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HomeMy WebLinkAbout5C - Reforestation Request - The New Port Theatre by CdM BidTO: Parks, Beaches and Recreation Commission FROM: Municipal Operations Director SUBJECT: Reforestation Request Recommendation PB &R Commission Agenda Item No. --S—G December 4, 2012 Staff' recommends that the Parks, Beaches and Recreation Commission consider for approval the reforestation request of The New Port Theater (TNT) to remove and replace a City Hong Kong Orchid tree at 2905 East Coast Highway, Corona del Mar. Discussion City Council Policy G -1, Reforestation of City Trees requires that individual property owners living within a legally established community association area with mandatory association membership must petition for reforestation through their respective association. Staff has received a request from the Corona del Mar Business Improvement District (CDM BID) to remove a City Hong Kong Orchid tree at 2905 East Coast Highway, Corona del Mar. In addition to removing one tree, the CDM BID Board of Members has approved the removal and replacement, as proposed by TNT of the Hong Kong Orchid tree with a King Palm tree. TNT has agreed to incur the cost of removal and replacement. TNT had been concerned because the existing Orchid tree blocked the marquee on the refurbished theater. TNT has complied with the requirements of Policy G -1, and has agreed to assume the full cost of the removal and replacement of the City tree, approximately $4,978 ($4,900 for the required replacement tree, and $78 for one removal). Staff agrees with the TNT that the current tree, Hong Kong Orchid, has been topped and over - pruned for many years to maintain the sign clearance. This type of tree grows rapidly in an upright shape, requiring annual pruning which is unsightly. The King Palm tree has a slower growth rate which is more manageable, and will not require annual pruning to maintain the sign clearance if planted at a minimal box size of 54" with a 20' height. Staff has attached a Tree Inspection Report, Tree Inventory Detail, Reforestation Check List, and photographs related to the request. TNT and the C DM BID have received a copy of this report and a notice of the Commission meeting Submitted b/ IA Mark Harmon Attachments: (A) HVHS HOA Board of Directors Minutes (B) Tree Removal Request Application (C) Tree Inspection Report (D) Reforestation Checklist (E) Photos Corona del Mar Business Improvement District Board Meeting Minutes October 25, 2012 CdM Chamber of Commerce Offices Board Members Present: Bernie Svalstad, Jim Walker, All Zadeh, Scott Laidlaw, Tom Nicholson and Keith Dawson Board Members Absent: Tina Hoover Ex Officio: Scott Palmer Guest Amy Senk / Nancy Gardner I Ed Selich / Dan Purcell I Jim Mosher I Jessica Prouse (The New Port Theater)/ Karen Tringali I Ron Yeo 1. Call to Order at 7:33 AM 2. Roll Call The Chairman called the roll and determined that a quorum was in place. 3. Public Comments Amy Senk announced that due to budget constraints, she is leaving the Daily Pilot but will be employed by the Newport Independent, effective Sunday, October 28, 2012. 4. Approval of Minutes Guest Jim Mosher reported that Brad "Sommers" name was still misspelled as was "Bandera ". Mosher further reported that Measure EE prohibits class "claims" not class "actions ". MOTION: Tom Nicholson moved to approve the Minutes of the September 27, 2012 meeting as corrected. Jim Walker seconded and the Motion was approved by unanimous vote. 111 111 5. Current Business MOTION: Because of a scheduling conflict, Bernie Svalstad moved to advance the BID Administrator Update in Item E of Current Business to be considered out of order. Jim Walker seconded and the Motion was approved by unanimous vote. E. Bid Administrator Report (taken out of order) Tom Nicholson reported that he and Bernie Svalstad met with Nancy Gardner and Dave Kiff and recommended that a special meeting be arranged to consider two options regarding the organization of the BID. Nancy Gardner explained that the BID could continue as it is presently organized which entails City involvement in the letting of contracts and budgetary issues or an independent non - profit entity could be established that would report to the City annually but would be renewed every five years. Nancy indicated that the new entity could be styled after the 1994 Tourism BID Act. Bernie commented that 51% of the BID membership based on total gross assessments would have to vote in favor of creating a new BID entity. Based on the large number of factors to consider, it was agreed that a special meeting would be necessary and that Dave Kiff and a representative from the City Attorney's office should attend the meeting. Jim Walker suggested that a representative from the Restaurant Association should attend the meeting. MOTION: Tom Nicholson moved to arrange a meeting with Dave Kiff and a representative from the City