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Home My WebLink About2011-10-11; City Council; 20712; CITIZEN PRESENTATION TREE REMOVALCITY OF CARLSBAD - AGENDA BILL 24 AB# MTG. DEPT. CM 20,712 10-11-11 CITIZEN PRESENTATION REGARDING STREET TREE REMOVAL DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: To receive a presentation from lla Schmidt regarding street tree removal. ITEM EXPLANATION: The City Council provides an opportunity for citizens and organizations to have an item placed on a City Council Agenda by submitting a request to the City Manager. Attached is a request from lla Schmidt (Exhibit 1) requesting that the City Council receive a presentation relating to the removal of street trees. Additional information is provided in the attached memorandum. (Exhibit 2.) ENVIRONMENTAL IMPACT: Pursuant to Section 15061 of the CEQA Guidelines, the activity is covered by the General Rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. FISCAL IMPACT: None. EXHIBIT: 1. Letter from lla Schmidt. 2. City Attorney Memorandum DEPARTMENT CONTACT: Sheila Cobian (760) 434-2959, sheila.cobian@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED D DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D COUNCIL RECEIVED THE REPORT/PRESENTATON Ms. lia J. Schmidt 1650 Chestnut Ave. Carlsbad, CA 92008 760-729-7402 760-845-6974 (C) igerber@roadrunner.com June 21, 2011 Ms. Lisa Hildabrand City Manager City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 RE: Decision of City of Carlsbad to remove 3 Ficus Trees located at 3110-3130 Jefferson Street Dear Ms. Hildabrand: I am writing this letter to formally request that the above-mentioned decision be placed on the agenda at a future regular City Council meeting for further discussion. I have filed an appeal of this decision with the Parks & Recreation Commission which is scheduled for September, 2011. I have a number of unanswered questions that I would like to have answered before this meeting occurs. Hopefully, this issue can be scheduled as an agenda item at the 7/26/11 or 8/23/11 council session. I hope to hear from you soon. Thank you. Cordially, Ha J. Schmidt Hand delivered on the above date. cc: Ms. Barbara Henry, North County Times CITY OF Exhibit2 CARLSBAD Octobers, 2011 To: MAYOR AND CITY COUNCIL From: CITY ATTORNEY Re: CITIZEN PRESENTATION REGARDING STREET TREE REMOVAL On June 21, 2011 Ms. lla Schmidt requested an opportunity to formally address the City Council regarding the removal of three ficus trees in the 3100 block of Jefferson Street. This memorandum provides the background information related to Ms. Schmidt's request and Council's decision to avoid future liability by removing the trees. On December 28, 2010 the City received a claim for damages to a sewer lateral caused by the encroaching roots of City-owned trees at 3110-3130 Jefferson Street, Carlsbad. Attorney Kevin McCann filed the claim on behalf of Larry and Cathie Hatter, Trustees of the Larry W. Hatter and Cathleen E. Hatter 1986 Trust which owns the real property at 3110-3130 Jefferson Street. The property consists of a number of residential units and is connected to the City's sewer system. It was discovered that the sewer laterals were severely clogged and damaged due to the intrusion of tree roots from the three very large ficus trees owned by the City and in the landscape strip between the Hatter's property and the street. The Hatter's retained expert suggested two methods to repair the lateral. The first option consisted of excavating and removal of the existing clay sewer pipes and to replace them with a contemporary plastic pipe. The second, and more economical alternative was to auger the existing pipe to cut and remove the roots, to "pothole" in a few spots along the run of the pipe, and then coat the inside of the existing pipe with epoxy resin. The Hatter's received and submitted a $36,870 estimate from Arrow Pipeline Repair to repair their property. In response to the claim, the city had the sewer lateral videoed to determine the degree of root intrusion into the lateral. City staff