The URL can be used to link to this page

Home My WebLink About08 - Reforestation - Andy Andonian - 1630 Antiqua Way• 4() PB &R Commission Agenda Item No. F January 6, 2009 TO: FROM: SUBJECT: Parks, Beaches and Recreation Commission General Services Director Reforestation Request Recommendation Staff recommends that the Parks, Beaches and Recreation Commission consider the reforestation request of Andy Andonian, property owner at 1630 Antigua Way. Discussion City Council Policy G -1, Reforestation of City Trees requires that individual property owners • living within a legally established community association area with mandatory association membership must petition for reforestation through their respective association. Per City Council Policy G -1, the Dover Shores Community Association, Board of Directors approved the removal of the City Eucalyptus citriodora parkway tree adjacent to 1630 Antigua Way (Attachment B). The property owner has complied with the requirements of Policy G -1, and has agreed to assume the fall cost of the removal and replacement of the City tree, approximately $598.00 ($195 for a 24" box replacement tree and $403 removal). Mr. Andonian has been prepared to submit his reforestation request since September 2008, however, due to the volume of agenda items pending discussion before the Commission, a cancelled meeting, and review and resubmission of incomplete documents, has delayed this reforestation request. Staff has attached a Tree Inspection Report, Tree Inventory Detail, and photographs related to the request. Mr. Andy Andonian, the Dover Shores Community Association, Council Member Don Webb, have received a copy of this report and a notice of the Commission meeting. 40 • • 0 Very relon Mark H Attachments: (A) Reforestation Check List (B) Dover Shores Community Association, Board of Directors Meeting Minutes, dated September 16, 2008 (C) Tree Removal Request Application (D) Dover Shores Architectural Report Application (E) Tree Inspection Report (F) Tree Inventory Detail (G) Policy G -1, Retention or Removal of City Trees, Reforestation of City Trees, pages 6 - 9 (H) Pictures (I) Aerial Map L7 N a Reforestation Check List • Urban Parks and Trees General Services ❑ Legally Established Homeowners Association Verified by: Forester �ei ❑ Superi to cut r , 7P 1 ❑ Individual Private Property Owner(s) r ❑ er/ ❑ ❑ ❑ Reforestation Application d� d ❑ (90) days Reforestation Request Compliance �L E U M/ - ❑ Resolution of the Board of Directors, Minutes, Notices d (�' (Legally Established Homeowners Association) Dama2e/Imnact ❑ Blue Water View Impact ❑ ❑ ❑ ❑ Incorrect Tree Species ❑ Hardscape Damage: ❑ ❑ ❑Curb /Gutter ❑Sidewalk ❑Utility Individual Private Property Owner(s) ONLY Urban Parks and Trees General Services ❑ Verified by: Forester Written Agreement by Individual Property Owner(s) ❑ Superintendent ❑ Director ❑ ❑ Staff Approved Petition ❑ ❑ ❑ ❑ Property Owners Signatures Verified ❑ ❑ ❑ ❑ Meets 60% Reforestation Criteria: ❑ ❑ ❑ #_Property owners notified %_Agreed with removal Meets Minimum Reforestation ❑ uir n s: Department Signatur6l !� Date: City Attorney Reviewed: Date: • lJ • DOVER SHORES COMMUNITY ASSOCIATION BOARD OF DIRECTORS MEETING MINUTES GENERAL SESSION- SEPTEMBER 16, 2008 Page 1 of 3 BOARD OF DIRECTORS PRESENT: BOARD OF DIRECTORS ABSENT: MANAGEMENT REPRESENTATIVE: GENERAL COUNSEL: Anders Folkedal Tony Khoury Rob Grice Esther Fine Tim Carr Tammy Keilch John O'Donnell Ron Meer Bert Ohlig None Susan Baker Keystone Pacific David Cane Cane, Walker, & Harkins CALL TO ORDER The General Session meeting of the Dover Shores Community Association Board ofDirectors was called to order by President, Anders Fo lkedal at 5:00 p.m. at the Newport Aquatic Center at 1 White Cliffs, Newport Beach, CA. The following homeowners attended the meeting: 1) 1842 Santiago attended the meeting to express concern regarding the height that the trees planted at 1900 Santiago will exceed established height limits. The Board responded that correspondence had been sent by legal counsel; and 2) homeowner 1630 Antigua Way attended with diagram of backyard with proposed pool, and that new plans were being submitted to be reviewed by the Architectural Committee. MANAGEMENT REPORT A motion was made, seconded and carried to approve the following items from the consent calendar, with further discussion: 9/0 A. Resolved, to approve the General Session Meeting Minutes as recorded on July 15, 2008 and to accept the Architectural Reports for June and July 2008. B. Approval of the June through August Financial Statements as submitted, with request that Management verify water utility payment schedule. DOVER SHORES COMMUNITY ASSOCIATION BOARD OF DIRECTORS MEETING MINUTES GENERAL SESSION- SEPTEMBER 16, 2008 Page 2 of 3 UNFINISHED/NEW BUSINESS • Committee Rem — Chairpersons for the Architectural, Budget, Beach and Landscape, Dredging and Airport Committees provided updates to the Board_ 1) Architectural — Committee Chair, Bert Ohlig, provided Board with an update on the current files. 