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HomeMy WebLinkAbout30 - Tree Removal Appeal, 2327 ArbutusJune 28, 1999 Agenda Item # 30 To the City Council of the City of Newport Beach: R ` C E a' V E MD Re: APPEAL OF DENIAL BY THE PARKS BEACHES AND RE , AMM P12:03 COMMISSION OF A REQUEST FOR REMOVAL OF A CITY TREE IN THE PARKWAY AT 2327 ARBUTUS C. 'iC.E: Gi CITY C,1_tkii Dear Members of the City Council: During the original City Council hearing of April 12, 1999 on our appeal from the PB&R Commission's denial of our request to have a thirty five foot Brazilian Pepper tree located in the City parkway in front of our house removed and replaced, our Councilman, Mr. Gary Adams suggested that he could support our appeal if we could obtain signatures from a significant number of our neighbors indicating that they had no objection to the removal of the tree. Councilperson Glover concurred in that suggestion and indicated that she would support Councilman Adams' position on the question. Two members of the City Council were openly in support of our appeal and, it appeared that the remaining members of the Council supported our appeal but, deferred to the position taken by Councilman Adams. Our appeal was then continued for two months (to the meeting of June 14, 1999) so that the Council could review its G -1 policy and, to give us time to obtain signatures from our neighbors. Attached to this letter is a Petition signed by TWENTY TWO of our neighbors indicating that they have no objection to the removal of the tree. There are a total of twenty eight homes on Arbutus street where we live. Twenty of our Arbutus neighbors (78% if you include us in the total) have signed the attached Petition plus, two neighbors from Aleppo Street which is at right angles to Arbutus on the north. The two Aleppo neighbors have a view from their respective properties, due south down Arbutus toward the tree in question. We have also attached a map of the area indicating with Xs and blue coding, the locations of the consenting neighbors' lots in relation to ours, coded in red. I believe we have satisfied every condition, order, and suggestion required of us and therefore, suggest that, to speed things up and to avoid further embarrassment to all concerned, that our appeal be approved as a Consent item on the Council's agenda for its meeting on June 14, 1999. Whether our appeal is a Consent item or not, I will be present and will attempt to respond to any further concerns of the Council or staff. Thank you. 0 city Ima2 &ARKER 6AME-S M. PETITION The undersigned are neighbors of Jim and Marie Parker who reside at 2327 Arbutus in Eastbluff. This Petition is directed to the City Council of the City of Newport Beach. We are not opposed to the Parkers' application to the City for the removal and replacement of the Brazilian Pepper tree located in the parkway in front of their home. SIGNATURE PRINTED NAME ADDRESS DATE k 2[ Arbutus May 13 1999 p- ✓o� n dy Z Z Z6 Arbutus Mayj, 1999 i a44 e Krcf% X: ^Arbutus May 1999 l^, J t (eve mOr., �3Arbutus 4, K A V .,I2, r% Arbutus l,Q u a 3A y Arbutus Q ICNA+eD t_uCH+es Z3 3 3 Arbutus May 3 1999 Mayl.- , 1999 May y 1999 May S 1999 Ada'. �n UA CA VnLL AA ADO file May , 1999 44t— Arbutus MayLj , 1999 0 0 0 PETITION The undersigned are neighbors of Jim and Marie Parker who reside at 2327 Arbutus in Eastbluff. This Petition is directed to the City Council of the City of Newport Beach. We are not opposed to the Parkers' application to the City for the removal and replacement of the Brazilian Pepper tree located in the parkway in front of their home. PRINTED NAME ADDRESS Arbutus VA S 3 3 Arbutus / " " A,,- 150,4 S �s z 3 3 7-- Arbutus rvN2 oRu�y DRWY A5,V Arbutus c2.3;? Arbutus SAMUC-LSHAeL) ,%/ I Arbutus Ana SGSAk3 &0M0- -1334 Arbutus DATE May 16" 1999 May, 1999 May N 1999 May, 1999 May Ito., 1999 May jg 1999 Mayjg 1999 �Axb4Vm May 1?i , 1999 �� r9'lrlro K Bot?t 2167 Arbutus May—IL 1999 PETITION The undersigned are neighbors of Jim and Marie Parker who reside at 2327 Arbutus in Eastbluff. This Petition is directed to the City Council of the City of Newport Beach. We are not opposed to the Parkers' application to the City for the removal and replacement of the Brazilian Pepper tree located in the parkway in front of their home. PRINTED NAME WIF. 1.0? 