HomeMy WebLinkAbout2019/05/01 - Agenda Packet - Public Works Subcommittee
May 1, 2019 4 P.M.
PUBLIC WORKS SUBCOMMITTEE AGENDA
S PECIAL M EETING
C ITY OF R ANCHO C UCAMONGA C ITY H ALL,
T APIA C ONFERENCE R OOM
10500 C IVIC C ENTER D RIVE, R ANCHO C UCAMONGA, CA 91730-3801
A. CALL TO ORDER
A. Roll Call: Kennedy Hutchison
B. PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the Public Works Subcommittee
on any item listed on the agenda. State law prohibits the Subcommittee from addressing any
item not previously included on the Agenda. The Subcommittee may receive testimony and
set the matter for a subsequent meeting. Comments are to be limited to five minutes per
individual.
C. ITEM(S) FOR DISCUSSION
C1. Approve and File Minutes of: April 17, 2019.
Discussion of a Proposed Ordinance Establishing a Process for Residents Requesting a
C2.
Tree Removal.
D. ADJOURNMENT
I, Linda A. Troyan, MMC, City Clerk Services Director, or my designee, hereby certifies that a
true, accurate copy of the foregoing agenda was posted on April 29, 2019 at least twenty-four
(24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive,
website.
Linda A. Troyan, MMC
City Clerk Services Director
City of Rancho Cucamonga
If you need special assistance or accommodations to participate in this meeting, please contact the City
-2023. Notification of 48 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
Page 1 of 1
April 17, 2019
CITY OF RANCHO CUCAMONGA|PUBLIC WORKS SUBCOMMITTEE SPECIAL MEETING MINUTES
A.C ALL TO O RDER –T RI-C OMMUNITIES C ONFERENCE R OOM
A special meeting of the Rancho Cucamonga Public Works Subcommittee was held on Wednesday,
April17,2019, in the Tri-Communities ConferenceRoom of the Rancho Cucamonga City Hall located at
10500CivicCenterDrive, Rancho Cucamonga, California, Mayor ProTem Lynne B. Kennedy, and Council
Member Ryan A. Hutchisoncalled the meeting to orderat 3:30p.m.
A1.Roll Call:Present wereMayor Pro Tem Lynne B. Kennedy, and Council Member Ryan A. Hutchison.
Also, present: John R. Gillison, City Manager; Elisa Cox, Deputy City Manager Civic & Cultural Services;
Jason C. Welday, Engineering Services Director/City Engineer; AlbertoEspinoza, Assistant City
Engineer; Erika Lewis-Huntley, Management Analyst III; Justine Garcia, Management Analyst II;
SophiaFreyre, Healthy RC Coordinator;Jennifer Camacho-Curtis, Communication & Marketing Officer;
Rob Ball, Fire Marshall; Nicole Dalton, CommunicationsAffairs Coordinator; and Rebecca Fuller,
Executive Assistant.
B.P UBLIC C OMMUNICATIONS
B1.Residents Brad Bullerand Clint Bartowwere presentand spoke to C2 on the agenda.
C.I TEM(S)FOR D ISCUSSION
C1.Approveand File Minutes Of:February 26, 2019
Approved –Motion moved by Council Member Ryan A. Hutchisonto approve the February 26, 2019
minutes; seconded by Mayor Pro Tem Lynne B. Kennedy.
C2.Discussion of a Pedestrian Bridge Along the Deer Creek Channel, Requested to be Located Between
the Pacific Electric Trail and the Highland Avenue Crossing.
Albert Espinoza,Assistant City Engineerand Justine Garcia, Management Analyst II, presented the staff
report and provided background and staff analysis on thediscussion of a pedestrian bridge along the
Deer Creek Channel between the PacificElectric Trail(PE Trail) and the Highland Avenue crossing.
Due to the high estimated project cost, lack of competitiveness for outside grant sources, the two existing
bridges within a mile of each other, and no improvedfire responsewith installation of new bridge,staff
recommends discontinuing any further discussions regarding an additional pedestrian bridge crossing
the Deer Creek Channel.
