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HomeMy WebLinkAbout1995-01-16; Parks & Recreation Commission; 195-4; Citizen Request for tree removalsPARKS & RECREATION COMMISSION - AGENDA BILL TITLE: CITIZEN REQUEST REGARDING TREE REMOVALS (ACTION) RECOMMENDED ACTION: Consider citizen request and direct staff to facilitate the notification of Affected citizens prior to the removal of any significant City tree. Further, direct staff to insure that current department policy regarding the removal of significant street trees is adhered to, and that any controversial issues relating to tree removals be addressed to the Parks and Recreation Commission. ITEM EXPLANATION: As a result of the recent removal of several large eucalyptus trees on Washington Street, Mr. Pete Biltchik of Carlsbad is requesting that the Commission consider a formalized citizen review process prior to the removal of any significant City street trees (Exhibit 1). Due to the development of the North County Transit Center in the downtown Village area of Carlsbad, the project required the widening of Washington Street, immediately west of the ATS&F railroad tracks and north of Grand Avenue. As planned, specifications for the widening and installation of sidewalks to Washington Street resulted in a critical disruption to the root systems of the subject eucalyptus trees. Departmental staff was asked by the Engineering Department if the trees could possibly be saved. Seeking expert advice, staff consulted with a certified arborist. Based upon review by Jim Thompson, a certified consulting arborist with the International Society of Arboriculture (Exhibit 2), it was determined that damage to the root systems caused by the planned roadway and sidewalk construction would create an unsafe condition if the trees were to remain. In all likelihood the trees would have fallen down because of soil saturation and wind or would have otherwise succumbed to substantial root damage. Current Parks and Recreation Department Policy No. 31 states (in part). . . . Trees are to be removed if: A. They present a hazardous condition as determined by the Parks and Recreation Department that cannot be corrected by other maintenance actions (Exhibit 3). Based upon review by a certified arborist, City staff felt that the tree removal was justified. However, Mr. Pete Biltchik feels that the tree removal lacked appropriate citizen review. Although development projects such as the NCTD Transit Center are typically outside the purview of the Parks and Recreation Department and Commission, the project did in fact involve an extensive citizen review process (Exhibit 4). That review process did culminate at the City Council, and during the staff presentation, the issue relating to the tree removal was addressed. As part of the presentation, based upon citizen concerns, staff stated that every attempt to save the trees would be made. Unfortunately, due to a number of factors including emergency response vehicular accessibility and other public improvements, the project could not sustain a redesign that would allow the trees to exist in a safe condition. However, a replacement program for the tree removals will be implemented upon completion of the project development. 14 PAGE 2, AS it In any event, to the extent that the ordinance creating the Parks and Recreation Commission identifies one of its duties as making recommendations to the City Council on matters concerning the removal of objectionable trees in and upon any street (Exhibit 5), staff suggests that the Commission consider the attached recommendation and direct staff to ensure that any future controversial issues relating to tree removals be addressed to the Parks and Recreation Commission. EXHIBITS: 1. Letter from Josh L. Nordan, December 12, 1994 2. Letter from Jim Thompson, November 15, 1994 3. Parks and Recreation Department Policy No. 31 4. Public Review Summary Sheet 5. Carlsbad Municipal Code 2.36.070 Carlsbad Boulevard Hotel General Partnership C/O: Diversified Consulting Concepts, Inc. The Chamber Building 110 West "C" Street, Suite 1901 San Diego, CA. 92101 (619) 233-3255 Tel. (619) 233-3254 Fax December 12, 1994 Carlsbad City Council Parks and Recreation Commission 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Government Official: This letter is written in reference to the unilateral decision by the City to cut down certain mature eucalyptus trees near our property. We believe that eucalyptus trees are an important part of the landscape. In the future we strongly reques£,,thaL any decision to cut these trees be subject to a formalizedjjifevl'sw process. We believe the City would require private citizens be subject to such a review process. The City should be also. Looking forward to your reply. Sincerely yours, Carlsbad/Btfulevard Hotel, G.P. *"" Diversified Consulting Corp. Inc., General: Partner Josh L/ Nordan Vice-president CC p Cl\ cc/J **** to* i ^ sf J•* HU.V-15-94 TUE 16:3«»r. o 2 SINCE 1892 gutter's £tnf>loute Ginned Company Mr. Fred Burnell Tree Supervisor City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 Dear Mr. Burnell: On Tuesday, November 8, 1994 we met at the northwest corner of Washington Street and Christiansen Way. We inspected the eight (8) Eucalyptus tree running south to north. Tree If I, the furthermost southern, tree is an old stump with a few suckers. Trees #2, #3 & #4 are mature. Tree #5 was stumped with maturing suckers present. Trees H6 and #7 were previously