reviewed the video and determined that the root intrusion occurred at nearly every joint with the heaviest concentration of roots closest to the street where the trees are located. Ficus trees are commonly known to be highly root-invasive and are not on the City's approved tree species list. Laterals here and throughout this area are clay and vulnerable to root invasion. Staff determined that the estimate of $36,870 ($97/ft.) was reasonable and recommended the second alternative (coating the existing pipe with epoxy resin) for the repair of the lateral. City Attorney 1200 Carlsbad Village Drive Carlsbad, CA 92008 760-434-2891 I 760-434-8367 fax www.carlsbadca.gov Page 2 On March 22, 2011 this matter was heard in closed session under the authority of California Government Code section 54956.9(b)(3)(c) (significant exposure to litigation). The City Council decided to pay $36,870 to settle the claim and directed that the three ficus trees were to be removed unless the property owners wanted the trees to remain and agreed to indemnify the City against future damage to sewer laterals caused by these trees. If the property owners refused to indemnify the City, staff was asked to affirm the property owners' intent for the City to remove the trees. The Hatters did not agree to indemnify the city for future damage to sewer laterals caused by these ficus trees and Attorney McCann affirmed the property owners' support for the City to remove the trees. In two separate e-mails, Mr. McCann reiterated the Hatter's support for the removal of these trees. (Exhibit A.) The owners notified their tenants that the City would be removing these trees and why. Shortly thereafter, City staff posted, on each tree, a "generic" removal notice. The notice stated the reason for the removal "tree roots are significantly obstructing sewer laterals servicing this property" and stated that if you have any questions regarding the pending removal contract the Parks and Trees Maintenance Division. The notice also stated that "if you disagree with the decision to remove the subject trees, you may file an appeal of that decision to the Parks and Recreation Commission..." by June 3, 2011 and cited Carlsbad Municipal Code (CMC) Chapter 11.12 [Tree and Shrubs]. On June 2, 2011 Ms. lla Schmidt filed her appeal to the pending tree removal. In her notice of appeal she stated: I wasn't privy to the city staff's decision because it was held in closed session. However, I feel that the work done by Arrow should sufficiently prevent further root invasion into the laterals on the claimant's property & it is therefore, unnecessary to remove the trees. I will back all of this up with lots of additional information at the time of the hearing appeal date. The appeal was calendared to be heard by the Park and Recreation Commission on September 19, 2011. Carlsbad Municipal Code section 11.12.090 requires a permit for tree removal and maintenance. Specifically it states, "[e]xcept as otherwise provided in this chapter, pruning, cutting, trimming or removing any street tree in the city shall require a permit issued by the city manager, acting through the parks and recreation director or his/her designee." Chapter 11.12, including the appeal process set forth in section 11.12.150 does not address nor does it provide a basis to challenge the decision of the City Council when it is exercising its discretion in resolving a civil claim for damages against the City. The decision to remove the trees was not based on a permit application issued by the city Page 3 manager, acting through the park and recreation director or his/her designee (collectively City Manager). Therefore, there was no action taken by the City Manager that is capable of being appealed first to the Park and Recreation Commission or subsequently, to the City Council. Simply stated, the Park and Recreation Commission does not have the jurisdiction to reverse, recommend or comment on the City Council's decision to order the removal of the ficus trees. Therefore, it was appropriate that Ms. Schmidt's appeal be removed from the