i will now call to order the uh december wednesday december 10th meeting of the uh

city of mountain views parks and recreation and urban forestry board um allison can you please

conduct our roll call commissioner bryant yes commissioner felios here commissioner summer

here vice chair mitchner here and chair davis is absent

it all right we'll now move on to approval of the minutes um just first amongst our commissioners are

there any questions about the minutes or is there any public comment on the minutes

these would be the minutes from our november 17th meeting nothing online okay i'll entertain a motion

to approve the minutes. So moved. Sorry. Motion and a second. Let's conduct our vote.

Okay. Commissioner Bryant. Yes. Commissioner Felios. Yes. Commissioner Sommer. Yes. And

Vice Chair Michener. Yes. All right. We'll now move on to oral communications from the public.

this portion of the meeting is reserved for people wishing to address the commission on any matter

not on the agenda so not the two heritage tree appeals that we'll be hearing speakers are limited

to three minutes and state law prohibits the commission from acting on non-agenda items

if anyone in attendance would like to provide public comment please also fill out a blue card

Is there anybody in the room who would like to?

No public comment there.

Allison, is there anybody online?

No.

Right.

We'll close public comment and move on to new business.

Tonight we have two heritage tree appeals.

And I'm going to start off by introducing our two city attorneys that are going to be with us tonight.

and i may introduce you again after before the second appeal just in case somebody's not listening

yet um assistant city attorney diana fazelli will be representing city staff and senior assistant

city attorney dave wilgus will be representing the urban forestry board for the procedures that we're

going through um just to our first uh 5.1 is a heritage tree removal application at 3440 truman

avenue and i'm just going to run through the quick uh process that i will be following for this appeal

um we will first have a staff report um then following that the appellant uh

we'll have 10 minutes to speak.

And in that, since the appellant is not the original applicant,

if the original applicant and the appellant agree,

the original applicant can use some of that 10 minutes

for comments of their own if they choose.

Following that, the commission will be able to ask any questions that we have.

Then there will be public comments.

and then after that staff will have an additional two minutes for any closing comments and then the

appellant will have two minutes again and again they can allocate some of that time to the

to the applicant if they would like following that the prc will be make will deliberate and

make any motion that is appropriate so let's start off with our staff report we have urban forestry

manager russell hansen who will be making that report thank you commissioner let me get that

presentation up here

there it goes okay so again thank you commissioner um russell hansen urban forest

manager for community services here to talk about the appeal of uh to me at 3440 truman avenue

the tree in question is a pinus radiata or monterey pine approximately 20 inches in diameter

when measured at 54 inches above grade and we considered the tree to be both in fair health as

well as fair structure at a minimum the applicant had listed uh six criteria on the application

First was tree is in poor health.

Second, tree is in danger of falling.

Tree is near the end of its lifespan.

Tree does not have proper growth space.

Tree is interfering with utility service.

And the tree is growing in close proximity to structures and causing damage or will in the near future.

So those were the criteria that we were evaluating the tree on.

Additionally, the property owner had provided some comments about the roots having damaged the existing driveway.

They talked of the tree roots posing a risk of significantly damaging a new driveway, as well as the proposed house plan, as they would be closer to the tree.

The seat or sap from the tree makes the driveway completely unusable for any car parked on the driveway gets sap from the tree, which doesn't even get cleaned by a car wash.

On the road outside, our home parking is not allowed, outside of our home, parking is not allowed, and it is creating a lot of challenges.

In addition, they had mentioned their two-year-old child has severe skin allergies, and that they were concerned that the sap falling from the tree had led to allergic reaction on their child.

um when we look at the tree itself um there is a burl on the west side of the tree approximately

a foot and a half two foot tall and equivalent kind of around the trunk really only goes around

kind of that half of the trunk um as you can see on the photograph to the right that's on the east

side of the tree where there is no burl present um and then the photograph uh as well kind of

demonstrates the damage that's occurring to the driveway. It was a brick paved driveway initially.

Next photograph on the left shows the tree and their proximity to the driveway as it existed.

And then on the right hand side, we will just comment on the fact that the overall canopy was

fair, but there were some end weight issues that red and yellow arrow up in the top right there,

you can see a couple of branches kind of elongating a little bit past the normal spread of the canopy

that could be addressed. And then as well, that lower arrow is kind of pointing. It's real

difficult to get a picture of it. I did my best for you, but ultimately there was an incense cedar

that was also kind of in that same planting area, just a little bit closer to the street

that had shaded that portion of the tree. So about the lower half of that canopy on the east side

is somewhat thin or non-existent in some cases. But in general, again, we felt it was fair.

The plans that were submitted, here's a copy of the plans that they had submitted.

As you can see, the tree is still going to be in close proximity to that driveway, kind of designated by the red and yellow arrow again.

But the home, we felt both of those were set back far enough that ultimately they did not present too big of a challenge to preserving the tree.

So bottom line for us was is that we did not find that the condition of the tree required its removal as at least the health and structure were fair.

There was no evidence of structural issues, pest disease or prior lymphares or other nuisance damage or interference issues that couldn't be addressed through corrective pruning or other means.

