HomeMy WebLinkAboutAgenda Report - November 17, 1982 (62)E �CITY COUNCIL MEETING
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NOVEMBER 17, 1982
CITY STRFZr TREE Following introduction of the matter by Staff, Council, on
POLICY UPI U D motion of Council Member Snider, Murphy second, voted not too
deviate from the City's Street Tree Policy, thereby denying
the request of Pts. Viola Fahmer, 424 S. School Street,
` Lodi, for the removal of certain trees located in the
parkway fronting her property.
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CITY OF LOC
PUBLIC WORKS DEPARTMENT
COUNCIL COMMUNICATION
TO: City Council
FROM: City Manager
DATE: June 23, 1982
SUBJECT: Tree Policy Relating to Vioia Fahrner's Property at
424 South School Street
RECOMMENDED ACTION: Review existing Tree Policies together with request from
Viola Fahrner dated May 31, 1982, and take appropriate action.
BACKGROUND INFORMATION: The City Council at their meeting of June 7, 1982,
received the attached letter from Viola Fahrner dated May 31, 1982, request
Ing the City of Lodi to remove the two Sycamore trees in the parkway fronting
her property at 424 South School Street and to also remove the roots from her
lawn. Viola Fahrner has talked to the Street Supervisor, the Assistant City
Engineer, and me about this matter and we have all indicated to her that based
on the existing Tree Policy, that we cannot remove the trees from the parkway
fronting her property.
For Council information, attached as Exhibit A is the existing Tree Policy
adopted in 1976, and attached as Exhibit B is the previous free Removal Policy
adopted by the City Council In 1969. Alsoattached for Council information,
are Exhibits C and D which are the City Council minutes adopting these
policies.
The renk3val of the trees fronting Viola Fahrner's parcel, does not fall under
the guidelines of either the present or past Tree Removal Policy. The present
policy (Exhibit A) does provide for special approval by the City Council for
City trees. Viola Fahrner is requesting that the City Council take the
necessary action in order to have the trees and their roots removed by the City
at City cost.
The subject trees are healthy Sycamore trees located in a reasonably sized
parkway and based on my observations have caused little if any damage to
the sidewalk or property owner's lawn. i feel that it is important that the
Council personally look at these trees in the field prior to making their
decision. /1
L. Ronsko
c ',forks Director
ola Fahrner
FILE NO.
HENRY A. GLAVES. City Manager
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f LODI
i DEPARTMENT
TREE POLICY
1. GEHMAL
- - Tsea whtck ore SO% a wore within Na pubik right of war
shall w considered City frees. This weosewernoN s1roU be
token at the boss of the hsrt4 at the ground swface.
The City of Lodi Is rssponebh for coring her all City trees
awl" the puWie rigkt of swr including ►rienerirsg, spraying,
I - - A woustena eo end performing root surgery, where
psoperty owner is replacto sldewolk and assisting sidewalk
Is mmovad by property owner.
Iropeoly owners as -v—&6 for any required WOW -9 .
of newly planted frees in parkways.
Tho Chy to not responsible few woin►wsenoa of non -City
frees. -
hopwiyowners and City per"Inei ors riot allowed to
reaava or alter any City trees unless one of aha criteria flood
below Is mot or special Owe is recetwed how the City
Council.
H. TREE REMOVAL
A. Ci_ ty_RoVensibilby — TM City will remove o City tee
at his expense when.
1. Tree Is deed;
2. Tres Is dneawd beyond cure;
3. Tree Is hazardous to the public or neceswry rod
surgery would render it hozordous;
4. Tree con/lich with sidewalk to be Installed by
property owners an parcels where cwb and gutter
Is in place;
S. Tree rowA vat is necessary for a City frnprovewent
project; of
i. Tres, couses repeated extemive dweoge to utilities
so curb, gutter and sidewalk.
a. ftroperfy Owns Ro"nsibility — With the tswronce of
so encmos perw f by the hblic Works Deportment,
e tree within the pArst right of way may be removed
arrler the following can$#tiom of the property aveserrs
o+np.nw.
1. Trees boxing Wt end causing o nuisance to the
property owner way be rewewd. Trees in parkways
VAI M replaced of Ctrf% aspense as port of ib tree
planter prop- -
2. Trees may ba removed to widen existing driveway or
socomMud a new driwwey. Trees In porkwors will
be replaced of City's OAF snse m pert d its tree plent—
Iro P-09-
3. Tree may be rer,oved when leu then SOK or the tree
Is within n•'iilc right of way.
