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HomeMy WebLinkAbout09 - Tree Removal Appeal - Jim Erickson - 620 Orchid AvenueU Agenda Item No. V — q January 5, 1999 To: Parks, Beaches, and Recreation Commission From: General Services Director Subject: Tree Rein oval Appeal Recommendations Deny the removal request of one Blue Gum (Eucalyptus globulus) parkway street tree at 620 'Orchid Avenue or Approve the reforestation of one Blue Gum (Eucalyptus globulus) parkway street tree at 620 Orchid Avenue at the resident's expense. • Background Mr. and Mrs. Jim Erickson requested the removal of one parkway street tree adjacent to their residence by a letter dated November 16, 1998 (Attachment A). The tree is actually located on Fourth Avenue. Subsequently, I sent the attached letter dated November 19, 1998 (Attachment B) to Mr. and Mrs. Erickson denying their tree removal request and the recourse procedure to appeal the decision. The Erickson made a verbal request to have their request reviewed by the Commission. Discussion The Urban Forester and the Park Superintendent reviewed the request on site in December using the Tree Inspection and Tree Appraisal Report (Attachment C) prepared by the Urban Forester. He noted curb and gutter damage that was reported to the Field Services Division of the General Services Department for repairing. Root pruning to accommodate the curb and gutter replacement would be considered at the time of the proposed repairs. Staff does not feel that there is significant property damage to warrant tree removal nor that any foundation damage can be attributed to the tree without an excavation of the areas between the tree and the home and the interior floor damage. • The Erickson's have filed a claim with the City Risk Manager's office regarding damage to their residence by the City street tree. Mr. Effertz, the City Claims Administrator, has a--7 . offered to settle the claim per the attached correspondence (Attachment D) for damage to their residence, but the Ericksons will not accept the settlement unless the parkway tree is removed (Attachment E). Additionally, the City Attorney's Office, per the attached memorandum (Attachment F) to the City Urban Forester, is recommending that the tree be removed. The City Claims Administrator and the Deputy City Attorney are basing their decision for removal of the tree and the settlement offer on an independent arborist's report (Attachment G). Staff does not agree with the assumption by the arborist that the foundation cracks can be attributed to root expansion. The age of the foundation (60+ years), geological factors, and area drainage may all be factors in the damage. Earlier this year, the Commission approved a reforestation plan to replace the Eucalyptus street trees on 4th Avenue on an as needed basis with the newly designated Hong Kong Orchid tree. While the tree being considered for removal does not meet the removal criteria of the Council policy, it will eventually be replaced by the City in a reforestation project that will start in 1999 and continue into the year 2000. Unfortunately, there are not adequate funds to reforest all of the trees this fiscal year, so priority will be given to those trees which fail an ongoing testing procedure for internal rot. The tree adjacent to the Erickson's was recently bore tested and passed the test. Staff met with the Ericksons on December 17, 1998 to explain our position on the tree removal. We proposed that the Ericksons proceed with their foundation repairs and if there is clear evidence of root damage upon excavation, the City will extend our settlement offer and remove and replace the tree at City expense. If there is no foundation damage caused by the tree, the City could offer the opportunity to the Ericksons of undertaking -the cost of the reforestation of the tree at their expense at a cost not to exceed $700 ($500 removal, $200 replacement). The replacement tree would be a 24" boxed Hong Kong Orchid. Staff have proposed two recommendations regarding the tree removal request for the Commission's review. Mr. and Mrs. Erickson have received' a copy of this report and a notice of the January 5 Commission meeting. Very respectfully, David E. Niederhaus • DEN/MGL /pw EE • Attachments: A. Mr. and Mrs. Erickson's letter dated November 16, 1998 B. •General Services Director's letter dated November 19, 1998 C. Tree Inspection Report and Tree Appraisal Report D. Richard J. Effertz' letter dated October 8,1998 E. Mr,and Mrs. Erickson's letter dated October 14,1998' F. Deputy City Attorney's Memorandum dated December 8, 1998 G. Mr. Mahoney's letter dated September 10, 1998 9 0 • Jim & Wendy Erickson 620 Orchid Ave.''Corona del Mar; CA: 92625 94g =718 -9210 rAFC4=tVtMp Nov 1 9 1998 u5 PARKS /TRE=ES November 16, 1998 Parks Conuiussion 3300 Newport Blvd. PO Box 1768 Newport Beach, CA. 92658 -1768 FAX: 949 - 644 -3155 Re: Request to be placed on agenda for December 1, 1998 meeting. Dear Sir, • We are currently involved in a claim wherein a city tree has damaged our home. The city's independent consultant feels the city's tree roots hi a caused damage.. I was willing to settle the matter with the city if the tree was removed, however, •Mr. Conway does not want to remove the tree unless the tree is diseased. We plan to sell our house in 1999 and under the disclosure laws will have to inform potential buyers of the problem with the tree. Obviously, a tree