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HomeMy WebLinkAbout16 - Council Policy G-11 • flt��, J. I _ � � f Agenda Item No. 16 October 11. 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Municipal Operations Department Mark Harmon, Municipal Operations Department Director 949 644 -3055, mharmon (a)newportbeachca.gov APPROVED:(n TITLE: AMEND CITY COUNCIL POLICY G -1 (RETENTION OR REMOVAL OF CITY TREES) TO REQUIRE 36" BOX TREES - REFORESTATION ABSTRACT: Municipal Operations staff requests the approval of an amendment to City Council Policy G -1 requiring the planting of a minimum 36" box tree upon approval of a reforestation application. RECOMMENDATION: Approve the amendment to City Council Policy G -1 requiring the planting of a minimum 36" box tree upon approval of a reforestation application. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: City Council Policy G -1 (Retention or Removal of City Trees) includes a process whereby interested parties, such as individual homeowners or homeowner associations, may request removal and replacement of City trees under certain conditions with the approval of the Parks, Beaches, and Recreation Commission (PB &R). Under this reforestation program, the applicant is responsible for the full cost of removal and replacement of the City tree. 1 AMEND CITY COUNCIL POLICY G -1 (RETENTION OR REMOVAL OF CITY TREES) TO REQUIRE 36" BOX TREES- REFORESTATION October 11, 2011 Page 2 The Policy currently states that the replacement tree must be a minimum size of a 24" box tree- 4 to 6 foot in height depending on species. Recently, Commission members and members of the public have commented that the 24" box size tree is too small when replacing a larger tree. A 36 " box tree- 8 to 10 foot tall when planted, is more attractive to a neighborhood and will be less susceptible to disease and /or storm damage. On August 2, 2011, PB &R voted unanimously to recommend to City Council changing the language in G -1 to require the larger 36" box tree when approving reforestation applications. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted Mark Harmon Director Attachments: A. PB &R Commission Staff Report (August 2, 2011) B. PB &R Commission Staff Report w/ attachments (February 1, 2011) C. PB &R Commission Minutes (February1, 2011) 2 TO: Parks, Beaches and Recreation Commission FROM: Mark Harmon, Director of Municipal Operations PB &R Commission Agenda Item No. August 2, 2011 SUBJECT: City Council Policy G -1, Revision to Reforestation of City Trees ( #2) Discussion At the February 1, 2011 PB &R Commission Meeting, staff presented the attached agenda report asking the Commission to support a revision to City Council Policy G -1 (Retention or Removal of City Trees). This revision would have required residents and HOA's to replace removed trees with a larger 36" box tree, a change from the current policy which only requires a 24" box tree. The motion to support the revision to Policy G -1 failed due to a lack of a majority (3- Ayes; 3- Noes). At the June 2011 Commission meeting, Commissioner Lugar asked that this item be brought back to the Commission for further discussion. The February 151 staff report and the minutes from that meeting are attached. Attachment: (A) Copy of February 1, 2011, PB &R Commission Agenda Report (B) Copy of February 1, 2011, PB &R Commission Minutes 3 TO: Parks, Beaches and Recreation Commission FROM: Mark Harmon, Director of Municipal Operations PB &R Commission Agenda Item No. S February 1, 2011 SUBJECT: City Council Policy G -1, Revision to Reforestation of City Tri Recommendation Staff recommends that the Parks, Beaches and Recreation Commission: 1. Support the revision to Council Policy G -1 regarding a change in the minimum tree size for replacement during reforestation; and 2. Direct staff to forward the revision to the City Council for approval. (Discussion City Council Policy G -1 (Retention or Removal of City Trees) includes a process where by interested parties such as homeowners of homeowner associations may request replacement of City trees under certain conditions with the approval of the P, B, & R Commission. Costs for this replacement is borne by the party requesting the work. The Policy currently states that trees must .be replaced with a minimum size of a 24" boxed tree. Recently, Commission members and members of the, public have commented that large, mature trees are being replaced under the program with relatively small trees, which will require many years to mature to their full size. The smaller trees are younger tree specimens, which are more susceptible to damage and injury than a larger tree, and are less secure in the ground as well. Therefore, staff is recommending that the Policy be changed to require 36" boxed replacement trees in reforestation projects. The applicable section of the -G -1 Policy is attached, with the proposed language on page 8 of the attachment. It should be noted that there have been 116 trees replaced in reforestations in the past four years. Fiscal Impact There will be an additional cost for the party requesting the reforestation. Currently, the installed cost of a 24" boxed tree is $195; the installed cost of a 36" box tree is $595, an increase of $380. Additionally, parties pay between $200 and $400 for the removal of the existing tree, depending on its size. There is no fiscal impact to the City, as the cost of the reforestation is fully bome by the interested party. Attachment: (A) Copy of City Council Retention or Removal of City Trees 4 G -1 Parks and Trees Maintenance Superintendent to the General Services Director and the 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. 