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HomeMy WebLinkAbout2021-06-21; Parks & Recreation Commission; ; DEAD HERITAGE TREES - DISPOSITION OF TREE STUMP AND BURL ON GRAND AVE Meeting Date: June 21, 2021 To: Parks & Recreation Commission From: Kyle Lancaster, Parks & Recreation Director Staff Contact: Kyle Lancaster, Parks & Recreation Director Subject: Dead Heritage Trees – Disposition of Tree Stump and Burl on Grand Ave. Recommended Action Advise the City Council to direct staff to remove the stump and burl of a dead heritage street tree from the public right of way on the south side of Grand Avenue, immediately east of Jefferson Street. Executive Summary In early 2019, staff identified a large heritage street tree on the south side of Grand Avenue, immediately east of Jefferson Street, was in declining health. The tree was evaluated and found to be suffering from insect infestations. After multiple attempts to treat the infestations, the tree was determined to be dead and it was subsequently removed. Staff refrained from removing the tree stump and burl after receiving a resident’s request “that citizen input be solicited for the ‘highest and best use’ of what remains… to create an artistic and historic bench.” The City Manager instructed staff to seek the City Council’s direction on the request. Discussion The large eucalyptus street tree (a Eucalyptus cladocalyx , or sugar gum) was designated as a heritage tree as part of the 2019 Community Forest Management Plan (Exhibit 1), which was adopted by the City Council on Sept. 24, 2019. The plan’s Chapter 6 - Heritage Tree Program includes the Carlsbad Historic Village District Heritage Tree Report. That report, revised in June 2019, identified this tree as being in poor condition and declining vigor. The tree was re- evaluated by certified arborists in July 2019 and found to be in an advanced state of decline, suffering from a combination of lyrp psyllid and tortoise beetle infestations. In addition to cultural management practices, a systemic insecticide was injected into the tree. After monitoring the tree’s condition for months beyond the treatments, the tree was determined to be dead by four certified arborists – two of whom were city staff, the third a consulting arborist, and the fourth the author of the city’s Heritage Tree Reports. Because the tree was dead, its removal was not subject to public noticing in advance of the removal, under City Council Policy Statement No. 4 – Street Trees (Exhibit 1, Appendix C), and the Carlsbad Municipal Code Chapter 11.12 – Trees and Shrubs (Exhibit 1, Appendix D). However, on Sept. 30, 2019, staff took the added step of publicly posting notices of the decision to remove the tree for a 30-day appeal period. The appeal period expired on Oct. 29, 2019 and staff did not receive any appeals through the City Clerk’s Office during that period. 8 of 23 Portions of two chapters and an appendix of the Community Forest Management Plan address the disposition of dead city-owned trees: Chapter 6 - Heritage Tree Program, Chapter 8 - Community Green Waste, Wood and Tree Recycling Program, and Appendix D -Carlsbad Municipal Code Chapter 11.12, Trees and Shrubs. The pertinent excerpts are provided below: • When a heritage tree reaches the point of needing to be removed out of safety or practicality concerns, the tree may have an extended use and be further memorialized through the Green Waste, Wood and Tree Recycling Program refer to Chapter 8]. By capturing this valuable wood product, the tree may continue to serve a purpose beyond the typically associated public benefits. It may become art in the form of carving, or tables that others may admire.” (Chapter 6, Page 37) • Any trees that are cut down, dismantled or harvested by the city are subject to be potentially repurposed. (Chapter 8, Page 319) • 11.12.090. 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. (Appendix D, Page 383) In this case, staff intended to – and subsequently did – arrange for the salvaged wood from the tree to be delivered to local mills for woodworking projects. However, in early November 2019, Don Christiansen asked staff about the possibility of repurposing the tree trunk as a historic public art piece or bench. Staff advised Mr. Christiansen of the intent to deliver the salvaged wood from the tree to local mills and offered to consult with the Library & Cultural Arts Department staff about his inquiry regarding a public art piece or bench from the tree trunk. After consulting with the Library & Cultural Arts Department staff, it was determined there wasn’t an interest in repurposing the tree trunk, due in part to the limited