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HomeMy WebLinkAbout16 - Change of Designated Street Tree on Serrano Avenue• Meeting Date: April 26, 1999 Agenda Item No.: 16 Subject: CHANGE OF DESIGNATED STREET TREE ON SERRANO AVENUE. ALSO refer to City Council Agenda Packet for the Meeting of April 12, 1999, ITEM NO. S33 for the Original Report or Backup Information on this item. Thank you! • City Council Agenda Item No. 16 April 26, 1999 TO: Mayor & City Council FROM: General Services Director SUBJECT: Change of Designated Street Tree Recommendations a) Direct staff to give 10 days notice to the resident of 2118 Serrano Avenue to remove three Norfolk Island Pine trees from the City parkway adjacent to his property and authorize staff to remove the trees at property owner's expense if resident fails to comply. b) Direct staff to give written notice to the resident of 2118 Serrano Avenue to submit an encroachment permit application to retain and modify the private stonework in the parkway adjacent to his property to alleviate any hazards to pedestrians. Background The Council considered two tree related items as one agenda item at the April 12, 1999 meeting. One item was the proposed suspension of the Council Policy G -1 (Retention and Removal of City Trees) and the second was a recommendation to overturn a denial by the Parks, Beaches, and Recreation Commission of a request for a change of the designated street tree for Serrano Avenue. Both items were placed on the agenda by Mayor ProTem Thomson. Regarding the first issue, the Council directed staff to review Policy G -1 for any recommended changes to the Policy to resolve individual disputes on tree removals and report back within 30 days. That effort is underway. After considerable discussion by Council and the members of the public on the appeal request for a change of designated street tree, Council continued the matter to April 26 with direction to staff to clarify a variety of issues. Staff has done so in the following report and through the use of several attachments. 0 Discussion Because of the confusion created by various comments regarding the original chain of events that led to the appeal, staff has compiled the attached chronology of this matter (Attachment A). Another item of clarification for the Council is that the City Magnolia trees that were formerly in the parkway of Serrano Avenue (the trees in question were actually on Granada Avenue) caused no public damage to the sidewalk, curb, or gutter (See map — Attachment B). The tree damage cited by Mr. Flowers, the resident of 2118 Serrano Avenue, was to his private stonework improvements in the parkway. The trip and fall hazard Mr. Flowers cites is related not to just minor hardscape damage to the stonework caused by tree roots, but by the general design of the private improvements. Staff can find no record of an encroachment permit for the stonework. In staff's opinion, the construction of the stonework (particularly the small boulders) presents a safety hazard to pedestrians and should be removed or modified through the application process for an encroachment permit. The Norfolk Island Pine trees (also known as the Star Pine) planted in the Granada Avenue parkway by Mr. Flowers are not a desirable parkway tree species. As noted by 0 the attached Western Garden Book reference publication on plants, the Star Pine grows to over 100 feet tall and has sharp points which are hazards to pedestrians (Attachment C). Staff does not recommend the retention of the three trees. An example of a mature Star Pine is a City median tree located at the east end of Balboa Avenue. It is decorated each year for Christmas. There are only 14 Star Pines in the City urban forest inventory and are predominantly located in park areas as the above reference recommends. The current street tree designation for Serrano and Granada Avenues is the Magnolia tree. A number of Magnolia tree varieties are available from the parkway tree list, should Mr. Flowers decide to re- petition the PB &R Commission for an acceptable species for either Serrano or Granada Avenues. Magnolia trees are not known for causing hardscape damage particularly when planted with root barriers. One reason given for Mr. Flowers' actions was his frustration with the delay in action to his request. Yet a tree inspection report was completed by the Urban Forester within 10 days of the request and two alternatives were offered (root pruning and transplanting). When one considers that the Urban Forester handles individually over 200 tree requests per month, the response and followup were excellent. The majority of the delays were the result of the decision by Mr. Flowers to refuse to allow any disturbance of his parkway stonework to allow root pruning or transplanting of the tree by City forces. 