Everett Tree Committee

CITY OF EVERETT BOARD OF PARK COMMISSIONERS AND TREE COMMITTEE MEETING Tuesday, October 1, 2019 6:00 P.M. Spruce Hall Roll Call Adoption of Meeting Agenda Acceptance of Minutes: September 3, 2019 Park Board/Tree Committee Member Reports 20 minutes Parks Director Comments 5 minutes Council Liaison Report 10 minutes Citizen Comments 5 minutes Tree Committee Staff Reports 15 minutes DISCUSSION Facility Use Policy – Proposed Revisions 15 minutes Annual Retreat Planning 15 minutes Tree Ordinance Revisions Review - Continued 15 minutes Tree Committee - Education Opportunities & Prioritization Update 10 minutes INFORMATIONAL Department Update 10 minutes Other Business Adjourn Next Meeting November 5, 2019 Spruce Hall in Forest Park MISSION STATEMENT: “The Parks and Recreation mission is to bring all Everett citizens and visitors together on our common grounds and facilities. We provide a wide variety of quality recreational and park experiences that welcome everyone. We measure our success by customer satisfaction, efficiency and community development of our public spaces and recreation services that meet the values and needs of our citizens and visitors. We provide parks, play fields, recreation amenities, trails and pools that are attractive, clean, safe, and accessible.”  CITY OF EVERETT BOARD OF PARK COMMISSIONERS AND TREE COMMITTEE Tuesday, September 3, 2019 6:00 PM Spruce Hall The meeting was called to order at 6:03PM Board members present: Michael Yates (Chair), Tom Norcott, Linda War Bonnet, Sergiy Ryzhonkov, Laura McMurray, Katrina Lindahl Members not present: Megan Burger, Pamela Gerla, Council Liaison Brenda Stonecipher Staff present: Lori Cummings, Parks Director; Bob Leonard, Parks Asst Director; Kimberly Shelton, Parks Asst Director; Paul Crane, Public Works Environmental Permit Coord; Danielle Marks, Parks Admin Asst. Review and Acceptance of Minutes: Board chair asked for acceptance of the meeting minutes from July 2, 2019. Motion to approve the minutes of July 2, 2019. Motion/Second/Approved (m/s/a) unanimously to accept the minutes as presented from the meeting held July 2, 2019. Acceptance of Meeting Agenda: Board Chair asked for acceptance of the agenda as presented. Motion/Second/Approved (m/s/a) unanimously to accept the agenda for September 3, 2019 as presented. Member Reports Tom Norcott – Reported on the following: • The National Night Out event held at Howarth Park. It was estimated that over 100 turn out at this event. • The grass at Harborview Park that was planted after the path project was completed is taking well. • Shared his recent park visits. Sergiy Ryzhonkov – Inquired about the park located next to Boeing, which was confirmed as a Snohomish Country park, and mentioned it did not look well maintained. Linda McMurray – Shared that Seattle is in the process of changing their Tree Ordinance and asking for public engagement to help with this process. Katrina Lindahl – Shared that she attended a conference in Philadelphia and brought back a sample of an artificial play surface that has a natural wood chip look. She also shared the National Night Out event held at Garfield Park had a great turnout. Linda War Bonnet – Noted the following: • Recently Live in Everett Food Truck festival had reserved the Wetmore Plaza, received the permit for use of the Plaza but was unaware they needed additional permits for their event. It was noted the interdepartmental coordination between departments could be improved. • City of Seattle has decided not to use the Glyphosate pesticide in their parks. Michael Yates – Reported on the following: • The Bayside National Night Out event was held at Wetmore Plaza, and was well attended. It was held at Wetmore Plaza this year to create a new buzz, improve business participation and attendance. • Thanked Parks staff for the landscape changes made at Bayside Pea Patch to deter illicit activity. • Clark Park neighborhood group was asking for an update on the progress made around the Clark Park gazebo fencing. Park staff will schedule a meeting with Bayside neighborhood to provide an update after the Historical Commission meeting. • Shared of his recent visit to Jetty Island. Director Report Lori Cummings reported on the following: • Parks Director and staff visited quite a few National Night Out events. • Next month the Board will be asked to discuss an annual retreat. • The “Pack it out” practice in some parks seems to be working. It just seems as though it takes some time to get used to. Council Liaison Report Brenda Stonecipher – No report submitted. Citizen Comments Tina Hokanson of the Evergreen neighborhood was in attendance, shared her disappointment that the park at Morgan and Madison has not yet been completed. Parks staff explained that grant funding had been awarded to other projects which needed to take precedence due to the funding timeline outlined in the grant agreement or funding could be forfeited. She also hoped the webpage noting project progress, and other activities supporting projects, would be updated for citizen information. Park staff will update the webpage with a caveat that dates may change. Tree Committee Staff Report Public Works Tree Report, provided by Paul Crane A Tree Review Data report for June and July 2019 was provided to the board for feedback. It was noted Public Works is currently taking tree requests and will be planted this fall, once weather conditions become more favorable for planting. Parks