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HomeMy WebLinkAbout2019-10-08 - AGENDA REPORTS - SECOND READING AND ADOPTION OF AN ORD OF THE CITY (2)Agenda Item: 4 DATE: October 8, 2019 SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADDING SECTION 13.76.045 TO THE SANTA CLARITA MUNICIPAL CODE CONCERNING STREET TREES DEPARTMENT: City Manager's Office PRESENTER: Joseph Montes RECOMMENDED ACTION City Council conduct a second reading and adopt an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADDING SECTION 13.76.045 TO THE SANTA CLARITA MUNICIPAL CODE CONCERNING STREET TREES." BACKGROUND At the September 24, 2019, regular City Council meeting an ordinance was introduced and passed to second reading to create the flexibility within Chapter 13.76 of the SCMC for the City Council to approve agreements for the transfer of ownership and maintenance responsibility for street trees in limited circumstances where such transfer would be in the best interests of the City and the private property owner. Chapter 13.76 of the Santa Clarita Municipal Code (SCMC) governs the ownership and maintenance of street trees within the City of Santa Clarita (City). Trees located within the roadway right of way are owned and maintained by the City, pursuant to the provisions of that Chapter. In most areas of the City, street trees are located within medians, or on parkways between the sidewalk and curb. However, in other areas of the City, trees are located within the right of way in locations that would suggest that private property owners own the trees. In some limited instances, it may be appropriate for such private property owners to own and maintain the trees. Page 1 ALTERNATIVE ACTION Other action as determined by City Council. FISCAL IMPACT None by this action. ATTACHMENTS Street Tree Ordinance Page 2 ORDINANCE NO. 19- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADDING SECTION 13.76.045 TO THE SANTA CLARITA MUNICIPAL CODE CONCERNING STREET TREES THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Purpose. Chapter 13.76 of the Santa Clarita Municipal Code ("SCMC") governs the ownership and maintenance of street trees within the City of Santa Clarita ("City"). Trees located within the roadway right of way are owned and maintained by the City, pursuant to the provisions of that Chapter. In most areas of the City, street trees are located within medians, or on parkways between the sidewalk and curb. However, in other areas of the City, trees are located within the right of way in locations that would suggest that private property owners own the trees. In some limited instances, it may be appropriate for such private property owners to own and maintain the trees. This ordinance will create the flexibility within Chapter 13.76 of the SCMC for the City Council to approve agreements for the transfer of ownership and maintenance responsibility for street trees in limited circumstances where such transfer would be in the best interests of the City and the private property owner. SECTION 2. Section 13.76.045 is hereby added to the Santa Clarita Municipal Code to read as follows: "13.76.045 Transfer of Ownership/Maintenance. Notwithstanding any other provision of this Chapter, ownership and maintenance responsibility for any street tree(s) may be transferred to the underlying property owner (including, but not limited to, an HOA or POA representing same) via a written agreement approved by the City Council." SECTION 3. This ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this 8th day of October 2019. ATTEST: CITY CLERK DATE: MAYOR Page 1 of 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 19- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of September 2019. That thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council on the 8th day of October 2019, by the following vote, to wit: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 19- and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Page 2 of 2