HomeMy WebLinkAbout2005-01-12; Parks & Recreation Commission; 105-5; Appeal of Street Tree Removal DenialsPARKS & RECREATION COMMISSION - AGENDA BILL I
~ AB#- 105-5
MTG. DATE: 01/12/05 -
STAFF: LANCASTER
TITLE:
APPEAL OF THE STREET TREE REMOVAL
DENIALS ON AVONDALE CIRCLE (8) AND
BEDFORD CIRCLE (2) I
RECOMMENDED ACTION:
That based on the June 20, 2000 City Council adopted policy on Street Trees, the Parks and
Recreation Commission uphold staff‘s denial of the requested street tree removals - ten Pyrus
kawakami (Evergreen Pear), eight on Avondale Circle and two on Bedford Circle.
ITEM EXPLANATION:
This issue was originally an item on the agenda for the Parks and Recreation Commission’s
regular meeting of November 15, 2004, but due to scheduling conflicts, it was necessary to defer
the item to another date. The copy of the Agenda Bill for that meeting, which was also included
in the November Parks and Recreation Commission packet, is attached for your review. The
following is a summary of the developments since the writing of the first Agenda Bill.
On November 4, 2004, Senior Management Analyst Keith Beverly sent a letter to the appellant,
Mr. Glenn Bernard, informing him that his appeal to the ‘Citizen Tree Advisory Panel’, regarding
the removal of a street tree, would be heard by the City of Carlsbad Parks and Recreation
Commission at its meeting of November 15, 2004, 530 p.m., at the City Council Chambers, 1200
Carlsbad Village Drive.
On November 5, 2004, Mr. Bernard sent a letter to Mr. Beverly stating that he had a prior
commitment on November 15, 2004, and was therefore requesting that his appeal hearing be
rescheduled.
On November 9, 2004, Mr. Beverly lef& a telephone message on Mr. Bernard’s home answering
machine and sent a fallow-up letter confirming that his appeal hearing had been deferred. He
Further indicated that he would be in contact to schedule another hearing date, which would likely
be after the New Year.
On November 14, 2004, Mr. Bernard sent a letter to the ‘Carlsbads Parks CommissionITree
Problems and Appeals’ advising that he is actually appealing the decision to not remove a total
3f ten street trees - eight on Avondale Circle and two on Bedford Circle, all of which are the
Pyrus kawakami (Evergreen Pear) species. The street tree adjacent to Mr. Bernard’s driveway,
and technically in front of his immediate neighbor‘s yard at 3510 Avondale Circle, is included
Jvithin the subject ten count.
On November 16, 2004, Mr. Beverly spoke with Mr. Bernard via telephone, confirming that his
appeal would be heard by the Parks and Recreation Commission in a 2005 meeting, the date yet
:o be determined.
3n November 23, 2004, Mr. Bernard sent a letter to the Carlsbad ParksITrees Appeals Board
-equesting that his appeal be heard on December IO, 2004, as he would gladly forego his
Zhristmas Party in order to attend the hearing.
AB#
I Page 2
On November 30, 2004, Mr. Beverly sent a letter to Mr. Bernard informing him that his appeal
would not be heard during the December IO, 2004 meeting of the Parks and Recreation
Commission. He further indicated that a special meeting time and date would be scheduled for
January 2005 in order to hear his appeal.
On December IO, 2004, the Parks and Recreation Commission scheduled a special meeting for
January 12, 2005, 530 p.m., at the City of Carlsbad Senior Center, 799 Pine Avenue.
On December 14, 2004, Mr. Beverly sent a letter to Mr. Bernard informing him that his appeal to
the Commission regarding the street tree(s) on Avondale Circle [and Bedford Circle] had been
rescheduled to Wednesday, January 12, 2005, 530 p.m., at the Senior Center.
On December 21, 2004, Parks Superintendent Kyle Lancaster spoke with Mr. Bernard via
telephone, confirming his knowledge of the rescheduled Parks and Recreation Commission
meeting date, time, and location above.
Please refer to the attached Parks and Recreation Commission Agenda Bill #I 104-3 for additional
background information on this item. Staff will provide a brief presentation of the item and be
prepared to answer specific questions from the Commission. It is expected that the appellant, Mr.
Glenn Bernard, will also be present at the meeting to address the Commission.
EXHIBITS:
1. Copy of Parks and Recreation Commission Agenda Bill #I 104-3, dated November 15,2004
2. Letter from Keith Beverly, to Glenn Bernard, dated November 4, 2004
3. Letter from Glenn Bernard to Keith Beverly, dated November 5, 2004
4. Letter from Glenn Bernard to Parks Commissioflree Problems, dated November 14,2004
5. Letter from Glenn Bernard to Carlsbad ParksITrees Appeals, dated November 23, 2004
6. Letter from Keith Beverly to Glenn Bernard, dated November 30,2004
7. Letter from Keith Beverly to Glenn Bernard, dated, December 14, 2004
PARKS & RECREATION COMMISSION - AGENDA BILL I - TITLE: I n INFO AB#I 104-3
M ---- -
MTG. DATE: 11/15/04 I APPEAL OF THE STREET TREE REMOVAL I
DENIAL AT 3520 AVONDALE CIRCLE
ACTION
STAFF: DUNCANSON/
LANCASTER
RECOMMENDED ACTION:
That based on the Council adopted policy, the Parks and Recreation Commission uphold denial
of the street tree removal at 3520 Avondale Circle.
ITEM EXPLANATION:
In May 2001 , the appellant, Mr. Glenn Bernard, contacted the City’s Trees Division, requesting
inspection of the street tree, a Pyrus Kawakami or Evergreen Pear, in front of his residence at
3520 Avondale Circle. Staff subsequently inspected the site and determined that the subject tree
did not qualify for removal based on the City Council’s Policy Statement on street trees, dated
June 13, 2000. Each of the street trees on Avondale Circle was, however, scheduled for routine
maintenance pruning. Staff then advised Mr. Bernard of this finding and the pending action. It
was further indicated that tree ‘topping’ was not an accepted form of routine maintenance pruning . B
In June 2001, Mr. Bernard, sent a letter to City Council Member Nygaard requesting the removal
of all nine street trees from Avondale Circle, including the one from in front of his residence at
3520 Avondale Circle. The reasons provided for the requested removals were (a) spread of
infectious disease - ’fire blight’, (b) damage from roots to infrastructure - sidewalks, streets, and
curbs, (c) precedence of palm tree plantings on Bedford Circle - one block to the east, and (d)
obstruction of ocean view - in ‘Ocean View Estates’ development.
In June 2001 , Council Member Nygaard sent a response letter to Mr. Bernard confirming that a,
certified arborist from the city had inspected the subject trees and found that neither the degree
of the ‘fire blight’ disease, nor the condition of the infrastructure, nor the obstruction of the ocean
view justified removal of the trees under the City’s Street Tree Policy and Ordinance. In addition,
she indicated that prior to adoption of the policy and ordinance, the City may have replaced trees
with a different species upon citizen’s requests (e.g., Bedford Circle), but per Section 1I.C. of the
policy provisions, “The City will not remove existing street trees on the basis of individual or group
preference for a specific species of tree.” A copy of those documents was provided along with a
description of the appeals process.
In July 2001, City staff performed maintenance pruning of all street trees along Avondale Circle.
In September 2001, Mr. Bernard sent a letter to the City Attorney’s Office requesting copies of
any public statements made by the City’s Parks staff regarding ‘fire blight’ disease on Evergreen
Pear trees. In so doing, he questions the responsibility of the City and the prior owner of his
residence in not disclosing the fact that the street trees were infected with fire blight.
In November 2001 , City Attorney Ron Ball sent a response letter to Mr. Bernard advising that
there were no such statements available, as the City had “never provided written notice to any
residents where trees infected with fire blight exist.’ He also referenced Ms. Nygaard’s response
letter of June 2001, and reiterated that the degree of fire blight, as determined by a certified
25 EXHIBIT 1
AB#
Page 2
arborist, did not warrant removal of the trees. He further re-directed Mr. Bernard to the City’s
Street Tree Policy and Ordinance for additional information regarding appealing the decision
made by staff to not remove the trees in question.
In January 2003, Mr. Bernard sent a letter to the City Manager‘s Office again requesting removal
of two of the Evergreen Pear street trees along Avondale Circle, one directly in front of his yard,
and one south of his driveway - technically in front of his neighbor’s yard at 2510 Avondale
Circle. The reasons provided for the requested removals were predominantly the same as those
stated in his letter of June 2001, but now included references to yard drain lines that had been
broken by foots from the tree in front of 2510 Avondale Circle.
In January 2003, City Staff inspected the two denoted trees and determined that they were still
not candidates for removal, based on the Council adopted policy. Cracks within the sidewalk
were observed, but not considered of imminent hazard. Mr. Bernard’s mailbox was also
observed bolted to the street tree in front of Avondale Circle.
In February 2003, Deputy Public Works Director Doug Duncanson sent a response letter to Mr.
Bernard advising of the above inspection findings and affirming that these trees did not meet the
criteria for removal. He then informed Mr. Bernard that placing a mailbox on a City street tree
was prohibited and requested that the mailbox be removed from the tree immediately.
In June 2003, the sidewalk and yard drain in front of Mr. Bernard’s yard was removed and
replaced by the City’s Streets Division. During the course of that sidewalk work, the street tree
directly in front of Mr. Bernard‘s yard was struck by a piece of heavy equipment and ultimately
removed.
In June 2003, Mr. Bernard sent a letter to the City Manager‘s Office requesting the removal of
the remaining eight Evergreen Pear street trees along Avondale Circle and the planting of eight
palm trees in their place (e.g., Bedford Circle). This letter was also signed by several other
residents: two on Avondale Circle, six on Bedford Circle, and two on Janis Way.
In July 2003, Assistant City Manager Frank Mannen sent a response letter to Mr. Bernard and
the other residents who signed the letter indicating that City staff was re-inspecting the trees to
determine if any additional action needed to be taken.
In September 2003, Mr. Bernard sent two letters to Code Enforcement Officer Ed Davidson,
ultimately indicating that his mailbox would be removed from the street tree in front of 3510
Avondale Circle by September 30, 2003. In the process, however, he also made mention of
cracks within his driveway caused by the tree’s roots, and the City’s heavy equipment. He went
on to proclaim that the tree was in violation of the City’s (Landscape Manual) Streetscape
Program: Policies and Requirements, regarding the distance street trees are to be planted from
paving/sidewalks. Mr. Bernard was subsequently advised that this requirement did not apply to
this trees as the Landscape Manual was adopted and place in effect in 1990; the subject tree
were planted in the early 1970s.
In February 2004, Mr. Bernard sent a letter to the City Manager’s Office claiming $5,000 in
damages to the hardscape in front of his residence as a result of roots from the street trees. He
states that there are numerous cracks in both his driveway and the adjacent sidewalk, and at
least one hazardous condition in each. He also reiterates that the City has chosen to violate its Ib
1.
AB#
Page 3
own Landscape Manual by planting trees within five feet of pavingkidewalk.
In June 2004, Mr. Bernard sent a letter to the Carlsbad Tree Appropriateness Committee
requesting removal of ten Evergreen Pear street trees - 8 on Avondale Circle and 2 on Bedford
Circle. He also reiterates that the trees are planted in prohibition of the City’s Landscape Manual
in that they are located within five feet of paving. He continues by again referencing the
replacement of Evergreen Pear trees with Palm trees on Bedford Circle, which took place prior to
the adoption of the Street Tree Policy and Ordinance.
In October 2004, Mr. Bernard filed a formal appeal of City Staffs decision not to remove the
street tree in front of 3510 Avondale Circle. The hearing date was scheduled for November 15,
2004, before the City of Carlsbad Parks and Recreation Commission.
In November 2004, Deputy Public Works Director Doug Duncanson sent a letter to Mr. Bernard
informing him of the date, time, and location of the appeal hearing.
EXHl BITS:
I, Letter from Glenn Bernard to Julie Nygaard, Elected Council Member, dated June 4, 2001
2. Letter from Council Member Nygaard to Glenn Bernard, dated June 22,2001
3. Letter from Glenn Bernard to City Attorney Ron Ball, dated September 27, 2001
4. Letter from City Attorney Ron Ball to Glenn Bernard, dated November 19, 2001
5. Letter from Glenn Bernard to The City Manager, dated January 20,2003
3. City Street Tree Insp. Report by Public Works Supervisor Burnell, dated January 28, 2003
7. Letter from Deputy P.W. Dir. Doug Duncanson to Glenn Bernard, dated February 5, 2003
3. Letter from Glenn Bernard, et.al, to the City Manager Ray Pachett, dated June 30, 2003
3. Letter from Assistant City Manager Frank Mannen to Glenn Bernard, dated July 11, 2003
10. Letter from Glenn Bernard to Code Enforce. Officer Ed Davidson, dated September 11,2003
11. Letter from Glenn Bernard to Code Enforce. Officer Ed Davidson, dated September 20,2003
12. Letter from Glenn Bernard to The Office of the City Manager, dated February 17, 2004
13. Letter from Glenn Bernard to Carlsbad ‘s Tree Review Committee, dated June 9, 2004
14. Street Tree Removal Appeal submittal from Glenn Bernard, dated October 20, 2004
15. Letter from Deputy P.W. Dir. Doug Duncanson to Glenn Bernard, dated November 8,2004
16. City of Carlsbad Trees Section Work History for Avondale Circle, dated March 31, 2004
17. Aerial map of Avondale Circle, dated August, 2001
18. Photograph of Evergreen Pear Street Tree at 351 0 Avondale Circle, dated November 1, 2004
19. City of Carlsbad Council Policy Statement on Street Trees
20. City of Carlsbad Ordinance No. NS-545, Relating to Trees and Shrubs
I, * *, , To Julie Nygaard
Elected Council Member, City of Carlsbad
,b
FmmGIennRBernard
3520 Avondale Circle CarW 92008
June 4,2001
Dear Ms. Nygaard,
Heb Again. YOU might redl tbat a couple of months ago, I was house-hunting m carlsbad
when I decided to stroll into City Hall in order to find om of The Five to compliment fir the
decision to prosecute the people wbo destroyed the City's trecs. You might also be glad to
know that I passed on our mutual concerns about Darrcl Issa's roll in the oceanslde- ' Escondido
rail line to my schooJ-teacher-w%e, who then posted a memo mthe teacher's lounge about it.