06 Arbutus "V6'- Arbutus MA9; id c� tj ' Arbutus �fSK C� �rSK V� MIOA15V :)C.o1 f@ �f C5 L- 013 18 Arbutus Of 3 / F Arbutus (-� Arbutus 22 12-/ Arbutus 2�2— 1. Arbutus DATE May, 1999 May ,� , 1999 May, 1999 May& 1999 May�� 1999 Mayes, 1999 May Z3, 1999 Mayj7Z 1999 f fit[ Ut2�()`� V i9 % O Arbutus May , 1999 Kaujabol s 0 0 PETITION The undersigned are neighbors of Jim and Marie Parker who reside at 2327 Arbutus in Eastbluff. This Petition is directed to the City Council of the City of Newport Beach. We are not opposed to the Parkers' application to the City for the removal and replacement of the Brazilian Pepper tree located in the parkway in front of their home. PRINTED NAME ADDRESS DATE ��T,t -► ���/'�• Xl3T' Arbutus Mays , 1999 Arbutus May. 1999 Arbutus May_, 1999 0 Arbutus May. 1999 Arbutus Mayes 1999 Arbutus May_, 1999 Arbutus May_, 1999 Arbutus May_, 1999 Arbutus May 1999 91549 a k 4 Y i 3�1 a g p � did �. • _ � i p ©• c �9 4 sn >n9S b� bls m y 1 Y a dA /d01. O. 'p �•:.`. is ._�. ,: •.• -;Ye O Y :: � a•'� v . JM! /' >alot` o• m.X' v • JGii' JJJN MA Is' z JAMBOREE �' w ROAD I , , • � � � Yea = �� .� � '� � +,d y 'aaz 03µ Pk JOYCE SILM.ER.1SS.4 ��:918 li7aa "v::c. .. l think tliat'.I shall never SOH'"' A poem lovely is tree.`=' == _ -� .,zs L' "�:�i:1�'�v-zt7 -rsa�"J.Rr+r.r ••. �'.: T• �: A tree ~whose Tiungry mouthup, Against the "earth s -_sweet�fowirig /b; A tree that looks at God aIl d_ay ,_:=3 arms tQ y �Y., - = And lifts her .l.�e�afy .. ' +:. C- -LVi��7,',.ehf+!i1YY�wfd♦4'q� �JS "{�,Zi��:>4�.yr.�. A tree thai' may_ za summer .wear A hest of robins _ y,Y s. • /-N Y/ I.rti ti ay. iaR:��T.�sT���tJ Upf* whose bosom snow. Wh intimately lives with"iauL, o..:.. Y• Poems are made by_foo7s le m:� - But" God can" malts a tree.'.y yh_ a- .i . Meeting Date: June 28, 1999 Agenda Item No.: 30 Subject: TREE REMOVAL APPEAL — 2327 ARBUTUS AVENUE (contd. from 4/12/99). ALSO refer to City Council Agenda Packet for the Meeting of April 12, 1999, ITEM NO. 31 for the Original Report or Backup Information on this item. Thank you! E TREE REMOVAL APPEAL — 2327 ARBUTUS AVENUE (April 12, 1999 Newport Beach City Council Meeting /Agenda Item No. 31) Current Business Verbatim Transcript Mayor O'Neil We're now at Current Business, Item No. 31. Madam Clerk. City Clerk Harkless Tree removal appeal, 2327 Arbutus Avenue. Mayor O'Neil Does any member of the Council want a staff report? Is the applicant here? Please come forward and present your case. This is an appeal of a decision of the Parks, Beaches and Recreation Commission to deny your request to remove a tree in front of your home at 2327 Arbutus Avenue. And I guess that decision was made consistent with Policy G -1. And you're asking for a waiver from G -1 to allow the tree to be removed. Present your case and say your name sir. James Parker Thank you, Mr. Mayor and members of the Council. My name is James Parker. My wife, Marie, and I are the owners of the home located at 2327 Arbutus and are the appellant here. We are residents of Eastbluff, in District 4. And Mr. Adams — Councilman Adams — is our Councilman, and we are his constituent. I've tried to supply all of you, or each of you I should say, with a copy of the package. And having reviewed it recently, I found that a couple of the photographs were reversed. So I call your attention to Figures 8 and 9 where were reversed. Not critical to the presentation, but I feel a little dumb about It because I didn't catch it in the first place. Gardening is a serious hobby of mine. I really do believe in the power of trees, shrubs, flowers, and surrounding nature to be ? (2969) to the human spirit. So I am not asking for the destruction of the tree, I'm asking for the replacement of the tree. And, of course, as I've indicated be willing to contribute to any cost differential in order to obtain a tree of appropriate size. Good husbandry requires that there be cultivation of plants, trees, shrubs, bushes, flowers; fertilizing; nurturing of these things; and trimming. Trimming both branches and roots. Removal and replacement of the dead and dying are required from time -to -time. And of growth that no longer fulfills the design promise of enhancing human lives. Now this tree is dirty. It's a Brazilian Pepper. I don't know if you're familiar with this tree, but I've become intimately familiar with the Brazilian Pepper tree. And it's dirty. It stains the sidewalk, it destroys the paint of cars that are parked in the curb under it, it has contributed to the replacement of the sidewalk throughout the entire length of the front of our home, it's broken the curb and the gutter — as you can see from the photographs that I've supplied to you. Water now ponds in front our home in the gutter. The City will continue to grind down the sidewalk that is uplifted — due - to danger to pedestrian and to the many children now populate our neighborhood — and their skateboards and one thing and another. It's located too close the both the water and the sewer that comes into our home. In fact, it would not be approved today in its present location under our current Code. The City has