0 Council also directed staff to provide the minutes of the April 6, 1999 PB &R Commission meeting in order to review the discussion and decision on the request. The draft minutes are provided with Item 10 (Flowers tree request l of the Commission agenda highlighted (Attachment D). Summary Some of the matters in this case have been resolved, such as restitution for the three City trees that were destroyed ($868). However, the remaining issues of the removal or retention of the Star Pine trees, the necessity for an encroachment permit for parkway improvements, and the disposition of the private stonework in the parkway should be resolved to remain consistent in applying Council policies. Staff has reviewed all materials related to the case, provided all information requested by the Council, and has included two recommendations for final resolution. Very respectfully, • David E. Niederhaus DEN /mhl Attachments: (A) Chronology of Events — 2118 Serrano Avenue (B) City Map (C) Western Garden Book — Reference on Star Pine (D) PB &R Commission Draft Agenda (Item 10) E City of Newport Beach Tree Incident - 2118 Serrano Avenue Feb. 17, 1998 Mr. Flowers, 2118 Serrano Avenue, requests John Conway, Urban Forester, to: remove one City Magnolia tree which was damaging private stone pavers in the City parkway, replant with same type of tree, and install a root barrier. Feb. 26, 1998 City Tree Inspection Report completed by Mr. Conway indicates the Magnolia tree (located on Granada Avenue) was healthy and recommended retaining the tree. He confirmed damage to private stone pavers installed in the parkway, and suggested root pruning once the pavers had been removed by Mr. Flowers. March - Several phone calls between Mr. Bob Muellar (Mr. Flowers' personal April 1998 assistant) and John Conway regarding the situation. May 22, 1998 Letter to Mr. Flowers from John Conway denying his tree removal request based on City Council Policy G -1 and offered root pruning as an alternative to tree removal. The letter explained Mr. Flowers' recourse of appeal to the PB &R Commission and detailed in bold letters not to remove any trees and warned of restitution if trees were removed. May 22, 1998 Letter to Mr. Niederhaus from Mr. Flowers objecting to the City's refusal to remove the single Magnolia tree. He warned the City that he would pursue tree removal at his expense, replace the tree with the same type, and pursue litigation against the City. June 4, 1998 Letter from Mr. Niederhaus to Mr. Flowers offering two alternatives to tree removal. 1) City staff would root prune the Magnolia tree if Mr. Flowers would remove the private stone pavers, or 2) The City would transplant the Magnolia parkway tree causing damage to private pavers to another location at a cost of $200 to Mr. Flowers. July 22, 1998 Mr. Flowers sends a check for $200 to City to transplant the Magnolia tree. Aug. 31, 1998 Mr. Muellar was again informed that transplanting the Magnolia tree was not possible without saw - cutting private stone pavers for access to the roots. Mr. Muellar indicated saw - cutting of private stone pavers was not acceptable to Mr. Flowers. Mr. Conway informed Mr. Niederhaus of this matter. 0 • City of Newport Beach Tree Incident - 2118 Serrano Avenue Sept. 29, 1998 Police respond to complaint of three City Magnolia trees being removed without permission. Mrs. Flowers informed police she thought her husband had received City approval for tree removals. Oct. 15, 1998 Memo from Mr. Niederhaus to Dan Ohl, Deputy City Attorney, indicating Mr. Flowers' representative called on the morning of the tree removals to inquire of the probable circumstances should Mr. Flowers decide to remove the trees. Consequences of such action were explained in detail to the representative. Oct. 21 - Series of correspondence between City staff and Mr. Flowers. Mr. Ohl Nov. 6, 1998 requests a meeting with Mr. Flowers to resolve tree issues. Jan. 19, 1999 Mr. Ohl and John Conway met with Mr. Flowers. Problem areas are not resolved. Decision made to refer matter to PB &R Commission. Feb. 5, 1999 Mr. Flowers was informed by Mr. Ohl that the PB &R Commission would hear his appeal on March 2, 1999 as he requested. March 2, 1999 PB &R Commission considers staff recommendations to seek restitution of $868 for the loss of three City Magnolia trees, the removal of 3 Norfolk Island (Star) Pines planted by Mr. Flowers, and staff direction on 3 Sago palms planted in parkway at 2118 Serrano Avenue without an encroachment permit. Commission continues item because of Mr. Flowers' absence and requests Mr. Flowers' presence at the April PB &R Commission. March 1, 1999 Mayor ProTem Thomson convenes meeting with General Services Director and Deputy City Attorney to resolve Flowers case. April 6, 1999 PB &R Commission considers a request to change the designated street tree to Norfolk Island Pine. Request denied. April 8, 1999 Mayor ProTem Thomson submits Council agenda item on the matter. April 12, 1999 City Council considers Flowers tree problem and directs staff to provide further information by the April 26 Council meeting. 