Staff's evaluation also found that the tree did not meet the removal of heritage tree was necessary to in order to construct improvements, because the impacts were expected to be minimal and construction repair of the driveway should be able to or will be able to utilize the existing compacted base material without significant excavation that would injure additional roots.

the third finding was that the shape and structure of the canopy was at least fair

and it provided and the tree provided value to the benefit and benefit to the neighborhood

and then lastly staff's evaluation of the tree did not find that should be removed due to good

forestry practices and no facts supported the removal were provided or observed so the only

other comment i would make that i don't necessarily address in this presentation

is the owner did provide some additional information regarding their child's allergies.

Unfortunately, we did not feel that it was sufficient to actually justify the removal.

But because of, you know, protective rights or otherwise, we didn't necessarily share that this evening.

Thank you.

We'll now move on to the appellant who will have 10 minutes.

I have the appellant as, and correct me if I pronounce your name incorrectly,

Preetvi Raj.

Is that

I see your hand raised.

Allison will

Yeah, that's good.

Great. And then also

Preetvi, I don't know whether

the owner, I guess it was Richard,

or I'm sorry, the

applicant, original applicant was a Richard

Nutey, and I don't know if

he is going to speak tonight

but it's your option to allow him to have some of your time if you choose.

But he's not here.

It's really just me.

Okay.

Go ahead.

And Allison typically gives us a one-minute warning,

and I'm not exactly sure how she'll do that.

Anyway.

All right.

Go ahead, Prithvi.

Yeah.

Thank you for giving us this time to bring this matter to your attention.

So first of all, I'll start with I really value these trees.

I come from a family of farmers, and I chose even this property.

It has so many trees in the backyard.

We really like it.

The reason I had to request for considering this tree to be removed started with the real problem of the allergy with my child.

she's two year old and every time she played in that area we i provided proof of multiple

correlations of where she was playing in that area on the driveway and see getting up multiple

flare-ups for her eczema allergy we did get the allergy tested as well with the doctors and at

At this age, they test with only specific set of allergic reactions.

And based on that, the recommendation from doctor was try avoiding any contact of such things.

If you are seeing a correlation, I will recommend avoid their contact with those for the kids contact with those trees.

So that are my first and primary concern that we want this tree to be removed from our property.

Any additional proof is needed from that angle.

I am happy to work on that with the department and provide if anything else need to make to the right decision.

But I do not want to take any risk that it can cause to my child's health.

And that's my first primary concern.

The second concern that I tried to bring up in my appeal was related to we are building this home with an EDU and driveways and designated parking spot.

because there is a high school in front of the house.

There is no parking allowed on the street.

The only place to park is the driveway.

And in the current shape, the way the tree is,

this practically, if you leave the park there for more than a couple of hours,

it's so difficult to clean that car every day.

Even you need a hard escaping of that sap out of it.

So it's practically an unusable way to use that driveway.

Right now, even when we are using this driveway, we are using the complete other half of the driveway to park the cars.

But still, it happens once in at least every week or twice.

So from that angle, also, this is a problem.

We try to work our best to avoid that.

We requested for a circular driveway.

So we get some other space on the other side, far away from the tree to use for parking.

But the city has declined the circular driveway option as well.

So we don't have that option either on the table.

I even tried working with our architect to see if we can move the driveway completely on the other side by changing the entire orientation of the home.

There are multiple challenges with that.

It even impacts more trees on the other side of the house there.

And it brings the two-story house more closer to the other neighboring two-story house.

So there are practically no way I had to move this driveway away from here so that we can somehow find a way to keep this tree.

So, I will say overall, and I don't know, I'm not an expert on the aspect of structural

part. I don't know. This tree has damaged the current driveway. At multiple places on

the driveway, the roots has damaged the current one. I am concerned even the new driveway

that we are going to build, will this tree damage that new driveway. And the house is

moving around seven feet forward from the current house. So, it is going to be more

closer to this house not necessarily like i think there will be still around four feet space but it

is pretty more closer than the current one i don't know how much damage it may cause to the house

in future and i don't want to take any of the risk to my property caused by this further growth or

the roots of this house all i want to request here is safety for my kid i want to avoid any

of the health issues happening to the kid and I'm willing to replant as many number of trees needed

to provide compensate for this. Because I personally like trees on my property and will

be happy to help with all of that but I don't want to go with that risk with my kid. That's

my primary basis for the Supreme. Okay are you are you done? Yeah that's my main point yeah I think

again you'll have another you'll have another chance at the end um let's see are there any uh

questions at this point uh from commissioners either of the staff or um the uh appellant

Russell if you can go back to the picture where the latest one you took that was on

the slideshow or presentation excuse me that had the construction fence around it

two seconds pulling it up for you thanks

that one to the right yeah that's the one um when i went to see it this past weekend

it's too much like this with the fence around it but i also walked on each side like so i was on

the north side and when i looked at the tree from the north side and actually took a picture on my

phone there's no canopy on one they're very little canopy i'm assuming because of the other tree that

was in front of it this one grew without much canopy on one side and i was concerned whether

uh between and the tree does look a little bit dry right now as well which would be understandable

with all the construction equipment around it and such um but i'm wondering is the tree going to be

unbalanced from now on because it is already you know 50 feet or whatever it is where it will not

fill out and thus become a wind issue problem, you know, from the,

from the East or whatever, or will those branches ever grow back

and thus create a very healthy canopy as opposed to what I think we're seeing

right now?

