HomeMy Public PortalAbout8B Appeal of Parks and Recreation Commissions Decision Relative to Removal of a Sycamore Tree Located at 5471 Golden West AvenueAGENDA
ITEM 8.8
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
DATE: January 6, 2014
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Cathy Burroughs, Director of Parks and Recreation
SUBJECT: APPEAL OF PARKS AND RECREATION COMMISSION'S DECISION
RELATIVE TO REMOVAL OF A SYCAMORE TREE LOCATED AT 5471
GOLDEN WEST AVENUE
RECOMMENDATION:
The City Council is requested to:
a) Consider the Tree Removal Appeal from the property owner at 5471 Golden West
Avenue for removal of a Sycamore tree located in the public right of way; and
b) Reverse the Parks and Recreation Commission's decision approving the initial
appeal to not remove the tree.
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
(Attachment "A") amending Section 2-6A-7 of the Temple City Municipal Code
(TCMC) relative to the duties of the Parks and Recreation Commission. Ordinance
No . 13-966 became effective on March 21, 2013, adding oversight of the City's
trees and parkways to the Parks and Recreation Commission.
3. On December 3, 2013, the City Council adopted Ordinance No. 13-983
(Attachment "B") repealing the existing Roadside Trees Ord inance and replacing it
with a Tree Preservation and Protection Ordinance which reflects current best
practices relative to public trees and estab lishes policies, procedures, and
expectations for City-owned trees located in public rights of way. Ordinance No.
13-983 which became effective on January 3, 2014, provides an appeal process of
staff's determination to plant or remove City-owned trees.
City Council
January 6, 2014
Page 2 of 4
4. On July 11, 2014, staff sent a letter to the resident of 5471 Golden West Avenue
advising them that the City had determined the Sycamore tree, located in the
public right of way, was causing excessive hardscape damage and must be
removed. A mark was placed on the tree as required by Section 3-4D-9:S.1.
5. On September 29, 2014, Ms. Carol Cushing, 9833 Daines Drive, contacted the
City Manager's office regarding the pending removal of the tree located in the
public right of way at 5471 Golden West Avenue. Ms. Cushing was advised of the
appeal process.
6 . On October 7, 2014, Ms. Cushing submitted a Notice of Appeal to the Parks and
Recreation Department appealing the removal of the Sycamore tree located at
5471 Golden West Avenue . The property owner, Anil Shalla, was notified of the
appeal and that the Parks and Recreation Commission would consider the appeal
at their November 19, 2014 meeting.
7. On November 19, 2014, the Parks and Recreation Commission considered and
approved the appeal from Ms. Cushing reversing staff's decision to remove the
Sycamore tree.
8. On November 25, 2014, staff received a response from Mr. Shalla, appealing the
Parks and Recreation Commission's decision to not remove the Sycamore tree
(Attachment "C").
ANALYSIS:.
Each year the City develops a tree removal list. The list includes trees that City staff,
specifically the City's Arborist Rob Cruse, has inspected and determined meet the
criteria for removal as outlined in Section 3-4D-9 of the TCMC (Attachment "D"), or
other legislation. Notices are mailed to the resident/property owner of each address
where trees are scheduled for removal.
At the request of the property owner, Mr. Cruse inspected the Sycamore tree located in
the public right of way at 5471 Golden West Avenue. Upon inspection, Mr. Cruse
determined that the tree had caused significant hardscape damage to the public
sidewalk and street and possibly to the driveway, walkways, and other hardscape areas
located on the homeowner's private property. Tree roots also appeared to be putting
pressure on the vault encasing the gas meter.
The Sycamore tree at 5471 Golden West is estimated to be over 80 years old and
appears to be in good health. The tree is a California Native Tree but is not protected,
nor designated as a Heritage Tree i n Temple City. When the Tree Preservation and
Protection Ordinance was developed, the Commission considered designating certain
trees as Heritage or otherwise protected trees. Ultimately the Commission, and City
Council, decided not to include those designations in the ordinance.
City Council
January 6, 2014
Page 3 of 4
After hearing testimony from the appellant and other interested parties (the property
owner was not in attendance) the Parks and Recreation Commission unanimously
approved the appeal and reversed staff's decision to remove the tree. The Commission
reasoned that the hardscape damage was repairable, at least for the time being, and
that due to the age and size of the tree, every step should be taken to save the
Sycamore tree. A copy of the draft minutes from the November 19, 2014 Parks and
Recreation Commission meeting are attached for Council's review (Attachment "E").
Subsequently, staff received an email from Mr. Bhalla appealing the Comm ission's
decision and adding concerns to his previous correspondence.
