CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: May 21, 2024
=========================================================================================== To: Honorable Mayor and City Councilmembers
From: John Jay, Associate Planner
Subject: Appeal of a Design Review/Tree Board decision to preserve the Bunya Bunya tree at 6700 Sebastopol Ave.
=========================================================================================== RECOMMENDATIONS:
Staff is recommending that the City Council receive the report and deny the appeal based on the facts and findings included in the attached Resolution.
EXECUTIVE SUMMARY:
The proposed application is a request for the City Council to overturn the decision that the Design Review/Tree board made at their February 27, 2024, meeting. The applicant requests that this decision be overturned based on the safety concerns surrounding the tree from falling cones and fronds both for pedestrians and future tenants of the building as noted in the project application
BACKGROUND AND DISCUSSION:
The Planning Department received an application for the removal of one Bunya Bunya Tree at 6700 Sebastopol Ave from Justin Allamano on September 14, 2023. Staff reviewed the application and provided Becky Duckles, City Arborist, with the application materials for her to provide a report based on her site visit. This report was sent to Planning staff on November 20th and is attached to this report. The conclusion of that report recommended that the tree be removed based on the safety concerns around the cones and fronds that drop from the tree. Staff scheduled a meeting with the Design Review Board on November 28, 2023, but due to a noticing error the board could not take action on the item and was then scheduled to January 27, 2024. During the November 28 meeting the board discussed the tree at length and heard comments from staff, the applicant, and the members of the public. The City Arborist was also in attendance at this meeting and provided a verbal report on subject tree and changed her recommendation from the removal of the tree to keeping the tree with mitigation measures, including adding safety netting related to the fronds and cones. At the conclusion of the January meeting, based upon the revised recommendation from the City Arborist, the Design Review Board approved direction to staff to return to the next Design Review Board meeting with draft Findings of Denial, which was presented to the board at their February 27, 2024, meeting.
Planning staff provided the applicant with the letter of denial based on the facts and findings from the meeting of February 27th and an appeal of this decision was made by the applicant during the 7-day appeal period.
STAFF ANALYSIS:
When staff provided the first report to the Design Review Board, the staff’s recommendation agreed with the Arborist report in recommending removal of the tree based on the safety concerns. However, during the November meeting when the City Arborist changed her recommendation to preserve the tree based on mitigation (e.g., safety netting), staff was still able to make findings for denial and provide mitigation measures to ensure the keeping of the tree along with providing safety for pedestrians and future tenants of the space. With that, the City Arborist has provided a revised report to recommend the preservation of the tree and provided mitigation measures. Staff supports this revised position as the proposed mitigation that the Arborist has included would meet the requirements of finding #3 “The tree does not pose a likely foreseeable threat to life or property in that the City Arborist noted that with proper mitigation and tree pruning the tree would not be a threat to life or Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
property”. Additionally, the yearly pruning and tree maintenance is a common requirement for trees that do not meet the removal criteria. With that, staff recommends that the City Council deliberate the matter and, then, deny the appeal to reverse the decision of the Design Review/Tree Board to preserve the tree with mitigation.
COMMUNITY OUTREACH:
This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to schedule meeting date.
FISCAL IMPACT:
None.
OPTIONS:
Staff is recommending that the City Council hold a public hearing and hear the testimony by both parties, vote to deny the appeal, and adopt the attached Resolution of Denial of the Appeal.
Alternatively, the Council could vote to uphold the appeal, and direct staff to prepare Findings to support that action. Staff would then return with the Resolution as a consent item at a future meeting.
ATTACHMENTS:
Appeal application
Resolution of Denial
Letter of Denial
Arborist report recommending removal
Arborist report (Updated) recommending preservation with mitigation Public Comment
APPROVALS:
Department Head Approval: Approval Date: ______5/9/24___ CEQA Determination (Planning): Approval Date: _____5/9/24____ The proposed action is a Categorical Exemption: Section 15304: Class 4 Administrative Services (Financial) Approval Date: ______5/15/24____ Costs authorized in City Approved Budget: ☐ Yes ☐ No N/A Account Code (f applicable) ___________________________ City Attorney Approval: Approval Date: ___5/15/24____
City Manager Approval: Approval Date: ___5/13/24____
Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
4 MIN AGO
Woman's body found by cliffs near Highway 1 years ago identified
TRENDING
N E W S | B AY A R E A & S TAT E
By Kale Williams
Updated Oct 12, 2015 4:05 p.m.
