HomeMy Public PortalAbout13) 8B First Reading and Introduction Ord. 17-1027 amending TCMC relative to Tree Preservation and ProtectionAGENDA
ITEM 8.8.
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
DATE: November 7, 2017
TO: The Honorable City Council
FROM: Bryan Cook , City Manager
By: Cathy Burroughs, Director of Parks and Recreation
SUBJECT: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 17-1027
AMENDING TITLE 3, CHAPTER 4, ARTICLE D OF THE TEMPLE CITY
MUNICIPAL CODE RELATIVE TO TREE PRESERVATION AND
PROTECTION
RECOMMENDATION:
The City Council is requested to :
a) Introduce Ordinance No. 17-1027 (Attachment "A ") for first reading by title only,
amending sections 3-40-7 , 3-40-10 :0, and 3-40-11 of the Temple City Municipal
Code (TCMC);
b) Waive further reading of Ordinance No. 17-1027 ; and
c) Schedule the second reading of Ordinance No. 17-1027 for November 21 , 2017.
BACKGROUND:
1. On December 3, 2013 , the City Council adopted Ordinance No . 13-983, as
recommended by the Parks and Recreation Commission (Commission).
Ordinance No. 13-983 repealed the existing Roadside Trees Ordinance contained
in Title 3 , Chapter 4, Article D of the Temple C ity 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
ex pectations for City-owned trees located in public rights of way .
2. On May 17, 2017 , the Parks and Recreation Commission considered var ious
amendments to Title 3, Chapter 4, Article D, Tree Preservation and Protection, of
the TCMC . With only three commissioners present, the Commission tabled the
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November 7, 2017
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item to a future meeting.
3. On July 19, 2017, the Commission again considered amendments to Title 3,
Chapter 4, Article D of the TCMC and recommended approval to the City Council.
A copy of the minutes of the July 19, 2017 Commission meeting are attached
(Attachment "B").
4. On August 15, 2017, the City Council provided direction to staff on City policies
pertaining to public trees, private trees, and sidewalks.
ANALYSIS:
The City of Temple City currently owns and is responsible for maintenance of almost
6,000 trees, valued at over $22.5 million, 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 in 2013 replacing the former Roadside Tree
Ordinance.
The Tree Preservation and Protection section of the TCMC (Title 3, Chapter 4, Article
D) defines the appeal process for removal of public trees. Appeals of the Director's
decision to remove public trees is found in two sections -Section 3-4D-1 0: PERMITS
and Section 3-4D-11: APPEALS.
Since adoption of the Tree Preservation and Protection Ordinance in 2013, seven (7)
appeals have been filed. During these appeal hearings, two specific questions have
been raised regarding the appeal process as written in the TCMC. The first is in
regards to who may appeal a decision of the Director to remove a public tree. The
current wording does not specify that the appellant must be a resident, must live within
a certain number of feet of the subject tree, nor any other criteria. The second question
was whether Section 3-4D-11 applied to staff's decisions to not remove a public tree
when removal was requested by the property owner. Section 3-4D-11 states that 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. Two of the seven appeals were
filed as a result of staff's decision to not remove a tree when removal was requested by
the property owner.
At their regular meetings of May 17, 2017 and July 19, 2017, the Commission
considered amendments to those sections of the TCMC to specify who can appeal
decisions to remove trees located in the public right of way, and to also clarify that the
appeal process applies to both requests to remove, or not remove, a public tree.
Staff's recommendation to the Commission was to amend Section 3-4D-10:D and
Section 3-4D-11 to allow any person who resides or owns property within 1,000 feet of
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November 7, 2017
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the subject tree, to appeal a decision of the Director. Staff maintained that, in most
cases, removal of a City tree was a neighborhood decision ; therefore restricting appeals
to individuals who live or own property within 1,000 feet, limits appeals to those that
would be most affected. The Commission did not agree with staff and recommended the
1 ,000' limit be removed . The majority of Commissioners believed tree removals affect
the entire community, not just the immediate neighborhood.
In regards to the second issue, whether appeals applied to staff's decision to remove , or
not remove , a public tree , the Commission agreed with staff's recommendation to
amend Section 3-4D -11 to clarify that appeals would apply to both .
The Commission recommended Section 3-4D-1 O:D and 3-4D-11 be amended to read
(deletions in strikethrough, additions in red ):
3-40-10: PERMITS :
D . "The applicant or any other interested person who resides or owns property within
the City limits 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 3 -4D-11 of this article ."
