Loading...
HomeMy WebLinkAboutS33 - Tree Decision - 2118 SerranoApril 12, 1999 Item # S33 MEMO DATE: April 7, 1999 TO: Mayor Dennis O'Neil Council Member John Noyes Council Member Jan Debay Council Member Tod Ridgeway Council Member Norma Glover Council Member Gary Adams FR: Mayor Pro Tem Tom Thomson RE: April 12, 1999 supplemental consent calendar S33 re: G -I policy and PB &R Commission decision of April 6, 1999 concerning 2118 Serrano, Newport Beach. Dear Mayor and Members of the City Council: I am recommending the attached actions based on a decision by the Parks, Beaches and Recreation Commission on April 6, 1999 concerning one of our residents, Jack Flowers, • owner, 2118 Serrano, Peninsula Point, Newport Beach. I was drawn into this situation in early February by a mutual friend of myself and Mr. Flowers who was concerned about the process Mr. Flowers was being put through by the City's tree policy regarding a tree adjacent to his home. At that time I contacted Mr. Flowers and Dave Niederhaus, Director of General Services. • The issue evidently began approximately eight months ago, when Mr. Flowers requested removal of a tree in front of his home that was damaging the stonework in the parkway. He personally had witnessed several falls by children on the parkway caused by the damage of the tree at that location. He paid the City $200 for transplanting the tree. He waited in vain more than three months with no progress toward the promised removal. Finally, being frustrated and worried for the safety of people on the sidewalk and, at his own expense, he had three trees removed and replanted in their place Norfolk Island Pines that he noted were elsewhere in the neighborhood. This type of tree, even after maturing and growing for many years, was not damaging the sidewalk or causing a mess with droppings. Then, the Parks, Beaches and Recreation Commission notified him that he had run afoul of an official City policy. It was at this point the matter was brought to my attention. I requested a meeting involving Daniel Ohl, the Deputy City Attorney familiar with the Flowers "case," and Mr. Niederhaus. ...Sw.•v. �9,:s:�n.t- � -:t�A �. -.}.� 'f�'%.x.....:,.}b ++¢aTww` .n..YE_ -.: p'.?:- :%4a.�+.... ���'s+Yf'��TY.:76A- �-ik�A. At that meeting, we worked out a plan of action that Mr. Flowers would be required to complete in order to solve the issue to everyone's satisfaction. Mr. Flowers was to: a.) Obtain a written note of approval from each owner on his street (there are four other owners) asking that the Norfolk Island Pine be designated as an additional tree (in addition to the official designated tree) for the street; b.) Pay the city the replacement cost of the trees that were removed (approximately $800); c.) Obtain the written approval of the president of his homeowners association that the Norfolk Island Pine would be an additional designated tree for that street; and, d.) Sign a letter of financial responsibility for any damage his trees might ever do in the future to the sidewalk or any affected area. As of March 30, as evidenced by the correspondence in the full Council report, all these requirements have been fulfilled by Mr. Flowers. Subsequently, on April 6 the PB &R Commission rejected the agreement in total. Therefore, I request a common sense solution to this issue by: 1.) Overturning the PB &R Commission rejection of the agreed -to solution for 2118 Serrano and 2.) Temporarily suspending portions of the G -1 policy except Section C & E under "All Other City Trees" which relate to similar issues during a review period not to exceed 180 days. This temporary suspension would not affect routine City functions such