Loading...
HomeMy Public PortalAbout17 9.B. Second Reading and Adoption of Ordinance No. 13-983 Repealing and Replacing Chapter 4 Relating to Public TreesDATE: TO: FROM: SUBJECT: PARKS AND RECREATION DEPARTMENT MEMORANDUM December 3, 2013 The Honorable City Council Jose E. Pulido, City Manage Q' "~ By: Cathy Burroughs, Director of Parks and Recreation W AGENDA ITEM ·9 .B. SECOND READING AND ADOPTION OF ORDINANCE NO. 13-983 REPEALING AND REPLACING TITLE 3, CHAPTER 4, ARTICLE D OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO PUBLIC TREES RECOMMENDATION: The City Council is requested to waive further reading and adopt Ordinance No. 13-983 (Attachment "A") repea ling and replacing Title 3, Chapter 4, Article D of the Temple City Municipal Code (TCMC) relating to public trees. BACKGROUND: On November 19, 2013, the City Council introduced Ordinance No. 13-983 for first reading, by titl e only, repealing and replacing Title 3, Chapter 4, Article D of the TCMC relative to public trees (See Attachment "B" for original staff report). Staff responded to questions from Councilmembers and the public. ANALYSIS: As provided in the staff report for the November 19, 2013 City Council Meeting, the City of Temple City currently owns and is respons ible for maintenance of over 5,800 trees, valued at over $18 million, located in the public rights-of-way, parks, and parking lots. To protect this significant investment, the Parks and Recreat io n Commission has recommended approval of a revised tree ordinance that would govern installation, maintenance and preservation of pub l ic trees . Ordinance No. 13-983 repeals the existing Roadside Trees Ordinance and replaces it with the proposed Tree Preservation and Protection Ordinance. The proposed Ordinance 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 December 3, 2013 Page 2 of 2 CONCLUSION: The City Council is requested to adopt Ordinance No. 13-983 repealing and replacing Title 3, Chapter 4, ArticleD of the Temple City Municipal Code (TCMC) relating to public trees. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budget. ATTACHMENTS: A. Ordinance No. 13-983 B. November 19, 2013 City Council Staff Report ATTACHMENT A ORDINANCE NO. 13-983 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, REPEALING AND REPLACING TITLE 3, CHAPTER 4, ARTICLE D OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO TREE PRESERVATION AND PROTECTION. WHEREAS, Title 3, Chapter 4, Article D of the Temple City Municipal Code governs "roadside trees" and has not been amended since the City incorporated in 1960; and, WHEREAS, the City wants to update the provisions of Title 3, Chapter 4, Article D to better reflect current best practices and the desire to protect and preserve trees in public places; and, WHEREAS, the Parks and Recreation Commission created an ad hoc committee to review Title 3, Chapter 4, Article D of the Temple City Municipal Code and provide recommended changes; and, WHEREAS, this Ordinance is consistent with the recommendations provided by the Parks and Recreation ad hoc committee, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Repeal and Replacement of Title 3, Chapter 4, Article D of the Code. Title 3, Chapter 4, ArticleD of the Temple City Municipal Code is hereby repealed and replaced, and shall read as shown in Exhibit "A" hereto. SECTION 2: Severability. The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 3: Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. LA #4819-8812-8790 vl SECTION 4: Effective Date. This Ordinance shall take effect thirty (30) days after its adoption by the City Council. PASSED, APPROVED, AND ADOPTED this __ day of 2013. MAYOR ATTEST APPROVED AS TO FORM: City Clerk City Attorney I, Peggy Kuo, City Clerk of the City of Tern pie City, hereby certify that the foregoing Ordinance No. 13-983 was introduced at the regular rneeting of the City Council of the City of Ternple City held on the 19th day of Novernber, 2013, and was duly passed, approved and adopted by said Council at the regular rneeting held on Decernber 3, 2013 by the following vote: AYES: NOES: ABSENT: City Clerk LA #4819--8812-8790 vl EXHIBIT"A" TITLE 3. PUBLIC SAFETY CHAPTER 4. STREETS AND SIDEWALKS ARTICLE D. TREE PRESERVATION AND PROTECTION 3450. PURPOSE AND INTENT. This article is adopted for the purpose of establishing policies, regulations and specifications relating to the planting, care, maintenance and removal of trees, shrubs and any other plantings in public areas, including rights-of-way and easements, and the maintenance of private trees that impact public areas. These policies are necessary to govern installation, maintenance and preservation of trees to beautify the city, to purify the air, to provide shade and wind protection, and to provide habitat for birds and other animals. It is the policy of the city to line its streets with trees and to conduct a consistent and adequate program for maintaining and preserving these trees. It is the goal of this article to provide for planting trees in all areas of the city and for selecting appropriate species to achieve as much beauty and economy as possible. It is also the policy of the city to protect and preserve all desirable trees that are located on the city's right-of-way. 3451. APPLICABILITY This article provides full power and authority to the city over all trees, plants and shrubs located within street rights-of-way, public parks and public areas of the city; and to trees and shrubs located on private property that constitute a hazard or threat to the community at large. 