It should be noted that Ms. Cushing, as part of her initial appeal of the removal of the
Sycamore tree to the Parks and Recreation Comm ission, provided an Arborist Report to
the Commission. Ms. Cush ing hired a certified arborist to evaluate the Sycamore tree
at 5471 Golden West Avenue to determine if the tree was in the process of failing or
was a potential hazard. The Arborist Report confirms what staff had already determined,
that the Sycamore tree is healthy with no visible structural defects. The report goes on
to say that the tree has no visible surface roots penetrating the foundation of the house
or damaging uti lity services. Again staff does not disagree with this assessment,
however it does not consider the possibility of deeper roots causing damage to public or
private property. Unfortunately there is no way to determine what is happen ing
underground without digging under the surface (under the street surface, front lawn
area, etc .).
Ms. Cushing stated at the Commission meeting that the arborist informed her that 30%
of the trees roots could be trimmed and/or removed without causing damage to the tree .
Staff does not agree with that statement. Whenever trees are root pruned, there is
always some risk of tree failure . Many factors should be considered includ in g tree
species, age , size, site conditions, existing problems , and extent of pruning. The closer
to the trunk the roots are pruned, the greater the effect on the tree. If root pruning is
necessary, most tree experts recommend making all cuts at least a distance of three
times the trunk diameter from the outside of the trunk. Thus, root pruning of a tree with a
trunk diameter of two feet should be done no closer than six feet from the trunk. The
Sycamore tree at 5471 Golden West Avenue has a trunk diameter of approximately five
(5) feet. By recommended standards, roots for this tree should be pruned no closer
than fifteen (15) feet from the tru nk. If large roots are removed or cut back adjacent to
the trunk of the tree, where the most significant root iss ues are for this particular tree,
the wound caused by the removal of the roots could allow disease to enter at the base
of trunk, thereby compromising the structural integrity of the tree .
The Parks and Recreation Commission, as part of their discussion during the November
19, 2014 meeting, requested staff look at various options to repa ir the hardscape
damage without compromising the Sycamore tree , including re-rout ing or sloping the
sidewalk to avoid t he large tree roots. Staff spoke with the City's engineering firm,
Transtech, to determine if these were viable options . Transtech stated the sidewalk
could be sloped over the large root currently causing the sidewalk to lift, but it would
City Council
January 6, 2014
Page 4 of 4
only be a temporary measure, at best. The root that is causing the most significant
damage to sidewalk cannot be cut back enough due to the sidewalk's proximity to the
base/trunk of the tree. Re-routing the sidewalk is not an option since there is not
sufficient public right of way to avoid the roots. Transtech also indicated that the bigg er
issue was likely the street. The streets in that area are tentatively scheduled for
repair/resurfacing this year. Work will likely start within the next three months . If the
issue with the Sycamore tree is not resolved, any work on the streets could be
compromised, meaning the newly resurfaced street could begin to raise. Attached to
this report are photographs of the Sycamore tree, and surrounding areas at 5471
Golden West Avenue (Attachment "F").
Considering the extensive hardscape damage already caused by the tree, the likelihood
that the damage will continue even if the street, gutter and sidewalk are repaired, staff
recommends that the Sycamore tree located at 5471 Go lden West Avenue be removed
and rep laced with a Jacaranda tree, which is the species designated for the 5400 block
of Golden West Avenue.
CONCLUSION:
The City Council is requested to consider an appeal of staff's determination to remove a
Sycamore tree located in the publ ic right of way at 5471 Golden West Avenue, reverse
the Parks and Recreation Commission's decision to not remove the tree, and uphold
staff's decision authorizing removal of the tree.
FISCAL IMPACT:
This action will have no impact on the Fiscal Year (FY) 2014-15 City Budget.
ATTACHMENTS:
A. Ordinance No. 13-966
B. Ordinance No. 13-983
C. Appe al of Parks and Recreation Commission decision -email correspondence
from Ani I Bhalla dated November 25, 2014
D . TCMC Section 3-40-9: Remova l of Public Trees
E . Minutes of the Parks and Recreation Comm i ssion Meeting of November 19, 2014
F. Photographs of Sycamore tree and hardscape damage
ATTACHMENT A
ORDINANCE NO. 13-966
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY AMENDING SECTION 2607 OF THE TEMPLE CITY MUNICIPAL
CODE RELATIVE TO DUTIES OF THE PARKS AND RECREATION
COMMISSION
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS :
SECTION 1. Section 2607 of the Temple City Municipal Code is hereby amended to
read as follows. ·Additions are underlined, and deletions are struckout.
