Lugar Kathy Hamilton Tom Anderson Ron Cole Roy Englebrecht Marie Marston Jack Tingley Mark Harmon John Conway Dan Sereno