Some teachers had their entire class write him a letter about the project's importance,
Now, some new business. Subject: *l?kase -that approvdccmpleted project here"
(another way of wording the subject is to please grant the "equal protection rights" afltbrded me
under the 14th consitutional amendment)..-deals with trees... om final compliment (as a prelude
to what's coming)...those trees on Charken Circle...the cay's chain saws were just inches away
fbm the tree truuks, apparentiy, wbcn 'The Five decided to honor the requests of resichk ..and the trees were spared.-.very nice, idd! (- I've got the hts right)
This request deals with the City'skne trees on my street (8 homes including mine), ISA-
Certified Arborist David Brown was onmy property about ten days ago when he noticed that all
nine ofthe City's sidewalk trees areinkted &'%re bIight." He stated that the disease is q
to spread hm trec-to-tree whenew chainsaws move ibm tree-to-tree witbut beii stmnhzd
m between each tree. Mr. Brown lives in Eminitas, and has no reason or motive to tell fibs about
anythiagmcarlsbad.
..
Also, anybody can casilynoticethat the mots &om the diseased trees come to the &,
and, therefbre, can cause problehs to sidewalks, streets, and curbs. Ri&zmyt trees exist on
the street to our immediate east, and on the street to our Wiate west. Palmtrees. Eight of
the eIeven trees on Bedford are palm trees. Several homes on and near the 3500-block of Donna
bave palm trees. This request is, obviousiy for palm trees. Please note the signikant relationship
that exists between B&rd and Avondale, m that all 18 of the homes are part of a 23-home
community known as "Ocean View Estates" (built m the early 70's). The city-approved tree
swap which occurred on Bedford should also be accomplished on Avondale (all nine trees).
I should also let you know that I did place a phone call to the proper city de- in
mtwo
order to discuss the situation descrii above. Within a week a polire employee was on our
ways: (1) Uyou'll have to contact my boss about the tree exchange, even ifthe precedent has been
estabhhedjust one block over"; (2) "we don't toput trces."
street looking at the nine trees; his name is Mike Bliss. His position can be surmnaraed -
Needless to say, a person who buys a home iri a place called "Ocean View Estates" is
interested in an ocean view. We're not like those people near the park who got chain saws and
I To Julie Nygaard
,Elected Council Member, City of Carisbad t
June 4,2001
From Glenn R Bernard
3520 Avondale CircIe Carhabad 92008
insisted on ”no trees whatsoever.” Please note that my instrumen tat this time is the printed word.
Reasonable people coznmunicate with each other about problems. It is inconceivable that the city
WilJ neither swap nor top. We will leave on June 15 for a 45-day VBCBtioIl to Britain We hope
that we will read a nice letter upon our return indicating tbat the inexpensive tree exchange ism
progress It doesn’t make sense to merely remove the tops of diseased trees. Howevery iftbe
City‘s response is to neither swap nor top, we will have to pursue tbe very expemsive project of
adding a second storyjust to see over the diseased trees. We Win expect the City to pay at least
75% of the cost.
I suspect that situations like this s4metimes occurbecauseamischief-makingbumucmt is
bothered that Wshc cannot &ord to purchase the oceamview homes over which he has controI
for the 5 minutes that tbe staflhgpapersare Sitting onhidher desk.
FinaIIy, I amsomcwhat bewihkcd at the fhct that there has becn widespread-
rcmoval of City-requkd trees fiom the hnt yards of cheshirc Avenue homm Sirasbray Ct.
homcs, and %omthe nearby streets which adjoin and abut those two streets. I ameven more
bcwildezed that the City has done nothing about it, espacially siucc the City requires the
for.’’ It bas taken me longer to write this letter than it has taken a Simsbury residerrt to rumve a
developers to print Cc8tR’s which %quire all bndseape eltmnts to be maintainad add
fi-ollt-yardtra.
In closing, although I do think I have a pretty good sense of humor, I seriously xmm it
when1 claimthat the requests contained within this letter have thcir basis in the 14thamendment.
Let’s just keep it simple by doing hr ‘B’ what you did for ‘A’
2-page httcr
f
June 22,2001
MI. Glenn Bernard
3520 Avondale Circle
Carlsbad, CA 92008
Dear Mr. Bernard.
Thank you for your letter dated June 4,2001, regarding the Evergreen Pear Trees on your street.
As you know, the City of Carlsbad has taken an active role to preserve and enhance trees in the
public right-of-way. This position was a direct result of the recommendations by the Citizen
Committee to Study the City’s Tree Policy.
The Committee, which was created by the City Council, was responsible for reviewing a 30
year-old street tree policy. The Committee worked diligently for two months, often meeting
twice a week, to recommend revisions to the City’s street tree policy. The end result was a
comprehensive policy that describes guidelines to plant, remove, replace, maintain and preserve
City trees. In addition, to give the policy some “teeth” for enforcement and procedures, the City
Council adopted a revised Street Tree Ordinance to reflect the changes in the policy. Enclosed
for your review is a copy of the City’s Street Tree Policy and Ordinance.
In regards to the nine Evergreen Pear Trees on your street being infected with “fire-blight”, a
City certified arborist inspected these trees and found the infestation to be not bad enough to
warrant removal of the trees. As you may or may not know, “fire-blight” is a virus that does not
kill trees and it is easily manageable by cutting out the disease. In addition, the City’s arborist
saw no visible damage to infrastructure caused by the roots of these trees.
Before Council adopted the policy and ordinance, the City may have replaced tr&s with a
different species upon citizens request, but as you can see in Section II.C. of the policy (page 2), it states: ..
.“The City will not remove existing street trees on the basis of individual or group
preference for a specific species of tree. ”
In addition, I empathize with your concerns for an ocean view. When you live in paradise it
seems only natural to have an ocean view. However, Section 1I.F of the street tree policy (page
2) states, “The City will not remove any tree solely for the cause of view restoration.” In
addition, Section 11.12.080.D of the Carlsbad Municipal Code states, “No person shaZl willfully
injure, disfigure, or intentionally destroy by any means any tree, shrub, or plant growing in the
any street, sidewalk, median or other public right of way of the city. ” While the city will not
remove or top off these trees, we will schedule them for pruning.
Mr. Glenn Bernard
June 22,2001
Page 2
In your letter a reference was made on tree removals in the Cheshire Avenue and Simsbury Court
area. In this development area, the trees were planted on private property and are not part of the
City’s tree inventory. The trees are the responsibility of the homeowner or the homeowners’
association. While the City discourages the removal of private property trees, if a homeowner
wants to remove a tree on private property, it’s his or her prerogative.
In conclusion, if you disagree with the City’s decision not to remove the Evergreen Pear Trees
on your street, you can request a formal appeal to the Parks and Recreation Commission to
remove these trees. The fee to request an appeal is $120 and you will be reimbursed this cost if
the Parks and Recreation Commission grants your appeal. If you want to further discuss the
City’s decision or you want to request an appeal form, please contact Doug Duncanson, the
City’s Public Works Manager, at 434-2862.
Sincerely,
JULIE NYGAARD
City Council Member
C: City Council
City Manager
Public Works Director
Public Works ManagedGeneral Services
*,,11- 0-04; 3:40PM; ; 7604348367 0 21 2
To City Attorney Ronald Ball City of Carlsbad, Ca 92008
From Glenn R Bernard
3520 Avmdale Circle-
Carlsbad, Ca. 92008 (760) 720-3937
Sept 27,2001
Subj: Suggestion for the City to show unrestrained respect (vice no respect) for the State Law
Dealing with Mandatory Disclosures for Futurelpotmtial Home Buyers
Dear Mister Ball, la. spite- of the Iaw mentioned abo~e, “your honor, just 3 days aRer we moved .iq we
discovered ....” are words which still are fkequently echoed all across America (Calif
included).. .to mediators, arbitrators, and to judges. Money nonnally resolves the issue.
As you might already know, the words iu quotes above apply here. Sterns from a mmment made to me by a certified a&orist who did some work far me in my b-ard 3 -days
after escrow closed. “Pleased to meet you; did you know that all of the trees on your street are
infected with fire blight?” (no; I didn’t know).
I bad no idea ifanybody else in the city knew of the fire bwt, so I informed the council
via a letter to COumil Member Nygaard Tlre rxqmnse which I got baok was stding. Although
I merely suggested swapuing the diseased trees for palm trem which are locatcd all arouud this
street, Nygaard’s letter revealed that the Council, City Employees, and maay residents have long
been aware of Carlsbad’s dirty littie secret (rcrninds me of ‘me Stepford Wives”).
Now that I’m in on the secret a& an honest person, I’know that if I now decide to sell
this house, I will tell potential buyers in writing that “all of the City’s trees on this street have fire
blight, City Hall-knows wit, &City Hall-wn’t doaaytbing-about-it; fktlmmorra; hey won’t let you do anydung about it either.” Of course, I am wondering why nobody disclosed this
situation to me. So I must ask you if the city has ever issued a written public statement about the
diseased trees? If so, you are requested to mail me copies of ail such statements, being sure to
fully identify the publication. If not, has the city ever provided Written notice to the exact
addresses where fire-blighted trees are located? -I suspect that “my seUeY’ will dab &at &e had
no idea that your nine trees on this street are diseased; you might have documents that can prove
orherwise. If so, then I will have ta refract the phrase “Carlsbad‘s dirty little secret”
Another adverse consequence for me is &e time spent writing these letters. Atro, within a
fw. days,. I will take-thehme-io visit the-Cmmty. Tax..Assessm’s..affice-in.~ to bave..the.
assessed value reduced by $90,000 ($10,000 per tree).
Are you aware that there is a Carlsbad street whaein the citizens sumptionsty removed
diseased trees and immediately plant,ed palm trees? This was done at a frantic pace so as to avoid
detection &om the Gestapo. l-wisb that I Uved’on a street with neighbors such as these.
Nevertheless, if we had local government that was honest and caring, good people would not
ham to mort to dandestine.tr8e swapping.
Ultimately, you’re a lawyer and I’m writing about a law which the City appears to
flagrantly disregarding. I believe that you. have the ability to convince management to change some policies so that City Hall will be honest, caring, and law-abiding. This situation is both
inexcusable and stressful. Plcase respond soon in writing.
RONALD R. BALL
CITY AlTORNEY
JANE MOBALDI
ASSISTANT CITY AlTORNEY
DAMIEN 6. BROWER
DEPUTY CITY AlTORNEY
ClNDlE K. McMAHON
DEPUTY CITY ATTORNEY November 19,2001
RANDEE HARUB
SECRETARY TO CITY AlTORNEY
ARDIS SEIDEL
LEGAL SECRETAAYIPARALEWC
Glenn R. Bernard
3520 Avondale Circle
Carlsbad, CA 92008
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008- 1989
(760) 434-2891 FAX: (760) 434-8367
Dear Mr. Bemard :
I am in receipt of your letter of September 27,2001 regarding your request for public
statements made by the City about fire-blight disease on trees at Avondale Circle.
There are no such statements and, to my knowledge, the City has never provided
written notice to any residents where trees infected with fire-blight exist. Doug
Duncanson, of our Public Works Department, has informed me that while fire-blight is a
problem with certain species of trees, it is not, in most cases, fatal and it has been
successfully controlled on the trees in your neighborhood by pruning any diseased
branches as required. Mr. Duncancon has offered to prune any diseased portions of City trees on your street which are brought to his attention by you or other residents.
My research of this matter discloses that you were previously advised by Council
Member Nygaard that the evergreen pear trees on your street being infected with fire-
blight were inspected by a certified aborist and found not to be so infected as to warrant
their removal. Moreover, Ms. Nygaard quoted from and provided you with a copy of the
Council adopted policy and ordinance regarding removal and replacement of trees.
Those documents set forth the procedure for appealing any decision of a City official
pertaining to trees to the Park and Recreation Commission and ultimately to the City
Council. I suggest that you follow such a procedure if you are still dissatisfied with the
determination of Mr. Duncanson.
Finally, I believe the state law dealing with mandatory disclosure for future/potential
homebuyers you referenced is applicable to setlers of property informing buyers; not the
City. I trust you will follow the procedure previously provided to you for resolution of
denia Is conce mi ng tree removal.