Mr. Bartow explained hewasinterested in one bridge to cross the channel and he was looking for support
from the City to acquire State Funding or have City Funds pay for the additional bridge to cross the
DeerCreek Channel. Mr. Bartow statedthis new bridge will benefit the children who reside on the west
side of the Deer Creek Wash. If the bridge is built,children will be able to access Victoria Groves
Elementary and utilize Victoria Groves Park, reduce traffic impacts, and provide another access point
for the Fire Districtto respond to emergencies. Mr. Bartow also stated the existing trail is at a 3% grade
and it is difficult for small children to walk such a long way around to the PE Trail and HighlandAvenue.
Brad Buller, Alta Loma School District Board Member/Former City Planner for the City of Rancho
Cucamonga, stated that when planning the communities that the bridge was on the Master Planand
General Plan for bridgeson the north side of the Pacific ElectricTrail. He explained the bridge was
supposed to connect the west side of the DeerCreek Channel to the community on the eastto allow
residents to utilize Victoria Groves Park. He states thatthe plan for the bridgeshouldneverhavebeen
removed or taken off the Master Plan or General Plan.
April 17, 2019|Public Works Subcommittee
City of Rancho Cucamonga | Page 1of 2
April 17, 2019
CITY OF RANCHO CUCAMONGA|PUBLIC WORKS SUBCOMMITTEE SPECIAL MEETINGMINUTES
Rob Ball, Fire Marshall,statedthat the existing street network provides good access to the
neighborhoods on both sides of the channel and the above and below trailsfor firefighting and
emergency medical services.Adding the bridge would not benefit the Fire District’sresponse time and
that the Fire Engineshave access to all areas.
After the discussion, the Subcommittee expressed appreciation forMr. Bartow’s efforts and that one
option for funding may be for theAlta Loma School District to apply for grants or to identify future funding
of the project. The Subcommittee also stated if a funding source to cover the full cost of the projectis
secured, that the City would consider its ability to cover the maintenance costsat that time.
The Subcommittee concurred with staff’s recommendation tothe City Council that staff discontinue
future efforts regarding an additional bridge connection over the Deer Creek Channel located between
the Pacific Electric Trail and Highland Avenue crossing as it is currentlycost-prohibitive, motioned by
Councilmember Hutchison seconded by Mayor Pro Tem Lynne B. Kennedy.
D.ADJOURNMENT
D1.The Public Works Subcommittee meeting adjournedat4:24 p.m.
Respectfully submitted,
Jason C. Welday
Director of Engineering Services/City Engineer
Date:
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STAFF REPORT
DATE:May 1, 2019
Public Works Subcommittee
TO:
Lori Sassoon, Deputy City Manager
FROM:
Bill Wittkopf, Public Works Director
SUBJECT:DISCUSSION OF A PROPOSED ORDINANCE ESTABLISHING A PROCESS
FOR RESIDENTS REQUESTING A TREE REMOVAL
RECOMMENDATION:
Staffrecommendsthe Public Works Subcommittee review the attached Tree Removal Draft
Ordinance anddirect staff accordingly.
BACKGROUND:
Rancho Cucamonga has a large and diverse urban forest, with more than 100,000 trees in the
city’s care, in addition to many thousands more that are privately-maintained on private property.
Public Works Services’ Urban Forestry Division is responsible for the care and trimming of the
City’s trees, whether in parks, medians, or in public rights-of-way adjacent to private property.
On occasion, the City receives requests from residents for City trees to be removed. These
requests are evaluated by Urban Forestry staff. When the tree is causing damage to private
property, or is deemed to be diseased or hazardous, the City will typically grant the request,
removing the tree at our cost. In other cases, where in the opinion of staff the request does not
meet those criteria, the request is not granted.
ANALYSIS:
It was brought to our attention some other communities have created processes to consider the
removal and replacement of trees at property owner’s expense, when the removal is not
warranted at the City’s expense. Specifically, the city of Yorba Linda has had a convenience tree
removal and replacement ordinance in place for many years. Based on that model, the attached
ordinance was developed for Council consideration and recommended for approval.
Highlights of the ordinance include the following:
Residents could request removing city-maintained trees in the rights of way, by making an
application to Public Works Services and paying an application fee.