"2607: DUTIES:
The duties of the Parks and Recreation Commission sha ll be as fol lo ws:
' A. It shall be the continuing duty of the Parks and Recreation Commission to
monitor the existing parks and recreat io n programs and to formu late policy
matters directly to the City Council in respect to the development and
acquisition of park sites, the development, maintenance and general
ope ration of existing recreation areas and facilities; and the development of
programs such as senior citizens services ; transportation ; human services;
youth services; special events, and other communitywide programs and
activities; ·
B. To act in an advisory capacity to the City Council in all matters pertaining to
parks..._aRG-parks and recreation programs, tra nsportation programs. and
trees and parkways;
C. To act as liaison with the governmental agencies, private · social service
agencies, civic groups and citizens in order to establish an ongoing needs
assessment for programs and sites, and to coordinate programs for a more
effective delivery of services and reduction of duplication;
D. To advise city staff with respect to matter of administration, development of
park and recreation programs, areas , facilities and services;
E. To make periodic inventories of recreation programs that exist or may be
needed with in the city, county or community , to review the needs with city
staff and to advise the City Council accordingly;
· F. To advise city staff concerning the prepa ration of the annual parks
maintenance, recreation/human services, public transportation, and trees
and parkways program budgets, special ·projects and long range capital
improvement programs;
G. To review on an as ne eded basis ordinances and city policies which relate
to use of city parks and public facilities;
H. To develop, review, recommend and implement commun ity activities that
promote and encourage economic enhancement opportunities~~
Ordinance No. 13-966
Page 2
I. To assist city staff in the development, review. and amendment of a
comprehensive street tree management plan. street tree inventory, master
street tree list, and landscape plan requirements for private developments;
J. To recommend specific guidelines for tree maintenance, landscaping
policies. placement and general pruning standards for publicly-owned trees
within in the city;
K. To assess the effectiveness of the existing ordinances regulating trees and
recommend tree preservation and enhancement ordinances:
L. Upon request by the City Council or City staff, consider, investigate. and
make findings , reports and recommends upon any special matter or
question relating to street trees within the city:
' M. To hear appeals from residents on city staff decisions regarding denials of
permits for removal or altering of trees in public places, or denials of permits
to plant trees in public places;
N. To help develop and implement educational and other programs addressing
urban forestry issues."
SECTION 2. The City Clerk shall certify to the passage and adoption of th is Ordinance
and shall cause the same to be published according to law.
PASSED, APPROVED AND ADOPTED on this 19h day of February, 2013.
MAYOR
ATIEST: APPROVED AS TO FORM:
Cit£~ c~
I, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No.
13-966 was introduced at the regular meeting of the City Council of the City of Temple City held
on the 51h day of February 2013 and was duly passed, approved and adopted by said Council,
approved and signed by the Mayor and attested to by the City Clerk at the regular meeting held
on , the 191h day of February 2013 by the following vote:
AYES: Councilmember-Bium, Chavez, Vizcarra, Sternquist, Yu
NOES: Councilmember-None
ABSENT: Councilmember-None
City~
ATTACHMENT B
ORDINANCE N0.13-983
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMP LE
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, Artic le D of the Temple City Municipal Code gove rns "roadside trees "
and has not been amended since the City incorpo ra ted in 1960; and,
WHEREAS, the City wants to updat e the provisions of Title 3, Chapter4, ArticleD 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 w ith the recommendations provided by the Parks and
Rec re ation ad hoc committee ,
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FO LLOWS:
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 repea led and replaced,
and shall read as shown in Exhibit "A" hereto.
SECTION 2: Severability.
The City Council hereby declares that, should any provts1on, section, subsection, paragraph,
sent~nce, clause, phrase, or word of this Ordinance o r 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 decis ion or action shall not affect the valid ity of the rema ining section or portions of the
Ordinance or part thereof. The City Council he reby declares that it would have independently adopted the
remaining provisions , sections, subsections, paragraphs, sentences, clauses, phrases , or words of this
O rdinan ce irrespective of the fact that any one or more provisions, sections, subsections , paragraphs,
sent ences , clauses , phrases, or wo rds may be declared inval id 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 sha ll cause the same to be published according to law .
SECTION 4: Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption by the City Counci l.
PASSED, APPROVED, AND ADOPTED th is 3rd day of December 2013.
~·
City Attorney
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No.
13-983 was introduced at the regular meeting of the City Council of the City of Temple City held on the 191h
day of November, 2013, and was duly passed, approved and adopted by said Council at the regular meeting
held on December 3'', 2013 by the following vote:
AYES:
NOES:
ABSENT:
Councilmember: Chavez, Vizcarra, Yu, Blum, Sternquist
Councilmember: None
Councilmember: None
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 plan tings in public areas,
including rights-of-way and easements, and the maintenance of private trees that impact publ ic 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 fo r planting trees in all
areas of the .city and for selecting appropriate species to achieve as much beau ty and econor:ny 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 with in
street rights-of-w ay , public parks and public areas of the city; and to trees and shrubs lo cated on private
property that constitute a hazard or threat to the community at large.