causing damage to the house will severely impact our ability to sell our home. It is my understanding the Parks Commission is responsible for determining the future of the tree in question. I would appreciate being added to your agenda at your December 1, 1998 meeting. you f ur assi O Jim &Wendy Erickson �J PL-eL •f 0 n LJ CITY OF NEWPORT BEACH P.O. BOX 1766, NEWPORT BEACH, CA 92658.8915 November 19, 1998 Mr. and Mrs. Jim Erickson 620 Orchid Avenue Corona del Mar, California 92625 Dear Mr. and Mrs. Erickson, This letter is in response to your correspondence dated November 16, 1998 regarding your request to remove a City parkway street tree adjacent to your residence. Staff will prepare an agenda report for the Parks, Beaches, and Recreation Commission meeting of January 5, 1999. Due to lack of staff and availability of information regarding the tree, we cannot complete the report in time for the December 1, 1998 Commission meeting. Please provide any documentation to me relative to the property damage that you mentioned in your letter no latter.than December 10, 1998. Additionally, if you have any questions please contact Marcelino Lomeli, Park and Trees Maintenance Superintendent at 644 -3069. Sincerely, David E. Niederhaus, Director General Services Department DEN/MGL /pw Cc: Mayor Protem O'Neil Councilmember Thomson Acting City Manager Park, Beaches, and Recreation Commission 3300 Newport Boulevard, Newport Beach ,31 • CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT Name: Mr. and Mrs. Jim Erickson Address: 620 Orchid Avenue Phone Number: N/A Request: Remove one Eucalyptus tree causing damage to the property foundation and interior floor. Botanical Name: Eucalyptus globulus Common Name: Blue Gum Designated Street Tree: Bauhinia blakeana (Hong Kong Orchid) Estimated Tree Value: 33" DBH x 1 trees = 855.3, 40% species value, Total Value = • $5911.83 (see'attached appraisal report) Damage: Maintenance records indicate last trimming was completed in February 1998. Parkway: Concrete Brick Turf Other Comments: A field inspection determined the tree was healthy, however with apparent curb and gutter damage which has been reported to the General Services Department Field Services Division for scheduled repairs and root pruning. Additionally, the tree was inspected on site to determine if any decay was evident inside the tree. A resistograph instrument was used to verify any decay, by inserting a small rod into the tree at various depths within the tree trunk. The measurements were taken at 16 ", 24" and 48" above the ground and no decay was present. Inspected by: � is ate: December 7, 1998 Recommendation- Retain tree, trim and root prune tree as required to accommodate curb and gutter re sc duled. Reviewed by: Date: December 9, 1998 • as 0 a LU m am al • a W z LL O mi MEM-1 `r \1 u F- z LU L7. a W O w v W J W z LU 0 ¢'E U d' O CL N N 0 N p � d 9 � Q � m J Q IL IL w W LU OR CR 7 J T T T T a CI m > U� Lo z o U) c 0 N T F _ 0) U¢a J OU OD L6 J z Oy ~ N og o W co DU co tl: U W z N O W g Q CL J o V h N U U U 0 w N m J m > N H m 2 go U IL LU z LU N cq 2 Q Ln Lo Z1 �U U W !A co Q F p U) W' 1 N T a :3 = N LU Co 0 �* IL U) o m m m d 33 Riviera A (714) 833 -3611 • October 8, 1998 Jim & Wendy Erickson 620 Orchid Avenue Corona del Mar, CA 92625 Re: Insured: Claim No.: Dear Jim & Wendy Erickson: FAX (714) 833 -2967 City of Newport Beach 98- 0305 -00 CA LIC Enclosed, you will find, a copy, of Mike Mahoney's assessment of the eucalyptus damage to your property located at 620 Orchid Avenue. I believe Mr. Mahoney is in error when he speaks of 620 1/2 Orchid, he means 620. Also enclosed is the City's release. Pending your review and signature, the City will • send you a check for $4,125 for the tree root damage caused to your slab and brick pavers in your home. If all meets your approval, please sign the release and return to us. We will request a check from the City. If it does not meet with your approval, please contact the undersigned. Very truly yours, Z�� W4 Richard J. Effertz, RPA Claims Administrator tj Enclosures: Release and report Mel= • (( 7 Mailing Address: P. 0. Box 1827 Costa Mesa, California 92628 -1827 2424 S. E. Bristol Avenue, Suite 320 Newport Beach, California 92660 S� 0 Jim & Wendy Erickson 620 Orchid Ave. Corona del Mar, CA. 92625 949 - 718 -9210 October 14,1998 Richard J. Effertz, RPA Riviera Adjusters P.O. Box 1827 Costa Mesa, CA 92628 -1827 Re: Claim #: 98. 0305.00 Dear Richard, Thank you very much for your letter of October 8, 1998. Wendy and I have decided to sell . the 620 house in 1999. After consulting with our realtor, we must disclose all past and potential problems. Naturally, we are very concerned about the slab damage. While the money offer is adequate to cover the repair costs to date, we are concerned about future damage and liability to the new buyer due to the existing tree. Bottom line is we do not want to make the slab repairs unless the tree is removed.. We would like to conclude this matter as soon as possible for our future sale of the- property. Please advise if John Conway would be willing to remove this tree so we could conclude this matter. & Wendy 0 35 L -C 1 ; ;;;')I • CITY OF NEWPORT BEACH n OFFICE OF THE CITY ATTORNEY December 8, 1998 TO: John Conway, General Services FROM: Daniel K. Ohl, Deputy City Attorney RE: 620 Orchid, Corona Del Mar (Erickson) I would assume that this matter is on track for the hearing before the Parks, Beaches & Recreation Committee in January of 1999. It would be my position, based on the information provided, that the tree should be removed as it represents a liability not only to the property owner but to potential users of the surrounding area. It would be • greatly appreciated if that information could be communicated to the committee either in your report or in a separate report that I am willing to prepare. Please let me know your preference. DA IEL K, OHL Deputy City Attorney DKO:da F: \Cat\ Shared\ CodeEnforce\ ErfcksonWiemo\JClanuaryreport.doc • h Michael T. Mahoney - Independent Consultant • SPECIALIST IN ARBORICULTURE AND URBAN FORESTRY 425 30"' STREET #2S • NEwmRT BF,ACH, CAI.IFOu.0 92GG3. 