installed a sewer clean -out just a few feet from the tree because of the fact that we face, continually, an ongoing problem with Rotor Rooter over many, many years — who lived in that home for 27 years. And I can attest to that. The City will replace the broken curb and gutter now. That's been committed already by the staff. And they will do so again in 4 or 5 years when the tree, itself, has to be removed. And that also has been Page 1 of 10 Tree Removal Appeal at 2327 Arbutus Avenue Current Business Verbatim Transcript conceded by staff. So we're talking about replacing the curb and the gutter twice in the next 4 to 5 years; and the ultimate removal of the tree anyway. I've heard some concern about the precedence of allowing us to have our tree removed. The G -1 Policy allows for general reforestation on application by homeowners associations. The G -1 Policy allows for homeowners to seek redress of their grievances about trees before the PB8R Committee and before this City Council. So your own policy provides for precedence for the removal of offending trees. It's not a precedence to hear and decide tree issues brought under your own policy. So I ask that you not march in locked step. The precedence now, under Policy G -1, is to allow no tree removal. Is that the precedent this Council supports? I must say that I watched the movie recently, Saturday afternoon, about the attack on Pearl Harbor. And one of the scenes involved a B -29 crew flying in from the west coast landing in Honolulu — out of fuel, without any ammunition. And the attack was on. I feel a little bit like that tonight. The night seems to be the tree night. So maybe I'm that pilot, or maybe I'm just George of the Jungle. But I ask for your assistance and your help. We would like to keep a tree in front of our house, but not that one. I'll be happy to try to respond to any questions you might have or comments or hostility. Mayor O'Neil Thank you Mr. Parker. Council Member Ridgeway? Council Member Ridgeway Yeah, Mr. Parker, I first of all want to applaud you for being so brave to show up and testify tonight in light of all the previous testimony. And I appreciate your testimony and I appreciated the evidence that you presented to us in a very - very professional -like manner. I would just restate that we're not talking about — you're in agreement — we're not talking about a removal, we're talking about reforestation. Mr. Parker Absolutely. In the morning, the sun rises — well we know that — but it rises right in front of our house and blasts down into our front yard, into our kitchen, and dining room. Now frankly, I kind of like the sunshine. But at the same time, it's very nice to have a tree out front that filters that light somewhat. So absolutely. I'd like to have a tree in front. Not that tree. Mayor O'Neil Anyone — we're going to recognize Council Member Adams. Council Member Adams I don't have a question, but I'd like to address this issue. It's a — there isn't anymore public testimony. Mayor O'Neil Are there any other — Council Member Adams I'd like to do it now. Mayor O'Neil Right now? Page 2 of 10 Tree Removal Appeal at 2327 Arbutus Avenue Current Business Verbatim Transcript Council Member Adams Yeah. I've taken a close look at this. It is in my district and I spoke with Mr. Parker at length today about this. And let him know what my feelings are and I'll share them with you. First, this — I don't know if precedence is the right word — but I would say this probably is because this is a waiving of the restrictions of G -1 as stated in the staff report. This is a beautiful, big, mature tree and it's in a neighborhood and — my driving through it today — I think much of the beauty of that neighborhood comes from these trees. And I drove around the neighborhood and I think one of the prices we pay for these beautiful, mature trees is some damage to our curb, gutter, and sidewalk that we need to address on a - unfortunately, on a regular basis. I think, if we had everything to do all over again, perhaps we would have chose a different species for these neighborhoods, but the Brazilian Pepper is what we have in Eastbluff. On the applicant's street, there's a stretch of his street where several of these trees have been removed. And it looks awful in my opinion. It looks barren and there's little twig replacement trees, much like we see in Old Corona del Mar. The only — I think the only real issue here is whether or not the removal of the tree can be done pursuant to the G -1 Policy. And the removal would be based on repeated damage to property and the like. And I think, in this case I'll admit, it's marginal. I mean there has been some work done, but it looks like the curb