PART III: Why it is Important to Hire a City Approved Tree Service: A Case Study

ABSTRACT: PART III presents the Forest and Beach Commission Agenda item on the “illegal tree pruning of a Monterey cypress located on the west side of Vizcaino Ave. three homes south of Mountain View Ave." Selected excerpts from City Forester Mike Branson’s Staff Report are presented. COMMENTS are presented. And relevant REFERENCES from the City of Carmel-by-the-Sea Municipal Code are transcribed. CITY OF CARMEL-BY-THE-SEA FOREST AND BEACH COMMISSION REGULAR MEETING AGENDA Thursday, July 3, 2008 I. CALL TO ORDER AND ROLL CALL COMMISSION MEMBERS: KATHLEEN COSS (ACTING CHAIRPERSON) JOE FORD (ABSENT) LESLIE KADIS NANCY JOHN, CHAIRPERSON (ABSENT) TAD PRITCHETT VIII. ORDERS OF BUSINESS 2. Discussion of illegal tree pruning of a Monterey cypress located on the west side of Vizcaino Ave. three homes south of Mountain View Ave. STAFF REPORT: City Forester Mike Branson, dated June 25, 2008. Selected excerpts, as follows: A “12” diameter, 18’ tall Monterey Cypress...” “The tree canopy was tipped back, the main leaders (2) were topped, and the center thinned out…The tree will continue to grow but will in the long-term either develop several leaders or flatten out into a short dense canopy.” The City Forester requested the City Attorney attend the July meeting “to address any specific questions from the Commission regarding illegal pruning.” PUBLIC COMMENT: • Barbara Livingston of Friends of Carmel Forest spoke of the Friends disappointment in the Staff letter to the property owners, including the City’s failure to ask for the name of the tree pruner, the City’s lack of relevant excerpts from the Municipal Code with respect to required permits, et cetera and the City’s lack of a requirement that the City require a replacement tree. • Maria Sutherland spoke of a list of tree topping consequences, the opportunity to educate other property owners about correct procedures, et cetera and setting a precedent with a fine. DICUSSION OF COMMISSION & CITY FORESTER: • City Forester Mike Branson stated that he heard from the property owners and they were “apologetic.” Branson characterized the incident as “unfortunate” and “undesirable.” He admitted that the pruning of trees on public property without a permit is a misdemeanor and a violation may be addressed by civil action, but he stated that any citation issued would be issued to actual offender, in this case the "gardener," not the property owner. Moreover, since there are no eyewitnesses and the gardener in question could deny he pruned the Cypress tree, there are basically no consequences. Commissioner LESLIE KADIS spoke of “no consequences” and Commissioner TAD PRITCHETT stated that there is “no excuse for ignorance.” Alas, the Commissioners mostly spoke in generalities about educating Carmelites through an article in The Carmel Pine Cone and informing realtors. Since City Attorney Don Freeman was not present as requested by City Forester Mike Branson, the Commission decided to explore further the issue with the City Attorney and City Administrator over the next couple of months and report to the public at the September 2008 Forest and Beach Commission Meeting. COMMENTS: • While City Forester Mike Branson was well versed in the Municipal Code regarding required permits, violations, misdemeanor and civil action, he expressed more concern for the person who may be under pressure from his client or ignorant of proper pruning practices and city tree policies than for the Municipal Code and the topped Cypress tree. Ergo, he himself failed to place the item on a Forest and Beach Commission agenda and expressed no interest in investigation or determining the “gardener” who violated the Municipal Code or pursuing action which would lead to the issuance of a citation and/or civil action. • Overall, the Forest and Beach Commission appears to be an ineffectual body with members who are ignorant of the Municipal Code and/or undemanding in terms of enforcing the Municipal Code to the fullest extent. • Remarkably, to City Forester Mike Branson’s comment about no eyewitnesses, Forest and Beach Commissioner Joe Ford, who lives next door, to the south of Robert & Hong Hai Dubroff, was present the day of the pruning and was not in attendance at the Forest and Beach Commission Meeting. REFERENCE: Carmel-by-the-Sea Municipal Code Chapter17.48 TREES AND SHRUBS 17.48.050 Required Permits. B. Trees on Public Property. Any person desiring to remove or prune any portion of a tree or shrub, except Genista, growing in or upon any public street, way, park, or place within the City, or any person desiring to cut any wood, foliage, or roots from any tree on private property when more than one-half of the basal cross-sectional area of such tree is on City property, shall file an application for a permit consistent with CMC 17.48.060, Permit Applications. If, in the opinion of the City Forester, the tree or trees should be removed because of disease, infestation, or clear and present danger to persons or property, the trees shall be removed at City’s expense. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004). 17.48.150 Enforcement. A. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall constitute an infraction. B. Penalties. Any person convicted of an infraction under the provisions of such sections shall be punishable by fine only as follows: Upon a first conviction, by a fine not exceeding $250.00, and for a second conviction or any subsequent conviction within a period of one year, by a fine not exceeding $500.00. 1. Cutting, removing, or pruning of trees on public property without a permit shall be a misdemeanor. 2. In addition to the penalties provided for herein, any violation of such sections may be addressed by civil action. C. Suspension of Permit. Removal of trees, pruning or root removal without a permit shall be grounds for suspension of any permits granted for construction or demolition for a period of up to 90 days, said period of time to be determined by the City Forester. During the suspension period, the property owner or her/his designee shall make application to the Forest and Beach Commission to obtain the necessary permit. Upon the review of the application, the Forest and Beach Commission: 1. May require replacement trees to be planted upon completion of construction; 2. May require an amount of money equal to the value of the lost tree(s) to be deposited in a deposit account to be used for reforestation; 3. May, in the event a tree is damaged and the City Forester determines that it may die within one year, require a sum of money equal to the tree’s value to be deposited with the City in a deposit account for a period of time not exceeding one year. If the tree dies during that period the City shall use the money for restoration. The City Forester shall determine the tree’s value using criteria established by the International Society of Arboriculture. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).