TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Public Works Director Kimberly Gonzalez, Public Works Coordinator
SUBJECT:Consideration and possible action to waive further reading and adopt Ordinance No. 1459 – An Ordinance adding Chapter 12.45 to the Bellflower Municipal Code (“BMC”) governing public tree management for the City of Bellflower.
DATE:August 10, 2026
EXECUTIVE SUMMARY
Ordinance No. 1459 was introduced on July 13, 2026. Second reading and adoption is recommended. If adopted, the Ordinance will take effect in 30 days.
RECOMMENDATION TO CITY COUNCIL
1) Waive further reading and adopt Ordinance No. 1459 adding Chapter 12.45 to the Bellflower Municipal Code governing public tree management for the City of Bellflower; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
ATTACHMENTS
July 13, 2026, Staff Report (Without Attachments).......................................................... 2 Ordinance No. 1459 ........................................................................................................ 4 15-E
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TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works Wangsu Lee, Assistant to the City Manager
SUBJECT:Consideration and possible action to read by title only, waive further reading, and introduce Ordinance No. 1459 – An Ordinance adding Chapter 12.45 to the Bellflower Municipal Code (“BMC”) governing public tree management for the City of Bellflower.
DATE:July 13, 2026
EXECUTIVE SUMMARY
Ordinance No. 1459 (the “Ordinance”) would add Chapter 12.45 to the Bellflower Municipal Code (“BMC”) to establish a framework for the management, protection, maintenance, and replacement of public trees. The Ordinance would designate the Director of Public Works, or his or her designee, as the responsible authority for public tree management and for establishing and implementing an Urban Forest Master Plan.
The Ordinance would also establish permit requirements for work affecting public trees, prohibit activities and conditions that damage or endanger public trees, provide a method for tree valuation, establish penalties and liability for unauthorized removal or damage, and create an administrative appeal process. The Tree Management Ordinance is the final requirement for the City of Bellflower to obtain Tree City USA designation.
RECOMMENDATION TO CITY COUNCIL
1) Read by title only, waive further reading, and introduce Ordinance No. 1459, adding Chapter 12.45 to the Bellflower Municipal Code; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There is no direct fiscal impact associated with the introduction of the Ordinance.
Implementation of the permitting and enforcement provisions is expected to be administered using existing Public Works Department resources. The Ordinance does establish a fee for tree management permits. To the extent violations occur, the Ordinance authorizes the City to recover the appraised value of unlawfully removed or damaged public trees, as well as related removal, disposal, staff oversight, replacement, purchase, delivery, and planting costs, as applicable. -2-
Staff Report – Tree Management Ordinance
July 13, 2026
ENVIRONMENTAL REVIEW
The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3). Here, the Ordinance is intended to provide a framework for the management, protection, maintenance and replacement of public trees.
DISCUSSION
The Ordinance would add Chapter 12.45 to the BMC to establish the City’s regulatory framework for the management, maintenance, protection, and replacement of public trees. The Ordinance creates procedures for public tree management and ensures that the City’s urban forest is maintained in a safe, healthy, and sustainable condition. Under the Ordinance, the Public Works Department would be responsible for public tree management, and the Director of Public Works (“Director”), would be authorized to oversee the planting, maintenance, and removal of public trees; establish and update the Urban Forest Master Plan; review plans that may affect public trees; issue or deny permits; impose permit conditions; maintain records; and enforce Chapter 12.45.
The Ordinance would also establish a permit process for activities involving or affecting public trees. A written permit from the Director would be required before any person plants, prunes, root prunes, trims, thins, applies pesticides to, or otherwise maintains a public tree. A permit would also be required for construction, demolition, relocation, repair, or other improvements on City or private property that may directly or indirectly affect a public tree. Furthermore, the Ordinance identifies prohibited activities and conditions, including unauthorized damage, removal, pruning, topping, stubbing, pollarding, or other harm to a public tree; allowing harmful substances, fire, equipment, or irrigation to damage a public tree; placing hardscape or materials in a manner that may harm a public tree or its root system; failing to install required tree protection during construction; or exceeding the scope or conditions of an approved permit.
The Ordinance includes enforcement provisions to protect the City’s investment in its public trees. Violations may be prosecuted as misdemeanors unless charged as infractions. Responsible parties will be liable for the appraised value of unlawfully removed or damaged public trees and related costs for removal, disposal, staff oversight, replacement, purchase, delivery, and planting. Tree valuations would be based on the latest edition of the International Society of Arboriculture Guide for Plant Appraisal. The Ordinance also provides an appeal process for parties who disagree with a determination made by the Director.
