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HomeMy WebLinkAboutMin - BC - 2020.09.03BURLINGAME BEAUTIFICATION COMMISSION Approved Minutes September 3, 2020 The regularly scheduled meeting of the Beautification Commission was called to order via Zoom at 6:30 pm by Commissioner Kearney. ROLL CALL Present: Commissioners Kirchner, Kearney, Hunt, Dinuri, and Bauer Absent: None Staff. Parks and Recreation Director Glomstad, City Arborist/Parks Superintendent Disco and Recording Secretary Borba Others: None MINUTES Commissioner Bauer made a motion to approve the August 6, 2020 minutes. The motion was seconded by Commissioner Kirchner and was approved 5-0. CORRESPONDENCE None PUBLIC COMMENT None OLD BUSINESS None NEW BUSINESS 1. Appeal to the Denied Removal of a Redwood Tree at 1268 Cortez Avenue Commissioner Kearney read the Order of Business for appeals. Director Glomstad read the staff report. Commissioner Questions Commissioner Kirchner inquired if pruning to an ANSI level is what's acceptable. Arborist Disco said that it was. Commissioner Kirchner asked if that was an option for this Redwood. Arborist Disco replied it is an option. Commission Kirchner stated that limb failure is a characteristic of Redwoods. He inquired if the heat, drought and proximity to the creek could contribute to limb failure on this Redwood. Arborist Disco did not know how relevant those factors are to limb failure in this Redwood. Commissioner Hunt inquired why this Redwood tree is losing limbs. Arborist Disco stated that his assumption was the limbs are heavy. Commissioner Dinuri inquired as to how often a Redwood Tree should be trimmed. Arborist Disco stated private Redwood trees should be trimmed on a 5-8 year schedule. Commissioner Dinuri asked if the tree could be trimmed more than the ANSI standards. Arborist Disco stated it could be trimmed more than the standard, and the tree could require trimming above the standard more than once. Commissioner Kearney stated the diagram in the appeal packet noted a couple of other Redwood trees on the property. She inquired if the City Arborist looked at those trees when inspecting the Redwood in question. Arborist Disco stated he only looked at the Redwood on the Protected Tree Removal Permit. Public Comments Lindsay Bierbrauer lives at 1266 Cortez Avenue and has lived there for nine years. Ms. Bierbrauer stated it was her children who were nearly hit by a 19-foot branch that dropped from the Redwood tree. She explained her request is about safety. When she and her husband purchased the property, they had a reasonable expectation that their children could play in the backyard and not have to worry about falling limbs. She said that Arborist Keilty stated the tree is healthy, but with continued pruning, there is no guarantee that the tree wouldn't continue to drop limbs. Ms. Bierbrauer stated their children are young, and they play in the backyard every day, and they are terrified another branch will fall. She said that Arborist Keilty said our yards are not big enough to create an exclusion zone. Ms. Bierbrauer implored the Commissioners to consider the hazard this Redwood poses to anyone in their backyard; there is no warning when the tree is going to drop a limb. She requested that the Commission not put this Redwood tree over the safety of human life. Nick Stipinovich, at 1266 Cortez Avenue, stated that the tree hangs significantly into his yard, and he said that it is inevitable that when it loses its next limb, it could strike one of his children; there is no part of his yard safe from limbs dropping. Mr. Stipinovich stated he has been dealing with the Redwood dropping limbs for years. He noted the last limb to come down was too close to his children, and that is why he is here today. Appellant Deva and Gabe Dalport, at 1268 Cortez Avenue, stated when they bought the property, one of the things that drew them to the property was how well -forested it was. Several months after they moved in, the Redwood dropped a giant limb, which was alarming to them, and serval months later, the tree dropped another large limb, which prompted them to have the tree trimmed. Three months after the tree was trimmed, it dropped another large limb, and then the most recent limb dropped in their neighbor's yard. When they spoke to the tree trimming company and Arborist Keilty, they both stated the tree was trimmed properly and has been maintained. The Dalport's stated they are parents to two children and cannot in good conscious have a tree in their yard that could hurt or kill a child. They said it was unacceptable. Mr. Dalporto noted that the arborist explained the Redwood tree is close to the creek, and the tree consumes a lot of water, and when it gets hot, the water expands and creates cracks in the branches, which causes the branch failure. He explained the tree dropped limbs multiple times a year, and you never know when it