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HomeMy WebLinkAboutSS4 - Marine Ave Tree Maintenance - CorrespondenceRECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 ARBORGATE CONSULTING, INC. ANRORICUI TURF b /IORIICULIURI Resume for. Greg Applegate, ASCA Credentials American Society of Consulting Arborists - Registered Consulting Arborist #365 International Society of Arboriculture - Certified Arborist #W E -180a International Society of Arboriculture - Tree Risk Assessment Qualified -PNC -444 Mr. Applegate is an independent consulting arborist, CEO of Arborgate Consulting, Experience Inc. He has been in the horticulture industry since 1963, providing professional arboricultural consulting since 1984 within both private and public sectors. His expertise includes appraisal, tree preservation, diagnosis of tree and palm problems, decay quantification & evaluation, construction impact mitigation, forensic consulting and testimony, risk evaluation, pruning specifications and supervision, species selection, and tree health monitoring. Mr. Applegate consults for insurance companies, developers, theme parks, museums, homeowners, homeowners' associations, landscape architects, landscape contractors, property managers, attorneys, schools, universities and governmental bodies. Notable projects on which he has consulted are: Disneyland, Disneyland Hotel, DisneySeas-Tokyo, Disney's Wild Animal Kingdom, the New Tomorrowland, Disney's California Adventure, Disney Hong Kong project, Universal Studios, Knott's Berry Farm, J. Paul Getty Museum, Tustin Ranch, Newport Coast, Crystal Court, Newport Fashion Island Palms, Bixby Ranch Country Club, Playa Vista, MTA Purple and Expo Lines, MWD -California Lakes, Loyola-Marymount campus, Cal Tech, Cal State Long Beach, Pierce College, The Irvine Concourse, UCI, USC, UCLA, LA City College, LA Trade Tech, Riverside City College, Crafton Hills College, and the State of California review of the Landscape Architecture License exam (re: plant materials). Education Bachelor of Science in Landscape Architecture, California State Polytechnic University, Pomona 1973 Arboricultural Consulting Academy (by ASCA) Arbor -Day Farm, Kansas City 1995 Continuing Education Courses in Arboriculture required to maintain Certified Arborist status and for ASCA membership Professional Affiliations American Society of Consulting Arborists (ASCA), Registered Member American Society of Landscape Architects (ASLA), Full Member International Society of Arboriculture (ISA), Regular Member ASCA 2011 Nominations Committee and A3G appraisal update committee ASCA, Industry definitions committee 2009-2010 ASCA web site, west coast tree question responder (2007 and continuing) California Tree Failure Report Program, UC Davis, Participant (1995 to present) California Oak Foundation, Member (2009 and continuing) International Palm Society (IPS), Member (1977 and continuing) Street Tree Seminar (STS), Member (1978 and continuing) Community Affiliations Horticulture Advisory Committee, Saddleback College (1988-1995 SoCalif ASLA visibility committee 1980-82 UCLA Interior Landscape Committee 1987 Landscape Arch. License Exam prep, Instructor, Cal Poly Pomona (1986-90) American Institute of Landscape Architects Board of Directors (1980-82) California Landscape Architect Student Scholarship Fund -Chairman (1985) International Society of Arboriculture -Examiner -tree worker certification (1990) Guest lecturer at UCLA, Cal Poly, Saddleback College, & Palomar Junior College The Tree People (2000 and continuing) ARBORGATE CONSULTING, INC ARBORICULTURE & HORTICULTURE 1131 LUCINDA WAY, TUSTIN, CA 92780, PH. 714.731.6240, CELL: 714.292.7184, FAx 714.731.6138 Synopsis Marine Avenue Street Tree Evaluation Prepared by Greg Applegate RCA #365 Abrogate Consulting Assessment December 19, 2018 ■ Applegate's overall assessment is that Marine Ave trees are stable. ■ Compared to most other common urban street trees Lemon gums, red gums, flooded gums and Silver Mountain gums have very few bad characteristics and more good characteristics, such as less pavement lifting and sign blockage. ■ Lemon gums, red gums, flooded gums and Silver Mountain gums do not commonly shed large branches and toppling is very rare unless there is girdling or other root defects. ■ The majority of Marine Ave trees are rated in Good to Fair health (B & C) with "adequate to continued life" ■ Trees that are rated D are still recoverable. ■ There are a few trees recommended for monitoring due to their current "tree well" space. ■ Two eucalyptus and two other tree species are recommended for removal, they are tree #11, tree #19, tree #32 and tree #41. ■ Certain trees are listed in the report as not recommended for tree replacements. ■ Marine Ave trees have adapted to their unique coastal and sandy soil environment. ■ Some of the damage to the trees are from the city's poor maintenance over the years and current efforts to 'dress up' the tree wells (Astro Turf). ■ There are several items that needs to be addressed immediately for maintaining the health of the trees, such as removal of the plastic Astro Turf and brick inlay, and proper pruning. ■ Much attention has been given in the report to techniques and standards to preserve the trees health, especially during times of construction and pruning. ■ Unless any tree is noted as an immediate danger, D rated trees do not necessarily need to be removed -- but monitored. Jodi Patrich Balboa Island Resident RE: Tree assessment walk - Marine Ave. 10/04/18 Rick Harlow ISA Board -Certified Master Arborist WC3880 1918 Santa Ana Ave. Costa Mesa, CA, 92627 Per the request of Ms. Bole, I was asked to assess the current condition of the 42 street trees along the 2 blocks of Marine Ave. on both sides of the street. Knowing that I would not be able to assess the trees with the detail often used when preparing a formal Tree Report due to my current teaching schedule, I agreed to walk the street and give a professional opinion of the trees and their general health. The opinions generated in my one-hour walk are general in nature. Observations: The 42 trees observed are comprised of mostly Eucalyptus citriodora (26), Eucalyptus maculata (1) Eucalyptus nicholii (2), Eucalyptus rudus (8), Eucalyptus polyanthemos (2) along with 1 small Ginkgo biloba, 1 Spathodea campanulata, and 1 unknown (Pittosporum sp.) . Most of the Eucalyptus were in fair to good condition with evidence of some branch tip dieback on several the E. citriodora species. The estimated age was between 70 and 80 years for most of the larger Eucalyptus having grown into their surroundings over that time. There were 4 planting holes vacant. There was also an artificial turf covering over the planting squares covering the soil and wrapping up to the root crown area (trunk flair). I only observed what appeared to be lerp psyllid on one of the E. maculata, but the tree didn't seem to be damaged from the psyllid infestation and was in full leaf. The trees seemed to have been pruned regularly and were not showing any signs of needing structural pruning or maintenance thinning. Evidence of hard root pruning was evident on one tree (see picture) due to proximity to the curb. Opinions: Branch tip dieback is generally associated with root issues. The trees having grown into their spaces over many decades receive their water mostly when it rains as water percolates through the streets, sidewalks and planter openings. Having 7 of the last 10 years being droughty years with less than normal rainfall, and covering being placed over the planting holes in the last few years, my first guess would be lack of water to the roots as well as the benefits of rainfall leaching any excessive accumulated salts down away from the root systems. There was smaller than expected evidence of heaving and lifting from tree roots on the sidewalks and in the streets. Eucalyptus are uniquely fast growing and long-lived trees. E. citriodora are known to survive among limiting infrastructure and are not known to damage sidewalks like some other large species. The trees show signs of regular thinning and other than a few branch stubs being left behind on the tree, seem well visited by pruning crews. There were no signs of wood rot diseases that would signal immediate attention or pose a danger. I feel that the "Astro turf' should be addressed and removed. Tree root crowns need to be exposed to the air and kept dry and injury free and this addition cannot be doing the trees any good and might be contributing to issues mentioned previously. The trees showing tip dieback should be regularly monitored allowing for proactive decisions to both help the trees and maintain public safety. A thorough Tree assessment report should be perused prior to any major changes to the trees' surroundings. This would allow full information to any potential concerned parties. Rick Harlow Street scene looking North Astro turf covering root crown The worst of the branch observed Root Pruning March 4, 2019 Re: Notice of Tree Trimming- Marine Ave Bee: Balboa Island Preservation Supporters Dear Honorable Mayor, In October 2019 a preliminary poll of almost 700 citizens of Balboa Island have expressed their concern to maintain the quaint and 100 -year historical look of Marine Ave on Balboa Island and because of this concern have formed the Balboa Island Preservation Association. A key part of this concern extends to the preservation of our mature and City of Newport Beach designated `Special Trees' located on Marine Ave. In addition, these citizens have also contributed personal funds to hire a recognized independent arborist to visit the site and evaluate each of the Marine Ave trees. They have also extended this effort to secure a second opinion by another well recognized arborist who substantially agrees with the opinion of the first expert. One of the important findings was the trees have been excessively pruned, improperly pruned and best tree practices are not being utilized in maintaining the Marine Ave trees. The Balboa Island Preservation Association has just recently learned that plans are under way to have Great Scott Tree Service trim these trees again the week of March 11, 2019. Although our trees are in stable condition, the Association and residents of Balboa Island are presently conducting further investigations of the situation to establish and incorporate important and proven guidelines for tree preservation, safety and proper pruning practices of our Special Trees. (Please refer to the attached tree assessment report pages 3, 4, 9 and page 14 -pruning) We believe that additional pruning, as done in the past, will put at further risk the health of our Special Trees, as well as change the quint and historical look of Maine Ave. As a consequence, we hereby request that you declare an immediate moratorium on the March tree trimming on Marine Ave to both allow the trees to recover from previous pruning practices and, until such time, we can coordinate our wishes with the City of Newport Beach. I appreciate your sensitivity and response to the request of this citizen group. Jodi P. Bole, Co -Chair— Balboa Island Preservation Association Attached: Marine Ave. Tree Assessment Report Mike Smith , Irvine Terrace The Balboa Island Trees Strip the Marine Avenue trees? Wow! That's quite a change from the Marine Avenue I grew up with. My father, Hal Will Smith, a realtor for more than 50 years at 205 Marine planted those eucalyptus trees around 1926 to give the street some life, some interest and some shade. I'm glad he is not here to see this change. He would be appalled by the city's vision that looks like a cheap carnival midway. As an aside, I'd note that over the years dad gave well over 5000 palm trees to the city and they seem to be doing well all over town. But beauty is in the eye of the beholder. If that's what Island residents want, then so be it. But were they asked? I own property on the island and I don't remember being asked. I think the trees are a much-needed welcoming element that many of us appreciate. Coming over the bridge, I get a calming vibe from the trees (even on busy summer weekends). The trees provide shade and dramatically soften a (still) narrow, commercial street. I confess that I don't know why the city would pull those beautiful trees that can never be replaced. But cities do things for strange reasons. I hope that beauty will prevail. Before I go, let me offer another bit of Marine Avenue history. When you are walking along Marine Avenue, take a look at the seam in the cement about 4 feet from the curb. Dad, and half a dozen other early Marine Avenue business owners (circa 1935) realized that Marine Avenue was way too narrow for a main street. It was the same width as other island streets. Think about that! This small group approached all the property owners on both sides of Marine and asked that they donate four feet of their property to widen Marine. They all said YES! You and I are the beneficiaries of that effort. Would that be possible today?. That's why the tree issue is important. There is no going back. In a few years it will be impossible to return tall shade trees to the Marine Avenue we enjoy today. Report for Balboa Island Marine Avenue Survey Response Counts Completion Rate: 100% Complete Totals:684 1. Do you favor the Quaint Historical look or do you favor the Classic Contemporary look for Marine Avenue on Balboa Island? 