Item Coversheet
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report 

November  3, 2020
ORDERS OF BUSINESS

TO:

Honorable Mayor and City Council Members 
SUBMITTED BY:

Robert Harary, P.E, Director of Public Works
APPROVED BY: 

Chip Rerig, City Administrator
SUBJECT:

Resolution 2020-078 accepting tree mitigation and donation from Laura Overett and approving a budget amendment to the Fiscal Year 2020/21 Adopted Budget for the North Dunes Habitat Restoration Project

 
RECOMMENDATION:

Adopt Resolution 2020-078 accepting tree mitigation and donation from Laura Overett and approving a budget amendment to the Fiscal Year 2020/21 Adopted Budget for the North Dunes Habitat Restoration Project.

BACKGROUND/SUMMARY:

In May 2019, Ms. Laura Overett applied for a permit to remove 27 eucalyptus trees located on the southeast side of her property at San Antonio, 1 and 2 Northwest of Fourth Avenue. This request came after two large eucalyptus trees fell on her property during winter storms. The 27 eucalyptus trees ranged in diameter from 24 to 88 inches and had heights reaching up to 165 feet. 

 

Arborist James P. Allen & Associates conducted a Level 2 Tree Risk Assessment for 27 trees on behalf of Ms. Overett. The report assigned high risk ratings to 24 trees, moderate risk to 2 trees, and low risk to one tree. The applicant expressed the desire to remove all 27 trees and replant native tree species. The City's on-call arborist also conducted a tree evaluation and reviewed the recommendations provided in the Level 2 Risk Assessment. The evaluation found that 11 trees displayed structural issues, poor placement, or diminishing health that warrant removal. The evaluation also found that reducing the height of the remaining trees by 40% to 60% would render the trees stable, but unsightly and prone to future structural problems.

 

At their May 16, 2019 meeting, the Forest and Beach Commission denied the removal application. The decision was appealed to the City Council and was approved by Council on July 2, 2019 with special conditions that have been, and are continuing to be, met by the applicant. Specifically, ten of the fifteen trees required to mitigate the removal of the first eucalyptus grove have been planted. The balance has not yet been planted because their placement would put them in the path of equipment needed to remove the second grove of trees. Four new cypress trees were planted to grow into the view-shed previously occupied by eucalyptus. In addition, as mitigation for the removal of the initial 27 trees, a payment of $9,750 to the City’s Forest Restoration fund was made. 

 

On March 12, 2020, Ms. Overett submitted a new application to permit the removal of 17 additional eucalyptus trees located in the southwest corner of her property, which abuts the north-westerly portion of the ecologically-sensitive North Dunes Habitat Restoration site. Similar to the first grove of eucalyptus trees, this second grove has become very large and poses a potential safety concern. These trees also deposit a considerable amount of seed onto the North Dunes site which, for decades, has introduced damaging, non-native and harmful seedlings and sprouts in the North Dunes.

 

At their June 11, 2020 meeting, the Forest and Beach Commission deferred the decision to approve or deny approval for the second grove of eucalyptus until the July meeting, and requested to see the proposed landscaping plan for the entire site. On July 1, 2020, the City Forester re-inspected the 17 additional trees in the second grove. Many defects in the trees were found including: basal tissue decay, suspected girdling roots, lack of trunk tamper, presence of fungal structures underneath the bark, decay of tissues as a result of pruning wounds, trunk wounds that are not calloused over, presence of unidentified oozing, and galls.

 

At their July 9, 2020 meeting, the Commission reviewed the landscape plan which detailed trees that were required for mitigation of the first grove, but the Commission requested a more detailed landscape plan for both parcels owned by Ms. Overett. At their August 20, 2020 special meeting, the Commission approved the removal of the 17 trees with various conditions, including additional tree planting and an in-lieu fee of $8,500 representing a 2 to 1 replacement. 

 

During preparation of her revised landscape plan, Ms. Overett consistently expressed to staff that she supported replanting native trees to the extent practicable, including extensive plantings to supplement the required trees on her property. Ms. Overett also supported donating to the City to plant native trees elsewhere in the City. At that time, when notified that funding for the North Dunes Habitat Restoration Project was eliminated this fiscal year due to revenue shortfalls resulting from the COVID-19 pandemic, Ms. Overett was very supportive of making a donation for the ongoing restoration of the North Dunes. She offered $21,250, equal to mitigation of the 17 eucalyptus trees at a rate of 5:1. It should be noted that if the donation would be allocated by Council to the general fund or other program beyond the North Dunes, that her offer may not have been as generous. 

 

Staff recommends that the $21,250 be allocated to the North Dunes Habitat Restoration Capital Improvement Project to fund the following tasks:

  • Native Solution's dunes biologist, Joey Canepa, for data collection and preparation of the Year 4 and 5 technical report required by the Coastal Development Permit. With an estimated fee of $7,000, an amendment to the Agreement with Native Solution would be submitted for Council approval at an upcoming meeting. While staff will continue to manage the overall project and have field crews support the project to the extent possible, staff does not have the technical knowledge nor sufficient time to perform these professional services in house.
  • Design and installation of interpretive signage.   
  • Previously Council-approved tree removals (up to 10), if contractor needed. Preliminarily, staff is recommending that two or three cypress trees be removed at this time, and the remaining tree removals should continue to be phased over time to be most beneficial to the habitat site.
  • Potential split rail fencing along the site borders along San Antonio and Ocean Avenue.
FISCAL IMPACT:

As a condition of approval to remove the second grove of eucalyptus trees and a supplement donation intended for the North Dunes Habitat Restoration Project, Ms. Overette has already paid $21,250 to the City. This amount consists of the required 2 to 1 in-lieu fee of $8,500 plus a donation of $12,750. The check was deposited into the Forest Restoration account for the time being. Staff recommends that Council adopt the subject Resolution which would allocate these funds to the North Dunes Habitat Restoration Project.

 

The North Dunes Habitat Restoration is a multi-year project, and the most recent phase of the Project was included within the Fiscal Year 2019/20 Capital Improvement Plan and Operating Budget. Although the current 5-year phase of the project is not completed, due to the economic hardship caused by the COVID-19 pandemic, the City was unable to re-budget funding for the Project this fiscal year. The proposed mitigation fees and donation will fund the continuation of the planned work.

 

Council may decide to allocate the funds to a different project, increase the General Fund balance, or retain the funds in the Forest Restoration fund.

PRIOR CITY COUNCIL ACTION:

At their May 16, 2019 meeting, the Forest and Beach Commission denied the removal application for the first grove of 27 eucalyptus trees. The decision was appealed to the City Council and was approved by Council on July 2, 2019 with special conditions that have been, and are continuing to be, met by the applicant. 

 

At their August 20, 2020 special meeting, the Forest and Beach Commission approved the removal of 17 additional eucalyptus trees with various conditions, including additional tree planting and an in-lieu fee of $8,500 representing a 2 to 1 replacement.

ATTACHMENTS:
ATTACHMENTS:
Description
Attachment #1 - Resolution 2020-078 accepting tree mitigation and donation from Laura Overette for North Dunes Habitat Restoration Project