2) Budget — Committee Chair, Rob Grice. Decision on proposal by Reserve Data Analysis to provide update report without site inspection for the 2008/2009 Reserve study will be referred to the Budget Committee. 3) Landscape and Beach — Committee Chair, Tony Khoury, provided updates as follows: a) 1630 Antigua Way - the committee supports request for removal of the tree and replacement at the homeowner's expense; b) tree trimming has been completed on three streets and three semi circles will be planted during October; c) committee has reviewed landscape installation at 1106 Santiago which will be approved; d) discussion of poor exterior condition of 1000 Westwind. After discussion, a motion was made, seconded and carried 910 to authorize the Landscape Committee to contact Greenscape Landscape to hand water property and provide basic maintenance. The Board requested legal counsel to send letter to owner of record of need to maintain exterior of property, and requested Management to send correspondence to 1016 Westwind Way thanking them for their correspondence and communicate Board actions; e) estimates are being obtained to paint the doors at Larry's Beach and add water faucet at Fisherman's Beach; and f1 four umbrellas were purchased. 4) Dredging — Chair, Tim Carr. Provide the following updates: a) permit has been • signed; b) continuing to monitor the sediment that is accumulating by the Army Core of Engineers barges on the way out are running over weight limits and are churning the channel enough to increase silt level; c) requested Management to provided cost breakdown between the two engineering firms, Atlas Engineering and Anchor Engineering; and d) recommended that the Board approve additional cost proposal by Anchor Engineering. A motion was made, seconded and carried 9/0 approving additional expense. 5) Welcome and Airport— Chair, Esther Fine. No update. 6) Social Committee - Chair, Tammy Keilch. Requested that additional trash bins with lids be obtained, and that the next social event is the Halloween Party. Revised Fine Schedule —A motion was made, seconded and carried to adopt the revised fine schedule policy as previously submitted. 9/0 Parking in Cul de Sacs -- After discussion, the Board requested Management to reply to the homeowner that the Board had discussed the matter and the issue will be discussed with the adjoining neighbors. Next Meeting Date— The next meeting will be held on Tuesday, November 18, 2008 at 5:00 p.m. The location is the Newport Aquatic Center, 1 White Cliffs, Newport Beach, CA. The meeting schedule for 2008 has been changed to the third Tuesday, the Annual Election meeting will be held on October 21, 2008. • DOVER SHORES COMMUNITY ASSOCIATION BOARD OF DIRECTORS MEETING MINUTES GENERAL SESSION- SEPTEMBER 16, 2008 Page 3 of 3 ADJOURNMENT • There being no furt her General Session business to come before the Board, the meeting is adjourned to Executive Session at 6G0055 pm. APPROVED:��j, DATE: n �J • E "K CITY OF NEWPORT BEACH General Services Department Tree Removal or Reforestation Application Per City Council Policy G -1 (Retention or Removal of City Trees), I am requestint* a tree removal(s) to be reviewed by staff and submitted to either the Parks, Beaches, and Recreation Commission for consideration at a future meeting or the appropriate City approving authority. Commission meetings are held on the frost litesday of each month (expect for holidays) at 7PM at Indicate the number and specie(s),rfknown) oftree(s). Located at: / d 044 � %L-21 Requestor Properly Owner Community Association Signature: Print Name: M' �M-* ROOM IMt .iii Date: Y -ZD Dj-� If this is a reforestation request proceed to the reverse side of this form Section A. For Tree Removal Requests Only 0 .. Removal Criteria (Check one or more) Please provide copies of photos, bills, documents or any other related material that will verify the checked items. Proven and repeated history of damaging pubiic or *private, sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities or foundations. ( *Greater than $500) Repeated history of significant interference with street or sidewalk drainage. Dying Has no prospect of recovery. Diseased Cannot be cured by