Pacific Grove elm tree is facing removal once again after a judge declines to grant stay.

The days of Pacific Grove's century-old American elm tree of Jewell Park are numbered after Monterey County Superior Court Judge Thomas W. Wills declined today to order a stay that might have given residents a few more days to save the tree from the city’s axe.

Public Works Director Daniel Gho confirms he’s working on scheduling a crew to come out and cut the tree down possibly within the week. “We have direction from the City Council to move forward to remove the tree,” he says.

The direction came on Nov. 17, when the City Council voted for a second time to have the tree removed, after staff said the elm was a public safety risk due to the appearance of rot and a slight lean to one side. Residents who have been fighting to save the tree hired two arborists who said the rot and lean were not serious issues and stated the tree had many more years of life left.

After today’s court hearing, resident Patricia Purwin was “downhearted” after the judge told residents’ attorney David Hollingsworth he would not grant a stay, which would have given them time to appeal. When she arrived at her house across the street from the tree, the Public Works Department had already placed signs stating there was no parking between today and Dec. 27 in the area surrounding the tree.

City officials have been working to remove the tree since July as part of the the Public Works Department's effort to install a new sidewalk along Forest Avenue. Purwin and others appealed the city’s tree removal permit to the Beautification and Natural Resources Commission, which voted in the residents’ favor.

During that meeting the city’s arborist told the commissioners the tree was a moderate risk if the roots were left undisturbed, but later he stated in a written report that the tree was high risk. When Public Works appealed the BRNC vote to the City Council, councilmembers voted 6-1 in September to remove the tree on the basis that it was high risk and could be a danger.

The tree was saved once from chainsaws days later when resident Rebecca Lee climbed up into the tree the day it was scheduled for removal. Residents then hired Hollingsworth and the city agreed to hold off as the matter went to court. The second vote of the City Council in November showed that a few councilmembers had changed their minds, but it was not enough. The vote was 4-3.

The city and residents met in court on Dec. 9, with Hollingsworth attempting to present detailed information showing why the tree should be saved. Wills told him there were problems with the case, including that the residents’ original petition filed with the court had not been amended to show results of the November council meeting.

“I’m reiterating that’s the writing on the wall,” Wills told Hollingsworth. “It cannot go forward today. I cannot do a stay today. Perhaps (the city) will agree to it.” As Hollingsworth repeatedly asked to have his evidence heard, the judge repeated: “I am not granting a stay and it’s not likely you’ll be successful on the merits of the case.”

Wills said that the City Council had made its decision based on information that the tree is a public safety concern. “What needs to be borne in mind is that the court cannot re-decide a decision by a public agency,” the judge said. “If there is substantial evidence to support the city’s decision I don’t get to second guess that.”

Hollingsworth persisted in pressing his case, which Wills allowed but he warned the attorney it wouldn’t get him the result he wanted. What normally would have been a brief hearing rambled for nearly two hours when the judge had to stop the proceedings at noon. There were no court reporters or bailiffs available after the lunch hour so the hearing was continued to today.

Hours after the hearing, someone launched a Twitter account called Pacific Grove Elm (@pgelmtree) , with the tagline, “Species of least concern. Semi-deciduous.” The first tweet: “Don’t mind me, just breaking up some sidewalk.”