Attorney's office to discuss BID organizational options. The meeting would tentatively be scheduled for November 1, 2012 at 7:3o a.m. at the City Hall, Jim Walker seconded the Motion which was approved by unanimous vote. A. City Council Report Nancy Gardner thanked the BID board for its help with the "Share to Road" banners in CDM increasing awareness of the upcoming sharrows lane markings which will be installed within the next two weeks. Ed Selich indicated that the new City Hall is on schedule but that move -in date for the staff will be delayed slightly. B. Village Maintenance Items. Scott Laidlaw reported that the bench and trash can enclosure that the BID moved to purchase for installation in front of The New Port Theater had to be purchased by the BID, not by the City, but that the City would install them without charge. He added that the City had requested a drawing indicating where the bench and trash can enclosure would be located. Scott Palmer recommended that the bench and trash enclosure should not be ordered until the City approves the location. Scott Laidlaw indicated that he would request an invoice for the bench and trash can enclosure from the vendor. 2 Jessica Prouse of The New Port Theater requested that the Hong Kong orchid tree which is located in front of the theater be removed or relocated because it blocks the view of the marquee. She circulated a photograph of the Port Theater in its early days as evidence that there was no tree present at that time. MOTION: Scott Laidlaw moved to approve the removal and relocation of the Hong Kong orchid tree in front of The New Port Theater. There was no second. No vote taken. Discussion: Scott Palmer indicated that several requests have been made by business owners to have trees in front of their businesses removed. Scott Laidlaw suggested replacing the Hong Kong orchid tree with a mature King Palm which would be high enough that its frawns would not block the view of the marquee. MOTION: Scott Laidlaw then amended his motion and moved to approve the removal of the Hong Kong orchid tree in front of The New Port Theater and to replace it with a mature King Palm. Keith Dawson seconded. No vote taken. Discussion: Jim Walker indicated that the Hong Kong orchid tree should be relocated to another location within CDM. Nancy Gardner indicated that The New Port Theater should bear the cost of removing and relocating the Hong Kong orchid tree as well as the cost for acquiring and installing the King Palm. AMENDED MOTION: Scott Laidlaw then further amended his motion and moved to approve the removal of the Hong Kong orchid tree in front of The New Port Theater, that it be relocated to a predetermined location and to replace it with a mature King Palm, with all costs to be paid by The New Port Theater. Jim Walker seconded and the Motion was approved by unanimous vote. C. Parking Sub- Committee Jim Walker reported that the Parking Sub - Committee met with Jim Campbell and Brenda from the City and it was agreed to focus resources on the parking issues that exist in the northern area of CDM. Jim recommended that the Walker Parking Study and the Balboa Village Study should be carefully reviewed before consideration is given to hiring a parking consultant. Jim reported that Brenda agreed to assist in defining the scope of work if a parking consultant was retained. Jim indicated the need to calculate the number of walk -in patrons versus patrons who drive to local businesses. Scott Palmer indicated that the Walker Parking Study focused on all of CDM versus the commercial strip and that there is a need to narrow the focus on specific areas of CDM. He added that the BID needs to look at how the parking restrictions impact the revitalization effort and what the BID can do to promote policies that look to the future. Scott Laidlaw indicated that the BID needs to focus on amending the parking requirements for businesses so as to be forward- thinking. Ed Selich reported that businesses should get credit for available on- street parking. D. Revitalization /CAP Committee Report Merge Lane Study Update Bernie Svalstad reported that the City Council agreed to continue the hearing on the merge lane project to the next City Council meeting, but that the lane delineators would be removed. He indicated that the City's staff report concluded that the merge lane project resulted in increased traffic congestion and that three options are available: t. modify the merge lane configuration to reduce traffic congestion; z. propose an entirely new design, or: 3. abandon the project. Bernie commented that the merge lane project as presently configured is essentially "dead" as a result of the staff report. MOTION: Jim Walker moved to amend the existing merge lane plan. Scott Laidlaw seconded the motion. No vote taken. Discussion: Ron Yeo commented that "eight feet of landscaping is better than eight feet of asphalt ". Ed Selich suggested that Dave