will happen. There is no safe time to be in the backyard, and the children are scared to be there. The Dalport's stated their children should have a safe place to play in their own backyard, especially during COVID. Commissioner Discussion Arborist Disco commented on two statements the appellant made if the tree is trimmed, it will not guarantee limbs will not fall. He agreed that the roots of the Redwood could suck up water, and when the temperature rises and the water expands inside the tree, it can cause limbs to crack and drop, known as Sudden Limb Loss. Commissioner Kirchner stated all of the neighbors are in favor of removal of the Redwood, and no one is fighting to keep it. The tree is healthy and does not meet any of the criteria for removal. The level two arborist report by Kevin Keilty stated that this tree is dropping limbs, and the only remedy would be removal of the tree. Commissioner Bauer asked the City Arborist if there was a precedent for removing trees due to Sudden Limb Loss. Arborist Disco responded he had removed trees due to Sudden Limb Loss, usually liquidambars. Commissioner Bauer stated she would want her children to be able to play in the backyard safely. She noted that the applicants had done everything they can to try to prevent the limbs from falling, and yet it continues to do so. In addition, they had agreed to replant a tree that would be safer. Commissioner Kearney stated that she agreed with Commissioners Kirchner. She commented that safety is her concern. She noted that the diagram included in the appeal packet showed quite a few trees in the backyard, and she felt that the property would still be quite wooded if the Redwood were removed. Her primary concern is safety. Commissioner Hunt stated that she shares the same concerns as the rest of the commissioners. She stated it frightens her to think that children could be injured. Commissioner Hunt suggested that the decision be postponed until another tree service could look at the tree and suggest other trimming options. Commissioner Dinuri stated she agreed with all her fellow Commissioners. She stated it is a concern that children are around this tree, and limbs are falling. She explained it is a hard decision because it is a big beautiful, healthy Redwood tree. She stated she understands the appellants have trimmed the tree, and it still continues to lose limbs. Commissioner Dinuri asked Arborist Disco if there was an option to trim more of the tree and what it would entail for the homeowners. Arborist Disco stated that a permit could be issued to perform a significant trim, more than 25% of the crown, but it is also a question of cost to the homeowner. He stated that significant trimming would still not guarantee the tree would not drop limbs. Commission Dinuri stated that the safety of the children is very important, which makes this a hard decision. Commissioner Kirchner made a motion to uphold the appeal based on the new information provided by the independent arborist and referenced Chapter 11.06.060 (d) (1) of the Municipal Code and required that one 24" box sized tree to be planted. Commissioner Bauer seconded the motion. Motion passed 5 (Kearney, Kirchner, Dinuri, Hunt, and Bauer) - 0. REPORTS 1. Director Glomstad Director Glomstad stated that she, along with Arborist Disco and Secretary Borba are updating the Urban Forest Management Plan (UFMP). She informed the Commissioners that the Solar Shade Acts information will need to be added to the UFMP and that Commissioners Bauer and Dinuri were assigned this task at the December meeting. She requested that the Commission review the current UFMP and bring their suggestions to the next meeting. Arborist Disco stated that the UFMP would be emailed to the Commissioners next week for their review. He noted that the plan was to have the updated document ready for Council approval in January 20201. Director Glomstad stated that the Community Center updates are posted on the City Website under facilities/projects/Community Center. She informed the Commissioners that there is good information there regarding the progress of the Community Center. Director Glomstad informed the Commissioners that the Recreation Division has already done the signups for fall sports for BIS age children, and registration for school -age children will start next week. She stated that the Recreation Division is also offering care opportunities from 3 pm-6 pm after school at the portable buildings, and Village Park Preschool started this week, three classes at capacity. 2. Parks Superintendent/City Arborist None 3. Commissioner Hunt None 4. Commissioner Bauer None 5. Commissioner Kirchner None 6. Commissioner Kearney None 7. Commissioner Dinuri None The next Beautification Commission meeting is October 1, 2020. There being no further business, the meeting adjourned at 7:28 pm. Respectfully submitted, Gina Borba Administrative Staff