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HomeMy WebLinkAbout2023-26 - Adopting Revised City Council Policy G-1 (Retention, Removal and Maintenance of City Trees)RESOLUTION NO. 2023-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING REVISED CITY COUNCIL POLICY G-1 (RETENTION, REMOVAL AND MAINTENANCE OF CITY TREES) WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, at its April 4, 2023 meeting, the Parks, Beaches and Recreation Commission approved revisions to City Council Policy G-1, which establishes definitive standards for the retention, removal, maintenance, reforestation, trimming, and installation of approved City trees; and WHEREAS, the City Council of the City of Newport Beach ("City Council") desires to adopt the revised City Council Policy G-1, as shown in Exhibit 1 to this resolution which is incorporated herein by reference. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.. Section 1: The City Council hereby adopts the revised City Council Policy G-1 as shown in Exhibit 1 to this resolution. Section 2: All prior versions of City Council Policy G-1 that are in conflict with the revisions adopted by this resolution are hereby repealed. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: 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. Resolution No. 2023-26 Page 2 of 2 Section 5: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. Section 6: The City Council finds the adoption of this resolution and the amendment of City Council Policy G-1 is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the activities are in the classes of projects which have been determined not to have a significant effect on the environment. Section 7: 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 9th day of May. 2023. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C. ff Afiroh C. Harp City Attorney Attachment: Exhibit 1 — Revised City Council Policy G-1 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. To educate the public of the protections of the City"s Urban Forest and guide, in a user- friendly way, the mechanisms in place for tree replacements. 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 public 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 Exhibit A, 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 proposes modifications, the Commission shall review the Special Tree list and forward recommendations for additions or deletions to the City Council for approval. G-1 Landmark Trees are identified as those individual Special Trees that possess historical significance by virtue of their size, age, location, or species. Dedicated Trees are Special Trees donated in the memory of specific individuals or organizations. Updates will be made annually to the City tree inventory system that correspond to the amended B-17 Policy: Parks, Facilities, and Recreation Program Donations. Exhibit A of this Policy will be updated annually to reflect updates. 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 Public Works Deputy Director, or designee, shall prepare a Tree Inspection Report, with a Tree Risk Assessment, identifying and implementing specific mitigation measures to retain the tree(s). For Landmark Tree(s), the Tree Risk Assessment shall include Level 3 Testing: Advanced Techniques to confirm the presence of any potential risks, unless waived by the City Council in advance. Where Tree Risk Assessment and Level 3 Testing: Advanced Techniques are required, the full costs of such testing and associated report will be the sole responsibility of the applicant. If the specific mitigation measures are 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. The reports shall also be provided to the Councilperson of the district in which the Special Tree is located. Prior to any removal of Special Tree(s), the City must comply with the noticing and appeal provisions set forth in Section IV.A (Removal of Special City Trees), 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. An alternate species may be recommended by Staff if the same species is unavailable and will be subject to approval by the Commission. 0 G-1 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 at minimum two years 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 these measures are practical, costs are reasonable, and that they comply with Americans with Disabilities Act (ADA) standards. 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 as noted in Section W.A. of this Policy. II. PROBLEM CITY TREES A Problem City Tree ("Problem Tree") is defined as a tree that by virtue of its species is known to cause 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) • 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 3 G-1 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 $1,000.00) may 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 City Arborist has the authority to remove Problem Trees. No more than 50 Problem Trees may be removed per year by staff under the above criteria without special approval of the Commission. Replacement trees of a minimum 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 City Arborist 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 under the above criteria 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, except for Category C (view). 