Thank you for your patience in awaiting my response while I looked into the matter.
v truly yours, hcL4L n*GkgPe
.RONALD R. BALL
City Attorney
rmh
c: Council Member Nygaard
City Manager
Public Works Manager General Services
To The City Manager
City of Cllrlsbnd
From GIom Benlard
3520 Awndnle Circle
Carlsbd, Calif 92008 phone 720-3937
Keqwst for more of a &od thing (actually, 2 good things)
Thing Ow. ..the "roundabout" war Legoland Sevd hhd intendons in this city.
yet w can brag about only one of- We oughi to be at least a hundred of than. Gridlock is bid enough witbout city hall making people come to a complete stop just
because a sign is there. Remove the signs, move the 4-m~ stops, and replace them with roundabouts.
Thing Two ...the wortderfuh'y ybmed parkway tree in fimt of 3215 Dorma Drive. An ofnanletltal pear tree, pr- with the disease laown as 'Tie blight" If your GICWS cm make one such tree look great, they can make them all look great, to iwlude the nine
scraggty trees on my stnet. But dy, pehaps dy 7 of these trees tlwd all of that utterition. as I am requesting that the two omm~ pcar trees which flank both sides of my drivcway be
removed. In the case of both trots, tbc roots han caused some significant problem.
The "msiibox treea is located alinost of two drainage linea wtdch empty
water from Bdord Circle homes m to Avodale. The two lines arc broken where visible, and probably broken where visiblt. The curb which shoulil support thcm is also brokea Also, there are crtleks m Ihe lower podon of my drivemy which lead away
from that tree. 'h cracks in my %pp& driveway are possbly not caused by the City%
trtG Tlw "staircase tree'' has mdid tbc sidewalk and ale0 lifted up one cdgc of thc si&wdk so that, instead of being fiat, the sidewalk tilts downward towurd my ptaperty. If the front edge of my ptoperty collsisted of grass, the arcws.water mi& not be a problem. Unfortunalely, the front cclgc of my property m this location consists of a tow rw*ning wdl, which must wmin strong in or&r to mrppolt the slope (and home et the top ef the slope). I am in rhe process of spendirrg moaey in or& to haw the wall water-
sealed, and then n-fbished (step om was to pay to have it sandblasted). Nwm- this major expense will be worthless if City sidewah continue to slant rain-mta to the bottom-frout edge of the wall. WaUs fail wkn th& foundations turn into mush The
scenario described above has created 3 tripping hazards on tbe city sidewalk in front of my house.
Since I &ink it's reasaoable tu maintain a poky of "one front-side tree pet house," I would be pleased if you would fitst rcmove the two trees which flank tha two
sides of my driveway, and then to replace either one or both of them with trees which do
not possess destructive root systems; 8 of the 1 1 city trees on Bedford Circle are mu- hamiful pd~ trees. Can we please jwt copy what you've done on kdford Circle?
Respectfa. .
January 28,2003
REQUESTED TREE REMOVALS
3520 AVONDALE CIRCLE PYRUS kawakamii
Trees in question are located in front of 3510 and 3520 Avondale Circle. Trees are
approximately 20 feet in height with a DBH of 6 to 9 inches. Minor sidewalk crack
visible, but no raised concrete. No other signs of damage to hardscape.
Resident at 3520 has bolted his mailbox to the tree in front of 3510. Tree at 3520 appears
to have been topped by resident.
Recommendation:
informed to remove mailbox fiom tree immediately. Send copy of City Ordinance.
Trees are not to be removed. Resident at 3520 Avondale should be
- City of Ca
February 5,2003
Glenn Bernard
3520 Avondale Circle
Carlsbad, CA 92008
RE: TreeRemovaI
Dear Mr. Bernard:
Thank you for notifying the City regarding the two ornamental pear .xes located adjacent I
your property. According to you letter, you are requesting the City to remove these trees
because they are damaging the sidewalk and have caused a trip hazard to the public.
Recently, the City inspected these trees and observed them to be approximately 20 feet‘in height,
healthy and in stable condition. The inspector did observe minor cracks to the sidewalk but then
were no evidence that the trees have caused the sidewalk to rise and create a trip hazard. No
other signs of damages to the hardscape were observed. Based on these observations, the City is
making the determination that these trees do not meet the criteria for removal, as indicated in the
City’s revised tree policy, and should remain at their present location.
Please be advised that it is prohibited to place a mailbox on a City tree. In fact, Carlsbad
Municipal Codes 11.12.080@)(2) states:
“No person shall place building material, equipment or other substances likly to cause
injury to a tree near any tree, shrub or plant growing in any street, sidavalk, median or other
public right of way of the cit-r, which might cause injury to the tree.”
Staff has concerns that the mailbox will injure and/or cause this City tree to decease. Please
remove the mailbox immediately. If you would like to discuss the City’s Street Tree Policy
and/or the Tree Ordinance further, please contact Fred Burnell (434-2985) or Scott Carroll (434-
2992) of my staff at your earliest convenience. A copy of the City’s revised Tree Policy and
ordinance is also available upon request.
MUG D&ANSON
Deputy Public Works Director / General Services
C: Public Works Supervisor - Street Trees & Medians
27 EXHtBiT 7
AB” \m-3
405 Oak Avenue Carlsbad, CA 92008-3009 - (760) 434-2980 - FL (760) 720-&62 @
T~ City Manager for the City of Carlsbad (Mr. Patchett) 3Q June2003
From Residents of Oceanview Estates
Subject: Bad community appearance because of the City’s Curbside Trees
.
Dear Sir,
Our community has a set of CC&Rs, which, lie all other CC&R’s, are designed to keep our
community looking good. With the exception of the City’s trees on Janis Way, Avondale Circle, and
Bedford Circle, we believe that we do have a good looking community.
(Incidentally, we don’t have By-Laws, a Board of Directors, andor monthly fees. This is why this letter is
sigaed by a “happenstance” collection of residents who just happened to be at home at the time this letter
“styped)
We claim that your trees here fall into 3 groups: unusually wonderfut, adequate,and unusually bad. The wonderful trees consist of the 8 palm trees located on Bedford. The bad trees consist of the 9
omamental pear trees on Avondale, along with 3 more on Bedford. ”he adequate trees are ‘all others.”
Thus, our community looks a community that has a board of directors (which we don’t), and that they all
live on Bedford.
“Our“ ornamental pear trees present a scraggly, neglected and abandoned appearance, unlike the
neat and trim appearance which can be seen in the 3200 block of Donna Drive. These trees also have a
disease known as “fire blight.” They also have a powerful, suhce-seeking root system that has caused the
city to spend lots of money in repairs of sidewalks, &q gutters and madways (unsightly patches io the
road are obvious). A well-functioning HOA wouId not tolerate this scenario.
Our request is for the city to mqIete the replacement process whicb was begun on Bedford about
3 years ago when 8 ornamental pear trees were replaced by 8 palm trees.
June 2003 To The City Manager for the City of Carlsbad (Mr. Patchett)
From Residents of Oceanview Estates
Subject: Bad community appearance because of the City’s Curbside Trees
Dear Sir, Our community has a set of CC&Rs, which, like all other CC&Rs, are designed to keep our
community looking good. With the exception of the City’s trees on Janis Way, Avondale Circle, anid
Bedford Circle, we believe that we do have a good looking community.
(Incidentally, we don’t have By-Laws, a Board of Directors, andor monthly fees. This is why this letter is
signed by a “happenstance” collection of residents who just happened to be at home at the time this lettw
typed)
We claim that your trees here fall into 3 groups: unusually wondd, adequate,and unusually bad.
The wonderful trees consist of the 8 palm trees located on Bedford. The bad trees consist of the 9
ornamental pear trees on Avondale, along with 3 more on Bedford. The adequate trees are “all others,’’ Titus, our community looks a community that has a board of directors (which we don’t), and that they all
live on Bedfbrd.
”our” ornamental pear trees present a scraggly, neglected and abandoned appearance, unlike the
neat and trim appearance which can be seen in the 3200 block of Donna Drive. These trees also have a disease known as “fire blight.” They also have a pow& surface-seeking root system that has caused the
city to spend lots of money in repairs of sidewalks, curbs, gutters and roadways (unsightly patches in the
road are obvious). A well-functioning HOA would not tolerate this scenario.
Our request is for the city to complete the replacement process which was begun on Bedford ab-
3 years ago when 8 ornamental pear trees were replaced by 8 palm trees.
July 11,2003
Residents of Oceanview Estates
Re: CURBSIDE TREES
Dear Resident ,
Your letter of June 30,2003 to City Manager Ray Patchett was referred to me for
response. City staff has been working with Mr. Glen Barnard, 3520 Avondale Circle
regarding trees in fiont of his house and in the neighborhood generally.
City Park Maintenance is reinspecting street trees in your neighborhood to determine
what steps, if any, need to be taken to care for the trees. This inspection work is
currently underway.
If you would like mer information, please feel fiee to call the City’s Park
Maintenance Division at 434-2824.
Thank you for your letter.
Sincerely,
FRANKMANNEN
Assistant City Manager
cc: City Manager
Doug Duncanson
Fred Burnell
Cindee Hollingsworth
EXHWT 9
1200 Carlsbad Village Drive e Carlsbad, CA 92008-1989 (760) 434-2821 * FAX (760) 720-9461
From Glenn R. Bernard 10 Sept 2003
Dear Mr. Davidson,
Regretfully, the only thing that
you’ve written which is accurate is that you and I had a discussion at this property.
Everything else is inaccurate.
Thank you for your letter of September 4’h.
The inaccuracies are so profound, that I herein require a response date to your
letter of September 30 vice September 14, the 14* being the arbitrary deadline you
proposed. The city shall do nothing rash (again) until after reviewing the next letter I
send to you, which you will have on or before 30 September.
Please review part 2 of this document below.
NOTICE OF CODE VIOLATIONS
As to the City’s “Streetscape Program: Policies and Requirements” (Section 1V.D)
There is now a city-owned tree with a desmctive and unruly root system located (above
ground) just 48 inches away from my driveway. Underground, the roots are probably
touching/pressing against my driveway. There are lots of cosmetic cracks in my
driveway, probably caused by 2 things: (1) the trees roots, and (2) the city’s heavy
equipment which has been on my driveway a few times thru the years to replace the tree- damaged sidewalks. This situation is a violation of Section D.3-1.2-3 @) which states
that “street trees must be a minimum of 5’ from paving.” (trunk just 28” from sidewalk)
The above-ground tree trunk is only 33” from a sewer line, although the roots probably
are pressing against same. Your manual states the minimum distance is 7 ft (D.3-1.2-3c)
Although “D.3-1.2-4” states that “trees planted within 5 ft of public sidewalks shall be
installed with root barriers,” there are no root barriers.
There are 4 asphalt patches on Avondale all caused by the roots from the city’s bad
choice for trees; and there’s no end in sight, lest the city remove/replace these ornamental
pear trees. Thus, every idea, word, and phrase within “‘D. 1-3” is being ignoredkiolated
by the City.
Mr. Davidson, here’s hoping that you can investigate this claim without fear of reprisal
by your bosses. Got a tape measure?
To Ed Davidson, Code Enforcement OfEcer
City of Carlsbad c- 2osept ECEIVED
-- SEP 2 2 it~ ,
From Glenn Bernard
3520 Avondale Circle
Carlsbad, Ca. 92008 - CITY OF CARLSBAD
As to my promise of a letter prior to 30 Sept (and your new letter of 16 Septemi CLERK’S OFFIC]
-. -
a”
-.
A. The Best Solution Possible: would occur without fines, attorneys, and court
appearances. The City is upset because a mailbox is attached to a diseased city tree via 4
screws. I’m upset because, according to the City’s own lankape manual, the tree isn7t
supposed to be there to start with. Both parties should each contribute some labor and
some equipment so as to 'transform the tree into nothing more than a mailbox standard
Can easily be done with one horizontal cut about 4 inches above the mailbox. No anger.
No animoSity. Na diire-dahage to Ik;y dtiveway. You’ve got til 30 September.
B. If the City disagrees with the answer suggested above and can do nothirig more than
levy fines (college degrees required for that?!), then I will vield to the bullv and remove the mailbox on 30 September. Please review the letter writtei by USPS Letter canier
Rick Asker. As a neutral witness, he is therein telling you that my mailbox used to be on
the other side of my driveway, and that whatever displaced 30 feet of sidewalk probably
also displaced my mailbox post. (what’s the big deal about catching something that’s
falling and temporarily storing same in a safe, useful place?)
C. For the last time, let me say that I have always looked forward to removing the
mailbox from the tree, an act which will occur within minutes following the City’s return
to my property of a new standard that the mailbox could be attached to.
D. Section A of your reference (CMC 1 1.12.080) mentions “unless such work conforms
with all city regulations and standards. These regulations and standards are kept on file
in the ofice of the public works department.” It seems to me that these words and
phrases provide anybody with the opportunityAicense to eliminate city trees which are
planted and maintained in direct violation of “these regulations and standards.” (provided
that the end result is ‘code compliant’). Furthermore, I claim that those 4 mailbox screws
do cause “injury, disfigurement, or destruction” of that tree.
E. The lower portion of this page applies. Sincerely,
FINAL NOTICE CODE
As of 20 September, the City’s diseased tree is still just a few inches from things that
were not intended to be injured, disfigured, or destroyed by a tree’s root systems. The
violations were specifically addressed in my correspondence of 10 September 2003.
;I& EXHIBIT 11
Correction Required: Remove the tree from the area as soon as possible, or agree to
any option presented in part one of this 2-part letter.. In either case, make your decision
prior to Sept 30,2003.
