HomeMy Public PortalAbout10) 8B Appeal of Parks and Recreation Commissions decision - removal of a Stone Pine Tree 6333 Encinita AveDATE :
TO :
FROM :
AGENDA
PARKS AND RECREATION DEPARTMENT ITEM 8.8.
MEMORANDUM
January 17 , 2017
The H o norable City Counci l
Bryan Cook, City Manager n h.
By : Ca t hy Burroughs , Director of Parks and Recreation 'U f/
Steve Lawson , Parks and Recreation Manager
SUBJECT: APPEAL OF PARKS AND RECREATION COMMISSION 'S DECISION TO
REMOVE A STONE PINE TREE LOCATED IN THE PUBLI C RIGH T OF
WAY AT 6333 ENCINITA AVENUE
RECOMMENDATION :
Th e Ci t y Cou ncil is requ ested to :
1. Conduct a Publi c Hea ring ;
2 . Cons ider t he tree removal appea l regarding t he Stone Pine tree located in the
public right of way at 6333 Encinita Avenue ; and
3. Uphold the Pa rks and Recreation Commission 's decision to remove the tree .
BACKGROUND:
1. On Decembe r 3 , 2013 , the C ity Council adopted Ord inance No . 13-983 repealing
the exis ting Roadside Trees Ordi nance and replacing it with a Tre e Preservation
and Protection O rdinance . Ord i nan ce No . 13-983 reflected curren t best practices
relative to public .t rees and es tablis hes policies , procedures , and expectations for
City-owned trees located in pub li c right of ways .
2. O n January 3, 2014, Temple Ci ty 's Tree Preservation and Protection Ordinance
became effective p roviding an appea l process for staffs determination to plant or
remove City-owned trees .
3. On October 11, 2016 , the Community Development Department contacted the
Parks & Recreation Department (Department) and requested that Rob Cruse , City
Arborist , assess the Stone Pine tree at 6333 Enc inita Avenue to determine if it was
causi ng damage to adjacent hardscape , speci f ically the street. Mr . Cruse visited
6333 Enci n it a Av e nue and dete rmi ned th e tree was causing damage to the
City Council
January 17 , 2017
Page 2 of 5
hardscape and was also a potential hazard due to included bark and codominant
branching. Because of concerns with the structural integrity of the tree , the
Department sought a second opinion and retained West Coast Arborists (WCA) to
complete an arborist report.
4 . On October 25, 2016 , WCA submitted an arborist report to the Department for the
Stone Pine tree located at 6333 Encinita Avenue (Attachment "A "). Based on
information contained in the report , and staff observations , the tree was added to
the City 's Tree Removal List that same day.
5 . On October 27, 2016 , Mark Enkelaar, David Jones , Maryann Rachford , Thorn
Rachford , and Eugene B. Rudder submitted Notice of Appeals to the Department
appealing the removal of the Stone Pine tree located at 6333 Encinita Avenue .
6 . On November 1, 2016 , Eliza Grimaldi , Jerrine Shanks , and Kathleen Van Bibber
submitted Notice of Appeals to the Department appealing the removal of the t ree
located at 6333 Encinita Avenue .
7 . On November 3 , 2016 , Curtis W . Owen and Kuo Chin Sun I Chia Huey Lin
submitted Notice of Appeals to the Department appealing the removal of the tree
located at 6333 Encinita Avenue .
8 . On November 3 , 2016 , the property owner and the ten (1 0) indiv iduals who
submitted appeals were notified via mail that removal of the Stone Pine tree had
been appealed and that the Parks and Recreation Commission would consider the
appeal at their regular meeting on November 16, 2016 .
9 . On November 16 , 2016 , the Parks & Recreation Commission conducted the tree
removal appeal hearing and subsequently voted 2-2 , with one Commissioner
absent. It was agreed that the appeal would be heard again at the next Parks and
Recreation Commission meeting on December 21 , 2016, as all five (5)
Commissioners were scheduled to attend .
10 . On December 12 , 2016 , the property owner and the ten (1 0) individuals who
submitted appeals were again notified via mail that removal of the Stone Pine tree
would be considered by the Parks and Recreation Commission at their regular
meeting on December 21, 2016 .
11. On December 21 , 2016 , the Parks and Recreation Commission cons idered the
appeal and upheld staff's determination to remove the tree.
12. On December 31, 2016 , Mr. Enkelaar submitted a Notice of Appeal to the City
appealing the Parks and Recreation Commission's decision to remove the tree to
the City Council (Attachment "B").
