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HomeMy WebLinkAbout2000-06-06; City Council; 15769; Street Tree PolicyF T AB# MTG. 6/6/00 DEPT. PW/GS THE FINANCIAL ANALYSIS AND IMPLEMENTATION OF A STREET TREE POLICY RECOMMENDED ACTION: 1. Adopt by minute motion Council Policy Statement No. 4 - Street Trees. 2. Adopt Resolution No. 3m-l %;a directing staff to include $83,000 in the Fiscal-Year 2000-01 budget for the implementation of a comprehensive street tree program in the City of Carlsbad. 3. Adopt Resolution No. dCC@ I 83 directing staff to include $151,000 in the Fiscal-Year 2000-01 Budget for the implementation of the Accessory Recommendations created by the Citizen Committee to Study the City’s Tree Policy. 4. Adopt Resolution No. m- \gq establishing an appeal fee to defray the City’s costs for processing appeals to the Tree Commission. 5. Adopt Resolution No. am- [KS approving an amendment to the Local Conflict of Interest Code of the City of Carlsbad 6. Title and Introduce Ordinance h)O , ti 5 -.r; 4 Srepealing Title 11, Chapter 11 .I2 and re-enacting Chapter 11 .I2 of the Carlsbad Municipal Code. 7. Title and Introduce Ordinance ~0. fl S - 5 4 6 forming a Tree Commission to act as an advisory board on all matters related to street trees in Carlsbad. 8. Title and Introduce Ordinance Ior3 2.36 of the Carlsbad Municipal Code.’ &, -5 4 7 amending Title 2, Chapter ITEM EXPLANATION: On January 25, 2000, the Citizen Committee to study street trees in Olde Carlsbad presented its Final Report to Council. The Final Report included a comprehensive street tree policy that addresses tree planting, removal, replacement, maintenance, as well as heritage trees and an appeals process within the area of El Camino Real to the ocean, between Agua Hedionda and Buena Vista Lagoons. Council accepted the Final Report and directed staff to conduct a financial analysis and pursue the implementation of the policy and the items listed in the Accessory Recommendations List. Staff has completed its analysis and has provided its findings below. Tree Policv: Council Policy Statement No. 4 was adopted nearly thirty years ago (October 20, 1970). The citizen committee was created to evaluate this policy and recommend to Council necessary changes. The recommended changes are outlined in the Final Report. I PAGE 2 OF AGENDA BILL NO. Is, 7 6 q Staff evaluated the recommended changes and determined that these changes would be beneficial to the entire City. Furthermore, staff is recommending that Policy No. 4, regarding removal and replacement of street trees, should be revised to reflect the changes outlined in the Final Report. In addition, a comprehensive appeals section would be added to the policy, as well as tree planting and maintenance. The tree planting and maintenance sections of the policy are general in nature. A more detailed policy for tree planting and maintenance standards would be developed as part of the City’s Community Forest Management Plan, which is described in more detail below. Staff has learned that the City’s Municipal Code, Title 11, Chapter 11 .I2 will have to be rewritten to reflect the changes in the new policy. The code will also give the policy some “teeth” for enforcement and procedures. Attached, as Exhibit 6 is a copy of the proposed ordinance that would repeal Title 1 I, Chapter 11 .I2 and re-enact Chapter 11.12. Listed below are some of the key features to the new ordinance. These features were not included in the repealed ordinance. l The development of a Master Tree List. l The development of a Community Forest Management Plan. l Additional penalties for deliberately damaging trees. l Establish a comprehensive tree removal process. l Establish a goal to replace all removed trees. l Designate certain trees as Heritage Trees. l Establish a comprehensive appeal process. Tree Planting Program: Staff considers tree planting a budgetary decision and therefore should be considered by Council on an annual basis as part of the budget review process. The citizen committee has recommended in their Final Report that the City be required to maintain a tree population of 90% of all qualified tree sites within the developed right- of-way. To comply with this standard, the City would have to plant 2,000 trees citywide, or 200 to 400 trees a year. Currently, the City plants between 40 to 60 trees a year city wide. Staff estimates it will cost the City nearly $200,000 to plant 2,000 trees in the community. To ease the burden of this cost, staff is proposing a tree planting program that would be approved by Council on a year to year basis. In the first year, staff is proposing the planting of 400 trees at a cost of $38,000. If the economy continues to remain healthy during proceeding years, staff estimates the City will have 2,000 trees planted in five years. In future years, however, the number of trees and cost will depend on the current economic conditions of Carlsbad and the region. Accessorv Recommendations: The citizen committee is recommending that a number of issues that would enhance the tree policy be considered for implementation. Listed below are the accessory recommendations and staffs position for implementation. 2 PAGE 3 OF AGENDA BILL NO. 1s ) 7 b 9 Create a City Tree Commission - The citizen committee suggested the creation of such a commission to be an advisory board to Council on all matters related to trees. Some of the responsibilities of the Commission would include, but not limited to hearing citizen appeals, oversee the Community Forest Management Plan, suggest a recommended tree list, assist in updating the City’s uniform street tree planting map, etc. The citizen committee also suggested that the tree commission sunset after a maximum of seven years. Currently, the Parks and Recreation Commission has the authority to adopt rules and regulations pertaining to planting, removing and maintaining street trees. Staff believes that Council has three options to choose from regarding this issue. They are: 1. 2. 3. Do not create a Tree Commission and continue using the Parks and Recreation Commission as the commission responsible for public trees. Create a permanent Tree Commission. Create a Tree Commission that will sunset after an established amount of years. If Council decides option 3 then staff is suggesting that the commission sunset after a maximum of three years. Staff believes the commission can accomplish all of the objectives and create a comprehensive and functional tree policy for the entire City within ,three years. If not, the commission can request an extension to Council. Staff is recommending that Council appoint two members of the Parks and Recreation Commission and three members of the general public to serve three-year terms. Attached, as Exhibit 7 is a copy of the ordinance that creates a Tree Commission. The ordinance stipulates the duties of the commission and the sunset clause. Staff estimates it will cost the City $10,000 a year to use the current staffing level from the General Services Department to staff the Tree Commission. As mentioned earlier, the Parks and Recreation Commission has the authority to adopt rules and regulation pertaining to planting, removing and maintaining street trees. If a Tree Commission is created, the municipal code pertaining to the Parks and Recreation Commission will have to be amended to reflect the change in duties. Attached as Exhibit 8 is a copy of the ordinance that amends the duties and powers for the Parks and Recreation Commission Designate Responsible City Staff Member to Oversee Tree Policies. It is recommended that the City Manager, acting through the Public Works Director or his designee, act as the administrator of the new street tree policy. Create a Community Forest Management Plan. A Community Forest Management Plan is a document that provides direction to develop regulations and incentives to manage tree-related issues in a proactive manner. The plan addresses public trees and will discuss planting, maintenance, removal, replacement and the preservation of public trees. The plan will also help raise citizen awareness of the benefits of a healthy and diverse urban forest, proper tree selection and care. Staff estimates it will cost the City $30,000 to develop a Community Forest Management Plan. Most likely, the City will hire a consultant to assist staff in creating such a plan. 3 PAGE 4 OF AGENDkLL NO. 15, 76 9 Update the City’s Street Tree List. It has been ten years since the City’s street tree list was last updated. A new and revised list will be included in the Community Forest Management Plan that will identify trees suitable for small, medium and large tree sites. The tree list will also be updated periodically (2 to 3 years). The tree list will include the use of native California species, drought tolerant species, as well as species recommended by SDG&E for sites adjacent to high voltage utility lines. The cost to update this list is included in the Community Forest Management Plan estimated cost mentioned above. Update Uniform Street Tree Planting Map. A Uniform Street Tree Planting Map is a map of the City that shows the location and species of street trees currently planted in the City’s right-of-way. The map also shows valid tree sites and recommended species for future tree plantings. It has been ten years since the City’s Uniform Street Tree Planting Map was last updated. A new and revised map will be developed and included in the Community Forest Management Plan. The cost to update this map is included in the Community Forest Management Plan estimated cost mentioned above. Review Street Tree Standards for Entire City. The proposed Street Tree Policy and the Community Forest Management Plan would apply citywide. Initiate a Street Tree Education Program. The City will embark on a Street Tree Education Program that will include developing and distributing flyers to the public. The flyers will include information about tree care, how to plant a tree, tree removal procedures, appeals, etc. Information about the Street Tree Policy and the Community Forest Management Plan will be included in the City’s website as well. Staff estimates it will cost the City $5,000 to implement a Street Tree Education Program. Institute a Program to Replace Old Age Trees. This type of program will be evaluated during the development stages of the Community Forest Management Plan. If such a program is feasible, it will be included in the Community Forest Management Plan. Determine Policy for Removal of City Trees Not in Right-of-Way. This type of program will be evaluated during the development stages of the Community Forest Management Plan. If such a program is feasible, it will be included in the Community Forest Management Plan. Establish a Heritage Tree Policy/Program. The City’s Historic Preservation Commission was working on establishing a Heritage Tree Program before the Citizen Committee for street trees was created. Their work was put on hold until the committee’s work was completed and staff has made a recommendation. Staff is recommending that the Historic Preservation Commission continue with the development of a Heritage Tree Program and that the program be included in the Community Forest Management Plan. Staff would continue to provide a supporting role in the development of a Heritage Tree Program. PAGE 5 OF AGENDAhslLL NO. 1 St 767 Hosp Grove. Recently, Hosp Grove and other Eucalyptus trees throughout Southern California have been infested by the Red Gum Lerp Psyllid parasite. Widespread mortality has occurred and is expected to continue, resulting in standing dead trees and foliage. These trees will eventually fall during periods of heavy wind and rain activity thereby creating potential safety hazards for pedestrians and creating additional ground fuel for fires within the Grove. Although the FDA has approved and implemented the introduction of a predatory wasp from Australia to control the infestation, staff has no reported results on the effectiveness of this program. Currently, the City’s Fire Department, with the assistance from the California Department of Forestry (CDF), is developing a Management and Rehabilitation Plan for Hosp Grove. The plan will include policies and procedures for reducing fire hazards, remove dead/diseased trees, planting and maintaining new trees so that Hosp Grove is an ecologically sound urban forest. Staff estimates $106,000 will ultimately be required to implement a Management and Rehabilitation Plan for Hosp Grove. On-going maintenance of Hosp Grove, which includes weed abatement, watering, tree removal and plantings, is undetermined. However, staff estimates it could cost $60,000 a year to maintain Hosp Grove. See Exhibit 9 for more details on Hosp Grove. Representatives from the Fire Department will be available at the meeting tonight to discuss in further detail the management plan for Hosp Grove. Fines and Damages. Presently, if someone was caught deliberately damaging a City tree, he or she could receive a maximum fine of $100 for the first offense. The citizens committee felt this kind of punishment was too lenient and decided that tougher penalties are needed