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Home My WebLink About10/17/2006, PH2 - REQUESTED BACKGROUND INFORMATION ON 148 BROAD APPEAL N (Z0 4 PY - r COUNCIL VCDD DI Q CAO r FIN DIR RECEIVED LE�ACAO lA FIRE CHIEF uRED FILE [ATTORNEY 4Z PW DIR OCT 16 1006 MEETING AGENDA (ff CLERK/ORIG POLICE CHF 1 ITEM # DEPT HEADS REC DIR SLO CITY CLERK 'P _ Pli3 �1 UTIL DIR ��cexce � MEMORANDUM e1 Ems" From the Office of the City Attorney October 16, 2006 To: Mayor and City Council From: Jonathan P. Lowell, City Attorney Re: Requested Background Information on 148 Broad Appeal Council Member Mulholland requested some information on the resolution of a prior tree removal action relating to the property at 148 Broad. Accordingly, the attached information is being provided to the entire Council for background purposes only. Please be advised that this background information should not be used as the basis for action on the appeal before the Council on the October 17, 2006 agenda. Attachments cc: Ken Hampian Shelly Stanwyck John Mandeville Doug Davidson Phil Dunsmore Audrey Hooper I • e April 26, 2004 Dr.Barry Jones 148 Broad St. San Luis Obispo,CA 93405 RE: NOTICE OF VIOLATION OF MUNICIPAL CODE Dear Dr..Jones: You are hereby notified that this office has received a citizen complaint that you have committed a violation of the City's Municipal Code in the removal of a Redwood tree on your property at 148 Broad St. No person shall willfully injure, disfigure or intentionally destroy by any means any tree growing within the planting area or elsewhere within the jurisdiction of this chapter,except with permits described elsewhere in this chapter[violation of Section 12.24.130C of the City of San Luis Obispo Municipal Code]. The penalties for violating the above section are covered in the following section: Any person deemed responsible for damaging a tree or removing a tree without a permit as described in this chapter shall be liable for civil damages to the city in the amount adopted,by resolution,by the city council or for the value of the tree as determined by methods established by the International Society of Arboriculture, whichever is greater as determined by the city arborist(Section 12.24.130(G)of the City of San Luis Obispo Municipal Code) As you will notice in Section 12.24.130(G), you are liable for civil damages for the value of the trees that you removed, using the International Society of Arboriculture and the Council of Tree and Landscape Appraisers trunk formula method and replacement cost method for tree,appraisal. Please contact this office at your earliest convenience so we'can discuss this matter. Yours truly, Ron Combs Urban Forester cc: Tim Girvin,Code Enforcement Neil Havlik,Natural Resources Jonathan Lowell, City Attorney /¢nom y �►III�IIIIIIIflININh� °► Ihlllll � C, Cy of sAn WIS OBISPO ' 990 Palm Street, San Luis Obispo, CA 93401-3249 September-6, 2005 Dr. Barry Jones 148 Broad Street San Luis Obispo, CA 93405-1708 Re: Tree Violation at 148 Broad Street Dear Dr. Jones: As you are aware, the above-referenced matter was referred to this office for resolution. Early this year, you were advised that your civil damages amount was determined to be$5,200. However, the Tree Committee determined that you would be permitted to partially mitigate the calculated penalty amount by replanting trees on your property in accordance with a plan approved by the Urban Forester, Ron Combs. When we spoke by telephone, you expressed concern to me regarding the trunk circumference used in calculating the fine amount. I understand this issue has been resolved between you and Ron Combs with the agreed upon trunk circumference for purposes of the damages calculation being set at 19 inches. Using the agreed upon tree circumference, the total damages amount against you is $3,610 before the application of any replacement cost offset. On or about June 14, 2005 you forwarded to Mr. Combs a letter from Oceano Nursery stating that you had "... spent in excess of$1500 dollars on trees and miscellaneous plants ..." and documenting, in general terms, the types of trees and plants purchased. Your letter enclosing the nursery's correspondence stated that your"... costs of replacement trees exceeds $2000." Mr. Combs has subsequently inspected the property and determined that you have complied with the Tree Corrunittee's direction by planting eight (8) replacement shade trees, the costs for which will be applied as an offset to your total damages amount. However, the offset amounts were to be limited to the costs of replacement trees (and related installation costs) and will not include your costs in obtaining shrubs or other miscellaneous plants. Accordingly, after consulting with Oceano Nursery and calculating costs related to the eight replacement trees, Mr. Combs has determined that you are entitled to a mitigation offset in the amount of$1,350, resulting in a total damages amount due to.the City of$2,260. A copy of the Replacement Cost Method calculation worksheet and Mr. Combs breakdown of offset calculations is enclosed for your review. OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805)781-7410. Dr. Barry Jones September,'2005 Page 2 P Please feel free to contact me if you have any further questions. Otherwise, please forward payment made payable to the City of San Luis Obispo to the City within 30 days of the date of this letter. Thank you for your anticipated cooperation.. Very truly yours, onathan P. Lowell City Attorney JPUcp Attachments cc: Ron Combs September 2,2005 Attorney's Office City of San Luis Obispo 990 Palm Street, RE: Dr. Barry Jones Dear Christine It is my determination that Dr. Jones has complied with the Tree Committee in the planting of 8 shade trees on his property at 148 Broad Street to help mitigate some of the fine for illegal tree removal. After reading the letter from Oceano Nursery and my phone conversation with staff from that nursery my calculations are as follows. 8— 15gal shade trees average price$79.00 to $129.00=$100.00 X 8 =$800.00 Soil prep, fertilizer, stakes, and installation coasts=$550.00 Mitigation reduction$1,350.00 Agreed upon 19"diameter calculations, appraised value=$3,610.00 Appraised value$3610.00 Subtract- Mitigation$1350.00 Total reductions an new fine=$2260.00 Lf you have any questions please contact.me at x,023 Sincerely 7c1ITO =rM-J A I T'IT I n mA/n-iq A 1 Ta GQGC.7hCC9Q I+7•r c007/7n%cn