HomeMy WebLinkAbout1996-09-16; Parks & Recreation Commission; 996-5; Request for trees removalAB# 996-5
MTG 09-16-96
-^PT.CSD
TITLE: REQUEST FOR TREES(S) REMOVAL/
3280 DONNA DRIVE. (ACTION)
PARKS & RECREATION COMMISSION - AGENDA BILL
RECOMMENDED ACTION:
If the Commission concurs, recommend the removal of three (3) trees on City right-of-way at
3280 Donna Drive prior to the implementation of a street overlay and curb and gutter
replacement program.
ITEM EXPLANATION:
Department staff was recently contacted by representatives of the Engineering Department
seeking assistance with the removal of three (3) ficus trees located within the City right-of-way
(R.O.W.) at 3280 Donna Drive. £-> ' c-c ' -^ >^' ' -y '
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In the spring of 1997, the Engineering Department will be implementing a street overlay process
on Donna Drive, which will include replacement of curb and gutter. Engineering Department
staff have inventoried several trees along Donna Drive within the City row and identified root
problems associated with the uplifting of the adjacent curb, gutter and roadway surface.
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In a memo dated August 28, 1996, (Exhibit 1) Associate Engineer, Scott Schedell summarizes
the situation which necessitates a recommendation from the Parks and Recreation Commission.
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Chapter 2.36 of the Carlsbad Municipal Code (Exhibit 2) identifies in part, the duties of the Park
..id Recreation Commission as they relate to 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, pleasure ground, boulevard, alley or public place of the City.
Attached for the Commission's review is the existing City Council Policy Statement (Exhibit 3)
and the Departmental policy relating to street trees (Exhibit 4). More specifically, each policy
identifies issues related to tree removal, replacement, trimming, etc. Also attached as Exhibit 5
is (in part) Chapter 11.12 of the Carlsbad Municipal Code. Specifically, Section 11.12.010
identifies the jurisdiction of the Park and Recreation Department in the planting, maintenance,
care and removal of trees. Section 1 1 .12.020 specifically identifies the need for approval prior to
planting trees in any of the streets or other public highways. , ., 1
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In summary, although the Engineering Department has received approval to remove and replace
other trees affecting the overlay process from the adjoining neighbors, the residents at 3280
Donna Drive are understandably in disagreement with a staff recommendation to remove the
three (3) subject trees. However, based upon a recommendation of the Park Superintendent, the
City's Landscape Consultant, the Community Services Department and Engineering Department,
staff is recommending the removal of these trees as part of the street overlay program for the
following reasons. Alp>(/v. U. -, : f -. MVKM-uW -.-.
1 . The severe root pruning required to facilitate new curb and gutter may cause the tree
to die.
2. The severe root pruning would render the tree subject to collapse during periods of
wet and windy weather and thereby create an unsafe condition.
3. If the tree did survive after severe root pruning, the regrowth of the root surface would
cause curb and gutter uplifting and subsequent replacement in future years.
4. Future plans for sidewalk construction along Donna Drive will require tree removal at a
— future date.
5. The City will replace the removed trees with 24" box trees of the resident's choice from
a list of approved replacement species.
FISCAL IMPACT:
The cost of tree removal will be incorporated within the overall contact of the street overlay
project. If the trees are recommended to not be removed, future curb and gutter replacement
costs could range between $5,000 -10,000 est. Any liability cost associated with damage which
could result from fallen trees cannot be projected or assumed.
EXHIBITS:
1. Memo from Associate Engineer (Scott Schedell)
2. Carlsbad Municipal Code - Section 2.36.070
3. Carlsbad City Council Policy Statement No. 4
4. Parks and Recreation Department Policy No. 31
5. Carlsbad Municipal Code - Section 11.12.010 and 11.12.020
6. -Letterfrom Scott Schedell to Mary Wood, 3280 Donna Drive
22
August 28, 1996
TO: SENIOR MANAGEMENT ANALYST- BEVERLY
FROM: Associate Engineer
TREES AT 3280 DONNA DRIVE
The City will be constructing an A.C. overlay on Donna Drive from Janis Way to Carlsbad Village Drive
in late spring/early summer 1997. Before constructing the overlay, all damaged curb and gutter in the
overlay area will be removed and replaced.
At 3280 Donna Drive, approximately 100 LF of curb and gutter must be replaced because of damage
from tree roots. The trees causing the damage are 1.5' - 2' in diameter and approximately 3' from the
back of the curb. (The street easement extends 9.5' from back of curb). I have met with Mr. & Mrs.
Wood, the owners and residents of 3280 Donna Drive, and they emphatically do not want the trees to
be removed. It is my recommendation that the trees be removed because of the following reasons:
1. The City replaced curb and gutter in this area approximately 8 years ago. The replaced curb
and gutter has since been uplifted by the trees.
2. The tees may not survive if the roots are extensively trimmed to prevent them from damaging
the new curb and gutter and A.C. paving. (Please see my memo to Fred Bumell and his
response, attached). Fifteen years is the expected service life of an A.C. overlay and the roots
should be trimmed extensively enough to prevent them from growing into the street for 15 years.