Since my previous Notice did not obtain compliance with city code, I must inform the
City, via your oflice, that further noncompliance in this matter will result in the
submission of a financial claim against the city; using the language and concepts that
you freely and routinely throw around, you should interpret the financial claim as a
schedule of fines, which is exactly what the City has in mindfor me. The fine shall be
assessed at $268 per day, which is the average dollar amount of the assessment schedule
which the City has in store for me (except thaf The City will succeed into bullying me
into removing the mailbox on or before 30 September). The fines shall commence on
October 1,2003.
Full compliance is anticipated in this matter. Please call me at 720-3937 if you (or any
city staff) wish to discuss this matter. Thank you in advance for your cooperation.
33
&fly am3
Statement of USPS Letter Carrier for 3520 Avondale Circle
I have been the primary letter carrier to the above address for several years.
The USPS is aware that the mailbox to the above address is fastened to a
tree, a situation which has USPS approval= We have been providing service
to this location for several months, and deem same as an established mailbox
location.
The “3520 Mailbox” was located on the other side of the driveway for
several years, and was attached to a normal stand that was buried in the dirt.
About 3 years ago, the mailbox box stand was at the original location,
whereupon it began to rise out of the ground.. . slow but steady. I noticed
that the public sidewalk also began to rise out of the ground at the same
time. Perhaps the cause, in both cases, was the city tree which was only
about 3 feet fiom the mailbox and also 3 feet fiom the sidewalk.
By November 2002, the mailbox stand was very loose and wobbly. The
mailbox had a pronounced forward lean, making it a bit of a challenge to
close the flap before the mail could spill out. This was when the owner
elected to re-locate the mailbox to the tree, which has been easier for us to
service than the original location.
.
34
City of Carlsbad
From Glenn Bernard
3520 Avondale Circle
Carlsbad, ca. 92008
Phone 720-3937
To The Office of the City Manager 2- 17-2004
Financial Claim Against Le City o Carlsad; $5,000; for the DestructiodDamage to all
Hardscape in fkont of my house; entirely caused by roots from City-owned Trees
When the 23 homes of this community (Oceanview Estates) were built, there was a 5 foot
span of dirt from the curb to the sidewalk. Some people refer to the span as the city right
of way.
Eventually, every homeowner filled in the dirt expanse With either hardscape, grass,
shrubbery, ground cover, or a combination thereof.
For reasons which appear to be “negatively inspired,” City oEcials eventually chose to
violate the City’s Landscape Manual by planting ornamental pear trees in the middle of
the 5-fOOt expanse. The City Landscape Manual clearly states that trees are not to be
planted within 5 feet of pavement. Thus, in this situation, the city trees are within 3 feet
of the street, and the gutter, and the curb, and the sidewalk.
Ornamental pear trees grow tall, so the City refuses to utilize its tree trimming equipment
and personnel on this street. (so as to maintain the obstructed views).
Ornamental pear trees also have a strong, surface-seeking root system that routinely
damage the hardscape up to fifty feet.away fiom the center of the tree.
The City chose to plant two such trees on each side of my driveway. They have both
caused a lot of damage, to include trip-and-fall hazards (at least one in my driveway as of
this writing). During 2003, City Crews replaced 30-feet of upraised sidewalk in fiont of
my house. Although the men did good work, they couldn’t get the job done without
damage to the brickwork (and tree) that abutted the sidewalk. So, all of my brickwork
was hauled out 7 months ago, and the area is still just dirt (sometimes mud.. . with rain).
As one traverses my driveway and/or sidewalk, at least one trip-and-fall hazard is
encountered along with lots of cracks in the hardscape, to include the street, gutter,
sidewalk, curb, and driveway. The city is indifferent to the cosmetic cracks on private
property, even though it is obvious that the cracks are caused by the roots from the city
trees. The city is obviously convinced that if the City makes an effort to eliminate trip
and-fall hazards, the citizens will be willing to overlook damage which is “less serious.yy
Not me. This claim only address the damaged or eliminated hardscape in front of my
house. Hijacked ocean views and my injuries from October’s fall will be addressed later,
6-9-W B;5%4\,&eA Y;Q e4\
Te: +uz.&*be Qbrje-5 Le- ?I.:ci FVea B\cc-*\\ ,4cott CQ- a\\
To Carlsbad's Tree Appropriateness Review Committee J A c/o Carlsbad Parks & Recreation Department
From Glenn Bernard
3520 Avondale Circle Carlsbad,Ca 92008
Request to remove 10 problematic city-planted "Street Trees" on private
bs h-&% CITY OF CARLSBAD
LERK'S OFFICE
Start with a few facts: there are more than 10 such trees (evergreen pear), but the other
varieties of trees don't cause the problems referred to in the expert's enclosed dew. I have 8 trees of my own choosing on my property, which appears to be a fkirly common
count in this community of 23 homes ("Oceanview Estates"). The city landscape manual
states that "no stret trees are to be planted with 5 feet of paving," nor "within 7 feet of a
sewer line." In spite of these prohibitions, city personnel planted 20 evergreen pear trees in the 54 median between the road and the sidewalk on Avondale and Bedford; 10 of
those trees remain today, normally in 'heeds trimming" condition
What happened to the other 10 trees'? A couple of years after planting, residents began
tripping due to cracked sidewalks and driveways; also, they were driving vehicles into
tree branches which extended into the roadway. Bed€ord residents conducted the "Bedford Tree Party," wherein th9 themselves cut down 9 of the city-planted 11 trees,
and then hurriedly replaced same with trees of their own choosing.
The tenth tree to come down occurred by accident during 2003 when city workers wcrc rep!acing 30 feet of "lifted" sidewalk in front of my house. In addition to the sidewalk, there were 3 other "fatalities" fiom those roots ador their repair (1) my mailbox, (2) all
of my brickwork within the 5-A median, and (3) the tree itself (bumped over by the
tractor).
Most of us have different values than the people on Charlene Circle (where there is no sidewalk). On Charlene, they want the city to spend a lot of time, effort, and money to
repair the hardscape and keep the trees in place. Here, as you can see from the enclosed
paperwork with all those signatures, we just want the problem trees gone just to get peace
of mind (and no more physical accidents; I know of 4 accidents in the 37 months I've
been here).
One of the problem trees is just 40 inches from my driveway, which is badly cracked (see
enclosure). It is planted virtually on top of an important drain line which should be afforded the same respect as a sewer line.
Given the existence of the city ordinances cited above, it is believed that this request
should be easy to approve. (hint-how much debate occurs in your car when the traffic
signal turns red'?)
2956 Roosevek Street, Suite 5 Carlsbad, CA 92008 CA State Lkense 649114
~~
Phone: (760)434-1915 Fax: (760)434-4018
cell: (619) 571-2004
Date: May 14,2004
To Carlsbad’s City Manager and to Glenn Bernard
Damage to Driveways, Roadways, Curbs, and Sidewalks in
Oceanview Estates.
I make a living assessing damages to “rock-hard” surfaces,.such as
the surfaces mentioned above; plus walls, buildings,staircases etc. I
consult with owners of commercial properties and residential
properties. I frequently spend a lot of time outside of southern
California in these endeavors. I am a Carlsbad resident.
The normal cause of 99% of the problems I see is either
carelessness or negligence. Examples include a bad mix of cement,
andor an inability to anticipate where run-off water will go. Tree
roots are another fiequent cause of problems, as roots can routinely
overpowerldestroy cement structures, gas lines, sewer lines, drain
lines etc.
About 18 months ago, I gave advice to Glenn Berilard about the
cement staircase at his home on Avondale Circle. ‘While there, I
noticed several cement problems spread all across the fiont of
Glenn’s property. It was readily apparent that the problems were
caused by roots fkom the two trees which flanked his driveway at
that time (today, only one of those trees remain.. ..still causing
damage).
I observed cracks in the street, gutter, curb, and driveway; not only
in fiont of Glenn’s house, but also at several other locations, fiom
one end of the street to the other. Most cracks were cosmetic, yet
www.resurfacingspecialists.com
37
2956 Roosevek Street, Suite 5 Carlsbad. CA 92008 c9 State License 649114
too many presented trip hazards. It is easy to notice that several
repairs have been made through the years on Avondale Circle.
It is obvious that Glenn’s lower driveway has been eroding and
crumbling due to water and roots getting underneath the driveway.
The City’s tree is too close to the driveway. Also, it seems as
though the person who planted the tree did not notice that a very
important drain line was already in the ground in that same spot.
This drain line has been ruined by the roots of the City’s tree,
which caused a lot of run-off water to be diverted to the area under
Glenn’s driveway (instead of flowing into the street as intended). I
note that there is now a new drain line, but it is easy to predict that,
since the tree is still there, the new line will probably be ruined in
‘: the %me.
. Although I verbally made all of these comments to Glenn 18
months ago, the problematic tree is still there, just 40 inches from
Glenn’s driveway. Considering that the City’s Landscape Manual
prohibits street trees fiom being planted within 5 feet of paving,
nor within 7 feet of a sewer line, this entire problematic scenario
should not exist, as these 2 prohibitions are both reasonable and
necessary. Glenn merely wants to maintain a normal driveway that
is safe for pedestrians to cross. Reasonable people normally are
quick to cooperate in safety improvement projects such as what
Glenn is trying to accomplish.
In Oceanview Estates, the excessively cracked surfaces are within
a few feet of at least one of the City’s evergreen pear trees. The
other kinds of trees which are in Oceanview Estates are not
causing these problems.
There are bad cracks in Glenn’s driveway, some of which are up-
slope from the sidewalk; and some are down-slope from the
sidewalk.
www.resurfacingspecialists.com
2956 Roosevelt Street, Suite 5 0 Carlsbad, CA 92008 CA State License 649114
The City’s sidewalk bisects Glenn’s driveway. We believe that all
of the driveway’s cracks on both sides of the sidewalk aresaused
by the many years wherein Glenn’s driveway was “sandwiched’
between 2 trees that were too close to the driveway.
Our Company cannot begin the repair of Glenn’s driveway until
the one remainiig tree is removed.
Sincerely,
Y Bill Kelly
CEO Resdacing pecialists
~
www.resu rfacingspecialists.com
-. . .
To The City Uer for ths City of Carlsbad (Mr. Patcfia) 30 June2003
From Residents 0foCeanView Estrtes
Subject: Bad community appcamrcc busa of the Ci's Curbside Trar
Dear sir,
Our community has a BC~ of CC&R's, which, like dl other CcBR's, are designed lo keep out
community looking good. With the exception of the City's trees on Janis Way, Awndale Circle, and Bedfotd Circle, we believe that wc do have a good looking community.
(Incidentally, we don't have By-Laws, a Board of Directon, and/or monthly fees. This is why this letter b
signed by a "happenstance*' collcdion of resid- who just happened to be st home at the time this letter
We cllim that yw treu bcre fall into 3 group: unusually wonderfbl, dequa!e,nnd unumally bad.
The wondd tras consist of the 8 palm trces located on Bedford. The bad trecs consist of tha 9 ornamental pear trees on Awndale, along with 3 more on Bedford. The deguate treu m "dl ohm"
Thus, OUI community looks a community that has a board of directon (which we don't), and that they J1
live on Bedford
mtypsd)
"Our" ornamental pear trees a scraggly, ncglcucd md abdoncd appemmce, unlike the neat and trim appearance which an be BW h tbe 3200 brock ofDonna Drive. These trcu d30 haw I
disease known as "fin bligbt." Thty also have a powerful, surface-seeking root system tbat has cawed the city to spcnd lot5 of money in repairs of sidewalks, curbs, gutta and roadweiys (unsightly patches in the road are obviouS). A WeU-fiurctioniog XOA would not tolerate this d.
3 yean ago when 8 ornamental pur trees wefa nptaccd by 8 palmtrcu.
Our request is for the city to complete the nptlcemcnt process whicb wu begun on Bedford abw
"I I
. .; -
To The City Manager for the City of Carlsbad (Mr. Patchett)
From Residents of Oceanview Estates
Subject: Bad community appearance because of the City's Curbside Trees
3t, June2003 1'
j:
.,-. *.
_*
Dear sir, Our community has- a set of CC&R's, which, like all other CC&R's, are designed to keep our
community looking good. With the exception of the City's trees on Janis Way, Avondale Circle, and
Bedford Cicle, we believe that we do have a good looking community.
(Incidentally, we don't have By-Laws, a Board of Directors, andlor manthly fees.' This is why this letter is
signed by a "happcnstancc" collection of residents who just happened to be at home at the time this letter
was typodl
We claim that your trees here fall into 3 pups: unusually wonderful, adequatepd uwsually bad.
The wonderful trca cod of the 8 palm trees located on Bedford. The bad trcea consist of the 9
ornamental pear trm on Avondale, along with 3 more on Bedfbrd. The adequate trees we "all others."
Thus, our community looks a community that has a board ofdireaors (which we don't), and that they all live on Bedford
'Our" ornamental pear trees present a scraggly, neglected and abandoned appearance, unlike the
neat and trim appurr~ce wbicb can be seen in the 3200 block of Do- Drive. These trees also have a
disease known as "fire blight." They also have a powaful, surfhce-seeking root system that has caused the
city to spend lots of money in repairs of sidewalks, curbs, gutten and roadways (unsightly patches in the road are obvious). A well-hdioning HOA would not tolerate this Scenario.