100 80 60 c a) U N CL 40 20 0 Value I favor the Quaint Historical look I favor the Classic Contemporary look I favor the Quaint Historical look Percent _ 94.6% I favo r the Classic Contemporary look 1 5.4% Email Statistics 0 Total Emails 0 Unsubscribed No data todisplay 0 Completed 0 Bounce d RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Randy Mcilwain To: Dept - City Council Subject: balboa island - marine ave Date: Thursday, August 8, 2019 5:12:05 PM everyone that I've talked to is OUTRAGED at the city plans to ruin our beloved island charm. I can see the value in upgrading the infrastructure, but return it to a RESTORED condition. I'm 76 years old I have sadly seen Newport Beach being converted from a friendly, warm neighborhood to a Las Vegas wannabe. please, PLEASE, please leave our charming island alone ! ! ! repair if you must but don't mess with a gem. please look at our feelings regarding your planned attack--- hLtps://www.facebook.com/groups/NBB40C/ RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Hillary Niblo To: Dept - City Council Subject: Balboa Island Date: Thursday, August 8, 2019 8:02:47 PM I understand the City wants to drastically change the appearance of Marine Ave on Balboa Island. Residents of Newport Beach do not want this! AND there is no reason for this!! We want to keep our historic Marine Avenue trees and maintain the quaint, historical character of Marine Avenue. The charm of old Newport Beach has been gobbled up left and right by greedy developers, replaced by boring, trendy buildings and retail areas. This is unwanted on Balboa Island. Please leave this neighborhood alone ... if it isn't broken, don't mess with it! The only negative thing on Marine Ave now is the plethora of $19 and under junk clothing stores and salons whose employees stand in the doorways harassing passers by with `free' trials and encouraging them to come in and try their products. Thank you. Hillary Niblo 53 yr Newport Beach Resident 5 year previous Balboa Island Resident RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Dan Abbott To: Dept - City Council Subject: Tree removal Date: Thursday, August 8, 2019 9:02:45 PM I am against removing the trees on Marine Avenue. Dan Abbott 804 So. Bay Front, Balboa Island Sent from my Whone From: To: Subject: Date: carolek7Ca aol.com DDe t - City Council Marine Ave trees Thursday, August 8, 2019 11:06:52 PM RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 Dear City Council, I am opposed to the plan to remove trees from Marine Ave on Balboa Island. I live above the island in Irvine Terrace. The trees are such a great touch to the avenue and I think they do everything to enhance it. The trees have already been removed from the parking lot on the corner of Bayside and Marine (the plastic surgery building). Sadly the property now has a pay to park, even on the weekends when the offices are closed. It's sad that people that want to attend church on the island now have to pay to park. Probably greed I guess. I have also seen many other trees disappearing around Newport Beach. The city wasting money on a project the residents of the island are against seems odd. Is there a safety issue involved or some people just wanting to "update" a great looking street. So many who come to visit the island love the charm and style, please don't mess with it, it's already perfect. Thank you, Carole King 1721 Galatea Terrace CDM RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Jennifer Drake <j_drake119@icloud.com> Sent: Sunday, August 11, 2019 5:49 PM To: Dept - City Council Subject: Marine Avenue Balboa Island tree removal Dear City Council, We are residents of Balboa Island and we oppose the removal of the Lemon Gum Eucalyptus trees on Marine Avenue. They are part of the historic look of Balboa Island. They bring shade, beauty and serenity to the island. Please DO NOT REMOVE the Lemon Gum Eucalyptus trees. Thank You, Sincerely, Dan and Jennifer Drake Sent from my iPad Sent from my iPad RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Valerie Price <v.price.777.vp@gmail.com> Sent: Sunday, August 11, 2019 10:49 PM To: Dept - City Council Subject: Keep the Trees PLEASE... Dear City Council Members, The removal of the beautiful trees on Marina Avenue would be a huge mistake for ALL the reasons mentioned in the discovery and reports of the plan to do away with the trees vs. keeping them. These historic trees are not diseased, a safety concern or have any other type of negative that they need to be removed. Some people just can't leave things alone. They seem to want change our little town for no reasonable reason! Do you all walk down Marina Ave? I do and have for many many years, like so many people, we love the trees. So, do the tress have issues? No! Do the right thing and preserve the trees, take care of our history, don't destroy it .... geez, what next??? Please keep these trees. My property will be devalued as everyone else's will be. That is shameful.... Thank you for saving the trees. I am out of town or I would be at the upcoming meeting. Sincerely, Ms. Price RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Brent Hardman <beachbumbrent@verizon.net> Sent: Monday, August 12, 2019 6:35 AM To: Dept - City Council Subject: Balboa Island trees I lived on the Island for many years and visit often. Please don't destroy the beautiful look in Marine Sent from my iPhone RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Deborah Powell <debbiepowell@me.com> Sent: Monday, August 12, 2019 8:02 AM To: Dept - City Council Subject: PLEASE DON'T REMOVE THE TREES! Dear Council As a frequent visitor to Balboa Island now since 1994, and a former business owner on the Peninsula, I implore you to NOT take down the trees! This street is what is left of traditional Balboa and the trees add beauty character, oxygen and a little bit of shade. This street without trees will just become another street with stores. I am sure there is a way to do the improvements to the sidewalks and streets while keeping the trees. I wish I could make the council meeting but I will be traveling for work so want to make sure my voice is heard. Sincerely, Debbie Powell RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Sonia Derryberry <soniaderryberry@gmail.com> Sent: Monday, August 12, 2019 8:05 AM To: Dept - City Council Subject: Balboa Island Marine Ave Trees My family Visits Balboa Island every fall and we really enjoy driving over the bridge to be welcomed by the Marine Avenue tree -lined street please please please do not remove these beautiful trees there have been studies showing they are not diseased. Thank you Sonia Derryberry 661-204-4161 soniaderryberry@gmail.com Miramar International Riverwalk 10800 Stockdale Hwy #101 Bakersfield CA 93311 RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Kim Csongor <KimCsongor@comcast.net> Sent: Monday, August 12, 2019 8:50 AM To: Dept - City Council Subject: Balboa Trees Please don't cut down the Marine Avenue Balboa trees :) RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Martha Beauchamp <mimi4x@aol.com> Sent: Sunday, August 11, 2019 10:32 AM To: Dept - City Council Subject: Trees on Balboa Island Please keep Balboa Island as is. Removal of the beautiful eucalyptus tree for a bike rack is bad enough, but removal of all trees would be a travesty. Martha Beauchamp Newport Beach resident for 45 years Mimi4x@aol.com RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Jamie Young <jamiepainteryoung@gmail.com> Sent: Sunday, August 11, 2019 5:03 PM To: Dept - City Council Subject: Balboa Island Marine Ave Trees I was just informed of your horrific plan to remove perfectly healthy 100 year old Eucalyptus trees on Marine Ave. on Balboa Island without any scientific backing for them posing a danger. How dare you! Please stop this madness. They are an integral part of what makes the street so scenic, not to mention providing valuable shade. And until you can provide data that shows they pose a danger, I beg you to cease this awful plan. The city has already ruined the scenic and historic Fun Zone. Now you want to do the same for Balboa Island. Shame on you. Jamie Young 205 Ruby Ave. Balboa Island RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: RThomas <rtnaff@sbcglobal.net> Sent: Sunday, August 11, 2019 3:59 PM To: Dept - City Council Subject: Balboa Island Trees As a long time Newport Beach resident and Balboa Island visitor, I am appalled City Council would not perform better due diligence before making such a decision as removing the trees along Marine St. Step back, perform thorough risk analysis before you start destroying trees and affect the ambience and lifestyle on Balboa Island. Roger Sent from my iPad RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Mark Hurray <markhurray@gmail.com> Sent: Sunday, August 11, 2019 2:51 PM To: Dept - City Council Subject: Save Marine Ave. Importance: High As a long time resident of Balboa Island (46 years), property owner, patron to many of the islands shopping and dining establishments I urge the city council re -think their "plan" to remove the trees lining Marine avenue. If in fact at some point these trees pose an actual danger, I'd suggest they be replaced with younger trees of the same type. As a resident and voter in the area, maintaining the historic charm of Balboa Island and Marine avenue in particular is of primary concern. Mark RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Ravi Lai <lairavi@yahoo.com> Sent: Sunday, August 11, 2019 8:41 PM To: Dept - City Council Subject: Trees on Marine Avenue Dear City Council Open your Eyes, enjoy the shade and the beauty of the trees that adorn our beautiful City and Sidewalks. Cutting down and removing these iconic trees will only destroy the charm and beauty of our wonderful landscape. Save our money and put it to better use where needed elsewhere Dr.Lai Sent from Yahoo Mail on Android RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Susan Painter <suepainter123@gmail.com> Sent: Sunday, August 11, 2019 5:48 PM To: Dept - City Council Subject: Marine trees Shame on you! Who cuts down perfectly healthily trees? If you want to beautify Marine this is not the way to go about lt.How about getting a scientific report on the condition of the the trees before declaring them a safety hazard.This reason makes no logical sense.An angree Island resident. SUE Painter Ruby Ave.l ok I RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Jennifer Drake <j_drake119@icloud.com> Sent: Sunday, August 11, 2019 6:11 PM To: Dept - City Council Subject: Fwd: Marine Avenue Balboa Island tree removal Dear City Council, Addendum to earlier email: We are writing this letter NOT only as residents of Balboa Island but also property owners. We feel