HomeMy WebLinkAbout07 - Special Tree Removal - Tom Neal - 2030 Leeward LaneI 1
\J
�J
0
42�WPORT
O �
�_
C'/( /FO M1�`'
PB &R Commission Agenda
Item No.
January 6, 20KI
TO: Parks, Beaches and Recreation Commission
FROM: General Services Director
SUBJECT: Special Tree Removal Request
Recommendation
Staff recommends that the Parks, Beaches and Recreation Commission consider the removal
request of a Special City Tree, Neighborhood Tree.
Discussion
City Council Policy G -1, Retention or Removal of City Trees, Special City Trees,
Neighborhood Trees requires that the Parks, Beaches and Recreation Commission approve the
removal of a Special Tree prior to removal.
Per City Council Policy G -1, staff is requesting the removal of a City Tomlinson Ash tree that
is adjacent to 2030 Leeward Lane. The tree is listed as a Special City Tree under
Neighborhood Trees.
On November 13, 2008, staff submitted on behalf of the property owner Tom Neal, a request
for the removal of the City tree, after an inspection by the City's Urban Forester, which
confirmed evidence that the tree was infested with tree borers, consequently, this caused the
tree to severely decay. Additionally, the tree has a co- dominant trunk that is near failure, and
can cause the tree to destabilize due to the severity of the decay. Unfortunately, there are no
practical treatments available to retain the tree as required by Council Policy G -1, page 2.
However, the tree is not posing an imminent danger, but is creating a potential liability.
On December 8, 2008, the Urban Forester placed a tree removal notification on the tree, based
on the criteria of Policy G -1, Removal of City Trees, page 5, which states that staff will post at
least 30 days prior to the removal with a sign notifying the public that they have the right of
appeal and staff contact.
If the removal is approved, there will be a 36" box Raywood Ash (Fraxinus oxycarpa)
replacement tree planted.
Staff has attached the Tree Removal Report, and photographs related to the request
(Attachments A & B).
Mr. Tom Neal, Council Member Don Webb and the Mariners Community Association have
received a copy of this report and a notice of the Commission meeting. Additionally,
• notification letters related to this removal request were sent out to the surrounding property
owners (Attachment Q.
1
Very rTTespectfull�� i
y
Mark Harmon
Attachments: (A) Tree Removal Report
(B) Pictures
(C) Map
(D) City Council Policy G -1, Retention or Removal of City Trees, pages 1 -6
•
•
a
TO: General Services Director
FROM: Parks and Trees Superintendent and Urban Forester
SUBJECT: Tree Removal Review -Potential Liability Removal
PROPERTY OWNER(S)
INFORMATION:
Date:
Name: Tom Neal
Tree Location: 2030 Leeward lane
�I
NOV 26 2008 I
The property owner is requesting the removal of a City Tomlinson Ash tree that is severely
decaying and insect infested. The tree has a co- dominant trunk that is near failure, and can
cause the tree to destabilize due to the severity of the decay and insect infestation. The tree is
not posing an imminent danger, and does not necessitate an emergency removal, but is
creating a potential liability.
The tree is listed as a Special Tree, Neighborhood Tree based on Council Policy G-1, which
requires recommendation from the General Services Director and Risk Manager, and
approved by the City Manager prior to removal. Additionally, staff will forward a report for
ApoiJ rw iva- to the Parks, Beaches and Recreation Commission before any further action
considering removal is taken. The City must comply with noticing provisions set forth in the
Policy G-1, page 2, paragraph 3.
•
•
REPLACEMENT TREE: YES ® NO ❑
DESIGNATED TREE: Fraxinus oxycarpa `Raywood' — Raywood Ash
SERVICES DIRECTOR'S
SW1 /�' ":1f.
TIONS:
The attached documents are fdr youf review and comment(s). Sign, date, and route accordingly.
FINAL ACTION TO BE TAKEN:
❑ Low Priority
❑ Moderate Priority
❑ High Priority — Forward memo directly to City Manager for immediate removal authority
❑ Emergency— Forward memo immediately to General Services Director
s 1412W2
Conclusion:
Signatu Title Date
REMOVAL: Approved ❑ Disapproved
City Manager Date
Attachments
0
40 a „a200z
LJ
TREE INSPECTION REPORT
Name: Tom Neal
Tree Location: 2030 Leeward Lane / Front -1
Request: The property owner is requesting the removal of a City Tomlinson Ash
tree that is severely decaying and insect infested.