to dissuade people from damaging City trees. Staff is recommending that, in addition to a criminal penalty, the City Council authorize a civil penalty up to $1,000, and reserve the right to seek monetary damages as an alternative to either a criminal or civil penalty. The new penalties can be found in Section 11.12.160 of the re-enacted Chapter 11 .I2 (Exhibit 6) of the City’s Municipal Code. FISCAL IMPACT Staff estimates a cost of $83,000 for the first year to implement the new Tree Policy citywide. This includes the cost for planting ($38,000) removal ($650) replacement ($760), maintenance ($31,200) and appeals ($12,000). Staff estimates that city residents will appeal 30% of the 400 trees planted. The cost for the second year and proceeding years is undetermined and will depend on the economic condition of the City and the region. Alternative funding for future years could come from grants (i.e. CDF Tree for the Millennium Program offers $50,000 to plant trees), or an increase in the Street Tree Maintenance Assessment District. An increase in the street tree assessments requires amendments to the Landscape and Lighting District in accordance with the Landscaping and Lighting Act of 1972, Streets and Highway Code, Section 22500. Such increases must also meet the procedural requirements of Proposition 218, 5 PAGE 6 OFAGENDkLL NO. is! 769 which, among other things, requires majority support of affected property owners. Staff estimates it will cost the City $60,000 to conduct a special election ballot measure. The proposed increase would be called an “Overlay Zone” in which the additional funds would only pay for the benefits of the new Tree Policy within the District boundaries. Additional General Funds would be needed for the rest of the City. Staff estimates a cost of $151,000 in the first year to implement the Accessory Recommendations. This cost includes staffing the Tree Commission ($lO,OOO), developing a Community Forest Management Program ($30,000), initiating a Street Tree Education Program ($5,000) and implementing a management plan for Hosp Grove ($106,000). Staff estimates that the total cost to implement the new Tree Policy and Accessory Recommendations in the first year will be $234,000. Staff is recommending these funds be allocated in the Fiscal Year 2000-01 Budget. Although it is difficult to estimate the future costs of the programs until the various plans are complete, those costs for the new Street Tree Policy are expected to exceed $55,000 per year. EXHIBITS: 1. Council Policy Statement No. 4 - Street Trees. 2. Resolution No. doa, - I &a directing staff to include $83,000 in the Fiscal-Year 2000-01 budget for the implementation of a comprehensive street tree program in the City of Carlsbad. 3. Resolution No. anoo - tr3 directing staff to include $151,000 in the Fiscal- Year 2000-01 Budget for the implementation of the Accessory Recommendations created by the Citizen Committee to Study the City’s Tree Policy. 4. Resolution No. ~OC;O - t@j establishing an appeal fee to defray the City’s costs for processing appeals to the Tree Commission. 5. Resolution No. m-1 g&C; approving an amendment to the Local Conflict of Interest Code of the City of Carlsbad 6. Ordinance dc) . tiS-&ti 5 repealing Title 11, Chapter 11 .I2 and re-enacting Chapter 11 .I2 of the Carlsbad Municipal Code. 7. Ordinance NO I N S -sub forming a Tree Commission to act as an advisory board on all matters related to street trees. 8. Ordinance No Municipal Code.’ RI s -s v 7 amending Title 2, Chapter 2.36 of the Carlsbad 9. Hosp Grove Rehabilitation Project. 6 , EXHIBIT 1 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Streets Specific Subject: Street Trees Page 1 of 4 Policy No. 4 Date Issued June 6,200O Effective Date June 6.2000 Cancellation Date Supersedes No. 4 (Dated 1 I-02-99) Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File BACKGROUND: The City Council determined that the Street Tree Policy needed to be updated to ensure the preservation, proper maintenance and continued enhancement of public trees. PURPOSE: Establishing a policy for the preservation, proper maintenance and continued enhancement of street trees in the City of Carlsbad. POLICY The following street tree policy shall be established: 1. Tree Plantinq A. It shall be the goal of the City to maintain a tree population of not less than 90% of all qualified (valid) tree sites within the developed right-of-way of the City. B. The City’s Community Forest Management Plan shall set forth standards for planting, removal, replacement, maintenance and the preservation of street trees. II. Tree Removal A. The City will not remove any tree for the purpose of installation of a new sidewalk, or for street widening, until viable alternatives to tree removal have been investigated. Alternatives to tree removal will be referred to the Public Works Manager/General Services, or his/her designee, to allow for such alternatives to be considered prior to the removal of such a tree. 7 Council Policy No. 4 Page 2 of 4 Issued: 616121 B. It shall be the intent of the City not to remove any tree solely for the cause of damage to hardscape or for the cause of routing underground or overhead utility lines. Trees causing damage to sidewalks, curbs, gutters or pavement shall be inspected by a City arborist. Alternatives to tree removal, if any, will be included in a written report by the City arborist. The written report will be submitted to the Public Works Manager/General Services, or his/her designee. The Public Works Manager/General Services will decide which alternative, if any, to implement. C. The City will not remove existing street trees on the basis of individual or group preference for a specific species of tree. D. Any person may request the removal of a street tree which is not dead, dying, hazardous or in such a condition that the City would not normally remove the tree.by making a formal appeal to the Tree Commission. Such a request shall include the reason for the request for removal. E. Potentially hazardous, dead, dying or diseased trees shall be inspected by a City arborist. Upon the written recommendation of the arborist for the removal of hazardous, dead, dying or diseased trees, a Letter of Notification will be posted in accordance with Section 11.1. F. The City will not remove any tree solely for the cause of view restoration. G. Consideration for tree removal will be given a priority rating depending on the following factors: 1. Service Life 2. Damage to utilities and/or sewer lines 3. Damage to hardscape 4. Conformity of the existing tree to recommended species list The highest priority removal shall be given to trees meeting all four factors. The second priority will be given to trees meeting three factors, etc. H. All tree removals, whether by the City, contractor, or resident shall include the removal of the tree stump and the removal of all stump grinding chips and the back- filling of the hole created by stump removal with a good quality top soil suitable for the replanting of a replacement tree. I. All trees recommended for removal shall be posted by attaching the Letter of Notification and a non-removable marking upon the subject tree a minimum of 30 days prior to their removal. In addition, notification in the form of a written notice shall be given to the owner of the property where the tree will be removed, and the owner on the adjacent properties and the owners on the property directly opposite, and the owners of the properties adjacent to the opposite property. Notification shall include, but not be limited to the following information: 00 . - T Council Policy No. 4 Page 3 of 4 Issued: 6/6/2( 1. The location of the tree 2. The reason for the tree’s removal 3. The date of the scheduled removal 4. The species of tree to be planted 5. The size of the tree to be replanted 6. The date by which an appeal must be made to the Tree Commission 7. A description of the appeal process J. The City will not use a clear-cut tree replacement strategy for the management of street trees. Where practicable, and when adequately planned, alternative tree sites will be planted a minimum of five years prior to the removal of a street tree for the purpose of reforestation. K. No Heritage Tree shall be removed except if it is determined by a City arborist that such a tree is creating a hazard, or by formal appeals process. :II. Tree Replacement A. It shall be the goal of the City to replace all removed street trees. The species and approximate date of the replanting shall be includ,ed on the notice of tree removal as specified in Section 11.1. B. It shall be the goal of the City to replace all removed street trees within 45 days of their removal if the tree site meets the minimum specifications for a valid tree site. C. Tree sites not meeting the minimum specifications for a valid tree site will not be planted. D. All removed trees shall be replaced with a tree of the same species as removed, except where the removed species does not conform to the recommended species approved by the City, or the conditions existing at the valid site. No tree shall be planted into the public right-of-way that does not comply with the “Uniform Street Planting Map” approved by the City. E. Trees touching or nearly touching high-voltage utility lines shall be replaced with a recommended species. F. All tree replanting shall be with a minimum 1 5-gallon container tree, except when a person agrees to pay the difference in cost of a larger replacement tree size and any additional costs associated with the planting of a larger tree. G. A person may request replacement of a street tree species specified by the “Uniform Street Planting Map”, with another species, only when there is a medical allergy certified by a medical doctor. The replacement tree will be approved by the City arborist and the Public Works Manager/General Services. All trees removed for this reason must be replaced with a tree listed as an approved species by the City. 00 Council Polic H. The City will allow short-term rotational plantings. Page 4 of L Issued: 6161 I. The General Services Department of the Public Works (MSA) will review the approved species list annually and will add and delete tree species based on their adaptability to street tree sites in Carlsbad. N. Tree Maintenance Standards for tree maintenance shall be developed and incorporated into the City’s Community Forest Management Plan, which shall be adopted by resolution of the City Council. J. Appeals A. Any person may request a formal appeal to the Tree Commission within thirty (30) calendar days of the posting of a City Tree for: 1. the location or species of any street tree selected by City staff for planting at a specific location; and/or 2. a staff recommendation for the removal of any non-hazardous street tree. B. Any person may request a formal appeal to the Tree Commission for: 1. the removal of a street tree which is not dead, dying or diseased; and/or 2. the removal of a street tree that is listed as a Heritage Tree; and/or 3. the removal of a street tree that is causing damage to hardscape or for the cause of routing underground or overhead utilities. C. If the Tree Commission denies an appeal, the applicant may request a final appeal to the City Council within ten (10) calendar days of the Commission’s decision. D. Fees for an appeal shall be determined by resolution of the City Council. E. Appeals will be made by submitting a Tree Appeal Form available from the office of the Public Works Department. No. 4 DO0 :Y f ‘il ? IO P EXHIBIT 2 / RESOLUTION NO. 2ooo-182 / OF CARLSBAD, IN THE FISCAL OF A COMPREHENSIVE STREET TREE PROG M IN THE CITY OF CARLSBAD WHEREAS, the City Council recognizes t s contribute greatly to the health, safety 9 and general welfare 10 o the preservation, proper maintenance, and 11 City of Carlsbad; and of funds from the 12 City’s General Fund will enable the City to 13 implement a comprehensive hat will contribute to having a healthy, well 14 the Council contingency account in the General Fund to im ment the first year of a comprehensive, 16 ORE, BE IT RESOLVED, by the City ve recitations are true and correct. citywide Street Tree Program. Council of the City of Carlsbad as 1 2 2. That staff is directed to include $83,000 in the Fiscal implementation of comprehensive citywide Street Tree Program. 3 PASSED, APPROVED AND ADOPTED at a regular mee 4 City of Carlsbad held on the day of , 2000 by the following 5 vote, to wit: AYES: NOES: ABSENT: ATTEST: LORRAINE M. WOOD, Ci lerk 4 CLAUDE A. LEWIS, Mayor (SEAL) 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 / RESOLUTION NO. 2ccc-183 / OF CARLSBAD, ACCESSORY RECOMMENDATIONS D BY THE CITIZEN COMMITTEE TO STUDY THE CITY’S TREE WHEREAS, on November 2, 1999, the Ci until created a Citizen Committee to study the City’s Tree Policy to review, update and c e, as appropriate; and the Citizen Committee submitted its final report WHEREAS, the Committee ined that a number of issues should be addressed by the City in order to create a corn nsive and functional tree policy for the entire City; and WHEREAS, these issu re called the Accessory Recommendations List, which can be found on page 18 of the Co ee’s Final Report; and WHEREAS, staff curs with the Committee’s recommendations that these issues will help create a compreh rve and functional tree policy for the entire City; and appropriation of funds from the City’s General Fund will enable the City to sot-y Recommendations List; and there are sufficient funds from the Council’s contingency account in the o implement in the first year of the Accessory Recommendations List. THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as That the above recitations are true and correct. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 16 18 22 23 24 25 26 27 28 2. That staff is directed to include $151,000 i nplementation of the Accessory Recommendations Committee to Study the City’s Tree Policy PASSED, APPROVED AND ADOPTED at a Xy of Carlsbad held on the day of rote, to wit: AYES: -01 budget for the or-t of the Citizen meeting of the City Council of the , 2000 by the following NOES: ABSENT: 4TTEST: (SEAL) CLAUDE A. LEWIS, Mayor , 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF T CITY OF CARLSBAD, ESTABLISHING AN APP TO DEFRAY THE S FOR PROCESSING TO THE TREE WHEREAS, the City Council of the City of rlsbad has the authority to establish fees for City services; and WHEREAS, the City Council finds n appeal fee for planting and removing of street trees is necessary to defray the City’s for processing the appeal. NOW, THEREFORE, BE IT OLVED, by the City Council of the City of Carlsbad that an appeal fee for processing a als to the Tree Commission in the amount of one hundred dollars ($100.00) is hereby a d and shall be incorporated into the City’s official fee schedule for development-related s es for the City of Carlsbad. The fee shall become effective on July VED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad h , 2000 by the following AYES: / NOES: II / ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 24 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF OF CARLSBAD, CALIFORNIA, AMENDING THE CONFLICT OF EST CODE TO REFLECT THE CHANGES WHEREAS, in June 2000, the Tree Commi d to act as an advisory board to the City Council on all matters related to street tr WHEREAS, it is necessary to amend t t Code to reflect the above changes. NOW, THEREFORE, BE IT RES ouncil of the City of Carlsbad, California as follows: 1. That the above recit st 17, 1999, which approved the “Local Conflict of Interest Cod embers of the Tree Commission with disclosure categories 1,2,3,4. of the City Council of the II City of Carlsbad held P n the day of , 2000 by the following II vote, to wit: / TTEST: II+ LORRAINE M. WOOD, City Clerk CLAUDE A. LEWIS, Mayor (SEAL) AMENDED APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD, THE HOUSING & REDEVELOPMENT AGENCY, CARLSBAD, CALIFORNIA AND THE CARLSBAD MUNICIPAL WATER DISTRICT The positions and categories within the City listed in this appendix are “designated positions.” Any person whose position with the City is a designated position is a designated employee. Designated employees shall disclose in the manner provided in the Local Conflict of Interest Code of the City of Carlsbad those financial interests which are within the categories represented by the number(s) following the listed position. The categories correspond to the subsections of Title 2, California Code of Regulations Section 18730, subsection 7 and represent the following disclosures: “1” investment and real property disclosure; “2” personal income disclosure; “3” business entity income disclosure; “4” business position disclosure. DESIGNATED POSITIONS Mayor and Members of the City Council Chairman and Members of the Housing and Redevelopment Commission President, Vice President and Members of the Carisbad Municipal Water District City Manager City Attorney Executive Director to the Housing and Redevelopment Commission Attorney of the Housing and Redevelopment Commission City Staff under City Manager: Accountant 2,334 Accounting Supervisor 2,394 Administrative Services/Project Mgr. 1,2,3,4 Administrative Services Director 1,2,3,4 Administrative Coordinator-Special Districts 2,3 Arts Manager I, 2,3,4 Assistant City Engineer 192,314 Assistant City Manager I, 2,394 Assistant to City Manager I, 2,3,4 Assistant Engineer 1 Assistant Finance Director I, 2,394 Assistant Library Director 192,394 Assistant Planner 1 Assistant Planning Director I,29 354 Associate Engineer 1 Page 2 of 4 (I/20/98) Associate Planner Building Inspector I & II Building Maintenance Superintendent Building Maintenance Supervisor Code Enforcement Officer I & II Community Arts Coordinator Community Development Director Construction Inspector I & II Construction Supervisor Equipment Maintenance Superintendent Equipment Maintenance Supervisor Executive Assistant Finance Director Fire Chief Fire Division Chief Fire Division Chief/Fire Marshal Fire Battalion Chief Geographic Information Systems Coordinator Housing & Redevelopment Director Housing Program Manager Human Resources Assistant Human Resources Director Human Resources Manager Information Systems Director Information Systems Manager Library Director Library Services Supervisor Management Analyst Management Assistant Media Programming Specialist Municipal Projects Manager Park Development Coordinator Parks Superintendent Parks Supervisor Planning Director Police Chief Police Captain Police Lieutenant Principal Building Inspector Principal Civil Engineer Principal Librarian Principal Construction Inspector Principal Planner Principal Recreation Supervisor Public Works Director Purchasing Officer Recreation and Park Planning Manager Page 3 of 4 (l/20/98) 1 233 213 132 2,314 1 I 2,394 293 293 293 293 I, 2,334 1,2,3,4 z3 2,3 283 293 2,3 I, 2,3,4 1,2,3 293 293 293 2,394 293 U,3,4 233 273 233 273 1,2,3,4 1,2,3,4 I, 2,394 213 I, 2,3,4 213 233 2,3 2,3 283 233 233 233 213 I, 2,394 233 233 Risk Manager Senior Accountant Senior Building Inspector Senior Citizens Coordinator Senior Construction Inspector Senior Management Analyst Senior Planner Street Maintenance Superintendent Street Maintenance Supervisor Traffic Engineer Utilities/Maintenance Superintendent City Attorney’s Office: Assistant City Attorney Deputy City Attorney City Clerk Assistant City Clerk Deputy City Clerk Executive Manager of the Carlsbad Municipal Water District District Employees under the Executive Manager of the Carlsbad Municipal Water District Accountant Administrative Manager Associate Engineer Construction & Maintenance Supervisor Cross Connection Control Technician District Engineer General Manager Maintenance Superintendent Management Analyst - CMWD Meter Shop Supervisor Operations Superintendent Senior Engineering Inspector Sewer Maintenance Supervisor System Operations Supervisor Water Maintenance Supervisor General Counsel for the Carlsbad Municipal Water District Members of the Housing Commission Page 4 of 4 (l/20/98) 1,2,3,4 1,2,3,4 1,293 233 I, 293 I, 2,3,4 253 2. 3 2; 3 I, 2,334 233 I, 2,3,4 1,2,3,4 2,394 2,394 2,3,4 ** 2,394 I, 2,394 1 2. 3 1:2 1,2,3,4 1,2,3,4 233 2,3 293 253 123 293 293 2.3 ** 1 I 2,3,4 Members of the Arts Commission 283 Members of the Board of Library Trustees 1,234 Members of the Design Review Board 1,2,3,4 Members of the Tree Commission I, z3,4 Members of the Board of Directors of the Public Finance Authority I, 2,394 Members of the Parks and Recreation Commission I, 2,394 Members of the Planning Commission * Members of the Senior Commission 2,334 Members of the Traffic Safety Commission 2,394 Members of the Water Commission 1,2,3,4 Consultants *** Public Investme&: It has been determined that the positions listed below manage public investments and will file the Form 700 Statement of Economic Interest: City Treasurer Deputy City Treasurer Assistant to the Treasurer * * * * This position is required to report by virtue of Government Code Section 87200. It is included for disqualification purposes only. See Government Code Section 87200 for disclosure requirements. ** When a designated employee is also required to file a conflict of interest form under Article 2 (Gov’t Code $87200, Form 700) of the Act, he or she may expand their statement to cover reportable interests in both jurisdictions or both positions and file copies of this expanded statement with the City Clerk provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. The duties of each consultant will be separately evaluated to determine whether or not disclosure will be required, and the categories which will apply. The evaluation of the consultants duties will be conducted by the department head of the department which is responsible for the hiring of the consultants. The disclosure requirement shall be included in the consultants contract approved by the City Council, Housing and Redevelopment Commission, City Manager or Executive Manager of the Cartsbad Municipal Water District. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 6 ORDINANCE NO. Ns-545 AN ORDINANCE OF THE CITY COUNCIL OF CARLSBAD, CALIFORNIA, REPEALING TITLE WHEREAS, the City Council recognizes that trees bute greatly to the health, safety, and general welfare to all of Carlsbad citizens a that the preservation and proper WHEREAS, the City Council further reco zes that trees and shrubs improve the environment and provide great aesthetic bene y moderating the climate; releasing oxygen; acting as filters against airborne polluta providing noise abatement; privacy screening; erosion control and harboring wildlife i urban setting; and WHEREAS, the City Council s the authority to determine all aspects of the preservation and proper mainten of public trees and shrubs; and WHEREAS, the City Coun ds and determines that it is necessary to enact regulations prohibiting unnecessary dam o, removal of, or destruction of public trees and shrubs. NOW, THEREFORE, City Council of the City of Carlsbad does ordain as follows: SECTION I. That sting Title 11, Chapter 11.12 of the Carlsbad Municipal Code is Title II, Chapter 11.12 of the Carlsbad Municipal Code is added to read as follows: 11.12.060 11.12.070 11.12.080 Chapter 11.12 TREES AND SHRUBS Purpose and intent Definitions Jurisdiction of general services department of public works (MSA) Master tree list Street tree planting and maintenance procedures Approval prior to planting Street tree maintenance Protection of trees 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11.12.090 11.12.100 11.12.110 11.12.120 11.12.130 11.12.140 11.12.150 11.12.160 Tree removal Tree replacement Overhanging trees Uniform street planting map Community forest management plan Heritage trees Appeals Violation 11.12.010 Purpose and intent. The public interest and welfare require t the city establish, adopt and maintain a :omprehensive program for installing, maintai nd preserving trees within the city. This chapter establishes policie regulations and specifications necessary to govern installation, maintenance and pr ation of trees to beautify the city, to purify the air, :o provide shade and wind protection, to preserve trees with historic or unusual value. It is the policy of the ci e its streets with trees and to conduct a consistent and adequate program for maintaini d preserving these trees. It is the goal of this policy to )rovide for planting trees in all as of the city and for selecting appropriate species to achieve 3s much beauty and eco It is also the policy of the city to protect and Dreserve all desirable tre at are located on the city’s right-of-way. f the city to encourage new tree planting on public and private Droperty and to culti a flourishing urban forest. purposes of this chapter the following words and phrases shall have the ctively ascribed to them by this section, unless it is obvious from the context that “Certified Arborist” means an arborist certified by the International Society of 2. ‘Community Forest Management Plan” means a document that contains goals and policies that will guide the city in its actions and decisions affecting trees within the city limits. 3. “Hazardous Tree” means any tree or tree condition which represents a danger to oersons, property or other healthy trees. 2 22 1 4. “Heritage Tree” means any tree existing within the city limits which has been so 2 designated by resolution by the city council. Heritage trees shall be trees with notable historic 3 interest or trees of an unusual species or size. 5. “Maintain” or “maintenance” means the entire car trees 4 including ground preparation, fertilizing, mulching, trimming and watering. 5 6. “Plant” means an herb that lacks a permanent 6 7. “Shrub” means a low woody plant havin veral stems and a trunk less than 7 three inches in diameter at a height less than four and feet above the ground. 8 8. “Tree” means any perennial wood having a trunk at least three inches in g diameter at a height four and one-half feet ab the ground. This definition shall include any IO tree planted by or required to be planted by city which will attain the stated size and maturity. 