as removing diseased trees and continuing beautification projects. This recommendation will postpone any further tree removals and reforestation projects in the City. 0 • PB &R Commission Agenda • Item No. IV -- 10 April 6, 1999 TO: Parks, Beaches, and Recreation Commission FROM: General Services Director SUBJECT: Change of Designated Parkway Street Tree Recommendations To approve a request for change of designated parkway street tree on Serrano Avenue from Magnolia (Magnolia grandiflora) to Norfolk Island Pine (Araucaria excelsa). Discussion Staff received a letter from Mr. Jack Flower's dated March 8, 1999 requesting a change • of designated street tree for Serrano Avenue (Attachment A). The attached also includes petitions from the affected property owners, indicating their endorsement of a street tree re- designation. Additionally, Mr. Ralph Bernard, President of the Balboa Peninsula Point Association (BPPA) supports the change of street tree to the Norfolk Island Pine. Messrs. Flowers, Bernard, Owen, and Means have received a copy of this report and a notice of the April 6 Commission meeting. Very respectfully, David E. Niederhaus DEN /MGL /pw Attachments: A. Mr. Flower's letter dated March 8, 1999 Tr ... ; March 8, 1999 City Hall City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 Re: 2118 Serrano, Newport Beach Enclosed please rind my check for $686.64 as agreed to resolve the question concerning the trees in the front and on the side of 2118 Serrano, Newport Beach. I hereby request that the Norfolk Island Pine be designated as an alternate tree for Serrano. My understanding is that the foregoing, along with the attached petition from residents of Serrano and the president of (lie homeowners association, Ralph Bernard, concerning the type and placement of the trees in question will resolve (lie issue. Thank you for your attention to this matter. I look forward to having the issue behind us. Yours truly, t28 owers rrano 310/830 -5910, x121 (Office) JSF /pef Enclosures: Check No. 5458, Petitions (J.Owen) & (Edward C. Means III) r6 • Ll E PETITION City Hall City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 To whom it may concern: March 5, 1999 I, the undersigned, a resident of Serrano Avenue in Newport Beach, hereby make my support known for allowing the trees currently planted on parkway of 2118 Serrano Avenue, the Norfolk Island Pine, to remain and be designated an alternate tree for the street. NAME t ., Jane Owen ADDRESS 2110 Serrano Ave. PHONE 949/673 -1510 o I ...: �,�..*' .��.,�� -.,:". '? . ,.4s. vim'_' . _�,. •.;.., +:;.�4e> �:.,,.� - �- .� _: � i�.� ", xr_ _ - PETITION City Hall City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 To whom it may concern: March 5, 1999 I, the undersigned, a resident of Serrano Avenue in Newport Beach, hereby make my support known for allowing the trees currently planted on parkway of 2118 Serrano Avenue, the Norfolk Island Pinc, to remain and he designated an alternate tree for the street. NAME Edward G. Means III ADDRESS 2100 Serrano Avc. PHONE 949/675 4964 f` • • P.O. Box March 4, 1999 City Hall City of Newport Beach Newport Beach, CA 92663 -3884 Re: 2116 Serrano Avenue, Newport Beach To Whom It May Concern: 92661 ? r i As president of the Balboa Peninsula Point Association, I wish to voice my support for designating the Norfolk Island Pine as an alternate acceptable tree for Serrano Avenue. After observing the trees planted on the parkway at the referenced residence, my conclusion is that the Norfolk Island Pine is neither a practical or esthetic negative for the surrounding neighborhood. • Thank you for your attention to this matter. Ralph Bernard President (949) 675 -0375 I/ 04/02/57 ..::J PuO. _ .O ruB, COPY CUnico rorporauon2i -K< WAWWAVE..V.O. BCX 30F. WX,MAarom. G W749 N07 M49%0 Much 30,1999 Mt. David E. Niedeprhm�s General Savioes D %tctor City of Newport 3300 Newport Bou' and Newport Beach, Cn� 92658.8915 Dear Mr. Niaderha rs, A3 a condition of tesigaatiog the Norfolk island Pine as the sued tree for Surano AvcVA I agm to,ass=e any fvh= costs for landscape damage (sidewalks, eurbs. and gutters) that rt,,Ml% from the tree roots of the trees I have planted in the gateway. 