4. Trees mor be removed as part of os opprovr►d develop—
~t when curbs and gutten do not exist.
I ti"
PockA. Ronsko,
r W.orks Director
Resolution No. 4304 adopted by the City Council at
their ercetirrg of December 15. 1976.
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A
EXHIBIT B
TREE R840VAL BY THE CITY Of LODI FOR TREES IN PUBLIC STREETS
1. when trees are dead
2. When trees are diseased beyond cure
3. When trees axe hazardous to the public or necessary
root surgery would render them hazardous
f
4. when sidewalk is to be installed by property owners
on parcels where curb and gutter is in place.
e .
S. when curb, gutter and sidewalk are to be installed by
property owners on parcels of less than 17,000 sq. ft.
within. the City of Lodi as of April 1, 1969
6. when tree removal is necessary for a City street
• widening project
Tree Removal Policy adopted by the City Council, City of Lodi, April 16, 1v.Z
tp •• CITY OF LODI
• PUBLIC WORKS DEPARTMENT
TREE RE140VAL POLICY
112
EXHIBIT L
Minutes of pecFmber 15, 1976, continues(
LEAF COMPOSTING (b) that tba City Manager be authorized to
PROPOSAL monitor the project and disburse additional
APPROVED(Contd.) funds as necessary to satisfy the budget.
(a) thet the Lodi Cgcnmunity Development and
Services Agency, In;:. obtain comprehensive
Public Liability and Property Damage insurance
apct carry Workmen's Compensation insurance on
their employees -:
Bids- which had been received for a Turf Mower for
AWARD -TURF
thQ Parks Department were presented by the City
MOWER FOR THE Manager as follows:
PARKS DEPT..
Bidder Amount f
RES. NO. 4303 '
• .:. H, V. Carter v Jacobsen 72.inch $517". 80
I *Optional water cooled engine +500.00
i
Jrady Holmes Col - Toro
Grqundmaster 72 -inch $5559.06
!Western I,awn Equipment Co.
Hustler $6036.70
Mr. Glaves reported that pf these bids, the H. V.
Cart+fr Co. bid with the Jacobsen uni is the low
btd. T149 m chin? comps equipped with an air
i cpgled Kohler Qngicys or 4n optional water cooled
Industrial engine at $500.00 extra. Mr. Glaves
stated that it has l" the City's experience that -
this hp# of engine is very expenaive to rnaiutain. e
Discussion followed with questionp regarding the L
matter being directed to Staff by the Council.
Councilman Kataakian moved that Council adopt
i Resolution No. 4303 awarding the bid for a Turf
Mower for the Parks Depart{nent to the Brady
Hopes Company for the Toro Groundcnaster - 72 -
inch at a cost of $5559.06. The motion was
seconded by Councilman Ehrhardt and carried.
The City Manager. apprised the City Coungil that
STREET TREE since April 16, 1969, when the City's existing
POLICY ADOPTED tree removat policy was adopted by the City
Council, the City has had many questions come up
RES. NO. 4304 concerning trees within the public right-oi-way
1, which were not answered by the existing poliyy.'
C� Bacause of thip, Staff has drafted the following
Street Tree Polipy for Council's a$proval:
I. GENERA
k Trees which are 50% or"chore within the public
right of way shall `.-e considered City trees.
This mgacc}relnent shall bq taken at the bate of
the *trunk at the ground surface. _
The City of Lodi is responsible for caring for all
City trees within toe public right of way including
trimmipg, spraying and general fnaintenance.
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STREET TREE
POLICY ADOPTED
RES. NO. 4304
( Continued)
1
C -
Minutes of December 15, t6, continued
Property owners are responsible for any
required watering of newly planted trees in park-
ways.
The City isnot respor}sible for maintenance
of non -City trees.
Property ownerp and City personnel are not
allowed toOremove or alter any City trees unless
one of the criteria listed below is met or special
approval is received from the City Council.