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: 4 G-1 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 City tree roots and causes significant public or private property damage (greater than $1,000.00) may 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 Level 2: Basic, Tree Risk Assessment whenever a tree is identified as hazardous. The assessment will identify: structural defects of the tree, parts of the tree most likely to fail, targets where imminent personal injury or property damage may result with tree failure, and procedures or actions necessary to mitigate the hazard. After assessment, the City Arborist will expeditiously convey his written findings and recommendations to the Landscape Manager for evaluation. In the case of imminent tree failure, the Landscape Manager or the City Arborist shall have the authority to direct the emergency removal of a hazardous tree without further approvals; 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 tree(s) have been requested to be removed in conjunction with a commercial or residential project. Approval will only be granted if the City tree unreasonably impedes the planned construction. In these cases, the applicant will coordinate and assume all costs for the removal and replacement. Replacements will be a minimum of 36-inch box size, but 5 G-1 larger sizes may be required at the Landscape Manager's discretion; or F. The City Manager, upon the advice of the Public Works Deputy 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 A flowchart detailing tree removal procedures is available on the Public Work's website: www.newportbeachca.gov/government/departments/public- works/ municipal -operations The initiation to remove City tree(s) may be made by the staff of the Public Works Department, a home owners' association, or a private property owner by submitting an application to the City Arborist, utilizing the City Tree Removal form available on the Public Works website: www.newportbeachca.gov / government/ departments/ public - works/ municipal -operations 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-inch boxed size. If 36-inch boxed trees are not available or funding or space constraints prevent planting of a 36-inch boxed tree, then the largest tree available for the space available 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 a 36-inch box as a replacement (if available), then the resident will be responsible for the difference in price. A. Removal of Special City Trees • Special Trees, other than Landmark Trees, may be considered for removal under the same criteria as Standard Trees in Section III if a full staff report, prepared by the Public Works Deputy Director and approved by the City Manager, is provided to the Commission detailing the necessity of removal and any specific previous 6 G-1 treatment of the tree. • Removal of a Special Tree(s) is initiated by submitting an application 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 outlined in Section III. The City Arborist shall determine whether in his/her judgment additional specific mitigation measures can be initiated to retain the tree provided the costs are reasonable. • Private property owners, residential communities, neighborhoods, or business organizations who apply for a Special Tree removal(s) must submit a petition signed by a minimum of 60% of City of Newport Beach property owners within a radius of 500 feet from the location of the proposed tree removal. The petition content must be approved and dated by City staff prior to distribution by the applicant. The staff -approved petition must be distributed by the applicant to all private property owners within the 500-foot radius. 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. • Private property owners represented by a homeowners' association with mandatory membership and within the 500-foot radius must, instead of the above petition procedure, submit a petition through their association. The association shall submit a resolution of the Board of Directors formally requesting a Special Tree removal(s) with a statement that all members of the homeowners' association affected have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. • 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 7 G-1 (not applicable to the emergency removal of hazardous trees under Section I (Special Trees). • Once a recommendation is made by the City Arborist and the Landscape Manager to the Public Works Deputy Director or designee and the Deputy Director concurs, then the applicant, and private property owners within a 500-foot radius of the tree location, and a home owners' association if applicable, shall be notified via postcard of the recommendation at least 30 days before the Commission meeting. The postcard will include the date, time and location of the Commission meeting and a City contact number. A home owners' association is responsible for notification of all association members pursuant to their established procedure. • An 8" x 5" placard will be posted on the Special Tree(s) considered for removal at least 30 days before the Commission meeting. The placard will include the following information: the date of its posting, the date, time and location of the Commission meeting, and a City contact number. • The Public Works Deputy Director, or