3 Flowers Serrano Ave" FAX LMS: AJ6MWISTflATPO14 WO) WW • SALES 010) 934513- • CC 13107 114.446- • • 0 ' • PB &R Commission Agenda Item No. V — I Y March 2, 1999 TO: Parks, Beaches, and Recreation Commission FROM: General Services Director SUBJECT: Tree Removal and Planting Appeal Recommendations Request the restitution of $868 from Mr. Jack Flowers for the value of three City Magnolia parkway street trees that were illegally removed by him. Additionally, direct staff to remove three Norfolk Island Pine (Araucaria heterophylla) trees within the parkway at 2118 Serrano Avenue that were illegally planted by Mr. Flowers, by admission, at the property owners expense. • Direct staff in an appropriate course of action regarding the illegal planting of Sago Palms within the parkway also at 2118 Serrano Avenue, planting party and date unknown. Background Mr. Jack Flowers requested the removal of one City parkway street tree located adjacent to his residence, by fax dated February 17, 1998 (Attachment A). The Urban Forester and the Park and Trees Maintenance Superintendent reviewed the request on site in February. Subsequently the Urban Forester completed a Tree Inspection and Tree Appraisal Report (Attachment B). He noted the tree was healthy with no apparent property damage and as an alternative to tree removal offered to have the tree root pruned to minimize any property damage, once the stone paving was removed. His letter of May 22, 1998 informs Mr. Flowers of the removal denial and offer, and also of his option to appeal staffs decision to the PB &R (Attachment Q. Discussion . Mr. Flowers's letter dated May 22, 1998 indicated his intent to remove the trees at his expense and forward the bill to the City and his Attorney (Attachment D). On September 29, 1998 Mr. Flowers, in opposition to the General Services Director's letter of June 4, • and his agreement to accept relocating one Magnolia tree at his expense, removed three City Magnolia parkway street trees with a total value of $868.64. He also illegally planted three Norfolk Island Pine trees as replacement trees (Attachment E). The designated street tree for Serrano Avenue is the Magnolia tree. The General Services Director's response letter dated June 4, 1998 reiterated Mr. Flowers options which included hardscape removal and root pruning, as an alternative to tree removal, or offered to relocate the Magnolia tree to a nearby location at Mr. Flowers' expense. Mr. Flowers had agreed to the relocation offer and forwarded a check in the amount of $200.00 (Attachment F). Thereafter, Mr. Mueller, representing Mr. Flowers, was apprised of the decision to relocate the Magnolia and advised of the details to transact the relocation, which included sawcutting the stonework. Mr. Mueller indicated Mr. Flowers wanted the larger tree (tree site # 3) removed and the stonework was not to be sawcut. Subsequently the Urban Forester indicated this was not possible and Mr. Mueller called the General Services Director, September 29, 1998, note comments (Attachment G, page 2). Thereafter, Daniel K. Ohl, Deputy City Attorney corresponded and met with Mr. Flowers • to attempt