3 -40-11: APPEAL S :
Any person who resides or owns property within the City limits may appeal a decision of
the director to remove a public under Section 3-4D-1 0 to remove or not 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 (10) 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.
The City Attorney reviewed and approved the proposed amendments prior to
consideration by the Commission.
Subsequent to the Commission's recommended amendments to the Tree Preservation
and Protection section of the TCMC , the City Council, on August 15 , 2017, provided
policy direction regarding publ ic and private trees and sidewalks. During the discussion,
the City Council agreed that if a private tree was causing damage to sidewalk, curb,
street or other infrastructure, the tree should be removed and that the property owner
would not be required to pay for removal of the tree and/or cost to repair the damaged
infrastructure.
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November 7, 2017
Page 4 of 4
Section 3-4D-7:C of the TCMC currently states that if a private tree causes damage to
any public right of way, the property owner is responsible for the cost of repairs. In
keeping with direction provided by the City Council on August 15, 2017, staff is
recommending Section 3-4D-7:C be deleted.
The City Attorney has reviewed and approved the above recommended amendment.
CITY STRATEGIC GOALS:
Introduction of Ordinance 17-1027 furthers the City Strategic Goals of Public Health and
Safety, Quality of Life, and Sustainable Infrastructure.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2017-18 City Budget.
ATTACHMENTS:
A. Ordinance No. 17-1027
B. Parks and Recreation Commission Minutes-Meeting of July 19, 2017
ATTACHMENT A
ORDINANCE NO. 17-1027
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY AMENDING SECTIONS 3-4D-7, 3-4D-10:D AND 3-4D-11 OF THE
TEMPLE CITY MUNICIPAL CODE RELATIVE TREE PRESERVATION
AND PROTECTION
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Sections 3-4D-7, 3-4D-10:D and 3-4D-11 of the Temple City Municipal
Code are hereby amended to read as follows -additions are underlined, and deletions are sffiiGk
etll:
3-4D-7: DUTY TO MAINTAIN TREES:
~ If a private tree causes dama~e to any puiJiic ri~ht of way, the property owner is
responsible for the cost of any repairs performed by the city.
DC. 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
(14') above ground level, except that a clearance of at least eight feet (8') shall be
permitted over a sidewalk area.
e D. 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 4-2C-17 of this code.
F E. 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 3-4D-10 of this
article. (Ord. 13-983)
3-4D-10: PERMITS:
D. The applicant or any other interested person who resides or owns property within the
city limits 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 3-4D-11 of this article.
3-4D-11: APPEALS:
Any person who resides or owns property within the city limits may appeal a decision of the
director to remove a puiJiic under Section 3-4D-1 0 to remove or not 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
(10) calendar days of the commission's decision. The same procedures for an appeal to the
Ordinance No. 17-1027
Page 2
commission shall be followed for an appeal to the council. Fees for an appeal shall be
determined by resolution of the city council.
SECTION 2. The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published according to law.
PASSED, APPROVED AND ADOPTED on this 21'' day of November, 2017.
Cynthia Sternquist, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk Eric E. Vail, City Attorney
I, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No.
17-1027 was introduced at the regular meeting of the City Council of the City of Temple City held
on the 71h day of November 2017 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 21'' day of November 2017 by the following vote:
AYES:
NOES:
ABSENT:
Councilmember-
Councilmember-
Councilmember-
Peggy Kuo, City Clerk
1. CALL TO ORDER
PARKS & RECREATION COMMISSION
TEMPLE CITY, CALIFORNIA
REGULAR MEETING MINUTES
JULY 19, 2017
ATTACHMENT B
Chairman Georgi no called the Parks and Recreation Commission Regular Meeting
to order at 7:30 p.m. in the Council Chambers located at 5938 Kauffman Avenue,
Temple City.
2. ROLL CALL
PRESENT: Commissioner-Baroldi, Haddad, Rosso, Vance, Georgi no
ALSO PRESENT: Parks and Recreation Director Burroughs
Parks and Recreation Manager Lawson
3. PLEDGE OF ALLEGIANCE
Chairman Georgina led those present in the Pledge of Allegiance to the Flag.
4. REORGANIZATION OF COMMISSION
Director Burroughs called for nominations for Chairman for the ensuing year, 2017-
2018.