11 9. “Tree Service Life” mea e number of years that the tree provides the most l2 benefits with the least amount of cost 13 10. “Valid Tree Site” m a tree site in that area of the public right of way where a 14 tree can be planted. The requi nt shall be one tree per residence or forty feet (40’) between trees for a large tree site, t feet (30’) for a medium tree site and twenty feet (20’) for a small 15 tree site. All tree sites b th a high voltage electrical line shall be considered a small tree site. 16 Tree sites shall be plan with a large, medium or small tree listed and approved by the city. 17 18 her designee, shall 19 on and control over the planting, maintenance, removal and replacement of 20 trees, shrub r plants in all streets, sidewalks, medians or other public rights of way of the city, 21 e such power, authority, jurisdiction and duties as are prescribed in this chapter. 22 23 24 25 The city manager, acting through the public works director or his/her designee, shall p and maintain a master tree list, which shall be adopted by resolution of the city council d shall be on file in the office of the city clerk. These documents shall specify the species of trees suitable and desirable for planting in certain areas in order to establish a wide ranging 26 27 28 urban forest. ii I/ 3 1 Il. 12.050 Street tree plantinq and maintenance procedures. 2 The city manager, acting through the public works director or hi 3 develop and implement policies and standards for street tree planting an intenance and will 4 incorporate these policies and standards into the city’s community t management plan, which shall be adopted by resolution of the city council. 5 11 .I 2.060 Approval prior to planting. 6 No tree, shrub or plant shall be planted in any stre rdewalk, median or other public 7 right of way of the city until the city manager, acting thr the public works director or his/her 8 designee, first approves the kind and variety, desi s the location therefor and grants the g permit for planting. 10 11.12.070 Street tree maintenance. 11 It shall be the obligation of the ci nager, acting through the public works director or 12 his/her designee, to assign appropriate duled tree, shrub or plant maintenance, including but 13 not limited to pruning, fertilization, i tion and pest control based on age, species, size and 14 location to assure the proper main nce of all street trees, shrubs or plants. emove, trim, prune or cut any street tree, shrub or. plant now or 16 hereafter growing in any t, sidewalk, median or other public right of way of the city, unless 17 such work conforms w II city regulations and standards. These regulations and standards are I8 kept on file in the o of the public works department. rson shall remove, injure or misuse any guard or device placed to protect 20 any tree, shru r plant now or hereafter growing in any street, sidewalk, median or other public No person shall hitch or fasten any kind of animal to any tree, shrub or plant now ny person place a post for hitching of animals within five feet of any tree, shrub or plant or hereafter growing in any street, sidewalk, median or other public right of way of the city. No person shall willfully injure, disfigure or intentionally destroy by any means any tree, shrub or plant growing in any street, sidewalk, median or other public right of way of the city. 4 1 2 3 10 II 12 13 14 15 16 18 23 24 25 / 26 27 28 E. No person shall: 1. Construct a concrete, the ground area near any tree, shrub or pl public right of way of the city, to shut off a authority from the city manager, acting thro 2. Place building mate injury to a tree near any tree, shrub or pl public right of way of the city, which might 3. Post any sign on any tree that is section 11 .I 2.090 of this chapter, tree-sta other device for holding electric, telepho plant now or hereafter growing in any street, scheduled for removal as described in city. F. / No person shall interfer or cause any other person to interfere, with employees of the city, or contractors emplo by the city, who are engaged in planting, maintaining, treating, removing or replacin street tree, shrub or plant or removing or replacing any material which is likely to cau jury to the tree, shrub or plant. plant any street tree, shrub or plant except according to policies, regulations and spec ions established pursuant to this chapter or any currently applicable ordinances or code olicy. The city values trees as an important part of the environment and shall erve them whenever possible and feasible. When reviewing requests for a street al permit, the city shall discourage removing desirable trees, and shall consider ng removal of desirable trees only as a last resort alternative for the applicant. Permits for Removal. Except as otherwise provided in this chapter, removing any et tree in the city shall require a permit issued by the city manager, acting through the public works director or his/her designee C. Review of the application to remove a tree shall proceed as follows: 1. A city arborist shall inspect the property and recommend approving or II denying the application in a written report submitted to the city manager, acting through the public works director or his/her designee. 5 25 1 2. The city arborist may authorize a tree’s removal after finding either of the 2 following circumstances: 3 a. The tree is a hazard to life or property, and ving it is the only 4 feasible way to eliminate the hazard; b. The tree is dead, dying, diseased or da ed beyond reclamation. 5 3. If the city arborist does not find either o above circumstances for 6 removing a tree, a priority rating depending on the following f s can be considered for a tree 7 removal. 8 a. Service life; 9 b. Damage to utilities and/ IO C. Damage to hardscap 11 ing tree to recommended species list. 12 The highest priority rem I shall be given to trees meeting all four factors. 13 The second priority will be given to trees g three factors, etc. 14 If the city arborist recommended denying the application, the applicant may request the tree commission to re w the arborist’s decision. 15 5. If the tree corn n concurs with the city arborist’s recommendation to deny 16 the application, the applicant m equest the city council to review the matter for final action. 17 D. All tree remov hether by city or applicant, shall include the removal of the 18 stump and the removal of stump grinding chips and the backfilling of the hole created by 19 stump removal with a go uality top soil suitable for the replanting of a replacement tree. 20 E. f Tree Removal. 21 e city shall post a letter of notification and a non-removable marking 22 upon the subject e a minimum of 30 days prior to its removal. The letter will be posted in a 23 prominent IO n, visible from a public street and will include, but not be limited to the following 24 information: / a. The location of the tree 25 26 27 28 / b. The reason for the tree’s removal; C. The date of the scheduled removal; d. The species of tree to be replanted; e. The size of the tree to be replanted; 6 7 8 9 IO 11 f. The date by which an appeal must be made to the tree commission. cl- A description of the appeal process. 2. The letter of n to the owner of the property where the tree is scheduled be rem rs, as well as to the property owners directly opposite a nt to the opposite property. 3. The city manager, acting irector or his/her designee, may waive notification circumstances: a. his/her designee determines works director or 12 II b. cal, state or federal authorities have declared a state of 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 emergency and a tree’s conditi reatens public health, safety or welfare. all be removed except if it is determined by a city arborist that such a tree is creating a ha d, or by formal appeals process. the goal of the city to replace all removed street trees within 45 days of their removal if the t site meets the minimum specifications for a valid tree site. oved trees shall be replaced with a tree of the same species as removed, emoved species does not conform to the recommended species approved by nditions existing at the valid site. No tree shall be planted into the public right of not comply with the uniform street planting map as described in section 11.12.120 Trees that are touching or nearly touching high-voltage utility lines shall be with a recommended species. All tree replanting shall be with a minimum 15-gallon container tree, except when a in cost of a larger replacement tree size and any additional ts associated with the planting of a larger tree. E. A person may request replacement of a street tree species specified in the uniform street planting map with another species only when there is a medical allergy certified by 7 1 a medical doctor. The replacement tree will be approved by the city arborist and the city 2 manager, acting through the public works director or his/her designee. All trees removed for this 3 reason must be replaced with a tree listed as an approved species 4 11.12.110 Overhanaina trees. The owner or his/her agent of every lot or parcel of land in which any trees, 5 6 7 8 9 IO 11 12 13 I4 I shrubs or plants are now or may be hereafter standing shall tr or cause to be trimmed, the branches thereof so that the same shall not obstruct the a uate passage of light from any street light located in any street, sidewalk, median or 0th blic right of way of the city and such owner or his/her agent shall trim all branches of any t s, shrubs or plants which overhang any street, sidewalk, median or other public right of of the city so that there shall be a clear height of eight feet above the surface of the stre idewalk, median or other public right of way of the city unobstructed by branches; and s owner or his/her agent shall remove from such trees, shrubs or plants all dead, decayed o ken limbs or branches that overhang such street, sidewalk, median or other public right ay of the city, and when any such trees, shrubs or plants are dead, such owner or his/h gent shall remove the same so that they shall not fall in the street, sidewalk, median or 0th ublic right of way of the city. 15 16 17 18 19 20 21 22 23 II management plan that provides direction to develop goals and policies that will il shall adopt a uniform street tree planting map that will pict a uniform method of tree plantings on city streets. The city manager, acting through e public works director or his/her designee, shall have copies of this map made and the s shall be kept on file in the office of the city clerk and may be obtained recommendation of the tree commission, the city council shall adopt a 24 25 26 27 When the management plan in its original or modified form is adopted by the city council, 28 it shall become the tree planting plan for public streets of the city and shall be strictly adhered to 8 28 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in all future street planting improvement projects and in the removal, replacement and maintenance of trees, shrubs or plants in public streets in the city. The management plan for the entire city does not need to be adopted by the city council at one time. Instead, council may adopt the community forest management plan for different portions of the city hin a reasonable length of time after the completed plan for any particular portion of the city een submitted to the city council for adoption. The city manager, acting through the public works director or h er designee, shall have copies of this plan made and the same shall be kept on file in the of the city clerk and may be obtained by the public. The city council recognizes the important role tre have played in the history and development of Carlsbad and recognizes that a wide v of trees can grow in its unique and temperate climate. The city may officially desig as heritage trees those trees in the community which have significant historical or a ultural interest. It is the policy of the city council that all designated heritage trees that are public streets shall be protected. 11S12.150 Appeals. A. Any person may request a al appeal to the tree commission within thirty (30) the location or a specific location; and/or ies of any street tree selected by the city for planting at street tree. st’s recommendation for the removal of any non-hazardous y request a formal appeal to the tree commission for: moval of a street tree which is not dead, dying or diseased; and/or e removal of a street tree that is listed as a heritage tree; and/or the removal of a street tree that is causing damage to hardscape or for the underground or overhead utilities. If the tree commission denies an applicant’s appeal, the applicant may request a to the city council within ten (10) calendar days of the commission’s decision. Fees for an appeal shall be determined by resolution of the city council. .. E. Appeals will be made by submitting a tree appeal form available from the office of the public works department. 