3452. DEFINITIONS.
As used in th is article , the following terms shall be defined as set forth herein :
COMMISSION: The Parks and Recrea tion Commission of the City of Temple City.
DIRECTOR: The city's director of Parks and Recreation or the person designated with resp onsib ili ty fo r
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 t he location where rainwater tends to drip from the tree. ·
EXCEPTIONAL SPECIMEN TREE : A tree considered an outstanding speci men of its species by reason
of age, rarity , location, size, aesthetic quality, endemic status , or unique character.
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 conside rabl e damage to real property.
MASTER TREE LIST: A document that specifies the species of t rees suitable and desirabl e for planting
in certain public areas of the City in order to establish a diverse urban fores t.
MAINTAIN or MAINTENANCE: The entire care of trees and sh rubs in clud ing g round preparation ,
fertilizing, cultivating, trimming, treating for disease or injury or similar acts which promo tes t he 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 maintain ing trees .
PRIVATE TREE : A ny tree where the centerline of the trunk is located on p rivate property and not withi n
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 co ntrol the he ight and spread of a tree, preserve its
hea lth and appearance, produce fuller branching and shaping, aid in disease prevention by allowing more
light and ai r passage within which wi ll increase its longev ity in a n urban environment.
PUBLIC AREA: Any property that is owned, controlled by , or ded ica ted to the city other than a publ ic
street, including but not limi ted to parks, areas around city-owned bu ild ings , city -owned parking lots , and
all other areas under the supervision and contro l of the city.
PUBLIC RIGHT OF WAY: All Public Areas and Public Streets in the Ci ty.
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 , aVer)Ue, 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: Cutt in g back tree roots where they may be dar.~aging curbs, gu tters , sidewalks ,
driveways, and possibly sewer and water lines or other utilities in an attempt to prevent further damage,
undertake necessary concrete repa ir work, and to avert or at least postpone the need for actua l tree
removal.
SEVERE PRUNING: Pruning the tree that deviates from industry standards by removi ng more than
twenty-five (25) percent of the foliage or le aving stubs.
PUBLIC TREE: Any tree where the centerline of th e trunk lies within the public right-of-w ay of the city.
SHR UBc A low woody plant having several stems and a trunk less than three inches in diameter at a
height less than 4 Yz 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 fo li age borne normally by a sing le trunk .
URBAN FOREST: A collection of trees that grows within a city , tow n or subu rb , including trees on public
streets , public areas, and on private property to provide for multip le use benefit s for the genera l well-
being of the en tire community.
VALID TREE SITE: A location in that area of th e public right of way where a tree can be pl anted. All tree
sites beneath electrica l 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, jurisd iction and duties as are prescribed in
this article.
3454. MASTER TREE LIST.
The city shall develop and maintain a maste r tree li st , 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 suitab le and desirable for planting in ce rtain areas in order to establish a diverse u rban forest.
3455. PUBLIC TRE E PLANTING AND MAINTENANCE.
The city manag e r, actin g through the d irector or his/her designee, sha ll develop a nd implement a prog ram
for the scheduling of public tree maintenance on a regul ar basis incl ud in g pol icies and standards for
planti ng and maintenance required of all trees located in the public right of way.
3456 . APPROVAL PRIOR TO PLANTING.
No tree or shrub sha ll be planted by a property owner in the public right-of-way of the city un less the
director or his /her designee grants a permit for planting pursuant to Section 3460. Any t ree or shrub
planted in the public r ight of way without a permit shall be remo ved by the property owner o r by the city at
the property owner's expe ns e.
3457 . DUTY TO MAINTAIN TREES
1. It shall be the obl igation of the director or his/her designee , to perform app ropriate sched ul ed
main tenance, including but not limited to pruning , fe rtilization and pest co ntro l, based o n age,
species, size, and locat ion to assure the prop er ma intenance of all pub li c trees, excep t as otherwise
provided he rein .
2. With the exception of pruning and trimming, property owners are respons ib le for the proper
mainte nance of parkways , and the trees planted within the parkw ays, adjacent to thei r propert y.
Such ma intenance shall inc lude, but not be limited to, irrigat ion and maintain ing the area surrounding
the trees to be f ree fro m weeds or othe r obstruct ions.
3. If a private tree ca uses damage to a ny public right-of-way , the property owne r is responsible for the
cost of any repa irs performed by the city.