a designee, shall prepare a full staff report for a regularly scheduled Commission meeting of all trees recommended for removal, except for the emergency removal of hazardous trees in Section I (Special City Trees) of this Policy. • Following Commission approval for removal of a Special Tree(s), the tree(s) will be posted with a new 8" x 5" placard at least 30 days prior to the removal notifying the public that they have the right to appeal. The placard shall also note a Staff contact number and a date on which it was posted. • Any appeal to the Council regarding a Commission tree decision must be received by the Public Works Deputy Director no later than 30 calendar days following the date of the above reposting after the Commission decision. The Public Works Deputy Director will delay any tree removals until the appeal period has expired or until the Council has acted upon the appeal. 8 G-1 • 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). 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 City Arborist has the authority to remove Problem Trees. • If there are no removal criteria other than it being a Problem Tree species, then no more than 50 Problem Trees may be removed per year by staff without special approval of the Commission. • If there are no removal criteria other than it being a Problem Tree species, then no more than one of three problem parkway trees in a continuous row may be removed in a one year period unless part of a reforestation approved by the Commission. Replacement trees of a 36" boxed size shall be planted if funding, availability, and growth space permits. • Staff is responsible for providing advance written notification, as applicable, to 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 or retain a Problem Tree. • Except for those trees categorized as Item C (dead, diseased, or dying trees) or Item F (claims and safety issues) in Section III (Standard City Trees), all Problem Tree removal(s) shall be posted with a minimum 8" x 5" placard at least 14 calendar days prior to the scheduled removal. The placard shall also note a Staff contact number and a date on which it was posted. Unless deemed an emergency, posting for the removal of dead, diseased, or hazardous trees shall be at least 72-hours prior to the scheduled removal. 6 G-1 • The decision by the Landscape Manager 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 Public Works Department, a home owners' association, or a private property owner by submitting an application to the Landscape Manager, 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 mitigation can be initiated to retain the tree provided the costs are reasonable. • Once a recommendation is made by the City Arborist to the Landscape Manager, or designee, and the Manager agrees with the recommendation, the City may remove the tree(s). The authority to remove Standard Trees rests with the Landscape Manager. • Staff is responsible for providing advance written notification, as applicable, to 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 or retain a Standard Tree. • Except for those trees categorized as Item C (dead, diseased, or dying trees) or Item F (claims and safety issues) in Section III (Standard 10 G-1 City Trees), all Standard Tree removal(s) shall be posted with a minimum 8" x 5" placard at least 14 calendar days prior to the scheduled removal. The placard shall also note a Staff contact number and a date on which it was posted. Unless deemed an emergency, posting for the dead, diseased, or hazardous trees shall be at least 72-hours prior to the scheduled removal. • Any appeal to the Commission regarding a tree decision must be received by the Public Works Deputy Director no later than 14 calendar days following the date of posting or notice of intent. The Public Works Deputy 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 36- inch box tree, then the largest tree available for the space available will be planted. If resident/ applicant desires to upgrade to a 48- inch 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-inch planted as a replacement, then the applicant will be responsible for the difference in price. V. REFORESTATION OF CITY TREES 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. 11 G-1 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 may represent a safety hazard. 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 street tree. B. Application for Reforestation Reforestation requests shall be made by submitting an application to the Landscape Manager for consideration by the Commission. Requests shall comply with 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. • Submission of a petition signed by the owners of a minimum of 60% of the properties within a radius of 500 feet from the location of the proposed reforestation. The petition content must be approved and dated by City staff prior to distribution by the petitioner. Signatures by non -property owners shall be invalid and only one signature per property shall be counted towards the 60% threshold. The 60% threshold is based on the number of properties, not the number of property owners. All petition signatures shall be verified by City staff for property owner status of the person(s) signing the petition. 