Sure. So yes, absolutely.

I would say that void in the canopy is directly related to that other tree

that was closer.

There was an incense cedar that was out closer to the street that we did

approve. It's probably 50% or more dead.

So that was the reason for the approval on that one. As far as this tree itself,

Monterey pines are a particular species that would be very slow to put out new growth in that area,

especially one that's as mature as this. If it were a little bit younger, more vigorous,

that sort of a thing, it might do it a little bit quicker. But in this case, it's likely to be slow

to do that, if at all. Part of the challenge is these Monterey pines have a predator in the area

and we're seeing them frequently become infested with either red turpentine beetles or other pine

bark beetles that ultimately shorten their lifespan. Once those attack the tree, it typically

is only three to five years before the tree declines and is mostly, if not completely dead.

And so that's kind of the challenge here is that I can't tell you that it'll ever grow because I know we have these other pests or otherwise.

But if allowed to grow for the next 30 to 50 years, if it stays healthy or otherwise, yes, it might fill that area in.

In terms of the unbalanced canopy, yes, it does affect the overall structure of the tree.

when trees grow in a specific manner when they're competing with each other and they actually create

that kind of empty area because of competition they tend to lay other reactionary wood they

tend to spread their branches kind of adapting to that so when you take that away yes there is

an increased potential for limb failure whole tree failure or otherwise in terms of that

I'll say we're somewhat fortunate that most of our storms approach either in a north-south or a

south-north so by having that void on the east side of the tree it's not going to be I'll say

as impactful because the tree's used to those winds blowing it in the north and south direction

and it's likely formed reactionary wood or otherwise to adapt to that so I don't think

it is a major concern any additional root pruning any other things that are done as a part of the

construction absolutely could also influence that. So I can't promise you that it's not going

to impact it or that we're not going to get some limb failures or otherwise, but we do not feel

that it is likely. A follow-up question, not regarding the burrow. I've never seen one before.

Can you explain, is that a sore or is that just a growth or is it? They're caused by different

reasons, but ultimately, yes, it is just something that there's typically a bacteria sometimes. I

shouldn't say typically. Sometimes there's a bacteria, sometimes there's other causes,

but it's just kind of the tree's natural response. Similar to how we get moles or otherwise,

the trees will produce these burls because of, I don't want to say a defect in the DNA or otherwise,

because it is impacted by bacterias or otherwise, but it's just kind of that natural physiological

process that trees will sometimes do this. Typically not too problematic for the tree.

doesn't really create a structural weakness or otherwise.

And in this case, the majority of that burl is actually outside of what we would consider the main stem.

So do you feel like most of that is still, in fact, in structure?

Thank you.

Any other questions?

I have a question.

Do we know whether the existing driveway, the brick driveway, is slated to be replaced as part of the new construction?

I believe it is slated to be replaced, yes.

And I think current pictures, when we took this picture, I believe some of the driveway may have already been removed.

The appellant has their hand up. Can we let them?

Sure.

Okay.

Yeah, so I can confirm that the driveway will be rebuilt as part of the new construction.

But one question I have also related to the concern raised regarding the canopy shape and the storm.

So the canopy shape is more heavier towards the house.

So does it mean the risk of it falling is more towards the house?

Is your question, is there more risk of it falling towards the house?

Yeah, because that's where the canopy is higher.

I just wasn't trying to understand here.

It really is difficult to say.

There is more weight on that side of the tree.

So should it become unstable or otherwise,

there absolutely is the potential that it would fall that way

more than the side that has less weight or more canopy.

But there's a lot of other factors that would have to influence that.

I would also add the feeling or our opinion is that ultimately some of that risk could be addressed

by some additional end weight pruning on that side of the tree to kind of balance it back.

Great. Are there other questions?

So I just had a couple.

you said this quickly and I apologize yeah I'm the reports you know suggest that the existing

pavers allow for lifting and they could be repaired um if that were to happen either to the

existing pavers or the new driveway how how is that actually done and would the root potentially

need to be shaved a little bit or something like that if it's close to the surface and

Sure. So absolutely. That is one of the benefits of using a paver style system is that typically, depending on if they're grouted in place or not, most of the permeable pavers would not be grouted in place.

But what you're able to do is even if they're grouted, you can remove the grout from around the brick. You can pull these individual bricks to fix the area that is lifted.

And then, yes, you would dig back down, level it out if you find roots or otherwise that you want to cut to prevent them from continuing to grow, etc.

You would do that. You would reinstall kind of that base material for that little section only and then reset the bricks into that or the pavers back into that area.

So it's just it's more of a I'll say a modular type system versus having to do whole 10 by 10 slabs or otherwise.

I have a couple of questions for the appellant.

And I apologize, I didn't look at the street signs.