Department Tree Report, provided by Bob Leonard Two trees located outside the outfield fencing at Jackson Park were removed due to root disease. Currently Parks staff is considering Sequioadendrons as a replacement. Fire Station 7 had five dead Western Red Cedars which caused some hardship to adjacent property owners. Remaining trees were limbed up. Two home owners had tree complaints adjacent to the Forest Park Preserve. The declining trees that were leaning toward the adjacent property were removed, as well as the Big leaf Maple with to mitigate risk. Discussion Items Tree Ordinance Revisions Review, presented by Bob Leonard Collective board discussion ensued about revisions to the current Tree Ordinance. Section 2 of the Tree Ordinance, Purpose and Intent, was discussed in length. Potential revisions were noted and will be summarized and presented to the board. Further discussions will be scheduled at the next Board of Park Commission and Tree Committee meeting. Tree Committee – Education Opportunities & Prioritization, presented by Lori Cummings The committee and board brainstormed tree specific educational opportunities and will prioritize a list of those ideas for 2020. More discuss will follow at the next board meeting to identify these educational opportunities and prioritize accordingly. Information Items Department Update, presented by Bob Leonard • Park staff shared updates on projects, programs and maintenance work that have gone to Council. • Glacier View Neighborhood Park is not the official name of the park adjacent to the new YMCA on Colby. A City Council sub-committee is currently reviewing the naming process. Other Business Meeting Adjourned @ 8:00pm Next meeting: October 1, 2019 in Spruce Hall at Forest Park Respectfully submitted, Danielle Marks Administrative Assistant  CITY OF EVERETT BOARD OF PARK COMMISSIONERS AND TREE COMMITTEE AGENDA ITEM COVER SHEET TITLE: Adoption Staff Kimberly Shelton Proposed Revisions of the Recommendation Phone 425-257-8305 Facility Use Policy Discussion Date October 1, 2019 Information Other DESCRIPTION SUMMARY: The City of Everett adopted a facility use policy in 1994 to establish policy and procedure guidelines as well as consistency in the operation and use of Parks & Community Services facilities. The policy was last revised in 2011 and adopted by the Board of Park Commissioners. RECOMMENDATION Discussion of recommended changes to the existing Facility Use Policy. Will return to Park Board in November for formal adoption.  POLICY and PROCEDURAL GUIDELINE Policy # R-F001 Subject: Chapter: Chapt/Functional Area Facility and Special Use 4 1 (ADM) Administration 2 (PKM) Park/Maintenance Effective Date: Page: Of: Number: 3 (PPS) January 1, 1994 1 8 R-F001 Proj/Plng/Structure 4 (REC) Recreation 5 (GLF) Golf Services Revised: September 6, 2019 Revised by: Kimberly Shelton Approved by: Supersedes: Assistant Director The Facility Use Manual Approved by: Lori Cummings, Park Board of Commissioners Executive Director Section Index: 1.0 Purpose 1.1 Reference 1.2 Application 2.0 Policy Statement 2.1 Definitions 3.0 Procedural Guidelines 4.0 Compliance Evaluation Criteria 5.0 Revision Criteria 1.0 Purpose To establish policy and procedural guidelines and, whenever possible, consistency in the operation and use of the City of Everett Parks and Community Services Department Facilities 1.1 Reference 1.1.1 Applicable Federal Codes and Regulations 1.1.2 Applicable Revised Codes of Washington 1.1.3 Applicable Municipal Codes 1.1.4 Park Codes 9.06.010 through 9.06.240 1.1.5 Everett Parks and Recreation Comprehensive Plan 2016–2035 1.1.6 Cost Benefit Policy Resolution No. 5972, City Council adopted December 19, 2007, reviewed in 2010, 2013, 2017 1.2 Application This policy applies to users of the City of Everett Parks and Community Services Department parks, facilities and designated areas that are open for public use. This C:\Users\dtodoroff\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\S89EV8QP\Draft of Recommended Changes to the Facility Use Policy and Procedure Guidelines 05.09.19.docx -1-  policy is meant to be a general guideline and there may be specific exceptions covered under separate Standard Operating Procedures (SOPs) for the use of certain locations 2.0 Policy Statement The City of Everett Parks and Community Services Department strives to provide appropriate recreational and public service opportunities to support the leisure, enrichment, and well-being of the citizens of the community The Everett Parks and Community Services Department has certain land and facilities under its jurisdiction. The Department desires that they be programmed to optimize usage by various stakeholders The Everett Parks and Community Services Department shall permit and encourage the use of the land and facilities under its jurisdiction for appropriate recreational and public service purposes, when such uses will not interfere with the Department’s activities. The Department favors uses that are expected to result in greater recreational and public service opportunities for citizens The US Department of the Interior prohibits discrimination on the basis of race, color, national origin, age or handicap in its federally assisted programs and activities. The Everett Parks and Community Services Department does not discriminate on the basis of disabilities in accordance with the American With Disabilities Act of 1990. Furthermore the Department does not discriminate on the basis of gender in accordance with Washington State Law and the Department’s Community Athletics Programs Non-Discrimination Policy Certain facilities and designated areas, under the jurisdiction of the Everett Parks and Community Services Department are required to generate revenue to cover all or part of their operating and maintenance costs. These facilities are subject to various fees and scheduling requirements and are covered under specific standard operating procedures, including the Department’s Cost Benefit Policy 2.1 Definitions per this Facility Use Policy and Procedural Guideline 2.1.1 Parks: A municipal park or a public park or open space, is a park owned by the City of Everett to offer recreation and green space to residents of, and visitors to Everett. 