4 6 740,.-,. 7441 487�- • 4" �4 75 �2 ..2 srxrrr 201? n 2002 20 16'9 2011 �" If T� -,2005 I I NMI fl, Sm Mmt x srrrrr 00 ar 1909. Fim v- A -.W 20061t` V4j 2036 qS, 204 2023 9 x srrrrr 00 ar 1909. Fim v- A -.W 20061t` 9 S&Y 0761 0 SE T x srrrrr 00 ar 1909. Fim v- A -.W 20061t` 2050. 2029 zp ?z� 02i AVSKUr 1Y4 6-1 STREr 'Vil q I, q1 ..4 .4 2— 212 "Y" fl. Ogtz zj z - WWI 9 Note: Trees (3) located by "*" 0 City GIS Locator Peninsula Point Area xr 4-4,� 9 S&Y 0761 0 2050. 2029 zp ?z� 02i AVSKUr 1Y4 6-1 STREr 'Vil q I, q1 ..4 .4 2— 212 "Y" fl. Ogtz zj z - WWI 9 Note: Trees (3) located by "*" 0 City GIS Locator Peninsula Point Area xr 4-4,� Western Garden Book Arabis- Ararrcarlaceae ........ ................. .............................. ............................... L • Amlhit rm+auiru ngs. rock gardens, ground covers , ctive year-round foliage and clus. s in spring. . Zones 1 -7. Low tufted plant. high and basal leaves in clusters. triety 'Hosea.6 in. high, has pink Plants sold as A. alpiva are Often CKCRIiSS, ROSE CRrk%. Zones 5, ridges near sea, Alarin County to vnial 4 -8 in. high. Rasa) leaves hgranl. W -3 /4 in. wide. in short, il. Rock plant in nature. equally rden. Also good container plant. )CKCRU.SS. Native Mediterranean forms mat of gray leaves to 6 in. plants in Carly spring. Excellent ing- flowering bulbs such as (if- anion for Aurinia saraliiis and It creamy white margins. 11ore- I'Pink Charm' have pink blooms. is in colder climates. Snarl plants II. Provide some shade in lot, dry n. fps to 4 in. Commonest form is splashed with white. small bright green leaves evento- hiie flowers on 2 -3 -in. stems in 50 fines[ rock garden plants. is ranging from tuberous or Tid- ing tropical foliage plants. Leaves :tit shape. they tend to be arrow. i on a chub- shhaped spidix within Examples are anthorium, calla h of many is highly irritating to ,entually hditlons. sw a of LS wI1CfC lyveri- Ardmrao+raut Y. lingo leaves. clustered at ends As. have effective pattern value. White flowers, small but in such large, branched clusters that they are showy in midsummer, are follower) by purplish berrylike fruit. Not good near swimming pools because of spines; even leafstalks are sometimes prickly, Protect plants from wind to avoid [)timing foliage. A. chinensis. CIIINIM ANGELICA, Only modera[ehyspiny. Leaves 2 -3 ft. long. divided into 2 -6-fn. long toothed leaflets without stalks. flower clus- ters grow 1 -2 fl. wide. A. elata. JAPANESE ANGELICA TREE. Native to northeast Asia. Similar to A. cliiaensis but lealets are narrower, have fewer teeth. A. e. 'Yariegant' has leaflets strikingly bordered with creamy white. A. elegantissima. See tichefliera elegan(issima A. papyrlfem. See Tetrapanax papyrifems A. sfeboldfi. )APANEtif. ARALIA. See Fatsfa japonica Araliaceae. The actin family of herbaceous and woody plants is marked by leaves that are divided fanwise into leaflets or veined in pattern like the lingers Of a hand. IOdividitaliy tiny flowers are in round clusters or in large compound clusters. lixanglCs are English ivy, Japanese aralia (Falsia ialwnica). and schCRlern. ARAUCARIA Araucariaceae EVERGREEN TREES Z ZONES VARY BY SPECIES %} FULL SUN REGULAR WATER hese strange - looking conifers, prominent skyline trees in many parks and old estates in California. provide distinctive Silhouette with 6"** their evenly spread tiers of stiff branches. Most have stiff, closely overlapping, dark to bright green leaves. All do well in a wide range of soils with Am wam"na adequate drainage. These trees Serve well ns sk line trees but they become su towering Ihal dh need I he s ace the would have in a ark. MI the are not trees o sit under —with age they bear large, s in IO- 15 -lh. cones t ul wit h a crash. They thrive in containers for several years. even in desert areas. A. Araucania (A. imbrica[a). MONKEY PU7.711 TREE. Tunes 4 -9. 