Park and Recreation Commission's September 19th agenda and that she be refunded her filing fee. She was advised that her sole remedy was to express her concerns directly to the City Council either in writing or by way of a presentation. Should you have any questions regarding the above, please do not hesitate to contact me. PAUL G. EDMONSON Assistant City Attorney Attachment: Exhibit A - Emails from Attorney McCann c: City Clerk City Manager 5 Kyle Lancaster From: Erin Letsch Sent: Monday, June 06, 201 1 8:28 AM To: Chris Hazeltine; Kyle Lancaster Cc: Charles McBride Subject: FW: Jefferson St. Trees From: Kevin McCann I ... ___ Sent- Tuesday, May 31, 2011 11:18 AM To: Erin Letsch Cc: Larry Hatter Subject: Jefferson St. Trees Hi, Erin. I understand that there may be at least one person who may appeal the Council's decision to remove the large trees in front of the Hatter's Jefferson St. apartment property I also understand that a newspaper reporter may have shown an interest in this issue. The Hatters are out of the State at this time, but are expected to return this coming Friday. They have not been contacted by any news agency about the trees, but if they are, they plan to state their own feelings - that is, that they are grateful that the City is willing to remove and replace these trees because they have caused, and may be expected to continue to cause so much damage to the property's pipelines and plumbing system. Thank you, Kevin McCann Kevin E. McCann Law Offices of Kevin E. McCann APC McCann & Carroll EXHIBIT 4 Kyle Lancaster From: Erin Letsch Sent: Wednesday, June 15, 2011 9:39 AM To: Kevin McCann Cc: Ron Ball; Paul Edmonson; Charles McBride; Chris HazeHine; Kyle Lancaster Subject: RE: Jefferson St. Strees Thank you for this update, and I will ask our Streets Division to inspect the sidewalk for any repairs needed. Erin From: Kevin McCann, ., _ Sent: Wednesday, June 15,2011 9:25 AM To: Erin Letsch Cc: Larry Hatter Subject: Jefferson St. Strees Ms. Letsch, this morning I received an unsolicited telephone call from Isla Schmidt, who identified herself as the appellant of the City's decision to remove the 3 trees in front of the Hatter property. She was calling to verify that the problem with the trees was now solved. I explained that the City ha paid to have the clay tile lines scoured and epoxy-coated to prevent new root-hair growth, but that m clients still wished to have the trees removed because of their disproportionate size and root characteristics which would predictably (1) cause continued sidewalk lift, posing a trip-and-fall risk to pedestrians and increase the homeowner's premises liability; (2) crush or crack clay pipes wrapped by or adjacent to the fast growing and very large roots; and (3) dwarf and over-shadow the adjacent homes. Though she began politely, Ms. Schmidt was increasingly hostile and argumentative as I tried to explain these concerns. She repeatedly tried to overspeak me instead of listening to my answer to her questions, and when I asked her to please let me speak she said, "this conversation is over". The Hatter's concerns are unchanged. They would like the trees to be removed and replaced with more appropporiate ones. Thank you, Kevin McCann Kevin E. McCann Law Offices of Kevin E. McCann ARC McCann & Carroll Kira From- Don Christiansen <donchristiansen@pacbell.net> A » itmm Sent-' Tuesday, October 11, 2011 1:25 PM AgOWiWem To: ' Council Internet Email For the members of th« Cc: Manager Internet Email; Ron Ball CITY COUNCIL Subject: Citizen comment: Ficus trees on Jefferson ACM^DCM '""CA "^CC Good Afternoon! I just read that the proposed removal of three ficus trees on Jefferson is on tonight's Council meeting agenda. Since I will not be able to attend here are my comments, some based on personal experience. It is my understanding that the old sewer line was clay pipe, which is notorious for easily allowing root intrusion. It is also my understanding that the clay pipe was replaced with plastic PVC pipe, which should fix the problem. IF not, a monthly or bi-monthly application application of