Exhibit A-7 - Tree Maintenance Policy signed_2023.07.24.pdf

PUBLIC WORKS DEPARTMENT

TREE MAINTENANCE

PROPOSED POLICY

July 24, 2023

RFP PW25-648

Exhibit A-7

Table of Contents

Section Page

1. Purpose

1.1 Introduction 1

2. Background

2.1 Tree Maintenance 1

3. Tree Removals

3.1. Street Tree Removal 2

3.2. Removal Conditions 2

3.3. Tree / Hardscape Conflicts 4

3.4. City Trees and Shrubs Damaging Private Property 4

3.5. Removal to Accommodate Private Construction Projects / Tree Removals at Property Owner’s Expense 5

3.6. Tree Removal Appeals 6

4. Tree Planting

4.1. Guidelines 6

4.2. Tree Replacement during Capital Improvement Projects 7

5. Private Trees

5.1. Private Trees Obstructing Public Property 7

5.2. Private Trees and Shrubs Damaging Public Property 7

6. Coastal Zone

6.1. Requirements 8

6.2. Tree Trimming During Non-Breeding and Non-Nesting Season 8

6.3. Tree Trimming or Removal During Breeding and Nesting Season 10

6.4. Tree Removal in the Coastal Zone 10

6.5. Reporting 11

6.6. Coastal Zone Nesting Reporting Form 11

1.0 Purpose

1.1 Introduction

It is the intent of the following provisions to recognize and underscore the importance of the trees, urban forest, environmental sustainability, and to preserve the trees of our City for future generations.

The purpose of this Tree Maintenance Policy is to provide guidelines to administer Section 14.28 of the Long Beach Municipal Code, to preserve and protect the community’s urban forest, health and safety of City trees from the time they are planted through maturity, public safety, wildlife habitat and property.

Guidelines are included for planting, maintenance, and removal of street trees located in the public right-of-way (the area between the curb and the sidewalk known as parkways and median islands). This policy is intended to be used as a reference by City staff, citizens, and private contractors for tree-related decisions in the public right-of-way in the City of Long Beach.

2.0 Background

2.1 Tree Maintenance

There are over 100 varieties of street trees in the City of Long Beach. Each species requires different care; some trees require a two-year pruning cycle while others require an eight-year cycle. Immediate trimming may be required on some trees to protect public safety, while other trees are identified for trimming as time and resources allow. There are also several trees within the city that require special handling, for reasons including species, age, or proximity to buildings or power lines. Utility companies, under their franchise agreements, have the right to trim a City tree when it poses a hazard to their infrastructure.

The Public Works Department is responsible for trimming trees in the public right-of-way. Parks Recreation and Marine Department is responsible for trimming trees within public parks and marinas. Each year, City funds are budgeted for tree trimming services. Trims related to safety (tree limbs that interfere with safe passage of vehicles or pedestrians) are scheduled immediately. Other trims are scheduled as funds are available. All trees are trimmed in accordance with criteria set by the International Society of Arboriculture, the National Arborist Association, and the American National Standards Institute. This means that trees limbs are selectively removed to “air out” the tree to encourage good development and preserve its health, structure, and natural appearance. The City will not allow its crews or contractors to perform topping, heading back, stubbing, lion tailing, or pollarding, unless in very limited circumstances where recommended by a certified arborist and approved by a City arborist.

RFP PW25-648

If a property owner wishes to have a parkway tree trimmed sooner than the City can schedule it, they may request and complete an application for a Permit to Trim a Street Tree. The property owner shall be responsible for the tree trimming and for all related costs, including cleanup. A City-approved, licensed, bonded, and insured contractor must do the actual trimming.

Work performed on any City tree must be done according to City specifications.

Topping, heading back, stubbing, lion tailing, or pollarding are prohibited. See section 14.28.040 of the Long Beach Municipal Code (LBMC) for more details.