the removal of the trees on Marine Avenue would diminish the tranquil and historic atmosphere of the island. Ultimately decreasing property values. Please take the Balboa Island residents and property owners wish's into great consideration. Thank You, Dan and Jennifer Drake Sent from my iPad Begin forwarded message: From: Jennifer Drake <j drakel 19gicloud.com> Date: August 11, 2019 at 5:50:03 PM PDT To: Jennice Cerrina <jbo langjimssupplcom> Subject: Fwd: Marine Avenue Balboa Island tree removal Sent from my iPad Begin forwarded message: citycouncilna,newportbeachca, gov From: Jennifer Drake <j drakel 19gicloud.com> Date: August 11, 2019 at 5:49:21 PM PDT To: cit council ,newportbeachca.gov Subject: Marine Avenue Balboa Island tree removal Dear City Council, We are residents of Balboa Island and we oppose the removal of the Lemon Gum Eucalyptus trees on Marine Avenue. They are part of the historic look of Balboa Island. They bring shade, beauty and serenity to the island. Please DO NOT REMOVE the Lemon Gum Eucalyptus trees. Thank You, Sincerely, Dan and Jennifer Drake Sent from my iPad RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Lee Pearl <smartpearI1@hotmail.com> Sent: Sunday, August 11, 2019 7:56 PM To: Dept - City Council Subject: FYI Attachments: IMG_6575 jpg; ATT00001.txt; IMG_6574jpg; ATT00002.txt Mayor and Council: If you have not seen this card it has been distributed on the Island. Lee Pearl ,w. v M 0 fl, I" M N" =-TMNMM (A -a m M z m m z c m w m n 0 ;a m _ Z (A --I 0 0 rn own #am 3 11 0 tIr Mr, =-TMNMM (A -a m M z m m z c m w m n 0 ;a m _ Z (A --I 0 0 rn own #am 3 11 0 I 0 e --F II3 D cD N v OL) Q 0 rt 0 W O O O C N �D d rt N z CO G O 3 rF tD A O 3 M m 3 rr m < o' c N rt n r+ d RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: veronica kitchen <rhonni@mac.com> Sent: Saturday, August 10, 2019 7:46 AM To: Dept - City Council Subject: Marine ave trees Please do not remove the trees From Rhonni RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Gary Dial <dial7272@gmail.com> Sent: Saturday, August 10, 2019 12:23 PM To: Dept - City Council Subject: Balboa Island street trees Leave them alone. Gary Dial Newport resident 60 years. RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Kerry Hacker <kerry25@me.com> Sent: Friday, August 09, 2019 6:26 PM To: Dept - City Council Cc: Bobbit Williams Bill; Bridge Singelyn Lillian; normaap36@yahoo.com; Bryden Stephanie; Dean Hacker; Hacker Birthdays Carole; Whipple Carol; Dupicate Bridge Carol Berg; Encore Nancy Chaix; suel0lee@gmail.com;janelarkin2002@gmail.com; Bridge Beverly Sobraske; smays206@gmail.com; Susie Gallager Subject: Trees on Marine Avenue Please do not remove trees. They are beautiful, good for the environment and the air we breathe. There Is enough concrete in Newport Beach let's keep it a green city. Please share this Sent from my iPad RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: catscmalbums@earthlink.net Sent: Saturday, August 10, 2019 8:42 PM To: Dept - City Council Subject: Marine Avenue trees +AMDG+ Please do NOT remove these beautiful and historic "lemon gum" trees from Marine Avenue. They are part of the beautiful charm of Balboa Island and you would be doing a great disservice, not only to the local residents, but to all of us who are part of the Island community via our weekly lives. The tress are healthy, beautiful, and a benefit to the allure of the island. Let them alone. We are sick of "planter boxes" and "palm trees. These belong here. Best regards, Cathleen Sweeney catscmalbums@earthlink.net RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Kallao, Franz <fkallao@mgmresorts.com> Sent: Friday, August 09, 2019 9:14 PM To: Dept - City Council Subject: Marine Avenue Trees Please -DO NOT REMOVE THEM! What could possibly be a good reason for this? RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: David Rose <david@melroseind.com> Sent: Sunday, August 11, 2019 12:04 AM To: Dept - City Council Subject: Trees on Marine Ave, Balboa Island Realizing that there are infrastructure issues that have to be addressed on Marine Ave, I'm sure there's a reasonable way to do so without destroying its present character. This character (charm) gives us a cozy feel, helps the merchants along Marine Ave. and helps maintain our property values. We're adding our voice to the many others that ask our elected officials to do what we the people are asking you to do. Thank you for your attention and affirmative action. Rgds, Arlene & David Rose 318 Amethyst Ave. Balboa Island RECEIVED AFTER AGENDA PRINTED AUGUST 13, 2019 AGENDA ITEM NO. SS4 From: Nelson, Jennifer Sent: Monday, August 12, 2019 4:22 PM To: Brown, Leilani; Mulvey, Jennifer Subject: FW: The Trees on Marina Ave Attachments: Re: Keep the Trees PLEASE... And one more... Jennifer Nelson Assistant City Clerk City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 949-644-3006 inelson(a-)newportbeachca.,Lov Please note that email correspondence with the City of Newport Beach, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. N�,War,kr From: Valerie Price <v.price. 777.vp@gmai1.com> Sent: Monday, August 12, 2019 4:15 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: The Trees on Marina Ave This what the article reports.... Seems pretty straight forward... The city of Newport Beach has announced its plan to remove heritage Eucalyptus trees which have graced iconic Marine Avenue on Balboa Island since the 1920s - the first 10 trees to be removed by the end of the year and 17 more in 2020-21. They are justifying this plan on the excuse that the trees pose a high risk to residents and passersby. They base this analysis on a visual review of the trees by a municipal arborist and without performing an actual risk assessment. A standard ANSI Level 3 Risk Assessment would include customary testing (e.g., pull test, tilt sensors, root crown excavation, sonic tomography etc.). The city has done no public testing of the trees. Conveniently, tree removal fits in with the city's plans to "rehabilitate" Marine Avenue with new streets, sidewalks, drains, lighting, landscaping, etc. City staff appears to have been determined to replace the iconic trees from the beginning of this program. In their March 23, 2018 report, their "Initial Observations" included the unsupported statement of "Aging trees in decline" and stated that the "trees must be replaced." In their later Marine Avenue Reconstruction Project Update posted on the city website, they again included without discussion "Tree replacements." Learning of these plans, concerned residents contacted Richard Harlow, Chairman of the Horticulture Department at OCC and a Board -Certified Master Arborist, who reviewed the trees and stated that the Marine Ave. historic lemon gum eucalyptus trees are well suited for their location and have long life spans. He saw "no signs of wood rot diseases that would signal immediate attention." It should be noted that Marine Avenue does NOT have any blue gum eucalyptus trees, the entirely different species which once lined Irvine Avenue. Blue gums are not good street trees and, in addition to the incident on Irvine Avenue, have generated 268 failure reports to the Western Tree Failure Database (WTFD). In contrast, the yellow gum tree is recommended as a street tree by Southern California Street Tree Inc. and has generated very few reports since the WTFD was created in 1987. Balboa Island Preservation Association (BIPA) commissioned Certified Arborist Greg Applegate of Arborgate Consulting to perform an in-depth evaluation of the Marine Avenue trees. Applegate is a highly respected arborist and the very first certified tree risk assessor in California. He consults on large-scale, complex tree projects for organizations such as UCI, USC, Disney, ) Paul Getty Museum and the State of California. Greg reported that "(c)ompared to most other common urban street trees [Marine Avenue's yellow gum eucalyptus] have very few bad characteristics and more good characteristics, such as less pavement lifting and sign blockage... they do not commonly shed large branches and toppling is very rare." Applegate recommended that the city "Preserve and protect as many lemon gums as possible." On hearing of the Applegate report, city staff hired their own paid arborist, Walt Warriner. Warriner's recommendations are a complete contrast to the professional arborist opinions obtained by BIPA. Safety is of paramount importance to us all so Balboa Island Preservation Association hired yet a third arborist to review Warriner's conclusions. Among other things, the resulting report describes Warriner's evaluation as subjective, contrary to highly credentialed independent consulting arborists, ignoring potential risk reduction strategies and lacking any risk assessment testing to support his claim. It appears that history is repeating itself. A longtime Island resident informed BIPA that city staff tried the same gambit over twenty years ago - claiming that the Marine Avenue trees were diseased and needed to be immediately replaced. Past city officials put a stop to it then and the Island has enjoyed twenty more years of the charm and environmental benefits of the historic trees. The city's attack on Marine Avenue's cherished heritage trees threatens not just the natural environment and historical character of Balboa Island, but Island property values as well. Studies show that mature tree lined streets attract buyers, shoppers and tenants, and command premium real estate prices. Conversely, removal of mature trees can reduce property values by up to 10 to 20 percent! ►a The Balboa Island Preservation Association believes the following immediate actions are required: 1. A moratorium on tree removal, trimming and replacement on Marine Avenue, except in case of immediate hazard to public safety based upon a standard ANSI Level 3 Risk. Assessment. 2. Creation of a Marine Avenue Preservation Committee to have meaningful input on behalf of the stakeholders to all decisions regarding landscaping (including tree maintenance and replacement), design, and construction of infrastructure and other"improvements" that could impact the historical character of Marine Ave. 3. Strict compliance with the city's existing tree policy (G-1) which has specific requirements for the treatment, retention and replacement of the Marine Avenue heritage trees, and which has been disregarded by city staff to date. Marine Avenue is the historic jewel of Newport Beach and attracts worldwide attention, due to its rich history of past movie stars, bohemians and sailors and current movies and television such as The OC and Arrested Development. It is promoted as charming, historical and unique by media outlets, local and international real-estate companies, Trip Advisor and more. Walking down the tree -shaded sidewalks of Marine Avenue, and grabbing a world- famous Balboa Bar or Frozen Banana, is THE iconic Newport Beach experience. Historic Marine Avenue is THE iconic Newport Beach location. If the city destroys what makes Balboa Island special, it would not just be a problem for the residents and shopkeepers of Balboa Island, but for the restaurateurs, merchants and hoteliers of Newport Beach. In addition, we risk unfavorable national and even international attention as well as reduced property values and adverse economic consequences to the city. How is it that other cities in the entire country can provide infrastructure services to historical areas with a preservation engineering approach, but the city of Newport Beach is incapable or unwilling to do the same? As another wise iconic figure once said: "One cannot and must not try to erase the past merely because it does not fit the present" — Golda Meir City Council has scheduled a study session on Tuesday 4 - 6 p.m., in council chambers at City Hall, 100 Civic Center Drive, to discuss the future of the Marine Avenue trees. It is important that all concerned residents, visitors, property owners, business owners, and others who care about the well-being of Marine Ave attend this meeting. If unable to attend, we ask that you email the City Council with your thoughts at citycouncil@newportbeachca.gov Jodi P. Bole Founder, Balboa Island Preservation Association 3 Valerie Price On Sun, Aug 11, 2019,10:49 PM Valerie Price <v.price. 