TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Patricia Matson, Assistant City Clerk
SUBJECT:Title
Consideration of a Request by Mayor Lesser and Councilmember Howorth to Discuss the Fines Associated with Violations of the City’s Tree Preservation Ordinance on Private Property: Manhattan Beach Municipal Code Section 10.52.120, Subsections L & M; and Chapter 7.32 (City Manager Mirzakhanian).
DISCUSS AND PROVIDE DIRECTION
Body
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RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction regarding the request by Mayor Lesser and Councilmember Howorth to discuss the fines associated with violations of the City’s tree preservation ordinances - Manhattan Beach Municipal Code (MBMC): Section 10.52.120, Subsections L & M (trees on private properties in Residential Zones, Area Districts I and II); and Chapter 7.32 (trees on City property and the public right-of-way).
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
Pursuant to the Brown Act, the City Council cannot discuss items not on an agenda unless under limited circumstances. The City Council has developed a process to allow individual Councilmembers to request, with the support of another Councilmember, that items be placed on a future agenda for City Council discussion. At that future meeting, the item is identified on the agenda in full compliance with the Brown Act. Discussion allows an opportunity to the public to provide input and the City Council, as a body, to decide whether City resources (staff time, etc.) should be incurred to present a more comprehensive report at a third City Council meeting.
Accordingly, individual Councilmembers can initiate future agenda items by following the following three-step process:
STEP ONE:
During “Future Agenda Items,” a Councilmember may request that an item be placed on the agenda. If another Councilmember concurs with placing the item on the agenda, the item is placed on a future agenda. At the request of Mayor Lesser and Councilmember Howorth at the April 21, 2026, City Council meeting, staff has placed this item on the agenda to seek direction.
STEP TWO:
The item has been placed on the agenda at the section titled, “City Council Requests and Reports Including AB 1234 Reports” at the end of the agenda with this report. Copies of Municipal Code provisions are attached to provide background and context. After receiving public comment and discussion, the City Council has the following options:
a) Receive and File the report; or
b) Direct staff to return with alternative options for the City Council to consider regarding tree violation fines. Specify whether the options should be regarding private property trees (Title 10), public property trees (Title 7), or both.
(PLEASE NOTE: For some matters that do not require additional background, a majority of Councilmembers can provide direction during the properly noticed second step, thereby eliminating the need for a third step.)
STEP THREE:
If City Council chooses option b) in Step Two above, alternative tree violation fines will be placed on a future City Council meeting agenda for action. (Note that if the discussion leads to Code Amendments, the Planning Commission must consider any Code Amendments to the Zoning Code (e.g., Municipal Code Section 10.52.120) prior to Council consideration).
DISCUSSION:
At the request of Mayor Lesser and Councilmember Howorth at the April 21, 2026, City Council meeting, staff has placed this item on the agenda for further discussion.
The attached Municipal Code Section 10.52.120 (Tree Preservation and Restoration in Residential Zones, Area Districts I and II) was adopted in 1993 and subsequently amended. Subsection L and M provide:
“L. Violation/Penalties. Violation of this chapter shall be punishable as a misdemeanor or an infraction subject to the discretion of the City Prosecutor with the following additional penalties:
1. Suspension, Revocation and Restoration. In addition to any other penalties allowed by this Code, the Director of Community Development may suspend any Tree Permit. The Planning Commission or City Council may suspend the Tree Permit for a Discretionary Project upon a finding at a public hearing that a violation of conditions of approval has occurred.
2. Stop Work Orders. Whenever any construction or work is being performed contrary to the provisions of this section or condition of approval of the applicable discretionary project the Director of Community Development may issue a written notice to the responsible party to stop work on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation and the risk to the trees. No work shall be allowed until the violation has been rectified and approved by the Director of Community Development.
3. After-the-Fact Permit Fees. The standard permit fee shall be doubled for tree removals or other work requiring a Tree Permit pursuant to this section when commenced prior to issuance of said permit.
M. Administrative Fines. The Director of Community Development may impose a fine against any person who is in violation of any provision of this section. Such fine shall be a range as specified in the City Fee Resolution. The proceeds of all administrative fines imposed under this section shall be placed in a "Tree Canopy Restoration Fund" to be used solely for the replacement and maintenance of trees in the public right-of-way or on public property within the City.
1. Any person upon whom a fine is considered to be imposed pursuant to this section shall be entitled to a written notice of the pending decision of the imposition of the fine within ten (10) calendar days of the decision of the imposition of the fine. The notice shall state the amount of the fine, the reason for the proposed imposition of the fine and the authority for imposing the fine. The notice shall also state that the person upon whom the fine is proposed to be imposed has a right to request a hearing to protest the proposed decision of imposition of the fine and the time and method by which a hearing may be requested.
2. Any person upon whom a fine authorized by this section is proposed to be imposed may request, in writing, a hearing to protest the proposed fine. The request must be filed with the City Clerk within ten (10) calendar days from the mailing date of the notice of the proposed fine. The failure to timely file a written request for a hearing shall constitute a waiver of the right to a hearing.
3. Upon timely receipt of a request for a hearing, the City shall, within ten (10) calendar days of receipt of such a request hold a hearing to be presided over by the Director of Community Development or his or her designee. This presiding officer shall determine the procedure and rules for the conduct of the hearing. The ruling of the presiding officer, notwithstanding any other provision of this Code shall be final.
4. If the Director determines that a fine is due, and the fine imposed by this section is not paid within fifteen (15) calendar days of its becoming due and payable the City may file a lien in the amount of the fine plus interest at the legal rate, which may be recorded on any property owned by the individual subject to the fine which is located in the City.
5. In the event that a civil action is filed regarding any provision of this subsection M, the City shall be entitled to attorney fees if it prevails.”
MBMC Chapter 7.32 (also attached) addresses trees on City property and the public right-of-way). Specifically, Section 7.32.060.G provides the opportunity for administrative fines to be issued for violations associated with Title 7. The Council may provide direction to staff as to that Chapter as well.
In a recent case, where three private property trees were damaged during construction, the violation was considered a misdemeanor, and the City assessed $3,000 in administrative fines, in addition to $1,200 for two after-the-fact (retroactive) tree removal permits.
CONCLUSION:
Staff recommends that the City Council discuss and provide direction regarding the request by Mayor Lesser and Councilmember Howorth to discuss the fines associated with violations of the City’s tree preservation ordinances.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. MBMC Section 10.52.120
2. MBMC Chapter 7.32
3. Resolution No. 16-0057