3.0 Tree Removals

3.1 Street Tree Removal

The City recognizes the value and appeal of a viable urban forest and promotes not only the conservation but also the addition to the urban forest canopy in the constantly evolving and complex biological setting that the City landscape provides. The City recognizes that there is no perfect tree for all situations and that site conditions and community preferences, along with biological constraints, are all involved in tree selection and maintenance.

The conservation of City trees, especially those in parkways, is a collaboration between the City and its individual residents. Property owners and/or their tenants are required to care for and properly maintain their parkway trees and report any damaged or suspected diseased trees to the Public Works Department.

The City’s priority is to correct situations that may call for removal of City trees.

However, as trees and neighborhoods mature, removal and replacement may become necessary. In general, the City will only remove or allow removal of a street tree if it is dead, dying, diseased, uprooted, damaged and in danger of falling, or where severe tree root-damaged streets, sidewalks and curbing cannot otherwise be safely corrected. The City at its discretion reserves the right to remove trees to preserve life and property or address immediate risks to safety.

The City will not allow removal of a tree solely because of leaf, flower, berry debris, or personal preference. The Director of Public Works or their designee is authorized to approve or deny all tree removal requests.

3.2 Removal Conditions

The determination of a tree’s condition and removal will be made by a City-employed Certified Arborist. Removal of a street tree may be considered for the following reasons:

1. The tree is dead, dying, critically diseased or damaged beyond reasonable repair.

2. The tree is in danger of falling or uprooting.

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3. There is a recognized danger of falling or dropping limbs, which, combined with other factors such as high winds, makes corrective measures non-cost effective.

4. The tree is competing for light or space with adjacent trees that are more valuable because of their potential longer life, attractiveness, and/or hardier growth.

5. The tree is host to aggressive, life-threatening disease or pests that threaten to spread to other trees.

6. The tree is in decline and is estimated to have less than two years of life remaining.

7. The tree is damaging vital infrastructure such as a sewer line, water line, gas or electrical conduit, or is causing significant right-of-way or other structural damage and such damage could not be repaired without affecting the structural integrity of the tree or removing the tree.

8. The Director of Public Works or their designee has made the determination that the removal is required to accommodate a City approved infrastructure improvement.

Unless the tree is causing or has the potential to cause an immediate hazard, or is preventing the repair of an essential utility service or infrastructure improvements, the following notice procedure will be utilized prior to a tree removal:

1. The tree shall be inspected by a certified arborist and a written determination made that the tree needs to be removed.

2. City staff shall post the tree and issue notices to all property owners within 300 feet as well as the Council District office of the pending tree removal. The tree shall be removed if no appeals are filed within 10 working days of the tree posting.

3. If an appeal is submitted, it shall be heard by a Tree Committee designated by the Public Works Director.

In the cases where a significant number of trees on a block are designated for removal, the City will work with property owners on a staged removal plan.

For removals being requested by a property owner due to re-occurring utility damage caused by the tree, the property owner shall provide proof of such damage, verified with invoiced costs of repairs completed by a licensed contractor.

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3.3 Tree / Hardscape Conflicts

The following guidelines have been established for correcting potentially hazardous situations that result from tree roots disturbing nearby hardscape (sidewalks, curbs, etc.):

Hardscape damage on a public property may require patching with a temporary asphalt ramp to be followed by permanent repair of the area as funds become available. All reported offsets/deviations will be patched.

Hardscape damage on public property that creates a public safety hazard will be scheduled for repair, as funds are available. The following procedures for the removal of street trees as part of a street or sidewalk reconstruction project shall apply:

1. The tree shall be inspected by a certified arborist and a written determination made that the proposed street or sidewalk work cannot be accomplished as planned without permanent damage to the tree resulting in the tree becoming unstable or causing its demise, or the tree has significantly re-damaged a street or sidewalk repaired within the previous 36 months.

2. City staff shall make a determination that the proposed improvement plans cannot be altered to avoid tree removal (i.e.: sidewalk routed around the tree with an easement granted by the adjoining property owner).