4. Notwithstanding other provisions of this articl e, it is the respons ib ility of every property owner, at the ir
sole cost, to keep all pri vate trees wh ich extend over any public stre et t rimmed so that the branc hes
overhanging the public street are at le ast fourteen feet above ground level, except t hat a clearance of
at lea st eight fe et shall be permitted over a sidewalk area.
5. The director or his/her designee may remove limbs from any tree or ~hrub regardless of its location , if
i n his/her opinion immed iate removal is n,ecessary because the limb presents an imm inent danger to
persons or property. If the remo val wou ld require ent ry onto priva~e property, the director or h is/her
designee shall co mpl y wit h the procedures for the summary abatement of nu isan ces in Section 4240
of thi s Code.
6. Any person requ esting service on any public tree such as trimming, prun ing , roo t pru nin g or spray ing,
b ut desiring to have it und ertaken soo ner than th e city is able to schedu le work , may app ly fo r a
perm it from the city pursuant to Section 3460.
3458 . PROTECTION OF TREES.
No pe rso n shall :
1. Plant, r emove, trim, prune , spray or cut above or below gro und a ny tree or sh ru b growing in the pub lic
righ t-of-way w ithout first obtaining a permit to do so from the director pursuant to Section 3460 . A
permit shall not be required to perform the routine mainten ance of parkway trees required by Sec ti on
3457(2).
2. Remove, injure or misuse any g ua.rd o r device placed to protect any tree or shrub growing in the
public right-of-way of the city .
3. A ttach or keep ~ttached to any tree g ro win g in any the publi c righ t-of-way an y rope , w ire, nail , tack ,
sta p le s, advertising poste rs or other co ntriva nce whatsoever.
4. Deposit, discha r ge, relea se, or apply, or allow any age nt, employee , invitee , or licensee allo wed to
enter upon h is property to deposi t, discharge, release or apply , any haza rdo us material or toxic
substanc e upon the ground that lies within the drip lin e of any tree or shrub growing in the pu blic
right-of-way.
5. Construct, place or maintain any structure or thing that it impedes the free access of w ater or air to a
public tree. ,
6. Pla ce o r pile building ma terial , equipme nt or other substance s arou nd any public tree.
7. Construct retai ning wa ll s, fences, or sim ilar improvements which impede the plan t ing or ma intai nin g
of publi c trees or affect the growth of pub lic trees.
8. Inte rfere , o r cause any person to interfere , with employees of the city or contractors employed by the
city , who are engaged in planting , maintaining, trea ting , removing or replacing any public tree or
s hrub 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 e nvironme nt and shall strive to preserve them
wheneve r possible and feas ibl e. Subject to provisions of this article, the director or his/her des ig nee
s hall 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 pub li c tree pursuant to a permit, if they
are deemed to be:
a) Dead ;
b) Dying, decayed or hazardous, or so w eakened by age , disease, storm, fire, excavation, removal
o f adjacent t rees, o r any injury so as to cause immine nt danger to persons or property ;
c ) Structurally unsound due to an abnormal and uncorrectable structure or appearance due to
seve re pruning or storm da mage;
d) · Diseased beyond reclamation, or the conditio n of w hic h is a source of present danger to hea lthy
trees in the vicin ity , providing that an ins pection and notice attesting to such fact has be en
completed by a state-licensed pest control advisor or arborist;
e) O bs tructing curb, gutter or sidewa lk repa ir, or in the way of a new curb, gutter or sidewa lk for
wh ich an exception to standard design is determined by th~ director to be inconsistent with
es ta blished pol icies and standards for public tree planting and maintenance;
f) In dangerous pro ximity to existing structures or interfer ing with existing utilities;
g) Causing excessive damage to curbs, gutters, sidewa lks , or driveways;
h) Obstructing proposed im provements so as to restr ict economic enjoyment of the adjace nt
property, including the construction or safe use of a driveway or parking space for which a permit
has been issued, un less such tree h as been designated as an exceptional specimen tree ;
i) Crowded by other trees and good horticultural practices dictates removal of some of them;
j) Otherwise health y, but the removal of which is cons id ered desirab le 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 ex ist simultaneously;
k) Causing an allergic reactio n to a property owner whose property is adjacent to the public tree .
The property owner must pro vide a ce rti ficatio n from a physician licensed to practice in Ca li forn ia
that the tree is causing the property owner to suffer allergic reacti ons. Excepti ona l specimen
trees may not be removed pursuant to this Secti on 3459(1 )(k).
