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
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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
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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
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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.
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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
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