HEALTH & SAFETY: A Carmelite's Quest for City Government Accountability

Special Meeting
Thursday June 22, 2006
4:00 p.m.
City Hall Conference Room


III. Adjournment to Closed Session at City Hall
Pursuant to Government Code Section 54956 et seq. of the State of California, the City Council will adjourn to Closed Session to consider the following:

Conference with Legal Counsel re: existing litigation – Gov’t Code Section 54956.9
(a) – MARCIA GREEN, Plaintiff v. CITY OF CARMEL-BY-THE-SEA; ROBERT F. ENZ
CONSTRUCTION; and DOES 1 through 30, inclusive, Defendant - Monterey County
Superior Court Case No. M71281.
At the Closed Session, the City Council denied the claim and referred the claim for damages to St. Paul Travelers, the City’s insurance carrier.
Note: 110836 6/27/06 ST. PAUL TRAVELERS 20,000.00 TWO $10,000 INSURANCE DEDUCTIBLES (DEWEY CASE AND GREEN CASE)


HIGHLIGHTS:

Attorney for Carmelite Marcia Green, Raymond H. Goettsch, Of Counsel, Demler, Armstrong & Rowland, LLP, submitted a claim for damages against the City of Carmel-by-the-Sea on May 23, 2006.

Included in the claim for damages is Exhibit “A” and Exhibit “B.”

Summary of Exhibit “A:”

On February 25, 2004 a City 90’ tall Monterey Pine Tree “snapped at the base of the tree and fell through the center portion” of Marcia Green’s house.

In July 2004, Marcia Green reported 7 “dangerous” trees to the City on her street. The City inspected 3 of the 7 trees and removed 2 trees in December 2004.

In 2005, a utility arborist, and in January 2006, a PG & E lineman, expressed concern about the condition of two of the trees. During this time period, Marcia Green contacted the City Forester. The City Forester, Michael Branson, told her to “keep an eye on it.” She does not “believe the City has set up a reliable method to further monitor this tree.”

In April 2006, a utility forester told Marcia Green that another tree “poses a danger of falling and crashing onto her home or onto the home of a neighbor…”

Summary of Exhibit “B:”

Carmelite Marcia Green, through her attorney, has filed an inverse condemnation claim against the City of Carmel-by-the-Sea for the damage incurred to her home on February 25, 2004 and the “continuing danger other City trees pose to her home.” Ergo, Marcia Green is “seeking the loss in fair market value of her home in an amount to be determined but not less than $500,000, or the cost to repair in the amount of $250,000, as well as attorney’s fees and costs of approximately $100,000.

And as a result of 4 trees continuing to pose “a danger of falling” of her home and her neighbors homes, etc., Marcia Green is seeking damages for “continuing nuisance” of $250,000 and “the difference between the market value of claimant’s home and the diminished value of claimant’s home given the dangerous condition of the public property created by the subject trees.”


SUPERIOR COURT OF CALIFORNIA
COUNTY OF MONTEREY

Case No: M71281

Caption: Green, Marcia vs. City of Carmel by the Sea, et al

Name: Marcia Green

Court Dates & Court Event Description:
7/21/2006; Motion Hearing
8/18/2006; Settlement Conference
8/28/2006; Jury Trial: Long Cause

Courtroom: Courtroom 14

Judge: Hon. Robert O’Farrell

Questions For Carmelites:

1. Does the City of Carmel-by-the-Sea have an adequate, proactive and effective Forestry Management Plan?

2. Is a Forest, Parks & Beach Fiscal Year 2006/07 Budget of $ 399,552 enough to fund an adequate, proactive and effective Forest Management Plan?

3. Did the City Forester and the City respond appropriately to the concerns expressed by Marcia Green and others about hazardous trees on City property?