City Council
January 17 , 2017
Page 3 of 5
13. On January 5 , 2017 , the property owner and appellant were notified via ma i l that
the C ity Council would consider the appeal at their regular meeting on January 17 ,
2017 .
ANALYSIS:
Each year the City develops a tree removal list. The list includes trees that City staff, in
particular the City 's Arbo rist Rob Cruse , has inspected and determined meet the criteria
for removal as outlined in Section 3-4D -9 of the Temple City Municipal Code (TCMC)
(Attachment "C").
At the request of the City's Community Deve lopment Department, Mr. Cruse inspected
the Stone Pine tree located at 6333 Encinita Avenue to determine if it was caus i ng
damage to adjacent hardscape , specifically the street. The tree is approximately 35
feet in he ight and is listed in our tree database to be in "fair" condition by WCA.
Upon inspection , Mr. Cruse confirmed the Stone Pine tree was indeed caus i ng
significant damage to the adjacent hardscape and was also a potential hazard due to
included bark and codominant branches . Included bark is a branch defect that develops
when two or more stems grow c losely together, typically on the inner faces of a narrow
fork . Included bark lacks strong supportive fiber strength and prevents branches from
establishing strong attachments to the trunk . Codominant branches are branches that
originate at about the same pos ition on the trunk and grow about the same diameter.
The problem is that over t ime the branches may push against each other and cracks
may form at the bottom of the "vee" formed by the two branches. If cracks form , the
stems become a high risk for failure at low or moderate loading . Co-dominant stems
with included bark have an increased risk of failure . The Stone Pine tree at 6333
Encinita Avenue was not planted by the City and was not , until very recently, trimmed
nor maintained by the City . If it had been , actions could , and likely would , have been
taken when the tree was young to correct these structural deficits. Attached are photos
of the tree and the adjacent areas (Attachment "D ").
As a result of h is inspection , Mr. Cruse recommended removal of the Stone Pi ne tree
and the purchase and installation of two new trees in the public right of way . The
Department subsequently sought a second op in ion on the state of the tree and reta ined
WCA , the City's tree trimm ing contractor, to complete an arborist report . Based on the
City Arborist's recommendations and the results of the WCA report, the Department
placed the tree on the Tree Removal List. Although the WCA report does not
specifically recommend removal , it does confirm that the tree has a known defect and
will require ongoing maintenance to "attempt to reduce the like lihood of fai l ure". The
report concl udes with a statement that "City staff must determine how much risk the
City is willing to accept with a tree that is alive and healthy , but has known def ects ". The
property owner has also requested the tree be removed due to the structura l defects
City Council
January 17 , 2017
Page 4 of 5
and concerns that a large branch could spl it from the tree causing damage to his
property or injury to persons that may be in the area.
This proposed tree removal falls under Section 3-4D-9 :A of the TCMC, which identifies
criteria for removal. Appl icable subsections include : 1) Subsection 2 : Dying, decayed or
hazardous, or so weakened by age, disease, storm, fire , ex cavation , remo val of
adjacent trees, or any injury so as to cause imminent danger to persons or property; 2)
Subsection 3 , in part: Structurally unsound due to an abnormal and uncorrectable
structure ; and 3) Subsection 7 : Causing ex cessive damage to curbs, gutters , sidewalks,
or driveways . The Stone Pine tree at 6333 Encinita Avenue was assessed by both the
City Arborist and WCA and found to be causing damage to the adjacent hardscape and
has a potential for limb failure due to the identified structural defects . Failure to remove
the tree poses a potential risk and liability to the City .
At the Parks and Recreation Commission (Commission) meeting on December 21 ,
2016, Mr. Enkelaar argued that the TCMC states that it is the policy of the City to
protect and p reserve all desirable trees that are located on the City's right of way . In his
appeal, Mr. Enkelaar stated that the tree was healthy , was not causing significant
hardscape damage , and was not a hazard . While the tree may be healthy , it has been
identified by two experts as posing a risk and therefore a hazard to the City. There may
be actions that can be taken to reduce the risk , but unless the co-dom inant branches
with included bark are removed , which is not advisable due to the size of the branches,
the risk for failure will remain . As indicated above , two new trees will be planted in the
public right of way after the Stone Pine tree is removed . The exact locations of the new
trees have not yet been determined but adequate space does exist. The Commission ,
after hearing testimony from both parties , denied the appeal upholding staff's decision
to remove the tree . Attached are the approved minutes from the Commiss ion 's
November 16 , 2016 meeting and the draft minutes from the December 21 , 2016
meeting (Attachments "E" and "F").
