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HomeMy Public PortalAbout14) 9A Second Reading and Adoption of Ordinance 17-1027 Tree Preservation and ProtectionAGENDA ITEM 9 .A. PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: November 21 , 2017 TO: The Honorable City Council FROM: Bryan Cook, City Manager 1'. fl By : Cathy Burroughs , D irector of Parks and Recreatio rCJ..rv SUBJECT: SECOND READING AND ADOPTION 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 waive further reading and adopt Ordinance No . 17- 1027 (Attachment "A") amending sections 3-4D-7 , 3-4D-1 O:D, and 3-4D-11 of the Temple City Municipal Code (TCMC) relative to tree preservation and protection. BACKGROUND: On November 7 , 2017, the City Council introduced Ordinance No . 17-1027 for first reading , by title only, amending three sections of Chapter 4 , Article D. TREE PRESERVATION AND PROTECTION of the TCMC . The proposed amendments are identified below : 1. 3-4D-7 : DUTY TO MAINTAIN TREES : G:-If a private tree causes damage to any public right of way , the property owner is responsible for the cost of any repairs performed by the city . 2 . 3-4D-10 : PERMITS : D. The appl icant or any other interested person who resides or owns property within the City limits may appeal the decis ion of the Director to the Commission with in fifteen (15) days of the notification of the decision . The appea l shall be heard in the same manner as provided in section 3-4D-11 of this article . City Council November 21, 2017 Page 2 of 3 3 . 3-4D-11: APPEALS : Any person who resides or owns property within the City limits may appeal a dec ision of the director to remove a public under Section 3-4D-10 to remove or not remove a public tree to the Commission within fifteen (15) days of notification of the decision . Upon rece ipt 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 (1 0) 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 (1 0) ca lendar 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. ANALYSIS: As provided in the staff report for the November 7, 2017 City Council Meeting (Attachment "B"), the City of Temple City currently owns and is responsible for ma in tenance of over 5,800 trees , valued at over $21 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 (Ordinance No . 13-983) in Decembe r 2013 which reflects curre nt best practices relative to public trees and established policies, procedures , and expectations for City-owned trees located in public right-of-way. During City Council discussion on November 7 , 2017 , two Councilmembers agreed with the amendments as recommended by the Parks and Recreation Commission and included in the proposed ordinance; one Councilmember recommended that sections 3- 4D-10 : PERMITS and 3-4D-11 : APPEALS be adopted per staffs original recommendation to the Parks and Recreation Commission restricting appeals to individual who live or own property within 1 ,000 ' of the subject tree. After discussion , the City Council introduced Ordinance No . 17-1027, waived further reading and scheduled the second reading for November 21 , 2017 as proposed on a 2-1 vote. The City Attorney advised the Council that adoption of the ordinance on November 21, 2017 would require three (3) affirmative votes. CITY STRATEGIC GOALS: Introduction of Ordinance 17-1027 furthers the City Strategic Goals of Public Health and Safety, Quality of Life, and Sustainable Infrastru cture. City Council November 21 , 2017 Page 3 of 3 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. November 7, 2017 City Council Staff Report 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 TH E CITY COU NCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOL LOWS : SECTION 1 . Sections 3-4 D-7, 3-4D-10:D and 3-4D-1 1 of the Temp le Ci ty Mun icipal Code are hereby amended to read as follows -additions are unde rlined , and deletions are &tA::fGk oot 3-4D-7 : DUTY TO MAINTAIN TREES: c.,. If a private tree causes damage to any public righ t of way , the property owner is feSponsible for the cost of any repairs performed by the city. C C. Notwithsta nd ing other provisions of this article , it is the respons ib il ity of every property owne r , at their sole cost, to keep all private trees which extend over any public street trimmed so that the branches overhanging the pub lic street are at least fourteen feet (14 ') above ground level , except that a clearance of at least eight feet (8') shall be permitted ove r a sidewalk area . E D. The director or his/her designee may remove limbs fr om any tree or shru b rega rdless of its location , if in his/her opinion immediate removal is necessary bec ause the li mb presents an imminent danger to persons or property . If t he removal woul d re qu ire 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. r: E. Any person request ing service on any public tree such as trimming, pruning , root pruning or sp raying , but desiring to ha ve it undertaken sooner than the c it y is able to schedule work , ma y apply for a permit from the c it y pursuant to sectio n 3-4D-10 of th is art icle. (Ord . 