HomeMy Public PortalAbout06) 7C Second Reading and Adoption of Ordinance 15-1007 Tree Preservation and ProtectionDATE:
TO:
FROM:
SUBJECT:
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
October 20 , 2015
The Honorable City Council
Bryan Cook, City Manager ,{),_,
By: Cathy Burroughs , Director of Parks and Recreation Cy
AGENDA
ITEM 7.C.
SECOND READING AND ADOPTION OF ORDINANCE NO. 15-1007
AMENDING CHAPTER 4 , ARTICLE D OF THE TEMPLE CITY
MUNICIPAL CODE RELATIVE TO TREE PRESERVATION AND
PROTECTION
RECOMMENDATION:
The City Council is requ ested to waive further reading and adopt Ordinance No . 15-
1007 (Attachment "A") amending sections 3-4D-6 and 3-4D-9 of the Temp le City
Municipal Code (TCMC) relative to tree preservation and protection incorporating
Cou ncil comments from the October 6, 2015 reg ular meeting .
BACKGROUND:
On October 6 , 20 15, the City Council introduced Ordinance No. 15-1007 for first
reading, by title only, amending two sections of Chapter 4 , Article D . TREE
PRESERVATION AND PROTECTION of the T CMC. The proposed amendments
included additiona l criteria for removal of City owned trees . Staff responded to
questions from Councilmembers a nd th e public.
ANALYSIS :
As provided in the staff report for the October 6 , 2015 City Council Meeting (Attachment
"B"), the City of Temple City cu rrently owns and is responsible for maintenance of over
5,800 trees, val ued at over $18 mi lli o n , located in the public right-of-way, parks , and
parking lots . To protect this significant investment the City Council adopted a Tree
Preservation and Protection Ordinance (O rdin ance No. 13-983) in December 2013
which reflects current best practices relative to public trees and established policies ,
procedures , and expectations for City-owned trees located in public right-of-way.
City Council
October 20 , 2015
Page 2 of 2
Since adoption of Ordinance 13-983 , staff has become aware of a few sections that
requ ired clarification and/or additions including §3-40-6 which requires approval of the
City prior to planti ng trees or shrubs in the public right-of-way and §3-40-9 which
specifies criteria for removal of public trees .
Duri ng City Co unci l discussion on October 6 , 2015 , the City Council directed staff to
remove the fo llowing sect ion from the proposed ordina nce :
In the event that the recommended removal of a nonconforming street tree
is protested by the abutting property owner, the city may enter into an
agreement transferring the responsibility for future maintenance, repairs,
costs, and liability thereof to the property owner. In the event of failure by
the property owner to carry out any of his obligations under such an
agreement, the agreement shall become void and cause for removal by the
city of the nonconforming tree .
Ordinance No . 15-1 007 has been revised to reflect this change .
CONCLUSION :
The City Council is requested to adopt Ordinance No . 15-1007 amending sections 3-
40-6 and 3-40-9 of the Temple City Municipal Code (TCMC) relative to tree
preservation and protection .
FISCAL IMPACT :
This item does not have an impact on the Fiscal Year (FY) 2015-16 City Budget.
ATTACHMENTS:
A. Ordinance No. 15-1007
B . October 6, 2015 City Council Staff Report
ATTACHMENT A
ORDINANCE NO. 15-1007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY AMENDING SECTIONS 3-4D-6 AND 3-4D-9 OF THE TEMPLE
CITY MUNICIPAL CODE RELATIVE TREE PRESERVATION AND
PROTECTION
THE CITY COUNCI L OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1 . Sections 3-4D-6 AND 3-4D-9 of the Temple C ity Mun ici pal Code are
hereby amended to read as fo llows . Add it ions are underlined, and de letions are struGk-Gtlt .
§ 3-4D -6: APPROVAL PRIOR TO PLANTING : No tree or shrub shall be planted Ety-a
~eF in the publ ic right of way of the c ity unless the director or his/her designee
first approves the kind and varie ty , des ignates the location t herefor, and gra nt s a permit for
plant ing pursua nt to section 3-4 D -1 0 of th is articl e. Any tree planted without a permit, or
any tree that voluntar il y grows in a public area th is is not an approved species . or is not
located in a desirable area . shall be removed by th e property owner or by the cit y.