and gutter can be replaced without removing the tree. And the PB &R Commission made that finding. Given the fact that it's marginal, I told the applicant that I would — the only way I would even consider supporting overturning the decision of PB &R and waiving — I'm not going to say waiving their restrictions but acknowledging that this meets the G -1 Policy for removal —would be if all the neighbors on his street agree to removal of the tree and he provided evidence of such through a petition or letters or something of the sort because it's my opinion that — that, you know, the systematic removal of these trees just because people don't like the way they look or the way they drop seeds on their car is really going to denigrate these neighborhoods. But if the people who live on that street, if that's what they want — if they want to get rid of these trees, then I guess that's what they can have. But I'd like to make sure that we're not offending any of his neighbors by — by allowing this tree to be removed. Mayor O'Neil Any other comments from Council? Council Member Noyes I was prepared to make a motion that we continue this for 60 -days because here we have our General Service Department coming back in 30 days with some recommendations on how to implement these individual disputes. And we're asking us to waive the G -1 Policy in advance of that recommendation or of that knowledge. So I'll still make the motion. I don't know if it'll carry, but I think we should continue for 60 -days in hopes that this can be resolved through the General Services Department where I believe the responsibility rests first, second with PB &R, and lastly with us. Because this isn't an issue I really want to sit here and decide on trees. Council Member Adams I think the issue, with all due respect, the issues been addressed by both of those entities. And a decision's been made and I'm comfortable with their decision. Council Member Noyes Which is to? Page 3 of 10 Tree Removal Appeal at 2327 Arbutus Avenue Current Business Verbatim Transcript Council Member Adams Not remove the tree. Council Member Noyes Well, like I say, I'll make a motion that we continue 60 -days and try to get the responsibility back in the General Services. Council Member Adams Well, a continuance will also give the applicant a chance to demonstrate that all of his neighbors are supportive of removal of the tree too. If that matters to anybody else on the Council. I mean — it's not a policy — that's just something that would make me feel more comfortable in making a tough call. Council Member Ridgeway Mr. Mayor? Mayor O'Neil Council Member Glover was recognized here first. Council Member Glover Yes, I would support Council Member Adams'. I — Mr. Parker, I've known you for a long time and I was real pleased that you came to us and didn't cut down the tree because I know you're a law abiding citizen. Butl — Mr. Parker I thought about it. Council Member Glover I bet you did. Mayor O'Neil Don't go there. Council Member Glover Don't go there. But I am supportive of Council Member Adams'. I know what — and — what one thing would say — I guess it's semantics — but it has been stated, I don't believe by you but by someone else, that the tree is not going to be removed, but it's reforestation. Well, in reforestation, the first thing you do is remove the tree. So we need to speak in those terms — true terms on what's occurring here. But I am supportive of Council Member Adams' approach. Mayor O'Neil Council Member Ridgeway? Council Member Ridgeway Yeah, there is a motion, and I was going to make a substitute motion that the — that we — Council Member Noyes We didn't get a second. Mayor O'Neil I think there's been a second. Council Member Noyes Oh, has there? Page 4 of 10 Tree Removal Appeal at 2327 Arbutus Avenue Current Business Verbatim Transcript Mayor O'Neil There a motion to continue for 60 -days. Was there a second? Council Member Noyes I'll second it. Mayor O'Neil Okay, so there's a motion and a second. Council Member Ridgeway I'll make a substitute motion. I agree with Mr. Parker. He is - very professionally presented this, he is into husbandry. We have a tree whose life span is really 5 more years. And I actually see this to fall in under "Safety" of the G -1 Policy. He talks in terms of public and private damages. And, quite candidly, this is the very kind of issue that I've seen throughout the City and in other neighborhoods where there is clearly a safety issue. And this is going to cost the City a lot more dollars than the removal and reforestation of the tree. I don't want to play with semantics. He's agreed to replant a tree. I suspect he'd probably replant 2 trees on his street. But — Mr. Parker Great idea. I'll go for that. Council Member Ridgeway Okay. If you would then I will make a substitute motion that — one: that this tree be allowed to be removed and that there be 2 places on your street where, whatever current tree is approved there, be planted. Mr. Parker The only comment I'd have to that — I mean I'm in favor of it — but when you measure the distance from where the water and sewer comes in versus the amount of space available in the parkway to plant 2 trees, you're going to have — a couple might be pretty close together. But I'm sure that Mr. Niederhaus would know all of the calculations. Council Member Ridgeway But it appears to be there's need down the street. So hopefully — maybe — you know, 100 feet away from you. But again, Mr. Adams complained about — he thought the area was awful. I just want to make a comment, I think your neighborhood is gorgeous. Mr. Parker Well, wait a minute. Council Member Ridgeway There are — it is a lacking a few trees. But despite that, your — all of your neighbors have kept their landscaping at the highest level and it's a nice neighborhood. Mr. Parker I think that "ugly" as "beauty" is in the eye of the beholder. And I would think that if the attitude of the neighbors was to be taken into affect, the lack of trees in front of all the neighbors house speaks probably more loudly than a petition. But I'll be more than happy — in fact my neighbors are sort of enjoying my little effort here before the City. Mayor O'Neil Council Member Debay? Page 5 of 10 Tree Removal Appeal at 2327 Arbutus Avenue Current Business Verbatim Transcript Council Member Debay I told Mr. Ridgeway if you and he would quit talking, I'd second the motion. It's based very much on your presentation. Figure 1. 1 believe that the scale of that tree has far gone far past a complimentary streetscape. And looking at Figure 10 and 11, 1 shutter to think of a trip and fall over that piece of concrete the way it's elevated. And I realize that's not your tree, but it looks like it could easily happen in the future. So I'm going to second the motion. Council Member Adams Mr. Mayor? Mr. Parker We moved into the neighborhood, as I said, 27 years ago and we've had a lot of little children. And there were a lot of little children in the neighborhood and it's kind of fun. But they all grew up and went away. And for a long period of time, it's just us old folks on the street. But little by little, young families have come in. And now, I don't know, there must be 20 kids under the age of 10 or 12 in the neighborhood. And the skateboards are ripping up and down the streets; and the basketball games; and the pitball is going on in the street. It's great. I love it. But you're right. Council Member Debay Looking at Figure 10 and 11, 1 picture grandma getting out of the car at the curb and catching her toe underneath that. Council Member Adams Mr. Mayor? Mayor O'Neil Council Member Adams Mr. Parker I know you're not referring to my wife - Council Member Adams I'd like to address — yeah, I don't know whether I'll be able to recover from telling people that neighborhood's ugly and allowing them to trip over a curb. Of course it's beautiful neighborhood. But, in my opinion, the large, mature trees add something to a street. And where they're lacking, I think, to me is not as attractive. I'd like to make a point, this tree, in my drive in the neighborhood, is no larger than hundreds of other similar trees in the neighborhood. And so, to make this finding based on the size of the tree, to me means, "Well, we should take down every single Pepper Tree in Eastbluff." And that's ridiculous. And I also went around and looked at the curb and the sidewalk in front of most of those trees, and many of them have similar problems. Again, this would suggest that we take down, literally, every large Pepper Tree in Eastbluff. And if — again — if that's what the folks in Eastbluff want — you know maybe that's the direction we're going — but I think we need to abide by the policy until we change it. Mayor O'Neil Okay. I was prepared to support the motion to have the tree removed, myself. Page 6 of 10 Tree Removal Appeal at 2327 Arbutus Avenue Current Business Verbatim Transcript Council Member Debay Reforested. Mayor O'Neil Reforested. Council Member Ridgeway Two for one. Mayor O'Neil However, I'm inclined to agree with Mr. — Council Member Adams that if time were to pass which would allow you the opportunity to get some community input from the people on your street, then we'd have a better idea whether or not they want these trees removed. Because I suspect that if yours is reforested then others will be reforested. Maybe that's a good thing, I don't