Whittier City Council Approves Extension of Tree Policy Suspension in 4–1 Vote, Citing Insurance and Liability Risks
- Whittier 360 News Network
- 2 days ago
- 4 min read
WHITTIER, CA — The Whittier City Council voted 4–1 Tuesday night to extend the temporary suspension of the city’s Parkway Tree Manual through January 1, 2028, a decision driven by concerns over insurance coverage, liability exposure, and public safety.
The action, adopted under Ordinance No. 3176, shifts authority over tree removal decisions to the City Manager while the City develops a long-term Urban Forest Management Plan and updated regulatory framework.
A Policy Shift Rooted in Liability and Insurance
City officials made clear that the primary driver behind the ordinance is risk—both financial and legal.
Whittier City Manager Conal McNamara warned that failure to act could jeopardize the City’s insurance coverage.
“If we did not have insurance… we could be on the hook for tens of millions of dollars for a single settlement,” McNamara said.
The ordinance itself confirms that concern, noting that the City’s insurance provider recommended suspension of the Parkway Tree Manual and warned that Whittier could face removal from its insurance pool without changes.
City leaders framed the decision as necessary to maintain coverage and protect taxpayers from potentially catastrophic liability.
Councilmember for District 4 Fernando Dutra echoed that reasoning during deliberations.
“We’re doing all of this to make sure we are good stewards of the public’s money,” Dutra said.
What the Ordinance Does
Ordinance No. 3176 extends a suspension first enacted in late 2025, temporarily setting aside provisions of the Parkway Tree Manual and portions of the municipal code that require a formal notice and hearing process before tree removal.
Under the ordinance:
The suspension remains in effect through January 1, 2028
Decision-making authority shifts to the City Manager
Tree removals must still be supported by professional arborist reports
The City will develop a Urban Forest Management Plan (UFMP) and Environmental Impact Report for future policy replacement
City officials emphasized that the suspension is intended to remove procedural delays—not eliminate oversight entirely.
According to the ordinance, tree removals during the suspension will continue to occur only after preservation measures are exhausted and based on professional recommendations. The full ordinance can be viewed here: https://online.cityofwhittier.org/OnBaseAgendaOnline/Documents/ViewDocument/ATTACHMENT%20A%20-%20ORDINANCE%20NO.%203176.DOCX%20(60443).pdf?meetingId=4805&documentType=Agenda&itemId=60443&publishId=35257&isSection=false
Scale of the Issue: Aging Trees and Limited Removals
The City maintains an inventory of more than 20,000 trees, many of which are over 50 years old—beyond the typical lifespan for urban street trees.
Despite concerns about widespread removals, officials indicated that the scale remains limited.
Approximately 22 trees have been removed since the initial suspension
Fewer than 100 trees per year are typically removed
City officials argued that removals are targeted and consistent with past practices, not a dramatic expansion of tree cutting.
A Divided Council
The measure passed with support from:
Joe Vinatieri
Cathy Warner
Fernando Dutra
Octavio Martinez
Opposition came from:
Mary Ann Pacheco
Pacheco cited concerns about process and community involvement.
“My greatest concern continues to be what I think was inadequate public input into the decision,” she said.
Opposition: Tree Protections and Policy Concerns
Opponents of the ordinance argued that the Parkway Tree Manual already allows for the removal of dangerous trees and that the City’s justification is overstated. Executive Director of the Conservancy Helen Rahder warned that suspending the manual removes key protections.
“Stripping the residents of Whittier of the only protection that they have… the removal of a healthy tree—that option no longer exists,” Rahder said.
President of the Whittier Conservancy Mary Gorman Sullens emphasized that the existing framework was designed to manage risk responsibly.
“Nothing in the manual prevents the immediate removal of dangerous trees,” she said.
In a detailed letter submitted to the City Council, Conny McCormack, the Founder of Save Our Trees Whittier, argued that liability exposure is tied to maintenance and claims history rather than the policy itself.
“It is not a piece of paper… it’s all of your insurance claims,” McCormack said.
Her position received strong support from former Whittier Mayor Allan Zolnekoff, who served in the 1990s when similar issues were addressed.
“Conny McCormack articulates my view perfectly. She is correct in every detail,” Zolnekoff said.
The full letter can be reviewed here: View McCormack letter
Residents Raise Cost and Policy Questions
Additional speakers raised concerns about cost, strategy, and alternatives.
Tony Avila questioned whether funds could be better used for infrastructure repairs
Denise Gutierrez raised concerns about broader liability-driven impacts on neighborhoods
Austin (public speaker) expressed skepticism about the City’s insurance rationale
Together, public comment reflected a divide between those prioritizing liability mitigation and those advocating for preservation and maintenance-based solutions.
A Political Issue in the District 2 Race
The vote is also emerging as an issue in the District 2 City Council race.
Octavio Martinez, the incumbent, voted in favor of the measure.
Challengers expressed varying degrees of opposition.
Rene Ramos called for a more balanced approach.
“I don’t believe the answer is removing trees across the board… [we should] look at trees on a case-by-case basis,” Ramos said.
Vicky Santana emphasized that policy alone does not address risk.
“Risk isn’t mitigated by removing a document—it’s mitigated through action,” Santana said.
Brian Ahern criticized the council’s responsiveness during public comment.
The responses highlight a broader divide between liability-driven policy and maintenance-focused alternatives.
What Happens Next
The suspension will remain in place through January 1, 2028, during which time the City plans to:
Develop an Urban Forest Management Plan
Complete an Environmental Impact Report
Propose updated tree regulations
The outcome of that process—and ongoing legal and political challenges—will likely determine the long-term future of Whittier’s urban forest.
Whittier 360 News Network will continue to follow this developing story.
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