Man hit by 16-pound pine cone in S.F. park
files $5 million suit
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5/16/24, 2:38 PM Man hit by 16-pound pine cone in S.F. park files $5 million suit https://www.sfgate.com/bayarea/article/Man-hit-by-16-pound-pine-cone-in-S-F-park-files-6567225.php 1/9 Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
A tourist visiting the Bay Area for Fleet Week last year was doing nothing more than reading and napping under a tree in a federal waterfront park in San Francisco when a 16-pound pine cone fell on him and crushed his skull, his lawyer said Monday.
A man is suing the U.S government, the National Park Service and the San Francisco Maritime National Historical Park after a 16-pound pine cone fell from a tree and crushed his skull in October 2014. The signs pictured here were allegedly put up after the incident.
Kale Williams
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5/16/24, 2:38 PM Man hit by 16-pound pine cone in S.F. park files $5 million suit https://www.sfgate.com/bayarea/article/Man-hit-by-16-pound-pine-cone-in-S-F-park-files-6567225.php 2/9 Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
Now, Sean Mace, a U.S. Navy veteran, is suing the U.S. government, the National Park Service, the Department of the Interior and San Francisco Maritime National Historical Park where he was injured for $5 million in the hopes of changing policies so that no one else falls victim to the same type of bizarre incident. “This guy has an irreversible brain injury and he’s only in his mid-50s,” said Scott Johnson, a San Francisco attorney representing Mace in the lawsuit. “He’s had two surgeries already and he is going to need a third.”
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5/16/24, 2:38 PM Man hit by 16-pound pine cone in S.F. park files $5 million suit https://www.sfgate.com/bayarea/article/Man-hit-by-16-pound-pine-cone-in-S-F-park-files-6567225.php 3/9 Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
Mace went to the San Francisco Maritime National Historical Park at the Fort Mason Center on Oct. 12, 2014, to find a spot to watch the Blue Angels air show. He found himself what he thought was a peaceful place to read and rest in the northeast corner of the park under a stand of coniferous Araucaria bidwillii trees, more commonly known as bunya pines or false monkey puzzle trees, according to the lawsuit filed Sept. 4 in San Francisco federal court.
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Bunya pines are not indigenous to the area, the lawsuit notes, and the trees in question are thought to have been planted by park staff years ago. Their seedpods, or pine cones, can grow to enormous sizes, reaching nearly 16 inches in diameter and weighing up to 40 pounds.
As Mace snoozed beneath the tree, one of the pods broke loose and landed on his head, crushing his skull, according to court documents. Watch More Keep
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5/16/24, 2:38 PM Man hit by 16-pound pine cone in S.F. park files $5 million suit https://www.sfgate.com/bayarea/article/Man-hit-by-16-pound-pine-cone-in-S-F-park-files-6567225.php 4/9 Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
Mace was rushed to San Francisco General Hospital, where he underwent surgery to relieve pressure on his brain from internal bleeding. Five days later, another surgery was required to further relieve pressure building inside his skull, the lawsuit reads.
He suffered “traumatic brain injury, with severe and likely irreversible cognitive deficits,” according to court papers.
The suit alleges that there were no warning signs posted and no fences or netting to prevent people from hanging out under the trees, violating numerous park policies requiring the removal of exotic species that create safety hazards and mandating the installation of warning signs “necessary for visitor safety.” “First and foremost, the Park Service needs to do something to make sure this never happens again,” Johnson said. “This park is full of tourists and schoolchildren.
Something needs to change.”
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Newsletters Account
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5/16/24, 2:38 PM Man hit by 16-pound pine cone in S.F. park files $5 million suit https://www.sfgate.com/bayarea/article/Man-hit-by-16-pound-pine-cone-in-S-F-park-files-6567225.php 5/9 Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
Some changes have already been implemented. Orange plastic fences have been erected around the grove with signs warning, “Danger: Giant seed pod falling from tree.”
But Joe Barlow, a street artist who paints portraits near the grove, said he’s seen the cones fall from branches that hang over the sidewalk outside of the fencing, in one instance landing dangerously close to tourists.
“It just missed them,” Barlow said Monday. “And it’s not just the size of them either.
They’re big, but they’re really heavy and they have these spikes on the outside like a pineapple.”
Johnson said his client has been severely affected by the incident and now suffers from post-traumatic stress disorder and depression.
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5/16/24, 2:38 PM Man hit by 16-pound pine cone in S.F. park files $5 million suit https://www.sfgate.com/bayarea/article/Man-hit-by-16-pound-pine-cone-in-S-F-park-files-6567225.php 6/9 Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
Oct 12, 2015 | Updated Oct 12, 2015 4:05 p.m.