know. So I don't see any harm in continuing it for a period of time to get that input. Therefore, I'll not support the substitute motion. We have a substitute motion, a second — Mr. Parker Let me inquire, if I may. I started this process with a letter to the City staff in November of last year. Do I understand we have a deal if I produce a petition signed by neighbors on Arbutus? My tree is removed? Or am I just being — Council Member Adams Well I don't think we're deal making right now. We're suggesting that evidence that — I'd s ail your nearby neighbors and a vast majority of the people on your street would have to be support this for � me to consider overturning — to making a finding that this conforms to the G -1 Policy of removal. Mr. Parker I don't have any doubt that I can produce that because I've talked with all neighbors about it. Council Member Adams That's great. Mr. Parker But having produced it — Mayor O'Neil I would be in favor of reforestation if you could produce that evidence as one individual. Council Member Glover Mr. Mayor? Mayor O'Neil Council Member Glover Mr. Parker You mean not as the Mayor? Mayor O'Neil And as the Mayor. Mr. Parker That's what I thought you meant. Page 7 of 10 Tree Removal Appeal at 2327 Arbutus Avenue Current Business Verbatim Transcript Mayor O'Neil Member Glover? Council Member Glover I — you know, this is Council Member Adams' district and I understand how he feels, you know, about the tree over there and being cut. And I am going to support him. You know, I would be — it would upset me if, in my district, someone else made the decision on trees in my district. And of course that's going to happen because I sit on the City Council. But, you know, we all have ideas about how we want our district to look I think. But I can't promise you any deal. No matter how many signatures you get. Mayor O'Neil Okay, there's a motion and a second — a substitute motion. All in favor of the substitute motion? There's 2 in favor and 5 opposed. The motion failed. The main motion — did you record that? City Clerk Harkless No. I thought there were 3 hands. Mayor O'Neil There was — Council Member Ridgeway and Council Member Debay voted in favor of the motion. The rest of Council voted against it. Council Member Ridgeway If we had the electronic system, you'd know. Mayor O'Neil The main motion is to continue the matter for 60 -days. All in favor? Is there anybody opposed to that motion? Motion carries unanimously. Thank you Mr. Parker. Mr. Parker Thank you. Mayor O'Neil I hope you can get those other — I'm sorry there was probably other members of the community that may have wanted to — Council Member Ridgeway See you in 2 months. Mayor O'Neil Dr. Vandersloot, I should have given you the opportunity to comment and I'll do that at this time. But we have made our action. Dr. Vandersloot I realize that. But I'd like to remind you that this is the second time tonight that the public was not allowed to express their opinion before you closed the public hearing. Page 8 of 10 Tree Removal Appeal at 2327 Arbutus Avenue Current Business Verbatim Transcript Mayor O'Neil Right, I realize that, I don't feel good about it either. If that helps. Does that help at all Dr. Vandersloot? I'm going to give you 10 minutes. Go for it. No! Mayor O'Neil Spill your guts Mr. Parker But Dr. Vandersloot talked to us on the phone. Mayor O'Neil I apologize. I was trying to avoid a situation I felt was getting out of control involving a member of the public debating with a member of our Council. I don't think that's appropriate. And I thought I did the right thing. The fact that I didn't allow you the opportunity to speak, I apologize for that. And I hope that you can now speak as long as you'd like about whatever you'd like to talk about involving the item on the agenda. Dr. Vandersloot Well, what I just wanted to point out was that the G -1 Policy calls for — does call for the removal of trees. It's not as if it does not call for the removal of trees if they meet the criteria. And the criteria is that if the tree is causing repeated damage which cannot be alleviated by specific City measure. So, in this case, the particular damage that was created could be fixed — could be alleviated so you could then fix the sidewalk which you're going to have to do anyway. In any case, you're going to have to fix the sidewalk. But the questions is, can you retain the tree and fix the sidewalk. And yes you can. You can retain the tree and you can fix the sidewalk. These days what they're doing is they're putting a root barrier around the tree; they trim the roots of the tree so that the tree will no longer cause that specific problem. So, if you went around and