Item Coversheet

Agenda Item - 7.a.


City of Garden Grove


INTER-DEPARTMENT MEMORANDUM

To:Scott C. Stiles

From:William E. Murray
Dept.:City Manager 

Dept.: Public Works 
Subject:

Consideration of Waiver of Correction Notices for removal of unpermitted trees in the public rights-of-way. (Action Item)

Date:9/13/2016

OBJECTIVE

For the City Council to review the Public Works Department posting and enforcement actions regarding unauthorized planting of trees in public rights-of-way pursuant to a waiver request filed under Garden Grove Municipal Code section 11.32.170.

BACKGROUND

As the City Manager's designee and authorized agent, the Public Works Department is responsible for management and enforcement of Title 11 of the City of Garden Grove Municipal Code. Section 11.32.020.B requires written permission from the City before a property owner plants a tree in a parkway.  In carrying out enforcement actions regarding unpermitted planting of trees in residential parkways, a request in accordance with section 11.32.170 of the Municipal Code for City Council review of enforcement actions taken, was received by City Hall and forwarded to Public Works Streets and Trees Division to be addressed.  Section 11.32.170 authorizes the City Council to waive, modify, or delay the enforcement of the Tree Ordinance upon written request of a property owner where practical difficulties or unnecessary hardships inconsistent with the purposes of the Tree Ordinance result from its literal interpretation or enforcement. 

DISCUSSION

The following residences were given Correction Notices to remove unpermitted newly planted palm trees from the parkways fronting their homes: 12561 Cardinal Avenue, 13562 Redbird Street, 13532 Redbird Street, 13351 Redbird Street and 13561 Redbird Street.  Two residents have complied with the Correction Notice and one resident was granted an extension so that they could comply at a later date.

 

On May 20, 2016, City Hall received a letter requesting that City Council review the enforcement actions taken regarding unpermitted tree planting in the parkways at the above addresses.  The letter requesting City Council review was written by Mr. Tuan Dinh Tran who resides at 13521 Redbird Street.  Mr. Tran did not receive a correction notice. Please see attachment.

 

Unpermitted planting of trees has steadily increased over the past 20 years and now number in the thousands. Specific to this review, the unpermitted palm trees in question will grow into mature trees.  The primary maintenance issues with mature palm trees are that they drop seeds and fronds, which subjects pedestrians to slips, trips, and falls. In addition to the public safety concerns and to promote adequate health, trim cycles must be strictly implemented.  For palm trees the tree trimming schedule ranges from one to two years.  The maintenance schedule for all other trees spans four to six years.

 

The majority of residents that have mature palm trees in the parkway are very adamant and direct in their position that maintenance issues, whether or not the tree is permitted, is the City's problem.  We are reluctantly trimming and maintaining trees that do not belong to the City. This has significantly impacted our tree trimming budget and available staff.

 

One solution to this problem is to regain control of our residential parkways. Past, current and future considerations have been thoroughly evaluated by staff prior to committing to the Correction Notice posting of these young palm trees for removal. These young trees can possibly be replanted within the yard of the resident or elsewhere on private property.  Under our Adopt-a-Tree Program, an approved tree may be planted in the parkway at the resident's expense. The resident would be responsible for water and area clean-up of leaves and seeds.

 

The contract trimming budget, which has not changed in seven years, is directly impacted by the planting of unpermitted trees.  We are responsible to manage our allocated budget closely. For this reason, it is prudent for the City to address the planting of unpermitted trees.  Since August 2015, 195 compliance notices have been posted.  Of these postings, this is the first request for review. 

 

Stability of our Urban Forest Program depends on three legs of support, which are: 1) funding; 2) staffing; and 3) enforcement.  The absence of any one of these three elements subjects our Urban Forest Program to unnecessary challenges and instability.  The Public Works Department is committed to its mission to provide a quality Urban Forest Program for all to enjoy.

FINANCIAL IMPACT

The decision reached is important in maintaining control of the Urban Forest Program, which will directly affect future program budgeting needs and requests.

RECOMMENDATION

It is recommended that the City Council:

 

  • Concur with the actions taken by Public Works Department staff in regard to Correction Notices posted to remove unpermitted trees from the parkways.



ATTACHMENTS:
DescriptionUpload DateTypeFile Name
Attachments8/11/2016Cover MemoAttachments_to_Illegal_Planted_Memo.pdf