a root killer simply flushed down a toilet of the subject property will control root intrusion. Our home had sewer pipe root intrusion from a ficus tree. We started applying "ROEBIC FOAMING Root Killer" on a monthly basis over 18 months ago, and have not had a sewer problem since then. I was looking at the ficus trees on Grand earlier today and crossed paths with a friend that was having lunch at the Grand Cafe in the Village. He told me THE reason he came to the Village for lunch was because of the character/charm/shade of the ficus trees. If the ficus trees weren't there he would go to the Oceanside Harbor. $36,870 has been paid by we citizens to fix a problem. Let's not pay another price by incurring the expense of cutting down 3 beautiful old trees and reducing the character, charm, and shade of our Village area. Sincerely, Don Christiansen 3715 Long view Drive Carlsbad, CA 92010 760-802-0552 PS It is also my understanding that Carlsbad does not have a view ordinance so "dwarf and overshadow the adjacent homes" should not be an issue. Date: Distribution: City Clerk J±L Asst. City Clerk Deputy Clerk Book APPEAL TO PARKS & RECREATION COMMISSION Subject of Appeal: TREE REMOVAL/TREE PLANTING In accordance with the appeals procedure as, authorized by Title 11, Chapter 11.12 of the Carlsbad Municipal Code, the undersigned hereby appeals from the decision of City staff rendered on /i IfttfC^H £^ » 20 // , which decision consisted of the following (i.e. set forth factual situation and the grounds for submitting this appeal): BE SPECIFIC How did the decision maker error? What about the decision is inconsistent with local laws, plans or policy? (Use additional sheets as needed). ± f H k CVQ-T cJAum-n4 b P\rf S op 1 I ]'r n/vcThe undersigned discussed the decision being appealed with: /] /^'^'''"f/5- Pf*-" I x-i / . D a A] ft v-l- i fwccJr' (on Official Use Only DATE & TIME APPEAL RECEIVED: Cal Orig Cop; nal to to: CibL dfck Appellant: NAME (please print) ADDRESS ft PHONE NO. z DATE The appeal fee is $120.00 per appellant. This fee is reimbursed to appellant if the Parks & Recreation Commission grants appeal. Please mail this form, along with fee, to the City Clerk's Office at 1200 Carlsbad Village Drive, Carlsbad, California 92008-1989. CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008 Cashier: (760) 602-2401 Water Utility Billing: (760) 602-2420 REC'D FROM ~C f\DATE ACCOUNT NO. oof- oaoo~?>&~ju. ^g Printed on recycled paper. DESCRIPTION NOT VALID UNLESS VALIDATED BY TOTAL CASH REGISTER AMOUNT >/ao /do — City of Carlsbad Faraday Center Faraday Cashiering 001 1115701-2 06/06/2011 98 Mon, Jun 06, 2011 01:02 PM Receipt Ref Nbr: R1115701-2/0008 HISC - MISC FINANCIAL Iran Ref Nbr; 111570102 0008 0008 Name: SCHMIDT, ILA Amount: 1 I $120.00 Item Subtotal: $120.00 Item Total: $120.00 1 ITEM(S) TOTAL: $120,00 Check (Chk# 0435) $120.00 Total Received: $120.00 Have a nice day! **************CUSTOMER COPY************* Karen Kundtz From: Kyle Lancaster Sent: Wednesday, October 12, 2011 5:36 PM To: Chris Hazeltine; Charles McBride Cc: Karen Kundtz Subject: RE: REFUND FOR ILA Thank you; I had a phone message into Karen K. on that item. I'm glad it's been addressed already. -Kyle From: Chris Hazeltine Sent: Wednesday, October 12, 2011 5:32 PM To: Charles McBride Cc: Kyle Lancaster Subject: RE: REFUND FOR ILA Great; thanks! From: Charles McBride Sent: Wednesday, October 12, 2011 5:18 PM To: Chris Hazeltine Subject: REFUND FOR ILA Hey, Chris, We processed the refund for lla Shmidt. Sounded like that was a concern for CM Blackburn, last night. Thanks, Chuck CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov P: 760-602-2430 F: 760-602-8553 E: chuck.mcbride@carlsbadca.gov Citizen Presentation Regarding City Council’s Decision to Remove Street Trees Related to the Settlement of a Claim Against the City City Council MeetingOctober 11, 2011 2Vicinity of 3110‐30 Jefferson Street Three Street Trees in Front of 3110‐30 Jefferson StreetNorthern OrientationSouthern Orientation3 Sample Replacement Street Trees in Front of 3110‐30 Jefferson Street4