Loading...
HomeMy WebLinkAbout06/03/2003 - PB&R CommissionJUNE 3, 2003 APPROVED PB &R AD HOC TREE MINUTES CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission AD Hoc Tree Committee Tuesday, June 3, 2003 — 7:00- 9:OOPM City Council Chambers 3300 Newport Boulevard, Newport Beach AGENDA 1. Call to Order — Chair Allen 2. Public Comments on non - agenda items within the limited subject matter jurisdiction of the Ad Hoc Committee. Comments are limited to 2 minutes per person. 3. Minutes of the meetings of May 15, 2003. Waive reading of subject minutes, approve as written, and order filed. 4. Report from the General Services Director regarding the consolidation, evaluation, and staff recommendations for the various suggested changes, • additions, or deletions to the G -1 Policy. 5. Committee discussion of draft G -1 Policy and straw vote on staff recommendations. Committee discussion of Tree Ordinance and Chapter 13.08. 6. Public testimony regarding the general areas or specific issues the Committee should consider during its review of Council Policy G -1 and Chapter 13.08 of the Newport Beach Municipal Code. Testimony is limited to 3 minutes per person subject to extensions granted by the Chair for persons who represent, and are speaking on behalf of every member of a group 7. Committee discussion and direction to staff regarding a new Tree Ordinance. 8. Committee discussion and if desired, final action on recommendations to draft G -1 Policy for City Council consideration. 9. Adjourn C� CITY OF NEWPORT BEACH Ad Hoc Tree Committee of the Parks, Beaches and Recreation Commission May 15, 2003- 7pm 1. Called to order at 7pm ROLL CALL Commissioners Present: Allen, Skoro, Tobin Staff: Marie Knight, Recreation Et Senior Services Director David Niederhaus, General Services Director Robin Clauson, Assistant City Attorney Dan Ohl, Deputy City Attorney John Conway, Urban Forester Teri Craig, Administrative Assistant 2. PUBLIC COMMENTS ON NON- AGENDA ITEMS - Linda Grant stated that she lived on Fernando Road and stated that she had been offended at the way Director Knight had made fun of her at the Youth in Government Day and that the BAS attorney would be speaking on their behalf this evening. 3. MINUTES - APRIL 10, 2003 ft APRIL 24, 2003 Kathy Young stated that her comments from the April 24 minutes should have stated the trees were not native to the area. Yvonne Houssells noted that the minutes stated she was representing 150 homes; it should state 450 homes in her Association and thousands of homes with views. Jan Vandersloot, BAS, stated that some of his comments had not been recorded accurately. Commissioner Skoro stated that as he recalled the minutes did reflect his comments accurately. Motion by Commissioner Tobin to approve the minutes of April 10, 2003 and April 24, 2003 as amended. Motion carried by acclamation. 4. REPORTS a. Report from General Services Director regarding the consolidation, evaluation, and staff recommendations for the various suggested changes, additions, or deletions to the G -1 Policy. Director Niederhaus stated that at the end of the report was a matrix that included recommendations from the public, staff and committee that had been received prior to the meeting and in time to include in the matrix. b. Report from General Services Director regarding current tree replacement policies and an update on the City of Costa Mesa tree replacement program Director Niederhaus noted the G -1 Policy had been revised with strikeouts for deletion and underlines for additions and that staff had tried to be open minded and fair. Chair Allen stated that it was her intention at this time to review the policy and take a straw vote at the end of each page on the revisions made by staff. • Ad Hoc Tree Committee April 24, 2003 Page 2 A straw vote was taken to proceed. Commissioner Skoro asked if the City of Costa Mesa had a policy just for ficus trees. Urban Forester Conway stated that the City of Costa Mesa had a Tree Nuisance Policy where the City could remove the following trees without Commission approval: Brazilian Pepper Ficus Nitida Ash Carrot Wood Commissioner Allen moved to adopt all revisions on page 1 up to line 37. Allen Beek stated that the Commission was not working in compliance with the set agenda. Discussion ensued regarding the Agenda and the procedure on how the Commission would like to proceed. Assistant City Attorney Clauson stated that after reviewing the agenda that it does not appear that a straw vote is called out for on the agenda. • Chair Allen asked if they could move to item 6 and then take Public Testimony after that. Discussion ensued regarding the public need to testify on the March 12 draft before a straw vote is done. After discussion it was decided to proceed with the public testimony. 5. Public Testimony regarding the General Area or Specific Issues the Committee should consider during its review PLEASE NOTE:The following are summary comments from the public are not verbatim due to a technical malfunction. Tess Lier stated that she is opposed to a 2 for 1 tree replacement, as there are so many trees in the City and reminded the Committee that Newport Beach is a view city - not a tree city. She recommended that the Committee consider the homeowner association desires. Allan Beek thanked staff for keeping the 24' box versus the 36' box tree in the Policy and asked what exactly is a City tree. Chair Allen stated that at this time the Committee would not be reviewing the Designated Tree List but would leave that for the entire Commission at a later time. Barry Allen commented that root pruning should only be done on special trees and went on to comment about specific sentences in the Policy regarding that. • Jan Vandersloot asked if any kind of environmental impact report would be done and was concerned about