current arboricultural methods. x1flazardous =Beautification Project In advanced state of decline with no prospect of recovery- Defective, potential to fail, could cause damage to persons/property upon failure. Assessment by Urban Forester will identify structural defects, parts likely to fail, targets -if fails, procedures and actions to abate. In conjunction with a City Council- approved City, commercial, neighborhood, or community association beautification program. Radad 09204 Section B. For Reforestation Requests Only Reforestation is 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. As initiated Property Owner Community Association Other Check all ite s applicable: Tree(s) causing curb, gutter, sidewalk or underground utilities damage. Wrong tree species for location View encroachment . Area has clearly defined contiguous boundaries that include the tree(s) proposed. "Residential comimmities, neighborhoods, or business organizations who apply for reforestation must submit a petition signed by a minimum of 60% of the property owners within the area defined. =Areas represented by a legally established community association, may submit a resolution of the Board of Directors formally requesting a reforestation. =Individual property owners must submit a petition signed by a minimum of 600/6 of a maximum of 30 private property owners (up to Is contiguous private properties on both sides of the street up to 500' in either direction from the location of the proposed reforestation site) as well as the endorsement of the appropriate homeowners, association, if applicable. •A request for reforestation requires a written agreement submitted to the Parks, Beaches, and Recreation Commission by the petitioning sponsor (Individual private property owner(s) or group) 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 replanting will be coordinated by the General Services Department using the City tree maintenance contractor. *There shall be a minimum of a one - fortune replacement of all trees removed in reforestation projects. Replacement trees shall be a minimum size of 24" boxed trees and cost $195 per tree, unless the parkway space will not accommodate a 24" boxed tree or a tree cannot be planted due to planting restrictions contained in City Council Policy 0-6. This form does not replace the requirements of any of the City tree policies. Its use is intended to expedite the tree removal or reforestation requests and to ensure compliance with all City requirements. Please refer to individual City Council Policy G-I for additional information. Requestor Comments: Removals, except emergency, will "be subject to the uotificatlon processes, time feames and authority as speclfred in the Gyty council G -I Policy. RMBW anooa • Estimated Project Starting Date: Estimated Time Required:/30 (Months) Contractor Namek //�JJQ1t%(�`[(J/�C,QtWdress: Phone:( Deserintiion of Modifiention or Imnrovement: . Agreement & Certification: I/we certify that I/we have read and understand all pertinent sections of the applicable CC &RS and the Architectural and Landscaping Rules. I/we believe that the information on this application, including the plans and any other attachment are accurate and complete. I/we understand that Uwe are responsible for the actions of our contractors. I/we agree that my /our home improvement, if approved will not result in any future maintenance costs whatsoever to the Dover Shores Community Association, and Uwe understand that all construction, maintenance and insurance of the improvements shall be the sole responsibility of myself/ourselves. I/we agree that any changes to the landscaping of the slopes during home improvement, shall be my /ours responsibility to replant and restore to its original look within a maximum period of one year from the date of approval of my application. I/we understand that building permits for these improvements may be required and the cost of any permits and the responsibility for obtaining permits and subsequent City inspection will be the responsibility of the undersigned. Uwe acknowledge that architectural approval is not intended to be, nor shall it be considered, a substitute for approval by the necessary and appropriate City agencies. IAve further agree that no construction will beein until the written approval of the association has been received pursuant to the Association's CC &RS I/we understand that the Association will inspect the improvement or modification during and after construction to verify conformance. I/we understand and agree that any failure to complete the improvementhnodification in accordance with the approved application, plans, and schedule may result in reconstruction at my /our expense, forfeiture of fees, additional fines, and future action as deemed appropriate by ;the Asso iation. Legal omeow s Signature Date • r= 0 h i, 0 Yl.