§ 3-4D-9: REMOVAL OF PUBLIC TREES :
A . Criteria fo r R emoval : The city values trees as an important part of the environment
and shall strive to preserve them whenever poss ible and feas ible . Subject to provision s of
this art icle , the director or his/he r designee s ha ll be respons ib le for inspection ,
maintenance , re m ova l and replaceme nt of public trees , a nd may cause public trees to be
removed , or permit the remova l of a publi c tree pursuant to a perm it , if they are deemed to
be :
1 Dead ;
2. Dy ing , decayed or hazardous, or so weake ned by age , disease , storm , fire ,
excavation , remo val of adja cent trees , or any injury so as to cause im m inent
danger to persons or property;
3. Structu rally unso und due to an abnorma l and un correc table structure or
appearance due to severe prun in g o r storm damage;
4 Diseased beyond reclama tion , or the condition of which is a source of present
danger to health y trees in th e vicin ity , provi d ing that an inspection and notice
attestin g to su ch fac t has been completed by a state licensed pest contro l ad visor
or a rbo rist;
5. Obstructin g curb , gutter or sidewalk repair , or in the way of a new curb , gutter or
sidewalk for wh ic h an exception to standard design is determined by the d irector
to be incons istent with estab lished policies and standards fo r pub li c tree planting
and maintenance;
6 . In dangerous proxi mity to existing structures or interfering with existing utilities;
7. Caus ing excessiv e damage to cu r bs , gutters , s id ewalks, or driveways ;
8 Obstruc ting proposed imp rove ments so as to restrict economic en joyment of the
adjacen t property , includ ing the constru ction or safe use of a driveway or pa rkin g
space fo r wh ic h a permit has be en issue d , unless su ch tree has been de signa ted
as an exceptional specimen tree ;
9. Crowded by other trees and good horticultural practices d ic tate re moval of some
of them ;
10. Oth erwise health y, but the remova l of which is considered desirable because it is
a prove n nu is ance species and /or in order to ach ie ve a properly staged tree
replacement sch edule w hich enables several generations of trees to exist
simultaneous ly ;
1 1. Causing an a lle rg ic react io n to a property owner whose property is ad j acent to
th e public tree . The prope rt y owner must p rovi de a certification from a phys ician
Ord inance No 15-1 007
Page 2
licensed to practice in California that the tree is causmg the property owner to
suffer allergic reactions . Exceptional specimen trees may not be removed
pursuant to this subsection 3-4D-9A 11 ;
12 Incompatible with the growing space or unsuitable for use in its present location ;
13 To facilitate hardscape repairs that cannot be completed Without severe root
pruning or other action that would jeopardize the health and stability of the tree .
SECTION 2 . The City Clerk shall certify to the passage and adoption of this Ord in ance
and shall cause the same to be published accord ing to law.
PASSED , APPROVED AND ADOPTED on th is 20 1h day of October, 2015 .
MAYOR
ATTEST APPROVED AS TO FORM :
City Clerk City Attorney
I, C1ty Clerk of the City of Temple City, hereby certify that the foregoing Ord inance No .
15-1007 was introduced at the regular meeting of the City Council of the City of Temple C ity held
on the 61h day of October 2015 and was duly passed , approved and adopted by sa id Council,
approved and signed by the Mayor and attested to by the City Cle r k at the regular meeting held
on the 201h day of October 2015 by the following vote :
AYES :
NOES .
ABSENT.
City Clerk
Councilmember-
Councilmember-
Councilmember-
ATTACHMENT B
PARKS AND RECREAT ION DEPARTME NT
MEMORANDU M
DATE : October 6, 2015
TO : The Ho norable City Cou ncil
FROM: Bryan Cook, City Manager
By: Ca thy Burroughs, Director of Parks and Recreation
SUBJECT: FIRST READING AND INTRODUCTION O F O RDINAN C E NO . 15-1007
AMENDING CHAPTER 4 , ARTICLE D OF THE T EM PLE CITY
MUNICIPAL CODE RELATIVE TO TREE PRESERVATIO N AND
PROTECTION
RECOMMENDATION:
The City Council is requested to :
a) Introduce Ordinance No . 15-1007 (Attachment "A") for first reading by title only,
amending sectio ns 3-4D-6 and 3-4 D-9 of the Temple City Municipal Code (TC MC);
b) Waive further reading of Ordinance No. 15-1 007 ; and
c) Schedule the seco nd reading of Ord inance No . 15-1007 for Octo ber 20 , 2015.
BACKGROUND :
1. On July 1, 20 10, th e Parks and Recrea ti on Departme nt assumed all duties of, and
responsibilities for the City's trees and pa rkways program .