to resolve these issues (Attachments H, I, J). Mr. Flowers then requested an appeal before the Commission (Attachment K). Additionally, staff has also determined that there are three Sago Palms (Cycas revoluta) that were illegally planted at an unknown time in the parkway on the Granada Avenue side of Mr. Flowers property, without City approval. The designated street tree for Granada Avenue is also the Magnolia tree. Mr. Flowers has received a copy of this report and a notice of the March 2 Commission meeting. Very respectfully, L David E. Niederhaus DEN /MGL /pw �J COY ` • Attachments: A. Mr. Flowers's fax dated February 17, 1998 B. Tree Inspection Report and Tree Appraisal Report C. Urban Forester's letter dated May 22, 1998 D. Mr. Flowers's letter dated May 22, 1998 E. General Services Director's letter dated June 4, 1998 F. Mr. Flowers's check dated July 22, 1998 G. Police Report # 98 -10114 dated September 29, 1998 General Services Director's memo to Deputy City Attorney dated October 15, 1998. H — K. Deputy City Attorney's letters to Mr. Flowers dated November 6, 1998, November 18, 1998, December 8, 1998, February 5, 1999 cP� '� ��w�&1 :�s4�_ 'YM. - ..iRY.�• "�9pK• `1,�••��1Y�ii�^�.:y:�Y' +�Yi�S3iYx�:i4..�aL. ... _ .:iA'.. / y- t1S0 - () 2y? —OF eff CU nico corporation P.O. BOX 308, WILMINGTON CALIFORNIA 90748 • U.S.A. RECEIVED FEB 17 1998 FITTINGS VALVES • FLANGES GS )'A8KS/T8F!7 �,• COPPER NICKEL • ALLOYS 400/600/625 • STAINLESS STEEL •6 MO • NUCLEAR STEEL • TITANIUM TEL: (910) 8303910 FAX: (310) 830 -4007 - Adminlstratlon FAX: (310) 8303734 - Saga FAX: (310) 518- 4464.O.C. TO: ATTN: FROM: REF: MARKETS •U•MAR.E.ww• 3R PEfR0C1EM0AL•N=EAA . , .. 4 fSzoz/.j Y-- • 9 G, u CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT TREE INSPECTION REPORT Name: Mr. Jack Flowers Address: 2118 Serrano Avenue Phone Number: (310) 830 -5910 Request: Remove one Magnolia parkway street tree due to property damage (stone pavers) on Granada Avenue side of property. Botanical Name: Magnolia grandiflora, middle tree, tree site # s -2. Common Name. Magnolia tree Designated Street Tree: Magnolia grandiflora Estimated Tree Value: Total Value = Tree site # S -2 = $122.16 per attached appraisal report. (Note: value of all 3 Magnolia trees totals $868.64) Damage. Stone pavers within the parkway damaged. Parkway: Concrete Brick Turf Other X Comments: A field inspection determined tree was healthy. Damaged stone pavers could be removed and tree roots pruned to minimize any property damage as an alternative to tree removal. Inspected by: Date: February 26, 1998 Recommendation: Retain tree and root prune once damaged hardscape has been removed. Reviewed by. Date: February 26, 1998 7� ..� s . �,�} � - -� .- )(� r _l,by.�?SN3m d° a..,«m.... U a w m H I.L a w z LL O H U z w a a w a cn w U w J w z w 0 0 c M d N N N v v ZO E N cr c a m c 0 O CL d K d U O CL J a 9 CL CL a w w a' H W LO N 7 N J IT N (mD ¢ (Al — D co > fA (A (A r 0 U) N N o V N m 0 ~ J U 00 O U J z O N N m a0 r N H N c n N n ES¢ o (D (D OD U ao (a O U z 00 m N O rl-� O�(P N V O W o m m m (n�o U W �! o am U) U) J U OJ m N W r a0 (O ' y J 0 rn ¢ ¢ 00 Un 0 m> w M M z c c c w w y U O J� a w o 0 =m0 i o `r UN— z K w U O N U) z(V r p Q F N M _ N W p o @ i! U °cam W ca m c v a im (� 7t 0 0 9 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 May 22, 1998 Mr. Jack Flowers 2118 Serrano Avenue Newport Beach, California 92661 Dear Mr. Flowers, Your request for the removal of a City parkway tree has been reviewed and examined on site. Since a concerned citizen recommends the retention of the tree in accordance with the attached City Council Policy G -1, your request has been denied. Staff has