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 RONALD R. 23 24 25 26 27 28 11.12.160 Violation. A. Any violation of this chapter 1, Section 1.08.010 of this code. B. In addition to any criminal section 36901, impose a civil penalty for any violation of this chapter in a mount not to exceed one thousand dollars. C. Nothing in this section shall prevent the city fro monetary damages as an alternative to a EFFECTIVE DATE: This ordina the City Clerk shall certify the adoption 3nce in a newspaper of general circul adoption. INTRODUCED AND FIRST RE the day of PASSED AND ADOPTED at a eeting of the City Council of the City of Carlsbad on the 2000, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 10 30 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 23 24 25 26 27 28 ORDINANCE NO. Ns-546 AN ORDINANCE OF THE CITY COUNCIL OF THE Cl CALIFORNIA, FORMING A TREE ADVISORY BOARD ON ALL IN CARLSBAD WHEREAS, the City Council recognizes th and general welfare of the citize WHEREAS, the City Co and continued enhancement of a communit$ f WHEREAS, the creation of a Tr the City Council on all matters re NOW, THEREFORE, the SECTION I: That Chapte per maintenance, Id serve as an advisory board to cial to the entire community. the Carlsbad Municipal Code to read as follows: 2.54.010 Created. There is hereb rve as an advisory board to the city ntment - Terms. sist of five members, two of whom shall be appointed from and three of whom shall be appointed from the general ree year terms. The tree commission shall meet at such time or times as the commission may establish by rule, provided that a regular meeting shall be held at least once each month. The majority of the appointed members shall constitute a quorum for the purpose of transacting the business of ’ the commission. The commission shall elect a chairperson and shall establish rules and procedures necessary for the conduct of its business. 31 The tree commission will review tree-rela ine the needs of the city 3 with respect to its tree planting, replacement, mai 4 5 The commission will also make reco regulations, codes and/or ordinances pertaining 6 selection of specific species of trees for designa 7 of a community forest management plan for the 8 In addition, in accordance with section .12.150 of this code, the commission shall hear 9 appeals from decisions of the city manager r garding the planting or removal of street trees. 10 2.54.050 Reoeal date. 11 -I” Subject to further action of t e city council, this chapter shall be in effect until July 1, I2 2003, on which date it 13 disbanded. repealed and the tree commission shall be This ordinance shall be effective thirty days after its adoption, and e adoption of this ordinance and cause it to be published at least eral circulation in the City of Carlsbad within fifteen days after its 24 /I 25 iI 26 /I 27 II 28 /I 32 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 28 ,- ,- INTRODUCED AND FIRST READ at a regular meeting of the Carl the the day of ,2000, and thereafter ,2000, and thereafter cil of the City of Carlsbad on the on the AYES: AYES: NOES: NOES: ABSENT: ABSENT: APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor CLAUDE A. LEWIS, Mayor ATTEST: ATTEST: LORRAINE M. WOOD, City Clerk LORRAINE M. WOOD, City Clerk (SEAL) (SEAL) 33 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 8 ORDINANCE NO. ~~~-547 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.36 MUNICIPAL CODE PERTAINING TO THE DUTIES THE PARKS AND RECREATION COMMISSION the power to adopt rules and regulations pertaining to the cutting, trimming, pruning, plan tree, shrub or plant upon any street; and removal or interference with any WHEREAS, the city council desires to create ee Commission to serve as an advisory board to the City Council on all matters related to t trees, shrub and plants; and WHEREAS, the duties of the Parks an ecreation Commission needs to be amended to reflect changes resulting of the creation of ree Commission. NOW, THEREFORE, by the C until of the City of Carlsbad does ordain as follows: SECTION I: That Section 2 70 of the Carlsbad Municipal Code is amended to read as follows: “2.36.070 Duties. The park and recre commission shall have the power, and it shall be the duty of the commission, to make mendations to the city council and to advise the council in matters pertaining to the cre n, operation, maintenance, management and control of community recreation progra f playgrounds and indoor and outdoor recreations, activities and facilities. the duty of the commission to advise and make recommendations to the city rs pertaining to planting, trimming, pruning, and care of all trees, shrubs or plants oval of all objectionable trees, shrubs and plants in and upon any park or pleasure ubject to further action of the city council, this section shall be in effect until July 1, 2003, on which date it shall be automatically repealed.” 1 SECTION II: That Section 2.36.070A is added to the Carlsbad Municipal Code to read as 2 follows: 3 “2.36.070A [Operative Julv I, 20031 Duties. 4 5 The park and recreation commission shall have the power, an hall be the duty of the commission, to make recommendations to the city council and t ise the council in matters 6 pertaining to the creation, operation, maintenance, manage and control of community 7 recreation programs of playgrounds and indoor and outdo creations, activities and facilities. 8 Further, it shall be the duty of the commission to advis d make recommendations to the city 9 council of matters pertaining to planting, trimming, pr ng, and care of all trees, shrubs or plants 10 and to the removal of all objectionable trees, bs and plants in and upon any street, park, 11 pleasure ground, boulevard, alley or public 12 This section shall become operati on July 1, 2003, unless an ordinance that becomes 13 effective on or before that date extend deletes the repeal date of section 2.36.070.” 14 SECTION III: That Sectio .080 of the Carlsbad Municipal Code is amended to read 15 as follows. 16 17 recreation commission shall have the power to equip, operate, 18 supervise and maintain ygrounds, athletic fields, swimming pools, swimming centers, indoor 19 recreation centers, oriums, or other park or recreational facilities on or in any public grounds 20 ut the city, which the commission may from time to time acquire, provide, 21 ignate for such use, subject to the approval of the city council. The 22 II further have the power to adopt rules and regulations pertaining to the cutting, 23 nrng, planting, removal or interference with any tree, shrub, or plant upon any park 24 ground of the city. 25 ubject to further action of the city council, this section shall be in effect until July 1, 2003, ich date it shall be automatically repealed.” 26 27 SECTION IV: That Section 2.36.08OA is added to the Carlsbad Municipal Code to read 35 1 2 3 4 5 6 7 8 9 10 “2.36.08OA [Operative Julv I, 20031 Powers nenerallv. The parks and recreation corn perate, supervise and maintain playgrounds, athletic fie indoor recreation centers, auditoriums, or other park 1 buildings in or about the city, which authorize and designate for such commission shall further have the p and regulations pertaining to the cutting, trimming, pruning, planting, removal 1 park, pleasure ground, boulevard, al ~ This section shall become o 11 effective on or before that date extends deletes the repeal date of section 2.36.080.” 12 13 14 15 adoption. nance shall be effective thirty days after its adoption, and n of this ordinance and cause it to be published at least lation in the City of Carlsbad within fifteen days after its 18 FIRST READ at a regular meeting of the Carlsbad City Council on ,2000, and thereafter 18 gular meeting of the City Council of the City of Carlsbad 9 2000, by the following vote, to wit: 23 24 I R. BALL, City Attorney 26 CLAUDE A. LEWIS, Mayor 27 ATTEST: 28 LORRAINE M. WOOD, City Clerk (SEAL) 3d EXHIBIT 9 April 26,200O TO: FIRE CHIEF, PUBLIC WORKS DIRECTOR FROM: Fire Marshal HOSP GROVE REHABILITATION PROJECT This information is provided to assist in addressing the issues of Hosp Grove as they relate to Fire Protection and the recent Northwest Quadrant Tree Management Committee Report. As you know, the Fire Department manages the fire protection of the grove through an annual removal of brush, annual grasses, low hanging tree limbs and refuse. As a result, we have received very positive evaluations and comments from state and local foresters on the general condition of the grove in regard to fire safety. Recently Hosp Grove and other Eucalyptus stands throughout Southern California have become infested by the Red Gum Lerp Psyllid (Glycaspis brimblecombei) parasite. Widespread mortality has occurred and is expected to continue, resulting in standing dead trees and foliage. The FDA has approved the introduction of a predatory wasp from Australia to control the infestation. The nearest release was in San Diego in March, but we have no reports on how far they have ranged or how effective they have been. Presently, approximately 1,400 trees are standing dead in the grove, due either to the boring beetle infestation, weather stress or the Lerp Psyllid. These trees will eventually fall during wind and rain activity, creating additional ground fuel and fire risk. We have been consulting with Urban Foresters fi-om two separate agencies on a mitigation plan. It involves removal of dead trees, reforestation of open spaces, and the installation of temporary irrigation. The project will require the cooperation of state and federal agencies, other City departments, and adjacent neighborhoods. The objective of the reforestation is to reestablish the forest canopy over the next ten to fifteen years in order to preclude the growth of ground fuels in which fires originate. Phase one: Remove all dead and dying specimens We have contacted the California Department of Forestry and Fire Protection, and have a preliminary commitment from them for the use of Department of Corrections inmates to perform the work. Approximate cost is $38,000. Phase two: Install temporary irrigation system Temporary irrigation is needed to support the reforestation effort of phase three Approximate cost is $35,000 Phase three: Reforest areas blighted by boring beetles and Lerp Psyllid infestation Approximate cost is $28,000. Contingency costs: $5,000 37 Marcia Ross 901-E Caminito Madrigal Carlsbad, CA 92009 760/931-1012 telephone/fax rosscom@webtv.net June 6, 2000 Carlsbad City Council Carlsbad, CA 92008 Rer Agenda Item #20 AB #IS,769 Financial Analysis and Implementation of a Street Tree Policy Position; FOR AN OCEAN VIEW TREE POLICY OR ORDINANCE Dear Carlsbad City Council: I urge you to consider the rights and responsibilities for the entire city for which you represent in the matter of trees, vegetation, etc. and their consequences upon the City of Carlsbad. Carlsbad is a coastal city, blessed with the Pacific Ocean and shores at its western boundary. Yet somehow the topic of trees, ocean views, other vegetation which preclude: sunlight or views, and ordinary plant and tree maintenance, which is of primary importance to property owners, residents, and tourists is absent from any policy or ordinance by the City of Carlsbad. Trees and other vegetation had been planted here many years ago with no maintenance because no one was accountable or had any responsibility to maintain what was planted, This is a Win-Lose situation. Residents of Carlsbad can plant whatever by entitlement and without consequences. There is no need to be responsible to maintain what was planted or to consider the position of others. Those who are affected by the neglect are helpless TV correct the problems. Please, City Council, let us change this lack of policy immediately and accept responsibility for our actions with an ocean view tree policy. Sincerely, 6/4/2000 Altamira 2 -Ocean view from patio - &~kk 901-E Caminito Madrigal - 6/4/2000 Altamira 2 7 Ocean view from patio - m I 9Ok-E Caminito Madrigal n . / 6/4/2000 Altamira 2 Ukean view from patio - L&I 901-E Caminito Madrigal By Mstcia R ass * C Linda S. Levier 915-A Caminito Estrada Carl&ad, California 92999 (769) 692-1273 savyfinnam@cs.com June 6,29CKI Carl&ad City Council Carlsbad, California Dear Mayorand Council Members, Two years ago I chose to move to Cat&bad, the Village by the sea, and then, specifically, to AltaMira II, Sea View Was. Not all units have an ocean view now. I had to pay significantfy more for my unit because of its view. I even see the white water of waves breaking. I will be greatly saddened and my home will diminish in value if I lose my view due to future vegetation. This has already happened to many AltaMira residents who had impressive views not so long ago. I am speaking because I have become aware that some cities, known for their beautiful locations, have begun to address preservation of a ho meovmets view. They also recognize the desires of residents for attractive landscaping and personal privacy. Disputes can arise between property owners when one owner’s landscaping takes away the view of another homeowner. I would like to see the Cartsbad Council look at actions taken by other cities regarding a view and trees policy. For half a year I have been attending view preservation meetings held by a Del Mar City Council Ad Hoc Committee. The members have taken their task very seriously. On Monday of next week they will ba present their proposal to their Cii Council. Their plan encourages neighbor to neighbor talks, mediation, and, if those steps don’t work, the hearing of cases by a View/Trees Board, consisting of knowledgeable citizens pledged to consider the desires of all homeowners involved. I was impressed by their desire to have developed a “Before you Build and Landscape” booklet that would be given to people when they obtain a building permit. In the booklet could be suggestions for sensible landscaping and responsible upkeep of their vegetation. The intent is to help homeowners think ahead about neighbors rights and desires. Avoiding conflicts is far superior to suffering emotionally and/or finacially if neighbors find themselves in conflict. I hope that you will take my thoughts into consideration as you continually work to make Cansbad a wonderful place in whii to live. Yours, * -cl h!