2.1.2 Facilities: Buildings, shelters, gazebos and rooms under the management and jurisdiction of the Everett Parks and Community Services Department that are available to be rented to the public C:\Users\dtodoroff\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\S89EV8QP\Draft of Recommended Changes to the Facility Use Policy and Procedure Guidelines 05.09.19.docx -2-  2.1.3 Designated Areas: Specific open spaces in parks that are prime locations to host large events and activities. Use of designated areas will frequently impede the Everett Parks & Community Services Department from renting other facilities and shelters within the same park at the same time 2.1.4 Amenities: Sport fields and/or courts, trails, docks, pools, beaches, spray pads, parking lots and playgrounds located within Everett Parks 2.1.5 Everett Resident (local): Individuals and/or organizations with a physical address located within the Everett City limits. In Everett, these addresses have zip codes of 98201, 98203, 98204 and 98208 2.1.6 Community Benefit: An event or activity is defined as having a community benefit if it is: • open to the public with no admission fees, and; • anticipated to be attended by at least 1,000 Everett residents, or; • celebrates and educates others of various cultures, lifestyles and hobbies (does not include personal celebrations or faith focused activities or events), or; 2.1.7 Recreation Activity: A recreation activity is defined as a fitness based activity or hobby that improves the quality of life for Everett residents. The activity is open to the public with no admission fees (does not include personal celebrations, faith focused activities or events or athletic rentals or tournaments) 2.1.8 Public Service Activity A public service activity is defined as an educational, informative or enrichment activity that improves the quality of life for Everett residents. The activity is open to the public with no admission fees (does not include personal celebrations or a faith focused activities or events) 2.1.9 Equitable Exchange For the purposes of this document, equitable exchange of facility or designated area use is defined as: C:\Users\dtodoroff\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\S89EV8QP\Draft of Recommended Changes to the Facility Use Policy and Procedure Guidelines 05.09.19.docx -3-  Everett Parks & Community Services Exchange Affiliated Association Department Monetary Pays 25% of market rate and demonstrates community Waives 75% of fees and provides space and benefit for their proposed event or activity opportunity for a community event or activity Volunteerism Pays no fee, but demonstrates community benefit and Provides space and opportunity for a provides an equitable exchange of Parks & Community community event or activity and receives Service specific volunteer hours toward the market rate of volunteer help in the Parks & Community the rental Services Department Facility Pays no fee, but demonstrates community benefit and Provides space and opportunity for a provides an equitable exchange in facility use community event or activity and receives facility access for Parks & Community Services Department programs or events 2.1.10 Volunteer Hours and Service Volunteer hours are calculated using the national rate published on the website “Independent Sector”. The value in 2019 is $25.43 per hour. For volunteer hours to count toward an equitable exchange, the project must be assigned by the Parks & Community Services Department and a log with names and hours must be signed and turned in at the Recreation Office by the affiliated association at least 14 days prior to the event date. Day of the event clean-up is required and hours may be logged toward the following years event 2.2 Use Classifications and Prioritization Order Reservations for facility and special uses are taken up to one year in advance. The Everett Parks & Community Services Department will first reserve space for department and City programs and ongoing annual community events, after that reservations are accepted on a first come, first serve basis. The policy information below outlines the fee structure for each category as well as the priority order if a conflict arises. 