3. City staff shall post the tree and issue notices to all property owners within 300 feet as well as the Council District office of the pending tree removal. The tree shall be removed if no appeals are filed within 10 working days of the tree posting.

4. If an appeal is submitted, it shall be heard by a Tree Committee designated by the Public Works Director.

3.4 City Trees and Shrubs Damaging Private Property

If private property damage occurs as a direct result of a City tree, the property owner is responsible for filing a claim for damages with the City. Claim forms for such damages are available from the City Clerk by calling (562) 570-6101 or by visiting their website (https://www.longbeach.gov/cityclerk/services/claim-form/).

City staff will inspect and advise, upon request. If the damage is on private property and is not caused by a City-owned tree, the City is not responsible for damages or repairs.

RFP PW25-648

Exhibit A-7 https://www.longbeach.gov/cityclerk/services/claim-form/

3.5 Removal to Accommodate Private Construction Projects / Tree Removals at Property Owner’s Expense

Removal of a street tree at the property owner’s expense may be considered if the property owner agrees to all the applicable conditions outlined below. Property owners wishing removal of a parkway tree shall request and complete an Arborist Inspection Request to Remove Street Tree(s).

1. The private construction plan is a City Approved Plan and it shows that the existing City (parkway) tree has a direct impact on the design and function of the proposed project. The City Approved Construction Plan must be submitted with the request to remove tree(s).

2. The property owner will pay all removal costs, including site cleanup, make any necessary repair of hardscape damage, and replace the tree. Single-family residences will be required to replant an approved 15-gallon tree, or larger (upon request), in an appropriate area of the parkway. All fees collected for tree replacement will be per the City’s approved Master Fee Schedule, used solely for the enhancement of the urban forest program.

Any property other than a single-family residence will be required to plant an approved 36-inch boxed tree or larger in an appropriate area of the parkway as well as pay for the equivalent of one (1) 36-inch boxed tree to be planted elsewhere in the City. All fees collected for tree replacement will be per the City’s approved Master Fee Schedule, used solely for the enhancement of the urban forest program.

3. The tree, stump and debris are to be removed by a City-approved, licensed, bonded, and insured contractor. If the sidewalk, curb and/or gutter or any infrastructure is damaged by the contractor while removing the tree (final conditions will be inspected by the City), the property owner agrees to have all damages repaired within forty-five (45) days after tree removal. If the property owner fails to make repairs, the property owner will be assessed the full value of the tree based on ISA standards. The property owner will be required to replant a tree if the parkway space is available. If the request is granted, the property owner will be required to do the following:

a. The property owner must complete all permits, provide a bond for completion, and secure a City-approved, licensed, bonded and insured contractor.

b. The property owner must notify the City Council District Office and any formally organized neighborhood association in writing, with a copy to the Department of Public Works, of their request to remove the tree.

c. The City will post the tree and issue 10-day notices to all property owners within 300 feet of the tree.

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Tree may be removed if no appeals are filed within 10 days of the tree removal posting and the Tree Removal Agreement has been approved and all fees have been paid.

3.6 Tree Removal Appeals

The appeal of denied request to have a tree removed will be heard by a Tree Advisory Committee who makes recommendations to the Director of Public Works.

4.0 Tree Planting

4.1 Guidelines

The Public Works Department is responsible for all tree plantings in City parkways, medians, and in the public right-of-way. In an effort to restock and enhance the City’s urban forest, the Public Works Department, subject to funding availability, will plant trees in areas where trees have been lost due to disease, age, weather, or infrastructure damage. The cooperation of adjacent property owners in care of newly planted trees will be encouraged.

To supplement City-funded tree replacement activity, the City will endeavor to work with neighborhood and non-profit organizations to obtain additional resources and coordinate neighborhood-planting efforts.

Trees to be planted shall be on the Approved Street Tree List (https://www.longbeach.gov/globalassets/pw/media-library/documents/services/services/street-trees/approved-tree-list) and must be appropriate for the specific planting site. No tree shall be planted closer than 25 feet to another tree unless a City Arborist has determined that a lesser distance will not impact the growth or health of the tree, or closer than 15 feet to any utility pole or light standard, or nearer than 5 feet to any fire hydrant, water meter, or gas meter, or closer than 20 feet to the curb radius centers of any street intersection.