3. This area of Donna Drive is number 64 on the City's Sidewalk Priority List which means that
sidewalk will eventually be constructed. Standard sidewalk is 5' wide and abuts the back of the
curb. The location of the trees puts them in the middle of the future sidewalk. Trying to locate
the sidewalk behind the trees would require an additional easement from the owners and would
be more expensive to construct than standard sidewalk because of the slope behind the trees.
If the trees must be removed to construct sidewalk, it makes sense to do it now. In 10 years, the
trees will be that much bigger and the owners that much more attached to them. If the trees are
removed now, I will include the planting of 24" boxed trees with the curb and gutter replacement
contract. These new trees (from the City's approved list) do not have destructive roots and can
be planted outside of the street right-of-way.
Additionally, I spoke to Larry Black, the City's Landscape Consultant, and he concurs that this species
of tree should not be planted adjacent to a street. He has not seen the trees but agrees they should be
removed.
I am requesting that you view the subject location and trees. If you agree with my recommendation
please schedule a hearing on the issue with the Parks and Recreation Commission.
SCOTT SCHEDELL
SS:acw
Attachments
23 EXHIBIT 1
Q:\LIBRARYVENG\WORDVSCHEDELLU280 Donna Driv* Trees Memo to Beveriy.doc
August 14, 1996
TO: TREE SUPERVISOR, BURNELL
FROM: Associate Engineer
TREE ROOT DAMAGE AT 3280 DONNA DRIVE
There are three (3) trees in the street easement at the subject address that are damaging curb
and gutter and A.C. pavement. Please provide me with the following information:
1. The type of trees and approximate age.
2. If the tree roots are cut vertically with the trunk of the tree, will the tree survive?
3. If the roots are cut and removed to a depth of three feet, and a bio barrier is
installed between the tree and the curb, how long before the roots will grow
back and damage the street improvements?
As I stated to you on the phone, this area will eventually have sidewalk and it makes sense to
remove the trees now especially if the roots are going to grow back and damage newly
constructed cub and gutter and A.C. paving.
I want to include the information I requested from you in my memo to Keith Beverly.
SCOTT SCHEDELL
SS:acw
RECEIVED
August 26, 1996
AUG 2 7 1995
ENGINEERINGTO: ASSOCIATE ENGINEER, SCHEDELL DEPARTMENT
FROM: Tree Supervisor
TREES AT 3280 DONNA DRIVE
1. Ficus microcarpa nitida, approximately 25 years old.
2. Vertical cuts close to the trunk of the trees could kill the trees. It would also
create an unstable root system that could result in the trees falling.
3. Root pruning to a depth of three feet would definitely create an unstable root
system that could result in the trees falling.
Our application of the bio barrier system has not involved street trees with a
limited work area. The root pruning was performed approximately a foot below
grade and ten to fifteen feet from the trunk of the tree. One of these applications
was completed approximately five years ago and no root problems have
surfaced to date.
I hope this information is helpful. If I can be of further assistance please contact
me at 434-2985
FRED BURNELL
Tree Maintenance Supervisor
2.36.010
Chapter236
PARK AND RECREATION COMMISSION
Sections:
236.010 Created.
2.36.020 Membership—Terms—
Vacancies.
236.030 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 of city manager at commission meetings, see
Section 2.12.125.
J23JS.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 shall be the duty of the commission to
advise ancf 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 2
tl I Y UK CARLSBAD
COUNCIL POLICY STATEMENT
eneral Subject: Streets
pecific Subject: Street Trees
Policy No. 4
Date Issued 10-20-70
Effective Date 10-20-70
Cancel 1ation Date
Supersedes No.
opies to City Council, City Manager, City Attorney, Department
Division Heads, Employee Bulletin Boards, Press, File
and
PURPOSE:
To state City policy regarding removal
trees.
STATEMENT OF POLICY:
and replacement of street
The City will make every effort to trim and spray street trees
according to a regular schedule within the limits of available
manpower.
Dangerous street trees will be removed and replaced as expedi-
tiously as possible. Dead trees will be removed and replaced,
as work schedules permit, as will trees that are damaging side-
walks, curbs and gutters.
Replacement street trees will be of the same species as those
removed unless another species of street tree is designated on
the master street tree plan.
Individuals or neighborhoods may request replacement of street
trees by another species due to excess leaf drop, blockage of
view, medical allergies (a doctor's certification may be re-
quested where allergies are cited) or other good and sufficient
reasons. In these cases the individual or neighborhood must bear
the cost of removal and replacement since no general public in-
terest is served. Except where allergies are indicated, the re-
placement trees must be uniform and of an improved species unless
otherwise approved by the Parks and Recreation Commission.
Any citizen or neighborhood may appeal to the Parks and Recrea-
tion Commission and subsequently to the City Council regarding a
staff decision on street trees. However, official City policy
is to discourage removal of existing street trees simply on the
basis of individual or group preference between species of trees.
27 EXHIBIT 3
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:
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.
28 EXHIBIT 4
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.