Our request is for the city to complde the replacement process which was begun on Bedford about 3 years ago whea 8 ommental pear trees we replaad by 8 palm trees.
I
. ...
*
..
To Ray Patchett * 10-10-2003
Carlsbad'sCity Manager . .
From Mr. 6 ME. Warker
3525 Avondale Cirde
Carlsbad, Ca. 92008
Dear Mr. Patchett,
We are writing to you about the problematic trees located on this street; currently
there are eight of them.
We are aware that during June, some of our neighbors sent you a letter which
contained a request for these trees to be replaced by the same city palm trees located on
Bedford Cirde, the next street up. The only reason we didn't sign the letter, which we
agree with, is because we were out of town when signatures were collected.
\
\ I
Since then, the neighborhood has learned of the city code which states that trees
are not to be located "within 5 feet of pavement." We think that the city should honor its
own regulation. We think that if the city wishes to sidestep this very logical standard, you
should seek permission from each and evq resident in order to do so.
A couple of months ago, lost the use of our driveway for 4 days so that your
employees could replacement a badly cracked section of our driveway that contained a
tripping hazard. There are additional sections of our driveway which are dose to your tree .
and are also cracked. Will the city replace these sections as well?
We spend time and money maintaining the area where the city has 2 ornamental
pear trees. Although one tree has been trimmed more than the other, they both need a lot
more trimming in order to obtain a barely adequate look. Three good looking trees can be
seen on Donna Drive across from 3552 Donna; probably privately owned.
Our preference is for ihe @to do all of the physical wolR necessary to meet city
code requirements. After all, you own a boom and employ a boom operator; none of us do.
If the city won't operate in compliance with city code, apparently the citizens have the right
to do so.
10-20-04: 2:27PM; ‘. 1. . .( ; 7604348367 * 1/ 11
a& - City of C
FAX TRANSMIlTAL
DATE: October 20,2004 Number of Pages Being Transmitted
TIME SENT: J@oOpPL . (Including Cover Sheet): 5
TO: Fred Burnell
Mike Peterson
Ed Davidson
FROM: Susanne Parsons
DEPT.: CITY ATTORNEY
COMPANY: Code PHONE: (760) 434-2891
PHONE #: FAX: (760) 434-8367
FAX #: (650) 589-5062
Attached please find an appeal to the Park and Recreation Committee regarding the trees in
front of Mr. Bernard’s Home. Please process it accordingly.
-Susanne
UNLESS OTHERWISE INDICATED OR OBVIOUS FROM THE NATURE OF THE TRANSMITTAL, THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED
FOR THE USE OF ME INDIVIDUAL OR ENTITY NAMES ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT. OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,
YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION COPYING OF THIS COMMUNICATION IS
STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR OR ARE NOT SURE WHETHER IT IS PRIVILEGED, PLEASE IMMEDIATELY NOTIFY US BY COLLECT TELEPHONE, AND RETURN THE ORIGINAL
MESSAGE TO US AT THE ABOVE AODRESS VIA THE U.S. POSTAL SERVICE AT OUR EXPENSE. THANK YOU.
1200 Carlsbad Village Drive *:* Carlsbad, California 92008 +:e (760) 434-2891
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NOT VALID UNLESS VALIDAV~D BY CASH REGISTER
TOTAL 1
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Subiect of ADDed: TREE REMOVALKREE PLANTING
In accordance with the appeals procedure as authorized by Title 1 1, Chapter 1 1.12 of the
Carlsbad Munici
rendered on 2Od, which dekon consisted of the following (i.e.
set forth factual situation and the grounds for submitting this appeal): BE SPECIFIC How did
the decision maker error? What about the decision is inconsistent with local laws, plans or
policy? (Use additional sheets as needed).
Code, the undersigned hereby appeals from the decision of City staff
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The undersigned discussed the decision being appealed with:
on
Original to City Clerk
Copy to: Recreation Department
General Services Departmeat I I 1
760 720 3737
PHONE NO.
The apbeal fee b S120.00 per appellant. This fee is reimbursed to appellant if the Parks & Recreation
Commibsion grants appeal. Please mail this form, along with fee, to the City Clerk’s Office at 1200 Carlsbad Village, Drive, Carlsbad, California 92008-1989.
4b
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City of Carlsbad CITY OF CARLSBAD
From Glenn Bernard
3520 Avondale Circle
CITY CLERK'S OFFICE
Carlsbad, CA. 92008 (760) 720-3937
Hello, Thanks, and Congratulations to whomever you are. This is my 2d letter to you,
the 1'' was written during June; subsequently diverted to Fred Bunnell, fiom whom I
received a response during August. Neglected to include the $120 contact fee, so it gave
Bunnel another chance to send me an insulting letter, in lieu of anybody else just asking
for the check. The fee has been paid, but still nobody will identify you folks by name to
me, I suspect that thjs letter will never see the light of day, because City Bosses don't
want you to know what has been going on in this neighborhood.
Another group of people worthy of respect are those who took part in the Beford
Tree Party (BTP) during the 1990's. (I'm not included). There will always be extreme
problems whenever trees are planted within 2 feet of roadway, sidewalks, and/or
driveways. However, evergreen pear trees not only have long branches, but also
destructive root systems. The city planted 11 of these trees on Bedford, and 9 more on
Avondale prior to the 1990's. Tbe BTP folks decided to correct the problem without
involving City Hall. Pooling their resources, they surveyed the neighborhood to see who
would be willing to participate in the BTP. Most agreed, so they chopped down 8 of the
problem trees, and then immediately replaced same with 8 trees of their own choosipg.
Possibly they were not aware of 2 key city ordinances: (1) "street trees are not to be
planted within 5 feet of paving,", and (2) "when the trees are eventually removed hrn
unreasonable locations, they are not to be replaced."
Nevertheless, the Rebels are better off than I am, in that I have scars on my legs,
cracks in my driveway, dirt where there used to be brick, and a cracked windshield on my
pickup truck (my second damagcd windshield). I live on the most patched-up stmet in
the City, and of this writing, there are at least 3 sections of lifted sidewalk marked for
replacement. The noise, sweat, and dust aren't worth it. During 2003, I submitted letters
and petitions from more than half of the community asking for the trees to be trimmed
according to industry standards or be removed. No meaningful response, but maybe itas
your job to evaluate this nightmare. Other people trip-and-fall; other motorists also
encounter the tree branches. Of particular concern is the welfare of my blind neighbor,
Fred Chambers, who walks the sidewalks with a guide-cane.
It should be stressed that even when the city's sidewalk contains no hazards unto
itself, the sidewalk must also be flush with every driveway that the sidewalk crosses.
Also, the evergreen pear trees have a disease known as fire-blight, acknowleged in a 2001
letter by council member Nygaard. Within the same letter' Nygaard wrote that the City
will never top those trees, prompting visitors to compare this neighborhood with Marge
Simpson's hairstyle. When I showed the Nygaard letter to the County Tax Assessor, my property's valuation was decreased by $25,000
Again, thanks for being there.. .but please, come here.
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1.
2956 Roosevelt Street, Suite 5 Carlsbad, C4 92008 9 CA State License 649114
Phone: (760) 434-1915
Fax: (760) 434-4018
(211: (619) 91-2004
Date: May 14,2004
To Carlsbad’s City Manager and to Glenn Bernard
Damage to Driveways, Roadways, Curbs, and Sidewalks in
Oceanview Estates.
I make a living assessing damages to “rock-hard” surfaces,.such as
the surfaces mentioned above; plus walls, buildings,staircases etc. I
consult with owners of commercial properties and residential
properties. I fiequently spend a lot of time outside of southern
California in these endeavors. I am a Carlsbad resident.
The normal cause of 99% of the problems I see is either
carelessness or negligence. Examples include a bad mix of cement,
andlor an inability to anticipate where run-off water will go. Tree
roots are another frequent cause of problems, as roots can routinely
overpoweddestroy cement structures, gas lines, sewer lines, drain
lines etc.
About 18 months ago, I gave advice to Glenn Bernard about the
cement staircase at his home on Avondale Circle. While there, I
noticed several cement problems spread all across the fiont of
Glenn’s property. It was readily apparent that the problems were
caused by roots from the two trees which flanked his driveway at
that time (today, only one of those trees remain.. ..still causing
damage).
I observed cracks in the street, gutter, curb, and driveway; not only
in front of Glenn’s house, but also at several other locations, fiom
one end of the street to the other. Most cracks were cosmetic, yet
~ _-
www, res urfa cin gs pecia tists.com
10-20-04 ; 2 : 27PM;
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2956 Roosevelt Street, Suite 5 Carlsbad, CA 92008 0 CA State License 649114
too many presented trip hazards. It is easy to notice that several
repairs have been made through the years on Avondale Circle.
It is obvious that Glenn’s lower driveway has been eroding and
crumbling due to water and roots getting underneath the driveway.
The City’s tree is too close to the driveway. Also, it seems as
though the person who planted the tree did not notice that a very
important drain line was already in the ground in that same spot.
This drain line has been ruined by the roots of the City’s tree,
which caused a lot of run-off water to be diverted to the area under
Glenn’s driveway (instead of flowing into the street as intended). I
note that there is now a new drain line, but it is easy to predict that,
since the tree is still there, the new line will probably be ruined in
the future.
A4though I verbally made all of these comments to Glenn 18
months ago, the problematic tree is still there, just 40 inches from
G!enn’s driveway. Considering that the City’s Landscape Manual
paohibits street trees fiom being planted within 5 feet of paving,
nor within 7 feet of a sewer line, this entire problematic scenario
shguld not exist, as these 2 prohibitions are both reasonable and
nmessary. Glenn merely wants to maintain a normal driveway that
is safe for pedestrians to cross. Reasonable people normally are
qu kk to cooperate in safety improvement projects such* as what
Glcnn is trying to accomplish.
In Oceanview Estates, the excessively cracked surfaces are within
a fhv feet of at least one of the City’s evergreen pear trees. The
other kinds of trees which are in Oceanview Estates are not
causing these problems.
There are bad cracks in Glenn’s driveway, some of which are up-
slope fkom the sidewalk; and some are down-slope fiom the
sidewalk,
www.resurfacingspecialists.com
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2956 Roosevelt Street, Suite 5 Cartsbad, CA 92008 CA State License 649114
The City’s sidewalk bisects Glenn’s driveway. We believe that all
of the driveway’s cracks on both sidesof the sidewalk are caused
by the many years wherein Glenn’s driveway was “sandwiched’
between 2 trees that were-too close to the driveway.
Our Company cannot begin the repair of Glenn’s driveway until
the one remaining tree is removed.
Sincerely,
Bill Kelly
CEO
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;7604348367 # 101 11
To Suzanne Parsons,'Deputy City Attorney
City of Carlsbad
From Bill Doggett, Arbonst
Ridgewood Tree Care
Dear Ms. Parsons,
1 O/ 1 OD004
During May, I was on Avondale Circle and noticed a profound need for trimming
due to botb appearance and safety. It was obvious then that at least one branch had fdlen due to contact with some type of vehicle. I could also detect where some prior
branches were removed just for the safety of pedestrians and motorists. It all made sense and was very predictable. Your city has planted too many trees in awkward places, and your work crews arc not able to service the trees in a timely manner.
During my May inspeclion, it ~tvtr dccw~ed to me that by of the trimming that I
saw had caused financial damage to any tra.
I have rctumcd to Avondale today wherein I notice that all eight of the trees were
At Jcast for a while, recently trimmed palesbians and motorists appear to be safe.
by workers with tbc proper equipment.
But, the job is still not done.
Within urban settings, there are epplicablt to the maintenance
of most trees. I have enclosed a couple of photographs which reveal how wergreea pcar
trees should look. Tbey have got to be to^ m order not to look odd. It appears that
the Avonelale trees have never h topped, which always results in odd appearsnces.
Oivtn that the evergreen pear trees on Avondde have fire blight and look odd,
their contributions to thc appearance and financial worth of the neighbohood are emtidy
negative. Bccsuse of their root patterns at the swfnce, AvondaJe Circle is the most patched-up street that I have evaluated, to include sidewalks, driveways, roadways, curbs, and gutfers.
During May, I wrote that I could make the Avondale trets look good at a cost of
$200 each With a little less work needed now than before, I can now bring all of the
evergreen pear ttees to stun&rd at a cost of $185 eacb. It is troubling that the City
planted these hazards on the private prom of the citizens. Hopefidly, this practice has
ended, as I wouldn't want "mandatory hazard acceptance" to occur where I live.
Finally, with regard to the safety trimming which I observed during May (only a
few saw cuts): those safety cuts were as to what should have become a
professional job done according to industry standards. No financial loss whatsoever.
A\
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:7604348367
54
November 8, 2004
Mr. Glenn Bernard
3520 Avondale Circle
Carlsbad, CA 92008
TREE REMOVAL APPEAL
Dear Mr. Bernard:
The City of Carlsbad has received your appeal of staffs decision not to remove a street
tree adjacent to your residence at 3520 Avondale Circle. This letter is to notify you that
the Parks & Recreation Commission will hear your appeal on Monday, November 15,
2004. The meeting will be held in the City Council Chambers located at 1200 Carlsbad
Village Drive and will begin at 530 p.m.
If the Commission denies your appeal, you my request a final appeal to the City Council
within ten (10) calendar days of the Commission’s decision. If you have any questions,
please feel free to contact me at 434-2862.