�1 ..w 6rr� O CC v 0 O O TT�^ TA Gn VI _i O u 61 u `4 u M 7 'rJ" W ❑h❑ O d OY 6 4L yy R tA ya� 0 t c. u'fi c uaUo p ❑,� �'�a �a'ra �c 0 0 O •� E O r u C �rJ' 9 r = 0 Y u W o. u a s$a'c v�v, avEW i it °10= 'gym W o�E E'O O O y w T L d � L .9 w , 1 V E a.�EoS`W fiao m tea' Q a ^� 'E'er fi fi S E ZIA -5 121.1 3` pppm J 5w Cu T�� e Y z~ O g °o O a F d o� W W 6 � S j � v z d O� a - V S i z j con i • is TREE INSPECTION REPORT Property Owner: Andy Andonian Address: 1630 Antigua Way Newport Beach, CA 92660 Request: The property owner is requesting of the General Services Department staff, the removal and replacements of a City Eucalyptus parkway tree, based on the criteria of City Council Policy G -1, Reforestation of City Trees. Tree Species /Site: Eucalyptus citriodora — Lemon - Scented Gum Designated Street Trees: Bauhinia blakeana — Hong Kong Orchid Estimated Tree Value: $6,080.00 Damage: Hardscape damage (sidewalk) Work History: The General Services Department, Field Maintenance Division has the following work history performed at this location: May 2000 — 104 SF of sidewalk repaired, 30 SF of curb /gutter repaired o 2008 — 120 SF of sidewalk repaired Parkway: (X) Concrete Brick Turf Other Comments: A field inspection confirmed a healthy City tree within the Dover Shores community. However, this tree species planted was the incorrect species for this location and growth space is limited. The property owner has indicated the tree is leaning onto the City right - of -way and creating a potential pedestrian hazard and liability. Additionally, he has also indicated curb, gutter and sidewalk damage (see attached tree removal application). Inspected by: '� ` t Date: December 16, 2008 John Conway, Urbak Forester Recommendation: Forward the reforestation request to the Parks, Beaches and Recreation emission for.review and approval. . Reviewed by: 4 U Date: December 16, 2008 Dan P. Se , Pa T ees uperintendent Reviewed by: Date:�� Mark ftarmo , G4y(eral Services Director 11 11 ArborAccessOnline - newportbeach.wcainc.com Show /Hide Map j Pnnt Report,,... Inventory Detail Work Type Dist: 16 Address: 1630 ANTIGUA WY Fictitious: No cation: Front -1 Address: 1630 ANTIGUA WY Species: Eucalyptus citriodora, LEMON - SCENTED GUM DBH /Height: 19-24/60+ Parkway Size: 5 Utility Overhead: No Sidewalk Damage: No Recommended Maintenance: Grid Trim Estimated Value $6,080 WCA Work History Date Work Type Amount Job# 7/9/2008 Grid Pruning $39.00 12665 10/7/2005 Grid Pruning $39.00 8474 1/1012003 Grid Trimming $39.00 5154 1/3/2000 Grid Trimming $39.00 2866 Other Work History Date Work Type Crew Acct# Min Page 1 of 1 • http: / /newportbeach.wcainc.com/ inventory /SearchResultsDetailPrintMap .asp ?TreeID = 1216431 12/09/2008 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. .9 G -1 It is recognized and acknowledged that City trees were planted many 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 represents a safety hazard. Arborists continue to develop lists of tree species which will grow in restricted parkway areas without causing significant damage to curb, gutter, sidewalk, utilities or loss of views. The City Street Tree Designation List, which specifies a species for each City street reflects an effort by the City to prescribe appropriate tree species that will not cause future problems. As a City which understands the importance of trees and the beauty they bring to a community, the City 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 with the appropriate designated City tree. Individual private property owners, as well as legally established community associations, may apply for single or multiple tree reforestations in their respective area by submitting a request to the General Services Director for consideration by the • Commission that meets the following requirements: A. 