3452. DEFINITIONS. As used in this article, the following terms shall be defined as set forth herein: COMMISSION: The Parks and Recreation Commission of the City of Temple City. DIRECTOR: The city's director of Parks and Recreation or the person designated with responsibility for the city's tree program. DRIP LINE: A line which may be drawn on the ground around a tree directly under its outermost branch tips which identifies the location where rainwater tends to drip from the tree. EXCEPTIONAL SPECIMEN TREE: A tree considered an outstanding specimen of its species by reason of age, rarity, location, size, aesthetic quality, endemic status, or unique character. LA #4819-8812~8790 vl HAZARD or HAZARDOUS CONDITION: Any condition in a tree or shrub that poses a significant threat of serious injury or harm to the public or considerable damage to real property. MASTER TREE LIST: A document that specifies the species of trees suitable and desirable for planting in certain public areas of the City in order to establish a diverse urban forest. MAINTAIN or MAINTENANCE: The entire care of trees and shrubs including ground preparation, fertilizing, cultivating, trimming, treating for disease or injury or similar acts which promotes the life, growth, health or beauty of any planting. PARKWAY: That portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use and which is available for planting and maintaining trees. PRIVATE TREE: Any tree where the centerline of the trunk IS located on private property and not within any public right-of-way. PROPERTY OWNER: The legal owner of any real property, and any lessee of such owner. PRUNING, TRIMMING or THINNING: Methods to control the height and spread of a tree, preserve its health and appearance, produce fuller branching and shaping, aid in disease prevention by allowing more light and air passage within which will increase its longevity in an urban environment. PUBLIC AREA: Any property that is owned, controlled by, or dedicated to the city other than a public street, including but not limited to parks, areas around city- owned buildings, city-owned parking lots, and all other areas under the supervision and control of the city. PUBLIC RIGHT OF WAY: All Public Areas and Public Streets in the City. PUBLIC STREET: Includes every way set apart for public travel or use in the city, including any area available for use as a city street, road, avenue, boulevard, lane, alley, median, parkway, planting strip, curb, gutter, or sidewalk owned by the city in fee or as an easement or right-of-way for public use. REMOVAL: The uprooting, cutting or severing of the main trunk or major branches of a tree, or any act which causes or may be reasonably expected to cause a tree to die. ROOT PRUNING: Cutting back tree roots where they may be damaging curbs, gutters, sidewalks, driveways, and possibly sewer and water lines or other utilities in an attempt to prevent further damage, undertake necessary concrete LA #4819-8812-8790 vl repair work, and to avert or at least postpone the need for actual tree removal. SEVERE PRUNING: Pruning the tree that deviates from industry standards by remov1ng more than twenty-five (25) percent of the foliage or leaving stubs. PUBLIC TREE: Any tree where the centerline of the trunk lies within the public right-of- way of the city. SHRUB A low woody plant having several stems and a trunk less than three inches in diameter at a height less than 4 Y:, feet above the ground. TREE: Any woody plant which has the potential of attaining a minimum height of fifteen feet and has a canopy of foliage borne normally by a single trunk. URBAN FOREST: A collection of trees that grows within a city, town or suburb, including trees on public streets, public areas, and on private property to provide for multiple use benefits for the general well-being of the entire community. VALID TREE SITE: A location in that area of the public right of way where a tree can be planted. All tree sites beneath electrical lines shall be considered small tree sties. 3453. JURISDICTION. The city manager, acting through the director or his/her designee, shall exercise exclusive jurisdiction and control over the planting, maintenance, removal and replacement of trees, shrubs, or plants in all public rights-of-way of the city, and shall have such power, authority, jurisdiction and duties as are prescribed in this article. 3454. MASTER TREE LIST. The city shall develop and maintain a master tree list, which shall be adopted by resolution of the city council and shall be on file in the office of the city clerk. The master tree list shall specify the species of trees suitable and desirable for planting in certain areas in order to establish a diverse urban forest 3455. PUBLIC TREE PLANTING AND MAINTENANCE. The city manager, acting through the director or his/her designee, shall develop and implement a program for the scheduling of public tree maintenance on a regular basis including policies and standards for planting and maintenance required of all trees located in the public right of way. LA #4819-8812-8790 vl 3456. APPROVAL PRIOR TO PLANTING. No tree or shrub shall be planted by a property owner in the public right-of-way of the city unless the director or his/her designee grants a permit for planting pursuant to Section 3460. Any tree or shrub planted in the public right of way without a permit shall be removed by the property owner or by the city at the property owner's expense. 