determined that the tree could be root pruned to minimize any property damage as an alternative to tree removal. • If you disagree with this decision, your recourse is to appeal the decision to the Parks, Beaches, and Recreation Commission for further review. Do not remove any trees. If you remove any City trees, the City will pursue restitution for the value of the tree as established by the City Urban Forester. If you wish to appeal the decision for retention, please send a letter within 15 days to David F. Niederhaus, General Services Director, Post Office Box 1768, Newport Beach, California 92658 -8915 in order that your appeal can be included on a future Commission agenda. Please contact me at 644 -3083 if you have any questions. Sincerely, John Conway Urban Forester JC /pw Attachment 3300 Newport Boulevard, Newport Beach 7 �' cunico corporation 21,4RIIAWAIIANAVE.• P.O.0OX9oa 9 WILMINOT014eA90749 -0206.1316is3o6n1o. rAxl21o)a2oaoo7 • JACK a. rLOWEna OAMDEMT May 22, 1998 City of Newport General Services Dircotor Park and Trees Divisions P.O. Box 1768 Newport Bcach, CA 92658 -8915 Alto. Mr. David B. Niederhaus via - certified mail Subject: Removal of tree at my residence: 2118 Serrano Balboa, CA 92661 1 am truly amazed that the City of Newport Deaclh denied the removal of it tree. (on the Granada St. side of my home). The subject tree receives more water front our sprinkler system and has therefore grown ton tmhcs the size of the other (2) similar trees planted twelve feet away ttont the tree targeted for removal. The subject tree has become a dangerous hazard since it has caused surrounding cement to crack and break -up, thereby causing a skatebual ddr (today around 9:00AM) to fill into the curb /street resulting in several cuts and abrasions. The skateboarders will continue to skate around the copier, jump tho • curbs, etc. and sooner or later one of them is going to be very seriously injured, resulting in a lawsuit against the City of Newport Beach. J will inform the parents of the child that the city is refusing to remove the tree and repair the surrounding area which will only get worse as this tree continues to grow. The subject tree was going to be replaced by a similar tree with a plastio "barrior protector" to slow down the growth of the root system. Alternatively, If the city continues to retbse to remove the tree, then I will have the tree removed at my expense and Insert a replacement tree (Banjo type) in its place, and I will send the bill to the city and my attorney - Mr. Fred Pardw T.sq. - will commence a law suit against the City of Newport Beach. Si cerely, J k S. Flowers JSF /cjo cc: • John Conway - Urban Forrester Fax# :949/650 -5643 • Mr. Fred Pardes - Attorney • 73.,4.. CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 June 4, 1998 Mr. Jack Flowers 2118 Serrano Avenue Newport Beach, California 92661 Dear Mr. Flowers, This letter is in response to your correspondence dated May 22, 1998 regarding a City parkway street tree adjacent to your residence. Your request to remove the tree has been denied in that it does not meet the criteria for removal as per the attached City Council Policy G -1. City staff have re- examined the tree and have determined the tree to be healthy and could be root pruned to minimize any future property damage as an alternative to tree removal. City crews will remove the damaged hardscape if you agree to root prune the tree. As • another alternative, the City could transplant the Magnolia tree to a nearby location. However, the relocation option would be at a cost to you of $200. The replacement of the hardscape is your responsibility as per City Council policy. • Please contact