Reasons for the convenience request could include:
o Debris reduction (aka leaf litter)
o View enhancement
o Reducing excessive shade
o Tree species (resident prefers a different tree)
o Potential for property damage
Property owners within 600 feet of the property would be notified and invited to comment
PUBLIC WORKS SUB-COMMITTEE STAFF REPORT –DISCUSSIONOFAPROPOSED
ORDINANCEESTABLISHINGAPROCESSFORRESIDENTSREQUESTINGATREE
REMOVAL
May 1, 2019
Page 2
Public Works Director could approve or deny the request, considering the resident’s
reasons and the neighborhood feedback; decision can be appealed to City Manager
If approved, the resident would pay for the tree removal and its replacement. Replacement
may be made on site, or if not desired by the resident, at another site chosen by Public
Works. Public Works will determine removal-to-replacement ratio; it may be 1 to 1, or they
may require more than one tree to replace the removed tree, depending upon the
circumstances.
City Council would set the application and replacement fees.
Overall, the ordinance will not reduce the size of the City’s urban forest, as any tree removal
granted would bereplaced by at least one tree, and in many cases more than one tree.
We look forward to discussing this concept with the Committee.
FISCAL IMPACT:
N/A
COUNCIL GOAL(S) ADDRESSED:
None.
ATTACHMENTS:
Attachment 1 –Draft Ordinance
ATTACHMENT 1
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA ESTABLISHING A PROCESS
FOR THE REMOVAL AND REPLACEMENT OF CITY-
MAINTAINED TREES IN THE RIGHT-OF-WAY OR OTHER
PUBLIC PROPERTY BY ADDING CHAPTER 12.30 TO THE
MUNICIPAL CODE
The City Council of the City of Rancho Cucamonga hereby ordains as follows:
Section 1.The City Council hereby adds a new Chapter 12.30 to the Rancho
Cucamonga Municipal Code to read asfollows:
“Chapter 12.30: Convenience tree removal.
12.30.010.Purpose. The purpose of a convenience tree removal application is
to address requests from the community for the removal of City-maintained trees
in the right-of-way or other public property and to give the public works services
department the authority to remove such trees and replace or plant additional trees
in order to maintain and enhance trees as natural and community resources. This
chapter is not intended to supersede the tree preservation policies of any specific
plan, including the Etiwanda Specific Plan, if the specific plan is more stringent
than the requirements of this title; if the specific plan is less stringent than the
requirements of this title, this title shall supersede thespecific plan. This chapter
is also not intended to supersede the permitting requirements applicable to
heritage trees under section 17.16.080.
12.30.020.Applicability. The provisions of this chapter shall apply to all City-
maintained trees in the right-of-way or other public property. This chapter does
not apply to privately-maintained heritage trees on private property that are subject
to section 17.16.080. This chapter does not diminish the City’s authority to
voluntarily manage the City’s urban forest in order to protect the public health,
safety, and welfare.
12.30.030.Convenience tree removal application.
A.An application for a convenience tree removal may only be filed by a person
or entity owning property immediately adjacent to the right-of-way or public
property where the subject tree is located.
B.The public works services director or his or her designee shall have the sole
discretion, pursuant to the requirements below, to approve an application
for the removal of a tree maintained by the city in the right-of-way or other
public property.
p
Ordinance 19-XXX -Page 1of 4
12.30.040.Review Process.
A.An application for a convenience tree removal shall be filed, together with
any required fee as set by resolution of the city council, with the public works
services director on forms provided by the department.
B.The public works services department will notify adjacent property owners,
within 600 feet of the considered tree, of the application for the convenience
tree removal and will consider the neighboring property owners opinions, if
any, regarding the proposed changes when deciding whether to deny or
grant the tree removal request.
C.The public works services department shall review the application and may
inspect the existing conditions. The public works services director may
consider the following factors, in addition to neighboring property owner
opinions, and any other relevant factor, when reviewing tree removal
requests:
1.Debris reduction.
2.View enhancement.
3.Reduction of excessive shade projections.
4.Conformance with community design guidelines.
5.Tree species.
6.Potential damage to utility facilities or other property.
D.For a property with more than three trees surrounding it, no greater than
one-third of the existing trees surrounding the property may be removed
within a ten year period.