2.2.1 Category I - Parks and Community Service Department or City of Everett Use: All Parks & Community Service Department or City of Everett sponsored programs, events or activities shall have first priority of all city owned Parks, Facilities, Designated Areas and Amenities 2 .2.2 Category II – Public and Private Rentals: FULL FEES All public and private rentals of facilities (defined in 2.1.2) may be reserved on an “as available” basis and all fees shall be paid in full. This category includes all fundraisers whether for profit or not for profit. Rental fees may be waived if all proceeds from the fundraiser benefit the scholarship or donation funds for the Everett Parks & Community Services Department, Animal Shelter, Cultural C:\Users\dtodoroff\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\S89EV8QP\Draft of Recommended Changes to the Facility Use Policy and Procedure Guidelines 05.09.19.docx -4-  Arts or the Carl Gipson Senior Center. In these situations, the rental application is subject to approval by the Department Director or his/her designee and an estimated donation amount must be provided 2.2.3 Category III - Recreation or Public Service Activities: 50% FEES This category applies to organizations that are not affiliated by written agreement with the Parks and Community Services Department, but the event provides a recreation activity or public service activity (defined is 2.1.7 and 2.1.8). Fees are assessed at 50% of market rate for the facility or designated area being used 2.2.4 Category IV - Affiliated Associations: 25% FEES Affiliated Associations are organizations that partner with the Everett Parks & Community Services Department to expand the recreational, cultural, human or animal service opportunities for the citizens of Everett. Affiliated Associations enter into a written agreement with the Everett Parks & Community Services Department that outlines a mutually beneficial partnership or equitable exchange. An example of this type of partnership would be the existing facility partnership with the Everett School District that allocates use of the swimming pool, golf and athletic fields to the school district in exchange for gymnasium and classroom access for the Parks Department. Included in this category are neighborhood associations that are active with the City’s Office of Neighborhoods division. All Affiliated Associations must demonstrate community benefit (defined in 2.1.6) and the written agreements shall include: • the number of uses requested in the calendar year, and; • the days and hours of requested use, and; • the preferred facility, room or park location, and; • the preferred alternative location, date and time if a scheduled meeting must be moved. Everett Parks & Community Services reserves the right to reschedule Affiliated Association meetings or administrative events if a Category II opportunity exists that could earn the department full fees. Parks will not book Category II rentals over a planned annual event put on by an Affliliated Association. Parks will give at least 14 days notice if a meeting is needing to be relocated • the annual market value of the use (provided by City staff), and; • recommended method of equitable exchange (defined in 2.1.9 above) If an affiliated association cannot demonstrate community benefit or meet the equitable exchange guideline, than the organization will need to qualify under Category III or pay full rental fees 2.2.5 Category V – Expressive Activities: NO FEES C:\Users\dtodoroff\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\S89EV8QP\Draft of Recommended Changes to the Facility Use Policy and Procedure Guidelines 05.09.19.docx -5-  Expressive Activities support a citizens first amendment rights to free speech. The Everett Parks & Community Services staff will worth with organizers to find the most appropriate location at no charge 3.0 Procedural Guidelines 3.1 Eligibility 3.1.1 Applicants activities must not be in conflict with the Department’s vision, mission and strategic plan 3.1.2 Applicants activities are in compliance with city, county, state and federal laws 3.1.3 Applicants must not discriminate because of race, color, marital status, age, creed, gender, religion, ancestry, national origin, or presence of any sensory, mental or physical disability 3.1.4 Applicants must not have been banned by the Everett Parks and Community Services Department due to previous infractions of procedural rules and regulations, money owed or damages unpaid 3.1.5 Applicants must be at least 18 years of age. Youth groups are eligible with proper on-scene adult supervision 3.1.6 Applicants must read and agree to the Department policy, rules and regulations and agree to comply with set procedures 3.1.7 Applicants may be required to provide insurance and a refundable deposit that is payable to the City of Everett. Additional fees, licenses and permits may be required by participating food and merchandise vendors. Proof of compliance must be completed before the activity or event 3.1.8 The Everett Parks and Community Services Department may conduct a safety inspection prior to the event taking place 3.1.9 Use of a facility will be based on availability and compatibility of the facility, the event and the surrounding area 3.2 Denial of Application 3.2.1 The space has already been applied for and reserved at the time of the application submission C:\Users\dtodoroff\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\S89EV8QP\Draft of Recommended Changes to the Facility Use Policy and Procedure Guidelines 05.09.19.docx -6-  3.2.2 Inability to meet eligibility requirements, any other rules or regulations covered in this policy, standard operating procedure or accompanying contract agreements. Applications must be received at least 30 days in advance of the activity or event 3.2.3 It is found that the application contains false or misleading information or an individual/organization is not acting in the