777.vpgmail.com> wrote: Dear City Council Members, The removal of the beautiful trees on Marina Avenue would be a huge mistake for ALL the reasons mentioned in the discovery and reports of the plan to do away with the trees vs. keeping them. These historic trees are not diseased, a safety concern or have any other type of negative that they need to be removed. Some people just can't leave things alone. They seem to want change our little town for no reasonable reason! Do you all walk down Marina Ave? I do and have for many many years, like so many people, we love the trees. So, do the tress have issues? No! Do the right thing and preserve the trees, take care of our history, don't destroy it .... geez, what next??? Please keep these trees. My property will be devalued as everyone else's will be. That is shameful.... Thank you for saving the trees. I am out of town or I would be at the upcoming meeting. Sincerely, Ms. Price Received After Agenda Printed August 13, 2019 Item No. SS4 Subject: FW: Marine Avenue Trees Attachments: Marine Avenue Trees -----Original Message ----- From: John Schram <lasenby327@surfree.com> Sent: Tuesday, August 13, 2019 12:09 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Marine Avenue Trees Afternoon Resident of CDM off and on since 1957 1 urge you not to remove trees in middle of night as you did on the Peninsula Count my wife and I as two votes against removal John Schram 611 Acacia CDM Sent from my Whone Received After Agenda Printed August 13, 2019 Item No. SS4 From: Thomas E <tjeastmond@msn.com> Sent: Tuesday, August 13, 2019 2:00 PM To: Dept - City Council Subject: Marine Avenue lemon gum trees Dear Councilmembers, I am informed that the City is planning to remove the historic lemon gum eucalyptus trees that grace Marine Avenue on Balboa Island. Please reconsider. Marine Avenue is one of our family's favorite places, in the City or anywhere, and the tall, open trees are a major part of its charm. As I understand it, these trees are different from the more brittle and potentially dangerous blue gum eucalyptus that the City has declared horticultural war upon. Even if the City were to choose another beautiful tree species (as opposed to its poor choice in the tree replacement along Irvine Avenue, where the Canary Island palms were a poor, South County -master -planned fit for the more organic Harbor Highlands/East Costa Mesa neighborhood where I grew up), it would take years for the trees to mature. It ain't broke. Don't try and fix it. Very truly yours, Thomas Eastmond, Esq. 404 Vista Roma Newport Beach, CA 92660 (949) 283-1503 Jodi Patrich Balboa Island Resident RE: Tree assessment walk - Marine Ave. 10/04/18 Received After Agenda Printed August 13, 2019 Rick Harlow Item No. SS4 ISA Board -Certified Master Arborist WC3880 1918 Santa Ana Ave. Costa Mesa, CA, 92627 Per the request of Ms. Bole, I was asked to assess the current condition of the 42 street trees along the 2 blocks of Marine Ave. on both sides of the street. Knowing that I would not be able to assess the trees with the detail often used when preparing a formal Tree Report due to my current teaching schedule, I agreed to walk the street and give a professional opinion of the trees and their general health. The opinions generated in my one-hour walk are general in nature. Observations: The 42 trees observed are comprised of mostly Eucalyptus citriodora (26), Eucalyptus maculata (1) Eucalyptus nicholii (2), Eucalyptus rudus (8), Eucalyptus polyanthemos (2) along with 1 small Ginkgo biloba, 1 Spathodea campanulata, and 1 unknown (Pittosporum sp.) . Most of the Eucalyptus were in fair to good condition with evidence of some branch tip dieback on several the E. citriodora species. The estimated age was between 70 and 80 years for most of the larger Eucalyptus having grown into their surroundings over that time. There were 4 planting holes vacant. There was also an artificial turf covering over the planting squares covering the soil and wrapping up to the root crown area (trunk flair). I only observed what appeared to be lerp psyllid on one of the E. maculata, but the tree didn't seem to be damaged from the psyllid infestation and was in full leaf. The trees seemed to have been pruned regularly and were not showing any signs of needing structural pruning or maintenance thinning. Evidence of hard root pruning was evident on one tree (see picture) due to proximity to the curb. Opinions: Branch tip dieback is generally associated with root issues. The trees having grown into their spaces over many decades receive their water mostly when it rains as water percolates through the streets, sidewalks and planter openings. Having 7 of the last 10 years being droughty years with less than normal rainfall, and covering being placed over the planting holes in the last few years, my first guess would be lack of water to the roots as well as the benefits of rainfall leaching any excessive accumulated salts down away from the root systems. There was smaller than expected evidence of heaving and lifting from tree roots on the sidewalks and in the streets. Eucalyptus are uniquely fast growing and long-lived trees. E. citriodora are known to survive among limiting infrastructure and are not known to damage sidewalks like some other large species. The trees show signs of regular thinning and other than a few branch stubs being left behind on the tree, seem well visited by pruning crews. There were no signs of wood rot diseases that would signal immediate attention or pose a danger. I feel that the "Astro turf" should be addressed and removed. Tree root crowns need to be exposed to the air and kept dry and injury free and this addition cannot be doing the trees any good and might be contributing to issues mentioned previously. The trees showing tip dieback should be regularly monitored allowing for proactive decisions to both help the trees and maintain public safety. A thorough Tree assessment report should be perused prior to any major changes to the trees' surroundings. This would allow full information to any potential concerned parties. Rick Harlow Street scene lookinfz North The worst of the branch observed Astro turf covering root crown Root Pruning G-1 RETENTION, REMOVAL, AND MAINTENANCE OF CITY TREES Goal of Policy To establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest with an inventory that the City can reasonably maintain in a healthy and safe condition through the efficient use of City resources. To require that in approving any tree removal or reforestation request, the Parks, Beaches and Recreation Commission ("Commission ") shall find that the tree removal request will not adversely impact the overall inventory, diversity and age of the City's Urban Forest. Purpose The purpose of this policy is to establish definitive standards for the retention, removal, maintenance, reforestation, tree trimming standards, and supplemental trimming of City trees. City trees are an important part of the character and charm of the entire City and provide environmental benefits as well. Regular care, trimming, root pruning, maintenance, and programmed replacement are necessary to preserve this charm while at the same time protecting views consistent with City Council Policy G-3, providing personal safety, and preventing public and private property damage and providing a sustainable urban forest. The City classifies public trees in one of three categories: Special City Trees, Problem City Trees, and Standard City Trees. I. SPECIAL CITY TREES It is the City's policy to retain Special City Trees ("Special Trees') categorized as Landmark, Dedicated, or Neighborhood trees, because they have historical significance, and/or contribute to, and give character to, a location or to an entire neighborhood. Landmark, Dedicated, and Neighborhood trees are identified by species in Attachment 1, and shall hereinafter be collectively referred to as Special Trees. Trees within these three categories shall be identified, mapped, recorded and administered by staff for the Commission. When staff proposed modifications, the Commission shall review the Special Tree list and forward recommendations for additions or deletions to the City Council for approval. Landmark Trees are identified as those individual Special Trees that possess historical significance by virtue of their size, age, location, or species. 1 G-1 Dedicated Trees are Special Trees donated in the memory of specific individuals or organizations. Neighborhood Trees are Special Trees that by their unusual size, number, species, or location lend a special character to a residential, commercial, or business area. All Special Trees shall be retained, unless there are overriding problems which will require their removal such as death, disease, interference with infrastructure, or the creation of a hazardous situation. Prior to considering the removal of any Special Tree(s), the Municipal Operations Director, or designee, shall prepare a report identifying and implementing specific treatment to retain the tree(s). If specific treatment is unsuccessful or impractical in retaining a tree(s) then a full staff report shall be made to the Commission before any further action considering removal is taken. Prior to any removal of Special Tree(s), the City must comply with the noticing provisions of the Removal of City Trees Section set forth in Section W.A. of this Policy, unless a Special Tree is considered so hazardous as to necessitate an emergency removal. In the case of emergency removals, the Landscape Manager or the City Arborist shall have the authority to direct the removal of a hazardous tree. Long term, most trees reach maturity and decline, and will be replaced one- for-one with the same species or the closest equivalent wherever possible. During normal sidewalk, curb, and street repair activity requiring root pruning, all steps shall be taken to retain Special Trees. If tree roots are to be pruned in association with sidewalk, curb, and gutter improvements, sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both sides of a Special Tree's roots are to be pruned, one side should be pruned six months to a year in advance of the other side depending upon the species and other related factors. If root pruning methods are not practical and/or critical to the health of the tree, then alternate or special hardscape improvements should be considered by the City in order to retain the tree providing that costs are reasonable. All proposed root pruning or other tree treatment shall be evaluated and approved by the City Arborist. Special Trees may be considered for removal in conjunction with a City Council -approved beautification project utilizing the Removal of City Trees procedures noted in Section W.A. of this Policy. 2 II. PROBLEM CITY TREES G-1 A Problem City Tree ("Problem Tree") is defined as a tree that by virtue of its species causes excessive hardscape or utility damage due to its excessive root system. The following trees are defined as Problem Trees: • Ficus nitida (Indian Laurel Fig) • Ficus rubiginosa (Rusty Leaf Fig) • Ficus benjamina (Weeping Fig) • Erythrina caffra (Kaffirboom Coral Tree) • Fraxinus uhdei (Shamel Ash) • Cupaniopsis anacardioides (Carrotwood) • Liquidambar styraciflua (American Sweet Gum) • Schinus terebinthifolius (Brazilian Pepper) Problem Trees shall not be designated as City parkway trees on the Street Designation Tree List of City Council Policy G-6, unless they are Special Trees. Problem Trees that are not designated Special Trees may be removed for the following reasons: A. The Problem Tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from tree roots and causes significant documented private property damage (greater than $500.00) shall be sufficient criterion for tree removal; or B. The Problem Tree has had a repeated history of significant interference with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage; or C. The Problem Tree has created, in the opinion of the City Arborist, a view impediment that cannot be resolved by normal nor alternative tree trimming procedures. Problem Trees may be proposed for removal by either staff or private property owners. The Municipal Operations Director has the authority to remove Problem Trees. No more than 50 Problem Trees may be removed per year by staff under these criteria without special approval of the Commission. 