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Home My Public Portal About14) 9A Appeal of Parks and Recreation Commission Decision to Not remore a Holly Oak Tree Located at 5349 Persimmon AvenueDATE: TO: FROM: AGENDA PARKS AND RECREATION DEPARTMENT ITEM 9 .A. MEMORANDUM February 4, 2014 The Honorable City Council Tracey Hause, Acting City Mana~~er/Administrative Servicx~Directo~ \ By: Cathy Burroughs, Director of Parks and Recreation 1.1[7 .. ~ SUBJECT: APPEAL OF PARKS AND RECREATION COMMISSION DECISION TO NOT REMOVE A HOLLY OAK TREE (QUERCUS ILEX) LOCATED AT 5349 PERSIMMON AVENUE RECOMMENDATION: The City Council is requested to: 1) Consider request from resident to remove a Holly Oak tree (Quercus llex) at 5349 Persimmon Avenue; and 2) Uphold the Parks and Recreation Commission's decision to not remove the tree at this time but to undertake corrective pruning as soon as possible, however no later than July 31, 2014. BACKGROUND: 1. On July 1, 2010, the Parks and Recreation Department assumed all duties of, and responsibilities for, the City's trees and parkways program. 2. On February 19, 2013, the City Council adopted Ordinance No. 13-966 amending Section 2607 of the Temple City Municipal Code (TCMC) relative to the duties of the Parks and Recreation Commission. 3. On March 21, 2013, Ordinance No. 13-966 became effective adding oversight of the City's trees and parkways to the Parks and Recreation Commission. 4. On December 3, 2013, the City Council adopted Ordinance No. 13-983 repealing the existing Roadside Trees Ordinance and replacing it with a Tree Preservation and Protection Ordinance. Ordinance No. 13-983 reflects current best practices relative to public trees and establishes policies, procedures, and expectations for City-owned trees located in public rights of way. City Council February 4, 2014 Page 2 of 4 5. On December 3, 2013, staff received a request from Joanne Coco, via the City Manager's Office, to remove the Holly Oak tree located in the public right of way at 5349 Persimmon Avenue. 6. On December 6, 2013, City Arborist Rob Cruse inspected the tree located at 5349 Persimmon Avenue and determined it did not meet the criteria for removal. 7. On December 11, 2013, Ms. Coco was advised of staff's determination. She was notified of the appeal process and requested the Parks and Recreation Commission consider her request lor removal of the tree at their January 15, 2014 meeting. 8. On January 2, 2014, Temple City's Tree Preservation and Protection Ordinance, Ordinance No. 13-983, became effective providing an appeal process for staff's determination to plant or remove City-owned trees. 9. On January 15, 2014, the Parks and Recreation Commission considered the request lor removal of the Holly Oak tree located at 5349 Persimmon Avenue .. 10. On January 17, 2014, Mr. Coco submitted a letter to the City Clerk's office appealing the Parks and Recreation Commission's decision to not remove the tree to the City Council. ANALYSIS: The City Manager's Office received a letter, directed to Mayor Sternquist, from Ms. Joanne Coco on December 3, 2013, requesting that the City-owned oak tree, located in front of her home at 5349 Persimmon Avenue be removed (Attachment "A"). In her letter, Ms. Coco stated the tree, a Holly Oak (Quercus llex), drops a lot of acorns which causes pain when stepped on and which could lead to falls and serious injury for the elderly residents. Acorns on Holly Oak trees, and other species of Oak trees, naturally drop in the autumn, with the heaviest droppage usually from late September through November, depending on climate and weather conditions. Attached are several photographs of the Holly Oak tree located at 5349 Persimmon Avenue and the surrounding hardscape areas (Attachment "8"). The pictures were taken on several different days and times in an effort to determine if there was an unusually large amount of acorns that were dropping. Section 3459 of the TCMC addresses removal of public trees and identifies criteria for removal. A copy of Section 3459 of the TCMC is attached for your review (Attachment "C"). City Arborist Rob Cruse inspected the tree, located in the parkway at 5349 City Council February 4, 2014 Page 3 of 4 Persimmon Avenue, and determined it is a healthy Holly Oak tree that does not meet any of the criteria for removal. In reviewing