Sincerely,
DOUGBUNCANSON
Deputy Public Works Director, General Services
C: Kyle Lancaster, Parks Superintendent
Fred Burnell, Public Works Supervisor, Trees and Medians
Keith Beverly, Senior Management Analyst, Recreation
E:
405 Oak Avenue - Carlsbad, CA 92008-3009 (760) 434-2980 FAX
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EXHIBIT 17
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CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Streets
Specific Subject: Street Trees
Page 1 of 4
Policy No. 4
Date Issued June 13,2000
Effective Date June 13, 2000
Cancellation Date
Supersedes No. 4 (Dated
1 1-02-991
Copies to: City Council, City Manager, City Attorney, Department Heads and Division
Heads, Employee Bulletin Boards, Press, File
BACKGROUND:
The City Council determined that the Street Tree Policy needed to be updated to ensure the
preservation, proper maintenance and continued enhancement of public trees.
PURPOSE:
Establishing a policy for the preservation, proper maintenance and continued enhancement of
street trees in the City of Carlsbad.
POLICY
The following street tree policy shall be established:
I. Tree Planting
A. It shall be the goal of the City to maintain a tree population approaching 90% of all
qualified (valid) tree sites within the developed right-of-way of the City.
B. The City's Community Forest Management Plan shall set forth standards for planting,
removal, replacement, maintenance and the preservation of street trees. The Plan will also target reforestation in areas of the City that do not have a healthy tree population.
II. Tree Removal
A. The City will not remove any tree for the purpose of installation of a new sidewalk, or for
street widening, until viable alternatives to tree removal have been investigated.
Alternatives to tree removal will be referred to the Public Works ManagedGeneral
Services, or hidher designee, to allow for such alternatives to be considered prior to the
removal of such a tree.
I. ii. ,
Page 2 of 4
B. It shall be the intent of the City not to remove any tree solely for the cause of damage
to hardscape or for the cause of routing underground or overhead utility lines. Trees
causing damage to sidewalks, curbs, gutters or pavement shall be inspected by a City
arborist. Alternatives to tree removal, if any, will be included in a written report by the
City arborist. The written report will be submitted to the Public Works ManagedGeneral
Services, or hidher designee. The Public Works ManagerEeneral Services will decide
which alternative, if any, to implement.
C. The City will not remove existing street trees on the basis of individual or group
preference for a specific species of tree.
D. Any person may request the removal of a street tree which is not dead, dying,
hazardous or in such a condition that the City would not normally remove the tree by
making a formal appeal to the Parks and Recreation Commission. Such a request shal
include the reason for the request for removal.
E. Potentially hazardous, dead, dying or diseased trees shall be inspected by a City
arborist. Upon the written recommendation of the arborist for the removal of
hazardous, dead, dying or diseased trees, a Letter of Notification will be posted in
accordance with Section 11.1.
F. The City will not remove any tree solely for the cause of view restoration.
G. Consideration for tree removal will be given a priority rating depending on the following
factors:
1. Service Life
2. 3. Damage to hardscape
4.
Damage to utilities and/or sewer lines
Conformity of the existing tree to recommended species list
The highe'st priority removal shall be given to trees meeting all four factors. The
second priority will be given to trees meeting three factors, etc.
H. All trde removals, whether by the City, contractor, or resident shall include the
removal of the tree stump and the removal of all stump grinding chips and the back-
filling of the hole created by stump removal with a good quality top soil suitable for the
replanting of a replacement tree.
1. All trees recommended for removal shall be posted by attaching the Letter of
Notification and a non-removable marking upon the subject tree a minimum of 30 days
prior to their removal. In addition, notification in the form of a written notice shall be
given to the owner of the property where the tree will be removed, and the owner on
the adjacent properties and the owners on the property directly opposite, and the
owners of the properties adjacent to the opposite property. Notification shall include,
but not be limited to the following information:
..
'I Page 3 of 4
I.
2.
3.
4.
5.
6.
7.
The location of the tree
The reason for the tree's removal
The date of the scheduled removal
The species of tree to be planted
The size of the tree to be replanted
The date by which an appeal must be made to the Parks and Recreation
Commission
A description of the appeal process
J. The City will not use a clear-cut tree replacement strategy for the management of street
trees. Where practicable, and when adequately planned, alternative tree sites will be
planted a minimum of five years prior to the removal of a street tree for the purpose of
reforestation.
K. No Heritage Tree shall be removed except if it is determined by a City arborist that
such a tree is creating a hazard, or by formal appeals process.
II. Tree Replacement
A. It shall be the goal of the City to replace all removed street trees. The species and
approximate date of the replanting shall be included on the notice of tree removal as
specified in Section 11.1.
B. It shall be the goal of the City to replace all removed street trees within 45 days of their
removal if the tree site meets the minimum specifications for a valid tree site.
C. Tree sites not meeting the minimum specifications for a valid tree site will not be
planted.
D. All removed trees shall be replaced with a tree of the same species as removed, excep
where the removed species does not conform to the recommended species approved
by the City, or the conditions existing at the valid site. -No tree shall be planted into the
public right-of-way that does not comply with the 'Uniform Street Planting Map"
approved by the City.
E. Trees touching or nearly touching high-voltage utility lines shall be replaced with a
recommended species.
F. All tree replanting shall be with a minimum 15-gallon container tree, except when a
person agrees to pay the difference in cost of a larger replacement tree size and any
additional costs associated with the planting of a larger tree.
G. A person may request replacement of a street tree species specified by the "Uniform
Streef Planting Map", with another species, only when there is a medical allergy
certified by a medical doctor. The replacement tree will be approved by the City
arborist and the Public Works ManagerlGeneral Services. All trees removed for this
reason must be replaced with a tree listed as an approved species by the City.
H. The City will allow short-term rotational plantings.
1. The General Services Department of the Public Works (MSA) will review the approved
species list annually and will add and delete tree species based on their adaptability
to street tree sites in Carlsbad.
[v. Tree Maintenance
Standards for tree maintenance shall be developed and incorporated into the
City's Community Forest Management Plan, which shall be adopted by resolution of the
City Council.
V. Aweals
A. Any person may request a formal appeal to the Parks and Recreation Commission
within thirty (30) calendar days of the posting of a City Tree for:
1. the location or species of any street tree selected by City staff for
planting at a specific location; and/or
2. a staff recommendation for the removal of any non-hazardous street tree.
B. Any person may request a formal appeal to the Parks and Recreation Commission for:
1. the removal of a street tree which is not dead, dying or diseased; and/or
2. the removal of a street tree that is listed as a Heritage Tree; and/or
3. the removal of a street tree that is causing damage to hardscape or for
the cause of routing underground or overhead utilities.
C, If the Parks and Recreation Commission denies an appeal, the applicant may request
a final appeal to the City Council within ten (10) calendar days of the Commission's
decision.
D. Fees for an appeal shall be determined by resolution of the City Council.
E. Appeals will be made by submitting a Tree Appeal Form available from the office of
the Public Works Department.
&3
t. '.
WHEREAS, the City Council recognizes that trees contribute greatly to the I tealth,
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ORDINANCE NO. NS-545
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING TITLE 11, CHAPTER
11.12 AND REENACTING CHAPTER 11.12 OF THE
CARLSBAD MUNICIPAL CODE RELATING TO TREES AND
SHRUBS
iafety, and general welfare to all of Carlsbad citizens and that the preservation and propel
naintenance of trees is a matter of citywide concern; and
WHEREAS, the City Council further recognizes that trees and shrubs improve the
Invironrnent and provide great aesthetic benefits by moderating the climate; releasing
xygen; acting as filters against airborne pollutants; providing noise abatement; privaq
weening; erosion control and harboring wildlife in an urban setting: and
WHEREAS, the City Council has the authority to determine all aspects of the
reservation and proper maintenance of public trees and shrubs; and
WHEREAS, the City Council finds and determines that it is necessary to enact
!gulations prohibiting unnecessary damage to, removal of, or destruction of public trees
id shrubs.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain a
Ilows:
SECTION 1. That existing Title 11, Chapter 11.12 of the Carlsbad Municipal Cod
repealed.
SECTION 2. That Title 11, Chapter 11 .I2 of the Carlsbad Municipal Code is adde
read as follows:
'Chaoter 11.12
TREES AND SHRUBS
Sections:
1 f .12.010
1 1.12.020 Definitions
1 1.12.030
Purpose and intent
Jurisdiction of public works depa
.-
I 11 .12.040
11.12.050
11 A2.060 11 A2.070
11.12.080
11.12.090
11.12.100
1 1 .12.110
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A
Master tree list
Street tree planting and maintenance procedures
Approval prior to planting Street tree maintenance
Protection of trees
Tree removal
Tree replacement
Overhanging trees
Uniform street planting map
Communyl forest management plan
Heritage trees
Appeals
Violation
11.12.010 Pumse and intent. .
The public interest and welfare require that the city establish, adopt and maintain
a comprehensive program for installing, maintaining and preserving trees within the city. This chapter establishes policies, regulations and specifications necessary to
aovem installation, maintenance and preservation of trees to beautify the city, to purify
the air, to provide shade and wind protection, and to preserve trees with historic or
Jnusual value.
It is the policy of the city to line its streets with trees and to conduct a consistent
and adequate program for maintaining and preserving these trees. It is the goal of this 2olicy to provide for planting trees in all areas of the city and for selecting appropriate
species to achieve as much beauty and economy as possible. It is also the policy of the ;ity to protect and preserve all desirable trees that are located on the city's right-of-way.
It is the policy of the city to encourage new tree planting on public and private
iroperty and to cultivate a flourishing urban forest.
I 1.12.020 Definitions. 'For purposes of this chapter the following words and phrases shall have the
neanings respectively ascribed to them by this section, unless it is obvious from the
rontext that another meaning is intended: 1. 'Certified Arborist" means an arborist certified by the International
iociety of Arboriculture.
2. 'Community Forest Management Plan" means a document that ontains goals and policies that will guide the city in its actions and decisions affecting
ws within the city limits. "Hazardous Tree" means any tree or tree condition which represents
danger to persons, property or other healthy trees.
"Heritage Tree" means any tree existing within the city limits which
as been so designated by resolution by the city council. Heritage trees shaU be trees
rith notable historic interest or trees of an unusual species or size. "Maintain* or "maintenance" means the entire care of trees including
round preparation, fertilizing, mulching, trimming and watering. "Plant" means an herb that lacks a permanent woody stem.
'Shrub" means a low woody plant having several stems and a trunk
!ss than three inches in diameter at a height less than four and half feet above the
round.
A.
3.
4.
5.
6.
7.
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11.12.030 Jurisdiction of public works deoartment. The city manager, acting through the public works director or hisher designee, shall exercise jun'sdiction and control over the planting, maintenance, removal
and replacement of trees, shrubs or plants in all streets, sidewalks, medians or other public rights of way of the city, and shall have such power, authority, jurisdiction and
duties as are prescribed in this chapter.
A.
8. "Tree" means any perennial woody plant having a trunk at leas1
three inches in diameter at a height four and one-half feet above the ground. This definition shall include any tree planted by or required to be planted by the city which will
attain the stated size and maturity.
"Tree Service Life" means the number of years that the tree provides
the most benefrts with the least amount of costs.
Valid Tree Site" means a tree site in that area of the pubfic right of
way where a tree can be planted. The requirement shall be one tree per residence or
forty feet (40') between trees for a large tree site, thirty feet (30') for a medium tree site
and twenty feet (20') for a small tree site. All tree sites beneath a high voltage electrical
line shall be considered a small tree site. Tree sites shall be planted with a large, medium
or small tree listed and approved by the city.
9.
IO.
3 1.12.040 Master tree list. The city manager, acting through the public works director or hidher designee, shall develop and maintain a master tree list, which shall be adopted by
resolution of the city council and shall be on file in the office of the city clerk. These documents shall specify the species of trees suitable and desirable for planting in certain
areas in order to establish a wide ranging urban forest.
A.
1 1.12.050 Street tree Dlantina and maintenance Drocedures. The city manager, acting through the public works director or hisher
jesignee, shall develop and implement policies and standards for street tree planting 3nd maintenance and will incorporate these policies and standards into the civs
mmmunity forest management plan, which shall be adopted by resolution of the city
muncil.
A.
I 1.12.060 ADDfOVal Drior to olantinq. No tree, shrub or plant shall be planted in any street, sidewalk, median or
ither public right of way of the city until the city manager, acting through the public works
jirector or hidher designee, first approves the kind and variety, designates the location
herefor and grants the permit for planting.
A.
I 1.12.070 Street tree maintenance.
It shall be the obligation of the city manager, acting through the public works director or hidher designee, to assign appropriate scheduled tree, shrub or plant
naintenance, including but not limited to pruning, fertilization, irrigation and pest control
lased on age, species, size and location to assure the proper maintenance of all street
rees, shrubs or plants.
A.
I, 12.080 Protection of trees. No person shall remove, trim, prune or cut any street tree, shwb or plant
IOW or hereafter growing in any street, sidewalk, median or other public righf of 1 way of
A.
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i the city, unless such work conforms with all city regulations and standards. These regulations and standards are kept on file in the office of the public works department.