3457. DUTY TO MAINTAIN TREES 1. It shall be the obligation of the director or his/her designee, to perform appropriate scheduled maintenance, including but not limited to pruning, fertilization and pest control, based on age, species, size, and location to assure the proper maintenance of all public trees, except as otherwise provided herein. 2. With the exception of pruning and trimming, property owners are responsible for the proper maintenance of parkways, and the trees planted within the parkways, adjacent to their property. Such maintenance shall include, but not be limited to, irrigation and maintaining the area surrounding the trees to be free from weeds or other obstructions. 3. If a private tree causes damage to any public right-of-way, the property owner is responsible for the cost of any repairs performed by the city. 4. Notwithstanding other provisions of this article, it is the responsibility of every property owner, at their sole cost, to keep all private trees which extend over any public street trimmed so that the branches overhanging the public street are at least fourteen feet above ground level, except that a clearance of at least eight feet shall be permitted over a sidewalk area. 5. The director or his/her designee may remove limbs from any tree or shrub regardless of its location, if in his/her opinion immediate removal is necessary because the limb presents an imminent danger to persons or property. If the removal would require entry onto private property, the director or his/her designee shall comply with the procedures for the summary abatement of nuisances in Section 4240 of this Code. 6. Any person requesting service on any public tree such as trimming, pruning, root pruning or spraying, but desiring to have it undertaken sooner than the city is able to schedule work, may apply for a permit from the city pursuant to Section 3460. 3458. PROTECTION OF TREES. No person shall: 1. Plant, remove, trim, prune, spray or cut above or below ground any tree or shrub growing in the public right-of-way without first obtaining a permit to do so from the director pursuant to Section 3460. A permit shall not be required to perform the routine maintenance of parkway trees required by Section 3457(2). 2. Remove, injure or misuse any guard or device placed to protect any tree or shrub growing in the public right-of-way of the city. LA #4819-8812-8790 vl 3. Attach or keep attached to any tree growing in any the public right-of-way any rope, wire, nail, tack, staples, advertising posters or other contrivance whatsoever. 4. Deposit, discharge, release, or apply, or allow any agent, employee, invitee, or licensee allowed to enter upon his property to deposit, discharge, release or apply, any hazardous material or toxic substance upon the ground that lies within the drip line of any tree or shrub growing in the public right-of-way. 5. Construct, place or maintain any structure or thing that it impedes the free access of water or air to a public tree. 6. Place or pile building material, equipment or other substances around any public tree. 7. Construct retaining walls, fences, or similar improvements which impede the planting or maintaining of public trees or affect the growth of public trees. 8. Interfere, or cause any person to interfere, with employees of the city or contractors employed by the city, who are engaged in planting, maintaining, treating, removing or replacing any public tree or shrub or removing any material which is likely to cause injury to the tree or shrub. 9. Change the grade around any public tree. 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 LA #4819-·8812-8790 vl 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). 2. Removal Process All public tree removals, whether by the city or by a private citizen pursuant to a permit issued under Section 3460, shall adhere to the following procedures: a) Upon approval of the removal of a public tree the city shall place a visible, non-removable marking upon the subject tree indicating the tree is scheduled for removal a minimum of thirty (30) days prior to its removal. b) A letter of notification will be sent to the owner of any private property adjacent to where the tree is scheduled to be removed at least thirty (30) days prior to the removal. c) The city manager, acting through the director or his/her designee, may waive notification requirements for a tree removal in either of the following circumstances: 1) When the city manager, acting through the director or his/her designee, determines that a tree's condition immediately threatens public health, safety or welfare; 2) When local, state or federal authorities have declared a state of emergency and a tree's condition threatens public health, safety or welfare. d) All tree removal shall include the removal of the stump and the removal of all stump grinding chips and the backfilling of the hole created by stump removal with a good quality top soil suitable for the replanting of a replacement tree. e) All removed trees shall be replaced with a tree of the same species as removed, except where the location of the removed tree is not a valid tree site or the removed species does not conform to the recommended species for the location in the master tree list approved the city. f) Trees