best interest of the City of Everett 3.2.4 If, after investigation, it is deemed that the safety, comfort, and convenience of the public use of the facilities—or in the area adjacent to the facility—would be unduly disturbed, the application may be denied. Restrictions may also be imposed or a different date, time, facility or facility area suggested, so as to alleviate such burden 3.2.5 It is deemed that the event would have unmitigated environmental impact on the area requested 3.3 Event in Progress Stoppage 3.3.1 The Everett Parks and Community Services Department has the authority to intervene and stop activities/events if it is deemed that the safety of participants or the general public is at risk 3.3.2 If it is found that the application for use contained false or misleading information or an individual/organization is not acting in the best interest of the City of Everett, the Department may deem it necessary to discontinue the event 3.3.3 The Everett Parks and Community Services Department shall stop any event that is in violation of any federal, state or local laws, regulations or codes 4.0 Compliance Evaluation Criteria 4.1 The Everett Parks and Community Services Department Director or his/her designee will be responsible to see that Parks and Community Service employees and applicants comply with the policy and procedural guidelines as established 4.2 The Everett Parks and Community Services Department Director can make exceptions as he/she deems necessary to conduct Park business in the best interest of the community 4.3 The Everett Parks and Community Services Department Director shall retain the right to rule on any subject not covered in this policy 5.0 Revision Criteria C:\Users\dtodoroff\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\S89EV8QP\Draft of Recommended Changes to the Facility Use Policy and Procedure Guidelines 05.09.19.docx -7-  5.1 Any changes to this policy will be reviewed by the Recreation Division management and supervisory level personnel as part of the revision process 5.2 Final approval of revisions, additions, and/or deletions shall be made to the Everett Parks and Community Services Department Director for approval and submission to the Board of Park Commissioners C:\Users\dtodoroff\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\S89EV8QP\Draft of Recommended Changes to the Facility Use Policy and Procedure Guidelines 05.09.19.docx -8-  CITY OF EVERETT BOARD OF PARK COMMISSIONERS AND TREE COMMITTEE AGENDA ITEM COVER SHEET TITLE: Retreat Planning Adoption Staff Bob Leonard Recommendation Phone 425-257-8335 Discussion Date October 1, 2019 Information Other DESCRIPTION SUMMARY: At the last Board retreat, members requested consideration for another planning retreat closer to the beginning of the calendar year. The purpose of the retreat is to take a deeper dive into discussions relevant to the Board, identify priorities for calendar year 2020 and beyond and create a 2020 work plan. Staff are seeking input from Board members on the following: 1. Content – Is there enough content and interest to warrant a retreat? 2. What topics and work lend itself to a retreat? 3. If Board wants to move forward with a retreat what month, day, location and timeframe is proposed? RECOMMENDATION Provide input S:\#Common\Administration\PARK_BD\AGENDAS 2019 & COVER SHEETS\CS_Retreat Planning10-1-19.docx  CITY OF EVERETT BOARD OF PARK COMMISSIONERS AGENDA ITEM COVER SHEET TITLE: Tree Management Adoption Staff Bob Leonard Ordinance Revisions – Recommendation Phone 425-257-8335 Continued Discussion Date October 1, 2019 Information Other DESCRIPTION SUMMARY: Staff intend to review proposed changes to Section 2 and discuss new changes to other sections depending on time. Further discussion will be scheduled at an upcoming Board of Park Commission meeting. RECOMMENDATION None. S:\#Common\Administration\PARK_BD\AGENDAS 2019 & COVER SHEETS\CS_TreeManagementOrdinance 10-1-19.docx  ORDINANCE NO. 1948-93 AN ORDINANCE relating to the Management of Trees on City-owned Property and Right-Of-Way and repealing Ordinance No. 651-79 and Ordinance No. 358-75 SECTION 1: SHORT TITLE. This ordinance may be referred to as the "City of Everett Public Tree Management Ordinance." SECTION 2i: PURPOSE AND INTENT. This ordinance establishes policies, regulations, and standards relevant to the management of trees on City- owned public property and right-of-way necessary to ensure that the City will continue to realize the benefit provided by its urban forest. The provisions of this ordinance are enacted to accomplish: A. The establishment and implementation of a tree management program to provide maintenance and preservation of existing public trees and an orderly program of tree planting for the future; B. The creation of guidelines for locations for tree plantings, recommendations of tree species to be planted, establishment of maintenance classes and guidelines, and the identification of trees to be removed, all in consultation with the Parks Board of Commissioners, Planning Commission, Department of Parks and Community ServicesRecreation (Parks Department), Planning and Community Development Department (Planning Department) and Public Works Department; C. The recognition by the Parks Department, the Public Works Department, and the Planning Department of the interrelationship of their responsibility relative to trees located on City-owned public property and right-of-way; D. The recognition by the