11.12.010
Chapter 11.12
TREES AND SHRUBS
Sections:
11.12.010 Jurisdiction of park and
recreation department.
11.12.020 Approval prior to planting.
11.12.030 Permit to remove—Cost of
removal.
11.12.040 Fastening animals to trees.
11.12.050 Removal of guards and devices
protecting trees.
11.12.060 Attachment of electrical devices
to trees—Trimming for passage
of wires.
11.12.070 Permit to trim—Trimming
practices.
11.12.080 Space to be kept clear around
base of trees.
11.12.090 Safeguarding of trees during
building construction or repair.
11.12.100 Overhanging trees.
11.12.110 Interference with city
employees.
11.12.120 Notification of trees damaging
public sidewalks.
11.12.130 Uniform street planting map.
11.12.010 Jurisdiction of park and
recreation department.
The community services department shall exercise
jurisdiction and control over the planting, mainte-
nance, care and removal of trees, palms, shrubs or
plants in all streets or other public highways of the
city, and shall have such power, authority, jurisdic-
tion and duties as are prescribed in this chapter.
(Ord. NS-286 § 3 (part), 1994; Ord. 1060A § 2)
11.12.020 Approval prior to planting.
No tree, palm, shrub or plant shall be planted in
any of the streets or other public highways of the
city until the city manager, or his appointee, shall
have first approved the kind and variety, designated
the location therefor and granted the permit for
planting the same, the city manager, or his appoint-
ee, shall not permit the planting of any kind or
variety of tree, palm, shrub or plant in any of the
streets or other public highways which would ulti-
mately obstruct the view of a view lot. (Ord. 1071
§ 1: Ord. 1060A § 3)
11.12.030 Permit to remove—Cost of
removal.
No person shall, without a permit from the city
manager or his appointee, remove, destroy, break,
cut, trim, deface or in any other way injure or inter-
fere with any tree, palm, shrub or plant or endanger
the life of any such tree, palm, shrub or plant that
is now or may hereafter be growing in any street or
other public highway of the city.
Such permit shall specifically describe the work
to be done thereunder, and such permit shall be void
after thirty days from the date of issuance. Upon
filing of a written request, an extension of this time
up to sixty days may be granted by the city manager
or his appointee.
The cost of removal of any tree, palm, shrub or
plant at the request of and for the benefit or conve-
nience of a property owner shall be paid for by such
property owner.
Where an existing tree, palm or shrub prevents
access to a building site, such tree or plant may be
removed at the applicant's expense upon issuance
of proper removal permit from the city manager or
his appointee; provided, that a valid building permit
has been issued for the construction of the improve-
ment necessitating the removal of the tree or plant
In the event that trees or plants are so removed
in conformance with this section and the improve-
ment for which the building permit was issued is
not constructed within six months of the date of
issuance, the holder of the removal permit shall be
liable for the replacement cost of trees or plants of
equal size and variety to those removed. (Ord.
1060A § 4)
331
SO EXHIBIT 5
rriA iiu. HJOUO^H r1.
City of Carlsbad
Depart mont
September 10.1996
Mary Wood
3280 Donna Drive
Carlsbad, CA 92008
1996 STREET OVERLAY PROGRAM: PROJECT NO. 3527
Dear Ms Wood:
It was a pleasure to meet with you and your husband at your house Jast month. As I-promised.
I contacted a tree expert in the Parks Department and asked him about the viability of your
trees if the roots were extensively trimmed. J have attached a copy of his memo for your
reference
As you can see, there is a possibility the trees will die and/or become unstable and fall. It
would be possible to trim the roots just enough to construct new curb and gutter, but If the
roots are not removed, they will continue to grow and damage the new curb and gutter and
A.C. paving.
Because the City will spend a significant amount of money to repair and overlay Donna Drive, I
cannot recommend that the roots be trimmed just enough to construct new curb and gutter.
Therefore. I am recommending to the Parks and Recreation Commission that the trees be
removed for the following reasons:
1. The expected service life of a newly overfayed street is fifteen (15) years. To prevent
the trees from damaging the street for fifteen {15} years would require extensive
trimming and removal of roots. If extensive trimming is done, there is no guarantee the
trees will survive.
2. This area of Donna Drive is No. 64 on the Sidewalk Priority List Therefore, the City will
eventually construct sidewalk in this area. Standard sidewalk is 5' wide and abuts the
back of curb. The location of the trees puts them in the middle of the future sidewalk.
Because of the slope behind the trees, it would not be economically feasible to
construct sidewalk behind the trees. Even If there was sufficient room behind the trees
to construct sidewalk, the roots from these trees would crack and uplift the sidewalk.
The Parks and Recreation Commission will meet Monday, September 16, 1996, at 5:30 p.m.,
in the City Council Chambers. If you desire, you may attend the meeting and be heard. If you
cannot be at next Monday's meeting, please let me know and I will delay the issue of your
trees until the October meeting.
Sincerely.
SCOTT SCHEDELL
Associate Engineer
SS:jb
2O75 Las Palmas Dr. - Carlsbad. CA 92OO9-1576 • (619) 438-1161 •
31 EXHIBIT 6