visibility and pedestrian activity of this location, which is outside of the concentrated business area of the Village. However, staff were committed to considering this concept for other dead heritage trees in the future. Staff then informed Mr. Christiansen of this determination. Mr. Christiansen later provided public comment on the concept of repurposing this tree’s trunk into a public art piece or bench at the November meetings of the Arts Commission, the Parks & Recreation Commission and the Historic Preservation Commission. None of the three Commissions took action on his request. After the public comment periods at the Parks & Recreation Commission and the Historic Preservation Commission meetings, staff spoke with Mr. Christiansen on this matter. In those conversations and in a subsequent voicemail message for Mr. Christiansen, staff told him that the tree was scheduled to be removed to the stump, in accordance with standard procedure, and that the city commissions had not acted to place this concept on their agendas, so staff anticipated continuing according to that schedule and procedure. 9 of 23 The tree was removed to the stump on Nov. 22, 2019, and the stump itself was scheduled for grinding and removal within the following two weeks. (See Exhibit 2 for photographs of the stump and burl.) Three days later, Nov. 25, 2019, Mr. Christiansen left a voice message for staff, expressing thanks for consideration of his request regarding this tree’s trunk and suggesting similar consideration be given for other dead heritage trees in the future. On Dec. 4, 2019, Mr. Christiansen sent an email to the City Council requesting that the tree’s stump and burl not be removed, and “that citizen input be solicited for the ‘highest and best use’ of what remains…to create an artistic and historic bench” (Exhibit 3). At that time, the City Manager instructed staff to refrain from removing the stump and burl and to seek the City Council’s direction on the request in the spring of 2020. However, due largely to the impacts from the COVID-19 pandemic and staff’s need to focus on other priorities, the scheduling of this item on the City Council’s agenda was deferred. During the deferral period, the property owner advised staff of his desire for the stump and burl to be removed from the public right of way. Options The following options are provided for the Parks & Recreation Commission, with option one recommended by staff: 1. Remove the tree stump and burl from the public right of way. Pros • Acknowledges the procedure to grind the stump and burl is consistent with previous street tree removals, under the Community Forest Management Plan, Appendix D (Carlsbad Municipal Code Chapter 11.12 - Trees and Shrubs). • Supports staff’s determination to not pursue this particular repurposing, due in part to the limited visibility and pedestrian activity of the location. • Recognizes that the Arts Commission, the Parks & Recreation Commission and the Historic Preservation Commission did not act to consider an item on this concept. • Addresses the expressed desire of the property owner that the tree stump and burl be removed from the public right of way. Con • Does not address the expressed desire of the resident that the tree stump and burl be carved into a public bench. 2. Pursue citizen input, design and carving of the tree stump and burl into a public bench. Pros • Increases public awareness of certain large heritage tree species in the Village • Acknowledges the concept of heritage trees having an extended use and being further memorialized, while continuing to serve a purpose beyond the typically associated public benefits, under the Community Forest Management Plan, Chapter 6 - Heritage Tree Program. • Addresses the expressed desire of a resident that the tree stump and burl be carved into a public bench. 10 of 23 Cons • Creates an inconsistency with the standard for right of way furnishings in the Village • Provides limited access for disabled persons (i.e., as called for under the Americans with Disabilities Act) • Requires a high level of maintenance to preserve the wood as a seating surface • Lacks specific funding in the budget for the carving and maintenance of the stump • Does not support staff’s determination to forego this particular repurposing, due in part to the limited visibility and pedestrian activity of the location • Does not recognize the Arts Commission’s, the Parks & Recreation Commission’s and the Historic Preservation Commission’s inaction to consider an item on this concept • Does not meet the expressed desire of the property owner that the tree stump and burl be removed from the public right of way Next Steps Staff will present this item to the City Council on June 22, 2021 and seek direction on the option with which to proceed. Public Notification and Outreach Public notice of this item was posted in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. 