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