%k Linda S. Levier . - nnnc, c cn,*l ..,>.+-:fi I-*. .-. - ‘- m 0 . ..?*I? hi.m 1,2OW - p,Qast N~s - Page A-li public invited to ’ &cuss: d.& j 5 DELca. ; k-Y- &‘ ti&‘.*d Dd&cTh i.,.. aD<e &?Kk.” .*A :. “ie ; p$’ ’ .; L. &of&g~appointed.bad- -&-for tlpe’g& M Mjr,-: ; .- ‘;i* “’ ;~’ I i hoc View Resolution Comqittee regarding disagreements amoug -yJ?$&-&; J&g “i2 ‘6. committee wjll submitto th; Del i ‘to research and hold public neighbofs regarding vkwprotec- lwatcity-Cok5l&e w meetings to ’ investigate the tion and the d&k for. trees and dat&s a& finiiings if g&a& *-*; :. ‘. :;: ; ‘.p:,,,:,:: Mesibers6fthe~ -\+&& to;aw; &&&& ,&&+&.&*&*m ;.“,“&fjjR~&j&&& b +&,&&&g~ tie .@+& i &@q$*&&.&&&j;@.&@ ~s.&-)qf&qJy.F* ,%&Y&g=g& #Qz &&&g.&p&g @&$.Jgg&p &&J&@hg.:tf7w&*:-z. :( ., ,A‘w~$c3aiiiu&!;4dda’the ..C~~Q@&+~* is -~&vSlabk a$ the. Bei: Mar tima _’ ‘. ; 1 .“_. ? . . .,/ ALTAMIRA II. 6-6-2000 OCEAN VIEW PRESERVATION ADHOC COMMITTEE CHAIRMAN GUY WEDDINGTCN McCREARY. (760-6020190-818-7623998) CHAIRPERSON AND COUNCIL MEMBERS: I AM GUY WEDDINGTON McCREARY,CHAIR OF THE ALTAMIRA 11 Ocean View Adhoc Committee to protect our ocean view from trees blocking our view. Also wherever this problem exists. What we want is a view protection Ordnance tied into a overall Tree ordnance for the Community of Carlsbad. A totally encompassing ordnance, not one just for part of Carlsbad but one that is fair to all its citizens. All of Carlsbad. It has been 25 years since a ordnance has been placed on the books and it does not say much of anything. Twenty Five Years ago when Altamira II was built there was 150 17,000 persons living here and the present number is 81,000. As a Adhoc Committee that has been monitoring the City of De1 Mars review of a new ordnanae for ocean view and trees. We have gathered together their information collected from the League of California Cities that lists 52 cities in California that have ordinances. Their Committee selected out 8 cities and others of which your Board of Public Works, at this time is in their hands. So we have made it easy for you to review the laws and procedures that are being used today. Lets be clear we love trees too, but there is responsibility to ones neighbors and the community at large to maintain them properly to protect views when necessary. Some of the reasons are: The attractiveness and livability of the City of Carlsbad are enhanced by its trees and views from the range of elevations found in the City. 2. Views from individual properties add to the property values in the City and there loss decrease in property values. 3. Views contribute to both economic and aesthetic values and should be protected against unreasonable obstruction. 4. Unreasonable obstruction or blocking of views by uncontrolled growth or maintenance of trees or vegetation on private property constitutes a nuisance subject to City redress. 5. An ordnance is needed to promote the Cities public health,safety and welfare and only is to enhance to protect the view as existed at the time of development or original view. You can not create a new one. Therefore: Altamira II asks the City Council of the City of Carlsbad to address this serious problem and in conjunction with the Tree Ordnance, or address a Ordnance on Ocean Views and Trees, or one way or another as soon as possible with all the data that you have on hand. ‘7 , _--. i i I / ~oc?dr~~Q'~l@B. mkaf- Jurisdictions With -!;I-- lp- t,', View Protection Ordinances gang cities and counties consciously protect views and viewsheds that represent local aes- theuc resources through view protectIon ordinances. such ordinances can protect views in several ways, such 89 Umiting buildin& heighta, requiring open space In key ~88, or mgulat- Lng street patterns through topographlca&y oriented street design. The following m-e among the jurIsdictiona that have reported having view protectiOn Ordfpances. A00m.A HILts rnocH ARROYO OFlANDB AVGON BEMCIA BLITHE BRADBURY B-W CLLRZSBAD :a- DANVaJg DzLbwl DESERT HtYI’ SPRING8 PoareRcTrY OROVBR OITY u HABRA HBIom LOMITA MOKPEBELU MORFuiEAY tzi!Z OCEAN-B PASADENA PIBDMONT PomTAImNA RANCH0 PAlm VERDE3 RIO VI&A ROLLWG Bnu lJlLNpdURBAl?A iJ.mNzcouNTY ?mA OONTRAOOBl’ACOUN’Z BLWBAWOOUNTY 8QUNABEBCH HuamoLmwuNrY 8QLVAm t?ANllu!mocom 81: HExmu sIERBAcovKpp itEE%B / Fiiz!E WBSWORLAND To: Mary Hale, Kathy Finnell, Gay Fisher VRC; Subcommittee Members cc Jerry Hoffmeister From: Laura Parker . Date: August 31,1999 RE: Follow up to 8/30 Meeting Attached please find eight (8) View Ordinances from various Cities. It was concluded at our meeting (after some debate) that we should compile information from each of these Ordinances to better understand how each City deals with various subjects, even as it relates, to the process for dispute resolution. The Ordinances that are attached in the order numbered are: , 1) Laguna Beach Laura 2) Tiburon Mary 3) Ranch0 Palos Verdes Kathy 4) Pacifica Gay 5) Clyde Hill, WA Laura 6) El Cerrito* Mary 7) Belvedere Kathy 8) Sausalito* QY Your name is listed alongside two of the Cities. We decided last night that it would benefit our group if we called each respective City Planner to obtain basic information-how long has this Ordinance been in effect?, how has the Ordinance worked?, have there been lawsuits?, have there been changes to the Ordinance over the years? And finally, do we have the most recent copy!? *El Cerrito and Sausalito were taken from the ‘87 View Enhancement Committee’s package. All others should be recent. We should also see if they would be willing to send us a note on their letterhead confirming their assertions. This would be good for our records and ultimately for our presentation to the Council. Call the respective Cities you are assigned and fill out the attached questionnaire. You may even ask the City Planner to fill it our and fax it back to you if that is easier. Further Research: Each member has been assigned a subject/heading. Peruse each of the above listed Ordinances and “cut and paste” relevant information regarding this heading onto a separate sheet (manually). This will alleviate us having to do lengthly typing at this point. - All Receive-Agenda item #Am For the Information of the: June 6,200O TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: PW/GS Management Analyst STREET TREE POLICY During yesterday’s agenda briefing for the Street Tree Policy, some issues were brought to our attention that needed to be addressed. Listed below is our response to addressing these issues. 1. The appeal fee should be consistent with the established fee schedule. Staff has learned that the fee for miscellaneous appeals to the City Council is $120.00. Therefore, staff revised the resolution in Exhibit 4 by changing the proposed fee of $100.00 to $120.00. Attached is a copy of the revised resolution. 2. What is a pleasure ground? The word “pleasure ground” was found in the proposed amended ordinance of the Parks and Recreation Commission (Exhibit 8). Since staff was unable to define this word, we decided to delete it from the ordinance. Attached is a copy of the revised amended ordinance. In addition to Exhibits 4 and 8 revisions, staff has attached a strikethrough version of the proposed tree ordinance (Exhibit 6). Everything that is highlighted are newly added sections to the tree ordinance, while strikethroughs are sections that were deleted. Unchanged sections are those sections that have no highlights or strikethroughs and were part of the original Carlsbad Municipal Code. If you have any questions, staff will be available to answer them at tonight’s meeting. A---- SCOTT CARROLL Management Analyst Attachments: Exhibits 4,6 & 8 c: City Manager City Attorney Public Works Director Public Works Manager/General Services - 1 EXHIBIT 4 2 3 RESOLUTION NO. 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 5 CALIFORNIA, ESTABLISHING AN APPEAL FEE TO DEFRAY THE CITY’S COSTS FOR PROCESSING APPEALS TO THE TREE 6 COMMISSION 7 WHEREAS, the City Council of the City of Carlsbad has the authority to establish fees for 8 City services; and 9 lo WHEREAS, the City Council finds that an appeal fee for planting and removing of street . trees is necessary to defray the City’s costs for processing the appeal. 11 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad that I2 an appeal fee for processing appeals to the Tree Commission in the amount of one hundred I3 twenty dollars ($120.00) is hereby adopted and shall be incorporated into the City’s official fee I4 schedule for development-related services for the City of Carlsbad. The fee shall become 15 effective on July 1, 2000 and shall be reviewed on an annual basis. 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City 17 of Carlsbad held on the day of , 2000 by the following 18 vote, to witt: 19 AYES: ABSENT: 22 23 CLAUDE A. LEWIS, Mayor 24 ATTEST: 25 26 II LORRAINE M. WOOD, City Clerk 27 28 (SEAL) EXHIBIT 6 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING TITLE 11, CHAPTER 11.12 AND REENACTING CHAPTER 11.12 OF THE CARLSBAD MUNICIPAL CODE RELATING TO TREES AND SHRUBS WHEREAS, the City Council recognizes that trees contribute greatly to the health, safety, and general welfare to all of Carlsbad citizens and that the preservation and proper maintenance of trees is a matter of citywide concern; and WHEREAS, the City Council further recognizes that trees and shrubs improve the environment and provide great aesthetic benefits by moderating the climate; releasing oxygen; acting as filters against airborne pollutants; providing noise abatement; privacy screening; erosion control and harboring wildlife in an urban setting; and WHEREAS, the City Council has the authority to determine all aspects of the preservation and proper maintenance of public trees and shrubs; and WHEREAS, the City Council finds and determines that it is necessary to enact regulations prohibiting unnecessary damage to, removal of, or destruction of public trees and shrubs. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I. That existing Title 1 I, Chapter 11.12 of the Carlsbad Municipal Code is repealed. SECTION II. That Title 11, Chapter 11 .I2 of the Carlsbad Municipal Code is added to read as follows: Sections: 11.12.010 11.12.020 II .I 2.030 11.12.040 11.12.050 Chaoter 11.12 TREES AND SHRUBS . . . d Purpose and intent w Definitions Jurisdiction of public works department - Master tree list tr. .” pm v. Street tree planting and maintenance procedures 1 11.12.060 2 3 4 11.12.070 11.12.080 11.12.090 5 6 7 8 11.12.100 11.12.110 11.12.120 9 10 11.12.130 11 12 13 14 11.12.140 11.12.150 11.12.160 11.12.010 Purpose and intent. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The public interest and welfare require that the city establish, adopt and maintain a :omprehensive program for installing, maintaining and preserving trees within the city. This chapter establishes policies, regulations and specifications necessary to govern installation, maintenance and preservation of trees to beautify the city, to purify the air, o provide shade and wind protection, and to preserve trees with historic or unusual value. It is the policy of the city to line its streets with trees and to conduct a consistent and rdequate program for maintaining and preserving these trees. It is the goal of this policy to krovide for planting trees in all areas of the city and for selecting appropriate species to achieve IS much beauty and economy as possible. It is also the policy of the city to protect and Ireserve all desirable trees that are located on the city’s right-of-way. It is the policy of the city to encourage new tree planting on public and private lroperty and to cultivate a flourishing urban forest. 11 .I 2.020 Definitions. A. For purposes of this chapter the following words and phrases shall have the neanings respectively ascribed to them by this section, unless it is obvious from the context that lnother meaning is intended: 2 7. Approval prior to planting . . w. Street tree maintenance 5. Protection of trees w. Tree removal. w. Tree replacement * . n. Overhanging trees . . m. Uniform street planting map @. Community forest management plan Heritage trees Appeals Violation 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - -4. 1. “Certified Arbor&t” means an arborist certified by the International Society of Arboriculture. I 2. “Community Forest Management Plan” means a document that contains goals and policies that will guide the city in its actions and decisions affecting trees within the city limits. 