Webb at the City could offer suggestions on possible ways to reconfigure the project. There was discussion regarding relocating the parking spaces on PCH rather than eliminating them. The option of making a portion of Carnation one -way was also discussed. AMENDED MOTION: Jim Walker moved to hire as landscape architect and submit a revised plan. Scott Laidlaw seconded the motion. Vote taken: 1 yea - 4 nay. Motion failed. ALTERNATE MOTION: Scott Laidlaw moved to present the existing merge lane plan to the City Council and seek approval. In the event the City Council is inclined to disapprove the existing plan, the BID would consider modifications of the existing plan as recommended by staff. Ali Zadeh seconded and the motion was approved by unanimous vote. Guest Dan Purcell commented that building owners should modify the facades of their buildings to accommodate patio seating areas and that entry doors should open inward rather than outward onto the sidewalk. Nancy Gardner commented that the fire code requires that building entry doors open outward toward the sidewalk. Pocket Park Ed Selich reported the concept of a "pocket park" on the triangular section of land on the property occupied by Hobie Sports. The pocket park would consist of landscaping and a terraced seating area. MOTION: 19 Ali Zadeh moved to pursue the investigation of a "pocket park" on the property occupied by Hobie Sports. Keith Dawson seconded and the motion was approved by unanimous consent. E. Administrative & Financial Report Scott Palmer presented the BID's year -to -date Profit & Loss and Balance Sheet and indicated that the BID presently has $155,000 cash on hand and that $99,000 of the anticipated receipts from BID dues had been received. He added that the BID's year -to -date expenses of approximately $50,000 were on track with the budget. MOTION: Scott Laidlaw moved to approve the financials; Jim Walker seconded and the Motion was approved by unanimous vote. Bylaws Update No report F. Marketing / Outreach Report Fall Marketing Campaign In the absence of Linda Leonhard who is out of town, Bernie Svalstad reported that six full page ads ran during October in the Daily Pilot, the Newport Independent and in the Laguna Beach Independent. The ads introduced the BID's qR Code which directs consumers to the BID's website where an incentive is offered for "Enter to Win" tickets to the Christmas Walk Opportunity Drawing. Bernie reported that web page visitor spikes coincided the publication of the full -page ads. Bernie reported that he presented the Beautification Award to The New Port Theater at the Chamber's luncheon at Five Crowns. Avila's El Ranchito will be receiving its beautification award on October 3oth at the Chamber mixer. Bernie reported that the BI D's marketing materials for the Christmas Walk include Information Brochures, merge lane posters and banner. Inquiry was made if the BID would like anything else developed (such as the interactive poster) for the Christmas Walk. Bernie indicated the need for BID volunteers to work the BID's booth at the Christmas Walk between 11:0o a.m. and 4:00 P.M. CDM Chamber Report - No report. 6. CORONA DEL MAR BID ANNOUNCEMENTS - FUTURE AGENDA ITEMS How can pedestrian crossing of PCH be improved? 7. ADJOURNMENT The meeting was adjourned at 9:12 a.m. Next meeting: November z9, zoiz 0 4��wrokr, ` ER+ J CITY OF NEWPORT BEACH Municipal Operations Department Tree Removal or Reforestation Application Per City Council Policy G -1 (Retention or Removal of City Trees), I am renaestine 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 6:00 p.m, in the Council Chambers. oRCNtb -i1€&u Indicate the nuittber acid specie(s),(if kno)vn) of h•ee(s). Located at; �)(iQ5 �i Caf�St �1%11tV�11ty �d(ZU(3i lQU MAC Cf) 42.02 Please be as specific as possible Requestor Property Owner Community Ass Other!�)— Signature: Print Name: Address/ Phone (Daytime) / Email 4343 VOU V�amP& Qve, --231 rzkinp fi Z �Fv usc u n1( uc� o,r orn 14WO 4!A l -04JU1 Date: GCh, �,� , 'ZQiL If this is a reforestation request proceed to the reverse side of this form Section A. For Tree 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, servers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities or foundations. ,(*Greater than $510) 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 fall, 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 association beautification program. Revised December 2011 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 initiat d b Property Owner Coninunity Association Other Check all items applicable: 9Trcc(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 minimmu of 60% of the property owners within the area defined. CPueas represented by a Iegally 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 tree(s) removed in reforestation projects. Replacement tree(s) shall be a minimum size of 36" boxed tree and cost $575 per typical tree or $775 per specialty