949/673 -5199 • FAx: 949/673 -57 97 September 10, 1998 CITY OF NEWPORT BEACH % RIVIERA ADJUSTERS Richard J. Effertz P.O. Box 1827 Costa Mesa, CA 92628 -1827 FAX: 833 -2967 Re: Assessment of Eucalyptus, 620'/2 Orchid Avenue Dear Mr. Effertz, This letter represents my brief report to you on the results of my inspection of damage to the foundation at 620'/2 Orchid Avenue in Corona Del Mar. We met at the site on • Tuesday, September 1, 1998, to review the cracked foundation inside the James and Wendy Erickson residence and to analyze the impact an adjacent street tree might be having on the damage. While at the site I looked at the configuration and character of the cracks, considered the location and proximity of the eucalyptus street tree, and inspected roots in the turf area at that location. I am of the opinion that the tree roots have interacted,with conditions at the site, resulting in damage to the residence foundation. As I explained, the large old street tree has produced a tremendous quantity of roots. These are in two basic patterns: terminally in the form of very tiny herbaceous absorbing roots, and laterally in the form of larger woody transport roots. The short- lived herbaceous absorbing roots develop according to annual growth cycles and are renewed, approximately each year. These roots are located in the soil where the right amount of wetness and oxygen are found, including under the pavement where moisture collects due to condensation. The longer -lived woody roots serve to move moisture and nutrients from the soil environment up and into the tree and to deliver sugars and other substances from the canopy down to roots, providing for growth and energy storage. The woody roots grow in girth, akin to the woody .branches above ground, and they tend to stabilize once the tree is mature. These roots are found in a horozontally radial pattern from the base of the tree, usually extending no deeper than a zone from the top of the soil down into the soil to a depth of 2 or 3 feet. However, a network of these transport roots might go out horizontally for a hundred feet or more! RECEIVED sEP 2 1 1998 uivieru Adjusters S7 0 • • Assessment of Eucalyptus, 620'/2 Orchid Avenue September 10, 1998 page 2 Experience has shown that structures can be engineered adequately to avoid damage by infiltrating tree roots. Damage is typical when pavement is thin and un- reinforced. When reinforcing steel is used in pavement construction, typically #3 rebar (or greater) in foundations and steel mesh in sidewalks, the leverage capacity of tree roots is greatly diminished. Because tree roots are organic, they tend to accommodate obstacles by modifying their growth. The result is less upheaval and cracking; a moderate impact. The Erickson's foundation was constructed about 60 years ago. It is unlikely that reinforcement was used and it is possible that other structural problems may be exacerbating the,predicament. During the course of my previous study of the eucalyptus street trees I noticed that ground water is modified by 4`h Street, the perpendicular cross street. Across 4'h the ground slopes up undulating away from the Erickson property (and their neighbors on the southwest side of 4'h ) and rising to the northeast. This grade change acts as an interrupting element which may have resulted in geological turmoil below. It would be necessary to consult with soil science professionals to determine if other factors are at work here, and to what degree they may have impacted the conditions. As noted, the adjacent eucalyptus tree is quite mature and lateral root development has slowed. The canopy is being maintained such that foliage is not allowed to grow very thick, ari intenseregime. This treatment tends to slow development even farther and root growth will also be reduced. I would discourage wholesale removal of roots in the vicinity of the broken foundation (or anywhere in the vicinity of these-trees). A better course of action - both for the health of the tree and for the longevity of new pavement - would be to carefully prune away offending roots while leaving any non - offending roots in place. The new pavement should be adequately engineered to accommodate root activity. This will require inclusion of reinforcing hardware in the foundation material. I hope the information contained here and the discussion we had in the field on September 15` is useful in your administration of this claim.- I remain available to further discuss these and other related matters at your cohvenience. Thank you for the opportunity to assist with this project. Sincerely, 141;4z"4a� Michael T. Mahoney, Registered Consulting Arborist C rr ofC� .A. o�SG /��. 0 SCA Cr 1� y 'Yl0. ,5� M