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