2 . Remova l Process
All public t ree removals, whether by the city or by a private citizen pursua nt to a perm it issued under
Section 3460, shall adhere to the followin g procedures :
a) Upon approval of the removal of a public tree the city sha ll place a visib le, non-removable
mar king upon the subject tree indicating the tre!3 is scheduled for remo val 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 adj acent to wh e re the tree
is scheduled to be removed at least th irty (30 ) days prior to the remova l.
c) The city manager, acting thro ugh the director or hi s/her designee, may w aive notification
requirements for a tree remo va l in either of the fo ll ow ing circum stances:
1) When th e city manager, acti ng through the director or his/her designee, determines that a
tree's cond ition immediate ly threatens public health , safety or we lfa re ;
2) When local , state or federa l a ut horities have declared a state of emergency and a tree's
condition threatens public health , safety or welfare.
d) All tree rem oval s hall include the remova l of the stump and the removal of all stump grinding
chips and the backfilling. of the hole created by stump removal w ith a good quality top soil suitab le
for the replanting of a replacement tree .
e) All removed trees shall be rep la ced 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 t he master t ree list approved the city.
f) Trees that are touching or nearl y touch ing util ity lines shall be replaced with a recommended
species.
g) Al l tree replanting sha ll be with a m inimu m fifteen-gallon conta in er tree. For city removals , the
city will only plant a larger tree if a person agrees to pay th e difference in cos t of a larger
replacement tree size and any add it iona l costs associated wit h the pla nting of a la rger tree .
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 li censed contractor who wi ll be performing the
work , and any other in formation the director deems necessary. The applicant must also submit proof
of insu ran ce coverage for the proposed wo rk that satisfies the city's current insurance requi remen ts.
3. The director shall approve or deny the applicati on within thirty (30) days of receiving a completed
application and proof of in surance . The director shall notify the applican t by ma il of the decision.
Notice of the decis ion shall a lso be g iven to the property owner(s) who own property adjacen t to the
location of the tree.
4. The applicant or any other interested person may appeal the decis ion o f the directo r to the
commiss ion wi th in fifteen (15) days of the notification of the decision. The appea l shall be hea rd in
the same manner as provided in Section 3461.
5. The perm it ee 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 comm iss ion within fifteen
(15) days of notification of the decision. Upon receipt of an appeal requ est, the ·director shall schedule
the appeal hearing for the next available commission me eting. The appeal shall be a public hearing, and
mailed notice of the pub lic hearing shall be given to the ad j acen t property owner and any other person
who has requested notice at least ten (1 0) days prior to the hearing. If the commission denies an
appli cant's appea l, the applican t may request a final appea l to the ci ty council with in ten calendar days of
the commission's decision. The same procedures for an appea l to the commission sha ll be foll owed for
an appeal to the council. Fees for an appea l shall be determined by resolution of the city council.
3462. VIOLATIONS; PENALTIES
1. It shall be unlawful for any pe rson to ca use damage to a ny pub l ic tree by any act or om issio n ,
w henever such act or omission is express ly prohibited by this art icle or not. Neg lig en t or willfu l injury
to, or disfigurement of , any public tree sha ll be a vio lation of this article. Any pe rso n or persons who
neg li gently or w illfull y damage, disfigure or destroy any public tree shall be charged fo r a ll actual
replac ement or repair costs . Th e repair or replacement costs shall a lso inclu de a ll lega l ,
administrative and other costs incurred by the city associated with the repair or rep lacement.
2. Any person violating any of the provisions of this article shall be guilty of a misdemeanor and shall be
punishable therefor by a fine of no t more than five hundred dollars ($500.00).
ATTACHMENT C
Cathy Burroughs
Subject: FW: Safety iss ues-Street tree removal at 5471 Go lden West Ave. Temp le City, CA 91780
From: decent@att.net [mailto:decent@att.net]
Sent: Tuesday, November 25, 2014 10:15 AM
To: Cathy Burroughs
Cc: decent@att.net
Subject: Re: Safety issues-Street tree removal at 5471 Golden West Ave. Temple City, CA 91780
Hi Cathy, November 25, 2014
In response to your letter dated November 21, 2014 reversing staff's decision and my request to
remove the tree in question. I hereby appeal commission's decision based on:
1. Appeal made against the removal of the tree by the resident was not done in a timely manner,
making it invalid. Therefore should never have been considered in the first place.
2. The tree is in the public right of way.
3, The tree is causing and will continue to cause known and unknown damage to my property, even if
some cosmetic repairs are done on it for the time being. It will be just l ike putting a bandage on it
rather than getting to the root of the problem by removing the tree.
4. The tree is rising and will continue to rise higher above the ground getting wider, causing further
damage all around it, detrimental to the value of my property, putting more pressure on the vault
encasing the gas meter, making me more concerned about the safety of myself and my family.