The forms indicate that and you indicate you can't park on the street, but several of the photos actually show cars parked on the street.

And I didn't look at the signage. Is the street parking always prohibited or is it only during certain hours when school's in session?

It's prohibited during the school time.

Okay. And then my other question is just that the application checked the boxes stating that the tree is in poor health and in danger of falling.

And I was wondering what led you to believe that?

I think that is something I will need Richard's help.

He is my contractor who did the application.

But I think our primary concern was on the issues that I raised, not about the tree's health.

And I think the only possible thing I can think about related to tree would be the blur that we are seeing on the tree.

But at least I personally don't see any issues with the tree health.

Okay. Thank you.

But I want to mention that there is one other small tree, persimmon tree, which growth of that is definitely hindered because of this tree.

Okay.

All right. If there's no further questions, we'll open it up for public comment.

some further. Just one question I wanted to ask, like in the discussion, we did not talk about

the concern that I raised related to the health for my kid at all. I just want to understand if

that is being considered as part of making this decision. Yes, in terms of staff in considering

that, that was considered. Unfortunately, the information that was provided was not,

I'll say specific enough. It did not call out a specific allergy to the pine. We absolutely

understood the reactions, the things that you're talking about that occurred. We absolutely believe

you in that regard. But in terms of actually having evidence of that, we just didn't feel

like what was provided was sufficient. You mentioned additional testing or otherwise.

If you have additional information, you want to bring it back to us at a later time. It's

absolutely something that we could reconsider this application sooner than the two-year typical

moratorium if you provide that evidence all right uh now we'll open it for public comment are there

oh i think anybody in the room wants to comment allison is there anybody online who wishes to

comment no all right i'll close public comment and turn it back to staff for two minutes uh for

any additional comments that you might have no real comments again this was another one that

was kind of challenging especially given the considerations for the child and the potential

allergies etc unfortunately just everything that we looked at we felt like could be addressed

except for that and we really couldn't kind of i'll say connect the dots on that one and so that

was the reason that we chose to to deny the removal okay and i'll turn it back to the appellant

Parithvi, if you have two more minutes for anything else that you'd like to add.

I think I'll just summarize the same, but my primary concern is my child health and I don't

want to take any risk with it. So I will request this board to do the right thing to keep our kids

protected. And I'm happy to provide if anything else needed to help that with the right decision

and any replanting and all we can do to compensate for it.

But I really do not want to take any risk, health for my child at all.

And because everything else I can understand and could be addressed and managed

related to parking challenges and all those are real challenges, which cause a lot of

problem for us, but I can take the effort and additional risk needed to address those.

but the one that I cannot really take on or accept is taking any risk with my child's health.

Thank you.

All right.

We'll now bring it back to the commission for comments and at some point of motion,

one way or another.

Anybody want to start?

I'm ready. I'm ready to start. So I have every sympathy for the concerns about the child's

allergies. I hear you loud and clear. As a board where we're, our job is to try to protect

heritage trees and this is a 15 year old tree and a native tree tree that can grow and looks

looks quite decent from what I could see through the fence.

So I think staff has done an analysis and didn't find that there were the criteria for

taking out tree.

I feel very comfortable with what Brussels said about if there is clear information linking

the child's allergies to the trees, then that is another matter.

But if we don't have clear understanding or evidence of that right now, I am comfortable

accepting staffs uh staff's determination supporting that with the understanding that if

more information comes up about the connection between the allergies and the tree then that needs

to be presented okay thank you next anyway sure i'll go next i i find myself agreeing with

commissioner bryant um it's very unfortunate that um the health related documentation doesn't show

the clear link because that would have made um you know matter of fairly clear cut and i think maybe

um that we wouldn't need to be hearing this at this time but um with that in the absence of that

you know thumbs up from staff that they have provided documentation i feel that

we should probably retain the tree element so i feel like i'm going to support staff's decision

i i can't i would agree completely with my colleagues uh with regards to you know further

documentation might prove a different decision and certainly i would uh i i think that uh

Russell has expressed, you know, with regards to the health of the tree, trimming it back, things can be mitigated other than the, again, the health of the child, which I feel very bad about.

But perhaps further information might lead to a different decision.

But where the criteria that we're bound to with regards to protecting heritage trees, I don't I don't think we have anything there right now that that would over override what the staff report says.

And I guess, you know, I'm probably going to be similar.

You know, I think the tree is pretty healthy.

It's on the far right side of the lot.

just a few feet away from the side fence.

So it shouldn't be involved with the structure of the new home.

I also saw, you know, that there were a couple of branches overhanging the neighbor's side,

which I think could, some pruning of end weight could help.

Like everyone else, you know, I feel for your young child who may have an allergy

that's triggered by a tree sap.

But unfortunately, as others have mentioned,

with what we know right now,

there's just not sufficient cause

to remove a healthy and mature tree.

I'll also acknowledge that in my own experience,

tree sap on a car, I think,

is actually a bigger nuisance

and more difficult to remove

than might be implied in the report.

but again that's that also is not a criteria for some removal of the heritage tree um so in this

case um i don't feel that the removal criteria have been met so i'll be siding with denying the

appeal and upholding the staff decision to deny removal of this tree

So somebody would like to make a motion.