14 -24. Native to Chile. Arboreal oddity with heavy, spreading branches and ropeiike brancldets closely set with sharp -pointed dark green leaves. Hardiest of araucarias. Slow growing in youth, it eventually reaches 70 —t)0 ft. A. bidwillfi. BUN1'A- 11UNYA. Tunes 7 -9, 12 -24. Native to Australia. Probably most widely planted araucaria in both coastal and valley areas of California. Moderate growth to 80 fl.; broadly rounder) crown supplies dense shade.lWo kind% of leaves: juvenile leaves are glossy. rather narrow. —2 in. long. stiff, more or less Spreading In two rows; mature leaves are oval, 4x fn. long, rather avody, spirally arr ngeil and overlapping along branches. Unusual house plan[; very tough and tolerant of low light. A. heteroobrvlla (A. excelsa). NORFOLK ISIAND PINT. Zones 17 21 -24. Moderate arowt17 r rate to I(K) ft., of pyramidal shape. juvenile leaves rather narrow. Y: fn. lone. curved and with sharp 011 lms`mature leaves somewhat triangular and , densely overlapping. Can be held In containers for many years— outdoors in mild climates, indoors anywhere. Ara Wdaaeh opbdta Araucariaceae Umiferous trees with Symmetrical branching habit and leaves that vary from needlelike to broad and leathery. Arauaaia Is [lie only representative in this book. 161 'k FQ Parks, Beaches & Recreation Commission Regular Meeting April 6, 1999 Page 5 8. Tree Reforestation — Director Neiderhaus stated that the proposed reforestation is necessary because of continued hardscape damage, and an impending failure in the sewer, which could cause major problems if the sewage entered the Buck Gulley drainage area. Jan Vandersloot stated that there has been some strong community opposition, one of the concerns is that it was not noticed to the public. He asked that this issue be deferred until better public notice is done. He also stated that claiming future sewer problems cannot be used as a reason for the reforestation. He stated if there are sewer problems, then the sewer system should be cleaned out. Mr. Vandersloot stated that he does not believe that the Hong Kong Orchid tree will work and suggested that the current reforestation have time to succeed before the next phase. Director Niederhaus noted that before the Corona del Mar reforestation project was undertaken, the various associations were noticed as well as the Corona del Mar Chamber of Commerce and the Business Improvement District. The neighborhood will be noticed in a normal manner when the Department moves forward to reforest. He noted that it would be impossible to prune the roots surrounding or inside the sewer line. Doug Cambell, 2901 Ebbtide Road, representing the Harbor View Homeowners Association stated that they fully support the removal of the ficus trees and have conveyed 100% support for the reforestation to move forward. Ken Russo stated that he believes that the Hong Kong Orchid tree is not of an adequate • size, but does support the removal of the ficus trees. Director Niederhaus stated that there will be an article in the Orange County Register neighborhood paper The Light addressing this issue. He further noted that a 24" box specimen is the largest tree that can be put in the parkway, and that the price triples for anything larger. The Hong Kong Orchid tree will bud and produce leaves and should be an attractive tree over the next several years. Motion by Commissioner Sinclair to approve request by the Public Works Department to reforest 6 City Parkway street Ficus Nitida trees as part of the sewer replacement project on East Coast Highway in Corona del Mar. Motion carried by acclamation. 10. Change of Designated Parkwav Street Tree — Director Niederhaus noted that correspondence had been received from Mr. Flowers confirming that he would be financially responsible for any hardscape damage that the newly planted Norfolk Island Pine tree cause. Commissioner Tobin asked if Mr. Flowers was responsible for illegally removing trees. Director Niederhaus confirmed the illegal tree removals by Mr. Flowers. He stated that the matter was thought to be resolved through a compromise wherein Mr. Flowers would pay for the value of the removed trees and provide a petition for changing the designated street tree and would be financially responsible for any future hardscape damage. Ralph Bernard, Peninsula Point Association President stated that the Association has done a remarkable job in beautifying the area. He asked for clarification as to whether there could be an alternate tree for this street in addition to the already designated street tree. • Chair Beek stated there is no alternate tree approval. Only one tree can be designated per street as the official designated street tree. 49 Parks, Beaches & Recreation Commission Regular Meeting April 6, 1999 Page 6 Mr. Bernard stated the problem then is that he was not in favor of having the Norfolk Island Pine tree as the designated street tree for that street. )an Vandersloot, 2221 E. 16", questioned the entire process, stating the Mr. Flowers had illegally removed the three City street trees, but because he could afford the financial penalty, he just went ahead and removed them. Chair Beek closed the eublic hearing Commissioner Franklin stated a much heavier penalty for illegally removing trees should be imposed, and that the Commission should go on record recommending this. Motion by Commissioner Pfaff to approve request for change of designated parkway street tree on Seranno Avenue from Magnolia to Norfolk Island Pine. Motion seconded by