It is important to note that by removing and replacing older, mature trees with new
trees , when deemed appropriate , the C ity conti nues to repopulate and diversify its
urban forest.
CITY STRATEGIC GOALS:
Uphold ing the Parks and Recreation Commission 's decision to remove the Stone Pine
tree located at 6333 Encinita Avenue will promote or further the City's Strateg ic Goals
of Publ ic Health and Safety and Quality of Life .
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2016 -17 City Budget.
City Council
January 17, 2017
Page 5 of 5
ATTACHMENTS:
A. WCA Arborist Report
B. Notice of Appeal -Mark Enkelaar
C . Temple City Municipal Code §3-4D-9 : Removal of Public Trees
D . Photographs of Stone Pine Tree at 6333 Encinita Avenue
E. Minutes of the Parks and Recreation Comm ission 's Regular Meeting of November
15 ,2016
F. Draft Minutes of the Parks and Recreation Commission 's Regular Meeting of
December 21 , 2016
Tree Care Professionals SeNing Communities Who Care About Trees
October 25, 2016
City of Temple City
ATIN: Mr. Robert Cruse
9701 Las Tunas Dr.
Temple City, CA 91780
RE: 6333 Encinita Avenue Side 5 Stone Pine
Mr. Cruse,
ATTACHMENT A
www.WCAINC.com
Pursuant to your request, this report has been prepared to present findings of health
and condition of the Stone Pine at 6333 Encinita Avenue, side 5 on Olema Street. The
site was visited on Tu esday October 18, 2016 all comments and discussion that follows
are based on my observations wh ile on th e site .
OBSERVATIONS & GENERAL DISCUSSION:
On October 11, 2016 we received a requ est via phone to evaluate this Stone Pine tree
for health and cond ition and su bmit a report of findings. Tim Crothers visited the site to
inspect and prepare an arborist report. All findings report ed in this eva lu ation were
observed on this day at approx_imately 11:00 AM and the tool used was a camera. The
tree is on a residential property under construction and the property is fenced off,
preve nti ng access to the tree.
The Stone Pine at the side 5 location in the inventory at this address is of mature age,
approximately 29" DSH, 35' in he ight, 35' in canopy spread. Targets in the vicinity of
this tree at this time include the construction zone and workers, parked cars on Encinita
Avenue and Ol e ma Street, and vehicle/ pedestrian traffic on Woodruff Avenue on
Olema Street. There i s grid pruning work history on th is tree in 2002 . There is up to
50% pavement over th e roots. T he prevailing w ind in the area is from the north/
no rtheast. The relative crown si ze and density is large and dens e, there are a normal
amount of interi or branches, the canopy is fully exposed to w i nd. The canopy consists
of 100% normal fo li age. No pests were observed. Roots may have been cut as part of
the constructi on process.
Page 1
West Coast Arborists, Inc.
2200 E. Via Burton Street, Anaheim, CA 92806 714.991.1900 800.521.3714 Fa x 714.956.3745
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC .com
Image 1 shows t he tw iste d natu re of t he cod om inant branching habit of t his tree.
St one pines typical ly produce a codom inant branching habit that is cons id ered a defect.
Thi s type of branching resu lts in the twisted habit seen in the image and can contri bute
to the failure of large l imbs. The compe ting branche s put we ight and pressure o n each
other until one will brea k. At this t i me there are no permanent structures within the
drip line of the tree so if a branch were to fail , the likelihood of impact on a target is low.
However, with co nstru ction o n going the likelihood of impa ct will change and increase
over time.
RECOMMENDATIONS:
Given the known defect condition in the tree and history of f ai lures associated w i th this
species it is recommended that this tree have crown reduct ion pruning specifically to
red uce end we ight on the competing codomi nant branches in t he next year. In the long
term, this is a tree that wi ll requ ire reg ul ar maintenance to co ntain the size and attempt
to reduce the like lihood of failure. The city staff must dete rm ine how much risk the city
i s willing to accept w ith a tree that i s al ive and healthy, but has known defects.
Page 2
West Coa st Arborists, Inc.
2200 E . Via Burton Street , Anaheim , CA 9280 6 714.991.1900 800.521.3714 Fa x 714.956.3745
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com
Th e intent of this report was to provide as comp lete and unbiased an opm1on as
possible with regards to the current cond ition of the Stone Pine tree discussed above. If
you have any questions or require additional information, please feel free to contact me
at (714) 412-1980.
Respectfully,
7~,4~
Tim Crothers
ISA Certified Ar borist #WE-7655AUM
ISA Qualified Risk Assessor
West Coast Arborists Inc.
