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HomeMy WebLinkAboutAgenda Report - November 17, 1982 (62)E �CITY COUNCIL MEETING ttV11 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. i f4w ... ,, .rte• � - . , ., � .�•��..,,r �. �i N 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 '' '�e.6�Ae�h'ciC���' �•"'���?F�S!'y�'�5°',�,�^t%iiT'�A:x.7. F4�iei!.!'il„�a.•rkziis: ti.n ; ,. ,.... ._._......-...>...-,«......�......., ..,...._..,......-•,•.....,,-......•....... •..,.._......�.w_ �..__..—....... ..»..xu,�gw,+.eka� 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. ��'•�W..-....lr;. -y. .+ll'r�� 3.. ,'. r:.i; :. : : .......:�...... .. .. .. . _. 1..... .. .. ... .... .. _.... ....n._.. .. _... .........v.._.-+�i.ra�n'ret.'eA'rJ'aolsi%Yra41uX4,1?�4TMC'r� 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. -7- 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. -8- 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 ,9- 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 - 6 - 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 -- 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 1 adequate maintenance and servicing area. Secondly, the tt ` 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 _ motion carried with Councilman Culbertson voting no. t P E -7-