The Ordinance would provide the City with a clear framework to protect public trees, guide implementation of the Urban Forest Master Plan, and support consistent administration and enforcement of public tree management standards throughout Bellflower. Adoption of the Ordinance is also the final requirement for the City to obtain Tree City USA designation.
ATTACHMENT
Ordinance No. 1459 ........................................................................................................ 3 -3-
CITY OF BELLFLOWER
ORDINANCE NO. 1459
AN ORDINANCE ADDING CHAPTER 12.45 TO THE
BELLFLOWER MUNICIPAL CODE (“BMC”) GOVERNING
PUBLIC TREE MANAGEMENT FOR THE CITY OF BELLFLOWER
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1.Findings. The City Council finds and declares as follows:
A. Trees are a vital component of the City’s urban forest and provide significant public benefits, including shade, improved air quality, stormwater management, carbon sequestration, habitat and enhanced neighborhood character; B. The preservation, proper maintenance, and responsible planting of trees contribute to the public health, safety, welfare, and quality of life for residents, businesses, visitors and property owners;
C. Mature and healthy trees help reduce the urban heat island effect, conserve energy, improve pedestrian comfort, and support the city’s long-term environmental sustainability goals;
D. The City desires to establish uniform procedures for tree management through the Urban Forest Master Plan and designate the Public Works Department as the legal authority and responsibility for public tree management; E. The Tree Management Ordinance includes the authorization, regulations, penalties, liabilities and policy necessary to consistently and efficiently manage the City’s urban forest.
F. On November 5, 2024, the City’s voters approved Measure B, which adopted the City Charter for the City of Bellflower (the “Charter”); G. Articles II, III, and IV of the Charter authorize the City to enact all laws governing its municipal affairs. Managing, protecting, and maintaining the City’s public trees and urban forest, including trees in City parks, rights-of-way, medians, and parkways, is a municipal affair;
H. Under Article III(B) of the Charter, the City Council finds that this Ordinance will not unduly burden a person’s ability to pursue economic opportunities or safe and legal residential housing; and
I. The Charter has the force of California law (see Cal. Const., art. XI, § 3, subd. (a)). A court may set aside an ordinance that implements the Charter’s municipal-affairs authority only when the subject is a matter of statewide concern.
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J. The City maintains an urban forestry program and intends to seek urban and community forestry grant funding available under the California Urban Forestry Act of 1978 (Public Resources Code §§ 4799.06, et seq.). This Chapter and the Urban Forest Master Plan establish the City as a local agency with urban forestry-related jurisdictional responsibilities and an established and operating urban forestry program; and
K. This Chapter and the designation of the Director of Public Works provide the community tree-care ordinance and responsible authority associated with Tree City USA recognition. The City’s community forestry program budget and its annual Arbor Day observance and proclamation are addressed separately by resolution or action of the City Council.
SECTION 2.Bellflower Municipal Code (“BMC”) Chapter 12.45 is added to read as follows:
CHAPTER 12.45 PUBLIC TREE MANAGEMENT
Sections:
§ 12.45.010 Purpose.
§ 12.45.020 Definitions.
§ 12.45.030 Responsibility for Tree Management.
§ 12.45.040 Tree Valuation.
§ 12.45.050 Permits.
§ 12.45.060 Prohibited Activities and Conditions.
§ 12.45.070 Penalties and Liabilities for Violations of this Chapter. § 12.45.080 Severability.
§ 12.45.090 Appeals.
§ 12.45.010 Purpose.
This chapter is adopted under the municipal affairs provisions of the City Charter.
It establishes the responsibilities, policies, standards, and regulations needed to keep the City’s urban forest safe and healthy using accepted industry management standards. The City adopts this chapter to protect, preserve, and enhance its urban forest.
§ 12.45.020 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter.
“Director” means the Director of Public Works or designee. “Easement” or “Right-of-way” means land owned by another party over which the City holds an easement or right-of-way for street and related purposes. -5-
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“Maintain” or “Maintenance” means activities such as, but not limited to trimming, root-pruning, spraying, watering, fertilizing, mulching, treating disease or injury, or any other similar act which promotes the safety, growth, beauty and life of any Public Tree.
“Owner” means and includes all Persons who have legal interest in private real property, as well as tenants, lessees, and other persons who have control or possession of, or who are responsible for private real property. “Parkway” refers to that portion of a street right-of-way which is available for landscaping, and not for curb, gutter or pavement.
“Person” means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture, trust or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. “Person” also includes any public entity or agency that acts as an owner in the City.