Ii, TREE REMOVAL
. A. City Responsibility - The City will remove
a City tree at its expense when;
11 Tree is dead;
2, Tree is diseasid bprond cure;
3, Tree is hazardous to the public or neces$ary
root surgery would render it hazardous;
4. Tree eogflicts with sidewalk to be installer} by
property owners oa parcels where curb and
Butte= is in plape;
S. Tree removal is necessary for a City improve -
went project. or
6. Tree causes repeated extensive damage to
undergroiuld utilities or curb, gutter and sider
walk.
B. Prope!t( Owner Responsibility - With the
issuaslce of an encroachment permit by the Public
Wozkr Department, a tree within the public right
of way may be removed under the followipg condi-
tions at the property owner's expense:
1. Trees bearing fruit and pausing a nuisance to
the property owner may be removed. Trees
In parkways will be replaced at City's expense
as part of its tree planting program.
2.' Trees may be- removed to widen existing drive-
way or to construct a new driveway. gees in
parkways will 4e replaced at City's expense as
part of its tree planting program.
3. Tree may be removed when less than $01/6 of
the tree is within public right of way.
4. "Tees may be removed as part of an approved
d..-relopment where curbs and gutters do not
exist.
Discussion followed with questions regarding the
proposed amended City Street Tree Policy being
posed to Staff.
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113
STREET TREE
POLICY 4POPTEp
RESt NO, 4304
`continued)
IPIfECBT, RIC RATES
Minutes of pecember 15, 1976, continued;2-
f)n motion of Couneilm-r- Pinkerton, Katnich
second, the City CqunGil adopted Resolution jags
4304 approy( ng the amended Street Tree Policy'
as heretofore outlined,
Mayor Hughep road aloKd a Council Communication
from W. C. I.fewis, Utility Director, whigh reads
in part as follows:
"Payment of October and N9vember P. G. OF bills
to the amount of $440.434136 and $4L j, 690, bz
respectively has'been withheld on the advice of
Wasbington attorney George Spiegel pending Form
pletipq of impeadIA9 negotiations with the P. G, &EI
attorney. It now appearp that an agreement wA
P. G, &E. will not be reached in sufficient tim4 t4
pay the October And November billp In a tithe}y
manner,
'-'* order tq promote continued negotiatigns p=d to
.dispel public fears of the termination of electrip
service 4r P,Gt&1;., it is recommendo4 that the
ppwgr bills c4pultited with the retail fuel adjust•
mant cost be paid to P. G. &E. and the disputed fupi
aimount be deposited in a bank accqunt earmarked
for further payment to a mutually agreed escrow
company when date rmined. "
Calculations based on the recommendation of
;ttpraey .George Siegel, were presented for
Council's poTosal.
t
Mayor Hughes apprised the Council that the City ip
in receipt of late advice and gounsel from the City's
Waqhington attorney and suggested that the Council
rpeegs to exeSutivq sessign. The City Cqupgil
recessed at 9:55 p.mt tp Executive Sessiqn, Uppn
yequpst, th4 City Clerk was excused from attending
the Executive Session by Mayor Hughes,
The Council reconvened from Executive Sesst4rt at
10:39 p. m.
]Mayor Hughes opened the discussion by givtng a
brief update on events which had led tq this diaputq� .
expl}ining that tie dispr)te csntpra around the fµel
cost adjustment. The Mayor gsrplained that the
"direct pass thrpµgh fuol copt adjustment charg7 is
excessive and that the citizens of Lgdi are paying
apRroximatoly twice as much for that segment of
their bills as their counterpartp right outside the
City lirpits are payipg. The City of Lodi has 4h9sgn
to challenge F.- G. &E. pu this with respect to the
fairness and equity pf that rate. If the City is
successf}rl in its dispµtg, that money suggested to pe .
withheld, wilt be retump4 directly to the Gitizenp of
Lodi and v4U represent 4 credit on their hills, ho
City of Lodi doesn't hanefit a bit qp its actjgn$ i this
matter other than to protect the pitizons, because
they are paying mora than P, C{, $cE„ q other cus.torPprst
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C
a�;
350.
EXHIBIT D
Minutes of April 16, 1969 continued
1. Original license, Bert., Lawrence & lee Castelanelli
and James A. McCarty, The Milk Stop, 1213 West
Lockeford Street, ofi-:ale beer and wine.
2. Original license, Bert, Lawrence & Lee Castelanelli E
�
and James A. McCarty, The Milk Stop, 321 South
Hutchins Street, off -sale beer and wine.
3. Temporary retail permit, Lodi Baseball Club,
Lawrence Park, 350 N. Washington Street, on -sale beer
seasonal.
