HomeMy WebLinkAbout2011-09-18; Parks & Recreation Commission; 0911-3; APPEAL DIRECTIVE REMOVE TREES JEFFERSON STPARKS & RECREATION COMMISSION - AGENDA BILL
AB#: 0911-3
MTG. DATE: 09/19/11
STAFF: LANCASTER
INFO
APPEAL OF THE DIRECTIVE TO REMOVE
THREE STREET TREES IN FRONT OF THE
PROPERTY AT 3110-30 JEFFERSON STREET ( ^
ACTION
RECOMMENDED ACTION:
Hear an appeal from Carlsbad resident lla Schmidt of the directive to remove three street trees in
front of the property at 3110-30 Jefferson Street, and make a finding in support of, or in opposition
to, that appeal.
ITEM EXPLANATION:
On December 29, 2010, the city received a "claim for damages to sewer lateral(s) caused by
encroaching roots of city-owned trees" in front of the property at 3110-30 Jefferson Street
(Property). The claim was filed by attorney Kevin McCann, on behalf of the Property's trustees,
Larry and Cathie Hatter. The Property contains several residential units within three buildings -
each of these buildings having been originally connected to the city's sanitary sewer system via a
privately owned, clay sewer lateral. The claim transmittal letter indicated that the three clay sewer
laterals were "badly clogged and damaged due to the intrusion of tree roots from the three very
large Ficus trees owned by the city...." Included with the claim documents was a contractor's
estimate to auger the three clay sewer laterals free of tree roots, and then coat the laterals in their
entirety with a 'Perma-Liner' and epoxy resin. The process of combining a 'Perma-Liner' with
epoxy resin essentially forms a new plastic pipe within the original sewer laterals. That contractor
subsequently completed the described work at this site.
On March 22, 2011, the City Council acted in a Closed Session to settle the referenced claim. As
a corollary action to the claim settlement, the City Council directed staff to remove the three street
trees in front of the Property. Chapter 11.12 - Trees and Shrubs, of the Carlsbad Municipal Code
(Code) and Policy No. 4 - Street Trees, of the Carlsbad Council Policy Statements (Policy),
govern city street trees.
Section 11.12.090.C.3 of the Code, and Section II.G of Policy, specifically address the topic of the
removal of city street trees that are not hazardous, dead, dying, diseased, or damaged beyond
reclamation. According to these sections, consideration for street tree removal will be given a
priority rating depending on the following factors:
• Service life
• Damage to utilities and/or sewer lines
• Damage to hardscape
• Conformity of the existing tree to recommended species list
The subject three street trees are estimated to be 45-50 years old, and are of the Ficus
Microcarpa (Indian Laurel Fig) species. These street trees are not hazardous, dead, dying,
diseased, or damaged beyond reclamation. Although this species was once significantly used as
street trees within the northwest quadrant - particularly within the downtown village area - it is no
longer on the City Approved Replacement Tree Species List (a.k.a. recommended species list).
This list is a component of Chapter 6 - Tree Selection, of the Carlsbad Community Forest
Management Plan, which was adopted by the City Council on April 1, 2003.
Presuming these street trees are removed as directed, they will be replaced according to Section
11.12.100.B of the Code, and Section III.D of the Policy. The species selected for replacement
street trees is Lophostemon Confertus (Brisbane Box), which is on the City Approved
Replacement Tree Species List. This species has also been previously used as street trees
within the downtown village area, and is consistent with the City Uniform Street Tree Planting
Map. Consistent with Section 11.12.100.D of the Code and Section 111. F of the Policy, the size of
the replacement street trees shall be of a fifteen-gallon container size.
On May 3, 2011, pursuant to Section 11.12.090.E. of the Code and Section II.I of the Policy, staff
posted these street trees with a removal notice [Exhibit 3]. As required, the removal notice was
posted a minimum of thirty days prior to the scheduled removal date. Section 11.12.150.Aof the
Code, and Section V.A of the Policy, provide an opportunity for any person to request a formal
appeal to the Parks and Recreation Commission within thirty days of posting of a city street tree
for removal.
On June 2, 2011, staff received a Parks and Recreation Commission - Street Tree Removal
Appeal form [Exhibit 4] from Carlsbad resident lla Schmidt, regarding the subject three street
trees. On June 6 and June 15, 2011, staff received e-mails [Exhibit 57 from the Hatter's attorney,
which affirmed their wish to have the subject three street trees removed. Staff subsequently
determined that September 19, 2011, was the soonest mutually feasible date of a Parks and
Recreation Commission Meeting in which the appeal could be heard.