13-983) 3-4D-10 : PERMITS: D. The applicant or any other inte rested person who res ides or owns property with in the city limits may appea l the decision of th e director to the commiss ion with in f ifteen (15 ) da ys of the notification of the decision . Th e appea l shall be heard in t he same manner as provided in section 3-4D-11 of th is article. 3-4D-11 : APPEALS : Any person who resides or owns property w ith in the city lim its may appeal a decision of the director to remove a public under Sectio n 3-4D-1 0 to remove or not remove a publ ic tree to the commi ssion with in fifteen (15) days of notification of the decision . Upon receipt of an appeal request, the director sha ll schedule the appea l hearing for the next ava ilab le comm ission meeti ng . The appeal shall be a public hea ring , and ma il ed notice of the public hearing shall be given to the adjacent property ow ner and an y other person who has requested notice at least ten ( 1 0) days prior to the hearing . If the commission denies an appl icant's appea l, the appli cant may reque st a final appeal to the city council within ten (1 0) calendar days of the commi ssion's decision . The same procedures for an appeal to the Ordinance No . 17-1 027 Page 2 commission shall be followed for an appeal to the cou ncil. Fees for an appea l sha ll be determined by reso lution of the city council. SECTION 2. The City Clerk shall certify to the passage and adoption of th is Ordinance and shall cause the same to be published accord ing to law. PASSED , APP ROVED AND ADOPTED on this 21 51 day of November, 2017. Cynthia Sternqu ist , Mayor ATIEST: APPROV ED AS T O FORM : Pegg y Kuo , City Clerk Eric E. Va il, C ity Attorney I, City Clerk of the City of Temp le City , hereby certify that the foregoing Ordinan ce 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 Counci l, approved and signed by the Mayor and attested to by the City Clerk at the regular meeting held on the 21 51 day of November 2017 by the fo ll owing vote : AYES : NOES : A BSENT: Counci lm ember- Counci lm ember- Counci lm ember- Peggy Kuo , City Clerk ATTACHMENT 8 AGENDA ITEM 8.8. PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: November 7, 2017 TO: The Honorable City Council FROM: Bryan Cook, City Manager By : Cat hy Burroughs , Director of Parks and Recreatio n 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 Ordina nce No. 17-1027 (Attachment "A") for first reading by title only , amending sections 3-4D-7 , 3-4D-10:D , and 3-4D-11 of the Temple City Municipal Code (TCMC); b) Waive further reading of Ordinance No . 17-1027; and c) Schedule the second read ing 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 Recreat ion Comm ission (Commission). Ord inance No . 13-983 repealed the existing Roadside Trees Ordinance contained in Title 3, Chapter 4, Art icle D of the Temp le City Municipa l Code and replaced it with the Tree Preservation and Protection Ordinance which reflected current best pra ctices relative to public trees and established policies , procedures, and expectations for City-owned trees located in public rights of way. 2 . On May 17 , 2017, the Parks and Recreation Commission considered various amendments to Title 3, Chapter 4 , Artic le D, Tree Preservation and Protection , of the TCMC. With only three commissioners present, the Commiss ion 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 m inutes of the July 19 , 2017 Commission meeting are attached (Attachment "B"). 4. On August 15, 2017 , the City Council prov ided direction to staff on City policies pertaining to public trees , private trees , and s idewalks. 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-10: 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 appea l 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 staffs decisions to not remove a public tree when removal was requested by the property owner. Section 3-40-11 states that any person may appeal a decision of the Director to remove a public tree to the Comm ission 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 requ e sted by the property ow ner. At their regular meeti ngs 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 a lso clarify that the appeal process app lies to both requests to remove , or not remove, a pub lic tree . Staff's recommendation to the Commission was to amend Section 3-40-10 :0 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 li ve 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 ,0 00' 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 0:0 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 sha ll be heard in the same manner as provided in section 3-40-11 of this article." 