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Informational Memo <br />Planning Commission <br />1-11-18 Pubic Hearing <br />Page 2 <br />18.54.100 D. The Planning Commission expressed concerns about possible <br />liability from trees planted in the right-of-way. Staff has requested guidance <br />from the City Attorney and Public Works on this issue. <br />g. 18.54.210 B. The Planning Commission requested clarification about <br />requesting injunctive relief on the basis on someone threatening to violate the <br />tree regulations. Staff has researched the question and has the following <br />information: <br />Typically, a request for injunctive relief must be authorized by the City <br />Council, which can be time consuming as an item must be scheduled on the <br />Council's meeting calendar. The language in this subsection would permit <br />the Director of the Department to initiate legal proceedings in the event of an <br />emergency, which would save time. This language is in the current TMC <br />18.54 and is proposed to carry forward into the draft going to the City Council. <br />Attachment F is a memo from Assistant City Attorney Ann Marie Soto responding to <br />questions about liability and Attachment G is information from Robin Tischmak, Acting <br />Public Works Director, and City Engineer, regarding trees in the right-of-way and also <br />requesting two changes to the draft tree regulations. DCD staff are in agreement with <br />the requested changes from Public Works to the draft tree regulations. <br />RECOMMENDATION <br />Conduct the public hearing on the proposed revisions to TMC 18.06 and TMC 18.54, <br />deliberate and make a recommendation to the City Council. <br />ATTACHMENTS <br />A. Draft revisions to Definitions, TMC 18.06 in strikeout/underline format showing <br />staff proposed changes, Advisory Committee and Planning Commission <br />revisions. <br />B. Draft revisions to TMC 18.54, Tree Regulations, with the staff proposed changes <br />accepted, Advisory Committee and Planning Commission revisions shown in <br />strikeout/underline. <br />C. Comprehensive Plan Urban Forestry Goals and Policies. <br />D. Current TMC 18.54. <br />E. Staff Report on land use file L17-0077, Revisions to TMC 18.06 and TMC 18.54 <br />F. Memo from Ann Marie Soto, Assistant City Attorney <br />G. Email from Robin Tischmak, Acting Public Works Director <br />H. Significant Tree Comparison Chart. <br />CL 1/4/2018 2:50 PM <br />11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Draft Tree Code\Planning Commission\PC Info Memo 12-28-17 <br />