FISCAL IMPACT:
There is no direct fiscal impact associated with hearing this appeal.
EXHIBITS:
1. Vicinity Map - the Property
2. Photographs - City Street Trees in Front of the Property
3. Removal Notice - Posted on City Street Trees in Front of the Property
4. Parks and Recreation Commission - Street Tree Removal Appeal Form from lla Schmidt
5. E:mails to Staff from Attorney Kevin McCann - Sent on behalf of Larry and Cathie Hatter
EXHIBIT 1
Parks and Recreation Commission AB# 0911-3
Exhibit 1 - Property at 3110-30 Jefferson Street
Legen
pwMap
— Railroad
Street
™~ Major
— Minor
— Private
Dirt Road
Allev
Street name
City boundary
LJ Parcel Boundary
C3 Water Feature
July 2009 (4 inch resolut
RGB
Red Band_l
Green: Band_2
Blue Band 3
Map Printed On {2011-09-14 10:59}
Parks and Recreation Commission - AB# 0911-3
Exhibit 2
City Street Trees in front of 3110-30 Jefferson St
Northern Orientation Southern Orientation
EXHIBIT 3
May 3, 2011
RE: REMOVAL NOTICE - CITY STREET TREES AT 3110-3130 JEFFERSON STREET
Dear Resident:
This letter is to inform you that the three city street trees located at3110-3130 Jefferson Street are posted for
removal. These street trees are scheduled to be removed on or shortly after the date indicated below.
Tree Species: Ficus Microcarpa (Indian Laurel Fig)
Scheduled Date of Removal: Monday, June 6, 20 11
Predominant Reason For Removal: Tree roots are significantly obstructing sewer laterals servicing this property
The planting of three new city street trees will be performed within 45 days from the removal date. Fifteen gallon
container Lophostemon Confertus (Brisbane Box) street trees will be planted in close proximity to the removal
sites, in accordance with the Carlsbad Street Tree Ordinance and the Community Forest Management Plan.
If you have any questions regarding the pending removal of these street trees, please contact the Parks and Trees
Maintenance Division at (760) 434-2824. 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. In order for an appeal to be considered, it
must be received by the Office of the City Clerk by 5:00 p.m. on Friday, June 3, 201 1 . You will be subsequently
notified of the next available Parks and Recreation Commission meeting at which the appeal will be agenized.
At that time, you will be provided an opportunity to make a presentation as to why these street trees should not be
removed by the Parks and Trees Maintenance Division. Dependent upon the decision of the Parks and Recreation
Commission; the matter may be further appealed to the City Council for final resolution. You may request such
an appeal to the City Council, by submitting a separate appeals form to the Office of the City Clerk, within ten
days of the Parks and Recreation Commission's decision.
The administrative fees for filing appeals are: $120 for the Parks and Recreation Commission, and $130.00 for the
City Council. If the commission or the council decides in favor of the appellant, the respective fee will be
refunded. The Carlsbad Street Tree Ordinance, Community Forest Management Plan, and Parks and Recreation
Commission Street Tree Removal Appeal forms are available on the city's website at
htly.V/www.carlsbadca.gov/seryices/depai1ments/parksandrec/parl^-facilities/mamtenance/Pages/trees-
maintenance.aspx. or you may request that the documents be mailed to you by contacting our office.
Sincerely,
MICHAEL BLISS
Trees Supervisor
EXHIBIT 4
APPEAL TO PARKS A 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 /irrttffLH <r^ , 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).
p s
u)
The undersigned discussed |ne decision being appealed with:
on
OfflcialU»eOaiv
DATE & TIME APPEAL RECEIVED:SIGNATtfiRE
NAME (please print)
ADDRESS
PHONE NO.
DATE
The appal fee to $120.00 per appelhit 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.
EXHIBITS
Kyle Lancaster
From: Erin Letsch
Sent: Wednesday, June 15, 2011 9:39 AM
To: Kevin McCann
Cc: Ron Ball; Paul Edmonson; Charles McBride; Chris Hazeltine; 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 15,20119:25 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 had
paid to have the clay tile lines scoured and epoxy-coated to prevent new root-hair growth, but that my
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 APC
McCann & Carroll
Kyle Lancaster
From: Erin Letsch
Sent: Monday, June 06, 2011 8:28 AM
To: Chris Hazettine; Kyle Lancaster
Cc: Charles McBride
Subject: FW: Jefferson St. Trees
fvi
From: Kevin McCann f _._
Sent: Tuesday, May 31, 201111:18 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 ARC
McCann & Carroll