tree, unless the parkway space will not accommodate a 36" 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 Gl for additional information. Requestor Comments: Removals, except emergency, will be subject to the notification processes, time frarues and authority as specifier) is the City Council G -I Policy. Revised December 2011 TO: Deputy Municipal Operations Director FROM: Parks /Trees Superintendent SUBJECT: Tree Removal Review - HOA Reforestation PROPERTY OWNER(S) / REQUESTER INFORMATION: Name: The New Port Theater (TNT) Tree Location(s): 2905 Coast Hwy E / Front -1 November 19, 2012 The Corona del Mar Business Improvement District (CDM BID) is requesting removal of one City Hong Kong Orchid tree based on the criteria of the City Council Policy G -1, Reforestation of City Trees. TNT has agreed to incur the costs of the one tree removal and replacement of one 54" box size King Palm tree within the parkway. REPLACEMENT TREE(S): V YES DESIGNATED TREE(S): NO Archontophoenix cunninghamiana - King Palm DEPUTY MUNICIPAL OPERATIONS DIRECTOR - COMMENTS / RECOMMENDATIONS: 1A 2� S4 oAto l Signature: WAq— Date: RISK MANAGEN - COMMENTS / RECOMMENDATIONS: Signature: CITY MANAGER - COMMENTS / RECOMMENDATIONS: �)Ii_ Signature: "—N" 1 � Date: \, Date: M i z TREE INSPECTION REPORT Name: The New Port Theater (TNT) Tree Locations: 2905 Pacific Coast Hwy E / Front - 1 Request: The Corona del Mar Business Improvement District (CDM BID) is requesting of the Municipal Operations Department staff for the removal of one City Hong Kong Orchid tree based on the criteria of the City Council Policy G -1, Reforestation of City Trees. TNT has agreed to incur the costs of the one tree removal and replacement of one 54" box size King Palm tree within the parkway. Botanical /Common Names: Designated Street Tree: Estimated Trees Value: Damage: N/A Bauhinia blakeana - Hong Kong Orchid tree Archontophoenix Cunninahamiana - King Palm tree $700 Parkway: Concrete Brick Turf Other Comments: A field inspection confirmed one healthy City tree that has been topped and over pruned for many years to maintain the sign clearance. Inspected by: Date: November 19, 2012 John Conway, Urbaj Forester Recommendation: Forward the reforestation request to the Parks, Beaches Recreation Commission for review and approval. Reviewed by: "A Date: November 19, 2012 an P. ereno, Parks and Trees Superintendent ArborAccessOnline - newportbeach.wcainc.com Show/Hide.Map Prin[Report Inventory Detail Dist: 12 Address: 2905 PACIFIC COAST HWY /E Fictitious: No Location: Front -1 On Address: 2905 PACIFIC COAST HWY /E Species: Bauhinia 6lakeana, HONG KONG ORCHID TREE DBH /Height: 0 -6/ 15 -30 Parkway Size: 4 Utility Overhead: No Sidewalk Damage: No Recommended Maintenance: Grid Trim Estimated Value $700 WCA Work History Date Work Type Amount 3o6# 1(1/10/2012 Service Request Pruning $39.00 22387 10/3/2011 Service Request Pruning $39.00 19262 3/16/2011 Service Request Pruning $39.00 16792 7/8/2010 Service Request Pruning $39.00 16789 8/28/2009 Service Request Pruning $39.00 14397 4/24/2009 Service Request Pruning $39.00 12665 5/29/2008 Service Request Pruning $39.00 11064 6/29/2007 Grid Pruning $39.00 9762 7/24/2003 Service Request $39.00 6071 1/15/2003 Grid Trimming $39.00 5154 3/7/2002 Service Request $39.00 4184 6/8/2001 Plant 24" Box w/o RB $160.00 3581 Other Work History Date Work Type Crew Acct# Min Page 1 of 1 vm PCP 4¢a ,°x a's� tz keF `✓ Grunt V1 Howald pp 4� Pie z 96e 6 ;i 4ye m Bayside Dr Park May datd4)2012 -. http: / /newportbeach. wcainc.comlinventory /S earchResultsDetailPfintMap. asp ?TreelD =21... 11/16/2012 .1 r.• a I Comments on December 4, 2012 PB &R Agenda Items Comments by: Jim Mosher 2210 Private Road, Newport Beach 92660 (949- 548 -6229) 4) CONSENT CALENDAR Item A. Minutes of the October 2, 2012 regular meeting. I believe it's customary in most minutes to report both who made and who seconded the motions that are voted upon. It's unclear why PB &R minutes don't indicate who seconded the motions. Item B. Parks & Operations Division Activity Report. With regard to the two major pending park projects listed on page 1 (Sunset Ridge Park and Marina Park), the City's Quarterly Business Report ( http: / /newportbeachca.gov /gbr ) released at the Nov. 27 City Council meeting provides what, at least to me, seems a rather confusing status report: "With the recent Califomia Coastal Commission's approval of the Marina Park project, staff is currently working on getting an approved Coastal Development Permit and moving forward with the project design" (page 47, with similar language for Sunset Ridge on page 57). Since previous reports to PB &R had suggested that (with the possible exception of a possible "light house" tower feature at Marina Park) design and Coastal Commission approval of the Development Permits was complete, a clearer picture of the current status of and remaining hurdles facing these two projects might be helpful to the Commission and the public. With regard to the tree activity tables, it appears the excess of tree removals over tree replacements continues, although the trees shown being added along Irvine Avenue on the second page of the report will presumably be reflected in the November statistics. 