5. Since the tree belongs to the city, it is only city's responsibility to make sure that it is not
causing any damage to my property and it is not unsafe for me and my family.
It is not the responsibility of any protestor or resident.
6 . All of the other issues/concerns stated in my email/letter dated November 05, 2014. (attached)
I just wonder, who does the city prefer to protect, a human life or a tree?
Hope the city will REMOVE this tree at its earliest.
Thanks you.
Ani l Bhalla
Owner
1
From: decent@att.net [mailto:decent@att.net]
Sent: Wednesday, November 05, 2014 10:02 AM
To: Cathy Burroughs
Cc: decent@att.net
Subject: Safety issues -Street tree removal at 5471 Go ld en West Ave. Temp le City, CA 91780
Cathy Burroughs, Director
Department of Parks and Recreation
City ofT em pie City
9701 Las Tunas Dr.
Temple City, CA 91780
November 05, 2014
Subject: Safety issues-Street tree removal at 5471 Golden West Ave. Temple City, CA 91780
Dear Ms. Burroughs,
I am a law abiding, non-complaining resident of City of Temple City for over twenty years. I have a
city owned Sycamore city tree in front of my property which has been giving me several problems all
those years but I never complaint to the city.
Now that the following problems are worsening and UNSAFE for the public as well, I have decided to
write this letter to you and also to respond to the recent appeal made against the removal of the tree
in question:
1. Growing tree roots getting dangerously close to the gas meter and can easily cause leak I
explosion.
2 . Growing tree roots are getting under my house, disturbing the floor gas heater.
3. Growing tree roots have broken (raised) the side walk.
4 . Broken (raised) side walk is a constant danger to the people walking and kids playing on it.
5. Broken (raised) side wa lk causes people with wheel chairs and people with strollers(with bab ies) to
avoid that and go around on the street, which can be dangerous for them, due to the oncoming traffic.
6. Tree roots are growing,getting under my house and disturbing the foundation of the house.
7. Growing tree roots are breaking the walk way to my front door.
8. Growing tree roots are getting under my house and breaking the concrete in my backyard.
9. The width of the tree wi t h the growing roots are spreading and touching the street. It is blocking my
view to the on coming traffic while backing out of the driveway as well, which can cause an accident.
2
10. Last but not the least, the overall appearance of the tree makes the house look unattractive,
causing the value of the house to drop, consequently dropping the value of the properties in the
neighborhood as well.
Additionally, I would like to say that Its me and my family facing all these risks and problems and not
any other resident of the city or neighbors appealing against the removal of this tree.
It is very easy to protest from yards away without any sensible reason.
Now it is up to the city to determine and decide if a human life and safety should be preferred over
any tree or the other way around.
Trees are for humans and not the other way around.
With all of the above concerns and any unforeseen risks, the tree in question should be removed as
soon as possible to avoid any further damage to my property( pictures to follow) and any risk of injury
to the public , for which city of Temple city can be held responsible.
For any and all of the concerns mentioned above, if not taken care of by the city immediately, the city
can be held responsible in-case anything goes wrong.
Due to the above mentioned undisputed issues, I am very much concerned about rne and my
family's safety.
Thank you for your favorable attention.
Sincerely
Anil Shalla
Owner
626-309-9915
PS: Please confirm the receipt.
3
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ATTACHMENT D
3-40-9: REMOVAL OF PUBLIC TREES:
A. Crit eri a For Remova l: The city va lu es trees as an important part of the e nvironment and sha ll
strive to preserve them w henever possib le and feas i ble. Subject to provisions of this article, the
director or his/her designee shall be respons ible for in spection , mai ntenance , re moval and
replacement of public trees, and may cause public tr~es to be re moved , or permit the removal of
a public tree pursuant to a permi t , if they are deemed to be:
1. Dead;
2 . 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 ;
3. Structurally unsound du e to an abnormal and uncorrectable structure or appearance due to
severe pruning or storm damage;
4 . D iseased beyond reclamat io n, or the co ndition of w hich is a source of present danger to
heal thy trees in th e vic inity, provid in g th at a n inspection and notice attesting to such f act has
been completed by a state li ce nsed pest control advisor or arborist;
5. Obstructing curb, gutter or sidewalk repair, or in the way of a new cu rb, gutter or sidewa lk for
w hi c h an exception to standard de sign is determined by the d irect or t o be in co nsi st ent with
estab lished pol icies and standards for publi c tree planting and main tenance;
6 . In dangerous proximi ty to existing structures or interfering with existing utilities ;
7. Causi ng excessive damage to curbs, gutters, sid ewa lks, or driveways ;
·8. Obstructing proposed improvements so as to restrict economic enj oyment of the adjacent
property, in clu ding th e co nstruction or safe use of a driveway or par king space for which a
pe rmit has been issued, unless s uch tree has been designated as an exceptional specimen
tree;
9. Crowded by other trees and good horticu ltural practices dictate removal of some of them;
10. Otherwise hea lth y , but th e r emoval of which is considered des irab le because it is a proven
nui sa nce species and/or in order to ac hi eve a properly st aged tree rep lacement schedu le
which enables severa l generations of trees to exist s imultan eo usly;
11 . Causing an allergic reaction to a property owner whose property is adjacent to the public tree.