3. “Hazardous Tree” means any tree or tree condition which represents a danger to persons, property or other healthy trees. 4. “Heritage Tree” means any tree existing within the city limits which has been so designated by resolution by the city council. Heritage trees shall be trees with notable historic interest or trees of an unusual species or size. 5. “Maintain” or “maintenance” means the entire care of trees including ground preparation, fertilizing, mulching, trimming and watering. 6. “Plant” means an herb that lacks a permanent woody stem. 7. “Shrub” means a low woody plant having several stems and a trunk less than three inches in diameter at a height less than four and half feet above the ground. 8. “Tree” means any perennial woody plant having a trunk at least three inches in diameter at a height four and one-half feet above the ground. This definition shall include any tree planted by or required to be planted by the city which will attain the stated size and maturity. 9. “Tree Service Life” means the number of years that the tree provides the most benefits with the least amount of costs. 10. “Valid Tree Site” means a tree site in that area of the public right of way where a tree can be planted. The requirement shall be one tree per residence or forty feet (40’) between trees for a large tree site, thirty feet (30’) for a medium tree site and twenty feet (20’) for a small tree site. All tree sites beneath a high voltage electrical line shall be considered a small tree site. Tree sites shall be planted with a large, medium or small tree listed and approved by the city. 11 .I 2.030 Jurisdiction off oublic works department. The Fc dots&me& city manager, acting through the public works director or his/her designee, shall exercise jurisdiction and control over the planting, maintenance, removal and replacement of trees, shrubs or plants in all streets, sidewalks, medians or other public rights of way of the city, and shall have such power, authority, jurisdiction and duties as are prescribed in this chapter. 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11.12.040 Master tree list. The city manager, acting through the public works director or his/her designee, shall develop and maintain a master tree list, which shall be adopted by resolution of the city council and shall be on file in the office of the city clerk. These documents shall specify the species of trees suitable and desirable for planting in certain areas in order to establish a wide ranging urban forest. 11 .I 2.050 Street tree plantinq and maintenance procedures. The city manager, acting. through the public works director or his/her designee, shall develop and implement policies and standards for street tree planting and maintenance and will incorporate these policies and standards into the city’s community forest management plan, which shall be adopted by resolution of the city council. 11 .12.060 Approval prior to olantinq. No tree, shrub or plant shall be planted in any street, sidewalk, median or other public right of way of the city until the city manager, m acting through the public works director or his/her designee, first approves the kind and variety, designates the location therefor and grants the permit for planting. The ci+managc:, c: Cl;r 11 .I 2.070 Street tree maintenance. It shall be the obligation of the city manager, acting through the public works director or his/her designee, to assign appropriate scheduled tree, shrub or plant maintenance, including but not limited to pruning, fertilization, irrigation and pest control based on age, species, size and location to assure the proper maintenance of all street trees, shrubs or plants. 11 .12.080 Protection of trees. A. No person shall remove, trim, prune or cut any street tree, shrub or plant now or hereafter growing in any street, sidewalk, median or other public right of way of the city, unless such work conforms with all city regulations and standards. These regulations and standards are kept on file in the office of the public works department. B. No person shall remove, injure or misuse any guard or device placed to protect any tree, shrub or plant now or hereafter growing in any street, sidewalk, median or other public right of way of the city. 4 1 C. No person shall hitch or fasten any kind of animal to any tree, shrub or plant now 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - or hereafter growing in any street, sidewalk, median or other public right of way of the city; ner nor shall any person place a post for hitching of animals within five feet of any tree, shrub or plant now or hereafter growing in any street, sidewalk, median or other public right of way of the city. D. No person shall willfully injure, disfigure or intentionally destroy by any means any tree, shrub or plant growing in any street, sidewalk, median or other public right of way of the city. E. No person shall: 1. Construct a concrete, asphalt, brick or gravel sidewalk, or otherwise fill up the ground area near any tree, shrub or plant growing in any street, sidewalk, median or other public right of way of the city, to shut off air, light or water from the roots, except under written authority from the city manager, acting through the public works director or his/her designee. 2. Place building material, equipment or other substances likely to cause injury to a tree near any tree, shrub or plant growing in any street, sidewalk, median or other public right of way of the city, which might cause injury to the tree. 3. Post any sign on any tree that is not scheduled for removal as described in section 11.12.090 of this chapter, tree-stake or guard, or fasten any electric wire, insulator or any other device for holding electric, telephone, television or conductor wires to any tree, shrub or plant now or hereafter growing in any street, sidewalk, median or other public right of way of the city. F. No person shall f3FetfeR(;$elapLBF interfere, or cause any other person to interfere, with employees of the : city, or contractors employed by the city, who are engaged in planting, pruning, cu+tiva%g, +p maintaining, treating, removing or replacing any street tree, shrub or plant F bc grewt~@ w or removing or replacing any material which is likely to cause injury to the tree, shrub or plant. G. No person shall plant any street tree, shrub or plant except according to policies, regulations and specifications established pursuant to this chapter or any currently applicable ordinances or code sections. 5 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - 11 .I 2.090 Permits required for tree removal. A. Policy. The city values trees as an important part of the environment and shall strive to preserve them whenever possible and feasible. When reviewing requests for a street tree removal permit, the city shall discourage removing desirable trees, and shall consider approving removal of desirable trees only as a last resort alternative for the applicant. B. Permits for Removal. Except as otherwise provided in this chapter, removing any street tree in the city shall require a permit issued by the city manager, acting through the public works director or his/her designee C. Review of the application to remove a tree shall proceed as follows: 1. A city arborist shall inspect the property and recommend approving or denying the application in a written report submitted to the city manager, acting through the public works director or his/her designee. 2. The city arborist may authorize a tree’s removal after finding either of the following circumstances: a. The tree is a hazard to life or property, and removing it is the only feasible way to eliminate the hazard; b. The tree is dead, dying, diseased or damaged beyond reclamation. 3. If the city arborist does not find either of the above circumstances for removing a tree, a priority rating depending on the following factors can be considered for a tree removal. a. b. Service life; Damage to utilities and/or sewer lines; C. Damage to hardscape; d. Conformity of the existing tree to recommended species list. The highest priority removal shall be given to trees meeting all four factors. The second priority will be given to trees meeting three factors, etc. 4. If the city arborist has recommended denying the application, the applicant may request the tree commission to review the arborist’s decision. 5. If the tree commission concurs with the city arborist’s recommendation to deny the application, the applicant may request the city council to review the matter for final action. 6 6 1 7 8 9 10 11 12 13 14 15 - D. All tree removal, whether by city or applicant, shall include the removal of the stump and the removal of all stump grinding chips and the backfilling of the hole created by stump removal with a good quality top soil suitable for the replanting of a replacement tree. E. Notification of Tree Removal. 1. The city shall post a letter of notification and a non-removable marking upon the subject tree a minimum of 30 days prior to its removal. The letter will be posted in a ’ prominent location, visible from a public street and will include, but not be limited to the following information: a. The location of the tree b. The reason for the tree’s removal; C. The date of the scheduled removal; d. The species of tree to be replanted; e. The size of the tree to be replanted; f. The date by which an appeal must be made to the tree commission. 9. A description of the appeal process. 2. The letter of notification shall also be given to the owner of the property where the tree is scheduled be removed, and to the adjacent property owners, as well as to the 16 property owners directly opposite and to the owners of the properties adjacent to the opposite 17 pwerty. 18 3. The city manager, acting through the public works director or his/her I9 designee, may waive notification requirements for a tree removal in either of the following 20 circumstances: 21 a. When the city manager, acting through the public works director or 22 23 24 25 26 27 28 his/her designee determines that a tree’s condition threatens public health, safety or welfare; b. When local, state or federal authorities have declared a state of emergency and a tree’s condition threatens public health, safety or welfare. F. No heritage tree shall be removed except if it is determined by a city arborist that such a tree is creating a hazard, or by formal appeals process. 11 .I 2.100 Tree replacement. A. It shall be the goal of the city to replace all removed street trees within 45 days of their removal if the tree site meets the minimum specifications for a valid tree site. 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - ? B. All removed trees shall be replaced with a tree of the same species as removed, except where the removed species does not conform to the recommended species approved by the city, or the conditions existing at the valid site. No tree shall be planted into the public right of way that does not comply with the uniform street planting map as described in section 11 .I 2.120 of this chapter. C. Trees that are touching or nearly touching high-voltage utility lines shall be replaced with a recommended species. D. All tree replanting shall be with a minimum 15-gallon container tree, except when a person agrees to pay the difference in cost of a larger replacement tree size and any additional costs associated with the planting of a larger tree. E. A person may request replacement of a street tree species specified in the uniform street planting map with another species only when there is a medical allergy certified by a medical doctor. The replacement tree will be approved by the city arborist and the city manager, acting through the public works director or his/her designee. All trees removed for this reason must be replaced with a tree listed as an approved species by the city. 11.12.1 IO Overhanqinq trees. The owner or his/her agent of every lot or parcel of land in the city upon which any trees, shrubs or plants are now or may be hereafter standing shall trim, or cause to be trimmed, the branches thereof so that the same shall not obstruct the adequate passage of light from any street light located in any street, sidewalk, median or other public right of way of the city and such owner or his/her agent shall trim all branches of any trees, shrubs or plants which overhang any street, sidewalk, median or other public right of way of the city so that there shall be a clear height of eight feet above the surface of the street, sidewalk, median or other public right of way of the city unobstructed by branches; and such owner or his/her agent shall remove from such trees, shrubs or plants all dead, decayed or broken limbs or branches that overhang such street, sidewalk, median or other public right of way of the city, and when any such trees, shrubs or plants are dead, such owner or his/her agent shall remove the same so that they shall not fall in the street, sidewalk, median or other public right of way of the city. 11.12.120 Uniform street olantinq mao. Upon the recommendation of the tree commission, the city council shall adopt a uniform street tree planting map that will depict a uniform method of tree plantings on city streets. The city manager, acting through the public works director or his/her designee, shall have copies of this 8 ’ ,* - - 1 map made and the same shall be kept on file in the office of the city clerk and may be obtained by 2 the public. The car or m,,,,;,r,,, or- h,r 3 -,' -Ia1 r-4 lnlFrrrm 4-+- s "I clucl 5 9 IO * . fccrc~*n ccx 11 g . . 