LAND CDNSERV. Assistant City Manager Peterson preserved a notice from
AGREEMENT the San Joaquin County Board of Supervisory stating the
OPPOSED Board's intention to consider a Land Conservation Agreement
for land which is within one mile of the City limits of the.
RES. NO. 3154 City of Lodi. On motion of Councilman Shaffer, Hunnell
second, the Council unanimously adopted Resolution No. 3254
protesting the establishment of a Land Conservation Agree—
ment involving certain lands situated within one mile of the
City limits of the City of Lodi.
Councilman Culbertson then moved that it be the policy of
the Council to oppose any contractual arrangement for an
agricultural preserve within one mile of the City limits.
The motion was seconded by Councilman Schaffer and
carried by unanimous vote.
AAUW RE Mayor Kirsten stated he had received a letter from the
LIBRARY American Association of University Women endorsing the
proposal of the Library Board for a library construction
fund..
REPORTS OF THE CITY MANAGER
CLAIMS Claims in the amount of $188,504. 80 were approved on
motion of Corticilman Brown, Hunnell second.
SIDEWALK Assistant City Manager presented the sidewalk survey
SURVEY report as prepared by the Public Works Department for
REPORT discussion. Councilman Culbertson- moved the matter be
continued to the meeting of May 7, so that the Council
might have further time to study the report. The motion
was seconded by Mayor Kirsten. Under the question,
Councilman Hunnell suggested the matter be discussed
at a special meeting on May 14. Councilman Culbertson
then withdrew his motion and Mayor Kirsten his second.
Councilman Culbertson moved the discussion of the
sidewalk survey report be continued to a special meeting
on May 14, .1 96 9. The motion was seconded by Mayor
Kirsten and carried by unanimous vote.
REMOVAL Mr. Peterson presented the Council with the recommended
OF TREES - policy concerning removal of trees in public rights of way.
POLICY After discussion of the recommended policy, Councilman
Culbertson moved Council approval after changing the words
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CI
e
Minutes of April 16, 1969 continued
351
'Heveloped residential' to 'a" in paragraph 5, and
changing the words 'Hesire to" to 'Its to be installed" in
paragraph 4 and 'are to be installed" in paragraph 5.
The motion was seconded by Councilman Brom. After
further discussion, Councilman Culbertson amended the
motion to adopt the tree removal policy to read as follows:
r
'Tree Removal By The City of Lodi For Trees In Public
Streets:
1. When trees are dead,
t. When trees are diseased beyond cure.
3. When trees are hazardous to the public or necessary
root surgery would render them hazardous.
4. When sidewalk is to be installed by property owners on
parcels where curb and gutter is in place.
5. When curb, gutter and sidewalk are to be installed by
property owners on parcels of less than 17, 000 sq. ft.
within the City of Lodi as of April 1, 1969
6. When tree removal is necessary for a City street
widening project."
The motion was seconded by Councilman Brown and carried
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by unanimous vote.
PARKING STUDY
Assistant City Manager Peterson submitted a report con -
700 BLOCK OF
cerning parking on the 700 block of South Central Avenue as
S. CENTRAL
requested by the Council at its meeting of April Z. Council-
man Hunnell moved the matter be continued to the meeting
of May 7, 1969. The motion was seconded by Councilman
Schaffer and carried.
PURCHASE OF.
The Assistant City Manager submitted a request from the
ADDITIONAL
Public Works Director recommending that the City Council
PROPERTY
authorize the City Manager to acquire additional property
AT WELL 8
at the site of Well #8 at South Stockton Street and Kettleman
AUTHORIZED
Lane. Mr. Peterson explained that there are two reasons
for acquiring the added land at this time. First, the future:
rights of way of both streets take a considerable portion of f
the existing site, thus moreland is needed to provide an
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adequate maintenance and servicing area. Secondly, the tt
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sewer line of the small house immediately south of the well l
site Is too close to the well itself to meet State standards,
He recommended purchase of the additional land to resblve
a two -fold problem. On motion of Councilman Brown,
Hunnell second, the City Council authorized the City Manager
to acquire additional property at Well No. 8 as recommended E
and to acquire an additional parcel on the east side of the
present City property 10 ft. x 100 ft, if possible. The i
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motion carried with Councilman Culbertson voting no.
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