the public's right to appeal decisions. • Steven Wiles, General Counsel for WYSE USE Front and BAS commented on the terms of the BAS agreement and that he did not see that the City was making an effort at getting a Tree Ordinance that would make the policies enforceable. He stated that this was built into the settlement agreement. He commented that Special City Trees should never be reforested. Anne Balderston displayed a picture of people sitting on a bench at Begonia ft Pacific viewing the bay and peninsula under their favorite tree — The Keyhole Ad Hoc Tree Committee April 24, 2003 • Page 3 Tree. She stated that this tree is a Special Tree and believes that it should never be removed and asked if it is a special tree can she believe that it will never be removed. She also commented that people should respect everyone's opinion. Yvonne Houssells gave a copy of view ordinances from Rancho Palos Verdes, Tiburon and Laguna Beach to Mr. Niederhaus and stated again that if there is a Tree Ordinance then there must be a View Ordinance. Linda Grant commented on her view of the importance of trees. 6. Committee Direction to Staff Chair Allen asked staff to format the agenda for the next meeting so that the Committee would be able to go through the policy and do a straw vote on recommendations, hear public testimony and then a final vote on the entire policy. 7. Consideration of Additional Tree Committee Meeting. Discussion ensued regarding possible dates for the next meeting. Chair Allen asked staff to view the City calendar and confirm the next meeting for June 12 at 7pm. The public was reminded that if they want to submit information to the Committee for consideration in this process that it would need to be turned in to Teri Craig at the Recreation Services office by Tuesday, May 27, 2003. . 8. ADJOURNMENT - 9:10pm Submitted by: • Teri Craig, Admin Assistant (1) TO: FROM: ZZ `' _ ., it 1777A Ad Hoc Tree Committee PB &R Commission General Services Director SUBJECT: Council Policy G -1 Amendments Recommendation Agenda Item No. 4 June 3, 2003 Review Council Policy G -1 amendments as proposed by staff and provide direction. Background The City Council directed the review of the G -1 Policy by an Ad Hoc Tree Committee comprised of Parks, Beaches and Recreation Commissioners appointed by the PB &R Chairperson, Debra Allen. Ms. Allen appointed Commissioners Val Skoro and Tom Tobin to the Ad Hoc Tree Committee. Staff was directed to prepare initial reports on the G -1 Policy and Ordinance 13.08 (Plantings) for the first Ad Hoc Tree Committee Meeting of April 10. Public input was also received at that time. The Commissioners particularly asked for any input from the Balboa Arbor Society (BAS) representatives. The second meeting of the Committee was held on April 24 where the Committee members reviewed staff reports on Tree Ordinance 13.08 and the history of illegal tree removals, tree replacement policies, City tree maintenance activities, and initial staff recommendations to revise the G -1 Policy. Various homeowners' associations spoke or provided written recommendations. At least two BAS representatives were present at the second meeting. One, Dr. Vandersloot, presented verbal and written comments, but in answer to Chair Allen's question, admitted the material was his own and not that of BAS. Chair Allen invited any BAS input for the Committee meeting of May 15. The third meeting of the Committee was held on May 15. Staff provided two reports, one included a matrix of G -1 Policy changes and a second report provided an amended G -1 • Policy. Public input was received and included an official representative of BAS. After reviewing public testimony, the Committee directed staff to continue the review of the G- 1 Policy and Chapter 13.08 (Tree Ordinance). Discussion • Staff has completed a complete review of the minutes of previous Ad Hoc Tree Committee meetings, staff reports, public testimony, and all items of written correspondence related to the Tree Ordinance and G -1 Policy. Further changes have been made to the tree policy matrix and proposed G -1 Policy as a result of the review. The attachments are provided for Committee review and vote. The proposed G -1 Policy reflects the staff recommendations included in the matrix. Not all recommended changes to the Policy are included in the matrix, particularly minor changes such as the addition or deletion of one -word or clarification phrases. The first portion of the matrix is correlated with the proposed policy and in chronological order, i.e. Item One is the first significant recommended change to the Policy on page one of the Policy and identified by Line Number One. Not all public recommendations are included in the matrix due primarily to repetition or rephrasing of individual comments that match staff changes. Public input was extensively used in the revisions to the Policy. The most significant features of the new changes to the G -1 Policy include: a) A new Problem Tree category with a separate, more simplified removal process; • b) Reduction in mandatory conditions for All Other Tree removals; c) Inclusion of view impediment as a condition for Problem and All Other Tree removals; d) Reduction in number and size of tree replacements; e) Time limit on Reforestation submittals; f) Waivering of Supplemental Tree Trimming before Reforestation action when impractical or infeasible. g) An added column for Tree Committee decisions on each recommendation. Due to the number and complexity of the recommended changes, an additional Tree Committee meeting is recommended. General Services Department staff have no recommended changes to Chapter 13.08 (City Tree Ordinance). Very respectfully, David E. Niederhaus Attachments: (A) Council Policy G -1 (Proposed Changes) • (B) Matrix of Suggested Changes to G -1 Policy