2019 Community Forest Management Plan (on file in the Office of the City Clerk) 2. Photographs of heritage tree’s stump and burl 3. Mr. Christiansen’s email dated Dec. 4, 2019 11 of 23 EXHIBIT 2 Street Tree Stump and Burl on Grand Avenue 12 of 23 Street Tree Stump and Burl on Grand Avenue 13 of 23 Street Tree Stump and Burl on Grand Avenue 14 of 23 1 Tim Selke From:Don Christiansen <donaldchristiansen@gmail.com> Sent:Wednesday, December 4, 2019 6:40 PM To:CARLSBAD COUNCIL INQUIRY CENTER; Matthew Hall; Council Internet Email; Manager Internet Email; Jason Haber; Gary Barberio; Kyle Lancaster; TIm Selke; Attorney Subject:Re: Carlsbad Public Records Request Center Correspondence Request :: C001037-112519 Good Day! Thank you for the courtesy of a response to my "Council Inquiry". Since the tree (and liability) have now been removed and a good size stump and exceptional burl remain I would like to request that the stump and burl remain and citizen input be solicited for the "highest and best use" of what remains. I think enough remains to create an artistic AND historic bench. I'm sure other people may have other ideas. The following are quotes from the City's website: "The Forest Management Plan also urges the wood from heritage trees that cannot be saved to be offered for woodworking, so wood salvaged from the old eucalyptus will be offered to a local wood mill and could perhaps find new life as furniture or artwork." "When a heritage tree cannot be saved, the plan recommends finding ways to preserve it in some way." I understand that the above website quotes represent "standard protocol for the city". I also understand via my involvement with Imagine Carlsbad and Envision Carlsbad that my above request is in line with Carlsbad's Community Vision statement. Consider this as my request to NOT remove the stump and burl, and place the subject of Dead Heritage Trees on the City Council Agenda for further citizen input. PLEASE confirm receipt of this letter. All the best, Don Christiansen 760-802-0552 On Tue, Nov 26, 2019 at 4:36 PM CARLSBAD COUNCIL INQUIRY CENTER <carlsbadca@mycusthelp.net> wrote: --- Please respond above this line --- Right-click or tap and hold here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet. Exhibit 3 15 of 23 2 RE: Council Inquiry of November 25, 2019., Reference # C001037-112519. Dear Don Christiansen, The City of Carlsbad received a request from you on November 25, 2019. Your request mentioned: "From: Don Christiansen <donaldchristiansen@gmail.com> Sent: Friday, November 22, 2019 9:18:11 PM To: Matthew Hall <matt.hall@carlsbadca.gov> Subject: Fwd: Request for Stay of Execution--for a Heritage Tree Thanks Matt! The following email is what I sent to the City Managers office. I did public comment last night at the Historic Preservation Commission meeting and received a voice mail at 8 AM this morning advising that the tree was being taken down today. The last I heard the trunk was still standing. All the best, Don ---------- Forwarded message --------- From: Don Christiansen <donaldchristiansen@gmail.com> Date: Tue, Nov 19, 2019 at 4:14 PM Subject: Fwd: Request for Stay of Execution--for a Heritage Tree To: Carlsbad City Manager <manager@carlsbadca.gov>, jason.haber@carlsbadca.gov <jason.haber@carlsbadca.gov> Good Afternoon! Years ago I served on the Carlsbad Historic Preservation Commission. We commissioned a "Heritage Tree Survey" to document those trees of particular historic interest. The BIG eucalyptus trees in the Village were identified and included in the survey. One of those trees on the south side of Grand between Harding and Jefferson has died and is slated for removal, perhaps this week? Some of my fellow pro-active Carlsbad citizens and I feel that the tree has the potential to become a unique piece of historic wood sculpture art. It has been identified as a "sugar gum" eucalyptus which is considered a high quality, long lasting wood. https://www.google.com/search?q=tree+trunk+sculptures+photos&oq=tree+trunk+scu&aqs=chrome.3.0j69i57j0l6.1 2735j0j1&sourceid=chrome&ie=UTF-8 I have shared this issue via Public Comment with the most recent Arts, and Parks and Rec Commission meetings. I plan on sharing this issue with the Historic Preservation Commission at their Thursday meeting. I understand and appreciate that there are legitimate liability concerns with a dead tree. I feel simply removing the