John Conway, Urban Forester at 644 -3083 if you want to pursue transplanting or root pruning the tree. Sincerely, David E. Niederhaus, Director General Services Department DEN/MGUpw Attachment 3300 Newport Boulevard, Newport Beach J JACK S FOWERS , 214 HAWAIIAN AVE WILMINGTON, CA 90740 5315 '7 Z Z � 1161/I7t�0 O/rdcr Vf � f - 00.0(7 6 w« in eel ' Hl Bank of America Custoioer inre wnminplon BI1a�n •oeae 976 951 No,Ih Avalon Boolavald Wllminplon, CA 907" 1310) ee4 -1370 I For s:12200066 i1:5 3 151110636611101 2 ' u 7s ' IN EWPORT U 11 Pte In v i MINT ION Of: ❑ TELEPHG.NIC ❑ BRIEFING DR N0. ❑c I ❑vNl UN E R ERE OVAL s6 -1o11a ❑ cSU Location of Occurrence RD Date & Time Reported to PD Connected Reports -Type & OR 2'i1R SERANO 11 9/29/98 1600 NONE I Oc On Wee Mo /dy /yr Day Time Mo /dy /yr Day Time Stolen /lost Recovered Est.Dam. ArsonNdlsm Or 9/29/98 Tue 1600 & $ $ $ 1,600.00 Last Name (Firm name if business) First Name Middle Dob Age Sex De Hgl Wgt Hair Eyes CITY OF NEWPORT BEACH Residence Address City State Zip Res. Phone 3300 NEWPORT BLVD NEWPORT BEACH CA 92660 644 -3083 V I Business Address City Stale Zip Bus. Phone C T I Victim's Occupation ndition Veh. Lic. No. State Year Make Model Colors) M Notifications- Person Ei, Victim Advised of Confi dentiality Provisions Per 293 PC? O Yes O No CITY OF N.B. URER J. CONWAY Victim Desires Confidentiality? O Yes O No Domestic Violence Related? O Yes O No Gang Related? O Yes O No Hate Crime? O Yes O No Alcohol Related? Weapon Involved? O Yes O No Weapon Involved? O Yes O No Weapon Involved? O Yes O No O Yes O No Name If Known - Booking NO. & Charge If Arrested (List Additional Suspects In Narrative) Dob Age Sex Desc Hgt. Wgt. Hair Eyes FLOWERS, JACK 7 -21 -37 61 M Address City State Zip Res. Phone Bus. Phone S 2118 SERANO NEWPORT BEACH CA 92661 673 -8035 (310) 830 -5910 U Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon (Threats.Force.Simultd Gun, Etc) If Knife or Gun, Describe: S P E &ng - Additional Descriptors Additional Suspects? O Yes C iT (List on Page 2) O No Veh. Lic. No. State Year Make Model Type Color(s) Inside Color(s) Modifications Damage - Additional Desc. Involved Persond Codes' V- Victim R -Re ortin Person W- Witness D.Dmco".na Person P. Parent Code Name Residence Address City State Zip R Conway, John 3300 NEWPORT BLVD. NEWPORT BEACH CA 92660 Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone 644 -3083 Code Name Residence Address City State Zip Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone M.O.- SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY THIS SUSP.(Use reverse side fw additional narrative) Burg: ❑Force [3 No Force Suspect hires tree removal firm to remove (2) city trees from the parkway in front of his residence, without city authorization.. LOSS: 1. (2) 20' -25' SOUTHERN MAGNOLIA TREES EST. VALUE $800.00 EACH, TOTAL LOSS $1,600.00 t • 7( Su rVIS ving I. Investigating Officers) ID No. R.STEPHENS 205 Signature of Reporting Person D e& eproduoed BPD Farm 3.1 (Rev. 5.97) ♦. _ i ` t�_xw f..=.. iY' PV+ L. lh8�4jv1�� +h."d+d.'WAFMI�'i9i0HdNL&- NEWPORT BEACH POLICE DEPARTMENT Page No. Type of Investigation DR No. 2 UNAUTHORIZED TREE REMOVAL 98 -10114 (1, Adilional suspects, victims. involved persons. (2) List stolen /recovered property. (3) Reconstruct the occurrence: Include all elements of the crio... (4 ) Describe any evidence, inducting prints, stale locations found and by whom. Give disposition. Item Quan. Article Brand SModel Serial No. Misc. description (Color, Size, Dollar Value No. Inscriptions, Caliber, Etc.) I was contacted by the City of Newport Beach Urban Forester, John Conway, who reported this incident. Conway reported that Susp. Flowers had placed an application with the city requesting removal of two magnolia trees from the parkway in front of his residence. Conway told me that the removal request was denied. On 9/29/98 at approx. 