HomeMy WebLinkAboutItem QAGENDA REPORT
DATE: April 8, 2002
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Doug Danes, P.E., Director of Public Works/City Engineer
SUBJECT: Discussion of Tree Removal Permit at Old Ranch Townhomes
SUMMARY OF REQUEST:
Provide comments to the City Manager for a proposed tree removal permit to the Old Ranch
Townhome Association.
BACKGROUND:
The Old Ranch Townhome Community, located in College Park East and fronting on Basswood
and Aster, consists of sixty homes. In October of 2001, the representative from their Home
Owners Association (HOA) approached staff with a request to remove pear trees within the street
right of way. The HOA requested this action because their Declaration of Covenants, Conditions
and Restrictions (CCR's) stated that they are responsible for the repair and maintenance of the
landscaping fronting their property. This was a requirement of the City for the property when it
was initially developed in 1975. Since that time, the HOA has maintained the trees.
After receipt of the request, staff required a report by an arborist certified by the International
Society of Arboriculture to evaluate the physical condition of trees. The HOA provided two
such reports. These recommended selective removal of diseased and unstable trees in addition to
the removal of the trees to allow room for the healthier specimens to flourish. Based upon these
findings, the permit was issued in November 2001. In the process of marking the trees in
February 2002 for removal, local residents voiced their concems and the permit was suspended
by the City Manager on March 7, 2002.
At the March 11, 2002 City Council meeting, a community meeting to discuss the issues was
announced and held on March 13, 2002. The BOA conducted the meeting to inform residents of
the tree removal plan. Approximately thirty people attended including both Townhome residents
and College Park East neighbors. The original plan was discussed and a compromise was agreed
to that addressed the concerns of the attending public. The general consensus was that some
trees should be removed for tree health reasons, others should be removed for proper spacing and
the remaining trees should be re- trimmed properly. Additionally, in an effort to foster the
compromise, the City offered to place six 24" box trees to assist in achieving proper spacing.
Agenda Item ( 1)
On March 19, 2002, the BOA Board of Directors agreed to the revised trimming and removal
plan. The modified plan was then submitted to and reviewed by staff. Based upon the findings
of the original proposed permit, the outcome from the community meetings, and the compromise
reached with the new plan, staff intended to re -issue the permit.
Section 20A -3 of the Code assigns the City Manager the responsibility to approve or deny
applications for this type of tree permit consistent with the guidelines, rules, and regulations of
the International Society of Arboriculture governing the removal of the trees in the streets, parks,
and other places. The City Manager's decision is final because the Code does not provide for an
appeal to the City Council. However, since the Old Ranch Townhome Association permit has
not been issued, and since this application has generated some community concem, staff has
agendized the matter for discussion by the City Council.
FISCAL IMPACT:
Should the City accept the maintenance responsibility for the trees, the cost would be
approximately $1,000 per year. Additional future costs to remove diseased trees, repair raised
sidewalk and liability for falling trees would be encountered as well.
RECOMMENDATION:
Provide comments to the City Manager regarding the proposed tree removal permit for the Old
Ranch Townhome Association.
Prepared By/::
Bob Eagle U
Contract Administrator
Reviewed By:
Marc Vukojevrc, P.E. Doug Danes, P.E.
Assistant City Engineer Director of Public Works/City Engineer
Original Proposed Plan
Revised Pro osed Plan
No. of Existing Trees in Parkway
48
48
Trees to be Removed
28
23
Trees to be Added
0
6
Net No. of Trees in Parkway
20
31
Section 20A -3 of the Code assigns the City Manager the responsibility to approve or deny
applications for this type of tree permit consistent with the guidelines, rules, and regulations of
the International Society of Arboriculture governing the removal of the trees in the streets, parks,
and other places. The City Manager's decision is final because the Code does not provide for an
appeal to the City Council. However, since the Old Ranch Townhome Association permit has
not been issued, and since this application has generated some community concem, staff has
agendized the matter for discussion by the City Council.
FISCAL IMPACT:
Should the City accept the maintenance responsibility for the trees, the cost would be
approximately $1,000 per year. Additional future costs to remove diseased trees, repair raised
sidewalk and liability for falling trees would be encountered as well.
RECOMMENDATION:
Provide comments to the City Manager regarding the proposed tree removal permit for the Old
Ranch Townhome Association.
Prepared By/::
Bob Eagle U
Contract Administrator
Reviewed By:
Marc Vukojevrc, P.E. Doug Danes, P.E.
Assistant City Engineer Director of Public Works/City Engineer
Noted
2 — Arborist Reports
CCR's for Old Ranch Townhomes
Original Proposed Tree Removal Plan
Revised Proposed Tree Removal Plan
SOUTHERN PROPOSAL
CALIFORNIA
GARDENS October 29, 2 001
cameo ceme� a= Re: Old Ranch Townhomes
Sonthew Cantered. Gardens proposes to provide the necessarylabor and materials to
perform the following tree work:
Landscape
(48)
Pyrrha Kawakamii- Evergreen Pear trees in Parkway
Maintenance &
manicuring procedure mod over the years.