So I'll make a motion, but I'd like to ask that first, whether something needs to be

added to the motion to make it clear that if information comes up about the contact

between allergies and the tree, that that will not make it necessary to wait to do the

to use for a new request?

I think it's already in the code that if there's changes, circumstances, that they

could re-apply, so I don't think it's necessary.

Okay, very good, thank you.

In that case, I'll make a motion that we adopt a resolution of the Urban Forestry Board

of the City of Montague to deny the appeal, uphold staff's decision, and deny the removal

one heritage tree at 3440 Truman avenue to be read in title only for the reading way section one to

the memorial second path here we have a note that this was the item that the the amended resolute

resolution was provided by staff to just fix some formatting so i could review that and i felt like

thank you all right we have a motion and a second uh any comments before we go to a vote

all right allison pull us please commissioner bryant yes commissioner felios yes commissioner

SUMMER. AND VICE CHAIR MITCHNER. YES.

OKAY. THANK YOU FOR EVERYONE WHO PARTICIPATED IN THAT. AND WE'LL SEE WHAT THE FUTURE BRINGS ON

THAT PARTICULAR TREE. ALL RIGHT. WE WILL NOW MOVE ON TO OUR SECOND HERITAGE TREE APPEAL OF THE

evening this is at 2415 benjamin drive and uh just in case we have i i don't see the appellate

in the room here um but just in case they're online i want to quickly reintroduce our uh

two two attorneys uh from the city who are here um assistant city attorney diana fazelli

will be representing city staff and senior assistant city attorney dave wilgus will be

representing the urban forestry board i will also quickly uh again since i don't know who joined in

and when uh go through the the uh process uh for this appeal there's there's nobody online just

just okay i guess that helps all right um if they if someone joins in then we'll uh then we'll see

uh okay um so we will then well let me just do it real quickly for the record so somebody's

listening later on um we'll have a staff report the appellant would have 10 minutes to uh to uh

SPEAK OF WHICH TIME A SUBSE OF THAT COULD BE ALLOCATED TO THE ORIGINAL APPLICANT IF THE APPELLANT

SO CHOOSES. THERE WILL BE QUESTIONS FROM THE COMMISSION, PUBLIC COMMENT, AND STAFF WILL HAVE

AN ADDITIONAL TWO MINUTES, THE APPELLANT WILL HAVE AN ADDITIONAL TWO MINUTES, AND THEN THE PRC

WILL DELIBERATE. SO WE WILL NOW MOVE ON TO THE STAFF REPORT. AGAIN, WE HAVE URBAN FORESTRIE

manager russell hanson giving that report again thank you commissioners uh russell hanson urban

forest manager with community services to present this evening on the 2415 benjamin drive heritage

tree appeal the tree that we are dealing with at this location is one podocarpus graciliar otherwise

known as a fern pine that has 22 inches or approximately 22 inches in diameter when measured

at 54 inches above grade our opinion was the tree was in good health and had fair structure

the applicant on their application had listed that the tree was in good or fair health

but that it did not appear to have proper growth space they were also concerned about the tree

interfering with utility services electric gas sewer water lines and in particular gas lines in

this case and then also that the tree is going growing in close proximity to the structures

and causing damage or will do so in the future so again when we look at the tree itself uh overall

canopy of this tree we felt was uh or overall health of the canopy was and structure was good

i'll get that right yet sorry about that um and then as well um on the right hand picture there

you can see kind of a close-up of the main trunk that shows you the structure of the tree

and kind of the proximity to the roof eaves in both cases it is less than two feet and it

may even be as close as six to eight inches in terms of the property owner residence

itself but was not in contact the distance of the tree to the neighbor's garage is approximately 43

inches i want to note that that was a mistake in the staff memo we had a typo that said feet

when it should have said inches but it is 43 inches from the garage as we measured it

you can also see in that picture on the left that there's a little red dot where the root flare

starts that is the approximate location of the gas line that's provided by PG&E

they did not provide depth of pipe and ultimately when we look at gas lines it's our opinion based

on experience that those lines are much more flexible because of their typical construction

with polyethylene tubes or otherwise as well as when they're typically installed they're

at least 24 usually more than that up to 36 inches in depth and so they are also very very

low pressure less than two pounds per square inch typically so even should those lines become

slightly compressed it really does not prohibit the flow of the gas through the line so um above

and beyond that the picture on the right you can see that is the gas meter that is against the

neighbor's house that's behind the fence there um again slightly offset for where the tree is marked

if you compare the two photographs with the gas line the tree being a little bit further from the

home quite possible again we don't know we're trusting the pg any markings on this one because

we didn't have any potholing or otherwise done but it's common that those lines don't just run

directly to the street so we have every faith that that line typically or probably is underneath that

tree at some point this photograph here is a that shows the distance to the property owner's home

as measured that's approximately 50 inches so ultimately on this one we did not find that the

the condition of the tree required its removal because it's in general good health and structure

has no evidence of nuisance damage or interference issues that can't be addressed with corrective

pruning or other means. We did not find that removal of the heritage tree was necessary to

construct improvements as there were no improvements proposed. We did not feel that the health and

structure of the canopy is good and it provides benefit and value to the neighborhood.