Botanical Name: Fraxinus uhdei 'Tomlinson'
Common Name: Tomlinson Ash
Designated Street Tree: Fraxinus oxycMa ` Ravwood' - Raywood Ash
Estimated Tree Value: $3,260.00
Damage: No apparent damage
• Parkway: Concrete Brick Turf (X) Other
Comments: A field inspection confirmed a City tree that is severely decaying and
insect infested. The tree has a co- dominant trunk that is near failure,
and can cause the tree to destabilize due to the severity of the decay
and insect infestation.
There are no practical treatments available to retain the tree as required
by Council Policy G -1, page 2. The tree is not posing an imminent
danger, but is creating a potential liability. However, the tree is listed
as a Special Tree, Neighborhood Tree, which necessitates the
recommendation of the General Services Director and Risk Manager,
and approved by the City Manager prior to removal (Policy G -1, page
21 ngragraph 3).
Inspected by � "' -,6f � Date: November 13, 2008
John Conway, Urban Forester
Recommendation: Remove and replace the tree to mitigate potential liability, once
notification provisions have been complied with as noted within Policy
•
G -1. Additionally, staff recommends evaluating the entire street, since
there its vidence of severe decay among many of the street trees.
Reviewed by: t t Date: Nov ber 13, 2008
. Dan P. Sere , P s d rees Superintendent
Reviewed by: Date: "�,,�'
Mark Harmon, General Services Director
9
•
11/ „03/2008 10:34 3235882242 MELISSAS PAGE 01
Tom Neal
2030 Leeward Land
• Newport Beach, CA 92660
949 -515 -7085
John F. Conway Jr.
Urban Forester General Service Department
City of Newport Beach
John,
I am writing to you in request to have tree removal in front of my residence at 2030
Leeward Lane. I am the resident and have lived at 2030 Leeward Lane for 12 years. My
request to have the tree removed is as follows:
My tree was selected by the city of Newport Beach to be removed 9 years ago. The reason
that was given was cost and maintenance and the liability of roots and overgrown and age_
Termites were also present and a major concern.
Now, currently my tree has even more infestation of termites which is spreading and
evident on my house.
My tree has been trimmed and pruned so often that the sun exposure is causing the bark on
the tree to sunburn and crack and peel which is allowing for termites to enter. Excess
pruning of this type of tree is not meant for the health of the tree.
The excess removal and cutting of the root system is placing the tree in risk of falling and
causing the roots to uplift the small area between the curb and the sidewalk making the
appearance look unacceptable.
I am requesting for the tree to be removed as I have a number of times and once again the
city of Newport Beach thought it should be removed some 9 years ago. So we need to
proceed as the tree has lived its life.
I appreciate your understanding. It would be in the best interest of everyone if we can
Proceed urgently as the tree across the street is being removed as well. Appreciate your
time and understanding.
Thank on,
Tom Neal
C,
J
ArborAccessOnline - newportbeach.wcainc.com
Show /Hide Map Print Report
Inventory Detail
Dist:
16
Address:
2030 LEEWARD LN
Fictitious:
No
cation:
Front -1
Address:
2030 LEEWARD LN
Species:
Fraxinus uhdel 'Tomlinson', TOMLINSON ASH
DBH /Height:
13 -18 / 30-45
Parkway Size:
5
Utility Overhead:
No
Sidewalk Damage:
No
Recommended Maintenance:
Grid Trim
Estimated Value
$3,260
WCA Work History
Date
Work Type
Amount
Job#
7/11/2008
Resident Refused
$0.00
12665
2/15/2008
Service Request Pruning
$39.00
11063
11/15/2005
Grid Pruning
$39.00
8474
5/3/2004
Root Prune & 12" Barrier
$7.00
6768
3/25/2002
Grid Trimming
$39.00
4184
1/27/2000
Grid Trimming
$39.00
2866
Other Work History
Date Work Type Crew Acct# Min
Page 1 of 1
is
http: / /newportbeach. wcainc. com / inventory /SearchResultsDetailPrintMap .asp ?TreeID = 985574 12/09/2008
QO
CD
�. D
Ifs � � Y • � �;._
ti
_ e!
r •
l
c
I
' � 4
3+
J,-
it
+'� T
t
1
Y � t
Alto
iVi
�r A R
y `
. op �.
