File #: 15-614    Version: 1 Name: Draft Rules Committee Minutes of October 21, 2015
Type: Minutes Status: Passed
In control: City Council
Meeting Date: 12/7/2015 Final action: 12/7/2015
Enactment date: Enactment #:
Title: Highlights of the Rules Committee Meeting of October 21, 2015
Sponsors: Lianne Marshall
Attachments: 1. Rules_102115, 2. 1021 Sign In

Title

Highlights of the Rules Committee Meeting of October 21, 2015

 

Body

CITY OF SAN LEANDRO

 

CITY COUNCIL RULES COMMITTEE

 

October 21, 2015

1:00 p.m. - 2:30 p.m.

 

San Leandro City Hall

835 East 14th Street

San Leandro, California

Sister Cities Gallery

 

HIGHLIGHTS

 

1.                      CALL TO ORDER

 

1.A.                      Attendance

 

Committee Members:                     Mayor Pauline Cutter, Councilmember Deborah Cox, Councilmember Lee Thomas

 

City Staff Present:                     Debbie Pollart, Eric Engelbart, Tamika Greenwood, Lianne Marshall, Chris Zapata

                     

Public Present:                     Liz Eisler, Gerd Marggraff

 

1.B.                      Announcements

 

2.                      DISCUSSION ITEMS

 

2.A.                      Report on Status of Tree Ordinance - Debbie Pollart

 

In preparation for the meeting, staff provided sample tree sizes for the committee to consider. Staff also provided background information on last year’s City Council meeting where residents complained about a large walnut tree that was illegally cut down by a San Leandro homeowner. Based on that particular tree removal, the speakers in last year’s City Council meeting requested the City Council enact a tree protection or preservation ordinance pertaining to certain trees on private property. At the time, staff was directed to look at ordinances from other cities as a model for a draft ordinance.

 

Staff reminded the council of the following options for consideration: 1) no changes to the current policy, 2) developing regulations that pertain only to properties zoned for commercial, industrial or multi-family uses or,  3) develop a method to define and protect significant trees with historic, heritage or landmark value.

 

There are currently no city policies that regulate the planting or removal of trees on private property in San Leandro,  however, San Leandro’s General Plan notes the major role that landscaping plays in San Leandro’s overall look and feel. Staff noted there are trees located at Juana/Bancroft that are noted as “Historic Landscape Elements” in the 2002 General Plan and those trees are currently protected by ordinance.

 

The Committee reviewed a draft ordinance which borrowed ideas from other cities that were mid-range in regulating trees on private property. It was noted that some cities provided tree protection based on measurements of diameter, while others use circumference. Staff noted, the smaller the tree the more restrictive the ordinance. Based on comparisons, San Leandro is on the less-restrictive end of the spectrum in regulating tree removal. Staff recommended the city require an arborist report to give detailed information on trees that residents want to remove.

 

Staff recommended the city consider a fee for a permit to remove trees on private property. The fee would cover a portion of staff’s time in reviewing the request, performing a site visit, reviewing the arborist report and preparing a final determination.

 

3.                      PUBLIC COMMENTS

 

Liz Eisler commented on the numerous trees that have been cut down in her neighborhood without consideration to size or preservation. She concludes that new homeowners don’t value the significance of the trees and opt to cut them down immediately. She wants regulations put in place so these trees are not cut down at random.

 

Gerd Margraff contends he promoted the tree ordinance discussion when he reported the removal of the original walnut tree. He agrees with Liz Eisler about new homeowners removing trees without permission or cause and urges the City Council to preserve San Leandro’s uniqueness of “urban forestry”.

 

4.                      COMMITTEE MEMBER COMMENTS

 

The committee agreed that cutting down historic trees should be regulated and discussed potential impacts of implementing regulations.

 

Mayor Cutter suggested the City add regulations for front yard trees and exclude backyard trees.

 

The Mayor also suggested an application process which would allow homeowners a “cooling off” period with the premise that while they are waiting for their application to be approved, they might change their minds about tree removal.

 

Councilmember Cox suggested the ordinance only include certain trees (based on size, age or historical context) and exempt smaller, less significant trees.

 

Councilmember Thomas commented that regulating tree removal could be viewed as unfair and the city should think carefully before choosing to exercise authority over trees on privately owned property. 

 

The item was continued to a future Rules Committee. After committee discussion, public works staff was directed to begin tracking the number of trees during routine maintenance so the committee can get an idea of how many trees are at issue. The mayor offered to take up the discussion with mayors from other cities to get an idea of how they handle the issue.

 

5.                      ADJOURN

 

The meeting was adjourned at 1:50 p.m.