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. This section applies to individual and group requests. B. Residential communities, neighborhoods, or business organizations who apply for reforestation must submit a petition signed by a minimum of 60% of the property owners within the area defined for reforestation. The petition content must be approved and dated by City staff prior to distribution by the petitioner. The staff - approved petition must be distributed by the petitioner to a maximum of 30 private property owners (up to 15 contiguous private property owners on both sides of the street up to 500' in either direction from the location of the proposed reforestation). Signatures by non - property owners are not acceptable for petition purposes. All petition signatures shall be verified by City staff for 7 40 G -1 property owner status of the person(s) signing the petition. As an alternative to the above requirements, areas represented by a legally established community • association, may submit a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the community association having their residential views affected, have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. Individual private property owners living within a legally established community association area with mandatory association membership must petition for reforestation through their respective association. C. Individual private property owners not residing within a legally established community association area may submit individual requests for single or multiple tree reforestations. The applicant must submit a petition signed by a minimum of 60% of a maximum of 30 private property owners (up to 15 contiguous private properties on both sides of the street up to 500' in either direction from the location of the proposed reforestation site) as well as the endorsement of the appropriate homeowners' association, if applicable. The petition content must be approved and dated by staff prior to distribution. All petition signatures shall be verified by City staff for private property owner status of the person(s) signing the petition. D. A written agreement must be submitted to the Parks, Beaches, and Recreation Commission by the petitioning sponsor (individual private property owner(s) or • group) 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 replanting will be coordinated by the General Services Department. The total costs shall include only the contractor's removal and replacement costs and be paid in advance of any removal actions. E. The replacement tree(s) for reforestation shall be the Designated Street Tree(s) as prescribed by City Council Policy G -6, or the organization must request and obtain approval from the Commission of the designation of a different tree species prior to submitting any reforestation request for a tree species other than the designated street tree. This section applies to individual or group requests. F. There shall be a minimum of a one - for -one replacement of all trees removed in reforestation projects. Replacement trees shall be a minimum size of 24" boxed trees, unless the parkway space will not accommodate a 24" boxed tree or a tree cannot be planted due to planting restrictions contained in Council Policy G -6. If 0 0 G -1 there is not room for the replacement tree(s) at a specific site as prescribed 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 petitioner. This section applies to individual or group requests. G. Reforestation requests must be completed and submitted in a timely manner by the petitioner. Petitions that are dated more than 90 days in arrears from date stamped by staff before distribution will not be forwarded to the PB &R Commission for consideration. The decision of the Commission on reforestation requests will be considered final unless called up by at least one Councilmember or the City Manager. TREE MAINTENANCE The City shall require the proper care and watering of replacement trees by the reforestation petitioner to ensure their proper growth and development as outlined in City Council Policy G -6. Furthermore, no person shall tamper with City trees in violation of Section 13.08.040 of the Municipal Code. Further, 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. • ENCROACHMENT AND DEMOLITION PERMITS All encroachment permits (permits for private property development which are proposed to encroach upon 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 (exempt: dead, dying, or in an advanced state of decline). If the proposed development, as deemed by the General Services Director, requires the removal of City trees, the property owner must submit a tree removal request to the General Services Director, shall pay all related tree removal and replacement costs (one for one replacement) and meet all provisions of Council Policies L -2 and L -6 and City Ordnances 13.08 and 13.09. Approval or disapproval of all tree removal/ replacement requests associated with encroachment and demolition permits will be the responsibility of the General Services Director or a designee. 9 0 Lvp� -1 h. S 44 AN 'Moor 71 12/16/2008 1 � Lai% -LL — 0 �' • i !'son&, I e O N 'J a �^ N IW N ci C W L 41 U b