12 I-+ - 13 cInuIn +-- A ,& hn 15 16 17 18 Upon the recommendation of the tree commission, the city council shall adopt a community forest management plan that provides direction to develop goals and policies that will 22 I guide the city to manage tree-related issues in a proactive manner. The plan will address trees 19 20 21 11.12.130 Communitv forest manaqement elan. 23 on public property and will discuss planting, removal, replacement, maintenance and the 24 preservation of trees that are growing in any street, sidewalk, median or other public right of way of the city. 25 26 When the management plan in its original or modified form is adopted by the city council, it shall become the tree planting plan for public streets of the city and shall be strictly adhered to in 27 all future street planting improvement projects and in the removal, replacement and maintenance 28 of trees, shrubs or plants in public streets in the city. The management plan for the entire city does not need to be adopted by the city council at one time. Instead, council may adopt the 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - community forest management plan for different portions of the city within a reasonable length of /I time after the completed plan for any particular portion of the city has been submitted to the city council for adoption. The city manager, acting through the public works director or his/her designee, shall have copies of this plan made and the same shall be kept on file in the office of the city clerk and may be obtained by the public. 11.12.140 Heritaqe trees. The city council recognizes the important role trees have played in the history and development of Carlsbad and recognizes that a wide variety of trees can grow in its unique and temperate climate. The city may officially designate as heritage trees those trees in the community which have significant historical or arboricultural interest. It is the policy of the city council that all designated heritage trees that are on public streets shall be protected. 11.12.150 Aooeals. A. Any person may request a formal appeal to the tree commission within thirty (30) calendar days of the posting of a city tree for: 1. the location or species of any street tree selected by the city for planting at a specific location; and/or 2. the city aborist’s recommendation for the removal of any non-hazardous street tree. B. Any person may request a formal appeal to the tree commission for: 1. the removal of a street tree which is not dead, dying or diseased; and/or 2. the removal of a street tree that is listed as a heritage tree; and/or 3. the removal of a street tree that is causing damage to hardscape or for the cause of routing underground or overhead utilities. 10 C. If the tree commission denies an applicants appeal, the applicant may request a final appeal to the city council within ten (10) calendar days of the commission’s decision. D. Fees for an appeal shall be determined by resolution of the city council. E. Appeals will be made by submitting a tree appeal form available from the office of the public works department. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 11.12.160 Violation. A. Any violation of this chapter is a misdemeanor subject to the provisions of Chapter I, Section 1.08.010 of this code. B. In addition to any criminal penalty, the city may, pursuant to Government Code section 36901, impose a civil penalty for any violation of this chapter in an amount not to exceed one thousand dollars. C. Nothing in this section shall prevent the city from bringing a civil action for monetary damages as an alternative to a criminal or civil penalty. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of ,2000, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2000, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY ?ONALD R. BALL, City Attorney 11 CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) - - EXHIBIT 8 ORDINANCE NO. 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 5 CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.36 OF CARLSBAD MUNICIPAL CODE PERTAINING TO THE DUTIES AND POWERS OF 6 THE PARKS AND RECREATION COMMISSION 7 II WHEREAS, the Parks and Recreation Commission have the power to adopt rules and 8 regulations pertaining to the cutting, trimming, pruning, planting, removal or interference with any ’ tree, shrub or plant upon any street; and IO 11 WHEREAS, the city council desires to create a Tree Commission to serve as an advisory board to the City Council on all matters related to street trees, shrub and plants; and 12 WHEREAS, the duties of the Parks and Recreation Commission needs to be amended to 13 reflect changes resulting of the creation of the Tree Commission. 14 NOW, THEREFORE, by the City Council of the City of Carlsbad does ordain as follows: 15 SECTION I: That Section 2.36.070 of the Carlsbad Municipal Code is amended to read 16 as follows: 17 “2.36.070 Duties. 18 The park and recreation commission shall have the power, and it shall be the duty of the 19 commission, to make recommendations to the city council and to advise the council in matters 20 pertaining to the creation, operation, maintenance, management and control of community 21 recreation programs, of playgrounds and indoor and outdoor recreations, activities and facilities. 22 Further, it shall be the duty of the commission to advise and make recommendations to the city 23 council of matters pertaining to planting, trimming, pruning, and care of all trees, shrubs or plants 24 and to the removal of all objectionable trees, shrubs and plants in and upon any park of the city. 25 Subject to further action of the city council, this section shall be in effect until July 1, 2003, 26 on which date it shall be automatically repealed.” 27 28 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION II: That Section 2.36.070A is added to the Carlsbad Municipal Code to read as follows: “2.36.070A [Operative July I,20031 Duties. The park and recreation commission shall have the power, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in matters pertaining to the creation, operation, maintenance, management and control of community recreation programs of playgrounds and indoor and outdoor recreations, activities and facilities. Further, it shall be the duty of the commission to advise and make recommendations to the city council of matters pertaining to planting, trimming, pruning, and care of all trees, shrubs or plants and to the removal of all objectionable trees, shrubs and plants in and upon any street, park, boulevard, alley or public place of the city. This section shall become operative on July 1, 2003, unless an ordinance that becomes effective on or before that date extends or deletes the repeal date of section 2.36.070.” SECTION III: That Section 2.36.080 of the Carlsbad Municipal Code is amended to read as follows. “2.36.080 Powers aenerally. The park and recreation commission shall have the power to equip, operate, supervise and maintain playgrounds, athletic fields, swimming pools, swimming centers, indoor recreation centers, auditoriums, or other park or recreational facilities on or in any public grounds or buildings in or about the city, which the commission may from time to time acquire, provide, authorize and designate for such use, subject to the approval of the city council. The commission shall further have the power to adopt rules and regulations pertaining to the cutting, trimming, pruning, planting, removal or interference with any tree, shrub, or plant upon any park of the city. Subject to further action of the city council, this section shall be in effect until July 1, 2003, on which date it shall be automatically repealed.” SECTION IV: That Section 2.36.080A is added to the Carlsbad Municipal Code to read as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - “2.36.080A [Operative July I, 20031 Powers qenerally. The parks and recreation commission shall have the power to equip, operate, supervise and maintain playgrounds, athletic fields, swimming pools, swimming centers, indoor recreation centers, auditoriums, or other park or recreational facilities on or in any public grounds or buildings in or about the city, which the commission may from time to time acquire, provide, authorize and designate for such use, subject to the approval of the city council. The commission shall further have the power to adopt rules and regulations pertaining to the cutting, trimming, pruning, planting, removal or interference with any tree, shrub, or plant upon any street, park, boulevard, alley or public place of the city. This section shall become operative on July 1, 2003, unless an ordinance that becomes effective on or before that date extends or deletes the repeal date of section 2.36.080.” EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of ,2000, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2000, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) I I . - - .- Carlsbad Citizens Committee on Tree Policy Carlsbad, CA 92008 Dear Members: * Copy of Letter Read and Delivered at Meeting dated 11/14/B I would like to make some suggestions related to your meeting last week. I arrived late and wanted to make some statements related to the tree policy, a copy of which I found on the rear table. My hand was raised, and citizens on the committee were asking questions which were answered in the written policy. However, discussion was not allowed although city employees in the audience had that privilege. After some time, I realized that most of you had just received the documentation. Much of what I wanted to say was covered by the meetings’ end with a few exceptions. First, I would like to suggest some changes to the tree policy that many of you also seem to favor. Residents should be able to plant in the right of way adjacent to roads and their property. Certainly, the majority of the magnificent trees and herbaceous species now under discussion were planted by residents. I agree with People for Trees advocating this practice. Furthermore, residents should be allowed to prune, water, fertilize, mulch and otherwise maintain these specimens. Most residents already do this well. Many also clean trash, debris and “biological” wastes in these areas, and have done so for many years. Community pride is a valuable resource to the tity and the current tree policy discourages this. If the resident wishes to waive their rights to this privilege, then a simple waiver form could accomplish that. Instead of mandatory waivers (current policy), perhaps waivers should be optional. Facultative waivers would give the citizens the rights they desire while saving the city money. Please empower us to maintain “OUT)’ trees. If city officials see neglected areas, they could then notify the resident immediately adjacent to the property, stating the problems and their suggested solution. The city could then impose the maintenance if the re.rz%&t does not mmpjv wi>hin a statedperdod. Examples cited (at the meeting) of neglected areas not fronting residential property (e.g. school and church frontage) should, perhaps, be considered separately. Not only do these examples support my contentions; they further emphasize that the city may not have resources to care for additional trees. That a city watering truck does not currently exist underscores this issue. Suggesting a watering truck to service these areas during your last meeting wins my support; particularly if they can use reclaimed water. Many citizens have informed me they believe the city seldom prunes trees properly and that “topping” done on many trees citywide should be reconsidered. Many of us want responsibility for these trees. Why not give us a chance? Many residents would like tree “rings” installed in areas with sidewalks. This could save specimens endangered by street improvements. As a member of the streets and sidewalks committee, I plan to advocate saving as many trees as possible. Coliform counts (E. co& bacteria) and other contaminants in the local lagoons reportedly exceed those limits established for clean water. Trees act as bioremediators. Tree removal on streets that drain into the lagoons, owing to “negligible impacts” is erroneous and should be reconsidered. My last suggestion is that your committee considers more native species in their possible list of approved street plants. Tee of Life IVunq’ in San Juan Capistrano is a wonderful source of specimens, information and advice on California native plants. Thank you for your time and consideration of these thoughts. We appreciate your efforts on our behalf Sincerely, ;+lblw c@f + (gyh$ L. L. Wi I33201 Ortega Highway, San Juan Captistrano, CA 92693 (949)728-0685