12 G-1 • Private property owners who are mandatory members of a home owners' association must submit reforestation requests through their association. The request shall include a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the homeowners' association have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. The home owners' association is responsible for notification of the outcome of the Board's vote to all association members, pursuant to their established procedure. • The requestor agrees, in writing, 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 replacement work will be performed by a City contractor coordinated by the Public Works Department, Municipal Operations Division. The total costs for removal and replacement work shall include only the contractor's costs and be paid in advance of any removal actions. C. Action Upon Application • Petitions that are submitted more than 90 days past the date stamped by staff before distribution shall be invalid and the request shall not be forwarded to the Commission for consideration. The Landscape Manager may extend this timeframe at his or her discretion. • City staff shall post the tree(s) proposed for reforestation with an 8" x 5" placard at least 14 calendar days prior to the scheduled Commission meeting. The placard will include the date it was posted, the date, time and location of the Commission meeting and a City contact number. • For requests from a home owners' association: City staff shall notify private property owners within a 500-foot radius of the tree(s) requested for reforestation via postcard at least 14 calendar days prior to the Commission meeting. The postcard will include the date, time and location of the Commission meeting and a City contact number. 13 G-1 • In hearing reforestation requests, the Commission may consider any and all relevant circumstances, including but not limited to the following: o Health or overall condition of the tree(s) o Degree of verifiable public or private property damage from the tree(s) o Degree of verifiable view impairment from the tree(s) o If the tree species is a Problem City Tree (Section II) o The level of community support and/or opposition o The value of the existing tree(s) versus the value of the replacement tree(s) o Whether the tree species is inappropriate for the location or does not conform to the current treescape o Efforts made to ensure adequate notification • The decision of the Commission shall be final unless called up by a Councilmember. D. Reforestation Work • The replacement tree(s) shall be an appropriate tree(s) 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 requestor must obtain approval from the Commission of the designation of a different tree species other than the designated street tree, or an appropriate species based on the City Tree Designation Lists. • There shall be a minimum of a one for one replacement of all trees. Replacement trees shall be a minimum size of 36-inch boxed trees, unless the parkway space will not accommodate a 36-inch boxed tree or a tree cannot be planted due to planting restrictions contained in City Council Policy G-6. Per the Landscape Manager's discretion, a larger sized box tree may be planted if it is replacing a tree of significant size or value in the City's inventory and ample planting space is available. If there is not room for the replacement tree(s) at 14 VI. VII. VIII G-1 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 requestor. • The requestor shall be responsible for the watering and fertilizing of replacement trees to ensure their proper growth and development as outlined in City Council Policy G-6. Section 13.09.030 of the Municipal Code also requires property owners to water and fertilize parkway trees adjacent to their property. 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. ENCROACHMENT AND DEMOLITION PERMITS All encroachment permits (permits for private property development which are proposed to install improvements in the City right of way) or demolition permits that involve the removal or replacement of City tree(s) must be specifically noticed by the property owner to City staff prior to the building and/ or demolition permit process whenever possible. The proposed construction plans must indicate preservation of existing City trees wherever possible (except trees that are dead, dying, or in an advanced state of decline). If the proposed development requires the removal of City trees (that are not dead, dying or in decline), the property owner must submit a tree removal form to the Landscape Manager, pay for 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 permits will be the responsibility of the designee. TREE TRIMMING STANDARDS with encroachment and demolition Public Works Deputy Director or a 15 G-1 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 crown reduction or vista trimming 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. The Landscape Manager shall establish procedures to implement the supplemental trimming provisions of this Policy. In areas with an active home owners 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 Special City Trees] History Adopted 1-9 - 5-9-1966 Reaffirmed 1-9 - 8-30-1966 Amended 1-9 - 8-14-1967 Reaffirmed 1-9-11-12-1968 16 G-1 Reaffirmed 1-9 - 3-9-1970 Reaffirmed 1-9 - 2-14-1972 Amended 1-9-11-9-1976 Amended 