From the Examiner:

BURLINGAME In the hopes that talks between neighbors can help avoid lawsuits, the City Council approved a policy this week recommending mediation for property owners feuding over trees that interrupt valuable views of the San Francisco Bay. The council voted unanimously at its Monday meeting in support of the procedure, which advises both city and private property owners to attempt to reconcile Bay-view-related disputes themselves before seeking out the assistance of a third-party mediator endorsed or retained by the city.In doing so, the council sided with a recommendation from the Beautification Commission that it forgo adopting an ordinance on the matter, which the commission said would be a drastic step.? The city has never had such an ordinance before. The cities where they have ordinances tend to generate more disputes, and therefore lawsuits,? Councilmember Terry Nagel said. Cities seem to have the most success when there's a spirit of cooperation.? Nagel said another deciding factor against adopting an ordinance was Burlingame's status as a Tree City,? a designation from the National Arbor Day Foundation that the city has possessed for 26 years, according to the organization's Web site.

As a Tree City, Burlingame has formally established its respect for trees, acknowledging the vital role they play in the city's character so it wouldn't be appropriate to adopt an ordinance that sides with people over trees, Nagel said. Under the new policy, a property owner who believes tree growth on neighboring property diminishes the beneficial use or economic value? of their property would be asked to alert the neighbor in writing and attempt to discuss the matter. The policy does not apply to views other than those of the Bay. If reconciliation cannot be achieved, the person with the original complaint would pay for any subsequent mediation. The mediation would be voluntary and the mediator would not have the authority to resolve the issue independently. The city will review the policy's effectiveness in two years.

Parks and Recreation Director Randy Schwartz said a handful? of disputes have emerged off and on over the last decade some of which involved city properties. Burlingame will follow the policy adopted this week in dealing with complaints from private property owners in the future, he said. In addition to Burlingame, the title of Tree City has been locally bestowed upon Menlo Park, Redwood City, Millbrae, South San Francisco, Daly City, San Mateo and Atherton.

– Written by Fiona