No tree shall be planted in a planting strip that is less than 30 inches in width between the sidewalk and curb, except upon the approval of the Director of Public Works. Since after five years a 15-gallon tree will be larger and healthier than a 24-inch or 36-inch boxed tree, the preferred tree size shall be 15-gallon.

If a property owner wishes to plant a tree on an adjacent parkway, they shall obtain a Permit to Plant Street Trees from the Public Works Department. The permit provides the means for the City to work with the property owner to insure that the proper tree is selected, planted in the appropriate location, and added to the City’s tree inventory for future maintenance work. As part of the completion and approval of the permit, the property owner shall agree to bear all costs and liabilities associated with the planting(s) and ensure that any contractor used is licensed by the City. Property owners shall also be responsible for watering and fertilizing the tree to ensure its healthy growth. See section 14.28.010 of the LBMC for more details.

https://www.longbeach.gov/globalassets/pw/media-library/documents/services/services/street-trees/approved-tree-list https://www.longbeach.gov/globalassets/pw/media-library/documents/services/services/street-trees/approved-tree-list

Trees planted without a permit that are considered undesirable (not on the Approved Street Tree List) will result in the property owner being required to remove and replace the tree with a tree on the Approved Street Tree List. Failure to comply will result in the removal of the tree by the City, at the property owner’s expense. See section 14.28.090 of the LBMC for more details.

4.2 Tree Replacement during Capital Improvement Program Projects

PW estimates removing 300 street trees annually as part of the Capital Improvement Program (CIP). While the Department’s previous policy did not require immediate tree replacement when removed as part of CIP projects, PW has begun implementing a one-to-one tree replacement requirement for CIP projects. The policy requires tree removal only if replacement is feasible without significant challenges. PW is incorporating this policy into the City’s standard construction documents. While this will increase the cost of delivering projects, increases are anticipated to be minimal.

Removal of a public tree during a CIP Project will be funded by the project as allowable by the funding source. This includes site cleanup, any necessary repair of hardscape damage, and replacing the tree with a city-approved tree. If the project design cannot accommodate replacement of the tree, the project will pay for a tree to be planted elsewhere in the city, as allowable by the funding source.

All fees collected for tree replacement will be placed in a designated Tree Fund, used solely for the enhancement of the urban forest program.

5.0 Private Trees

5.1 Private Trees Obstructing Public Property

Any tree, shrub, or plant located on private property infested with disease or insects which, in the opinion of the Director of Public Works, is infectious and may spread such disease or insects to other trees or shrubs in the City, shall constitute a public nuisance.

Any tree, shrub, or plant growing or standing on private property in such a manner that any portion interferes with utility poles, lines, wire, or electroliers lawfully erected or maintained along any public street or sidewalk, or restricts the flow of traffic or visibility of such street, sidewalk, or intersection, or any such tree which has become diseased or weakened in such a manner as to be dangerous to persons lawfully using the streets or sidewalks shall constitute a public nuisance.

The Director of Public Works shall cause notice to be served upon the property owner directing that the public nuisance be removed or abated within seven (7) days. If the public nuisance is not abated or removed within seven (7) days after notice is served, the Director is granted authority to direct Public Works employees to enter the property and spray, trim, prune, treat, or remove all or any part of the tree or shrub determined to be infested or to otherwise abate or cause to be abated

RFP PW25-648

the public nuisance. The Director shall determine the cost of the work performed by the City employees and bill the property owner the cost of the work performed.

5.2 Private Trees and Shrubs Damaging Public Property

If a private tree, shrub, or other plant material causes damage to public property including sidewalks, curbs, gutters, streets, and alleys, repair of damaged areas is the responsibility of the abutting property owner. The property owner is required to obtain a Permit from the Public Works Department, prior to making any repairs. If the property owner fails to make proper repairs, the City, at the owner’s expense, will make repairs.

