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HomeMy WebLinkAbout09/27/1999 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session September 27, 1999 - 4.00 p.m. ROLL CALL Present: Adams, Glover, Ridgeway, Debay, Mayor O'Neil Absent: Noyes and Thomson (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. No items were discussed. 2. REVIEW OF CITY S METHODOLOGY IN DETERMINING HAZARDOUS TREES IN THE CITY S URBAN FOREST. City Manager Bludau reported that this item derived from public comments made about three months ago that questioned the City's use of the Resistograph. • General Services Director Niederhaus reported that Council Policy G -1 has been taken to the pro -tree group and the group interested in removing trees for input, and that their comments will be incorporated into one policy that will be taken to the Parks, Beaches & Recreation Commission and then to Council probably in November. Mr. Niederhaus stated that the four experts present tonight have over 100 years of experience between them and are available to explain the methodology in evaluating hazardous trees. He reported that Park & Tree Superintendent Marci Lomelh has 28 years experience; Urban Forester John Conway manages about 30,000 trees and has 27+ years experience; Certified Arborist Michael Mahoney is used by the City occasionally as a consultant and conducted the original report on the Fourth Avenue trees; and Scott Baker, who is the Resistograph representative, will discuss the Resistograph's use and calibration. Urban Forester Conway indicated that, even though the responsibility of any municipal arborist is the preservation of trees whenever possible, the primary responsibility is to minimize injury to people and prevent property damage caused by hazardous trees. More specifically, to identify potentially hazardous trees and resolve situations before they occur. He reported that staff routinely receives 30 to 40 tree removal requests per month due to view obstruction/alleged property damage, litter debris nuisance, and other miscellaneous hazards. He indicated that each request is evaluated by staff • for the primary concern of assessing potential hazards and emphasized that the City does not remove trees just because a tree obstructs a view or because of alleged property damage. Volume 53 - Page 4 INDEX Hazardous Trees in City's Urban Forest (44) City of Newport Beach Study Session Minutes September 27, 1999 • Mr. Conway utilized a PowerPoint presentation to show dead trees and the concern of them falling; causing a hazardous situation; and causing equipment damage. He defined a "hazardous situation" as being one that has the presence of both a defective tree and a potential target. He indicated that the National Arbor Day Foundation states that a hazardous tree has a structural defect that may cause the tree, or a portion of the tree, to fall on someone or something else. Mr. Conway reported that a tree hazard assessment involves three components: 1) a tree with the potential to fail, 2) an environment that may contribute to tree failure, and 3) a person or target that would be injured or damaged. In response to Council Member Debay's question, Mr. Conway believed that the Coral trees that the City removed were not the trees that were dedicated to the two boys who suffocated on the beach when the sand collapsed. She noted that the plaques would need to be taken care of if those trees were involved. Mr. Conway noted that the tree policy does not address the problem of tree reviews during the building /construction process. He showed a rebuilt property in which the wrong variety of tree was planted and where a utility sewer lateral was directly underneath a tree. Regarding the sewer lateral, he indicated that the tree was preserved and the property owner was required to move the sewer connection. He also discussed several types of root barriers that could be utilized to protect the sewer lateral from growing • roots. Regarding the Palm tree on Pacific View Drive, Mr. Conway showed where the tree was diseased with Pink Bud Rot and reported that the tree was removed because of the concern with it collapsing. Regarding the Palm tree on Marguerite, he showed trees that have been infected with Fusarium Wilt (a fungal disease) and indicated that these trees will soon be removed since there is no current treatment for this disease. He reported that trees on Holiday Road had thousands of the Eucalyptus Lerp insects, also called Redgum Lerp, affecting the Redgum trees. Mr. Conway stated that the residents demanded that the trees be removed because of the insects, rapid falling leaves, and sticky substance. However, after the City released lady bugs into the upper foliage to feed on the lerps, the residents no longer wanted the trees removed since this helped alleviate the problem. Regarding the Bluegum Eucalyptus tree on Fourth Avenue, Mr. Conway compared it to a Bluegum in its natural setting. He reported that these trees reach a height of 150 to 200 feet, have heavy masses of foliage, are aromatic, and have great wind break; however, the trees are too messy for city streets and requires deep soil and lots of room. He stated that he is not suggesting that this tree is a bad tree, noting that, if any of the Bluegum trees die, they would not be considered a hazardous tree. Additionally, that dead trees in a natural setting provide habitat for wildlife. Mr. Conway added that the Bluegum is also not the most conducive tree for urban settings because it requires a lot of room for growth; curb and gutter repairs have severely • severed the roots over the years; and many of the trees have been side- swiped by traffic. He noted that some trees were drastically trimmed so that the Santa Ana winds would not cause the trees to fall over; however, the trees primarily fell due to root decay. Mr. Conway noted that, over the Volume 53 - Page 