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File Number: 18-502 <br />Analysis <br />When Public Works is notified of a situation where a City tree, including a street tree, has been <br />illegally removed and/or pruned, after investigation or confirmation, the current practice is to <br />require the responsible party to pay $100 to the City for a replacement tree (for those situations <br />where a tree was cut down) to be planted by Public Works staff. For instances of pruning, a note <br />is made in the City’s Tree Inventory database, so that if the tree dies in the future, the City may <br />cite the responsible party, after investigation or confirmation, for payment of a replacement tree. In <br />cases of illegal pruning, based on the extent and how the tree was pruned, and especially if in the <br />extreme, Public Works staff will typically not return for future maintenance pruning. Typically, the <br />property owner immediately adjacent to the City tree is informed that they are responsible for the <br />tree’s care. With over 20,000 City trees to maintain by four Public Works staff, it is not feasible to <br />spend the extra amount of time needed on trees that have been illegally trimmed. <br />Given the City’s primarily mature tree inventory, the loss of a tree (whether by removal or injury <br />due to improper pruning) cannot be adequately addressed under the existing Municipal Code, <br />which only allows for issuance of a $100 fine. The administrative time alone to investigate and <br />then issue the fine is not covered by the current fine. Additionally, new tree plantings are furnished <br />at a 15-gallon size, which does not fully compensate for the loss of aesthetic value representative <br />of a mature tree. <br />Utilizing the database of Bay Area cities that staff canvased during the discussion of a potential <br />private tree ordinance, an American Public Works Association listserv posting, and other cities <br />with published information on their websites, the following information is provided to inform the <br />City Council on how other jurisdictions address this matter. It is noted that some regulations apply <br />only to what a city has defined as heritage or other special designation/size of tree, while other <br />cities apply their regulations broadly. <br />Jurisdiction Regulations <br />Livermore & Pleasanton Value of tree* or $5,000 if can’t be determined <br />Oakland Most City tree services eliminated in 2008 due to budget reductions <br />Union City Value of tree <br />Fremont $250 first offense; $750 second offense; $1,000 third & subsequent offenses <br />San Jose Varies from $500-$15,000 for removals based on size of tree and # of violations; <br />100% of maintenance responsibility on property owner <br />Dublin Civil penalty equal to twice the amount of the appraised value of the Heritage tree <br />Rancho Cordova Up to $1,000 and/or 6 months in jail for public trees. For private trees, payment in <br />lieu at $165/inch dbh (diameter at breast height) <br />St. Helena $50-$100 fine, plus the value of the tree for first offense; for subsequent violations, <br />$500 fine plus value of tree, or imprisonment not to exceed 6 months, or both <br />East Coast village $250/inch dbh <br />Page 2 City of San Leandro Printed on 10/30/2018