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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 Ordinance No. 13-983 repealed the existing Roadside Trees Ordinance contained in Title 3 , Chapter 4, Article D of the Temple C ity Municipal Code and replaced it with the Tree Preservation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 City Council November 7, 2017 Page 2 of 4 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 City Council November 7, 2017 Page 3 of 4 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. City Council 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