5 INDEX City of Newport Beach Study Session Minutes September 27, 1999 • years, the trees have also been topped, which is not a correct arboricultural practice because it causes decay and decline in the tree. He stated that there are indications that topping has occurred and that they are now thinning out the trees to reduce the wind through. He added that the Bluegum is rated by the International Society of Arboriculture (ISA) with a factor of 5 (considered the lowest rating for a street tree). Mr. Conway also indicated that he spoke to longtime residents who believe that the trees were in the City during World War II. Mr. Conway reported that two trees fell during the 1998 storm. He showed that one of the trees looked very healthy; however, since the wind was blowing at about 48 miles per hour, the tree toppled over and landed on a structure and car. He also showed the second tree, which was about 60 feet tall, and how it just missed the nearby structure. He reiterated the amount of gutter space that is needed and expressed concern with whether the trees will be retained; whether the City will build curbs and gutters around the trees; or whether the roots would be severed. He explained that severing the roots would place the tree in a similar situation as the previous trees. In response to Council Member Glover's question, Mr. Conway explained that he is showing these trees because he wanted to demonstrate the reality of what could happen, but assured that they have trimmed and thinned the trees to prevent this from reoccurring. Regarding the third tree failure during the windstorm, he indicated that the Fire Department called them and that the incident required them to evacuate three homes. He reported • that the tree swayed back and forth in the 80 mile per hour winds, the ground lifted, and the tree showed indications of severed roots. He indicated that the tree was subsequently removed. Mr. Conway also demonstrated the City's limited growth space. Knowing that the curb and gutter replacement must occur, he indicated that the curb and gutter may need to be retrofitted around the trees since high moisture areas are conducive to root decay. He reported that, during the 1998 windstorm, the City hired a consulting arborist, Michael Mahoney, who recommended that ten trees be removed immediately. In 1999, he reevaluated the trees and recommended that 14 trees be considered for removal; however, only six trees were removed due to evidence of root decay. Regarding the trees on Marine Avenue, Mr. Conway indicated that the tree that was removed was probably hit by a delivery vehicle, and was decayed and angled toward the businesses. Michael Mahoney, 3300 Marcus Avenue, stated that he is a Registered Consultant Arborist and also has his business in the City. He believed it would be constructive to have the Resistograph demonstrated by Mr. Baker first so that everyone has a better understanding before he shares his experiences on other projects in which he used this instrument. Scott Baker, Resistograph representative, Registered Consultant Arborist, stated that the Resistograph drill is manufactured by a company in West • Germany. He demonstrated how the Resistograph works and its functions in determining hazardous trees. He explained where they drill within the tree to help make the determination, but noted that the drilling locations vary from case to case. Mr. Baker stated that the Resistograph can basically Volume 53 - Page 6 INDEX • City of Newport Beach Study Session Minutes September 27, 1999 INDEX find out if a tree had been damaged at any time in its life, but more specifically explained that the Resistograph tells how much tree is left. Mr. Mahoney discussed the various methods that have been used over the years to determine hazardous trees. He stated that most of his clients are cities and that he only does consulting work now. He showed Carob trees from other cities and explained the possible hazards that were determined. In response to Council Member Glover's questions, Mr. Baker reported that the Resistograph has been in use in Europe for about seven years. Mr. Mahoney assured that, by using the Resistograph to test a tree, the intrusion will not cause the tree to fail a future test, explaining that the internal portion of the tree is not the living, growing, dynamic portion. In fact, the tree is virtually dead the further one goes into it. He stated that there is some concern with the penetrating needle having fungal decay or distributing disease from one tree to the other; however, studies have shown that transferring fungus requires a symbiosis and other organisms to exist in the same environment. Regarding Fourth Avenue, Mr. Mahoney stated that there are 22 trees in satisfactory condition; six trees have conditions but do not constitute a concern; and three trees constitute some level of concern. He recommended that the three trees be removed. • Council Member Debay asked what procedure is followed once Mr. Mahoney recommends tree removal. Mr. Niederhaus reported that the tree's history is first reviewed, i.e. the tree's target height, fall direction, and which direction the Santa Ana winds blow. Further, a tree report is conducted, per Council Policy G -1; and then Mr. Conway presents a recommendation which is reviewed by Mr. Lomelli and then by himself for final determination. If a tree needs to be removed, he indicated that notices are sent out for a one block radius if time permits. Regarding Fourth Avenue, he reported that their Block Captain notified residents by going door -to -door. Jan Vandersloot, 2221 East 10 Street, reminded Council that General Services presented a report in June which requested removal of these trees on an emergency basis and that the primary reason for their removal was that the Resistograph showed large voids in the trees. He indicated that they did not find