2. On February 19, 2013, the City Co u ncil adopted Ordinance No. 13-966 amending
Section 2607 of the TCMC relative to the duties of the Parks and Re creation
Co mmissio n. The proposed ord i nance revised the duties of the Parks and
Recreation Co m mission to include review and oversight of programs , plans ,
policies , and budgets for trees and parkways .
3. O n Octobe r 16, 2013, afte r months of study , the Parks and Re creatio n
Comm ission recommended a pprova l of a revised tree ordinance that would repeal
Article D of t he TCMC (Roadside Trees) and replace it with a new Tree
Preservation and Protection ordinance.
4. On December 3, 2013 , the City Council adopted Ordinan ce No . 13-983, as
City Council
O ctober 6 , 2015
Page 2 of 3
recommended by the Parks and Recreation Commission . Ordinance No . 13-983
repealed the existing Roadside Trees Ordinance contained in Title 3 , Chapter 4,
Article D of the Temple City Municipal Code and replaced it with the Tree
Preservation and Protection Ordinance which reflected current best practices
relative to public trees and established policies , procedures , and expectations for
City-owned trees located in public rights of way.
5 . On August 19 , 2015, the Parks and Re creation Commission considered various
amendments to the Tree Preservation and Protectio n Ord inance and
recommended approval to the City Council.
6 . On September 17, 2015 a Public Hearin g Notic e was published in the Temple City
Trib une regarding proposed Ordinance No . 15-1007 .
ANALYSIS :
The City of Temple City currently owns and is responsible for maintenance of almost
6 ,000 trees , valued at over $22.5 million , lo cated in the public right-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 in 2011 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 a nd recommendations
as appropriate on matters involving the care and maintenance of City-owned trees ; and
2) Rev ision of the City's Roadside Tree Ordinance . Both elements were completed in
2013 with the adoption of Ordinances 13-966 and 13-983.
Since adopt ion of Ordinan ce 13-983, staff has become aware of a few areas of the
TCMC that may need clarification as well as some minor additions. One area in
particular deals with trees that are currently located in the public right-of-way that the
City did not plant , or approve for planting . Many of these trees are large mature trees ,
but they are either the wrong species for the area, or planted in an area that is
incompatible with the tree (i.e . in an alley, close to a utility pole or wall , etc .). Most were
either planted by a resident without a permit , or grew voluntarily from seed . To allow
the City the ability to remove non-permitted trees , staff recommends Chapter 4 , Article
D of the TCMC be amended to deal with these s ituations . For the City Council's
clarification , § 3-40-9 : REMOVAL OF PUBLIC TREES , currently includes eleven (11)
criteria for removal. The proposed amendment adds two additional criteria .
Following are the recommended amendments to the Tree Preservation and Protection
Ord inance (de letions in strikethrough , additions in red ):
§ 3-40-6 : 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 d irector or
his/her designee first approves the k ind and variety , designates the location
therefor, and grants a permit for planting pursuant to section 3-40-10 of this article .
Any tree planted without a permit, or any tree that voluntarily grows in a public area
City Council
October 6 , 2015
Page 3 of 3
that is not an approved species , or is not located in a desirable area , shall be
removed by the property owner or by the city.
In the event that the recommended removal of a nonconforming street tree is
protested by the abutting property owner, the city may enter into an agreement
transferring the responsibility for future maintenance , repairs, costs , and liability
thereof to the property owner. In the event of failure by the property owner to carry
out any of his obligations under such an agreement , the agreement shall become
void and cause for removal by the city of the nonconforming tree .
§ 3-4D-9 : REMOVAL OF PUBLIC TREES:
A. 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 :
12 . Incompatible with the growing space or unsuitable for use in its present
location ;
13 . To faci litate hardscape repairs that c annot be c ompleted without severe
root pruning or other action that would jeopardize the health and stability
of the tree .
The Parks and Recreation Commission approved the proposed amendments at their
regularly scheduled meeting on August 19 , 2015 and recommended approval to the City
Council. The City Attorney reviewed the proposed amendments prior to consideratio n
by the Commission.
CONCLUSION:
Ordinan ce No . 15-1007 amends two sections of Chapter 4 , Article D . TREE
PRESERVATION AND PROTECTION of the TCMC . The proposed amendments
include additional criteria for removal of City owned trees .
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budg et.
ATTACHMENT:
A. Ordinance No . 15-1007