6.0 Coastal Zone

6.1 Requirements

The California Coastal Commission approved Local Coastal Development Permit (LCDP) #21-015 authorizing tree maintenance activities within the local and appealable areas of the Coastal Zone, and Coastal Development Permit #5-08- 187 (https://documents.coastal.ca.gov/reports/2009/2/W23b-2-2009.pdf) within the State area of the Coastal Zone.

A small portion of the City lays within the California Coastal Zone. The coastal zone in Long Beach is specifically defined in the Map of Long Beach Trees in the Coastal Zone, and subdivided into the City Jurisdiction, Appealable Area, and State Permit Jurisdiction. As defined by the California Coastal Act and U.S. Migratory Bird Treaty Act, this zone has restrictions on the City’s tree maintenance policy related to bird activity and nesting habitat. All City crews and contractors working in the public right-of-way shall adhere to all City and State Coastal Zone requirements.

Prior to engaging in any tree maintenance activity, all City crews and contractors to be working in the public right-of-way within the Coastal Zone including, but not limited to, supervisors, arborists, and tree workers are to attend training on Coastal Zone compliant procedures led by the City.

Within the Coastal Zone, the trimming or removal of any tree shall be undertaken in compliance with all applicable codes or regulations of Local Coastal Development Permit #21-015, Coastal Development Permit #5-08-187, the California Coastal Act, California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the U.S. Migratory Bird Treaty Act, and shall be conducted under the parameters described in this section. An annual monitoring report shall be made for all tree removals and replacements in the Coastal Zone.

6.2 Tree Trimming or Removal During Non-Breeding and Non-Nesting Season (October through December)

Prior to the scheduled rotation of tree trimming (at the grid-level) during non-breeding and non-nesting season, a survey of active breeding and nesting activity

RFP PW25-648

Exhibit A-7 https://documents.coastal.ca.gov/reports/2009/2/W23b-2-2009.pdf shall be conducted during the nesting season. The survey shall be conducted by a qualified biologist or ornithologist. This breeding season survey shall be in addition to any surveys done during non-nesting season for that grid prior to tree trimming activity. The results of this survey shall be logged in a database of survey reports as record of breeding, roosting, and nesting trees. Trees or branches which have been documented to have been used for nesting or roosting anytime within the last five years shall not be trimmed or disturbed unless a health and safety danger exists.

Prior to any tree trimming or removal during the non-breeding and non-nesting season, defined as the period from October through December, a qualified biologist or ornithologist shall conduct a survey of trees scheduled to be trimmed or removed to detect any bird activity and submit a report to the City. All City crews and contractors shall not conduct any tree trimming or removal in the Coastal Zone until this report is provided to the City, and the City subsequently provides a Notice to Proceed.

Upon scheduling a grid to be trimmed, notices shall be posted on all affected trees prior to and during the trimming and include the contact information for a representative of the Department of Public Works or Department of Parks, Recreation, and Marine, as appropriate. For tree removals, notices shall be posted and issued to all property owners within 300 feet of the subject tree as well as the Council District office. Appeals may be filed within 10 working days of the tree posting.

After the Notice To Proceed is issued, conditions discovered while in the field and possible determination of bird activity may require complete demobilization or change of tree trimming operations at the City's direction. No Parking signs for tree trimming shall be posted on each tree 24 hours prior to trimming. Each sign shall contain, at a minimum, the following information: The date the tree is scheduled to be trimmed, the City Department authorizing the parking restriction, Name and phone number of the individual to contact with questions or concerns.

If a nest is found within a tree, all trimming activity shall cease within that tree and within 300 feet of the nest. A qualified biologist or ornithologist shall assess the situation and determine if the nest is active and provide recommendations accordingly. No further trimming shall take place within the tree with a nest and the database of nesting trees shall be updated to include the respective tree. The amount of trimming at any one time shall be limited to preserve the suitability of the nesting tree for breeding and/or nesting habitat. All tree trimming activities shall be in compliance with the tree pruning standards established by the American National Standards Institute (ANSI) recognized by the International Society of Arboriculture (ANSI A300 Part 1: Tree, Shrub, and other Woody Plant Maintenance

– Standard Practices, Pruning.). Palm fronds shall not be trimmed above a horizontal plane parallel with the road.

