December 4, 2002     Saratoga, California Since 1955
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Saratoga has tree troubles that council wants studied
By Linh Tat
Finding the existing tree ordinance "lacking in definition," the city's community development staff proposed a major update and amendment to the Saratoga Code, but council members not ready to sign off on the amendment at their Nov. 20 meeting instead called for an ad hoc committee to study the issue.

Since the council will reorganize itself Dec. 10, council members decided they would wait until after that date to form the ad hoc committee, which means a meeting with the community development staff probably won't occur until after the holidays.

Over the past six months, the city has seen approximately a half- dozen violations due to existing regulations not being clearly defined, according to Tom Sullivan, community development director. This problem prompted the department to revamp the tree regulations. In October, the planning commission adopted a resolution recommending the council amend the ordinance.

Approving the proposed amendment would expand the existing ordinance from four definitions to 22. Among a host of other changes, it would also redirect where and how tree sizes are measured from 2 feet to 41/2 feet above the ground; establish a notice requirement for those applying for a tree removal permit; require a permit when pruning more than 20 percent of a tree's crown in any year except for agricultural trees; establish authority to require an arborist report and mandate the submission of a tree preservation plan for development projects; establish a tree fund separate from the city's general fund; and increase a violation of the ordinance from an infraction to a misdemeanor unless a judge or city attorney decides to reduce or dismiss the charge.

Even with the provision that a misdemeanor can be reduced, one resident is still worried that someone who did not fully understand all the rules of what he called a "fairly complex" ordinance would be slapped with a criminal offense.

"I am afraid that I may inadvertently violate this ordinance," said Hugh Wright, a Saratoga resident who suggested to the council that a violation of the ordinance be reduced from a criminal to civil offense. After him, three other residents spoke in favor of the proposed revisions.

Meanwhile, Mayor Nick Streit noted that he could not fully support the revisions. Should common citizens elect to prune a tree themselves because they could not afford to hire a contractor, he said, he did not want to see those individuals end up with a misdemeanor on their record because they did not understand all the regulations.

In response to this and earlier concerns over the proposed revisions, Sullivan assured the council that "the purpose of the ordinance is not to make it more onerous." Rather, the revisions will help clarify the existing ordinance, which in effect will reduce the number of violations brought before the city attorney, he said.

Speaking for himself and those working on the revisions with him, Sullivan later said, "none of us want to be tree police."

Before discussion ended, Councilman Stan Bogosian asked for proof that pruning is of such a problem in Saratoga that it would warrant the proposed regulation. He also requested a report on how other cities have addressed the pruning issue.

While the majority of council members took issue with the proposed revisions, Councilman John Mehaffey was generally comfortable with the proposal as it stands.

"What I see here, it's got a lot of good," he said. "This is a wonderful step in the right direction. I don't want to see this watered down too much."

Sullivan said after the meeting that he isn't surprised the council called for an ad hoc committee, since the proposed revisions constitute a "bold step." He nonetheless maintained his position that revisions are necessary.

"Just the simple clarity will help reduce the number of times there are violations," he said.

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