so we did not feel it about that criteria and then finally it did not did not find that the

tree should be removed due to good forestry practices as no facts we felt no facts supported

that criteria thank you all right I will check again to see whether the appellant

um jill gordon i believe is the appellant uh whether she is online or um there's still nobody

online okay all right i guess we just um so we'll we'll move past the appellant if the appellant

comes in late they'll have a two minute opportunity later on um any questions uh from the commissioners

on this i just had one how full grown is that tree well the owners have been pruning it to

kind of maintain clearance or otherwise um so size and maturity it's probably 60 percent

other questions would you expect that the root flare will increase as the tree grows absolutely

um the the trunk of the tree itself is approximately 22 inches or 21 inches

and so i would say it's common for those podocarpus to get upwards of 36 inches or

perhaps even slightly larger than that but everything experience and and research wise

has told us that as long as we have approximately a six by six area that is clear around that tree

that root flare is typically not going to go past that and so what's the distance between the two

buildings uh distance between the two buildings i couldn't tell you other than given the 43 inches

in the 50 it's going to be about 10 feet i'll say yeah i mean city setback is in so correct and this

tree is almost right on the property and it's a little bit more towards the property owner's side

setbacks should be five typically five and five for a total of ten yeah all right

thank you other questions

I'm sorry about a couple.

And then I actually had a couple for the app,

for the appellant that I might try to see if you answer.

So the first one, in a case like this,

and this is just for my general information,

and I probably should know,

where the neighbor is more impacted than the owner,

is the owner the only person who can initiate

a heritage chief removal application,

or could a neighbor initiate it?

well the tree would be the property of the property owner on where it's rooted right right

so it's it's their property the neighbor could not unilaterally just try to take out their neighbor

the other neighbor's property okay so the only recourse that this neighbor would have or any

neighbor who has is spending a lot of money on something they would have to flee to the owner of

the property to put in an application for a heritage treatment removal they couldn't

make their own application and okay interesting um so

there was a lot of stuff redacted in the in the receipts and i don't want to

get into too much that i don't want to ask about something that was redacted

um i did wonder whether the entire 59 000 was on that main sewer line or whether some of it was

related to the kitchen and laundry lines but we'll um skip past that there was there was an invoice

for some work in 2021 that was included in the um the backup to me that looked like it might have

been a house to property um sewer line clean out replacement are you able to you have any idea

what that that is my understanding yes okay is that basically they replaced the whole lateral

from the house to the main line right and so that would have been would that have been separate then

from or would it overlapped a little bit with the sewer work that they did it might have been a

separate yeah that that i can't speak to um then also i'll ask you this but again you might you

might not know um in the information uh for the work that ej plumbing did on the sewer line in

2024 um there was a 20-year warranty um do you know if that covers if tree roots intrude on the

same line that they i am not aware no nothing on the paperwork we had kind of talks about what the

details with that warranty were i think typically would a warranty ever cover something like that

couldn't tell you i don't know okay all right um that's it for questions are is there any public

comment um still still nobody online okay nobody here uh all right i will now go to staff um for

any additional comments that that you might have sure so thinking about it after i finished answering

your question about the warranty um i i would i'll say hazard to guess um that because the pipe was

was reconstructed with HDPE pipe, which is more of a solid fused pipe, far less opportunities

for intrusion or disjointment or anything else along those lines. And so it quite likely would

cover something like that. But again, I don't know. That really, that's the recommendation we

make when people reach out to us about trees intruding to sewers or otherwise is, you know,

look at pipe bursting, look at replacing it with an HDPE pipe or otherwise that will be solid,

that will prevent any further root intrusion um that's typically the better solution than just

removing the tree if it's possible and so that would be the only additional comment i would make

is that that that is the way that it was replaced so ultimately that's likely what's covered under

the warranty that i do not know okay thank you uh we'll take one more chance to see if our um

appellant is is here for their two minutes that they would have no okay um seeing that they're

not uh we'll now move on to uh deliberation among commissioners anybody whoever wants to

would like to start i find the tree to be very majestic in great shape adds to the neighborhood

But I think an asset to the neighborhood and the owner.

And I don't see it meeting any of the criteria to be removed of what we were bound by the conditions of the ordinance.

And so I can't see any reason really why this tree should be removed.

And I would support staff's decision.

I agree. The street itself is a beautiful street with lots of beautiful trees really

close to the houses as is this tree. So I can't, there doesn't seem to be a reason to

take out the tree. The criteria that we need to look at are not met. So I support staff's

decision.

um yes i generally agree with my fellow commissioners um it seems that the only

criteria for removal that is close to being met is the number one interference with utility

services however i think that the explanations that staff has given in relation to the sewer line

which was recently replaced and the gas line satisfies me that the the tree can remain without

creating future problems for the utility services so i think i'm going to support the

staff's decision and the denial of the appeal

and i guess uh for me you know again it's a really nice tree it's it's lush um it stands

out in the neighborhood um you know section 3235 uh specifies that a single removal criterion is

just a minimum and that additional criteria shall be considered with an emphasis on preserving

heritage trees um you know after reading the materials and visiting the site um like commissioner

summer the the one uh criterion for removal that i find partially satisfied is number one

as it relates to interference with utilities um and i'm i'm mindful that the appellant had to spend

fifty nine thousand dollars um to clear the the sewer line um and it wasn't even due to a tree on

on on their property um that's a high amount um and if the current conditions were to change and

someone faced that size financial hurdle again, I might feel differently at that time.