0 5 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 property owner status of the person(s) signing the petition. As an alternative to 7 11 G -1 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 statefnent 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—' 36" boxed trees, unless the parkway space will not accommodate a 24' 36" boxed tree or a tree cannot be planted due to planting restrictions contained in Council Policy G -6. If 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 8 7 G -1 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 planner 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. ENCROACFEvIENT 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 CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Regular Meeting February 1, 2011 — ypm Convened 7:04Pm ROLL CALL Present: Marie Marston, Chair Phillip Lugar, Vice Chair Tim Brown Ron Cole (arrived at y: oypm) Bill Garrett Kathy Hamilton r/l r Absent: Tom Anderson Staff: Laura Detweiler, Recreation & Senior Services Dir/ec/tor ". Mark Harmon, General Services Director Teri Craig, Admin Asst DIRECTORS COMMENTS Director Detweiler announced that CPRS has awarded the' OASIS Senor Center Opening the Award of Excellence for Design and that staff will be attending the state conference in March to receive the award. She congratulated the entire project team as well as,the community. She Kent on to say that the Fitness Center now has 1,235 members and noted that the &hter is averaging about'i8o participants daily, and hours were extended to meet the needs of the communitv:� _ / Item 1 March 1, zou Director Detweiler stated that the Carroll Beekrenovati6q,&i mailed to residents asking what type of classes they would li Celebration will be held in -Map: :\ a City Council Actions•/ -I _. Chau •Mar�ston.ieportedthatthe,Counc be placed somewheie\in the City ;arid asked that tlie,Arts location. She stated that she'had asked,Commissioner'Hamil Thursday of which Council Member' Curryrwill'be,in.attendam asked the Commission -if they hikd!any thou Iits on the matter. None. 'and noted that a survey had been the Center. A Grand Re- Opening I had approved that the Ronald Reagan statue & PB &R Commission determine a possible m to attend an Arts Commission meeting on as well to discuss where it will be placed and 1 ensued regarding the 'seale;,statue and location and that Chair Marston and Commissioner would update *,Gommissiou,aY the next meeting. 1. Minutes of the December �, 2oio regular meeting. Recommendation: �\' aive reading ofsubject minutes, approve and orderfiled. 7 h 2. Removed by Comrm loner Garrett 3. Recreation & Senior Services Activity Report. Recommendation: Receive /file monthly ActivityReportforactivitiesandupcomingprojects. 4. Bench Donation. Recommendation: Approve bench donation of Beth Miller to be located at Galaxy View Park. 2. Park & Operations Division Activity Report. Commissioner Garrett requested information regarding trash collection on the beach. Director Harmon stated that the City had solicited bids and that Rainbow had been selected to collect trash with their new sand colored containers from the Newport Pier to the River Jetty. 0 Parks, Beaches & Recreation Commission February 1, 2011 - Page 2 Motion by Commissioner Lugar to accept items 1 through 4 of the Consent Calendar. Motion carried by acclamation. NEW BUSINESS 5. City Council Policy G -i —Revision of Reforestation of City Trees. Director Harmon stated that staff supports forwarding a change to the policy regarding the minimum tree sixe from 24" box to 36" box trees to City Council. He stated that by using a 36" box trees that the tree is usually at least three feet taller and healthier. He also noted that the negative of this change would be the cost — from approximately $190 to $600. Discussion ensued regarding the reasons for reforestations and mature the tree the more chance the tree has of surviving. i Commissioner Garrett stated that he could not support suggested a senior citizen discount. Director Harmon stated that reforestations are Commissioner Brown agreed that a request for reforestatibr?is usuall request that it be removed not because of tree failure. Chair Marston opened the public d 'scussion; hearing ndi closed. Motion by Commissioner Lugar to approve the �h ange.t\ oun lack of majority. Ayes: Cole, Lugar, Marston Noes: Brown, Garrett�Hamilton rate noting that the more the cost factors. He just do not like,their tree. because the homeowner or HOA G -1. Motion fails due to 6. Special Tree Removal:`Directo`r; Harmon stated tfiat -staff is recommending approval of this Special Tree Removal request by Tpm;McAll�er located adjacent to 1733 Candlestick Lane of a City Eucalyptus tree because ofeextensive private and public property damage and is diseased with Slime Flux. He noted that a replacement tree will be planted elsewh e'in the community because of the location being near a sewer lateral. '\� -/ Discussion ensued regarding `special tree designation and the definition. closed. Motion by Commissioner Lugar to approve the request for Special Tree Removal by Tom McAllister adjacent to X33 Candlestick Lane. Motion carried by acclamation. 7. City Street Tree Designation. Director Harmon stated that staff had received a request to designate the King Palm as the designated tree from the Eucalyptus tree from property manager Bujor Boldea at 1728 Bedford Lane. He reminded the Commission that as time moves on it has become apparent that it is a good idea to have more than one tree designated so that homeowners have more than one choice. This particular tree has outgrown its growth space and is beginning to cause significant damage in the neighborhood. He went on to say that staff is not recommending that the entire street be reforested and that staff is not removing healthy trees and that is not the intent of the action tonight. Director Harmon stated that there is one tree and possibly others that are failing and will need to be replaced and that it would be better to have a different tree. 10 Parks, Beaches & Recreation Commission February 1, 2011 Page g Chair Marston opened the public discussion Victoria Weston asked what was the plan for the failing trees. Director Harmon stated that there is at least one tree that is failing and will be removed and replaced with the King Palm; if approved by the Commission tonight. He also noted that there are other trees in the neighborhood and could be replaced as well. He stated again that healthy trees will not be replaced. Chair Marston closed the public discussion Commissioner Garrett stated that he believes that the King Palm will -have the same problems in the future. r. \ Motion by Commissioner Lugar to approve the King Palm`as�the designated tree on Bedford Lane. Motion carried by acclamation. COMMTITEE REPORTS — Parks — Nothing to report RSS — Nothing to report. Budget —Nothing to report Communitu Service Award — Nothing to report. Youth Sports — Nothing to report AD -Hoc — Marina Park — Nothing to report. Artificialnrf Nothing to report. FUTURE AGENDA ITEMS Pirates Cove Lighting Castaways Parks widening df�downhill trail would be presented to the Commission noting, that when theyiveie•first put�d`own that some the work that had Been_ done .)But since then received. ADJOURNED-0 7esgpm- \ / Submitted b\ c actor Harmon stated that an information report the bike bath had been restriped. He commented he neighboring residents called to inquire about omplaints to the Operations Division have been 11