3 G-1 Replacement trees of a 36 -inch box size shall be planted if funding, availability and growth space permits. Staff is responsible for notifying the adjacent property owner, the legally established homeowners association, if applicable, and the Councilperson of the district where the removal is proposed, of the intent to remove a Problem Tree. The decision by the Municipal Operations Director to remove a problem tree is final unless called up by at least one Councilperson. The City Arborist shall report the removal of Problem Trees on a monthly basis to the Commission. The cost to remove and replace Problem Trees will be the sole responsibility of the City based on funding, availability and growth space. III. STANDARD CITY TREES A City tree which is located on City real property (parkways, parks, other City -owned property) and not designated as a Special or Problem Tree is designated as a Standard City Tree ("Standard Tree"). It is the City's policy to retain Standard Trees unless removal is necessary for one of the following reasons: A. The City tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from tree roots and causes significant public or private property damage (greater than $500.00) shall be sufficient criterion for tree removal; or B. The City tree has had a repeated history of significant interference with street or sidewalk drainage; or C. The City tree is dead, diseased, dying, or hazardous, and presents a liability to the City. A dead tree is one that has been assessed by the City Arborist and found to have deceased. Diseased trees are defined as those trees that cannot be cured by current arboricultural methods, are in an advanced state of decline, and have no prospect of recovery. Dying trees are those that have no prospect of recovery. Hazardous trees are defined as those that are defective, have a potential to fail, and would cause damage to persons and property upon failure. The City Arborist will perform a hazard assessment whenever a tree is identified as hazardous. The assessment will identify: structural defects of the tree, parts of the tree most likely to 10 G-1 fail, targets where imminent personal injury or property damage may result with tree failure, and procedures or actions necessary to abate the hazard. After assessment, the City Arborist will expeditiously convey his written findings and recommendations to the Municipal Operations Director for evaluation. If the Municipal Operations Director agrees with the City Arborist findings to remove a tree, the hazardous tree will be removed without further delay. In the case of imminent tree failure, the Landscape Manager or the City Arborist shall have the authority to direct the removal of a hazardous tree; or D. The tree(s) have been requested to be removed in conjunction with a City Council -approved City, commercial, neighborhood, or home owners' association beautification program; or E. The City Manager, upon the advice of the Municipal Operations Director, City Attorney, Risk Manager or the Traffic Engineer, shall have the authority to remove individual Problem or Standard Trees to resolve claims or safety issues. IV. REMOVAL OF CITY TREES The initiation to remove City tree(s) may be made by the staff of the Municipal Operations and/or Public Works Departments, a home owners' association, or a private property owner by submitting an application to the Municipal Operations Director, utilizing the City Tree Removal form available on the City's website: www.newportbeachca.gov. The City will replace all trees removed in accordance with the Standard Trees removal criteria on a one for one basis, as funding, availability and growth space permits. 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 all City Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s), or desires to upgrade to a box size larger than 36" planted as a replacement, then the resident will be responsible for the difference in price. A. Removal of Special City Trees • Special Trees may be considered for removal under the same criteria as Standard Trees in Section IV.C. (Removal of 5 G-1 Standard Trees) if a special report, prepared by the Municipal Operations Director and approved by the City Manager, is provided to the Commission detailing the necessity of removal and any specific previous treatment of the tree. • Removal of a Special Tree(s) is initiated by submitting an application utilizing the City Tree Removal form, which must be approved by the City Manager. • After receipt of the application, a Tree Inspection Report shall be prepared by the City Arborist to determine if the tree(s) meets the criteria for consideration for removal outlined in Section IV.C. • Simultaneously, the City Arborist shall determine whether in his/her judgment additional specific treatment can be initiated to retain the tree provided the costs are reasonable. • If a tree(s) is to be removed, the tree(s) will be posted at least 30 days prior to the removal with a sign notifying the public that they have the right to appeal. The sign shall also note a staff contact. • The City Arborist shall also provide a notice of the proposed tree removal to the adjacent property owner (if not the applicant), the private property owners immediately adjacent to the applicant's property, and the appropriate home owners' association if applicable, (not applicable to the emergency removal of hazardous trees under Item C nor to trees that meet the criteria of Item E in Section III (Standard Trees)). • Once a recommendation is made by the City Arborist and the Landscape Manager to the Municipal Operations Director or designee and the Director 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 home owners' association, if applicable, shall be notified of the decision to remove or retain the tree(s) at least 30 days before the proposed removal. A home owners' association is responsible for notification of all association members pursuant to their established procedure. 2 G-1 • The Municipal Operations Director, or a designee, shall prepare a staff report for a regularly scheduled Commission meeting of all trees recommended for removal, except for those trees categorized as Item C (dead, diseased, or dying trees) or Item E (claims and safety issues) in Section III (Standard City Trees). • Any appeal to the Council regarding a Commission tree decision must be received by the Municipal Operations Director no later than 14 calendar days following the date of the Commission decision. The Municipal Operations Director will delay any tree removals until the appeal period has expired or until the Commission has acted upon the appeal. • The full costs of removal and replacement of Special Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s), or with the exception of Category C (view) in Section II, which is the sole responsibility of the applicant. B. Removal of Problem City Trees • Problem Trees may be proposed for removal by either City staff, a home owners' association, or private property owners by written application utilizing the City Tree Removal form. The Municipal Operations Director has the authority to remove Problem Trees. • No more than 50 Problem Trees may be removed per year by staff without special approval of the Commission. • No more than one of three problem parkway trees in a continuous row may be removed in a one year period without a hearing before the Commission, unless part of a reforestation approved by the Commission. Replacement trees of a 36" boxed size shall be planted if funding permits. • Staff is responsible for notifying in advance, if applicable, the adjacent property owner, the legally established homeowners association, and the Councilperson of the district where the removal is proposed of the intent to remove a Problem Tree. 7 G-1 • The decision by the Municipal Operations Director to remove a problem tree is final unless called up by at least one Councilperson. The City Arborist shall report the removal of Problem Trees on a monthly basis to the Commission. • The cost to remove and replace Problem Trees will be the sole responsibility of the City based on availability of funding, with the exception of Category C (view) in Section II, which is the sole responsibility of the applicant. C. Removal of Standard City Trees • The initiation to remove a Standard Tree(s) may be made by the staff of the Municipal Operations and/or Public Works Departments, a home owners' association, or a private property owner by submitting an application to the Municipal Operations Director, utilizing the City Tree Removal form. • After receipt of the application, a Tree Inspection Report shall be prepared by the City Arborist to determine if the tree(s) meets the criteria for consideration for removal as outlined in the above Section III (Standard City Trees). The City Arborist shall determine whether in his/her judgment additional specific treatment can be initiated to retain the tree provided the costs are reasonable. • The City Arborist shall make a finding in regards to inappropriate tree species for a specific location and forward to Landscape Manager. The authority to remove Standard Trees rests with the Municipal Operations Director. • Once a recommendation is made by the City Arborist and the Landscape Manager to the Municipal Operations Director, or designee, and the Director agrees with the recommendation, the City may remove the tree(s). • Staff is responsible for notifying in advance, if applicable, the adjacent property owner, the home owners' association, and the Councilperson of the district where the removal is proposed of the intent to remove a Standard Tree. • Any appeal to the Commission regarding a tree decision must be received by the Municipal Operations Director no later G-1 than 14 calendar days following the date of the notice of intent. The Municipal Operations Director will delay any tree removals until the appeal period has expired or until the Commission has acted upon an appeal. • The City will replace all trees removed in accordance with the Standard 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. If resident/ applicant desires to upgrade to a 48" boxed tree or larger, the resident/ applicant will be responsible for the difference in price. • The full costs of removal and replacement of Standard Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s) or desires to upgrade to box size larger than 36" planted as a replacement, then the applicant will be responsible for the difference in price. -1�[�]��IMM'�I�L��� A. Description of Reforestation Reforestation is defined as the concept of systematically replacing Problem or Standard 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. It is recognized and acknowledged that many City trees were planted 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. I G-1 The City Street Tree Designation List and the City Parkway Tree Designation List attached to City Council Policy G-6 reflect an effort by the City to designate appropriate tree species that will not cause future problems. The City understands the importance of trees and the beauty they bring to a community, and 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 one for one with the appropriate designated street tree. B. Application for Reforestation Individual private property owners, as well as home owners' association, may apply for single or multiple tree reforestations in their respective area by submitting a request to the Municipal Operations Director for consideration by the Commission that meets the following requirements: • 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. • 