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HomeMy WebLinkAbout04/10/2003 - PB&R CommissionAPRIL 10, 2003 APPROVED PB &R AD HOC TREE MINUTES CITY OF NEWPORT BEACH Ad Hoc Tree Committee of the Parks, Beaches and Recreation Commission April 10, 2003- 7pm 1. Called to order at 7pm ROLL CALL Commissioners Present: Allen, Skoro, Tobin Staff: Marie Knight, Recreation 8 Senior Services Director David Niederhaus, General Services Director Robin Clauson, Assistant City Attorney John Conway, Urban Forester Teri Craig, Administrative Assistant Public Present: Barry Allen Alan Beek Jane Brown, SCE Linda Grant (BAS) Virginia Herberts Tess Lier (Cameo Shores HOA) Diane Meyer (Harbor View Hills HOA) John Orr Larry Porter Mark Tamura (Harbor View Hills HOA) Jan Vandersloot (BAS /SPON) 2. REPORTS a. Report from Assistant Citv Attorney reQardinR the terms and conditions of the Settlement Agreement with the Balboa Arbor Society that are relevant to the duties and responsibilities of the Committee Assistant City Attorney Clauson read the following memo from City Attorney Burnham into the minutes: TO: Debra Allen; Val Skoro; Tom Tobin FROM: Robert Burnham RE: Balboa Arbor Society Settlement Agreement Ad Hoc Committee Duties DATE: April 9, 2003 As you know, the City of Newport Beach and the Balboa Arbor Society (BAS) were involved in litigation regarding the removal of the Ficus trees on Main Street in Balboa. This litigation was resolved pursuant to a Settlement Agreement that, among other things, obligates the City to "appoint a committee to commence a public process for the systematic review of the City's G -1 Policy with respect to the preservation and removal of trees within the City.' The City also committed to "consider in a timely manner the adoption of a city Tree Ordinance that would make removal of trees the city identifies as protected trees a violation of the City Municipal Code. On March 11, 2003, the City Council decided that the committee identified in the Settlement Agreement should consist of three members of, and selected by, the Parks Beaches & Recreation Commission. The Settlement Agreement does not define relevant terms but we believe the Committee would conduct a "systematic review" (and comply with the request of the City Council) if it evaluated Ad Hoc Tree Committee April 10, 2003 Page 2 each major element of Council Policy G -1, received input from all interested parties, discussed each element in light of comments from staff and the public and forwarded recommendations to the City Council. The Committee should also receive public and staff input regarding the adoption of a city tree ordinance and make a recommendation as to whether the City Council should consider amendments of the existing ordinance or consider the adoption of a new ordinance. We encourage the Committee to consider the initial meeting as a fact - finding session that will, hopefully, allow interested parties such as BAS to clearly articulate the specific changes to G -1 and the components of an a tree ordinance that they believe are in the best interests of the City of Newport Beach. b. Report from General Services Director regarding Council Policy G -1 and Chapter 13.08 of the Newport Beach Municipal Code Director Niederhaus introduced Urban Forester John Conway and noted that Parks ft Trees Superintendent Marcelino Lomeli was unable to make the meeting because of a family emergency but would be attending the next meeting. Director Niederhaus reviewed Council Policy G -1, Municipal Code Ordinance 13.08, tree removals from the last 10 years, and noted that the City of Newport Beach will be recognized as a Tree City USA for the 13`h consecutive year and presented a special growth award at the Council meeting on April 22. 3. Introductory Comments by Chair Allen Chair Allen introduced herself and stated that meetings had been also scheduled for April 24 and May 15 of the Ad Hoc Committee. The Committee will hear the public as they voice their concerns regarding tree policies and will give direction to staff. After the Committee has heard from the public and concluded their deliberations, they will present their findings to the Parks, Beaches and Recreation Commission and will forward a report to the City Council. 4. Committee Member Discussion Commissioner Skoro stated that he had been part of the previous 18 -month discussion of the G -1 Policy and hoped that it would not take that long this time. He noted that the G -1 could be improved and hoped that everyone would listen, so that recommendations could be made and move forward. Commission Tobin stated that he has an open mind and willing to hear all issues. 