Construction
A visual analysis reveals signs offueblight on some trees, with additional signs of root
(20) lift branch structure and lace out
Professional
(28) Removals, include stump grinding
Tree Service
Recommendation: to wlectively remove the diseased and old, unstable trees and allow
Caw per tree $ 50.00
Sweeping
g0 „1 c ry
WI
Total Cost to Perform $2,400.00
Service
severe trimming m a regular basis. A light pruning every two years "old be adequate.
P&STCONIROL
Removal of the (29)parkway,mass will enhance the overall appearance ofBasswoad,
(12)
Pyres Kawakamii crowd perimeter of complex
( 6)
Pyrus Kawakamii in north and south courtyards
be healthy and free ofpests.
Temecula Valley
Cost per tree $ 50.00
(909) 696 -8341
Total Cost to Perform $ 900.00
Fludings
c°°ic- 3713.11,
1. The parkway currently consists of(48) ones Dimmed into worded shapes. The trees
are approximately 25 years old and some are stunted due to old age and the aggressive
manicuring procedure mod over the years.
A visual analysis reveals signs offueblight on some trees, with additional signs of root
rot, w4tiah can create a hamrdam situation ifthe trees become unstable and fall.
In addition, the parkway is overcrowded with the our ®t number of trees.
Recommendation: to wlectively remove the diseased and old, unstable trees and allow
room for the healthier specimens to flourish. The remaining trees should be trimmed up
g0 „1 c ry
WI
to lift the canopies and laced out to remove dead branches. The trees donor require
severe trimming m a regular basis. A light pruning every two years "old be adequate.
P&STCONIROL
Removal of the (29)parkway,mass will enhance the overall appearance ofBasswoad,
Lic9QA0:b42
Aster and Candleberry Streets, which surround the complex.
2. The complex perimeter and courtyards consist of 18 additional trees. They appear to
be healthy and free ofpests.
Temecula Valley
Recommendation: to lightlyfertilire and lace out to reshape. No removals necessary.
(909) 696 -8341
FAX 19091696.7671
Optimum time to prone PyrnS tree, is fall /wlntal
South Bay
(310) 784 -1777
Please indicate acceptance by signing below.
FAX 13101326.2521
Sweeping Division
N( /o /7/j /0/
(310) 328 -8150
Nick Abajran I Date Accepted by. Date
FAX (310) 3283247
Garden Center Location
23116 Normandie Ave.
Torrance, CA 90502
MPR -01 -2002 1245 CITY OF SEAL BEACH 562 431 4067 P.e4iO4
FROM : BRODGR ASSOCIATES, INC. PHO4E NO. : 714 441 Z726 Oct. 29 2001 03 :50PM P2
BROOKER
1E Chapman Tuite1 .1� (�Nv
2501 Fulleto. C Ave., . Suite 180 con
Fullerton. CA 92831
Phone (714)1'73.9490 Fa (r1a) 441Z72a
Tree Divisan
Attention: Bonnie Sherd Ur *Z7709
Fgpr SabMp.i ra
Fhare:
Oate:
ement Company
M26`2001
562 437.4277
Oct
b
3 R
444 W. Ocean Blvd, Suite 800
Old Ranch Townhomes
52844 SB
• anee:
P
Jeb tao*=
Long Beach I
90802
Lone Reach
V!s hw br.Ybe4.p.drega,. aM..6. . b[
Tree work per map supplied by Old Ranch Townhomcs:
Class H tree trimming: 20 in Parkway
38 Pear $ 1,.330.00 18 on Complex Grounds
Tree valsrsmnps to be ground
- 28 Pear $ 2,b60.00 in Parkway
Note: 1. Trees for removal will be marked in orange paint by a representative firm Brooker Associates.
Initial and datc upon acceptance.
2. To restore these Pear trees back to a natural shape, every other are will be removed
The remaining Pear [tees will be trimmed to help initiate a natural growth pattern.
3. We recommend trimming of Pears in the Spring after flowering to remove branches affected by
Fire Blight.
WE PROPOSE befthY b Nafth megryl rM tiler- mmaieq in reoxdYYe Hh ue .eow.perifiadom. for aw wm eC
T{totLgand Nine Hundred Ninety and 00 /100 *........... am.a (s 3 990 00 )
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e.a �. 45 ap.
wurm.s gwY+ea awro..gm....e. _
ACCEPTANCE OF PROPOSAL, rn.Yo-.ev.>d.•..
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YeWY�WY�t,lws 1alYbp.i4sa Wp.O1}r(jywpeP.'rypM eA
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TOTAL P.04
V ....l 119 or special meetings of Members. Any reserves collected
by the Association for the future maintenance and repair of the
Common.Area, -or any portion thereof, shall not be included in
determining said annual Ten Thousand Dollar ($10,000) limitation.