However, you know, I'm hopeful, as stated in the report, that the high-density polyethylene

style or the work that was done in 2024 will provide the necessary protection.

It may also come with a 20-year warranty, which we don't know for sure.

And then the staff report suggests that the PG&E natural gas line is also a line which creates a low likelihood that that line will be disrupted by tree roots.

So for me, in this case, the removal criteria are not sufficiently met under current conditions to allow for removal of the tree.

um so i will also be siding with denying the appeal and upholding the staff decision on on

this firm firm pine tree so with that um is there a motion does anybody want to make motion

i will uh i move that we adopt the resolution of the urban forestry board of the city of mountain

view to deny the appeal uphold staff's decision and deny the removal of one heritage tree at

2415 benjamin to do that in title only further further reading waived attachment one to the

memorandum contains the resolution and i'll second all right we have a motion and a second uh any

COMMENTS BEFORE WE VOTE? ALL RIGHT, ALLISON. COMMISSIONER BRIAN. YES. COMMISSIONER FELIOS. YES.

COMMISSIONER SUMMER. YES. VICE CHAIR MITCHNER. YES. AND CHAIR DAVIS IS ABSOLUTE.

OKAY. SIDE CARRIES. AND A SIDE NOTE TO CHAIR DAVIS, IF YOU'RE WATCHING THIS, NOTE THE TIME.

all right um i'll now move on to uh

item six uh commission and staff announcements and i'll take it turn it over to uh director

marchand all right last meeting of the calendar year uh and thank you to city attorney staff for

for being here.

Monday night was

our annual tree lighting.

Once again, huge crowd.

Staff did an amazing job.

This really is a cross-departmental,

cross-division

staffing to make it

all happen. This year we had additional

staff

from other divisions that we haven't had involved

in the event.

So all hands on deck and really

they all made it

a great event.

So really pleased with the turnout and the event.

I'd like to announce it was two years ago that we had proposed to hire a community services project coordinator.

And we've gone out a couple of times to fill that position.

And happy to say that we that position is now filled.

Gally Basson is our project coordinator.

Yeah. So she comes from Mid-Peninsula Regional Open Space District.

Great background, not only at MROSD, but other similar types of agencies.

So coming to us with a lot of great experience.

So really her job is going to be supporting us and working across departmental lines with Public Works.

so that we have a single point of contact to public work staff to really make sure that we, as the customer,

in this case, we are the customer to public works, that we're receiving the information that we need through Galley,

and then she's making sure that the public work staff is providing updates as necessary.

So this is week two.

Do you have anything else, Brenda?

No, we're just excited to have her.

um the salt marsh harvest mouse what's that ask her about this

uh and then it is next week that the city council will appoint a new commissioner um

idaho sylvester has been recommended through the council appointments committee so um

that is all i have right now other than a reminder that for january we meet uh

one week later than typical. So January 21st, we will be reviewing the next draft of the Biodiversity and Urban Forest Plan and discussing the election of officers.

February, we're back on regular schedule. We have two heritage tree appeals and a review of the trees at the public safety building project.

AND AS ADDITIONAL REMINDER WE HAD AGREED TO START MEETINGS AT 6 P.M. STARTING IN JANUARY SO

WE'LL BE UPDATING THAT TIME FRAME. CAN YOU JUST GIVE US A LITTLE ON THAT ON THAT YOU SAID

THAT IT'S THE BIODIVERSITY THAT'S COMING TO US IN JANUARY WHAT WHAT FORM DO YOU ANTICIPATE I

I mean, has that gone to?

It is not.

It'll come to you again, Chris.

Okay.

That was a question.

Yeah.

I heard you answered correctly.

Yeah.

It hasn't gone to council yet.

It's coming back to PRC.

Okay.

Great.

All right.

So before we end tonight, you know, tonight is the final meeting for

Steve Filios

who's completing his second stint on PR3.

The first one is either in the late 90s or the early 2000s,

I believe.

So this would give you probably 14

years.

So 14 years total.

You've been a really valuable member of our commission.

I'm personally really going to miss you.

I think that you're extremely balanced and pragmatic in your comments.

I think that lots of times you bring up fresh perspectives and thoughtful points that we hadn't considered.

I think that your background as a teacher and working in youth sports brings that perspective to our commission and our discussions.

And that's an important part on a lot of the topics that we have.

I'd also say that you've always shown great respect and understanding for both all the community members who participate in our meetings as well as any work that our city staff has done.

I mean, just an exemplary commissioner for 14 years.

You've probably seen a lot of changes between the first time you served and the second time you served.

Probably, you know, maybe if you want to address that, you can later.