12.30.050.Approval. The public works services director or his or her designee
shall approve, conditionally approve, or deny the application for a convenience tree
removal, and may impose such conditions necessary to implement the provisions
of this section, after the following findings are made:
A.The removal of the tree will not have a negative impact on the health, safety,
or viability of surrounding trees.
B.The removal of the tree will not negatively impact the aesthetics or general
welfare of the surrounding area.
12.30.060.Appealof Director’s Decision. A decision of the public works
services director pursuant to section 12.30.050 may be appealed to theCity
Manager. An appealmust be initiated within ten working days after the public
Ordinance 19-XXX -Page 2of4
works services director’s decision is issued by filing, with the director, a letter of
appealbriefly stating therein the basis for such appeal. The hearing on appealshall
be held on a date no more than 15 working days after receipt of the letter of appeal.
The appellant shall be given at least five working days’ notice of the time and place
of the hearing. TheCity Manager, or theCity Manager’sdesignee, shall provide
the appellant and any other interested party the reasonable opportunity to be heard
in order to show cause why the public works services director’s decision should
not be upheld. Within 45 working days of the hearing, theCity Manager, or theCity
Manager’s designee, shall make a written decision regarding the appeal. The
decision of the City Manager, or theCity Manager’sdesignee, shall be final.
12.30.070.Scheduling. If the request is approved, any work under this
application shall be scheduled by the city in compliance with the provisions of the
Migratory Bird Treaty Act of 1918 as well as sound horticultural practices. As such,
there could be up to sixmonths between the approval of the application and the
final work.
12.30.080.Agreement. If the request is approved, the public works services
department and the applicant shall enter into an agreement for the removal of the
tree. The agreement shall contain the following terms, and any other terms
deemed necessary by the public works services director:
A.The total cost of the tree removal and replacement shall be borne by the
applicant. Funds to cover the cost of all work must be remitted by the
applicant prior to the scheduling of any work. Fees for removal and/or
replacement of trees shall be adopted by resolution.
B.The applicant shall agree to indemnify and hold harmless the city for
property damage or injuries caused by the work undertaken by the city
pursuant to the removal of a tree under this section.
12.30.090.Replacement of trees removed pursuant to this section.The public
works services department will implement a tree replacement program in
accordance with this section, which will include at a minimum the following
components:
A.Trees will be replaced by the city, in accordance with applicable
procurement procedures, funded by the applicant requesting the tree
removal.
B.Trees removed should be replaced by the same tree, appropriate to the
street, oranother tree on the city’s approved list. The approved list shall be
approved by the city council. Tree replacement should meet requirements
of specific plans, community plans, and the fire code. The ratio and location
of the replacement tree(s) shall be determined by the public works services
department, after considering the following factors:
1.Community design guidelines.
Ordinance 19-XXX -Page 3of4
2.Physical space available for replanting trees.
3.Number of healthy trees in the remaining or prospective planting
area.
C.When it is infeasible or impracticable to replace a tree in the prior location,
a replacement tree may be replaced off-site or added to the city nursery for
use at a later date.
Section 2.CEQA. The City Council hereby finds that it can be seen with certainty that
there is no possibility that the adoption of this Ordinance may have a significant effect on
the environment, because the Ordinance allows for the removal and replacement of a
limited number of trees, after considering the health of surrounding trees, to be more than
offset by the replacement or planting of additional trees. It is therefore exempt from
California Environmental Quality Act review pursuant to Title 14, Section 15061(d) of the
California Code of Regulations.
Most trees within the right-of-way and on public property are currently managed by the
public work services department and can be removed without requiring replacement or
relocation. This Ordinance implements a process for replacing or relocating trees within
the right-of-way and on public property and requires the relocation or planting of new
trees. The City Council finds that this Ordinance will thus increase or, at a minimum,
maintain the baseline number of trees in the City. The adoption of this Ordinance is an
action authorized bystate law to assure the maintenance, restoration, or enhancement
of a natural resource and the environment. It is therefore also exempt from California
Environmental Quality Act review pursuant to Title 14, Sections 15307 and 15308 of the
California Codeof Regulations.
Section 3.Severability. The City Council declares that, should any provision, section,
paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any
final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences and words of this
Ordinance shall remain in full force and effect.
Section 5.The City Clerk shall certify to the adoption of this Ordinance.
Ordinance 19-XXX -Page 4of4