2 No person shall remove, injure or misuse any guard or device placed to
protect any tree, shrub or plant now or hereafter growing in any street, sidewalk, median
or other public right of way of the city. No person shall hitch or fasten any kind of animal to any tree, shrub or ' plant now or hereafter growing in any street, si'dewalk, median or other public right of
way of the city; nor shall any person place a post for hitching of animals within five feet of
any tree, shrub or plant now or hereafter growing in any street, sidewalk, median or other
public right of way of the city. No person shall willfully injure, disfigure or intentionally destroy by any
means any tree, shrub or plant growing in anystreet, sidewalk, median or other public
right of way of the city.
Construct a concrete, asphalt, brick or gravel sidewalk, or otherwise fill up the ground area near any tree, shrub or plant growing in any street, sidewalk, median or other public right of way of the city, to shut off air, light or water from the roots,
except under written authority from the city manager, acting through the public works
director or hidher designee.
2. Place building material, equipment or other substances likely to
cause injury to a tree near any tree, shrub or plant growing in any street, sidewalk, median or other public right of way of the city, which might cause injury to the tree.
3. Post any sign on any tree that is not scheduled for removal as described in section 11.1 2.090 of this chapter, tree-stake or guard, or fasten any electric
wire, insulator or any other device for holding electric, telephone, television or conductor
wires to any tree, shrub or plant now or hereafter growing in any street, sidewalk, median
or other public right of way of the city. No person shall interfere, or cause any other person to interfere, with employees of the city, or contractors employed by the city, who are engaged in planting,
maintaining, treating, removing or replacing any street tree, shrub or plant or removing or
replacing any material which is likely to cause injury to the tree, shrub or plant.
No person shall plant any street tree, shrub of plant except according to
policies, regulations and specifications established pursuant to this chapter or any
currently applicable ordinances or code sections.
6.
C.
D.
E. No person shall:
1.
F.
G.
, *. II ..
1 1.12.090 Permits reauired for tree removal.
Policy. The city values trees as an important part of the environment and
shall strive to preserve them whenever possible and feasible. When reviewing requests
br a street tree removal permit, the city shall discourage removing desirable trees, and
;hall consider approving removal of desirable trees only as a last resort alternative for
he applicant. B. Except as othewise provided in this chapter,
ernoving any street tree in the city shall require a permit issued by the city manager,
icting through the public works director or hidher designee
A city arborist shall inspect the property and recommend approving
)r denying the application in a written report submitted to the city manager, acting
hrough the public works director or hisher designee.
2. The city arborist may authorize a tree's removal after finding either of
he foflowing circumstances:
A.
Permits for Removal.
C. Review of the application to remove a tree shall proceed as follows:
1.
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a. The tree is a hazard to life or property, and removing it Is the
only feasible way to eliminate the hazard;
b. The tree is dead, dying, diseased or damaged beyond
reclamation. If the city arborist does not find either of the above circumstances for
removing a tree, a priority rating depending on the following factors can be considered
for a tree removal. a. Servicelife;
b. Damage to utilities and/or sewer lines;
c. Damage to hardscape;
d. Conformity of the existing tree to recommended species list.
The highest priority removal shall be given to trees meeting all four factors. The second priority will be given to trees meeting three factors, etc.
If the city arborist has recommended denying the application, the
applicant may request the Parks and Recreation Commission to review the arborist's
decision.
5. If the Parks and Recreation Cornmission concurs with the city arborist's recommendation to deny the application, the applicant may request the city council to review the matter for final actbn.
D. All tree removal, whether by city or applicant, shall include the removal of the stump and the removal of all stump grinding chips and the backfilling of the hole created by stump removal with a good quality top soil suitable for the replanting of a
replacement tree.
The city shall post a letter of notification and a non-removable marking upon the subject tree a minimum of 30 days prior to its removal. The letter will
be posted in a prominent location, visible from a public street and will include, &ut not be
limited to the following information:
3.
4.
E. Notification of Tree Removal.
1.
a. The location of the tree
b. The reason for the tree's removal;
c. The date of the scheduled removal; d. The species of tree to be replanted;
e. The size of the tree to be replanted;
f. The date by which an appeal must be made to the Parks and
g. A description of the appeal process. The letter of notification shaU also be given to the owner of the
property where the tree is scheduled be removed, and to the adjacent property owners,
as well as to the property owners directly opposite and to the owners of the properties
adjacent to the opposite property.
3. The city manager, acting through the public works director or hisher designee, may waive notification requirements for a tree removal in either of the following
circumstances:
When the city manager, acting through the public works director or hisher designee determines that a tree's condition threatens public heatth,
safety or welfare;
When local, state or federal authorities have declared a state
of emergency and a tree's condition threatens public health, safety or welfare.
F. No heritage tree shall be removed except if it is determined by a city
arborist that such a tree is creating a hazard, or by formal appeals process.
Recreation Commission.
2.
a.
b.
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1 1.12. I00 Tree reolacement.
It shall be the goal of the city to replace all removed street trees within 45
days of their removal if the tree site meets the minimum specifications for a valid tree
site. All removed trees shall be replaced with a tree of the same species as
-emoved, except where the removed species does not conform to the recommended
species approved by the city, or the conditions existing at the valid site. No tree shall be
ilanted into the public right of way that does not comply with the uniform street planting
nap as described in section 1 1.12.120 of this chapter.
Trees that are touching or nearfy touching high-voltage utility lines shall be
eplaced with a recommended species.
All tree replanting shall be with a minimum 15-gallon container tree, except
vhen a person agrees to pay the difference in cost of a larger replacement tree size and
my additional costs associated with the planting of a larger tree.
A person may request replacement of a street tree species specified in the
tniform street planting map with another species only when there is a medical allergy
edified by a medical doctor. The replacement tree will be approved by the city arborist
Ind the city manaser, acting through the public works director or hisher designee. Ail pees removed for this reason must be replaced with a tree listed as an approved species
y the city.
1.1 2.1 10 Overhanclina trees. The owner or hisher agent of every lot or parcel of land in the city upon
fhich any trees, shrubs or plants are now or may be hereafter standing shall trim, or ause to be trimmed, the branches thereof so that the same shall not obstnrct the dequate passage of light from any street light located in any street, sidewalk, median or
ther public right of way of the city and such owner or hidher agent shall trim all
ranches of any trees, shrubs or plants which overhang any street, sidewalk, median or
ther public right of way of the city so that there shall be a clear height of eight feet
Dove the surface of the street, sidewalk, median or other public right of way of the city
Tobstructed by branches; and such owner or hidher agent shall remove from such
ses, shrubs or plants all dead, decayed or broken limbs or branches that overhang
Jch street, sidewalk, median or other public right of way of the city, and when any such
ses, shrubs or plants are dead, such owner or hidher agent shall remove the same so
at they shall not fall in the street, sidewalk, median or other public right of way of the
ty-
A.
B.
C.
D.
E.
A.
I. 12.120 Uniform street Dlantina map.
Upon the recommendation of the Parks and Recreation Commission, the city council shall adopt a uniform street tree planting map that will depict a uniform
method of tree plantings on city streets. The city manager, acting through the public
vrvorks director or hidher designee, shall have copies of this map made and the same
shall be kept on file in the office of the city clerk and may be obtained by the public.
1 1.1 2.130 Community forest manaclement Dlan.
Upon the recommendation of the Parks and Recreation Commission, the
:ity council shall adopt a community forest management plan that provides direction to
levelop goals and policies that will guide the city to manage tree-related issues in a
iroactive manner. The plan will address trees on public property and will discuss
A.
A.
ilanting, removal, replacement, maintenance and the preservation of trees
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a. CI
any public property or in any street, sidewalk, median or other public right of way of the
city.
When the management plan in its original or modified form is adopted by
the city council, it shall become the tree planting plan for public streets of the city and
shall be strictly adhered to in all future street planting improvement projects and in the
removal, replacement and maintenance of trees, shrubs or plants in public streets in the
city. The management plan for the entire city does not need to be adopted by the city
council at one time. Instead, council may adopt the community forest management plan for different portions of the city within a reasonable length of time after the completed
plan for any particular portion of the city has been submitted to the city council for
adoption.
C. The city manager, acting through the public works director or hisher
designee, shall have copies of this plan made and the same shall be kept on file in the
office of the city clerk and may be obtained by the public.
11.12.140 Heritaae trees. The city council recognizes the important role trees have played in the
history and development of Carlsbad and recognizes that a wide variety of trees can grow in its unique and temperate climate. The city may officially designate as heritage
trees those trees in the community which have significant historical or arboncultural
interest. It is the policy of the city council that all designated heritage trees that are on
public streets shall be protected.
B.
A.
1 1 .12.1= ADDealS.
A. Any person may request a formal appeal to the Parks and Recreation
Commission within thim (30) calendar days of the posting of a city tree for:
1. the location or species of any street tree selected by the city for
planting at a specific location; and/or 2. the city aboriHs recommendation for the removal of any non-
hazardous street tree. B. Any person may request a formal appeal to the Parks and Recreation
Commission for: 1. the removal of a street tree which is not dead, dying or diseased;
and/or 2. the removal of a street tree that is listed as a heritage tree; and/or
3. the removal of a street tree that is causing damage to hardscape or
or the cause of routing underground or overhead utilities.
If the Parks and Recreation Commission denies an applicant's appeal, the
ipplicant may request a final appeal to the city council within ten (IO) calendar days of
he commission's decision. Fees for an appeal shall be determined by resolution of the city council.
Appeals will be made by submitting a tree appeal form available from the
C.
D.
E.
Iffice of the public works department.
1.12.160 Violation.
Any violation of this chapter is a misdemeanor subject to the provisions of
:hapter 1, Section 1.08.01 0 of this code.
In addition to any criminal penalty, the city may, pursuant to Government
:ode section 36901, impose a civil penalty for any violation of this chapter in an amount
ot to exceed one thousand dollars.
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I EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption
and the City Clerk shall certify the adoption of this ordinance and cause it to be publishec
at least once in a newspaper of general circulation in the City of Carisbad within ffieer
days after its adoption.
C.
monetary
Nothing in this section shall prevent the city from bringing
damages as an alternative to a criminal or civil penalty.” a civil action fc - I
PASSED AND ADOPTED at a regular meeting of the City Council of the City 01
Sarlsbad on the 20th dayof June ,2000, by the following vote, to
Nit
AYES:
NOES: None
Council Members Hall, Nygaard and Kulchin
ABSENT Council Members Lewis and Finnila
PPROVED AS TO FORM AND LEGALITY
kt Lwb .Om0 R. BALL, City Attorney
Matt Hall, Mayor Pro Tern
ATTEST:
(SEAL) -
R
November 4,2004
IMPROVING
QUALITY
OF LIFE
BUILDING
COMMUNITY
PRIDE
STRENGTHENING
FAMILIES
DEVELOPING
TO MOR ROW'S
LEADERS
Glen R. Bernard
3520 Avondale Circle
Carlsbad, CA 92008
Mr. Bernard;
By way of introduction, my name is Keith Beverly and I am the Principal
Staff Liaison to the Parks and Recreation Commission for the City of
Cads bad.
We are in receipt of your request for appeal to the "Citizen Tree Advisory
Panel". However, it is actually the Parks and Recreation Commission that
considers requests and appeals for tree removals and/or tree planting.
Accordingly, your request for appeal has been scheduled for the
commission meeting of November 15,2004. The meeting begins at 530
pm and will be held at the City Council Chambers at 1200 Carlsbad Village
Drive.
Please advise me if there is a problem in scheduling that time for your
appeal, as arrangements to hear the issue can be made for another
commission meeting.
< Sincerely,
/- - Keith Beverly
Senior Management Analyst
cc: Recreation Director - Price
Deputy Public Works Director - General Services - Duncanson
Deputy City Attorney - Parsons
7cx www.ci.carlsbad.ca.us
-1 200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (760) 434-2826 FAX (760)720-6917
COPY
To Keith Beverly
Parks & Recreation Commission
City of Carlsbad
Nov 5,2004
From Glenn Bernard
In response to your letter of Nov. 4,2004
Thank you for your thoughtful letter.. i%?i!
As it turns out, I have only 3 prior commitments between now and the end of
the year with regards to the “after 5 pm” time slot.
November 15, November 22, and December 10
Thus, I must accept your offer to re-schedule the Nov 15* meeting. I await
your notice as to the next date.
Sincerely,
CITY OF CARLSBAD
CITY CLERK’S OFFICE
- City of Carlsbad
November 9, 2004
Glen R. Bernard
3520 Avondale Circle
Carlsbad, CA 92008
Mr. Bernard;
IMPROVING QUALITY
OF LIFE
BUILDING
COMMUNITY
PRIDE
STRENGTHENING
FAMILIES
. DEVELOPING
TOMORROW'S
LEADERS
Just to follow up on the voice message I left you on Tuesday, November 9,
2004, I am in receipt of your request to postpone the tree appeal to the
Parks and Recreation Commission on November 15,2004.
You may have received a letter from Doug Duncanson dated November 8,
2004 stating that your appeal would be heard on Monday, November 15,
2004. Please disregard that letter and I assure you that your appeal has
been deferred to a later date.
Unfortunately, the next Commission meeting is scheduled for one of the
dates on which you have another prior commitment as outlined your letter
of November 4,2004.
I will be in contact with you in order to discuss another hearing date;
however, it appears that date will not be until after the New Year.
I apologize for any confusion or inconvenience that may have occurred with
the flurry of communications sent. I look forward to speaking with you and if
you should have any questions, please feel free to contact me at (760) 434-
2827.
