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.
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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)
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•
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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
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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
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` • 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
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P.O. BOX 308, WILMINGTON
CALIFORNIA 90748 • U.S.A.
RECEIVED
FEB 17 1998
FITTINGS
VALVES •
FLANGES
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• ALLOYS 400/600/625
• STAINLESS STEEL
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• NUCLEAR STEEL
• TITANIUM
TEL: (910) 8303910
FAX: (310) 830 -4007 - Adminlstratlon
FAX: (310) 8303734 - Saga
FAX: (310) 518- 4464.O.C.
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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
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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
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Wllminplon, CA 907" 1310) ee4 -1370 I
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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.
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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
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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
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>u ervisor Approving ID No.
Reporting Officer(s) ID No.
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R. STEPHENS 205
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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
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