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HomeMy WebLinkAboutAgenda Report - October 19, 2016 C-16CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM cI& Adopt Resolution Rescinding Resolution No. 4304 and Approving Updated Public Works Tree Policy October 19, 2016 Public Works Director RECOMMENDED ACTION: BACKGROUND INFORMATION: Adopt resolution rescinding Resolution No. 4304 and approving updated Public Works Tree Policy. Operations within the Public Works Department have evolved over the past decades. As a result, several of the existing policies need to be updated, and new policies created, to reflect current conditions within the department. Public Works Policies and Procedures Manual covers a wide range of services including administration, engineering, storm, streets, sewer, water, transit, and solid waste. The action requested of the City Council is specific to the Streets Division Tree Policy as described below. Streets Policy No. 4 — Tree Policy (Exhibit A) This is an existing policy that identifies City and property owner responsibilities related to the maintenance and removal of existing City street trees. The principal change to the policy is the addition of advisory notifications for proposed tree removals associated with a public works project that are located either in the public right-of-way or within property controlled by the City such as City parks. Tree removals associated with normal public works tree maintenance operations are exempt from the notification requirement. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. usc„Lo Charles E. Swimley, Jr Public Works Director Prepared by Charles E. Swimley, Jr./Public Works Director CES/CES/tdb Attachment APPROVED: Stephen Schwabauer, City anager K:\WP\POLICY\Council Communications\Tree Policy.doc &51 1 0/5/1 6 • CITY OF LODI PUBLIC WORKS DEPARTMENT [. POLICIES AND PROCEDURES STREETS - 4 TREE POLICY Rev. 10/5/16 1 I. GENERAL Trees which are 50 percent or more within the public right-of-way shall be considered City trees. This measurement shall be taken at the trunk at the ground surface. The City of Lodi is responsible for caring for all City trees within the public right-of-way including trimming, spraying, general maintenance, and performing root surgery where property owner is replacing sidewalk and existing sidewalk is removed by property owner. Property owners are responsible for any required watering of newly planted trees in parkways. The City is not responsible for maintenance of non -City trees. Property owners and City personnel are not allowed to remove 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: 1. Tree is dead; 2. Tree is diseased beyond cure; 3. Tree is hazardous to the public or necessary root surgery would render it hazardous; 4. Tree conflicts with sidewalk to be installed by property owners on parcels where curb and gutter is in place; 5. Tree removal is necessary for a City improvement project; or 6. Tree causes repeated extensive damage to utilities or curb, gutter, and sidewalk. B. Property Owner Responsibility — With the issuance of encroachment permit by the Public Works Department, a tree within the public right-of-way may be removed under the following conditions at the property owner's expense: 1. Tree bearing fruit causing 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 driveway or to construct a new 10/12/16 CITY OF LODI PUBLIC WORKS DEPARTMENT • [. POLICIES AND PROCEDURES STREETS - 4 TREE POLICY Rev. 10/5/16 1 driveway. Trees in parkways will be replaced at City's expense as part of its tree planting program. 3. Tree may be removed when less than 50% of the tree is within public right-of- way. 4. Trees may be removed as part of an approved development where curbs and gutters do not exist. C. Tree Removal Notifications — Prior to trees being removed as part of a Public Works Project: 1. The City Engineer clearly notes all trees and the reason for removal on the Council Communication approving plans and specifications; 2. Prior to removing, trees that are known to have been donated by a service club or individual, staff must notify the service club or individual donor(s) of the impending removal prior to approving plans and specifications, if possible; 3. Emergency tree removal for safety reasons are exempt from the notification requirement. Charles E. Swimley, Jr. Public Works Director Approved by City Council October 19, 2016 Resolution No. 1 0/5/1 6 RESOLUTION NO. 2016-185 A RESOLUTION OF THE LODI CITY COUNCIL RESCINDING RESOLUTION NO. 4304 AND APPROVING UPDATED PUBLIC WORKS TREE POLICY WHEREAS, operations within the Public Works Department have evolved over the past decades and several of the existing policies need to be updated, and new policies created, to reflect current conditions within the department; and WHEREAS, the Public Works Policies and Procedures Manual covers a wide range of services, including administration, engineering, storm, streets, sewer, water, transit, and solid waste; and WHEREAS, the action requested of the City Council herein is specific to the Streets Division Tree Policy; and WHEREAS, staff recommends that the City Council rescind Resolution No. 4304 and approve the updated Public Works Tree Policy, attached hereto marked as Exhibit A, and made a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby rescind Resolution No. 4304 and approves an updated Public Works Tree Policy, attached hereto marked as Exhibit A, and made a part of this Resolution. Dated: October 19, 2016 I hereby certify that Resolution No. 2016-185 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Chandler ABSTAIN: COUNCIL MEMBERS — None s,.,A ENNIFEF M. FERRAIOLO City Clerk 2016-185 Rev. 10/5/16 CITY OF LODI PUBLIC WORKS DEPARTMENT EXHIBIT A POLICIES AND PROCEDURES STREETS -4 TREE POLICY I. GENERAL Trees which are 50 percent or more within the public right-of-way shall be considered City trees. This measurement shall be taken at the truck of the ground surface. The City of Lodi is responsible for caring for all City trees within the public right-of-way including trimming, spraying, general maintenance, and performing root surgery where property owner is replacing sidewalk and existing sidewalk is removed by property owner. Property owners are responsible for any required watering of newly planted trees in parkways. The City is not responsible for maintenance of non -City trees. Property owners and City personnel are not allowed to remove 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: 1. Tree is dead; 2. Tree is diseased beyond cure; 3. Tree is hazardous to the public or necessary root surgery would render it hazardous; 4. Tree conflicts with sidewalk to be installed by property owners on parcels where curb and gutter is in place; 5. Tree removal is necessary for a City improvement project; or 6. Tree causes repeated extensive damage to utilities or curb, gutter, and sidewalk. B. Property Owner Responsibility — With the issuance of encroachment permit by the Public Works Department, a tree within the public right-of-way may be removed under the following conditions at the property owner's expense: 1. Tree bearing fruit causing 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 driveway or to construct a new 10/7/16 CITY OF LODI PUBLIC WORKS DEPARTMENT EXHIBIT A POLICIES AND PROCEDURES STREETS -4 TREE POLICY Rev. 10/5/16 1 driveway. Trees in parkways will be replaced at City's expense as part of its tree planting program. 3. Tree may be removed when less than 50% of the tree is within public right-of- way. 4. Trees may be removed as part of an approved development where curbs and gutters do not exist. C. Tree Removal Notifications — Prior to trees being removed as part of a Public Works Project: 1. The City Engineer clearly notes all trees and the reason for removal on the Council Communication approving plans and specifications; 2. Prior to removing, trees that are known to have been donated by a service club or individual, staff must notify the service club or individual donor(s) of the impending removal prior to approving plans and specifications, if possible; 3. Emergency tree removal for safety reasons are exempt from the notification requirement. Charles E. Swimley, Jr. Public Works Director Approved by City Council October 19, 2016 Resolution No. 10/7/16