Page 3
West Coast Arborists, Inc.
2200 E. Via Burto n Street , Anaheim , CA 92806 714.991.1900 800.521.3714 Fax 714.956 .3745
DATE RECEIVED ATTACHMENT 8
DEC 3 1 'l016 Ci ty of Temple City -Depa rtm e nt of Parks and Recreation
_ ... ·--;r ;;.·~··. 10144 Bo gu e Str ee t , Te mple City CA 91780 (62 6) 285-2 171
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PARKS:' •J\El5. ·,E ATION
\ .. · .. :·~~~~'-..:) NOTIC E OF APPEAL -TREE REMOVAL
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A PP ELLANT ADDREss: "B o 'l 5 '-/2-TeMPLe? c , N c. A 1 tQ iv
(All co rres pondence will b e mailed to this ad d r ess)
Phon e: Emai l :
TREE(S) LOCATION: 033 3 /;N C.jtJ ) !A --~~------~--~~~~-----------------------------
J.llea se st ate spe ci f ic rea son(s ) for the appea l (u se separate sh ee t if n ecessa ry)
REA so N FoR APPEA L: HeAL rJ-•'f -rfLe£-t--~o rf-H\. z..Afl-'b
------------------------------------------------------------------
APPELLAN T S I GNATURE ~-----=--~=-~=~---------------
Print Name : f\..1-A~ \::._l'\{I..L .. Ci..-1\.A"-
By signing thi s Notice o f Appeal -Tree Removal Form, I hereby certify th at I am a re sident o r
prope rty owne r o f the City of Templ e Ci t y. I f u rther certify that I have read Section 3459 of the
1 CMC , i ncludi ng th e appea l s p r ocess.
Pl ease return thi s form by email t o: di ngrurn@templecity.us., mail to : City of Templ e City, Attn:
D e partme nt of Park s an d Re crea t ion, 9701 Las Tuna s Dr, Te mple City CA 91780 or in p e r so n at
th e Live Oak Park Annex, 10144 Bog ue Street, Temple City.
NOTE : The appellan t ha s th e burd en of p r oof. I n o rder for the appellant to p revail, he/she
mu st sh ow by c lea r and convinci ng e vidence, that City staff's deci si o n t o remove or not remove
a street tree is n o t a u thori zed b y app l icab l e f ederal, sta t e or loca l l aw, or is inconsiste nt with
t h e r emova l cr iteri a per Secti on 3459 of the (T CM C) Temple City Municipal Code .
ATTACHMENT C
3-40-9: 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 :
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 due to an abnormal and uncorrectable structure or appearance
due to severe pruning or storm damage ;
4 . 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 noti ce attesting to such
fact has been completed by a state licensed pest control advisor or arborist ;
5. 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 ;
6 . In dangerous proximity to ex isting structures or interfering with ex isting uti lities ;
7 . Causing ex cessive damage to curbs, gutters , sidewalks , or driveways;
8 . Obstructing proposed improvements so as to restrict economic enjoyment of the
adjacent property, in cluding the construction or safe use of a driveway or parki ng
space for which a permit has been issued , unless such tree has been designated as
an exceptional specimen tree ;
'
9. Crowded by other trees and good horticu ltu ral practices dictate removal of some of
them ;
10 . 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 ;
11 . 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 l icensed
to practice in California that the tree is ca using th e property owner to suffer allergic
reactions . Exceptional spec im en trees may not be removed pursuant to this subsection
A11 ;
12. In compatible with the growing space or unsuitable for use in its present locati on ;
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. (Ord . 15-1 007)
http ://www. sterlingcodifier s . corn/codeb oo k/printnow. p hp 1/5/2 017
t e rlin g Codifiers, In c . Pa ge 2 of2
B . Removal Process : All public tree removals , whether by the city or by a private ci t izen
pursuant to a permit issued under section 3-40-10 of this article , shall adhere to the
following procedures:
1. Upon approval of the removal of a public tree the city shall place a vis ible ,
nonremovable marking upon the subject tree indicating the tree is scheduled for
removal a minimum of thirty (30 ) days prior to its removal.
2 . 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.
3 . The city manager, acting through the director or his/her designee , may wa ive
notification requirements for a tree remova l in either of the following circumstances :
a . When the city manager, acti ng through the director or his/her designee , determines
that a tree's condition immediately threatens public health , safety or welfare ;
b . When local , state or federal authorities have declared a state of emergency and a
tree 's cond ition threatens publ ic health , safety or welfare .
