TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. Subject
title
Memorandum of Agreement between the City of Orange and the Mabury Ranch Homeowner’s Association for tree maintenance.
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2. Summary
The City of Orange and the Mabury Ranch Homeowner’s Association recognize the importance of maintaining trees within the Mabury Ranch community public right of way for the safety, aesthetic, and environmental benefits it provides. Staff is recommending the approval of a memorandum of agreement with MRHOA for tree maintenance at an initial cost of $99,000, and an ongoing tree maintenance cost of $5,000 annually.
3. Recommended Action
recommendation
Approve the Memorandum of Agreement with Mabury Ranch Homeowner’s Association for tree maintenance at an initial cost of $99,000, and an ongoing tree maintenance cost of $5,000 annually.
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4. Fiscal Impact
Upon approval of the appropriation, the initial expense for this Memorandum of Agreement for $99,000 will utilize one-time salary savings, with an additional ongoing annual cost of $5,000 to be funded through General Fund.
5. Strategic Plan Goals
Goal 5: Improve Infrastructure, Mobility, and Technology
Objective 5.9: Identify costs and funding associated with maintaining new amenities
6. Discussion and Background
The Mabury Ranch Homeowner Association (MRHOA) tract was built in 1977, and as part of the development and its Covenants, Conditions, and Restrictions (CC&R) the 227 trees within the public right of way must be maintained by the MRHOA. Since the tract’s inception, the MRHOA has been maintaining these public right of way trees.
The MRHOA is requesting that the City assume maintenance of these 227 trees in consistency with our Orange Municipal Code Chapter 12.2 that identifies maintenance responsibilities for trees within the public right of way. The City’s Arborist, as part of the assessment of the MRHOA trees, has completed a risk assessment of all 227 trees. As a result of that assessment, over half of the 227 trees do not adhere to the City’s guidelines and International Society of Arboriculture (ISA) standards. Many of the trees are too close to walls and do not have proper spacing requirements, resulting in crossing canopies and insufficient soil volume for proper root growth. Other trees are planted in substandard tree wells that are insufficient for the size of the tree. In addition, these trees have not been pruned to the City guidelines, specifications, and ISA standards. Many of these trees are observed to have structural defects, some of which are severe defects. Further, approximately half of the trees tagged for removal are Eucalyptus trees. These trees are known to typically sustain failure without any signs of defect, which can create a safety hazard. As a result, staff is recommending the following removals for 127 trees and an initial trim for the remaining 100 trees to attempt to correct deficient trimming and to establish a maintenance history for the tree.
|
Location |
Canary Island Pines |
Eucalyptus |
Elms |
Crape Myrtle |
Liquid Amber |
Braford Pears |
Total Removal |
Total Initial Pruning |
|
Cannon St. |
22 |
6 |
|
|
|
|
|
28 |
|
Serrano Ave. |
62 |
10 |
|
13 |
|
|
72 |
13 |
|
Mt. Mckindley Blvd. |
|
22 |
5 |
|
|
|
22 |
5 |
|
Yellowstone Blvd. |
|
21 |
21 |
|
2 |
|
21 |
23 |
|
Orange Park Blvd. |
|
5 |
|
|
22 |
9 |
5 |
31 |
|
Taft Extension |
|
7 |
|
|
|
|
7 |
|
|
|
|
|
|
|
|
Total |
127 |
100 |
|
|
|
|
|
|
|
|
|
|
The removal cost is estimated at $80,000 for the 127 trees. The remaining 100 trees will require a special trim per the City Arborist’s direction for an estimated cost of $19,000. Due to the existing landscape and surrounding infrastructure, replanting options are limited, however, staff will endeavor to replace trees where suitable within our existing tree planning program.
By approving this agreement, MRHOA agrees to indemnify the City from all liability arising out of and associated with those trees that used to be maintained by MRHOA as identified in the agreement for a period of two years. In addition, MRHOA will reimburse the City not to exceed $16,000 or the cost of the initial pruning of the 100 trees.
MRHOA has an interest in the replanting of trees in and adjacent to the Mabury Ranch community. MRHOA will reimburse the City up to $5,000 in 2025 and another additional $5,000 in 2026 for replanting. Any trees planted will remain the maintenance obligation of the City.
7. ATTACHMENTS
• Memorandum of Agreement