Since re1 y , n
Keith Beverly
Senior Management
cc: Recreation Director - Price
Deputy Public Works Director - General Services - Duncanson
Deputy City Attorney - Parsons
Parks Superintendent - Lancaster
w w w. c i . car Is b ad. ca . us
1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (760) 434-2826 FAX (760)720-6917
-.
Copies To: Keith Beverly
Doug Duncanson Qt sq cOu.-*w -
Kyle Lancaster Susanne Parsons .: I,
b> h-8-
I' - '. f
_I 1 1/14/2004
To Carlsbad's Parks Commission/Tree Problems & Appeals
From Glenn Bernard Phone 720-3937
c:-, ' t . - .I -.I-. . , . .
THERE THEY GO AGAIN
Can you imagine going through the checkstand at any store in
America, paying the bill of $120, and then they refuse to give you
the merchandise?
I have enclosed herein the letters and signatures of my neighbors
to City Hall with these words (summarized):
1. please continue the project begun on Bedford Circle
wherein 8 evergreen pear trees were replaced by
palm trees
2. if you refbse the above request, would you at least trim
these dreadfid trees according to industry standards, such
as can be seen at Macy's, and along Donna Drive
(especially at 3215 Donna Drive), and in front of the
home at 2102 Janis Drive. (this option is very inferior to
#I above because of the tripping hazards that we would
still have to deal with).
Therefore, this appeal addresses the 10 remaining evergreen pear
trees planted by the city on Avondale Circle and Bedford Circle,
not just the one diseased tree at/on/under my property. (originally,
the City planted 20 of them.. .you definitely need to hear what
happened to the 10 which are no longer here),
City Bosses wish that I only speak about the one problematic
tree atlordunder my property. Yes, it's the only tree planted on a
To The City Manager for the City of Carlsbad (Mr. Patchett) 30 June 2003
From Residents of Oceanview Estates
Subject: Bad community appearance because of the City’s Curbside Trees
Dear Sir,
Our community has a set of CC&R’s, which, like all other CUR’S, are designed to keep our
community looking good. With the exception of the City’s trees on Janis Way, Avondale Circle, and
Bedford Circle, we believe that we do have a good looking community.
(Incidentally, we don’t have By-Laws, a Board of Directors, and/or monthly fees. This is why this letter is
signed by a “happenstance” collection of residents who just happened to be at home at the time this letter
was typed)
We claim that your trees here fall into 3 groups: unusually wondehl, adequate,and unusually bad.
The wonderfi~l trees consist of the 8 palm trees located on Bedford. The bad trees consist of the 9
ornamental pear trees on Avondale, along with 3 more on Bedford. The adequate trees are “all others.” Thus, our community looks a community that has a board of directors (which we don’t), and that they all
live on Bedford.
“Our” ornamental pear trees present a scraggly, neglected and abandoned appearance, unlike the
neat and trim appearance which can be seen in the 3200 block of Donna Drive. These trees also have a
disease known as “fire blight.” They also have a powerful, surface-seeking root system that has caused the
city to spend lots of money in repairs of sidewalks, curbs, gutters and roadways (unsightly patches in the
road are obvious). A well-hnctioning HOA would not tolerate this scenario.
Our request is for the city to complete the replacement process which was begun on Bedford about
3 years ago when 8 ornamental pear trees were replaced by 8 palm trees.
I
To The City Manager for the City of Carlsbad (Mr. Patchett) 2 June 2003
From Residents of Oceanview Estates
Subject: Bad community appearance because of the City’s Curbside Trees
Dear Sir,
Our community has a set of CC&R’s, which, like all other CC&R’s, are designed to keep our
community looking good. With the exception of the City’s trees on Janis Way, Avondale Circle, and
Bedford Circle, we believe that we do have a good looking community.
(Incidentally, we don’t have By-Laws, a Board of Directors, and/or monthly fees. This is why this letter is
signed by a “happenstance” collection of residents who just happened to be at home at the time this letter
was typed)
We claim that your trees here fall into 3 groups: unusually wonderfit, adequate,and unusually bad.
The wonderful trees consist of the 8 palm trees located on Bedford. The bad trees consist of the 9
ornamental pear trees on Avondale, along with 3 more on Bedford. The adequate trees are “all others.”
Thus, our community looks a community that has a board of directors (which we don’t), and that they all
live on Bedford.
“Our” ornamental pear trees present a scraggly, neglected and abandoned appearance, unlike the
neat and trim appearance which can be seen in the 3200 block of Donna Drive. These trees also have a
disease known as “fire blight.” They also have a powerfhl, surface-seeking root system that has caused the
city to spend lots of money in repairs of sidewalks, curbs, gutters and roadways (unsightly patches in the
road are obvious). A well-functioning HOA would not tolerate this scenario.
Our request is for the city to complete the replacement process which was begun on Bedford about
3 years ago when 8 ornamental pear trees were replaced by 8 palm trees.
77
I
IO- 10-2003 To Ray Patchett
Carfsbad's City Manager
From Mr. & ME. Warker
3525 Avondale Circle
Carfsbad, Ca. 92008
Dear Mr. Patchett,
there are eight of them.
We are writing to you about the problematic trees located on this street; currently
We are aware that during June, some of our neighbors sent you a letter which
contained a request for these trees to be replaced by the same city palm trees located on
Bedford Circle, the next street up. The only reason we didn't sign the letter, which we
agree with, is because we were out of town when signatures were collected.
Since then, the neighborhood has learned of the city code which states that trees
are not to be located "within 5 feet of pavement." We think that the city should honor its
own regulation. We think that if the city wishes to sidestep this very logical standard, you
should seek permission from each and every resident in order to do so.
A couple of months ago, we lost the use of our driveway for 4 days so that your
employees could replacement a badly cracked section of our driveway that contained a
tripping hazard. There are additional sections of our driveway which are close te your tree
and are also cracked. Will the city replace these sections as well?
We spend time and money maintaining the area where the city has 2 ornamentat
pear trees. Although one tree has been trimmed more than the other, they both need a lot
more trimming in order to obtain a barely adequate look. Three good looking trees can be
seen on Donna Drive across from 3552 Donna; probably privately owned.
Our preference is for the cilyto do all of the physical work necessary to meet city
code requirements. After all, you own a boom and employ a boom operator; none of us do.
If the city won't operate in compliance with city code, apparently the citizens have the right
to do so.
Respectfully
., ., p. a , ,, . . ..-- .".rr----r.-.-L.I~.* --. . _, . __ ... . ' . . ..
/ September 24,2003
To Mr. Ray Patchett
Cify Manager for the City of Carlsbad
1
From Milton Cooper
3501 Avondale Circle
Carlsbad, California 92008
Dear Mr. Patchett,
My wife and I have been living here ever since the home was new in 1970.
A couple of months ago, I was pleased when a neighbor gave me an opportunity
to sign a letter wherein we are asking the city to-continue with a tree repIacement project
that was started (and abruptly stopped) on Bedford Circle a few years ago. We have a
very high regard for the many palm trees that are on Bedford Circle. We definitely do
not like the ornamental pear trees that are on this street.
The palm trees look much better than the ornamental pear trees. But the best
reason to finish the replacement project deals with the damage done by the roots of the
pear trees, which is substantial. There have been too many replacement projects on this
street because of those roots. New sidewalks, new curbs, new gutters; old section meets
new section meets old section meets new section, etc. Although the City spends lots of
money to correct the damage and eliminate the tripping hazards, our neighborhood
always looks a little bit worse with each additional repair job. Plus the dust, noise, and
inconvenience. A couple of months ago, my neighbors at '3525' were unable to use their
driveway for 3-4 days because a new driveway entrance was poured by City crews;
today, the beginning of their driveway is white, and the remaining 90% is gray.
The driveway next to me at '351 5' has cracks in it, possibly already a tripping
hazard. The driveway at 3520 has lots of cracks in it. Along with 3525, there are city
trees within a few feet of the driveways of these 3 homes.
I don't want any portion of my driveway to crack. I recently learned of a city
ordnance that states that trees should not be planted within 5 feet of pavement. The
ordnance should contain an exception for the ornamental pear tree, for which the
minimum distance to pavement should be thirty feet. Nevertheless, at this time, the trunk
of a- city tree is about five feet away from my driveway. I would be pleased if you would
remove the tree.
Also, when we receive an answer to the question about the tree replacement
program? When wilI the City resume the project?
Sincerely,
.Sqi/4,3OD3
Statement of USPS Letter Carrier for 3520 Avondale Circle
I have been the primary letter carrier to the above address for several years.
The USPS is aware that the mailbox to the above address is fastened to a
tree, a situation which has USPS approval. We have been providing service
to this location for several months, and deem same as an established mailbox
location.
The “3520 Mailbox” was located on the other side of the driveway for
several years, and was attached to a normal stand that was buried in the dirt.
About 3 years ago, the mailbox box stand was at the original location,
whereupon it began to rise out of the ground.. . slow but steady. I noticed
that the public sidewalk also began to rise out of the ground at the same
time. Perhaps the cause, in both cases, was the city tree which was only
about 3 feet from the mailbox and also 3 feet from the sidewalk.
By November 2002, the mailbox stand was very loose and wobbly. The
mailbox had a pronounced forward lean, making it a bit of a challenge to
close the flap before the mail could spill out. This was when the owner
elected to re-locate the mailbox to the tree, which has been easier for us to
service than the original location.
To the Carlsbad ParkdTrees Appeals Board 11/23/2004
From Glenn Bernard
Regarding My Pending Appeal
I hope that by now, at least one member of the board has already begun to
investigate what I have previously written.
Nevertheless, I am surprised that we might not meet until March 2005.
This might be due, in part, due to a recent letter where I indicated 3 dates
whereby I had prior commitments in the evenings. December 10 is one of
the 3 dates. Christmas Party.
But, there has already been a lot of inconvenience, wasted money, wasted
time, and damaged property.
I’m driving around with a cracked windshield in my pickup truck.
What’s the big deal about a Christmas Party?
Let’s get this thing done.
I will gladly forego the Christmas Party in order to meet with you on
December 10. Keith Beverly says that you will be meeting. I’d like to be
there. I will either arrive late at the Christmas Party or not show up at all.
Thanks again for volunteering in ugly situations such as this.
Very Respectfully,
cc Keith Beverly
- City of Carlsbad
November 30,2004
Glen R. Bernard
3520 Avondale Circle
Carlsbad, CA 92008
Mr. Bernard;
I am in receipt of your recent correspondence to the Carlsbad Parksnrees Appeal Board of
As related to you previously, it is actually the Carlsbad Parks and Recreation Commission that hears citizen appeals related to tree removals.
IMPROVING November 23,2004. QUALITY
OF LIFE
As you are aware, your specific appeal was scheduled for hearing at the November ISth Parks
and Recreation Commission meeting. At your request, the November appeal date was
deferred by the Commission to accommodate your previous commitment-as acknowledged in
your letter of November 5,2004. BUILDING COMMUNITY
PRIDE In that same correspondence, you also acknowledged an inability to meet on December
as well. However, in your most recent letter (November 23,2004) you indicated that in lieu of
waiting several more months for a hearing date, you would be able to meet in December.
As I indicated to you via telephone conversation on November 16,2004, your appeal will not be heard during the December meeting. Notwithstanding that, the Commission is being
requested to establish a special meeting time and date in January so your appeal can be
heard since the third Monday in both January and February are regularly scheduled City and
Federal Holidays. Therefore, your appeal hearing will not be postponed by several months.
FAMILIES
I will be in contact with you to inform you of your appeal date and time once the Commission
has established it.
Keith Beverly
Senior Management Andlyst
cc: Recreation Director - Price
Deputy Public Works Director - General Services - Duncanson
Deputy City Attorney - Kemp
Deputy City Attorney - Parsons
Parks Superintendent - Lancaster
Risk Manager - Letsch
Parks and Recreation Commissioners
www.ci xarlsb
1200 Carlsbad Village Drive Carlsbad, GA 92008-1 989 (760) 434-2826 FAX (760)-
- City of Carlsbad
IMPROVING
QUALITY
OF LIFE
BUILDING
COMMUNITY
PRIDE
STRENGTHENING
FAMILIES
December 14,2004
Glen R. Bernard
3520 Avondale Circle
Carlsbad, CA 92008
Mr. Bernard;
The Carlsbad Parks and Recreation Commission was requested by its’ staff to
establish a special meeting in January to hear your appeal regarding Street Tree(s)
on Avondale Circle.
Because the regularly scheduled meeting falls on the Martin Luther King observed
holiday, the Commission meeting has been rescheduled to Wednesdav, Januarv 12, - 2005. The meeting will be held at the Carlsbad Senior Center and will begin at
5:30pm. The Senior Center is located at 801 Pine Avenue in Carlsbad.
The Commission members are in receipt of communications you have directed to
them with regards to your appeal.
If you should have any questions regarding the Commissions involvement with your
appeal, please contact me at (760) 434-2827. You are encouraged to address the
Commission members on your behalf at the January 12* meeting.
Sincerely,
, DEVELOPING
TOMORROW’S
LEADERS
Senior Management Anaiyst
cc: Recreation Director - Price
Deputy Public Works Director - General Services - Duncanson
Deputy City Attorney - Kemp
Parks Superintendent - Lancaster
Risk Manager - Letsch
Parks and Recreation Commissioners
w ww. c i .car Is I
1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (760) 434-2826 FAX (760)