�.. 00.
Ir
t l
1
.t
�'
1p
tit
r
}
1-
C` r
v-r
4
9
.'.
y�
4 '_t� OEY..I
r �
re f
0"
4.
Ave
'` p
r� p
CN
�.
LO
00007D
Ad.W
r_
t
l
G-1
RETENTION OR REMOVAL 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 non - hazardous condition. To require that in
approving any tree removal or reforestation request the PB&R Commission shall find
that the tree removal request will not adversely impact the overall inventory, diversity
and age of the City's Urban Forest.
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 views consistent with Council Policy G-3 and preventing
public and private property damage.
The City classifies public trees in one of three categories: Special Trees, Problem Trees,
• and All Other Trees.
SPECIAL CITY TREES
It is the City's policy to retain City trees categorized as Landmark, Dedicated, or
Neighborhood trees, which 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 by Attachment 1, and shall hereinafter be
referred to as Special Trees. Trees within these categories shall be identified, mapped,
recorded and administered by staff for the Parks, Beaches & Recreation Commission
( "Commission "). The Commission shall review the Special Tree list on an as needed
basis and forward recommendations for additions or deletions to the City Council for
approval.
Landmark Trees are identified as those individual Special Trees that possess historical
significance by virtue of their size, age, location, or species.
1
•
G-1
Dedicated Trees are Special Trees donated for or in the memory of specific individuals
• or organizations.
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.
Special Trees shall be retained, unless there are overriding problems, such as death,
disease, or the creation of a hazardous situation, which require their removal. Prior to
consideration for any removal of a Special Tree(s), the General Services Director, or
designee, shall prepare a report identifying and implementing specific treatment to
retain the tree(s). If specific treatment is 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. Prior to any removal of Special Tree(s), the City must
comply with the noticing provisions of the Removal of City Trees section set forth in
this Policy, unless a Special Tree is considered hazardous that necessitates an
emergency removal. Any such removal must be recommended by the General Services
Director and the Risk Manager and approved by the City Manager.
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 6 months to a year 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 costs are reasonable. All proposed _root pruning or outer tree
treatment shall be assessed and approved by the Urban Forester.
Special Trees may be considered for removal in conjunction with a City Council
approved beautification project utilizing the Removal of City Trees procedures noted in
a subsequent section of the Policy.
PROBLEM TREES
A Problem Tree is defined as a tree that by virtue of its species causes excessive
hardscape or utility damage due to its excessive root system. The following trees are _
defined as Problem Trees:
2
•
°
°
0
°
°
• o
Ficus nitida (Indian Laurel Fig)
Ficus rubiginosa (Rusty Leaf Fig)
Ficus benjamina (Weeping Fig)
Frythrina caffra (Kaffirboom.Coral Tree)
Fraxinus uhdei (Shamel'Ash)
Cupaniopsis anacardioides (Carrotwood)
Liquidambar styraciflua (American Sweet Gum)
Schinus terebinthifolius (Brazilian Pepper)
G -1
Problem Trees shall not be designated as parkway trees on the Designated Street Tree
List.
Problem Trees that are not designated Special Trees maybe removed for the following
reasons:
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 stoppage that results from tree roots and causes significant
documented private property damage (greater than $500) shall be sufficient
criterion for tree removal.
B. The City tree has had repeated history of significant interference with street or
• sidewalk drainage, despite specific treatment by the City to alleviate repeated
damage.
C. The City tree has created, in the opinion of the Urban Forester, 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 authority to remove Problem Trees rests with the City Manager. No more than 250
Problem Trees may be removed per year by staff under these criteria without special
approval of the Parks, Beaches,_ and Recreation Commission. hi removals under
Sections A & B above, no more than one of three parkway trees in a continuous row
may be removed in a three year period without a hearing before the Commission.
Replacement trees of a 24 -inch box size may be planted if funding permits. Staff is
responsible for notifying the adjacent property owner, the legally established
homeowners association, and the Councilperson of the district where the removal is
3
G1
proposed, if applicable, of the intent to remove a Problem Tree. The decision by the
` City Manager to remove a problem tree is final unless called up by at least one
r Councilperson. The Urban Forester 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), which is the sole responsibility of the applicant.
ALL OTHER CITY TREES
A City tree which is not designated as a Special or Problem Tree is designated as an All
Other Tree. It is the City's policy to retain All Other Trees unless removal is necessary
for one of the following reasons:
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 stoppage that results from tree roots and causes significant
public or private property damage (greater than $500) shall be sufficient criterion
for tree removal.