overhead branches and leaving the tall vertical trunk would alleviate those concerns and "buy time" for citizen input as to the highest and best use of the 5-6 foot diameter trunk (big enough to walk through). Leaving the tall trunk 16 of 23 3 with a sign on it inviting ideas ties in with my understanding of the Community Vision Statement. Working through these commissions takes time, and the tree does not have time on its side. It is estimated there are only 10-12 remaining "Big Eucs" in the Village, and they are all approaching the end of their life expectancy. Thus, please consider this as my request to not remove the tree until the above commissions provide input, and to place "Dead or Alive Heritage Trees" on the City Council Agenda for further citizen input. Please confirm receipt. All the best, Don Christiansen De-centralized Renewable Energy Advocate 760-802- 0552"</jason.haber@carlsbadca.gov></manager@carlsbadca.gov></donaldchristiansen@gmail.com></matt.hall@c arlsbadca.gov></donaldchristiansen@gmail.com> Subject: Request to delay the removal of a heritage tree on Grand Avenue Inquiry: Years ago I served on the Carlsbad Historic Preservation Commission. We commissioned a "Heritage Tree Survey" to document those trees of particular historic interest. The BIG eucalyptus trees in the Village were identified and included in the survey. One of those trees on the south side of Grand between Harding and Jefferson has died and is slated for removal, perhaps this week? Some of my fellow pro-active Carlsbad citizens and I feel that the tree has the potential to become a unique piece of historic wood sculpture art. It has been identified as a "sugar gum" eucalyptus which is considered a high quality, long lasting wood. https://www.google.com/search?q=tree+trunk+sculptures+photos&oq=tree+trunk+scu&aqs=chrome.3.0j69i57j0l6.127 35j0j1&sourceid=chrome&ie=UTF-8 I have shared this issue via Public Comment with the most recent Arts, and Parks and Rec Commission meetings. I plan on sharing this issue with the Historic Preservation Commission at their Thursday meeting. I understand and appreciate that there are legitimate liability concerns with a dead tree. I feel simply removing the overhead branches and leaving the tall vertical trunk would alleviate those concerns and "buy time" for citizen input as to the highest and best use of the 5-6 foot diameter trunk (big enough to walk through). Leaving the tall trunk with a sign on it inviting ideas ties in with my understanding of the Community Vision Statement. Working through these commissions takes time, and the tree does not have time on its side. It is estimated there are only 10-12 remaining "Big Eucs" in the Village, and they are all approaching the end of their life expectancy. Thus, please consider this as my request to not remove the tree until the above commissions provide input, and to place "Dead or Alive Heritage Trees" on the City Council Agenda for further citizen input. Please confirm receipt. Issue: Can the trunk of the tree be spared to perhaps be made into a wooden art carving? 17 of 23 4 Response: The tree and its trunk could not be saved. It was dead and, in the opinion of two city arborists, a consulting tree expert and the arborist who first compiled the city's list of heritage trees, presented a risk to the public of falling over, particularly given that windy storms were in the forecast. Staff created a 30-day appeals period even though the city was not legally required to do so and posted a notice of that appeals period on the tree. That appeals period expired without anyone filing an appeal of the arborists' recommendation to remove the tree. In keeping with the city's recently approved Forest Management Plan, two trees will be planted to replace the downed tree. One will be planted at the same site as the tree on Grand or nearby. The exact site and type of tree have yet to be determined. The Forest Management Plan also urges the wood from heritage trees that cannot be saved to be offered for woodworking, so wood salvaged from the old eucalyptus will be offered to a local wood mill and could perhaps find new life as furniture or artwork. Action Taken: City parks director arborist have spoken to the resident and explained why the tree was ordered removed as it was. No additional action required. Sincerely, Hector Gomez Deputy City Clerk Community Services To monitor the progress or update this request please log into the Correspondence Center Right-click or tap and hold here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet.GovQA logo Right-click or tap and hold here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet. 18 of 23