5) CURRENT BUSINESS Item A. Special Tree Removal — Groves Bike Trail. The staff report seems remarkably cryptic for such a major request. I do not know that the request is wrong, but this stately row of mature "landmark" trees is a public asset that will not be easily, or inexpensively, replaced, and one assumes it would be disturbed only for exceptionally good reason. December 4, 2012 PB &R comments by Jim Mosher Page 2 of 3 As the Commission knows, this is the fourth major request to destroy City -owned Blue Gum eucalyptus trees, the previous three being on Irvine Avenue, Fourth Avenue and Holiday Road. In the first two instances tree failures had occurred (one with very tragic consequences) and there was a suspicion that road improvements may have damaged the tree's root systems. In the Holiday Road instance, the potential for damage from road work seemed slight and, due to an inability to accurately assess the state of the root systems, there seemed considerable doubt as the actual level of risk. As a result, in approving the "emergency" removal the City Council specifically requested some kind of "post - mortem" assessment to determine if the root systems really were in such a state as to require removal of the trees. To date I do not recall hearing the results of that assessment, and I continue to be concerned that staff may have improperly discounted the possibility of other measures that might have reduced the risk of wind failure: for example, topping, thinning or removing only selected trees. The latter feeling is enhanced by the observation that other municipalities in Orange County seem to have been able to retain similar historic windrows of Blue Gum eucalyptus, apparently either by using risk management measures discounted here, or by reaching different conclusions regarding the risk. I find the present staff report deficient in the following respects: 1. It is unclear from the report whether the request is to remove the entire windrow, or only select trees. I assume it is the latter since there appear to be more than 100 trees (134 according to Attachment 1 to Council Policy G -1), and the request is for 54. 2. The request appears to be precipitated by observation of some kind of disease or fungus; yet there is no indication of whether there is any kind of treatment available that might be less drastic (and /or less expensive) than removal and replacement. 3. Assuming only select trees are to be removed, it is unclear how the recommended action jibes with the previous statements that the root systems in a windrow are so intertwined that it is impossible to remove one tree without removing its neighbors. 4. The report refers to "four phases" of removal of replacement, but with no description I can find of what the proposed phases are, what size replacement trees are being proposed and so on. 5. The report specifies two non - native replacement trees with no explanation of why they were selected or what alternatives might be available, including why they would not be replaced with trees of the species specified in Council Policy G -1. 6. Although a complete copy of Council Policy G -1 is attached, it would have seemed helpful to indicate if the Commission's decision will be final, or if there are parts of it that are merely recommendations requiring further City Council action. The staff report says "affected community associations have been notified" and the map attached just before the PowerPoint presentation claims to depict the "Notified Properties" but it does not indicate notified properties in any fashion I can detect. December 4, 2012 PB &R comments by Jim Mosher Page 3 of 3 Item C. Reforestation Request — Port Theater. By suggesting to the Commission that the request by the Corona del Mar Business Improvement District (BID) is merely to remove and replace an existing Hong Kong orchid tree, the staff report misses an essential part of the request. As reflected on page 3 of the provided minutes of the BID's October 25, 2012 Board Meeting, the BID expects the existing tree to be relocated to a location in the District where a street tree is currently missing or damaged, and all of this, including the relocation, is to be done at the applicant's expense. As I understand it (from having attended the meeting), the reason for their recommendation was, in part, to avoid setting a precedent that might be perceived as disapproving of the village's foliage- bearing trees — a precedent under which business owners seeking better visibility of particular storefronts might eventually be able to have all the foliage- bearing trees removed and /or replaced with palms.