I3. The City tree has had a repeated history - of significant interference with street or
sidewalk drainage.
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 Urban Forester and
found to have deceased. Diseased trees are defined as those trees that cannot be
cured by current arboriculturaI 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 Urban Forester will perform a hazard 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 abate the hazard. After assessment, the Urban Forester will
expeditiously convey his written findings and recommendations to the Risk
Manager for evaluation_ If the Risk Manager agrees with the Urban Forester
findings to remove a tree, the hazardous tree will be removed without further
delay. In the case of imminent tree failure, the Parks and Trees Maintenance
4
r 1
V
G-1
Superintendent or the Urban Forester shall have the authority to direct the
removal of a hazardous tree.
D. The tree(s) have been requested to be removed in conjunction with a City
Council- approved City, commercial, neighborhood, or community association
beautification program.
E. The City Manager, upon the advice of the General Services Director, City
Attorney, Risk Manager or the Traffic Engineer, shall have the authority to
remove individual Problem or All Other Trees to resolve claims or safety issues.
REMOVAL OF CITY TREES
The initiation to remove (Special or All Other) City tree(s) may be made by the staff of
the General Services, and /or Public Works Departments, a legally established
community association, or a private property owner by making application to the
General Services Director, utilizing the City tree removal form. The provisions and
procedures of this Section of the Policy do not apply to the Problem Tree nor
Reforestation tree removal processes, which are described in other sections of this
Policy. Special Trees may be considered for removal under the provisions of this
Section provided a special report by the General Services Director is provided to the
Commission detailing the necessity of removal and any specific previous treatment of
• the tree.
After receipt of the application, a Tree Inspection Report shall be prepared by the City's
Urban Forester (Attachment 2) to determine if the tree(s) meets the criteria outlined in
the above All Other City Trees section for consideration for removal. Simultaneously,
the Urban Forester shall 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 community association if
applicable, (not applicable to the emergency removal of hazardous trees under Item C
nor to trees that meet the criteria of Item E in the preceding All Other City Trees
section). The Urban Forester shall determine whether in his /her judgment additional
specific treatment can be initiated to retain the tree provided the costs are reasonable. If
a tree(s) is to be removed, the tree(s) will be posted at least 30 days prior to the removal
with a sign notifying the public that they have the right of appeal. The sign shall also
note a staff contact. Once a recommendation is made by the Urban Forester and the
Parks and Trees Maintenance Superintendent to the General Services Director and the
5
G-1
General Services Director or designee concurs, then the applicant, the adjoining owners,
Private property owners on either side of the street within 500' in each direction of the
tree location and a legally established community association, if applicable, shall be
notified of the decision to remove or retain the tree within 30 days of the proposed
removal. A legally established community association is responsible for notification of
all association members pursuant to their established procedure. The General Services
Director, or a designee, shall prepare a staff report for a regularly scheduled PB &R
Commission meeting of all trees recommended for removal, except for those trees
categorized in Paragraph C. (dead, diseased, or dying trees) or Paragraph E (claims and
safety issues) in the preceding section on All Other City Trees. Only an applicant, an
adjoining property owner, or a legally established community association, the City
Manager, a PB&R Commissioner, or a Councilmember may appeal the decision of the
General Services Director not to remove a tree to the Commission. The Commission, in
considering any appeal, shall determine whether the removal meets the criteria outlined
in this Policy, as well as any unique factors which may be pertinent to the removal or
retention of tree(s). The decision of the Commission will be considered final unless
called up by at least one Councilmember or the City Manager.
The General Services Department will delay any tree removal(s) for at least 14 calendar
days following the date of the Commission decision in order to allow time for a
Councilmember or the City Manager to call the item.
The City will replace all trees removed in accordance with the All Other City 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 large tree, then a minimum of a 24" boxed tree will be planted. The full
costs of removal and replacement of Special or All Other Tree(s) will be the sole
responsibility of the City, unless an applicant voluntarily pays for a new tree(s).
REFORESTATION OF CITY TREES
The concept of systematically replacing Problem or All Other 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
is referred to as reforestation. The Urban Forester shall make a finding for the latter
category of inappropriate tree species for a specific location. His determination may be
appealed to the General Services Director whose decision will be final.
7
•