Commissioner Sinclair. Substitute motion by Chair Beek, to disapprove the request of the homeowner to change the designated parkway street from Magnolia to Norfolk Island Pine and uphold the City G -1 policy. Motion seconded by Commissioner Tobin. Motion carried by the following vote: Ayes: Beek, Glasgow, Franklin, Sinclair, Skoro, Tobin Nays: Pfaff V. DISCUSSION ITEMS (CONTINUED) 12. Environmental Nature Center (ENO Proposal — Director Niederhaus stated the City would provide a meeting area and staff assistance for the proposed informal landscaping committee. He stated that the committee could include Commissioners, residents, representatives from the Tree of Life Company and possibly local members of the Native Plant Society. Commissioner Glasgow stated he would like to see local homeowners represented in this committee. Director Niederhaus stated that there are three adjacent homeowner associations that could be approached about participation. Chair Beek opened the public hearing Bo Glover, Executive Director of the Environmental Nature Center stated that he has acted as an advisor to other cities regarding native and natural park landscaping, and offered his services. Director Vandersloot, stated he believes that the thrust of this would be that the ENC would manage the committee. He urged that the Commission approve the proposal. Director Niederhaus stated staff would act as a liaison to the group and provide meeting space. JAN D. VANDERSLOOT, M.D. 2221 East 16th Street Newport Beach, CA 92663 (949) 548- 63?,6� (1014 "8 -6643 'oa AFR 2' 'IZ :1.0 Mayor Dennis O'Neil, and Newport Beach City Council Members - ,,: c H City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Re: City Council Meeting April 26, 1999 Agenda Item #26 Trees at 2118 Serrano Dear Mayor O'Neil and City Council members, DAFT R AGENDA K:2jTEC: "�b April 26, 1999 With regard to the agenda item #26 scheduled for the tonight's City Council meeting concerning the trees at 2118 Serrano, I would like to submit the attached photographs in order to set the record straight on the situation that existed before the trees were cut down. I was going to submit these photos at the last Council meeting. The attached photos were taken on May 8, 1998, before the trees were cut down without City approval. As you can see from the photos, the three Magnolia trees were small in stature and did not cause damage to the sidewalk. Damage to a couple of privately placed stone pavers, consisting of lifting of the pavers at the grout connections, around the larger Magnolia, can be seen. This stone work was apparently done without City permits, and could have been easily repaired once the tree roots were pruned and root barriers installed. The City staff followed the proper procedures in notifying the homeowner of his appeal rights before the PBR Commission. Ignoring the procedures, the homeowner proceeded to illegally remove all three trees (his original request was to remove one of the trees), which caused the current brouhaha. How to deal with illegal tree removals in the future is a serious question which needs to be considered by Council, as the PBR Commission has wrestled with this happenstance on several occasions in the past two years. The currently proposed solution of replacing two Magnolia trees at the site, when three trees were removed, could set a bad precedent because fewer trees are replaced than were removed. If this solution were applied to other situations of illegal or even legal tree removals, it would result in a net loss of City parkway trees. Previously, staff and the PBR Commission have approved planting of trees at alternate locations, if the new trees were going to be too close to utilities, etc. (G-6 Policy). Thus, a third tree would be placed at an alternate location in this case. MayorNB 42 &99 JAN D. VANDERSLOOT, M.D. 2221 East 16th Street Newport Beach, CA 92663 (949) 548 -6326 FAX (714) 848 -6643 I would recommend the City staff do the work of selecting the replacement trees and doing the planting, as the homeowner may not be conversant in the proper type and size of tree, or planting with root barriers, etc, in order to ensure fewer problems in the future. It appears to me that City Staff and the PBR Commission did the right things in dealing with this situation where the homeowner clearly did not elect to follow the City's directions, even after the homeowner and his representative were informed of the procedures. I believe this situation calls for a tougher policy to prevent the illegal removal of City trees, such as substantial fines and replacement of trees bigger than a 24 inch box tree. Heftier penalties might help to deter this kind of behavior. Thank you. Sincerely, Jan D. Vandersloot, M.D. Attachment of photos. MayorNB 42699 '�•,� ^.. �• i _' Tina. rq. � r ,r 1 V A W-P, I If R