But anyway, again, you've been great.

And I'll really miss having you on the commission with us.

And I don't know if other commissioners have anything else that they'd like to.

Sure. So I've really enjoyed serving on the PRC with you.

And it's everything Joe said.

I haven't always agreed with you, but I always look forward to hearing what you had to say, what you would say.

but my my uh the thing i have to say is in 19 in the mid 1990s or maybe even earlier

i called you when you were a prc commissioner and i was an angry resident and i don't even

remember why i was angry no i do remember uh i was really upset with the parks and open space plan

And I called you as a PRC commissioner.

And you explained things to me beautifully.

I was really impressed with how you took my comments seriously.

And you explained how things were.

And showed respect and understanding and knowledge.

And that was just almost a role model.

It was great. And then with the information you gave me and then I did Leadership Mountain View and I decided I need to be on the PRC and I may actually have replaced you.

I think you were turning out. So you're a great role model for me. And it's been fun to work with you now.

So thank you. Thank you for doing that.

Thanks for the final words.

Well, I just want to say the two go arounds, you know, doing it for eight years and then and then taking a break and coming back again.

It's just amazing the level of service and what you've done for Mountain View by participating here on the Parks and Rec Commission.

And I just always appreciate your insights into recreation.

I'm always thinking more about the park side and then to hear some of your thoughts.

It's really, you know, expanded my view of things a lot.

And I really respect all that you've done for us here.

And I'm going to really miss you here.

Thank you.

And before we give you a chance, if you want to say something, I just want to send it back over to anybody over there.

I'll take it.

Steve, Mr. Filios, Coach Filios.

he was a teacher of St. Francis when I was there so I've known Steve since I was 14 and he actually

has worked track meets with my brother-in-law so there's a lot of connections but in relation to

the commission thank you for your service not only once but coming back again really do appreciate

all of the thought effort that you put into being prepared for the meetings the questions you ask

and just your perspective that you bring through your own life perspective.

And seeing you as the teacher and then very energetic coach on the sideline,

and then knowing that you bring a different perspective as you come to serve the community,

it's really great to see that dynamic.

so really appreciate all your service and also the support that you've given us over the years

so thank you thank you yes and i just want to let you know that you are truly a model commissioner

you are what staff want on the prc you are fair you support us you're kind and you have great

contributions so thank you very very much for all your time i know you put in long days as well and

then you make time for us here so thank you thank you for the kind words again i just want to say

we please have a card for you all right i was going to get a funny hat that you would have

i don't know if that would be appreciated so it's uh commemorative oh poster so he can always

remember city of mountain views he's having a beverage of your choice

There were times after some of these meetings.

And there has been quite a, I mean, back when I started,

the meetings were very informal around, basically around the table.

And it was us.

But we've really come a long way as a commission.

And I think have made a tremendous positive difference over the years.

towards what mountain views become both on the recreation side and on the park side.

And hopefully that will continue.

And I have all the confidence in the world because two things,

you always hope that you make a difference,

whether it's in a kid's life, in my other careers,

or towards your fellow citizens in the neighborhoods that we represent.

And so hopefully, you know, during that time, there was some positive differences that I brought to it.

Second thing was, it's easy to do this when you have good people around you.

And I've been very fortunate my entire career of having good people around me.

My colleagues in teaching, the administrators I work for, working at the CCS office after that, they're really good people.

that really care about people care about kids uh care about you know everyone and i think that

working with you the respect i think i've shared this before in some of our uh workshops and such

i can't speak for all the commissions in the city you know because i don't see them all

but working on this commission has been a pleasure and a privilege because of the respect that's shown

by each of the members that I've worked with throughout the years,

whether it's back in the 90s and the early 80s and early 90s,

or in this current six years.

It's been, I hope that the city and the people that watch us understand

how lucky they are to have all of you and have this staff,

because it's all about watching out for the city of Mountain View.

despite all the challenges we have.

So keep up the good work.

I hope to be a contributor and watch what you're doing.

And there's two plans I have a little bit of my hand in

that are still on the table.

And I hope to make comments to the council

as they go to council and comments with the group

when they come back here as well

and support you any way I can

to see us move forward in a positive direction.

So thanks so much for letting me do this.

Bottom line.

Thank you.

Thank you.

And yeah, I mean, I hope you do contribute comments

on those, the two big plans.

You definitely, you know, you didn't have any short timers.

You had a 280 page report to read

on your second to last meeting

and we weren't going to be making any final you know so you know thank you for your dedication it

just shows how much you care and um you know i hope that you do make count you know comments to

city council and to to our meetings and this time i'll be able to put you on a clock although you

were never you were never you're never a time a timing i always had all those years i worked

had to answer a bill so I knew there was a time limit.

Yeah, you're pretty succinct and got to the point right away. So anyway, hopefully we will see you

again. I know how easy it is once you're sort of off these things to sort of fade away. But

since there are these two things out there that you put a lot of time into, I hope that

you continue to give feedback on that. All right, with that,

It is Chair Davis.

It is 8.08.

It's 8.08.

We did two tree appeals.

And we will now adjourn until January.