used Mr. Parker's justification for removing trees, then you're faced with perhaps 500 trees throughout the City that Mr. Niederhaus brought up at the PBBR Commission meeting. These kinds of cracks and lifting of the sidewalk — these will happen if you get — have an older tree. So I'd ask that, when you deliberate the G -1 Policy and when Mr. Niederhaus comes back here next time, that he's not going to come back and say, "Well, if the tree causes any kind of damage, you're going to off the tree." Because otherwise you're going to lose 500 mature, City trees. Secondly, I'd like to talk about he value of what you're doing. You just asked Mr. Parker to reforest his tree. And specifically the G -1 Policy reforestation policy calls for like 10 houses in a row. It does not call for a single house with a single reforestation. I mean that concept was ruled out when we first were talking about the G -1 Policy. But if you did decide, for example to allow Mr. Parker to replant the 24 -inch boxed tree, you're going to be getting rid of a $3,500 tree and Mr. Parker is going to put in a 24 -inch boxed tree, which is a little stick which costs about $200. So you're actually costing the City about $3,000 by allowing him to do that. Unless of course, you require him to put in a bigger tree, such as a 36 -inch boxed tree. And that tree might cost him $600 or $900. And I think Mr. Niederhaus will tell you one reason why Corona del Mar isn't reforested with big, 36 -inch boxed trees is simply because it costs too much for each tree. But that is one thing that you could do. You could ask him, well you're going to take down a $3,500 tree and put in a reasonable sized tree. Don't allow him to put in a little stick because that's what these people are intending to do. The next point is that, in Eastbluff, from what I understand on his particular street, a lot of the trees have been removed. And they may have been removed illegally. If you ask the citizens there whether or not they might want to remove his tree. I suspect that they're going to say yes remove the tree. All the other houses don't have trees. But is the policy of the City to have trees, but when the City planned its Page 9 of 10 Tree Removal Appeal at 2327 Arbutus Avenue Current Business Verbatim Transcript subdivision, to put trees in the parkway. Here you don't have any trees. And you might help rectify that situation by reforesting his street. In other words, if you wants to take down that tree, then you have a number of other houses putting trees in front of there — in the parkway area. From what I understand, Mr. Adams' idea is that if people want him to remove that tree he'll get the signature and then that tree is gone with nothing replacing it. And nothing replacing it on the rest of the street. In other words, you have a treeless street. So those are some of the alternatives that you should consider. But I think that what you're seeing — what you're going to see that if you applied your reasoning tonight that you see some buckling up of the sidewalk — that original sidewalk, it has not been replaced. The City has not done its thing in repairing that. You should allow that tree to survive and repair the sidewalk. Mayor O'Neil Thank you. Did you need anymore time? Dr. Vandersloot I don't need much more time. I did want to show some pictures regarding Mr. Thomson's Serrano Street issue but I'll get together with him. Mayor O'Neil Thank you Dr. Vandersloot. Council Member Adams Mr. Mayor? Mayor O'Neil Council Member Adams? Council Member Adams If you'll indulge me, as a follow -up to that for a minute. One thing that I didn't mention is that I think it is important, on these streets and their replacement, that — I mean, if possible, all the replacements can be done at once on a street because 30 or 40 years from now we're going to have this mish -mash of trees on these streets and it's really not going to look very attractive. Also, I was reminded in listening to Dr. Vandersloot of a discussion that I had with the applicant about the great streets of the world and beautiful neighborhoods. And one of the ones that we talked about was Carmel. If you can imagine Downtown Carmel if they let uneven sidewalks dictate the removal of trees in Downtown Carmel, it would be a travesty. And instead, they've accommodated the trees instead of letting the trees dictate how the sidewalks are. So I mean we need to be a little bit sensitive about this and think about the future of our neighborhoods and what they're going to look like years from now. And take that all into consideration. Mayor O'Neil Anybody else that want to comment on trees? We'll have trees again, I'm sure. We're now at Item No. 32. Page 10 of 10