5. Public Testimony regarding the General Area of Specific Issues the Committee should consider during its review Larry Porter stated that there seems to be problems with enforcement of the G -1 Policy and that it could be enforced more easily if it was an ordinance. He noted that he does not want to see another Main Street Ficus fiasco. Barry Allen stated that views are extremely important to homeowners and the homeowners association CCftR's. He stated that the G -1 Policy has worked well in the past and would be concerned with changes. He stated that the tree trimming does not always work with the sporadic growth of trees and that by planting such small trees as replacements that homeowners will experience removal problems in the future. Mr. Allen stated that if the Balboa Arbor Society (BAS) has a problem Ad Hoc Tree Committee April 10, 2003 Page 3 with the G -1 Policy then they should submit what changes they feel should be made and the Committee and the public could start from there. John Orr thanked Urban Forester John Conway for his professionalism and expertise. He stated that he echo's Mr. Allen's comments. He reinforced the fact that views are extremely important for the homeowners, the association but also for property values. Tess Lier from Cameo Highlands stated that she also worked on the G -1 Policy and that a good compromise was reached for a view City. She stated that she appreciates the trim cycle. She asked that BAS or Dr. Vandersloot submit their suggestions for change of the policy. She stated that the G -1 is there to protect the trees and views. Alan Beek commented that the City's replacement numbers of tree removals is much too high. He noted his surprise that the trimming cycle was ok with the last witness. He stated that there really is no protection of the private view and that once a tree is named special it becomes a "holy" tree. Mr. Beek stated that taking out 42 trees and planting 487 is just too high. He stated that the City should worry more about the poor homeowners than the trees. Jan Vandersloot, BAS /SPON stated that the City should have public members on the committee and it was a condition of the settlement with BAS. He stated that BAS does not want to change anything in the G -1 Policy having to do with views. The major concern is reforestation. He stated that when a tree is reforested it should not be replaced with a toothpick of a tree. Chair Allen asked Mr. Vandersloot's thoughts on tree trimming for views. Mr. Vandersloot stated that trees should be trimmed in accordance with the International Society of Arboriculture standards; trees should not always be topped off. He also noted that trees should become part of a view for residents. Mr. Vandersloot asked for more time. Chair Allen stated if there was more time after everyone else had spoke he would be allowed more time. Virginia Herberts stated that she was part of the committee that first applied for the City to become Tree City USA. She also stated that the Special Tree List began when she was part of the Commission and that they started this list as a response to the community when a specific tree lent a certain kind of ambience to the neighborhood. She also noted that some trees that are planted do not respond well to the Newport Beach climate and suggested that more study be done before a tree is selected. Mark Truman thanked the Commission for the G -1 Policy. He stated that he lives in a view community and that he does not want someone to tell him what his view should be. Lynn Miller, BAS stated that the G -1 Policy was not observed in the removal of the Main Street Ficus trees. She stated that those fcus trees were "Special" and should never have been removed. Chair Allen asked Ms. Miller if she believes that the problem with the G -1 is that the rules are not always followed. Ms. Miller stated yes. Ad Hoc Tree Committee April 10, 2003 Page 4 Linda Grant, BAS, stated that Mr. Porter had just handed her a card displaying the Main Street ficus trees and that it just makes her want to cry. She stated that we need an ordinance to protect City trees. She stated that she believes in trees. She stated that John Conway should be on the Ad Hoc Committee. She stated that our town has been destroyed. She stated that she sued the City because she had to. She stated that she is not going away and that the City will need to get used to that. Diane Meyer commented that it would be helpful to know just exactly what BAS wants. She stated that she loves trees, views and John Conway. She stated that a reforested tree should not be replanted if it is going to cause a problem with views. She suggested that more funds are needed for more frequent trimmings. Bill Simons stated that he lives in Jasmine Creek which does not have City trees adjacent to the community but he appreciates the G -1 Policy as it protects their views and that all associations should adhere to the view policy. Discussion ensued regarding the settlement. Assistant City Attorney Clauson stated that the City won at the Superior Court level but it was appealed; a