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, and there may be no more than one signature per property. All petition signatures shall be verified by City staff for property owner status of the person(s) signing the petition. As an alternative to the above requirements, areas represented by a home owners' association may submit a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the home 10 G-1 owners' 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 home owners' association with mandatory association membership must petition for reforestation through their respective association. • Individual private property owners not residing within a home owners' association area may submit individual requests for single or multiple tree reforestations. The applicant must submit a petition signed by a minimum of 60% of a maximum of 30 private property owners (up to 15 contiguous private properties on both sides of the street up to 500' in either direction from the location of the proposed reforestation site) as well as the endorsement of the appropriate homeowners association, if applicable. The petition content must be approved and dated by staff prior to distribution. All petition signatures shall be verified by City staff for private property owner status of the person(s) signing the petition. • 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 Municipal Operations 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 an appropriate tree that meets the criteria of the City's Street Tree Designation List or the City Parkway Tree Designation List as identified in City Council Policy G-6, or the applicant (person, group, or 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, or an appropriate species based on the City Tree Designation Lists. This Section applies to individual or group requests. 11 G-1 • 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 36" boxed trees, 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. If there is not room for the replacement tree(s) at a specific site as designated 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. • Reforestation requests must be completed and submitted in a timely manner by the petitioner. Petitions that are dated more than 90 days past the date stamped by staff before distribution will not be forwarded to the Commission for consideration. The Municipal Operations Director may extend this timeframe in his or her discretion. The completed reforestation application will go to the Commission to decide whether to accept or deny the requested reforestation. The decision of the Commission on reforestation requests will be considered final unless called up by at least one Councilmember or the City Manager. • 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. Section 13.090.030 of the Municipal Code outlines what is expected of property owners in regards to proper care of parkway trees adjacent to their property. VI. TREE MAINTENANCE 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 in accordance with City Council Policy G-6. Section 13.08.040 of the Municipal Code prohibits any person from tampering with City trees. VII. 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 12 G-1 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 (except trees that are dead, dying, or in an advanced state of decline). If the proposed development requires the removal of City trees, the property owner must submit a tree removal form to the Municipal Operations Director, pay all related tree removal and one for one replacement costs, and meet all provisions of City Council Policies L-2 and L-6 and City Municipal Code Sections 13.08 and 13.09, or any successor policies or sections. Approval or disapproval of all tree removal/ replacement requests associated with encroachment and demolition permits will be the responsibility of the Municipal Operations Director or a designee. VIII. TREE TRIMMING STANDARDS The City Council has adopted tree trimming cycles for trees of different ages and species. Tree trimming cycles and trimming standards shall represent the maximum feasible frequency given current fiscal conditions. Except as provided in the Supplemental Trimming Section below, trimming shall be in accordance with the standards of the International Society of Arboriculture (ISA). In those communities with a home owners' association, periodic tree trimming with an emphasis on height reduction will be considered by the City Arborist upon written request by the association. IX. SUPPLEMENTAL TREE TRIMMING The City will consider requests to trim certain trees more frequently or to trim trees consistent with practices applied prior to the adoption of ISA standards (to enhance public and private views, preserve required sight/ distance standards, or other public purposes) which are submitted by affected private property owners or the board of a home owners' association and the request is accompanied by a completed "Supplemental Tree Trimming Form' and full payment for the requested tree trimming. However, since these practices often require 'topping' or possible disfiguring of a tree(s) and are often aesthetically displeasing and injurious to a tree, reforestation shall be considered when supplemental tree trimming is impractical or infeasible as determined by the City Arborist. 13 G-1 The Municipal Operations Director shall establish procedures to implement the supplemental trimming provisions of this Policy. In areas with an active homeowners association, approval must be obtained from a legally established association by the requestor of supplemental tree trimming if the requested trimming is to be undertaken within the association boundaries. [Attachment - Exhibit A] History Adopted I-9 - 5-9-1966 Reaffirmed I-9 - 8-30-1966 Amended I-9 - 8-14-1967 Reaffirmed I-9 -11-12-1968 Reaffirmed I-9 - 3-9-1970 Reaffirmed I-9 - 2-14-1972 Amended I-9 -11-9-1976 Amended I-9 -11-12-1985 Amended I-9 -11-28-1988 Amended I-9 - 3-14-1994 (changed to G-1) Amended G-1 - 4-11-1994 Amended G-1 - 2-26-1996 Amended G-1 - 7-14-1997 Amended G-1 (Administratively) -11-24-1997 Amended G-1 - 8-10-1998 Amended G-1 -1-25-1999 Amended G-1 - 2-22-2000 Amended G-1 - 4-23-2002 Amended G-1 - 4-27-2004 Amended G-1 -10-11-2011 Amended G-1 - 9-8-2015 Amended G-1 - 8-8-2017 EXHIBIT A SPECIAL CITY TREES LANDMARK TREES Balboa Boulevard Median Araucaria heterophylla (1) 14 G-1 Balboa Library Eucalyptus globulus (3) Balboa Library Phoenix canariensis (2) Bob Henry Park Ficus rubiginosa (1) Castaways Park Phoenix canariensis (1) Lido Hotel Site Ficus microcarpa `Nitida' (2) Dover Drive east of Irvine Avenue Erythrina caffra (1) Dover Drive at Westcliff Liquidambar styraciflua (4) John Wayne Park Erythrina caffra (1) Lido Isle Medians Pinus pinea (4) Main Street Ficus microcarpa'Nitida' (1) Ocean Blvd. Corona del Mar Phoneix canariensis (5) Wedge Area Myoporum laetum (2) West Jetty View Park Phoenix canariensis (2) (near Historical Marker) Westcliff & Dover (Groves) Bike Trail Eucalyptus globulus (49) DEDICATED TREES Bayside Park Pyrus calleryana (Newport -Irvine Rotary Club) Bayview Park Cinnamomum camphora (Gene Atherton) Begonia Park Bauhinia blakeana (Dr. Leo V. Turgeon) Begonia Park Prunus cerasifera (Cheryl Bailey Ringwald) Bob Henry Park Ficus rubiginosa (Bob Henry) Bonita Canyon Sports Park Melaluca linariifolia (Elaine Linhoff) (Fern Pirkle) Buffalo Hills Park Erythrina caffra (Bahia Community Earth Day Celebration) Buffalo Hills Park Stenocarpus sinuatus (N. Beach Sunrise Rotary Club) Castaways Park Pinus torreyana (Kevin Murphy) (Mary Louise Romine) Castaways Park Platanus racemosa (Joe Clarkson) (Michael F. Gustin) (Arthur Grant Kidman Junior) (Grover Stephens, PH.D.) 15 G-1 (Arthur C. Wahlstedt, Jr.) (John D. Woodruff) Castaways Park Quercus agrifolia (Nancy Bergeson) (Logan David Burley) (Sawyer Dean Burley) (Sawyer Dean Burley) (Bob & Susan Caustin) (Joe Clarkson) (Yen Chu Kuo) (Ryan Lemmon) (Virginia Najera) (Eva Victoria Najera) (David Rapp) (Nancy & Jack Skinner) (Staycee Stone) (Jason Stradtman) (Robert T. Talbot) (Jan Vandersloot) (jean Watt) Castaways Park Quercus kelloggii (Gregory Courteau) Cliff Drive Park Bauhinia blakeana (Susan Benz) Cliff Drive Park Cassia leptophylla (Francis P. Hemenway) Cliff Drive Park Quercus agrifolia (Gary Lovell) (Dr. Vandersloot) Eastbluff Park Hymenosporum flavum (Lucy Huntsman) Eastbluff Park Ficus macrophylla (Billy Covert) Galaxy View Park Cupaniopsis anacardioides (Trey Hunter) Galaxy View Park Metrosideros excelsa (Dylan Ayres) Gateway Park Cassia leptophylla (Virgina Herberts) Grant Howald Park Cassia leptophylla 16 G-1 (Jean & Coalson Morris) Liquidambar styraciflua Grant Howald Park Hymenosporum flavum (Skipper Mark Howes) Pinus nigra Grant Howald Park Metrosideros excelsus (Mark Munro) Cassia leptophylla (Pete Munro) Grant Howald Park Spathodea campanulata (Cara Lee) Pinus pinea Irvine Terrace Park Platanus racemosa (U.S. Bicentennial Freedom Tree) Bauhinia variegata Irvine Terrace Park Pinus pinca (Calif. Bicentennial) Cedrus deodara Irvine Terrace Park Liquidambar styraciflua (Dana Harmon) Irvine Terrace Park Pinus nigra (Sister City of Okazaki) L Street Park Cassia leptophylla (Tim Van Ostenbridge) Las Arenas Park (Ed Healy) Melaleuca linarifolia M Street median Pinus pinea (Walter Knott) Mariners Park Bauhinia variegata (Sierra Beth) Mariners Park Cedrus deodara (Dr. Anthony & Madeline DeCarbo) Mariners Park Pinus halepensis (Isy Pease) Mariners Park Pinus eldarica (Christopher & Marisha Thomposn) (Meghan & Camielle Thompson) Mariners Park Pinus radiata (Frank Tallman) Mariners Park Stenocarpus sinuatus (N. Beach Sunrise Rotary Club) No. Mariners Park Pinus radiata (Marcie Schrouder) Newport Pier/ 24th Street Bike Path Chamaerops humilis (Marie "Maxine" Louchis) Old School Park Bauhinia variegata (Mary Jo Tyler) Old School Park Cassia leptophylla (Jean & Coalson Morris) 17 G-1 Peninsula Park (Gray Lunde Tree) Peninsula Park (Don Perdue) San Miguel Park (Jon Walters) Spyglass Hill Park (Dennis George Brice) (Edith Mary Brice) Veterans Park (Rosemary Rae Hill Hansen) WCH & Superior Ave City Parking Loi (Louise Greeley) West Newport Park (Russell Marc Beaumont) (Jeff Steven Reinker) Chamaerops humilis Ravenea rivularis Schinus molle Acacia baileyana Lagenstroemia indica fauriei Cassia leptophylla Erythrina caffra West Newport Park Spathodea campanulata (Brownie Girl Scout Troop 2072) Various locations: Castaways Park and Cliff Drive Park slopes (Dr. Jan David Vandersloot & Family) Quercus agrifolia NEIGHBORHOOD TREES 15th Street (Newport Heights) Eucalyptus cladocalyx (13) Along Avon Avenue Eucalyptus globulus (8) Buena Vista and Lindo Avenue Erythrina caffra (1) Candlestick Lane (Baycrest) Eucalyptus citriodora (17) Clay Street Ficus microcarpa'Nitida' (21) (Irvine Ave to St. Andrews Road) Cliff Drive Agathus robusta (4) (north side, west of Dover Drive) Cliff Drive Park Ficus benjamina (1) (Scout House) Commodore Road Corona Del Mar State Beach 601 Dover Drive Dover Drive (Mariners to Irvine) Eastbluff Park Glenwood Lane Goldenrod Avenue (Ocean Blvd to Fifth Ave) Eucalyptus citriodora (2) Washingtonia robusta (74) Eucalyptus ficifolia (1) Eucalyptus globulus Ficus macrophylla (1) Eucalyptus citriodora (10) Washingtonia robusta (144) Heliotrope Avenue (Corona del Mar) Pinus radiata (2) In G-1 19 Irvine Avenue (17th St. to Dover) Phoenix dactylifera (Date palm) (30) Irvine Avenue (17th St. to Dover) Spathodea campanulata(African tulip) (39) 128 Kings Road Roystonea regia (1) 128 Kings Road Pseudobombax ellipticum (1) L Street Park Quercus suber (39) Leeward Lane Fraxinus uhdei "Tomlinson" (39) M Street Park Pinus pinea (1) Margaret Drive Median Erythrina caffra (1) Marguerite Avenue Phoenix canariensis (81) (Ocean Blvd to Fifth Ave) Marine Avenue (Balboa Island) Eucalyptus (Various Species) (39) Mariners Drive Jacaranda mimosifolia (52) Newport Center Drive Washingtonia robusta (363) Poppy Avenue (Corona del Mar) Eucalyptus rudis (82) Rhine Wharf Park Archontophoenix cunninghamiana (12) Along Riverside Avenue Schinus terebinthefolius (12) (adjacent to Cliff Drive Park) 725 St. James Road Eucalyptus ficifolia (1) Sandalwood Lane Eucalyptus citriodora (3) Santa Ana Avenue Eucalyptus robusta (38) Seaview Avenue (Corona del Mar) Pinus radiata (5) Shorecliffs Entrance Erythrina caffra (40) Starlight Circle Eucalyptus citriodora (10) Via Lido Bridge Eucalyptus globulus (14) Vista Del Oro Median Erythrina caffra (6) Waterfront Drive Schinus molle (16) (Avocado Ave to Acacia Ave) West Newport Park Metrosideros excelsus(55) 19 Benefits of Marine Ave Trees The eucalyptus trees on Marine Ave have been designated as Special Trees. Besides providing historical character to Marine Ave since the 1900's, Marine Ave eucalyptus trees provide the following benefits to our community and patrons: Marine Ave eucalyptus trees provide meaningful association of memories, past events and times. Eucalyptus are considered a classic Southern California look, dating back to 1865 when William Wolfskill planted the first eucalyptus in Arcadia, California. Also known as arborcal architecture. Eucalyptus are generally an upright oval tree which makes them a good street tree versus a large round or short growth tree that blocks street signs and store fronts. Our trees retain their leaves year-round providing an ever constant green environment. a" Eucalyptus trees are drought tolerant and adapt to harsh conditions. They save water! Eucalyptus are perfect trees for tolerating sandy soil conditions such as on Balboa Island. 