Commissioner Rosso nominated Vice-Chairman Baroldi as Chairman, seconded
by Chairman Georgi no. There were no further nominations. Vice-Chairman Baroldi
was elected as Chairman by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner-Baroldi, Georgina, Haddad, Rosso, Vance
Commissioner-None
Commissioner-None
Commissioner-None
Chairman Baroldi called for nominations for Vice-Chairman. Commissioner
Georgina nominated Commissioner Haddad as Vice-Chairman, seconded by
Commissioner Vance. There were no further nominations. Commissioner Haddad
was elected Vice-Chairman by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner-Baroldi, Georgina, Haddad, Rosso, Vance
Commissioner-None
Commissioner-None
Commissioner-None
PARKS & RECREATION COMMISSION MINUTES
July 19, 2017
5. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
Chairman Baroldi opened public comments.
Page 2
Frank Ruedel, Temple City resident asked the Commission to consider
recommending an ordinance to the City Council to include the protection of oak
trees in the city.
Commissioner Rosso moved to direct staff to place an item on a future agenda for
discussion, seconded by Commissioner Vance and unanimously carried by the
following voice call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner-Georgina, Haddad, Rosso, Vance, Baroldi
Commissioner-None
Commissioner-None
Commissioner-None
6. CONSENT CALENDAR
Commissioner Rosso moved to approve the Consent Calendar, seconded by
Commissioner Haddad and unanimously carried by the following roll call vote:
AYES:
NOES:
Commissioner-Georgina, Haddad, Rosso, Vance, Baroldi
Commissioner-None
ABSENT: Commissioner-None
ABSTAIN: Commissioner-None A. APPROVAL OF MINUTES-MEETING OF MAY 17, 2017
Recommended Action: Approved
B. MONTHLY ATTENDANCE/ACTIVITY REPORTS-MAY AND JUNE 2017
Recommended Action: Received and filed
7. UNFINISHED BUSINESS
-+A. PROPOSED AMENDEMENTS TO CHAPTER 4, ARTICLE D, TREE
PRESERVTION AND PROTECTION OF THE TEMPLE CITY MUNICIPAL
CODE
Parks and Recreation Director Burroughs presented the staff report.
PARKS & RECREATION COMMISSION MINUTES
July 19, 2017
Page 3
The Commission discussed the proposed amendments to the tree
preservation and protection.
Chairman Baroldi opened public comments.
Chairman Baroldi closed public comments.
Commissioner Georgine moved to approve the proposed amendments to
Sections 3-4D-1 0 and 3-4D-11 of the Temple City Municipal Code to the
City Council with the following change: remove "within 1,000 feet" from 3-
4D-10 and 3-4D-11, seconded by Commissioner Vance and unanimously
carried by a voice roll call:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner-Georgino, Haddad, Rosso, Vance, Barolid
Commissioner-None
Commissioner-None
Commissioner-None
8. NEW BUSINESS -None
9. COMMUNICATIONS -None
10. ADDITIONAL ORAL COMMUNICATIONS FROM THE AUDIENCE
Chairman Baroldi opened public comments.
Chairman Baroldi closed public comments.
11. MATTERS FROM CITY OFFICIALS
A. PARKS AND RECREATION DIRECTOR'S REPORT
Parks and Recreation Director Burroughs provided a brief overview of
recent City Council actions, the Senior Master Plan and special events.
B. UPDATE ON SENIOR MASTER PLAN
Commissioners Georgine and Rosso provided an update on the Senor
Master Plan Advisory Committee meetings. The next meeting is scheduled
for August 3.
12. COMMISSION ITEMS SEPARATE FROM THE REGULAR AGENDA
A. COMMISSIONER HADDAD
PARKS & RECREATION COMMISSION MINUTES
July 19, 2017
Page4
B. COMMISSIONER ROSSO commended staff on a job well done for the
summer events.
C. COMMISSIONER VANCE attended the Color Fun Run and Camp-A-
Palooza stating they were both fun events. She also attended the Senior
Master Plan meeting and found it very informative.
D. COMMISSIONER GEORGI NO commented on all the recent special events.
E. CHAIRMAN BAROLDI attended Camp-A-Palooza and received positive
comments from participants. He asked about the possibility of lighting the
Live Oak Park Walking Path for night time use.
13. ADJOURNMENT
The Parks and Recreation Commission Meeting was adjourned at 8:24 p.m. to the
Parks and Recreation Commission Regular Meeting of Wednesday, August 16,
2017 at 7:30p.m. in the Council Chambers at 5938 Kauffman Avenue.
Chairman
ATTEST:
Secretary