4 . All tree removal s hall include the removal of the stump and the removal of all stump
grinding chips and the backfill ing of the hole created by stump removal with a good
quality topso il suitable for the replanting of a replacement tree .
5. 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 by the city .
6. Trees that are touch ing or nearly touching util ity lines shall be replaced with a
recommended species .
7 . All tree replanting shall be with a minimum fifteen (1 5) 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 . (Ord . 13-983)
hnp://www.sterlingcod ifi e rs .com/code boo k/pri ntn ow.php 1/5/2017
--------------~-~-~~~~
ATTACH M ENT D
Photographs of Stone Pine Tree at 6333 Encinita Avenue
ATTACHMENT E
PARKS & RECREATION COMMISSION MINUTES
November 16, 2016
Page 4
-·~~ C . APPEAL OF STAFF DEC ISION TO REMOVE A STONE PINE TREE
LOCATED AT 6333 ENC INITA AVENUE
Parks and Recreation Manage r Lawson presented the staff report.
The Commiss ion discussed t he decision to remove the tree and reviewed
provided photos of the property and arborist reports .
Patrick Wo ng , homeowner stated his concern of the location of the Stone
Pine tree to the new construction at the property and potential hazard to his
home .
Director Bu rroughs stated the Stone Pine tree is causing hardscape damage
as well potential liability to property or personal damage . The structural
integrity of the tree is compromised .
Mark Enkelaar, Temple City resident (appellant) stated there is a way to f ix
the tree but the City is taking the easy way out by removing the tree .
Co mm issio ne r V a nce moved to uphold t he appeal and deny staff's decision to
remove the Stone Pine tree located at 6333 Encinita Avenue , seconded by
Chairman Georgina .
The motion failed with the following roll call vote :
AYES :
NOES :
ABSENT:
ABSTAIN :
Commissioner-Vance , Georg ina
Commissione r-Rosso , Baroldi
Commissioner-Haddad
Commissioner-None
Staff wi ll add t he item to a future Parks & Recreation Commission agenda .
D. DISCUSS IO N O N HOLIDAY H OME DECORATIN G PROGRAM
Parks and Recreation Director Burroughs presented the staff report .
Commissioners discussed options to revise the Ho liday Award program .
Chairman Georgina moved to direct staff to revise the Holiday Home
Decorating Awards to homes w ithin the city l imits with volunteers and Parks
and Recreation Commissioners as judges splitting the city into sections ,
seconded by Comm iss ioner Vance and unanimously carried by a roll call
vote :
AYES :
NOES :
ABSE NT:
ABSTA IN :
Commissioner-Rosso , Vance , Barold i , Georgina
Commissioner-None
Commissioner-Haddad
Commiss ion e r-None
ATTACHMENT F
PARKS & RECREATION COMMISSION MINUTES
December 21,2016
Page 2
6. UNFINISHED BUSINESS -None
7. NEW BUSINESS
... A. APPEAL OF STAFF DECISION TO REMOVE A STONE PINE TREE
LOCATED AT 6333 ENCINITA AVENUE
Parks and Rec re ation Manager Lawson presented the staff report .
The Commission discussed staff's recommendation to remove the Stone
Pine tree and reviewed an email submitted by the property owner, photos
of the property and the arborist report provided by West Coast Arborist
(WCA).
Director Burroughs added the City attorney has recommended the
Commission give careful consideration to the recommendations from the
experts retained by the City .
Director Burroughs stated the Stone Pin e tree was not planted by the City
and up until recently was not maintained by the City . Staff's
recomme nda tion for removal is the evident hardscape damage to the
sidewalk and street and the condition of the tree which can contribute to
fa il ure .
Mark Enkelaar, res ident said after meeting with Scott Reimers at City Hall ,
he waived the sidewalk requirement for the property . Mr. Enkelaar noted
no hardscape damage can be seen in the slideshow photos and that the
tree is young and hea lthy urging the Commission to keep the tree .
Patrick Wong , property owner , was notified by Lead Tree Worker Cruse
that there is structural problems wit h the tree and expressed concern if the
tree remains regard ing safety to his fami ly .
Cha i rman Georg ina closed public commen ts .
Commissioner Haddad moved to deny the appeal uphold i ng staff's
decision to remove the Stone Pine tree located at 6333 Encinita Avenue ,
seconded by Comm iss ioner Rosso , and carried with a 3 -2 voice call
vote .
AYES :
NOES :
ABSENT:
ABSTAIN :
Comm is sioner-Haddad , Rosso , Baroldi
Commissioner-Vance , Georgina
Comm issioner-None
Commissioner-None