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City council considers large fines in updating tree policy

By Eli Segall

Following widespread anger over the illegal removal of three sycamore trees in Willow Glen, the city of San Jose is discussing an overhaul of its tree preservation policies.

Proposals include raising fines for illegal removals, up to $2,000 for each year a tree's age; taking an inventory of all trees within city limits; increasing staff in the city arborist's office; and improving public education about San Jose's urban forest.

City officials also pushed for stricter enforcement of existing tree-replacement policies and the potential revocation of contractor licenses for illegal tree removals.

Scheduled for discussion at the Feb. 13 council session is requiring a contractor or homeowner to have a tree-removal permit on site.

Vice Mayor Dave Cortese proposed these changes, which were discussed during a Feb. 6 San Jose City Council meeting.

"It's time for this issue to come to light," Councilwoman Nora Campos said.

Resident Larry Ames was one of several individuals who told the council, "Thank you for your fast response to this."

Ames lives across the street from the downed sycamores and tried frantically to halt the cutting on Jan. 13.

Property owners Todd and Anita Holt never secured a permit for the tree removals, and San Jose police officers at the scene refused to intervene.

The incident is not the only reason for the overhaul. Over the past year, the city has cut down protected heritage trees in the Evergreen neighborhood without public notice or outreach, said Cortese, who represents the Evergreen area.

Discussions to change the ordinance began six months ago, but the recent incident brought a sense of urgency to the issue, he said.

"We had a crisis on our hands in Willow Glen," Cortese said. "so we just expanded the scope and accelerated the process a bit."

Overhauling the ordinance is long overdue, said Rhonda Berry, executive director of Our City Forest, a San Jose-based tree advocacy group. Last May the city council approved an increase in fines for illegal tree removals; it did not, however, address other tree preservation laws.

Such areas include the permitting process, protecting trees near construction sites and policy enforcement, all of which are now under review.

"Willow Glen was a wake-up call to city leadership that we need to do more," Berry said. "This recommendation will look at the bigger picture and hopefully find a solution."

One problem, she said, is a lack of communication between city agencies responsible for tree regulations. Code enforcement for privately owned trees is in the planning department. City trees are the responsibility of the department of transportation.

City officials realize they are under scrutiny and are working to make changes, said city arborist Ralph Mize. Plans include meeting on a regularly scheduled basis, rather than a case-by-case basis.

The city will also bring back its Saturday code enforcement inspector shift, a pilot program that ended in December after months of inactivity. The need for a weekend inspector became apparent in Willow Glen when residents tried calling the code enforcement hotline on a Saturday and no one was in the office.

The inspector will work from 8 a.m. to 5 p.m. and respond to and investigate illegal tree removals in progress, code enforcement administrator Jamie Matthews wrote in an email. However, he cautioned that some removals can never be stopped

The council referred oversight of the proposed preservation changes to the Transportation and Environment Committee, which is headed up by City Councilman Forrest Williams.