41Marine Ave Eucalyptus have interesting tree trunks and bark colors, providing unique and majestic features. 6*4*406 Less drainage infrastructure needs. Trees, such as our Eucalyptus, absorb 30% of precipitation through their leaf system and 30% in ground take up by the root system. VEucalyptus are habitats for birds and bees which pollinate the flowers on Balboa Island. Our mature trees provides shade and reduces the heat index by 5-15 degrees for residents, merchants and patrons, whereas concrete significantly increases the heat index. V Marine Ave tree lined streets increase walking traffic up to 15% for businesses and buildings can be worth 25% more. Our trees reduces urban noise by absorbing sound waves; all the more reason to keep the canopy's full. #1 Mature tree lined streets create boundaries which provide slower and more appropriate traffic speeds. CO Marine Ave trees clean our air by producing oxygen, intercept airborne particles and reduce smog! Resources: Sciencedirect.com; Canopy.org; Dan Burdan, Sr. Urban Designer; South ern Forest.org; CityLab.com, Strong Towns.org; Arborl.com RESOLUTION NO. [ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REAFFIRMING CITY COUNCIL POLICY G-1 (RETENTION, REMOVAL, AND MAINTENANCE OF CITY TREES) WHEREAS, the City of Newport Beach (the "City") is governed, in part, by its Charter, Municipal Code, and adopted Council Policies; WHEREAS, on May 9, 1966, the City Council adopted City Council Policy G-1 for the Retention, Removal, and Maintenance of City Trees (the "City's Tree Policy"), to "establish definitive standards for the retention, removal, maintenance, reforestation, tree trimming standards, and supplemental trimming of City trees", which policy is attached hereto as Exhibit A; WHEREAS, the City's Tree Policy states that all Special City Trees ("Special Trees" or "Special Tree" as the case may be) shall be retained "because they have historical significance, and/or contribute to, and give character to, a location or to an entire neighborhood"; WHEREAS, Section IV.A of the City's Tree Policy details specific procedural guidelines and limitations that must be followed by the City prior to the removal and replacement of any Special Tree including, but not limited to: (1) the implementation of a specific treatment plan to retain the tree(s); (2) the preparation of a "full staff report" identifying and describing why the specific treatment was unsuccessful and "detailing the necessity of removal"; (3) the posting of a public notice at least 30 days prior to removal with a sign notifying the public of a right to appeal; and (4) the "one-for-one" replacement of any Special Trees "with the same species or the closest equivalent wherever possible"; WHEREAS, the City's Tree Policy designates the trees along Marine Avenue on Balboa Island as Special Trees; WHEREAS, the City has budgeted approximately $250,000.00 for the proposed reconstruction of Marine Avenue (the "Marine Avenue Reconstruction") as set forth in the City's Fiscal Year 2017-18 Capital Improvement Program and Fiscal Year 2018-19 Capital Improvement Program; WHEREAS, in light of the Marine Avenue Reconstruction, the Balboa Island Preservation Association (`BIPA"), and other residents of Balboa Island, recently brought the City's Tree Policy to the City Council's attention; and WHEREAS, the City endeavors to avoid any actions that may conflict with the City's Tree Policy or that would negatively impact the health and retention of Special Trees in connection with the Marine Avenue Reconstruction or otherwise. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Resolution No. [ ] Page 2 of 4 Section 1: The City Council hereby reaffirms the City's commitment to abide by the City's Tree Policy in connection with any Marine Avenue Reconstruction, or otherwise. Section 2: The City Council hereby declares that all City staff members (including but not limited to any agents, subcontractors, or others retained by the City) shall follow the procedural guidelines placed on the removal and replacement of any Special Tree along Marine Avenue as set forth in the City's Tree Policy including, but not limited to: (1) the implementation of a specific treatment plan to retain the tree(s); (2) the preparation of a "full staff report" identifying and describing why the specific treatment was unsuccessful and "detailing the necessity of removal"; and (3) the posting of a public notice at least 30 days prior to removal with a sign notifying the public of a right to appeal. Section 3: The City Council hereby declares that, consistent with the City's Tree Policy, any Special Tree that has been or may be removed on Marine Avenue, whether removed in connection with any Marine Avenue Reconstruction or otherwise, shall be promptly replaced "one- for-one" with the same species or the closest equivalent of such Special Tree wherever possible. Section 4: The City Council hereby declares that all appropriate steps shall be taken to retain and maintain the health of the Special Trees currently standing along Marine Avenue in connection with any Marine Avenue Reconstruction or otherwise. Section 5: The City Council hereby declares that the City shall avoid any actions that may conflict with the City's Tree Policy or that would negatively impact the health and retention of Special Trees in connection with any Marine Avenue Reconstruction or otherwise. Section 6: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 7: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 8: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this [ ] day of [ ], 2019. Diane B. Dixon Mayor Resolution No. [ ] Page 3 of 4 ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney EXHIBIT A City's Tree Policy See attached. 103325112.7 B=RDING I WEIL ATTORNEYS AT LAW VIA EMAIL ONLY August 13, 2019 Dave Webb Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Received After Agenda Printed August 13, 2019 Item No. SS4 BERDING & WEIL LLP COSTA MESA 575 Anton Boulevard Suite 1080 Metro Center Costa Mesa, CA 92626 714.429.0600 714.429.0699 f SAN DIEGO 1660 Hotel Circle North Suite 701 San Diego, CA 92108 858.625.3900 658.625.3901 f WALNUT CREEK 2175 N. California Blvd. Suite S00 Walnut Creek, CA 94596 925.838.2090 925.820.5592 f WWW.BERDINGWEiL.COM Re: Threatened Action of Unlawful Removal of Historic Eucalyptus Trees Along Marine Avenue on Balboa Island Dear Mr. Webb: Our office is legal counsel for the Balboa Island Preservation Association ("BIPA"), a group of concerned Balboa Island residents, property owners, and business owners. This letter concerns what we understand to be a threatened action by the City of Newport Beach's ("City") Public Works Department ("Public Works") to imminently remove up to ten (10) prominent and historically significant eucalyptus trees along Marine Avenue on Balboa Island (collectively the "Threatened Tree Removal") before obtaining the required approval of the City's Parks, Beaches, and Recreation Commission ("Commission") following a public hearing, completing mandatory environmental review of the proposed action required by the California Environmental Quality Act and its Guidelines (collectively "CEQA"), and fulfilling other legal requirements. We understand that Public Works has indicated that the Threatened Tree Removal may occur as early as next week. BIPA hereby demands that the City and its contractors not undertake any action in furtherance of the Threatened Tree Removal until the Commission has approved the same following a public hearing, the City has complied with CEQA's obligations concerning the same, and the City has otherwise fulfilled all applicable legal requirements for the same. Absent the foregoing, the City will be acting unlawfully and will be held legally and publicly accountable for its actions. The Threatened Tree Removal requires the Commission's approval following a public hearing under Article VII, Section 709 of the City's City Charter. That section provides in relevant part: PLEASE REPLY TO OUR COSTA MESA OFFICE Dave Webb City of Newport Beach August 13, 2019 Page 2 "There shall be a Parks, Beaches and Recreation Commission consisting of seven members which shall have the power and be required to: (a) Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, parkways and street trees. (c) Establish policies for the acquisition, development and improvement of parks, beaches and playgrounds and for the planting, care and removal of trees and shrubs in all parks, playgrounds and streets, subject to the rights and powers of the City Council. As you know, the Threatened Tree Removal is a matter of significant public controversy and discord. The subject trees are all "street trees" and thus within the jurisdiction of the Commission. Given the foregoing and the Commission's charge of providing administrative oversight for potential removal of street trees, the Threatened Tree Removal is a matter that requires the Commission's approval. Moreover, given the public controversy concerning the Threatened Tree Removal, a public hearing before the Commission preceding the Commission's potential approval is necessary for compliance with the Brown Act and public transparency. The Threatened Tree Removal also requires environmental review and consideration under CEQA before any action is approved. The Threatened Tree Removal constitutes a "project" for CEQA purposes since the Threatened Tree Removal will cause a physical change in the environment or a reasonably foreseeable indirect physical change in the environment and, as discussed above, involves discretionary approval requiring the exercise of judgment or deliberation. (Public Resources Code ("Pub. Res. Code") § 21065 and CEQA Guidelines § 15378; See also, Save Tara v. City of West Hollywood (2008) 35 CalAth 116, 139.) The Threatened Tree Removal will undoubtably directly cause physical changes in the environment by removing up to ten (10) prominent and historically significant trees from Marine Avenue, the central business district on Balboa Island. Environmental review of the Threatened Tree Removal is thus required by CEQA. BIPA also wishes to preemptively dispel any specious argument by the City that CEQA compliance is not required for the Threatened Tree Removal due to a categorical exemption under the Guidelines. No categorical exemption could apply here. More specifically, Article 19 of the Guidelines provides for exemption for classes of projects based on a finding that the class of projects does not have a significant effect on the environment. While removal of street trees could be subject to a Class I categorical exemption