“Pruning,” “Trimming” or “Thinning” means and includes any act by which the reduction of the density of a Public Tree using professionally accepted arboricultural standards occurs.
“Public Tree” means any City-owned tree which is located within any public park, City right-of-way, median, parkway, planting easement, or on any other City-owned property. A public tree does not include those trees that were planted without the City’s permission or where the City did not acquire title. “Responsible Person” means and includes any Person, whether as an owner as defined in this section, or otherwise, who allows, causes, creates, maintains, or permits a violation of this chapter to exist or continue, by any act or the omission of any act or duty. The actions or inactions of a Responsible Person’s agent, employee, representative, service provider or contractor will be attributable to that Responsible Person. Such persons will also constitute Responsible Persons. “Topping,” “Stubbing” or “Pollarding” means removal of a branch to a stub, bud or lateral branch not large enough to assume a terminal role which produces less desirable results than more moderate pruning with respect to the natural form of the tree and which is generally hazardous to the overall health and the stability of the tree.
“Urban Forest Master Plan” means a written document developed and implemented by the City which sets forth policies, procedures, standards, and other relevant guidelines regarding the selection, planting, maintenance and removal of public trees, and establishes general preservation and planned management objectives to promote and perpetuate a sustainable urban forest.
This Master Plan will include an approved tree palette. -6-
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§ 12.45.030 Responsibility for Tree Management.
The powers and duties of the Director under this chapter are as follows:
A.To have charge of, direct and supervise the planting, maintenance and removal of any Public Tree.
B.To establish and revise when necessary, the Urban Forest Master Plan which states policies, procedures, and standards concerning the selection, planting, maintenance, and removal of Public Trees.
C. To review all landscaping, construction, or development plans when the proposed actions may directly or indirectly affect the health or welfare of Public Trees.
D. To grant or deny the issuance of all permits for the planting, pruning or maintenance of Public Trees.
E.To issue permits authorized by this chapter including, where desirable, appropriate conditions of approval.
F.To prepare and keep appropriate records of all Public Trees as deemed necessary.
G.To enforce the provisions of this chapter.
H. To require that the planting, maintenance, pruning, and removal of Public Trees conform to recognized arboricultural standards, including the ANSI A300 standards and the International Society of Arboriculture Best Management Practices, and to the California Department of Forestry and Fire Protection’s Guidelines for Developing and Evaluating Tree Ordinances.
§ 12.45.040 Tree Valuation.
When it is necessary to assign a value to a Public Tree, the latest edition of the International Society of Arboriculture Guide for Plant Appraisal will be used. § 12.45.050 Permits.
A.A person must obtain a written permit from the Director before undertaking, causing, or allowing any of the following:
1. Planting, pruning, root pruning, thinning, trimming, or otherwise performing, causing or allowing an act of maintenance to occur on a Public Tree.
2. Apply pesticides to a Public Tree.
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3. Engaging in any form of alteration, construction, demolition, relocation, or repair of a building or structure, or commencing any other form of improvement on City or private real property that may directly or indirectly affect the health or welfare of a Public Tree. A permit is required under this chapter
notwithstanding any other, additional or alternative, permits that may be authorized by this code.
B.A permit application must be made on a form provided by the Director. The City will charge a fee for each permit under this section, set by the current adopted user fee schedule.
C. The Director must issue a permit if the public interest is best served by the action and the service provider will meet the standards in the Urban Forest Master Plan. Each permit must state an expiration date, and the work must be completed within the time the permit allows and in the manner it describes. A permit is void if its terms are violated.
D. The Director may impose conditions to any permit in order to protect the health and welfare of Public Trees.
E.Work undertaken by the permittee or their agents may be stopped immediately and the permit may be revoked by oral or written order of the Director when it is determined that the program of work or conditions violates the terms of the permit.
F.City personnel, contractors and service providers who remove a Public Tree pursuant to a written agreement with the City are exempt from the requirements of this section.
§ 12.45.060 Prohibited Activities and Conditions.
It is unlawful for any Person to do, cause, or allow the following activities or conditions to occur:
A.Damage, carve, disturb, transplant, prune, root prune or remove any Public Tree, or undertake any other action that may directly or indirectly affect the health and welfare of a Public Tree, except as provided in section 12.45.050.
B.Top, stub, or pollard any Public Tree.
C. Cause or allow any poison or other substance harmful to tree life to lie, leak, pour, flow or drip upon or into the soil within the drip line of any Public Tree; or set or allow any fire to burn when the fire or its heat will injure any portion of a Public Tree; or to operate any device, -8-
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Ordinance No. 1459
equipment, object or tool such as a mechanical weeding device, in such a manner as to cause damage to a Public Tree in any way.
