Independent Neighborhood News & Talking Points
28 Jan
While the intensity of concern may have weakened a bit, potential solutions continue to evolve in the story of the Sycamore Trees illegally felled from the corner of Camino Ricardo & Willow Street:
From the San Jose City Council: At the urging of Dave Cortese and now Nora Campos, the City Council will consider emergency changes to the current tree removal ordinances at its regular meeting on February 6 (online PDF agenda), primarily discussing Cortese’s memorandom from January 24:
Our common goal is for stronger tree preservation in San Jose. The City Council can demonstrate its commitment to this goal by providing initial oversight via the Transportation and Environment Committee … While the Committee works with staff and the public to improve current policies and put into place new ones, the City Clerk and City Attorney can research and report back on the idea of a new Urban Forestry Commission, which would serve as steward of the new and improved tree policies … the complete memo is available online in PDF)
From SJPD: San Jose Police Chief Rob Davis drew significant praise from members of the eList with an email he sent out clarifying the department’s plans for responses to future in-progress code violations. That email is added as a comment to this post.
From the WG Resident: In its January 26 edition (dated January 24 online), the paper provides the first significant public comments in defense of the home owners. Developer, friend, and neighbor of the Holt Family, J. Barnes explains: “Felled trees have residents out on a limb”
“They’re distraught,” said Barnes about the Holts, who have not commented on the incident.
Barnes acknowledges the Holts made a mistake. Barnes said the couple was unaware they needed a permit. Further, the city’s letter informing the Holts of the required permit wasn’t retrieved from a post office box in TrĂ©s Pinos until days after the trees were cut down, Barnes said. …
Barnes knew Holt was considering removing the trees, but did not know he planned to hire a company on Jan. 13 or remove them without a permit. He became involved in the home’s construction only after the trees were felled.
San Jose code enforcement administrator Jamie Matthews said he is “very satisfied [Barnes] was not involved with the illegal tree removal.”
As the furor over the tree removals heightened, Barnes was compelled to get involved and defend his friend, he said.
Many people still believe the Holts pursued the tree removal knowing it was illegal. If they were unclear on the tree’s permit status, why were they searching for a service to remove the trees specifically on a Saturday, as originally reported in WGx and on the WGNA eList?
The weekly newspaper also suffered from unfortunate timing, as it shifted its publication schedule the week the trees were cut. But a recent editorial encourages better communication and education about trees in the city:
The city’s help in funding workshops and classes that would educate residents in becoming good tree stewards is a start. In addition, San Jose officials need to develop a program that teaches utility company workers proper pruning techniques, because these businesses leave a trail of destruction on city streets.
Willow Glen may have lost three old trees, but turning them into sawdust won’t be wasted if it generates greater awareness and strengthens our regulations and policies so future trees remain rooted in their heritage.
5 Responses for "Latest Tree Developments …"
This eMail was originally sent to the WGNA eList, on behalf of Chief Rob Davis … WGx
—– Forwarded Message —-
To: elist@wgna.net
Sent: Wednesday, January 24, 2007 6:31:17 PM
Subject: [WGNA] Forwarded Email - Police Chief Rob Davis Comments
I also feel that you and the other leaders of the Willow Glen Neighborhood Association ran a very fair and objective meeting yesterday to discuss this issue. I believe the majority of the residents who had something to say at the meeting made some very useful suggestions about ways to make it more difficult for someone to remove a tree illegally as well as to empower responding City officials to intervene more effectively. This is indeed an issue that affects all of our City’s neighborhoods, so it is important we strengthen our ability to enforce this law throughout all of the neighborhoods in San Jose.
As a result of the discussion with you and your group, as well as discussion with other City officials, including Jamie Matthews of Code Enforcement, I thought it might be of some use to you to explain what our immediate actions and recommendations will be to improve the enforcement of the illegal tree removal ordinance. While recognizing that the Code Enforcement branch of the City has the lead on issuing permits and enforcing the code whenever a potential violation is occurring, we also recognize that there are times that Code Enforcement officials are not immediately available, such as
holidays, late-night hours, etc.
Since one of the dilemmas experienced by SJPD officers who respond to a call of an illegal tree removal during those hours in which Code Enforcement officials are not available is that officers currently have no independent way of knowing whether an individual does or does not have a permit to remove a tree, we have asked the City Attorney’s Office to work with the Code Enforcement Unit to change the Municipal Code ordinance so that a person will be required to have a copy of a permit in hand during the process of cutting a tree.
This will enable officers responding to the scene to focus immediately on whether or not there is a valid permit to remove a tree.
We have also asked that the ordinance require that a local posting of the permit occur so that neighbors also would be able to know whether a valid permit is on file. Hence, officers responding to the scene, as well as neighbors already present, should be able to determine immediately whether or not a violation of the City’s code was in progress, and if so officers would be able to issue orders to halt the tree cutting and issue citations or make arrests, as necessary.
Up and until the time those changes are made to the Municipal Code and approved by the City Council, we have instructed officers who respond to these types of calls to verify if the people cutting a tree have a permit. If they do not have one in hand, officers will issue an order to cease cutting the tree(s) until we can conduct appropriate follow-up activity/investigation with Code Enforcement officials. It would be the failure to obey the order of the officer to cease cutting the tree(s) that would then subject the violator(s) to other enforcement action, such as the issuance of a criminal citation or arrest, should the person(s) choose to continue cutting the tree. A criminal citation may always be issued at a later time for the additional Municipal Code violation once it is determined that a violation of the permit ordinance has occurred.
As you are well aware based upon our discussions, the other dilemma we will still face is in getting staff to the scene of the incident as soon as possible in order to save the trees from getting cut in the first place. This is a dilemma we run into with all our calls for service, in that we try to do the very best job of prioritizing all the calls we receive at any given moment and then dispatching officers to the scene of a call as soon as possible. I know you are aware of the staffing issues SJPD is experiencing, along with all of the other City Departments. I also know you are aware that City management and the City’s elected officials are diligently striving to find ways to address these staffing issues. This is not an easy task.
In the meantime, please rest assured that we at SJPD remain committed to doing everything we can to be as responsive as we can to help address the problem of illegal tree removal throughout San Jose.
Warm regards,
Rob
Rob Davis
Chief of Police
San Jose, California
It’s insulting for J. Barnes to expect me to believe the Holts didn’t know they needed a permit. If course they knew and that’s why they found someone to come out on a Saturday morning. Finally, while Jamie Matthews may be “highly satisfied” that Barnes was not involved in the tree removal, I’m not and when I drive by Barnes’ “Thank you Willow Glen” sign every day, somehow I always read it as a snub* from J. Barnes, PMC Tree Service and the Holts.
*[WGx: This comment was edited in accordance with WGx comment policies.]
The City Council will consider a slight revision to the tree ordinance at its meeting this Tuesday, which would mandate that anyone removing a tree have the required permit in their possession and available for display.
The official proposal is consistent with Chief Davis’ request, and is available online for public review (PDF).
Now that trees in Willow Glen are big news, the big TV channels all carried updates of the City’s new ordinance, which will require anyone removing a tree to have the permit on hand at the time of demolition. … not that they made a huge effort to cover the story on their own … NBC-11 and ABC-7 just picked up the identical wire story from another source.
But CBS-5’s Len Ramirez did write an original report on the story, and his “live report” was thorough and well-balanced. It’s available for viewing right now …
[...] Trees in their yards, but you can’t talk about trees in San Jose without referencing the illegal sycamore cutting in WG this past [...]
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