that are touching or nearly touching utility lines shall be replaced with a recommended species. g) All tree replanting shall be with a minimum fifteen-gallon container tree. For city removals, the city will only plant a larger tree if a person agrees to pay the difference in cost of a larger replacement tree size and any additional costs associated with the planting of a larger tree. LA #4819-8812-8790 vl 3460. PERMITS 1. Any person may apply for a permit from the city to plant, remove, trim, prune, spray or cut above or below ground any tree or shrub growing in the public right- of-way. 2. The applicant shall submit a complete application form, along with any required permit fee, to the director or his/her designee. The application form shall require the applicant to describe in detail the work the applicant is proposing to perform, identify the licensed contractor who will be performing the work, and any other information the director deems necessary. The applicant must also submit proof of insurance coverage for the proposed work that satisfies the city's current insurance requirements. 3. The director shall approve or deny the application within thirty (30) days of receiving a completed application and proof of insurance. The director shall notify the applicant by mail of the decision. Notice of the decision shall also be given to the property owner(s) who own property adjacent to the location of the tree. 4. The applicant or any other interested person may appeal the decision of the director to the commission within fifteen (15) days of the notification of the decision. The appeal shall be heard in the same manner as provided in Section 3461. 5. The permitee shall bear all costs associated with the work to be performed under the permit. 3461. APPEALS Any person may appeal a decision of the director to remove a public tree to the commission within fifteen (15) days of notification of the decision. Upon receipt of an appeal request, the director shall schedule the appeal hearing for the next available commission meeting. The appeal shall be a public hearing, and mailed notice of the public hearing shall be given to the adjacent property owner and any other person who has requested notice at least ten (10) days prior to the hearing. If the commission denies an applicant's appeal, the applicant may request a final appeal to the city council within ten calendar days of the commission's decision. The same procedures for an appeal to the commission shall be followed for an appeal to the council. Fees for an appeal shall be determined by resolution of the city council. 3462. VIOLATIONS; PENAL TIES 1. It shall be unlawful for any person to cause damage to any public tree by any act or omission, whenever such act or omission is expressly prohibited by this article or not. Negligent or willful injury to, or disfigurement of, any public tree shall be a violation of this article. Any person or persons who negligently or willfully damage, disfigure or destroy any public tree shall be charged for all actual replacement or repair costs. The repair or replacement costs shall also include all legal, administrative and other costs incurred by the city associated with the repair or replacement. LA #4819-8812-8790 vl 2. Any person violating any of the prov1s1ons of this article shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than five hundred dollars ($500.00). LA #4819-8812-8790 vl ATTACHMENT B PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: November 19, 2013 TO: The Honorable City Council FROM: Jose E. Pulido, City Manager By: Cathy Burroughs, Director of Parks and Recreation SUBJECT: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 13-983 REPEALING AND REPLACING TITLE 3, CHAPTER 4, ARTICLE D OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO PUBLIC TREES RECOMMENDATION: The City Council is requested to: a) Introduce Ordinance No. 13-983 (Attachment "A") for first reading by title only, repealing and replacing Title 3, Chapter 4 , Article D of the Temple City Municipal Code (TCMC); b) Waive further reading of Ordinance No. 13-983; and c) Schedule the second reading of Ordinance No. 13-983 for December 3, 2013. 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 April 28, 2011, as part of ongoing efforts to transition City operations to high- performing, the City Council conducted its first in a series of strategic planning study sessions to assess the current status of the City organization and develop policy objectives for the next two fiscal years. As part of the strategic plan ning process, staff developed a two -yea r work plan -a list of numerous initiatives geared toward advancing one or more Council goals. Increasing awareness of the City's Urban Forestry Program was identified in this plan, specifically for the establishment of a tree advisory committee or commission and review and City Council November 19,2013 Page 2 of 4 recommend revisions to the City's existing Roadside Tree Ordinance. 3. On January 10, 2013, staff met with the City Code Review Standing Committee (i.e. Councilmembers Sternquist and Chavez) to discuss a proposed ordinance establishing a Tree Commission. The City Code Review Standing Committee (Committee) recommended the proposed duties of the Tree Commission be assigned to the Parks and Recreation Commission. 