1530 hrs. Conway received a complaint that the trees were being removed without permission. Conway responded to the scene and discovered that the two trees had been removed. The tree removal service was just completing the job and was unaware that a city permit was needed to remove the trees. Susp. Flowers was not at home, however his wife, Roxanne Flowers, told me that she thought her husband had received city approval for the tree removal. Tree removal service info. Chano Camarillo Tree Removal Service, Orange Ca. Ph. 568 -7866 Job Foreman: Eslaban Ramirez CDL# A6564561 Veh. 1971 Ford stake bed truck Cal. Lic. 5H67604. This report was taken at the request of N.B. Urban Forester John Conway ��11i1 2-`�' j �1 a :.cti• tom\ C:. AJ �"M . �E�,. Jam%— }p- �Ln:���� � . �— l•C.�- .:<,� -L �'�� —L \,Jr•_i J--� I `` .�}..- fi1'�JC�- C -a -1 --�-•� 1..:'��L�:l+t.•� tirr�Try -i.� . U 1 77 >u ervisor Approving ID No. Reporting Officer(s) ID No. Z-- R. STEPHENS 205 13aDFvm 1.15(Rev. 14 %1 J "1 �.' . :IrV .+ [ cr r,�n�Ti�,'� �}�� VfYY• C �AjY �dA�1� � Ip PRS "Y� J�j f ft'AV : 13r�,YryJ 3 t r4 f .Z .nt sr�y'l,j It it Ns ✓•Q A t , +t t r'y � "`t>f •'� .Gtr' +4 � 'i .f". 1} '�r��''�.r r \ i� if ryc •�1t.:�:,.91 �i�w.��LL #�}�.��\[T. �tr- �� rt 'yt r.y,r11�A}: . rr, >,,Nr -lri °. wY:., ii. �.A-h: µ±'?ti„•.)ti9'f: r- )11— 1 dj� t t.- 5 a ►i►� m !. Date: Oc tollcl 15. 1991 fu: DCpun•('uciVlorncy Prom. General Services Dircool subject: Illegal rice Removals f he Urban Forester was notified on Scplcmbcr 29, 1995 Mal three City Magnuha parkway Irccs \ccrc hcint,, removed (pho(os attached) at 21IS Serrano Avenue. The Police Dcparuncnl also responded to the location (police Report DR No. 95- 10114) to mvesligar the inCtdcnl Additionallc• stalT Cut) I'll mtell with (he public \VOI'kS Department that Ihere was no linCruachmcnl Permit issued to allow the removal (it tile Ihrcc bees. I he value ul the ,Nlacnolia ores that were rclnuved A SS6164 per Ills attached lire • Appraisal Itcporl Mr Jack r lomyers. the property owner. had !cell advised hr (he attached Icucr dated May 77. 1995 not to remove any Cily Trees. Further, Ills representalive called Inc [lie day of t!e tree removal to imyuirc of the probable circumstance should MI. I lowers decide to remove the trees. it you have any questions re irding Ibis mauler, please contact John ( unway, Lillian Porester al CNICIISlull 3053. David E. Nicdcrhaus D1 N(. (jm Anachnlenl • CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3131 November 6, 1998 Jack Flowers 2118 Serrano Newport Beach, CA, 92661 Re: 2118 Serrano, Newport Beach Illegal Tree Removal Dear Mr. Flowers: This is a follow up to my letter of October 21, 1998 to which I have received no response. I will, once again, attempt to resolve this matter with you in hopes that court intervention will not be necessary. As indicated in my prior letter, you have removed City trees from City property •without the consent or permission of the City. It is my understanding that you made a request to the City to remove the trees and that request was denied. Unfortunately, you chose to remove them anyway. As a result of your actions, an appraisal was done to determine the value of the removed trees. I enclose another copy of the Tree Appraisal for your review. • Demand is hereby made that you forward a check payable to the City of Newport Beach in the sum of $868.64 within ten (10) days of the date of this letter in order to avoid further action