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“He’s afraid to go outside at this point because he’s afraid something is going to hit him in the head,” Johnson said. “Our priority is to institute change and help this guy out. He was doing pretty well before the accident, and now he is completely dependent and will likely need lifetime care.”
Representatives from the U.S. attorney’s office and San Francisco Maritime National Historical Park did not return requests for comment on the case.
Kale Williams is a San Francisco Chronicle staff writer. E-mail:
[email protected] Twitter: @sfkale
Watch More
Keep
Watching 5
5/16/24, 2:38 PM Man hit by 16-pound pine cone in S.F. park files $5 million suit https://www.sfgate.com/bayarea/article/Man-hit-by-16-pound-pine-cone-in-S-F-park-files-6567225.php 7/9 Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
Lucky escape:Cone fromBunya Pine
tree drops intowoman’s car on Great
Western Highway
By Emily Feszczuk - February 9, 2022, 15:43
Shenoa Mitchell and Colleen Watson with the cone from a Bunya Pine that smashed into their car. Photo: Melinda Jane.
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5/16/24, 2:41 PM Lucky escape: Cone from Bunya Pine tree drops into woman's car on Great Western Highway – The Western Weekender The We… https://westernweekender.com.au/2022/02/lucky-escape-cone-from-bunya-pine-tree-drops-into-womans-car-on-great-western-highway/ 1/3 Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
Shenoa Mitchell. Photo: Melinda Jane.
An Emu Plains resident is warning other locals after she was involved in a freak accident that could have been deadly.
Shenoa Mitchell was driving home on the Great Western Highway on Tuesday, February 8 at around 3.45pm with her daughter when a cone from a Bunya Pine smashed through her sunroof.
The trees that line the road within the grounds of Emu Hall can grow up to 50 metres in height and grow pinecones full of seeds that can weigh around 10kg.
Ms Mitchell told the Weekender she had no idea what happened when the incident initially occurred with the cone weighing nearly 6kg. “We heard what we thought was an explosion and then as we drove past the lights at River Road it must have rolled forward from my roof and down onto my arm rest,” she said.
“It happened so quickly that I had to pull over to get my composure and check on my daughter. She had a couple of scratches on her arm but was OK.”
With Bunya pines randomly dropping their cones from December to March, Ms Mitchell said there needs to be a warning to prevent further accidents. “I spoke to the manager at Emu Hall who said he had been hit by one but was informed by Council that they are heritage listed trees that are not to be touched,” she said.
“If that is the case then there needs to be signage or even just maintenance to remove the cones because it was quite heavy and the size of basketball, so if that hit someone on the head, I think the force could kill them.” The Weekender contacted Council for comment. It is currently looking into the matter. 5/16/24, 2:41 PM Lucky escape: Cone from Bunya Pine tree drops into woman's car on Great Western Highway – The Western Weekender The We… https://westernweekender.com.au/2022/02/lucky-escape-cone-from-bunya-pine-tree-drops-into-womans-car-on-great-western-highway/ 2/3 Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
The scene of the accident. Photo: Melinda Jane.
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Emily Feszczuk
A graduate of Western Sydney University, Emily covers Local, State and Federal politics for the Weekender, as well as crime and general news.
5/16/24, 2:41 PM Lucky escape: Cone from Bunya Pine tree drops into woman's car on Great Western Highway – The Western Weekender The We… https://westernweekender.com.au/2022/02/lucky-escape-cone-from-bunya-pine-tree-drops-into-womans-car-on-great-western-highway/ 3/3 Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
1 RESOLUTION NUMBER: -2024
CITY OF SEBASTOPOL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL DENYING THE APPEAL
AND UPHOLDING THE DENIAL OF REMOVING THE BUNYA BUNYA TREE AT 6700 SEBASTOPOL AVE (FILE 2023-055)
WHEREAS, the applicant, Justin Allamano, submitted an application for a Tree Removal permit on September 14, 2023; and
WHEREAS, the City of Sebastopol Planning Department processed the application in accordance with the Sebastopol Municipal Code (SMC), Section 8.12 and, on November 28, 2023, held a duly noticed public meeting. The Board heard a staff report and a presentation from the applicant, received a presentation from the City Arborist, and took public comment, but due to a noticing error, the board did not take an action` on the request and then rescheduled the meeting to a future date; and WHEREAS, at the November 28 meeting the City Arborist changed her recommendation from removal of the tree to keeping the tree with mitigation measures, including adding safety netting related to the fronds and cones; and
WHEREAS, the City of Sebastopol Planning Department held the continued meeting on January 27, 2024, where the Board directed staff to return with findings for denial of the Tree Removal Permit as they did not agree with staff’s initial recommendation to approve removal, but supported the City Arborist’s changed recommendation to preserve the tree with mitigation; and, WHEREAS, the Design Review and Tree Board held the third meeting on February 27th, 2024, where they approved the findings for denial; and,
WHEREAS, the City Council supports the denial of the appeal and the related Tree Removal Permit, based on the following findings:
1. That the application is categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15304, Class 4 which includes minor alterations to existing topographical features, such as the removal of a tree.