D. Except pursuant to a permit issued by the Director pursuant to section 12.45.050, improve a City Easement or public dedication area, or parkway that is on or abuts private real property with structures or hardscape materials (including but not limited to concrete, asphalt, bricks or pavers) or to otherwise place, store or maintain any stone, brick, concrete, lumber, tile, pipe or other personal property in such areas when such actions, structures, materials and items could directly or indirectly damage a Public Tree because of harm or possible harm to its root system or any portion of the tree or when such actions, structures, materials and items could compact the soil over roots or otherwise impede free passage of water, air or fertilizer to the root system of a Public Tree.
E.Cause or allow irrigation on or in close proximity in such a manner as to cause harm, decline or death to a Public Tree.
F.Fail to install, implement or maintain sufficient guards or protectors, as identified in the Urban Forest Master Plan, during any construction or repair to, or alteration or demolition of a structure, or other improvement on City or private real property to prevent injury, harm or detriment to any Public Tree. Prior written approval of the Director, or their designee, must be obtained before such devices are installed or implemented.
G. Undertake actions for which a permit is required; exceed the scope of a permit; violate the condition of a permit or perform actions after a permit has expired.
§ 12.45.070 Penalties and Liabilities for Violations of this Chapter.
A.Any Person who violates any provision of this chapter is guilty of a misdemeanor, unless the city attorney charges the offense as an infraction.
B.Responsible Persons are jointly and severally liable to the City for the appraised value of each Public Tree removed in violation of this chapter, as well as each damaged or injured Public Tree that the Director determines will not regain its complete health, appearance or life expectancy as a result of an action or inaction that constitutes a violation of this chapter.
C. Responsible Persons who unlawfully remove an entire Public Tree, or who partially remove, damage or injure a Public Tree in violation of this Chapter, which the Director determines must then be entirely -9-
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Ordinance No. 1459
removed, will also mitigate the loss of said tree to the urban forest as follows:
1. Public Trees must be replaced at a ratio of 3 to 1, either on the site of their removal or in another public area in the City as determined by the Director.
2. Responsible Persons will be jointly and severally liable to the City for the removal costs and disposal charges or fees in connection with any damaged Public Tree. These include, without limitation, the costs and expenses that the City incurs when city personnel are used, or those fees and expenses that a contractor charges the City for its services. When a contractor removes and disposes a Public Tree, the Responsible Persons, will also be jointly and severally liable to the City for staff time of city personnel overseeing the project.
3. Tree replacement size will be determined based upon the tree valuation pursuant to 12.45.040.Responsible Persons will be jointly and severally liable for the City’s purchase and delivery of such trees to the selected locations, as well as for the cost of the installation.
4. If the Director elects not to designate a replacement location, the Responsible Person will nevertheless be jointly and severally liable for the City’s present cost of replacement trees, which funds, when received, will be placed in a Public Tree fund and used for Public Tree planting projects in the City.
5. The Responsible Persons must tender full payment for the liabilities described in this section within 10 calendar days of the date the Director issues a written request for payment. The City’s receipt of full payment of liabilities from one Responsible Person will inure to the benefit of any other Responsible Persons. The City may collect unpaid sums in any manner allowed by law.
D.The liabilities set forth in this section will be in addition to any other fines, damages or other sanctions that may be imposed on a responsible person pursuant to Civil Code § 3346 or other applicable law.
E. The penalties and consequences provided for in this section are cumulative and not exclusive.
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Ordinance No. 1459
§12.45.080 Appeals.
Should any Person disagree with a determination made by the Director, they may appeal to the City Manager or their designee. All appeals must be made in writing and state the basis for the appeal.”
SECTION 3.Environmental Review. The Council finds that adoption of this Ordinance is exempt from additional review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et., seq., the “CEQA Guidelines”) because, under CEQA Guidelines §§ 15061(b)(3) and 15378(b)(5) the Ordinance establishes internal governmental procedures that have no potential to cause a significant effect on the environment.
SECTION 4.Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 5.Enforceability. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 6.Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other city ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 7.Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 8.Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
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SECTION 9.Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 10.Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 11.Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 12. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 13.Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption.
ORDINANCE NO. 1459 HAD ITS FIRST READING ON JULY 13, 2026, ITS SECOND READING ON ____________, AND WAS DULY PASSED, APPROVED, AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF ___________.
__________________________
Sonny R. Santa Ines, Mayor
ATTEST:
__________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
__________________________
Karl H. Berger, City Attorney
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