by this office. ---� A Daniel K. Ohl Deputy City Attorney DKO:krs Enclosures cc: David E. Niederhaus, General Services John Conway, General Services F: \Cal\ Shared \C odeEnf orce \Flowers\Leller\JF demand2.doc 3300 Newport Boulevard, Newport Beach . IA CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3131 November 18, 1998 Jack Flowers 2118 Serrano Newport Beach, CA, 92661 Re: 2118 Serrano, Newport Beach Dear Mr. Flowers: .I tJ RECEINIEa NOV 2 41998 0:'ENLhAL of xiV llil.S Thank you for your telephone call of November 18, 1998 relative to this matter. After hearing your chronology of the events, I will be in contact with Mr. Conway to see what, if anything, we can work out relative to this matter. Unfortunately, Mr. Conway is on vacation and will not return from vacation until December 1, 1998. 1 will be in touch with you after that date. Thank you for your anticipated courtesy and cooperation. I I Daniel K. Ohl Deputy City Attorney DKO:krs cc: John Conway, General Services F: \c atlSha red \Code Enforce \Flowers \Let lerUFconft e I econv. doc M 3300 Newport Boulevard, Newport Beach • u u • ! 1 t CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY December 8, 1998 TO: John Conway, General Services FROM: Daniel K. Ohl, Deputy City Attorney RE: 2118 Serrano, Newport Beach (Flowers) Please contact me at your earliest convenience relative to this matter. Perhaps it would be beneficial to have an office conference with Mr. Flowers to discuss this matter in greater detail. He seems quite amenable to working sometime out but appears to want to vent his frustrations. • DAN EL K. OHL Deputy City Attorney DKO:da F:\ Cat\ Shared \Code Enf orce\ Flowers \Memo\J C se tofficeconf.d oc e q- CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOY 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3131 February 5, 1999 Jack Flowers 2118 Serrano ('� u" G J jJ�v Newport Beach, CA, 92661 i Re: 2118 Serrano, Newport Beach Dear Mr. Flowers: Following our telephone discussion on January 28, 1999, you have indicated that you wish to appeal this matter to the Parks, Beaches & Recreation Committee for further review and consideration. The next hearing date will be March 2, 1999 at 7:00 p.m., in the Council Chambers. In the interim, the trees you have planted in the parkway will remain until the Commission renders its decision. In the event that you have any information which you wish the Commission to consider, it is highly recommended that you have that information to Mr. Niederhaus the Wednesday or Thursday before the Commission meeting in order that they can copy their materials and distribute them to the members for consideration. Please contact the undersigned should you have any questions or comments. Thank you for your cooperation regarding this matter. " � - a CL- Daniel K. Ohl Deputy City Attorney DKO:da cc: David Niederhaus, General Services John Conway, General Services Marcey Lomelli, General Services p r_ r �- tN r C: n F:1 Cat\ Shared \C odeE nforcelFlowe rslLetlerU F a ppea I.doc FEB 0 8 1999 3300 Newport Boulevard, Newport Beach 3,S fr� • • 1• r p r / oC / 9q / 9Q' / 1 / bit / ZOIZ 001 I 1 I IZOZ OZOZ 1 I 9tOZ 11 910 W 1 6002 :i 1 Zl0 i 900 1 OoOZ i 1 900 �---0 _ -1 f161 ''"'• Zo6l i 6061 i ua.o-a luny l ~ L06L 9061 I v o a a o E061 I— •— L89tla6- - }--- +— M---+J fl9l I Zl9l L091 9091 6091 fool o 1 0 1091 I- ^198tlt8 •— r »— +--- f --•- -• I flLl - N N llLl o I 60L1 I o t I LOLL I IOLI I - .- as9tlas � l- •--r -- Ll9l � 9191 5191 6l C191 Z191 6091 0191 L091 I 90 9091 1091 I ZO I o 1 I—•—i 99tl16 -•-- • —p ^•—� 666 a s a a v a a a a a a a 9ZOZ 1402 a LfOZ a s a a v a a a a a a a 9ZOZ a a If OZ a t a a a a a a a a a a 9ZOZ