topped. Tree #8 is mature. These trees are unsafe. Poor past pruning, lopping and/or stumping have caused great harm to the structural integrity of these trees. With planned roadway and sidewalk construction near these trees, the absorbing, structural and anchoring roots will be highly damaged. Due to the prior pruning damage and the planned soil excavation, I recommend that these trees be removed immediately due to the high target potential to people and property from the associated hazards of these trees. The clump of Eucalyptus trees at the southeast corner of Beech Avenue and Washington Street should be removed due to the same reasons as stated above. It is most unfortunate that these stately mature trees should be removed, but the safety of human life and property is utmost. S JT/jhb Jim Thompson #0740 ^ Certified Consulting Arborist Int'l Society of Arboriculture 18 (rwvulon) P.O. BOX 740069 . CA ?2I 74TO6? (619)263-«!S1 FAX <« 19) 262-3659 Our Pledge To You To facreajf Your ftotltt By Providing Product! A Service! Which Hstp You Worn Afore efficiently Ana fconom/co'ty iXHIBIT 2 * Parks and Recreation Department Policy No. 31 > STREET TREES It is the policy of the Parks and Recreation Department to provide safe, healthy thriving street trees for the citizens of Carlsbad. TRIMMING: C City trees are to be maintained to keep them in a safe, healthy, thriving condition. Any safety hazard or obstruction caused from, or created by a city tree will receive priority treatment. Citizen requests for trimming will first be reviewed by the parks tree supervisor and then scheduled as to the need for maintenance. Not all requests will be determined to require trimming. It is the goal of the Parks and Recreation Department to trim every tree on a 7 to 10 year turn around cycle. REMOVAL: The removal of city street trees follows the listed guidelines: 1. No tree is to be removed from any right of way area until Parks and Recreation Department approval is given. 2. Trees are to be removed if: a. They present a hazardous condition as determined by the Parks and Recreation Department that cannot be corrected by other maintenance actions. b. They are dead diseased or declining in health factors. c. They have caused damages to sewer lines - as validated by three (3) receipts or three (3) written statements from plumbing companies. This will also be verified by Sanitation Department staff. d. They have caused damages to sidewalks, curbs, gutter, driveways or utilities. EXHIBIT 3 19 TREE REPLACEMENT: 1. Trees that have been removed will be replaced upon request of resident or citizen. 2. Trees that are replaced are to be planted a minimum of 10' (feet) back from any curb, gutter and driveway and 5' (feet) back from sidewalk. The resident shall be responsible for the planting and care. 3. The tree will be 15 gallon in size and be supplied by the city. 4. Only approved trees from the street tree list will be allowed. ROOT PRUNING: 1. Evasive roots will be pruned when they are deemed to create a hazardous condition. *Parks staff will not prune trees growing within 5' (feet) of main trunk electrical lines of SDG&E. Staff will notify SDG&E of any needs for tree maintenance on or near high voltage lines. 20 January 10, 1995 TO: COMMUNITY SERVICES DEPARTMENT, SENIOR MANAGEMENT ANALYST FROM: HOUSING AND REDEVELOPMENT DEPARTMENT TREES REMOVED AS PART OF VILLAGE TRANSIT STATION PUBLIC IMPROVEMENTS As requested for the information of the Parks and Recreation Commission, the Housing and Redevelopment Department has prepared the following summary to outline the actions taken to review and approve the Village Transit Station Project. Specifically, the issue of removal of the Eucalyptus Trees on Washington Street is addressed within this summary. On February 20, 1990, the City of Carlsbad entered into an agreement with North County Transit District and the County of San Diego to build a Multimodal Transportation Center in the Village Area on Grand Avenue between Washington Street and the Alley (west of State Street). The Transportation Center includes a Commuter Rail Station (east side of railroad tracks) and Bus Transfer Station (on west side of railroad tracks) as well as public improvements to Washington Street and the subject Alley. City staff began meeting with North County Transit District and the County of San Diego early in 1991 to discuss issues related to the site plan for the proposed station and surrounding public improvements. In addition to a number of other issues, one issue which was discussed throughout project development was the Eucalyptus Trees on Washington Street. There was ongoing debate for nearly three years as to whether or not the Eucalyptus Trees would need to be removed in order to construct the necessary public improvements for the Station. Staff knew and understood the concern that would be expressed by the public regarding removal of the trees. Therefore, every effort was made to develop a solution which would prevent the removal of the trees. Unfortunately, in the end, it was necessary to remove the trees. As stated, issues related to site planning for the new Station were discussed and debated in numerous internal staff meetings, several presentations to the Village Merchants/Business Association, public meetings of the Project Management Team, public meetings of the Village Master Plan Advisory Committee, a public workshop, and public presentations/hearings before the Carlsbad City Council. Specifically, the following informational presentations were made to review the plans for the Station and obtain public input: • October 18, 1993 - A workshop was held to present the site plan to the public and address issues or concerns. All property owners within 600 feet of the Station site received a notice of this workshop and a notice was published in the newspaper. Approximately 25-30 people attended the workshop. 