under section 15301 of the Guidelines, that exemption 800-838-2090 WWW.BERDING WEILLCOM B- R D I N G I W- I L Dave Webb City of Newport Beach August 13, 2019 Page 3 expressly only applies when the modifications involve a "negligible or no expansion of use." Here, BIPA believes and contends that the Threatened Tree Removal is the first step in significant alterations to public facilities and improvements the City desires to complete in furtherance of Marine Avenue's redevelopment. The City has discussed such redevelopment for years, which has expressly included the removal of street trees, like the subject trees here, though the City has yet to formally approve a Marine Avenue redevelopment plan. Given the nexus between the Threatened Tree Removal and the redevelopment desires, BIPA believes and contends the Threatened Tree Removal is motivated by the City's desire to expand the use of Marine Avenue, which would be facilitated by the Threatened Tree Removal. Moreover, the California Court of Appeals has held that "[a] categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances." (Bloom v. McGurk (1994) 26 Cal.AppAth 1307, 1312.) That would be the case here since removing up to ten (10) prominent and historically significant trees from Marine Avenue would radically change the physical environment of Marine Avenue by removing many of the most notable environmental characteristics of Marine Avenue. It is a general principle that before completing an environmental review of a project required by CEQA, agencies must not take any action that significantly furthers a project in a manner that forecloses feasible and viable alternatives or mitigation measures. (See e.g., Pub. Res. Code §§ 21 100, 21 151; Guidelines § 15004(b) (2) (B); Save Tara v. City of West Hollywood (2008) 45 CalAth 116; John R. Lawson Rock & Oil, Inc. v. State Air Resources Board (2018) 20 Cal.App.5th 77.) The Threatened Tree Removal would do just that since the removal of the subject trees cannot be undone, thereby causing the public to suffer irreparable damage. Given the foregoing, the City cannot contend in good faith that the Threatened Tree Removal is subject to a categorical exemption excusing CEQA compliance. BIPA is also concerned that given the nexus between the City's desired redevelopment of Marine Avenue and the Threatened Tree Removal, that the City is attempting to avoid CEQA compliance by splitting off what is a larger project (redevelopment) into a smaller project (tree removal) in order to avoid a full environmental review and to make the Threatened Tree Removal appear more innocuous than the true full project. This failure violates CEQA's project splitting/piecemealing prohibition. (Laurel Heights Improvement Assn. v. Regents of the University of California (1988) 47 Cal.3d 376, 390.) 800-838-2090 WWW.BERDING WEILLCOM B- R D I N G I W- I L Dave Webb City of Newport Beach August 13, 2019 Page 4 To allay BIPA's concerns that Public Works may be attempting to facilitate the completion of the Threatened Tree Removal without the Commission's approval following a public hearing, without completing required environmental review and consideration under CEQA, and otherwise complying with applicable legal requirements, BIPA requires your written confirmation that no trees along Marine Avenue will be remove or substantially altered until the Commission has approved the same following a public hearing, the City has completed environmental review of the same under CEQA, and the City has otherwise complied with all other applicable legal requirements. Please confirm the same, in writing, to the undersigned not later than close of business on August 16, 2019, otherwise BIPA may be forced to initiate legal proceedings against the City concerning the Threatened Tree Removal to obtain temporary relief to preserve the subject trees under Code of Civil Procedure ("Code Civ. Proc.") section 527 and to compel the City's mandatory compliance with CEQA and mandatory duty to obtain the Commission's approval under Code Civ. Proc. section 1085. We trust that this matter can be resolved without the intervention of the Superior Court of California, County of Orange. Thank you for your anticipated prompt attention to this matter and favorable response. Very truly yours, BERDING & WEIL LLP Aaron J. Ehrlich Partner aehrlich@berdingweil.com Counsel for Balboa Island Preservation Association AJE:aje cc: Mayor and Members of the City Council, Members of the Parks, Beaches & Recreation Commission, Grace K. Leung, City Manager, Aaron C. Harp, City Attorney, and Leilani I. Brown, City Clerk (via email) 800-838-2090 WWW.BERDING WEILLCOM B- R D I N G I W- I L Received After Agenda Printed August 13, 2019 Item No. SS4 Crocker's The Well Dressed Frank, Inc. 211 Marine Avenue Balboa Island, CA 92662 August 8, 2019 City of Newport Beach Honorable Mayor and Distinguished Council Members, We find ourselves dumbfounded. I, John De Frenza, participated with the group whom set out to renovate Marine Avenue which started its efforts a few years ago. The basis of the renovation centered on reports by the city public works division and individuals within the group pro porting that the trees along the street have been determined to be unsafe and must be removed. Replacement trees had been selected over the years to test their style, heartiness and community support toward a selection to replace the existing trees. This exercise resulted in a less than favorable support and appearance. Like unsuspecting fools we were convinced that the trees required removal. Through the effort of some very steadfast community members whom have vision and recognize the value of history, new information has been brought for us all to consider and be part of. This new information requires us as a community to arrest our advancement and move in favor of history, community, iconic quality and simple nostalgia which defines Balboa Island. No other community along the western coastline can bestow such an identity as our street, save only a small few such as Monterey, Carmel and in a small way Sunset Beach. There are many issues at play here, many underlying factors and a few self interest advocates. My goal at this time is to only address the trees, not the impact of street closures that will seriously impact all the businesses. Marine Avenue is not the same type of tree on Irvine Avenue. Understanding how these trees are different is critical. Professional arborists reports have tremendous value, let's embrace the knowledge and be good stewards of the trees, our community and our future. With warm regards and thanks to your community efforts, John & Victoria De Frenza Crocker's The Well Dressed Frank, Inc. and residents of Balboa Island Ouer* t I After g r t 3, Ite lop 16 '.4# .6 % '.qo 4h Ir % & IV RECEIVED AFTER AGENDA PRINTED ITEM NO. 5S'- OATF : 9-0-1 From: pmak <pmak@aol.com> Sent: Tuesday, August 13, 2019 2:46 PM To: Dept - City Council Subject: Balboa Island Treasured Trees Attachments: FB_IMG_1565728257485 jpg; FB_IMG_1565728253060jpg; FB_IMG_1565728240298 jpg To Newport Beach City Council.... so you want to tear down these works of art ... I don't know what museums you go to, but you've got a precious one in your backyard, that produces you significant tax dollars & and positive notoriety around the world. Listen to your citizens, "your customers", find a way .... this is a travesty again, what you seem to keep trying to do. Please listen to us. Pat Makris 131 Grand Canal 630-660-4099 Sent Prow n1y T -Mobile 4G LTC Device � .�'' � f `.;� -' - Received After Agenda Printed August 13, 2019 Item No. SS4 Subject: FW: removal of trees on Marine Ave, Balboa Island -----Original Message ----- From: MICHAEL BOYD <rdtlydge@aol.com> Sent: Wednesday, August 14, 2019 6:31 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: removal of trees on Marine Ave, Balboa Island I, Patricia Esnard Boyd, co-owner of 213 Onyx, property on Balboa Island, am opposed to the removal of the yellow gum eucalyptus which line Marine Avenue. ol unit; ivmograp leartweod Decav TF mss► .�.� t "II[ME go] IITO7ilf0pTi ...■1 Ta WMA r A4rAj1►Ti. 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Received After Agenda Printed August 13, 2019 Item No. SS4 Subject: FW: Thank You for Hearing Resident Concerns Regarding Historic Marine Avenue Trees From: maryrealty@sbcglobal.net <maryrealty@sbcglobal.net> Sent: Wednesday, August 14, 2019 5:23 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Cc: marvrealty@sbcglobal.net Subject: FW: Thank You for Hearing Resident Concerns Regarding Historic Marine Avenue Trees Dear City Council Members, I wanted to thank the City Council for the time, consideration & attentiveness you gave the Balboa Island residents last night during the Marine Avenue Tree Maintenance agenda item. The possibility of losing our beautiful canopy of trees on Marine Avenue & the affect this would have on the historic nature & personality of our downtown is very disconcerting to many Balboa Island residents & visitors. I appreciate the Councils sensitivity to our concerns & proactive response in placing a stop to any tree removal on Marine Ave. until further tree investigation by the PB&R Dept., the September 3rd PB&R discussion meeting regarding their findings & then the Council's review of their recommendations & follow up City Council Meeting. I sincerely appreciate The City Councils response to our community concerns regarding the matter of our Trees & Historic Downtown! Best Regards, Mary Hardesty From: O'Neill, William <woneill@newportbeachca.gov> Sent: Tuesday, August 13, 2019 3:12 PM To: maryrealty@sbcglobal.net Subject: Re: Help Maintain Our Historic Marine Avenue Got it. I've understood the BIIA and Little Island association to be representing the residents for that purpose, but let me know if I'm wrong and which residents would be excluded from those groups. Will O'Neill Mayor Pro Tem Newport Beach City Council On Aug 13, 2019, at 3:09 PM, "maryrealty@sbcglobal.net" <maryrealty@sbcglobal.net> wrote: Dear Mr. O'Neil, I was not referring to the City Council as the group recommending the "slick makeover " for Marine Avenue. I am asking you as a City Council member to implement a collaboration between the City, BIIA & Balboa Island Residents in an effort to preserve the beauty & historic nature of Our Downtown while the needed infrastructure improvements are addressed. Sincerely, Mary Hardesty From: O'Neill, William <woneill@newportbeachca.gov> Sent: Tuesday, August 13, 2019 2:32 PM To: maryrealty@sbcglobal.net Subject: Re: Help Maintain Our Historic Marine Avenue I don't know anyone on council or off advocating for a slick makeover. I think that the city has worked well with the BIIA, Little Island Association, and the merchants . Do you think we haven't or that they aren't doing a good job representing residents and businesses? Will O'Neill Mayor Pro Tem Newport Beach City Council On Aug 13, 2019, at 2:23 PM, "marvrealty@sbcglobal.net" <marvrealty@sbcglobal.net> wrote: Dear City Council, As a 50 year resident & business owner on Balboa Island, I am reaching out in earnest for your help in allowing us a voice in what happens to our Beloved & Historic Marine Avenue Downtown. There are many Balboa Islanders who are appalled at the current proposition on the City Council agenda for taking our iconic downtown & transforming it into a small group's idea of a slick makeover .......starting with the removal of our graceful canopy of trees. Many City Councils across the country have worked successfully with their communities on this issue of maintaining cherished historic downtown elements in the process of upgrading needed infrastructure. I have confidence that our City Council has the talent & expertise to navigate the collaboration between City & Citizens to preserve Balboa Island's Historic Downtown while making needed upgrades to infrastructure. I appreciate ALL your efforts to bring about this collaboration before any Trees are removed or irreversible changes to Our Downtown are made. Sincerely, Mary Hardesty <mime -attachment>