Section 5 - Uniform Rate of Assessment. Regular, Recon-
struction and Cap }tal Improvement Assessments shall, be fixed in a
manner which creates an equal financial obligation attributable
to each Condominium and may be collected at intervals selected by
the Board.
Section 6 - Certificate of- PaSnnent. The Association shall,
upon demand, furnish to any Member liable for Assessments, a
certificate in writing signed by an officer or authorized agent
of the Association, setting forth whether the Assessments on a
specified Condominium have been paid,-and the amount of delinquency,
if any. A reasonable charge may be made by the Board for the
issuance of these certificates. Such certificates shall be
conclusive evidence of payment of any Assessment therein stated
to have been paid.
Section 7 - Exempt Property. All properties dedicated to
and accepted . by a local public authority shall be exempt from the
Assessments created herein; provided, however, no land or improve-
ments devoted to dwelling use shall be exempt from said Assessments.
Section '8 - S ecial Assessments. Special Assessments shall
be levied by the Boar o irectors of the Association against
Condominiums with respect to which particular costs have been
incurred by the Association in performing corrective action with
regard to such Owner pursuant to this Declaration. In the event
the Association undertakes to provide materials or services which
benefit individual Condominiums and which can be accepted or not
by individual Owners, such as tree trimming, such Owners in
accepting such materials or services may agree in writing that
statements therefor from the Association shall be Special
Assessments.
Section 9 - Date of Commencement of Re alai Assessments.
The Regular Assessments shall commence as to all Condominiums on
the first day of the month following the conveyance of the first
Condominium by Declarant. Provided, however, that in the event
the amount budgeted to meet Common Expenses for the current year proves to be excessive in light of the actual Common Expenses,
the Board in its discretion may either reduce the amount of the
Regular Assessments or may abate collection of Regular Assess-
ments as it deems appropriate.
Section 10 - No Offsets. All Assessments shall be payable
in the amount specified by the Assessment and no offsets against
such amount shall be permitted for any reason, including, . without
1. im.i.tation, a claim that the Association is not properly exercis-
ing its duties of maintenance or enforcement.
Section 1.1 - P,cscrves. The Regular Assessmen Ls small it
a�ivountscgllected as reserves i for the future periodic mantenl
repair or replacement of all or a portion of the Common Area.
DIED RANCII TOWNTIOMr•.5 /PEE CONDOMINIUM
12/23/74 1,
GG 1Z 15 Rev. 5/14/75
growing things shall be permitted to encroach into or onto the
Common Area, subject to the control of the Architectural Committee
as provided in the Article hereof. entitled "Architectural Control."
3 - Repair and Mainfp. An,. of r_p vfw;
determine that the walls, ceilings, floors or doors forming the
boundaries of a Unit have been damaged from within the Unit,
notwithstanding that such damage may be to the Common Area, the
Owner of the Unit shall be responsible for repairing such damage
in a timely manner and in accordance with such rules as the Board
or Architectural Committee shall from time to time adopt. In the
event such repair is not so accomplished by the Owner,'. the Asso-
ciation or its delegates shall have the right at reasonable times
to enter the Unit to effect such repair, and the cost thereof
shall be charged to the Owner of the Unit and if not paid in a
timely manner, shall be a Special - Assessment.
(, Section 4)- Repair and Maintenance of the Common Area b the
Association. The Association shah be.obligated to maintin
a
repair, restore, replace and make necessary improvements to the
Common Area including, without limitation,.the recreational
facilities constructed on the Project for use by the Members.
The costs thereof shall be paid out of the general funds of the
Association, except as otherwise herein' specified as payable by
the particular Owners. Without limiting the generality of the
foregoing, the Association shall maintain and repair the exterior
surfaces of all Units and portions or elements thereof, to
include the painting thereof, all landscaping on the Common Area,
private streets located within the Project, and the recreational
facilities constructed on the Project. In addition, the Associa-
tion shall maintain and repair the landscaping located on certain
parkway areas in the public right -of -way along streets outside of
but adjacent to the Project as shown on Exhibit B for so long
as the City of Seal Beach provides access thereto by the Associa-
tion for maintenance purposes.
uniLb oy Lne Association. Tne Association shall be obligated to
maintain, repair,, restore, replace and make necessary improve-
ments to the interior surfaces of the Patio and Deck elements of
Units which are not the floor surfaces of such Units, including
without limitation the painting thereof; provided, however, the
Association shall not be obligated to maintain. plants or other
growing things emplaced or located within such nonresidential
elements of Units.- The costs of such maintenance and repair
shall be paid out of the general funds of the Association, except
as otherwise herein 'specified as payable by the particular Owners.
Section 6 - Maintenance of Public Utilities. Nothing con-
tained herein shall require or obligate the Association to main -
tain,.reulace or restore the underground facilities of public
utilities which are located within easements in the Common Area
owned by such public utilities. However, the Association shall
take such steps as are necessary or convenient to ensure that
such facilities are properly maintained, replaced or restored by
such public utilities.
ARTICLE VIII
Insurance
Section 1 - Types
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