2. The tree is not diseased or structurally unsound and, as a result, is not likely to become a significant hazard to life or property within the next two year in that the City Arborist found that there is no sign of significant disease or structural damage to warrant the removal of this tree.
3. The tree does not pose a likely foreseeable threat to life or property in that the City Arborist noted that with proper mitigation and tree pruning the tree would not be a threat to life or property.
Additionally, the tree is a beloved community asset and a highly significant piece of Sebastopol history. Its removal would be detrimental to the entry of Sebastopol’s downtown core.
4. The property owner cannot demonstrate that there are unreasonably onerous recurring maintenance issues, which are deemed necessary for safety or protection of property. The Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
2 property owner is responsible for providing documentation to support such a claim in that the applicant has not provided any proof or documentation to claim onerous reoccurring maintenance issues other than occasional pruning of dead limbs.
5. No situation exists or is proposed in which structures or improvements, including, but not limited to, building additions, second units, swimming pools, and solar energy systems, such as solar panels, cannot be reasonably designed or altered to avoid the need for tree removal.
6. The tree has not matured to such an extent that it is determined to be out of scale with adjacent structures and utilities, or with other landscape features in that the tree was in place before this building and the Barlow were constructed. The removal of this tree would severely degrade the landscape presence of this gateway corner of Sebastopol.
NOW, THEREFORE, BE IT RESOLVED that the City of Sebastopol City Council hereby denies the Appeal and Upholds the Denial for the removal of one Bunya Bunya Tree (2023-055), subject to the Findings in this Resolution.
The above and foregoing Resolution was duly passed, approved and adopted at a meeting by the City Council on the 21st, day of May, 2024, by the following vote:
VOTE:
Ayes:
Noes:
Abstain:
Absent:
APPROVED: _______________________________________
Mayor Diana Gardner Rich
ATTEST: ______________________________________________________________________ Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM: __________________________________________________ Larry McLaughlin, City Attorney
Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
City Hall, 7120 Bodega Avenue, Sebastopol, CA 95472
T 707-823-6167 / www.ci.sebastopol.ca.us
City of Sebastopol
Planning Department
February 28, 2024
Justin Allamano
Barlow
6780 Depot Street, #110
Sebastopol, CA 95472
Re: Design Review Application
Dear Justin Allamano
The Design Review Board denied your Design Review application (2023-055) at their February 27th, 2024 meeting, requesting approval for the removal of one Bunya Bunya tree at 6700 Sebastopol Ave. This denial is in accordance with the findings contained in this letter.
This approval is not effective until the Appeal Period has officially expired. Anyone dissatisfied with the decision of the Design Review Board has the right to file an appeal within 7 calendar days of the decision. This requires the submittal of a completed City Appeal Form, written statement, and payment of the applicable fee delivered to the Planning Department at 7120 Bodega Avenue, Sebastopol, California no later than 5:00 P.M. on March 5 th
, 2024
Please feel free to contact me if you have any questions at 707-823-6167, or via email at [email protected].
Sincerely,
John Jay
cc:
Barney Alderidge, Property Owner, via email
Building Department
Planning Department
Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
1 EXHIBIT A
TREE REMOVAL PERMIT
6700 Sebastopol Ave
Removal of Protected Tree
Recommended Findings of Denial
1. That the application is categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15304, Class 4 which includes minor alterations to existing topographical features, such as the removal of a tree.
2. The tree is not diseased or structurally unsound and, as a result, is not likely to become a significant hazard to life or property within the next two year in that the City Arborist found that there is no sign of significant disease or structural damage to warrant the removal of this tree.
3. The tree does not pose a likely foreseeable threat to life or property in that the City Arborist noted that with proper mitigation and tree pruning the tree would not be a threat to life or property. Additionally, the tree is a beloved community asset and a highly significant piece of Sebastopol history. Its removal would be detrimental to the entry of Sebastopol’s downtown core.
