Neighbor's involvement saves a tree

By Rosanna Herber
Viewpoint Staff Writer

Kathi Kline never thought of herself as a neighborhood activist. But when she saw a sign posted on the majestic heritage tree next door to her home on Franklin Boulevard and also received a letter from the city stating the lot owner requested a permit to remove the tree, she knew she had to do something.

"I was very concerned, but I didn't know what to do," said Kathi. "I started calling everyone I could think of…the Tree Foundation, the Sierra Club, even the ACLU."

All the agencies sympathized, she said, but couldn't provide help. The tree was in good health and provided considerable charm to the block. It made no sense to Kathi that anyone would want to develop the lot and not integrate the tree into the design of the new condominiums being proposed.

It then occurred to Kathi that maybe her neighborhood association could help and she called SCNA.

SCNA's Neighborhood Concerns Committee checked out the tree and shared Kathi's concern. In fact, some members of the committee had already noticed that heritage trees, which appeared to be healthy, were disappearing from the neighborhood.

The Neighborhood Concerns Committee encouraged Kathi to involve other neighbors in saving the tree and recommended that the SCNA Board send a letter to the city of Sacramento stating their opposition to removing the tree.

In response, Kathi developed a homemade petition and walked door to door. "I thought if I feel this way, hopefully others will too," she said. Kathi successfully gathered 60 signatures and also called the offices of the Mayor Heather Fargo and Council Member Lauren Hammond to seek their involvement.

When the public hearing on whether a permit should be granted to remove the tree was held, Kathi and other neighbors testified.

"I had no idea what to expect," said Kathi. "I'm not a public speaker, but I knew I had to get up there and say something. I had the support of wonderful neighbors and the Neighborhood Concerns Committee," said Kline. "I also got a phone call from Council Member Hammond's office before the hearing saying she would oppose the tree removal. Everyone's support gave me the courage I needed to speak at the hearing."

The hearing lasted for over an hour. The city administrator heard from the lot owner, who requested the tree be removed because of potential damage to sewer and water lines. He also cited his belief that recovering his economic investment would be difficult because the tree took up so much space.

Neighbors, on the other hand, asked the city to save the tree because it was healthy and contributed significantly to the beauty of the neighborhood. Neighbors also suggested that incorporating the tree into the proposed development would increase the value of the lot. The Urban Tree Division provided a report indicating the tree was healthy and strategies were available to minimize the impact the tree might have on sewer and water lines.

About three weeks later, Kathi received a letter from the city indicating the permit to remove the tree was denied, and the lot owner did not appeal the decision. She could relax. The tree was saved. Kathi felt proud of her role as a neighborhood activist in taking a stand to save the tree demolition.

"The people were heard," said Kathi. "It was definitely worth the effort. It made me feel the system can work. Speak your voice and get others to join you."

"I'm so grateful to the Neighborhood Concerns Committee for their willingness to write a letter about the tree and give guidance on what to do," Kathi added smiling. "The neighborhood association is a wonderful force."

SCNA meets with city staff to discuss heritage tree ordinance

By Rosanna Herber
Viewpoint Staff Writer

While the Neighborhood Concerns Committee was happy to learn a heritage tree had been saved from removal due to their involvement and that of other neighbors, committee members remained concerned about other seemingly healthy heritage trees in the neighborhood being removed.
In an effort to better understand the process for removing heritage trees, the committee invited Joe Benassini, director of the city's Urban Forest Division, to speak at their monthly meeting in March. Benassini gave an overview of the Heritage Tree Ordinance and how the city is applying the ordinance.
After a few questions, it was clear that city staff does not always hold a hearing to remove a heritage tree. In some instances, city staff decides the tree no longer fits the definition of a heritage tree if a city arborist reports that the tree is not healthy, that the roots are causing significant structural damage, or that the tree is posing a health hazard or danger.
Neighborhood Concerns Committee members questioned whether city staff is following the language of the ordinance, which states that any heritage tree cannot be removed without a public hearing.
"The way I read the ordinance, the tree and whether it is a heritage tree must be determined at a hearing, not just by city staff," said Dan Murphy, SCNA president.
In response, Benassini said the process used by the city meets the intent of the ordinance. "Unfortunately, there is no list of heritage trees in the city. If the tree is in good health and meets the circumference measurements, it is protected."
Committee members present at the meeting agreed to disagree with Benassini. In response, Benassini offered to have the city attorney review the ordinance language and give an opinion on when a hearing should be required.
"The City would have to hire two full time positions in order to hold a hearing every time a heritage tree is being removed from its heritage status," said Benassini. "We honestly don't have the budget for that."
Benassini was also asked if the city requires some type of formal report to indicate the heritage tree is in bad health or so close to a home that it is causing structural damage. Benassini said that the city requires a report from a structural engineer for any claims that a tree is causing structural damage to a house.
"We make the homeowner remediate any problem they can without removing the tree," said Benassini, who also agreed it might be time to revisit and update the Heritage Tree Ordinance. "Does the ordinance reflect the needs of the city today?" he asked. "Maybe the ordinance needs to be updated or clarified to better serve the needs of the public."
Benassini indicated that the 2007-2008 budget includes an allocation to develop a public process around reviewing the ordinance.
After Benassini's presentation, SCNA's Neighborhood Concerns Committee voted to send a formal letter to the Urban Forest Division stating their concerns that the ordinance doesn't provide for the current approach used by city staff in determining whether hearing is necessary for a heritage tree. The letter asks that the city change the ordinance or direct the Urban Forest Division to follow the policy stated in the ordinance.
Viewpoint will provide an update once the city responds to the letter.

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