City of the Planning Commission's and Parks Commission's mutual responsibility relative to the review of policies and regulations concerning trees on City-owned public property and right-of-way; E. Nothing in this ordinance shall infringe, alter, or in any way change the responsibilities of the Planning Department concerning trees relative to planning for the urban design of the City, nor shall anything in this ordinance infringe alter, or in any way change the responsibilities of the Parks Department relative to the management and maintenance of trees on Park managed, City-owned public property and right-of-way, nor shall anything in this ordinance infringe alter, or in any way change the responsibilities of the Public Works Department relative to the management and maintenance of trees on Public Works managed, City-owned right-of-way; F. The Planning Department as staff to the Planning Commission, the Public Works Department and the Parks Department shall coordinate their efforts to insure that both Commissions and Departments are informed relative to issues concerning trees on City-owned public property and  right-of-way including tree plantings, tree management and tree maintenance; and G. No regulation or policy, which affects trees on City-owned public property or right-of-way shall be adopted by the City until first reviewed by both the Parks Commission and Planning Commission. SECTION 3: JURISDICTION AND ADMINISTRATION. It shall be the responsibility of the Director of Parks and Community Services Recreation to supervise the planting, maintenance, and removal of all trees on all Park managed streets, rights-of-way, and City-owned public property within the city limits of Everett. It shall be the responsibility of the Director of Public Works to supervise the planting, maintenance, and removal of all trees on all Public Works managed streets, rights-of-way, and City-owned public property within the city limits of Everett in accordance with the provisions of this ordinance. This ordinance does not regulate trees located on City of Everett property within the water shed at Lake Chaplain, which trees are under the exclusive jurisdiction and administration of the Public Works Director. SECTION 4: MANAGEMENT PROGRAM. In consultation with the Parks Commission, Planning Commission and Public Works Department, the Director of Parks and Community Services Recreation or his/her designee, shall develop and implement a Public Tree Policy consistent with other City regulations designed to provide an orderly program of tree management. Such program shall include all public property and rights-of-way including parks, public greenbelts and other City-owned property except Lake Chaplain. The development of such a program include the following objectives: A. The setting of standards for the planting, maintenance, protection, preservation, removal, and replacement of existing trees; B. Planning and planting of trees for future benefit of the citizens of Everett; C. Approval of all tree plantings, maintenance, and removal of trees on City-owned property and rights-of-way; and D. In the short term, no net loss of forest canopy cover on City-owned public lands and right-of way; in the long term, measurable gain. SECTION 5: PERFORMANCE EVALUATIONS. The Parks Director or his/her designee shall collect and maintain all records and data necessary to objectively evaluate whether progress is being made toward the intent, purpose and objectives of this ordinance. The Director shall prepare an annual report. The Director shall prepare an annual report. The TreePark CommitteeBoard shall consider the report recommendations and take all necessary action to accomplish the goals and objectives of this ordinance. SECTION 6: INTERFERENCE WITH PLANTING, MAINTENANCE, AND REMOVAL UNLAWFUL. No person, firm, or corporation shall interfere with the Parks Director, the Public Works Director, or persons acting under theirhis/her authority while engaged in the planting, maintenance, removal or replacement of any tree, shrub, or plant in any street, park, public right-of-way or easement, or other public place within the city limits of Everett. SECTION 7: TREE COMMITTEE. A subcommittee of the board of Park Commissioners (Commission) entitled Tthe "Tree Committee" is 3 hereby authorized. The Tree Committee shall be advisory to the Commission. The primary responsibility of the Tree Committee shall be to review and made recommendations to the Parks Commission concerning the implement of the Public Tree Policy. Provided, however, oOn issues concerning the revision or establishment of standards or regulations concerning the City's urban forestry, the Tree Committee shall provide its recommendations to the City's Planning Commission in addition to the Parks Commission since these issues may affect the City's comprehensive Plan, Zoning Code, subdivision code, and other land use regulations. The members of the Board of Park Commissioners shall serve as the members of the Tree Committee shall consist of seven (7) members. To the extent practical, the following shall compose the Tree Committee: One representative from each of the following groups: Council of Neighborhoods, Historical Commission, Planning Commission, and the Board of Park Commissioners. The remaining three Mmembers shall be residents of Everett who have demonstrated their interest in conservation and to the extent possible shall have a background in forestry, arboriculture, horticulture or landscape architecture, public relations, business management or law. SECTION 8: RULES. In conjunction with the Director of Planning and Community Development and Public Works, the Parks Director is authorized to promulgate rules, regulations, and policies including the Public Tree Policy to administer and implement the provisions of this ordinance. SECTION 9: PENALTY. A. Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this ordinance or any of the rules, regulations, policies (including the Public Tree Policy) or plans adopted pursuant to this ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars. It shall be a separate offense for each and every day or portion thereof during which any violation of any provisions of this ordinance or any of the rules, regulations, policies, or plans adopted pursuant to this ordinance is committed. B. Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this ordinance or any of the rules, regulations, policies, (including the Public Tree Policy) or plans adopted pursuant to this ordinance shall be liable for all damages to property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation or to such other conditions acceptable to the City. C. Notwithstanding the other provisions provided in this section, anything done contrary to the provision of this ordinance or any of the rules, regulations, policies (including the Public Tree Policy) or plans adopted pursuant to this ordinance or the failure to comply with the provisions of this ordinance or any of the rules, regulations, policies (including the Public Tree Policy) or plans adopted pursuant to this ordinance shall be and the same is declared to be a public nuisance. D. The City is authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for cause shown, may grant a preliminary, temporary or permanent injunction restraining any person, firm, corporation, or association or any agent from violating any of the provisions of this ordinance or any of the rules, regulations, policies (including the Public TTree Policy) or plans adopted pursuant to this ordinance and compelling compliance with the provisions thereof and the violators shall pay all City costs of seeking such injunction in the event the City is successful in obtaining the injunction. E. Penalty and enforcement provisions provided in this section are not exclusive, and the City may pursue any remedy or relief it deems appropriate. 4 SECTION 10: COMPLIANCE. This ordinance and all rules, regulations and policies adopted pursuant hereto shall be implemented in accordance with all appropriate state and federal laws and regulations. SECTION 11: LIABILITY. Nothing contained in this ordinance or in any related rule, regulation or policy (including the Public Tree Policy) shall be deemed to impose any liability upon the City, its officers, employees, or agents. Further, nothing contained in this ordinance shall relieve any owner of property from the duty to keep any tree, shrub, plant or vegetation on his/her property or under his/her control including street tree areas in such condition as to prevent a hazard, nuisance or an impediment to travel. SECTION 12: SEVERABILITY. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Everett hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 13: REPEALER. Ordinance No. 651-79 and Ordinance No. 358-75 are hereby repealed. Passed: at, /11,)9 3 I I Valid Published: ,r Effective: 0( /01/13 5  CITY OF EVERETT BOARD OF PARK COMMISSIONERS AND TREE COMMITTEE AGENDA ITEM COVER SHEET TITLE: Tree Committee Adoption Staff Bob Leonard Educational Opportunities Recommendation Phone 425-257-8335 and Prioritization Discussion Date October 1, 2019 Information Other DESCRIPTION SUMMARY: At the September Board of Park Commission and Tree Committee meeting ideas and brainstorming occurred on tree specific educational opportunities. Ideas included: • Finish the short list of trees on website and update • Heritage Tree/Tree Walk – Interface with the Cultural Commission • Have an information table at Sorticulture staffed by Board members • Promote street tree program via social media and Mayor’s newsletter • Education on proper pruning of trees • Education around Arbor Day Celebration • Outreach at Neighborhood meetings • Consider an “Ask the Tree Committee” opportunity on the city’s website that volunteers would manage/respond to. Staff will review the list and solicit help from a few board members to assist outside of the board meetings to prioritize the opportunities discussed last meeting. RECOMMENDATION Participate in discussion and help finalize 2020 education opportunities. S:\#Common\Administration\PARK_BD\AGENDAS 2019 & COVER SHEETS\CS_Ed Opportunities and Priorities 10-1-19.docx  PARKS ADMINISTRATION, PROJECT, PROGRAMS AND MAINTENANCE UPDATES – LOOKING AHEAD October 1, 2019 Council and Administration: • Council action items since last Park Board and Tree Committee meeting • Board Member/Citizen Comment Follow Up: o Port Gardner Neighborhood Request – Utilities Property designation as a Park o Clark Park Gazebo Update o Morgan-Madison Park  Outreach to Tina  Project Page Improvements o Special Event Permit Coordination o Rucker Renewal Tree Question from Katrina Current Projects: • Phil Johnson Ballfield (PJB) Project (CIP3 Funding/Grants/Donation) o Consistent with past discussions the PJB project is moving forward. o Bids were received. o City Council funded and awarded the bid to Premier Field Development on 5/8/19. o