any large voids when the trees were cut and that the trees on Fourth Avenue looked like the tree that was used to demonstrate the Resistograph. Mr. Vandersloot added that two healthy trees were also taken out after it was indicated that no more trees would be removed. Further, after analyzing the Resistograph's readings, it turned out that staff did not make correct data interpretations and that they determined that there was an "x" percent of decay that really did not exist. Mr. Vandersloot stated that Mr. Baker is now making sure that staff knows how to read the data and how to use the machine. Regarding whether the Resistograph spreads disease, he expressed the opinion that, if they do not sterilize the instruments, they will be spreading any symbiotic bacteria, fungus, mold, or • virus from tree to tree. He urged Council to require them to sterilize the instruments or use new ones each time a tree is tested. Volume 53 - Page 7 L City of Newport Beach Study Session Minutes September 27, 1999 INDEX Regarding the Fourth Avenue trees, Dr. Vandersloot stated that the hazardous trees that the City removed this year were deemed stable last year by Mr. Mahoney. He requested that another arborist look at these trees and that Council analyze whether or not there is any conflict of interest with Mr. Mahoney and West Coast Arborist. Noting that Mr. Niederhaus makes the final decision regarding tree removals, Virgina Herberts, 2290 Channel Road, stated that Mr. Niederhaus has never had any formal tree training in aboriculture. She expressed the opinion that Mr. Niederhaus should not be the one to make the final decision and that he cannot be fair. She noted that the sidewalks and curbs go around the trees on 19th Street in Costa Mesa. Ms. Herberts stated that there are large, older, beautiful trees in the City that are worth saving and that the trees should not be treated as hazardous trees without a great deal of concern. She believed that trees should be treated as special as the Poppy Avenue trees. Alden Kelly, consulting arborist/hazard tree analyst, stated that he looked at the trees on Fourth Avenue on two or three different occasions at the request of Dr. Vandersloot. He noted that, in general, each part of the tree consists of a continuum of soundness to unsoundness, and that a specialist's opinion that a tree is dangerously unsound in ways that cannot be fixed calls for a recommendation for removal. However, the aspect of human safety and • preventing trees or tree parts from falling is only one part of human safety. He added that the other aspect is environmental health, noting that healthy, stable trees contribute to this. Regarding Fourth Avenue, Mr. Kelly stated that the logical approach is to save any and every tree as long as keeping it does not place humans and property in clear jeopardy, noting that even a healthy tree can go down in high winds following a rainstorm. Mr. Kelly highly recommended that any hazardous tree that is to be removed be examined, followed by a report that specifies every aspect of discernible hazard. Additionally, a root crown excavation is needed (digging the soil out from the base of the tree and looking at the base of the roots) if there is serious root problem or decay. Mr. Kelly indicated that, if the roots are sound (even if injured in the past) and there is regrowth with no decay, it is reasonable to assume that the tree is acceptably safe. However, if the tree has serious decay, it does not matter what the rest of the tree looks like or what the Resistograph does or does not say, there is a hazard and it cannot be fixed. Mr. Kelly encouraged Council to insist on evidence from a specialist who recommends removal of trees because there are conditions, qualities, and symptoms that exist that cannot be corrected. Mayor O'Neil believed that the City needs to be a little more cautious and have a better understanding of the shape of the tree before it is removed. However, he noted that the City is liable if a tree falls and injures someone. He noted that even the healthiest tree in the right rain or windstorm can fall • over. He stated that a degree of reasonableness needs to be exercised and as much knowledge needs to be used. He expressed the opinion that this is what Council is doing and believed that the City has a good system in place. Volume 53 - Page 8 • City of Newport Beach Study Session Minutes September 27, 1999 Regarding the alleged conflict, Mr. Mahoney reiterated that he is a Newport Beach homeowner and has his business in the City. He stated that he has been working as a consultant for seven years; once had a business that did the inventory and management plan for the City of Newport Beach; and prior to that, worked with his brother at West Coast Arborist. He indicated that the City is well -aware of his relationship and aware of his independence and nature of his business. Mr. Mahoney asked Council to be open- minded about his association and relationship because he is a citizen and is proud of what he does. He emphasized that he saves more trees compared to the unfortunate responsibility to report on their demise. Mr. Baker stated that his business motto is, "Valuable Knowledge of Trees." He emphasized that the use of the tree tools will keep the City's trees upright rather than condemn them. He encouraged everyone to learn more about trees. He expressed the opinion that Dr. Vandersloot would make a wonderful tree steward for the City, but believed that he needs more tree anatomy knowledge. He assured that many of the things that were discussed tonight have been researched and knowledgeably rebutted. PUBLIC COMMENTS - None ADJOURNMENT - 6:15 p.m. • The agenda for the Study Session was posted on September 22, 1999, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. QG &c /?�. lla 10,Q , City Clerk E &�� L. Z(WA -,/ Recording Secretary Volume 53 - Page 9 INDEX