settlement was reached rather than continuing with the lawsuit. Jan Vandersloot began to discuss the BAS lawsuit Ms. Clauson stated that instead of rehashing the settlement, why doesn't the BAS put in writing what they feel should be changed. Mr. Vandersloot comments are as follows: - City needs a more effective Tree Care Ordinance that deals with retention and removal so that enforcement can be done - There should be better mitigation of tree values and functions. - City should review Costa Mesa's 3 to 1 tree replacement policy for possible adoption. - G -1 needs better reforestation criteria (he brought up the Singleton's letters that were never answered); should only be done when there is repeated damage - Too much trimming defaces the tree. Better maintenance procedures are needed before removals are done (maintenance suggestions for the Main Street trees by a three arborist were ignored) - Special City Trees should be protected forever and never removed for any reason. City needs to establish a Tree Committee as the Parks, Beaches and Recreation Commission do not necessarily always like trees. He again commented that the City should not be receiving the Tree City USA award. He noted that BAS members would like to be part of the Tree Committee. Ad Hoc Tree Committee April 10, 2003 Page 5 Chair Allen stated that this committee has waited for 6 weeks for the BAS to put their comments in writing and suggested that the Committee would like to see it earlier rather than later. 6. Public Comments on Non - Agenda Items Virginia Herberts stated that she has concerns about Council Policy G -6 — Maintenance and Planting of Parkway Trees as she believes that tree maintenance should not have been privatized. She noted that City trees would have a better chance if they were cared for by people that care about them and planted in the correct manner. Alan Beek noted that he believes that little trees are far more interesting than big trees. Barry Allen asked the Commission how the City of Newport Beach had been selected as Tree City USA. Director Niederhaus stated that the City applies for the tree award and has been designated on an annual basis with the approval of the Parks, Beaches and Recreation Commission. Linda Grant stated that trees make this City better. She again stated that she sued the City to save the trees. She noted that she is tired of people badgering her and the committee because of their love for their trees. She stated that she is aware that the Council has made jokes of them but the bottom line is she and the Balboa Arbor Society are not going away. John Orr asked what are the benefits of being know as Tree City USA. Director Niederhaus stated that roadway signage is provided with a plaque and a flag that is flown. The distinction of Tree City USA is not so much an award as it fosters urban forest care and growth. Jan Vandersloot stated that he supports the City being Tree City USA and reminded people that don't like trees that they were initially planted to help rid cities of smog. He commented that Newport Beach should not be a City of pygmy trees. Tess Lier asked what is being done for the Eucalyptus trees on Balboa Boulevard near Main Street. Urban Forester John Conway stated that those trees were being treated for lerps and that injections should cure the problem. 7. Committee Direction to Staff Chair Allen stated that she has learned from the public that John Conway does a wonderful job and that most of the problems with the G -1 policy are enforcement concerns and not the language. Chair Allen stated that the enforcement issue is basically because of the Main Street Removals and believes that it was an isolated incident. She asked staff to confer with the City of Costa Mesa regarding their 3 to 1 replacement policy. She also stated that this Committee is not ready to discuss Special Trees and does not believe that is a item that should be discussed by this Committee. Ad Hoc Tree Committee April 10, 2003 Page 6 Chair Allen asked staff to return with a staff report on how well the City mitigates the maintenance of trees re: their health; and a report from staff regarding any issues or concerns they may have with the G -1 policy. Director Niederhaus commented that the Council had augmented the tree maintenance budget in FY 2002/03 for funding of tree root barriers, root pruning and annual trimmings. Commissioner Skoro stated that he also would like to see a written statement from the Balboa Arbor Society outlining their concerns and would like staff to review the monetary aspects of more care and tree trimmings but reminded the public that the City does not have an infinite source of money and like all things money is an issue. Commissioner Tobin stated that he also would like to see something in writing from the Balboa Arbor Society. ADJOURNMENT - 8:45pm r Submitted by: Teri Craig, Admin Assis