the work history for this location, the tree has been trimmed regularly by both City staff and the City's contractor, West Coast Arborist, including in 2004, 2007, 2010, 2012, and 2013. Ms. Coco was notified of staff's decision and appealed that decision to the Parks and Recreation Commission. The Parks and Recreation Commission considered the request for removal of the Holly Oak tree, located at 5349 Persimmon Avenue, at their meeting of January 15, 2014. During testimony given at the Parks and Recreation Commission meeting, Mr. Coco stated his primary concern was with the acorns dropping on his driveway. The Commission inquired if the tree could be trimmed away from the driveway to reduce the number of acorns dropping in that area. City Arborist Rob Cruse agreed that the tree could be trimmed away from the driveway, but the best time to trim the tree would be in the summer. The Parks and Recreation Commission unanimously upheld staff's decision to not remove the tree but directed staff to trim the tree away from the driveway as soon as possible, likely in July or August 2014. A copy of the draft minutes from the meeting are attached for the Council's review (Attachment "D"). Mr. Coco appealed the decision of the Parks and Recreation Commission to the City Council submitting a letter to the City Clerl<'s office within the ten (1 0) day period (Attachment "E"). Because the public tree !located at 5349 Persimmon Avenue is a healthy Holly Oak tree which does not meet any criteria for removal as defined in Section 3459 of the TCMC, staff recommends the City Council uphold the decision to not remove the tree at this time. Staff has received requests in the past from residents asking for trees to be removed due to the mess and debris caused from droppings and removal of this tree could set a precedence that may lead to the removal of many healthy trees throughout the City. If the City Council approves removal of the Holly Oak tree, located at 5349 Persimmon Avenue, staff recommends a replacement tree, of a different species, be planted at the location. CONCLUSION: The resident at 5349 Persimmon Avenue has appealed the decision by staff, upheld by the Parks and Recreation Commission, to not remove a City owned tree located in the public right-of-way. The City Council is requ,:Jsted to uphold the decision of the Parks and Recreation Commission to not remove the Holly Oak tree located at 5349 Persimmon Avenue, but to undertake spot pruning to trim the tree away from the driveway. City Council February 4, 2014 Page 4 of 4 FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 201 3-i 4 City Budget. ATTACHMENTS: A. Correspondence from Joanne Coco dated December 3, 2013 B. Photographs of tree located at 5349 Persimmon Avenue C. TCMC Section 3459 D. Draft Minutes of the Parks and Recreation Commission's Regular Meeting of January i 5, 2014 E. Correspondence from Eddie Coco dated January 17, 2014 ATTACHMENT A Coco, Joanne M& j'" t h, C\ S'(:e_(.-• ~:-'li ,t , Mayor ofT emple City ll/jij2013 • To: S!lbject: Request for Removing the Old Oak Tree We live at 5349 Persimmon Ave., Temple City, CA 91780. There is an old oak tree in front of our house. It drops a lot of acorns on the ground of our parking lot every mornent. Each time I step on any acorn, the acorn causes me acute pain and I fall. We have tried to clean the parking lot as often as possible, but the acorns come down from the tree without stopping. As soon as we clean the parking lot, the new acorns lie on the ground. We are unable to get rid of the acorns on the ground of our parking lot completely. My husband suffers so much from the acorns of the old oak tree, too. He is 86 and I om 71 and disabled. Any fall con cause our bones broken, and to a senior, broken bones can be fatal and lead to death. We would like to ask for your kind help to have the old oak tree totally removed at your earliest convenience. Your help will be highly appreciated. Thank you in advance and I wish you a wonderful day. God bless you. Sincerely yours. " .£?1 \'. !C.