1-9-11-12-1985 Amended 1-9-11-28-1988 Amended 1-9 - 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 Amended G-1- 2-9-2021 Amended G-1- 5-9-2023 17 G-1 LANDMARK TREES DEDICATED TREES EXHIBIT A SPECIAL CITY TREES Balboa Boulevard Median Balboa Library4 Balboa Library Bob Henry Park Castaways Park Lido Hotel Site Dover Drive east of Irvine Avenue Dover Drive at Westcliff John Wayne Park Lido Isle Medians Main Street Marine Avenue (Balboa Island) Ocean Blvd. Corona del Mar Wedge Area West Jetty View Park (near Historical Marker) Westcliff & Dover (Groves) Bike Trail Araucaria heterophylla (1) Eucalyptus globulus (3) Phoenix canariensis (1) Ficus rubiginosa (1) Phoenix canariensis (1) Ficus microcarpa'Nitida' (2) Erythrina caffra (1) Liquidambar styraciflua (4) Erythrina caffra (1) Pinus pinea (4) Ficus microcarpa'Nitida' (1) Eucalyptus (Various Species)(47) Phoneix canariensis (5) Myoporum laetum (2) Phoenix canariensis (2) Eucalyptus globulus (49) 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) 18 G-1 Castaways Park (Joe Clarkson) Platanus racemosa (Michael F. Gustin) (Arthur Grant Kidman Junior) (Grover Stephens, PH.D.) (Arthur C. Wahlstedt, Jr.) (John D. Woodruff) Castaways Park (Nancy Bergeson) Quercus agrifolia (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 (Gregory Courteau) Quercus kelloggii Cliff Drive Park (Susan Benz) Bauhinia blakeana Cliff Drive Park (Francis P. Hemenway) Cassia leptophylla Cliff Drive Park (Gary Lovell) Quercus agrifolia (Dr. Vandersloot) Eastbluff Park (Lucy Huntsman) Hymenosporum flavum Eastbluff Park (Billy Covert) Ficus macrophylla Galaxy View Park (Trey Hunter) Cupaniopsis anacardioides Galaxy View Park (Dylan Ayres) Metrosideros excelsa Gateway Park Cassia leptophylla 19 G-1 (Virgina Herberts) Grant Howald Park Cassia leptophylla (Jean & Coalson Morris) Grant Howald Park Hymenosporum flavum (Skipper Mark Howes) Grant Howald Park Metrosideros excelsus (Mark Munro) (Pete Munro) Grant Howald Park Spathodea campanulata (Cara Lee) Irvine Terrace Park Platanus racemose (Beckett Glyer) Irvine Terrace Park Platanus racemosa (U.S. Bicentennial Freedom Tree) Irvine Terrace Park Pinus pima (Calif. Bicentennial) 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 Thompoon) (Meghan & Camielle Thompson) Mariners Park Pinus radiata (Frank Tallman) Mariners Park Stenocarpus sinuatus (N. Beach Sunrise Rotary Club) Mariners Park Magnolia `Little Gem' (Graci Lee Henry) Mariners Park Bauhinia variegata (Susana Lee Niederhaus) 20 G-1 No. Mariners Park Pinus radiata (Marcie Schrauder) Newport Pier/ 24t" Street Bike Path Chamaerops humilis (Marie "Maxine" Louchis) Old School Park Bauhinia variegata (Mary Jo Tyler) Old School Park Cassia leptophylla (Jean & Coalson Morris) Peninsula Park Chamaerops humilis (Gray Lunde Tree) Peninsula Park Ravenea rivularis (Don Perdue) San Miguel Park Schinus molle (Jon Walters) Spyglass Hill Park Acacia baileyana (Dennis George Brice) (Edith Mary Brice) Veterans Park Lagenstroemia indica fauriei (Rosemary Rae HillHansen) WCH & Superior AveCity Parking Lot Cassia leptophylla (Louise Greeley) West Newport Park Erythrina caffra (Russell Marc Beaumont) (Jeff Steven Reinker) 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 21 G-1 NEIGHBORHOOD TREES Along Avon Avenue Buena Vista and Lindo Avenue Candlestick Lane (Baycrest) Clay Street (Irvine Ave to St. Andrews Road) Cliff Drive (north side, west of Dover Drive) Cliff Drive Park (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) Heliotrope Avenue (Corona del Mar) Eucalyptus globulus (8) Erythrina caffra (1) Eucalyptus citriodora (17) Ficus microcarpa 'Nitida' (21) Agathus robusta (4) Ficus benjamina (1) Eucalyptus citriodora (2) Washingtonia robusta (74) Eucalyptus ficifolia (1) Eucalyptus globulus Ficus macrophylla (6) Eucalyptus citriodora (10) Washingtonia robusta (144) Pinus radiata (2) 22 Irvine Avenue (17th St. to Dover) Irvine Avenue (17th St. to Dover) 128 Kings Road 128 Kings Road L Street Park Leeward Lane M Street Park Margaret Drive Median Marguerite Avenue (Ocean Blvd to Fifth Ave) Mariners Drive Newport Center Drive Poppy Avenue (Corona del Mar) Rhine Wharf Park Along Riverside Avenue (adjacent to.Cliff Drive Park) 725 St. James Road Sandalwood Lane Santa Ana Avenue Seaview Avenue (Corona del Mar) Shorecliffs Entrance Starlight Circle Via Lido Bridge Vista Del Oro Median Waterfront Drive (Avocado Ave to Acacia Ave) West Newport Park G-1 Phoenix dactylifera (Date palm) (30) Spathodea campanulata(African tulip) (39) Roystonea regia (1) Pseudobombax ellipticum (1) Quercus suber (39) Fraxinus uhdei "Tomlinson" (39) Pinus pinea (1) Erythrina caffra (1) Phoenix canariensis (79) Jacaranda mimosifolia (52) Washingtonia robusta (363) Eucalyptus rudis (40) Archontophoenix cunninghamiana (12) Schinus terebinthefolius (11) Eucalyptus ficifolia (1) Eucalyptus citriodora (3) Eucalyptus robusta (38) Pinus radiata (5) Erythrina caffra (40) Eucalyptus citriodora (10) Eucalyptus globulus (14) Erythrina caffra (6) Schinus molle (16) Metrosideros excelsus(55) 23 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2023-26 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the gth day of May, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this loth day of May, 2023. Leilani I. Brown City Clerk Newport Beach, California