The prope rty ow ner must provide a certificatio n from a physician licensed to practice in
California that the tree is causing th e property owne r to suffer allergic reactions. Excepti ona l
specimen trees may n ot be removed pursuant t o th is subsection 3-4D-9A 11 .
ATTACHMENT E
PARKS & RECREATION COMMISSION MINUTES
November 19, 2014
Page 3
-·-B.
Ms . Louie requested the City's assistance with some of her costs including
for the solar panels and legal fees.
Chairman Haddad closed public comments.
Commissioner Georgina moved to reverse staff's decision to remove the
tree and approve the appeal, seconded by Commissioner Rosso and
unanimously carried by the following vote:
AYES:
ABSTAINED:
NOES :
ABSENT:
Commissioner:
Commiss io ner:
Commissioner:
Commissioner:
Fish, Georgina, Vice-Chairman
Rosso, Chairman Haddad
None
None
Lopez
Parks and Recreation Director Burroughs indicated information will be
provided to the property owner regarding their right to appeal to the City
Council.
APPEAL OF STAFF DECISION TO REMOVE A SYCAMORE TREE
LOCATED AT 5471 GOLDEN WEST AVENUE
Parks and Recreation Director Burroughs presented the staff report.
Carol Cushing, Temple City resident commented on the property owner's
responsibility to maintain and upkeep of the property and asked the
Commission to consider keeping the tree.
Marvanne Noonan, Temple City resident stated her desire to keep the
tree. She indicated the Gas Company would repair the damage and asked
if the sidewalk could be sloped in lieu of removing the tree.
Commissioner Georgina stated that the cracks were not significant
enough to warrant removal of the tree and asked staff for possible
alternative measures.
Lead Tree Trimmer Cruse stated he recommends removal of the tree to
prevent potential damage to the surrounding property.
Parks and Recreation Director Burroughs stated that the property owner
believes the tree is a liability issue.
The Commission discussed possible options including removal of the
sidewalk, sloping the sidewalk over the root and re-routing the sidewalk to
prevent the loss of the tree.
PARKS & RECREATION COMMISSION MINUTES
November 19, 2014
Page 4
Parks and Recreation Director Burroughs stated the City would need to
keep the sidewalk because of ADA requirements.
Lead Tree Trimmer Cruse stated that the easement is 10 -12 feet which
does not allow for the sidewalk to be re-routed.
Commissioner Fish requested staff research cities with policies protecting
the historical trees, and what measures they take to protect trees from
removal; she wou ld like to see what can be done to save the tree.
Vice-Chairman Rosso moved to approve the appeal to remove a
sycamore tree located at 5471 Golden West Avenue, seconded by
Chairman Haddad and unanimously carried by the following vote:
AYES: Commissioner:
ABSTAINED: Commissioner:
NOES: Commissioner:
ABSENT: Commissioner:
Fish, Georgina, Vice-Chairman
Rosso, Chairman Haddad
None
None
Lopez
C. REQUEST FROM THE EL MONTE UNION HIGH SCHOOL DISTRICT
FOR RESERVED USE OF ROOMS AT THE LIVE OAK PARK
COMMUNITY CENTER FOR A WINTER FORMAL DANCE ON
JANUARY 10, 2015 AND CONSIDERATION OF A FEE WAIVER FOR
THE EVENT
Parks and Recreation Supervisor Koski presented the staff report.
Joe Vu, Assistant Principal-Activities from El Monte High School stated
use of the Community Center would allow students the opportunity to have
a dance with a minimal cost impact for the students.
Allende Palma-Saracho, Assistant Principal-Activities from Mountain View
High School provided information on security, the students and the
success of previous joint dances.
Chairman Haddad moved to approve the request from the El Monte Union
High School District subject to the conditions in the staff report, seconded
by Commissioner Fish and unanimously carried by the following vote :
AYES:
ABSTAINED:
NOES:
ABSENT:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Fish, Georgina, Vice-Chairman
Rosso, Chairman Haddad
None
None
Lopez
ATTACHMENT F
5471 Golden West Avenue