3-40-11: APPEALS: 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 lea st 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) ca lendar 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 pub lic 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 3-40-?: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 3-40-7:C be deleted. The City Attorney has reviewed and approved the above reco mmended 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 T HE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS : SECTION 1. Sections 3-40-7, 3-4D-10:D and 3-40-11 of the Temple City Municipal Code are hereby amended to read as fo llows -add itions are underlined, and deletions are struGk oot: 3-40-7: DUTY TO MAINTAIN TREES: ~ If a private tree causes damage to any public right of way, the property owner is responsib le for the-GOst 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 pr ivate trees which extend over any public street tr immed so that the branches overhanging the public street are at least fourteen feet (14') above ground leve l, except that a clearance of at least eight feet (8') shall be perm itted over a sidewa lk 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 pro perty, 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. ~ E. Any person requesting service on an y public tree such as trimming, pruning , root pruning or spraying, but desiring to have it underta ken sooner than the city is able to schedu le work, may apply fo r a permit from the city pursuant to section 3-4D-1 0 of th is article. (O rd . 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. 3-40-11 : APPEALS: Any person who resides or owns property within the c ity limits may appeal a decision of the director to remove a public under Section 3-4 0 -10 to remove or not remove a public tree to the comm ission with in fifteen (15) days of not if ication of the decision . Upon receipt of an appeal re quest, the director shall schedule the appeal hearing for the next available comm ission meeting . The appea l shall be a public hearing, and mailed notice of the. pub lic hearing shall be given to the adjacent property owner and any other person who has requested notice at least ten ( 1 0) days prior to the hearing . If the commission den ies an app licant's appeal, the applicant may request a final appeal to the city council with in ten (10) ca lendar days of the comm ission's decisi on. The same procedures for an appea l to the Ordinance No . 17-1 027 Page2 comm ission 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 '1 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 51 day of November 201 7 by the following vote : AYES : NOES : ABSENT: Councilmem ber- Councilmember- Counci lmember- Peggy Kuo, C ity Clerk 1. CALL TO ORDER PARKS & RECREATION COMMISSION TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES JULY 19, 2017 ATTACHMENT 8 Chairman Georgine called the Parks and Recreation Commission Regular Meeting to order at 7 :30p.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 Georg ine led those present i n 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 , Georgine , Haddad, Rosso, Vance Commissioner -Non e Commissioner-None Commissioner -None Chairman Baro ldi called for nominations for Vice-Chairman . Commissioner Georgine 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 , Georgine, 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 Counci l to include the p rotection of oak t rees i n the city. Commissioner Rosso moved to direct staff to place an item on a future agenda for discussion , seconded by Commissioner Vance and unanimously ca rried by the following voice call vote : AYES : NOES : ABSENT: ABSTAIN : Commissioner-Georgino, 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 ca ll vote: AYES : NOES : Commissioner-Georgino , Haddad , Rosso , Vance , Baroldi Commissioner -None ABSENT: Commissioner-None ABSTA IN : 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 , T REE 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 . Chai rman Baroldi opened public commen ts. 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 follow ing change : remove "with in 1 ,000 feet" from 3- 4D-10 and 3-4D-11 , seconded by Commissioner Vance and unan imously carried by a voice ro l l call : AYES : NOES : ABSENT: ABSTAIN : Commissioner-Georgine , 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 publ ic comments . Chairman Baroldi closed pub li c 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 Senio r 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. COMMISSION E R HADDAD PARKS & RECREATION COMMISSION MINUTES July 19 , 2017 Page 4 B. COMMISS IONER 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 Sen ior 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 posit ive comments from participants. He asked about the possibility of l!ghting 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