In the event that any birds continue to occupy trees during the non-nesting season

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or any evidence of courtship exists, a qualified biologist or ornithologist shall assess the site and determine an appropriate buffer zone. No work shall take place in the buffer zone until courtship behavior has ceased.

6.3 Tree Trimming or Removal During Breeding and Nesting Season (January through September)

If tree trimming or removal activities cannot feasibly avoid the breeding season because a health and/or safety danger exists, the following guidelines must be followed:

A qualified biologist or ornithologist, to be contracted by the City, shall conduct a survey of trees scheduled to be trimmed or removed, to detect any bird activity or nesting behavior in or within 300 feet of the work area and submit a report to the City. A tree trimming or removal plan shall be prepared by the City. This plan shall include:

1. A description of how work will occur.

2. Work must be performed using non-mechanized hand tools to the maximum extent feasible.

3. Limits of tree trimming and/or removal shall be established in the field with flagging and stakes or construction fencing.

4. Steps shall be taken to ensure that tree trimming will be the minimum necessary to address the health and safety danger while avoiding or minimizing impacts to breeding and nesting birds and their habitat.

All tree trimming and tree removal shall be conducted in strict compliance with Local, State, and Federal policy. All trimmings must be removed from the site at the end of the business day and disposed of at an appropriate location. Any proposed change or deviation by City crews or contractors from the approved Notice To Proceed work plan must be submitted for review and approval by the Program Manager.

6.4 Tree Removal in the Coastal Zone

Prior to tree removal allowed under the Coastal Zone permits, Public Works shall provide documentation to the Department of Development Services to demonstrate compliance with all Conditions for Approval for the Coastal Zone permits. All documentation shall remain on file with Public Works and Development Services. The removal of any breeding or nesting tree shall require replacement at a 1:1 ratio, unless it was known have supported nesting, which would require replacement at a 2:1 ratio. All tree replacements shall follow the guidelines stated in LCDP #21-015.

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6.5 Reporting

Upon completion of a survey for breeding and nesting activity in the Coastal Zone, Public Works shall submit the report for the review of the Executive Director of the Coastal Commission, Director of the Department of Public Works, Director of the Department of Parks, Recreation, and Marine, and a representative of the Audubon Society. Reports will also be logged in a City-maintained database as a record of breeding, roosting, and nesting trees. Information from this database will be available to the public upon request.

Additional surveys of trees in the Coastal Zone may be done annually during nesting season by trained volunteers under the supervision of qualified person/s (biologist, ornithologist, or recognized bird watchers, i.e., representative from the Audubon Society). This information may be submitted as proof of nesting/roosting sites to the City for inclusion in the City’s database. All volunteer reports of nesting activity must include time-stamped photos/videos which show nests, birds, and exact location of trees using City tree database numbering.

6.6 Coastal Zone Nesting Reporting Form

Public Works also has available a Nesting Reporting Form for individuals to submit reports of nesting/roosting activity in City-maintained trees. The City Arborist maintains the Public Works Nesting Database. To email or mail a report of a bird nest, complete the Coastal Zone Nesting Reporting Form (Coastal Zone Nesting Reporting Form (longbeach.gov)) and follow submission guidelines. Information will be subject to verification by qualified person/s and a site visit could be required.

Approved: 7/24/23

Eric Lopez, Director of Public Works Date

P:/PSB/Street Operations/CCC/Policy/Tree Maintenance Policy

RFP PW25-648

Exhibit A-7 https://longbeach.gov/pw/services/public-trees/coastal-zone-nesting-reporting-form/ https://longbeach.gov/pw/services/public-trees/coastal-zone-nesting-reporting-form/