Construction started in July 2019. o Fields 1 completed September 2019. o Construction anticipated to be completed in spring 2020. • Lowell Sport Courts and Dog Park (CIP3 Funding) o Public engagement meetings held on April 15 and May 20. o The community requested that we look at relocating the dog park. o The current scope is to renovate/repair the tennis court, add pickleball striping, and renovate the basketball court. o Moving the dog park off site and adding a circuitous walking path will be accomplished in the next phase. o A quote for the work though KCDA was solicited. o Funding ordinance approved on September 11. o Construction is anticipated to begin Spring 2020. • Lower Howarth MRC Grant o Project kick off meetings for stormwater feasibility work and signage • Forest Park Playground Replacement (CIP 3 Funding) o Public engagement for design process was held on May 13th. o Staff are working on design parameters to give to playground representatives when we solicit proposals. o Design proposals were solicited in July. o The Board of Park Commissioners met and provided input about the designs. o Funding Ordinance approved on September 11th. o Final equipment layout expected in September. o Construction is anticipated to begin this fall. S:\#Common\Administration\PARK_BD\PROJECTS-PROGRAMS UPDATES\2019\UpdateforOctParkBoardmeeting 2019.docx  • Garfield Pathways and Basketball Court (CIP3 Funding) o Plans and specifications complete. o Awaiting purchasing approval to go out to bid. o Overlay asphalt paths; create two connecting paths to two shelters. o Seal coat and stripe basketball courts. • Glacier View Neighborhood Park (CIP3 Funding) o Staff is working on construction documents. o Anticipate soliciting bids by the end of the year o Construction to begin in 2020 Future Projects: • Forest Park Sport Court Renovations o Received grant agreement with RCO o Design and details being reviewed o Quotes for work being solicited through KCDA • Howarth Sport Court Renovations o Received grant agreement with RCO o Design and details being reviewed o Quotes for work being solicited through KCDA • Legion Sport Court Renovations o Received grant agreement with RCO o Design and details being reviewed o Quotes for work being solicited through KCDA • Van Valey Home Lead Abatement and Painting Preservation o Project contracting with JOC will start in January 2020 • Rotary Park Boat Launch Renovations o Received grant agreement with RCO o Preparing PSA with engineering firm for design, permitting, etc. • Lowell Riverfront Trail Off Leash Area Park Improvements (SnoCo funding) o An initial scope has been developed. o Working on the permits necessary for the project. o Working on an Interlocal agreement with Snohomish County for the funding of the project. o Project timeline TBD • Madison-Morgan Improvements (CIP 3 Funding) o House repairs to prepare for rental opportunity/eyes on the park. o Staff attended neighborhood meeting in March. o Revising drawings based on neighborhood input o Met with neighborhood in April. o Funding for purchase (Conservation Futures) requires property be used as natural open space and native vegetation. Neighborhood supports this. o Staff are working on finalizing the site plan. o Meeting with JOC to obtain ROM for installation of central meeting area. o Project timeline TBD S:\#Common\Administration\PARK_BD\PROJECTS-PROGRAMS UPDATES\2019\UpdateforOctParkBoardmeeting 2019.docx  Eclipse Mill Park o Staff is working with Public Works and Shelter on refining the original design. o Shelter will be constructing the Park as part of the development agreement. o Project Timeline TBD Community Engagement and Recreation Opportunities Specific to Parks & Community Services: • October 5 Green Everett work party at Forest Park • October 5 Octoberfeast at Carl Gipson Senior Center • October 12 Green Everett work party at Thornton A Sullivan Park • October 18 Goat and Float-Fall Celebration at the Animal Farm and Swim Center • October 19 Green Everett work party at Howarth Park • October 26 Green Everett Day at Thornton A Sullivan • November 2 Green Everett work party at Forest Park • November 6 and 7 Holiday Craft Bazaar at Carl Gipson Senior Center • November 9 Green Everett work party at Johnston Kelly Park • November 11 USO Veterans Dance at Carl Gipson Senior Center • November 16 Green Everett work party at Hannabrook Park • November 24 Fire Fighter Dinner at Carl Gipson Senior Center S:\#Common\Administration\PARK_BD\PROJECTS-PROGRAMS UPDATES\2019\UpdateforOctParkBoardmeeting 2019.docx Park and Tree Board Rolling Draft Agenda (Subject to Change) In no priority order - Updated last 09/17/19 October, 2019 Annual Retreat Planning Facility Use Policy - Proposed Revisions Tree Ordinance Revisions Review/Discussion (continued) Tree Committee - Educational Opportunities and Prioritization Update Department Updates November, 2019 Annual Retreat Agenda Finalized Six Year CIP Plan Update Tree Ordinance Revisions Review/Discussion (continued) Colby Trees Initial Discussion regarding steps to start a review process December, 2019 Golf Proposed 2020 Rates Integrated Pest Management Guidelines/Practices Tree Ordinance Revisions Review/Discussion Alternative Funding For Parks - Discussion January, 2020 Retreat - include 2020 golf rate recommendation February, 2020 2019 Recreation Program Overview Cost Benefit Policy Overview and Discussion Golf Course Annual Update March, 2020 Cost Benefit Policy Recommendation