4. The property owner cannot demonstrate that there are unreasonably onerous recurring maintenance issues, which are deemed necessary for safety or protection of property.
The property owner is responsible for providing documentation to support such a claim in that the applicant has not provided any proof or documentation to claim onerous reoccurring maintenance issues other than occasional pruning of dead limbs.
5. No situation exists or is proposed in which structures or improvements, including, but not limited to, building additions, second units, swimming pools, and solar energy systems, such as solar panels, cannot be reasonably designed or altered to avoid the need for tree removal.
6. The tree has not matured to such an extent that it is determined to be out of scale with adjacent structures and utilities, or with other landscape features in that the tree was in place before this building and the Barlow were constructed. The removal of this tree would severely degrade the landscape presence of this gateway corner of Sebastopol.
Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
BECKY DUCKLES
CONSULTING ARBORIST & LANDSCAPE ADVISOR
SEBASTOPOL, CA.
ARBORIST’S REPORT
6700 Sebastopol Ave - Sebastopol
November 20, 2023
I visited this site several times over the years to evaluate a monkey puzzle tree (Araucaria araucana) proposed for removal by The Barlow manager. The tree is 59” dbh., approximately 75’tall, and appears in good health. Its branches range from 6-15’ long horizontally, with numerous very sharp and prickly spiky fronds fon all of them. Many of the dead fronds, approximately 2-4’ long litter the gound and fall constantly.
In the past, all the long heavy branhces and cones (which can weigh up to 15 lbs.) have been removed annually by climbers or workers in a bucket truck. If they fall, which they are known to do, they can cause serious injury to pedestrians or damage to property below. When there was very little activity below and around the tree it wasn’t such a hazard, but a much higher level is expected when the adjacent business, Seismic Brewing expands and creates an outside patio in that area under the tree. Unfortunately it would be impossible to reduce the potential hazard sufficiently without removing all the branches, fronds and cones which would kill the tree. It doesn’t prove any shade or screening, but needs significant maintenance. It should be removed and replaced by an attractive specimen to add to this main entrance to the city.
Respectfully submitted,
Becky Duckles
Becky Duckles
Sebastopol City Arborist
Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
BECKY DUCKLES
CONSULTING ARBORIST & LANDSCAPE ADVISOR
SEBASTOPOL, CA.
ARBORIST’S REPORT
6700 Sebastopol Ave - Sebastopol
May 9, 2024
In November 2023 we last discussed the future of a monkey puzzle or bunya bunya tree (Araucaria araucana) on the corner of Morris St and Hwy 12 or Sebastopol Ave. proposed for removal by the Barlow manager. The history of the tree’s origin here isn’t known for certain, but there is a good possibility it was supplied by (and possibly planted by) Luther Burbank, who mentioned the species, but not this specific tree in his field manuals. The house next to it was one of the first, if not the first house built in Sebastopol in the early 1900’s.
The tree is 59” dbh., approximately 75’ tall, and appears in good health. Its branches range from 6-15’ long horizontally, with numerous sharp and prickly spiky fronds on all of them. Many of the dead with leaflets, approximately 2-4’ long fall regularly and litter the ground.
In the past, all the older, long heavy branches and cones (which can weigh up to 15 lbs.) have been removed annually by climbers or workers in a bucket truck. If they fall, which they are known to do, they can cause serious injury to pedestrians or damage to property below. When there was very little activity below and around the tree it didn’t present such a threat, but a much higher level of potential hazard is expected if the adjacent business in The Barlow creates an outside patio and/or play area in that area under the tree, increasing the activity level.
When weighing tree removal requests, we consider many factors, such as species, size, historical significance, hazard potential, contributions to site, health and structural soundness. This tree is iconic and stands at the entry to Sebastopol. It may have historical significance, and is healthy.
Initially the concern about public safety if this space opened to frequent foot traffic activity prompted me to support the removal of the tree when a plan for the location was presented. However, one of the Design Review Board members at that meeting suggested that a screen be installed to intercept falling cones or branches. A pergola could be installed with a wire screen over the top to catch fallling cones or fronds. Also, the previously-followed maintenance of removing cones and old fronds annually after inspection by a qualified tree service, combined with the pergola with a wire screen would reduce potential hazard to an acceptable level. I can now support the preservation of this tree if the maintenance procedures and hazard reduction measures outlined above are followed.
Respectfully submitted,
Becky Duckles
Becky Duckles
Sebastopol City Arborist
Agenda item Number: 8 Agenda item Number: 8
City Council Packet of May 21, 2024
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