~ /,-~ . ~.t'/ "Joanne Coco ATTACHMENT B 5349 Persimmon-12/06/2013 5349 Persimmon-01/03/2014 5349 Persimmon-01/08/2014 ATTACHMENT C TITLE 3. PUBLIC SAFETY CHAPTER 4. STREETS AND SIDEWALKS ARTICLE D. TREE PRESERVATION AND PROTECTION 3459. REMOVAL OF PUBLIC TREES 1. Criteria for Removal The city values trees as an important part of the environment and shall strive to preserve them whenever possible and feasible. Subject to provisions of this article, the director or his/her designee shall be responsible for inspection, maintenance, removal and replacement of public trees, and may cause public trees to be removed, or permit the removal of a public tree pursuant to a permit, if they are deemed to be: a) Dead; b) Dying, decayed or hazardous, or so weakened by age, disease, storm, fire, excavation, removal of adjacent trees, or any injury so as to cause imminent danger to persons or property; c) Structurally unsound due to an abnormal and uncorrectable structure or appearance due to severe pruning or storm damage; d) Diseased beyond reclamation, or the condition of which is a source of present danger to healthy trees in the vicinity, providing that an inspection and notice attesting to such fact has been completed by a state-licensed pest control advisor or arborist; e) Obstructing curb, gutter or sidewalk repair, or in the way of a new curb, gutter or sidewalk for which an exception to standard design is determined by the director to be inconsistent with established policies and standards for public tree planting and maintenance; f) In dangerous proximity to existing structures or interfering with existing utilities; g) Causing excessive damage to curbs, gutters, sidewalks, or driveways; h) Obstructing proposed improvements so as to restrict economic enjoyment of the adjacent property, including the construction or safe use of a driveway or parking space for which a permit has been issued, unless such tree has been designated as an exceptional specimen tree; i) Crowded by other trees and good horticultural practices dictates removal of some of them; j) Otherwise healthy, but the removal of which is considered desirable because it is a proven nuisance species and/or in order to achieve a properly staged tree replacement schedule which enables several generations of trees to exist simultaneously; k) Causing an allergic reaction to a property owner whose property is adjacent to the public tree. The property owner must provide a certification from a physician licensed to practice in California that the tree is causing the property owner to suffer allergic reactions. Exceptional specimen trees may not be removed pursuant to this Section 3459(1 )(k). PARKS & RECREATION COMMISSION MINUTES January 15, 2014 7. NEW BUSINESS DRAFT ATTACHMENT D Page 2 A. REQUEST FOR REMOVAL OF A HOLLY OAK (QUERCUS I LEX) TREE LOCATED AT 5349 PERSIMMON AVENUE Parks and Recreation Director Burroughs presented the staff report. Eddie Coco, property owner addressed the Commission regarding removal· of the tree and the need to eliminate acorns from falling on his driveway due to possible bodily injury. Joanne Coco. property owner stated the tree is life threatening to their health and causes her acute pain when stepped on even one acorn. Commissioner Rosso asked staff for the distance between the tree and driveway. Tree Trimmer Lead Worker Cruse said the tree is 15 to 20 feet from the driveway and the canopy covers approximately 5 to 10 feet of the corner of the driveway and sidewalk. The tree is between 50 -55 years. Commissioner Rosso asked if trimming the north side of the tree away from the driveway would be an option. Tree Trimmer Lead Worker Cruse stated that could be done but the trimming should be scheduled during the summer. Director Burroughs said staff would support the option of trimming the tree away from the driveway to see if that would remedy or reduce the number of acorns that land on the driveway. Vice-Chairman Haddad concurred. Commissioner Rosso moved to request staff to trim the Holly Oak tree located in the parkway at 5349 Persimmon Avenue between July and August 2014 away from the driveway to reduce or eliminate acorns from dropping on the driveway, seconded by Vice-Chairman Haddad. Chairman Georgi no asked for a roll call vote: Commissioner Fish - Commissioner Lopez- Commissioner Rosso - Vice-Chairman Haddad - Chairman Georgina - absent yes yes yes yes Director Burroughs notified Mr. and Mrs. Coco of the appeal process. ATTACHMENT E ~ w~d-~~ ~~~% jlf"~ ~ #AJ~ -:z# /£/R4 ~ b; ~ ~ cP~ <;{ or~ rr>"' lily/ r /" _:2-o/f t;lu. o(.ub ~~cr~ . «1-:;;:;; LJt:ff'_M/~ ~ ~_..-t~~ ~ cue~ _;;y~ r ~ @/0 b rr= o1.z_X