4. On February 5, 2013, the City Council introduced Ordinance No. 13-966 amending Section 2607 of the TCMC relative to the duties of the Parks and Recreation Commission. The proposed ordinance revised the duties of the Parks and Recreation Commission to include review and oversight of programs, plans, policies, and budgets for public trees and parkways. 5. On February 19, 2013, the City Council waived further reading and adopted Ordinance No. 13-966 amending Section 2607 of the TCMC relative to the duties of the Parks and Recreation Commission. 6. 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. 7. On April 17, 2013, the Parks and Recreation Commission established a Tree Ordinance Review Ad Hoc Committee (Ad Hoc Committee). The purpose of the Ad Hoc Committee was to meet with staff to review ordinances from other cities (i.e. Alhambra, Arcadia, Carlsbad, Carpinteria, El Monte, Glendale, Glendora, San Fernando, San Gabriel, San Marino, Sierra Madre and Simi Valley) relative to public trees and to recommend changes to our existing ordinance based on that review. Commissioners Arrighi and Haddad were appointed to the Ad Hoc Committee. Commissioner Rosso subsequently replaced Commissioner Arrighi. 8. On May 15, 2013, the Ad Hoc Committee met to begin a review of Temple City's Tree Ordinance and similar ordinances from other cities. 9. On June 25, 2013, the Ad Hoc Committee met and reviewed provisions of a proposed Tree Ordinance drafted by staff. 10. On September 24, 2013, the Ad Hoc Committee approved a final draft of a proposed Tree Ordinance and recommended approval to the Parks and Recreation Commission. 11. On October 8, 2013, the City Attorney's Office concluded its review of the draft Tree Ordinance and provided a revised ordinance for presentation to the Parks and Recreation Commission. City Council November 19, 2013 Page 3 of4 12. On October 16, 2013, the Parks and Recreation Commission approved the proposed Tree Ordinance and recommended approval to the City Council. 13. On November 7, 2013, a Public Hearing Notice was published in the Temple City Tribune regarding proposed Ordinance No. 13-983. ANALYSIS: The City of Temple City currently owns and is responsible for maintenance of over 5,800 trees, valued at over $18 million, located in the public rights-of-way, parks, and parking lots. To protect this significant investment, a program was proposed in the two year work plan for the Parks and Recreation Department to build community awareness of the City's urban forest. Elements of this work plan item included: 1) Identification of a tree advisory body that would make decisions and recommendations as appropriate on matters involving the care and maintenance of City-owned trees; and 2) Revision of the City's Roadside Tree Ordinance. The Parks and Recreation Commission was designated by the City Council, pursuant to Ordinance 13-966, as the advisory body overseeing care and maintenance of City-owned trees. Current Code Reference to City-owned trees is contained in Title 3 (Public Safety), Chapter 4, (Streets and Sidewalks), Article D (Roadside Trees) of the TCMC. This section of the TCMC has not been reviewed or amended since the City incorporated in 1960; therefore, many sections are outdated and no longer applicable. For instance, the existing code requires the property owner to trim trees (§3457 A) and to treat or remove diseased trees (§3457 B) growing within a public highway or on property abutting public places. However, the City's practice, for the last 15-20 years, has been not to allow private property owners to trim or remove any City-owned tree located in the public right of way. Additionally, the existing code allows individuals to trim, spray, and remove trees in public places upon receipt of a permit from the roadside tree superintendent (§3453), it does not however, identify any criteria or restrictions for this permit. Currently, staff does not remove or allow removal of public trees unless they are dead, dying, diseased, structurally unsound, or causing hardscape or landscape damage. Proposed Policy The proposed Tree Preservation and Protection Ordinance clearly lays out not only the City's but also the property owner's responsibilities in regards to trees located in the public right of way. Additionally, it identifies criteria for removal of publically owned trees, identifies an appeal process, and establishes penalties for willful injury to or disfigurement of any public tree. The purpose of the Ordinance, as stated in §3450, is City Council November 19, 2013 Page 4 of 4 to govern installation, maintenance and preservation of trees to achieve identifiable benefits of our urban forest. The Parks and Recreation Commission approved the proposed Ordinance on October 16, 2013 and recommended approval to the City Council. Ordinance No. 13-983, as approved by the Commission, repeals the existing Roadside Trees Ordinance, sections 3450 -3464, and replaces it with the proposed Tree Preservation and Protection Ordinance, sections 3450-3462. CONCLUSION: Ordinance No. 13-983 repeals the existing Roadside Trees Ordinance contained in Title 3, Chapter 4, Article D of the Temple City Municipal Code and replaces it with the proposed Tree Preservation and Protection Ordinance. The proposed Ordinance reflects current best practices relative to public trees and establishes policies, procedures, and expectations for City-owned trees located in public rights of way. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budget. ATTACHMENT: A. Ordinance No. 13-983