21 EXHIBIT 4 • October 26, 1993 - A formal presentation of the site plan for the Station was presented to the City Council during a public meeting. The Council accepted comments at that time on issues related to construction of the Station and related improvements. • November 2, 1993 - The site plan for the Station was presented again to the City Council for final approval. The issue related to the Eucalyptus Trees was discussed and a condition was placed on the approving resolution which indicated that NCTD and the County must work with the City and make every effort to save the existing Eucalyptus Trees through redesign of the street improvements on Washington or through some other effort. In addition to the public being able to comment on the proposed plans for the new station during the meetings noted above, staff supported efforts to save the Eucalyptus Trees on Washington. Unfortunately, due to the required widths of the roadway and the bus platform, it was simply not possible to preserve the trees. The roadways were already designed at minimum widths. So, it was not possible to construct sidewalks and/or curbs around them. Most of the Eucalyptus Trees in question were well within the proposed roadway or on the curbline. Based on the opinions of the landscape architect for the project as well as a certified arborist hired by the City, the amount of construction and cut required within the trees dripline would have resulted in tree failure. In addition, the arborist found that "poor past pruning, topping and/or stumping caused great harm to the structural integrity of these trees." The arborist recommended immediate removal of the trees due to the "high target potential to people and property from the associated hazards of these trees." In summary, staff believes that every effort was made to try to save the Eucalyptus Trees on Washington and still construct the minimum street improvements required for the new Station. Staff was as disappointed as the general public that the trees were not as healthy as we assumed and ultimately could not be preserved. Staff also believes that adequate opportunity was provided for public input into the process. DEBBIE FOUNTAIN Senior Management Analyst c: Housing and Redevelopment Director 22 2.36.010 Chapter 236 PARK AND RECREATION COMMISSION Sections: 236.010 Created. 2.36.020 Membership—Terms— Vacancies. 2.36.030 Compensation of members. 236.040 Chairman. 236.060 Meetings. 236.070 Duties. 236.080 Powers generally. 236.090 Funds—Disposition of moneys. 236.100 Budget. 236.110 Powers delegated to commission to be advisory. 236.010 Created. A park and recreation commission for the city is created. (Ord. 1025 § 1) 236.020 Membership—Terms—Vacancies. The park and recreation commission shall consist of seven members, who may be persons who hold an office or a position with the city; provided, however, that the number of members of such commission who are not officials of the city shall exceed the number of members who may be officers or employees of such city. Mem- bers are to be appointed by the mayor and shall be approved by the city council. Of the members of the commission first appointed hereunder, one shall be for a term of four years, two shall be for a term of three years, two shall be for a term of two years and two shall be appointed for a term of one year. Their successors shall be appointed for the terms of four years. If vacancies shall occur otherwise than by expiration of the term, they shall be filled in the same fashion as the original members were appointed. (Ord. 1025 § 2) 236.030 Compensation of members. The park and recreation commission shall act as such without any compensation. (Ord. 1025 § 6) 236.040 Chairman. The appointed members of the park and recre- ation commission shall elect their own chairman, who shall preside at all meetings. The chairman, as elected by the commission, shall hold office for a term of one year from and after his date of election. Thereafter, successive elec- tions shall elect a new chairman at each succeed- ing year. One chairman may serve for more than one successive term. (Ord. 1025 § 3) 236.060 Meetings.* The park and recreation commission shall meet at such time or times as the members may in their discretion see fit; provided, that such meetings be held at least once each month. The majority of the appointed members shall con- stitute a quorum for the purpose of transacting the business of the commission. (Ord. 1025 § 4) "As to attendance or city manager at commission meetings, see Section 2.12.125. 236.070 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, mainte- nance, management and control of community recreation programs, of playgrounds and indoor and outdoor recreations, activities and facilities. Further, it shah" be the duty of the commission to advise and make recommendations to the city council of matters pertaining to planting, trim- ming, 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, pleasure ground, boulevard, alley or public place of the city. (Ord. 1025 § 7) 58-1 EXHIBIT 5 23