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HomeMy WebLinkAboutStaff Report 14233 City of Palo Alto (ID # 14233) City Council Staff Report Meeting Date: 5/9/2022 Report Type: Consent Calendar City of Palo Alto Page 1 Title: Adoption of a Resolution Designating Redwood Tree at 1019 Forest Court as a New Heritage Tree #5 and Removing Previously Designated Silver Maple at 1872 Edgewood Drive From the List of Heritage Trees From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council adopt a resolution (Attachment B) designating a Coast Redwood located at 1019 Forest Court as a “heritage tree” at the request of the owner of the property and remove the former heritage tree located at 1872 Edgewood Drive from the heritage tree list. Background In 1996, Council enacted the Tree Preservation Ordinance, Chapter 8.10 of the Palo Alto Municipal Code, to preserve and maintain specified native oaks, redwoods, and heritage trees on private property, and to protect them from disfigurement or removal, except in certain circumstances. Section 8.10.090 of the ordinance allows persons to nominate a tree on their property for heritage tree status. After Council approval of such designation, the tree is added to the heritage tree listing, which includes specific location, overall size, and canopy spread. The list is maintained by the Department of Public Works and available to the public on the City’s Urban Forestry website. Once designated, a heritage tree is protected by the provisions of the Tree Preservation and Management Regulations, unless removed from the heritage tree list by subsequent Council action at the request of the property owner. The property owner at 1019 Forest Court, Ms. Enid Pearson, has applied to designate a Coast Redwood as a heritage tree (Attachment A). Heritage tree #5, a silver maple located at 1872 Edgewood Court had reached the end of its life span and was in decline and becoming hazardous. The property owners, the Starner Family, applied for and received a protected tree removal permit in December 2021 and have since removed the tree. It now needs to be officially removed from the heritage tree list. City of Palo Alto Page 2 Discussion Staff has reviewed the application for the coast redwood at 1019 Forest Court and the benefits, restrictions, and obligations for a tree on private property being designated as a heritage tree by Council. The owner, Ms. Pearson, is committed to maintaining the tree according to the standards of practice, care, and stewardship outlined in the Palo Alto Tree Technical Manual; disclosing this obligation to future owners of the property; and allowing the address and tree location to appear on City inventory lists, maps, and in online heritage tree information. Staff has evaluated the tree and supports the heritage tree designation. The tree is of sound health and structure, is a significant contributor to the landscape scheme of the property, and is visible from most locations in the neighborhood and, with reasonable care, will live for many years to come. To be designated as a heritage tree, the tree must meet one or more of the PAMC Section 8.10.090 criteria listed below: 1. It is an outstanding specimen of a desirable species. 2. It is one of the largest and oldest in Palo Alto. 3. It possesses distinctive form, size, age, and location. The Coast Redwood meets the standard for heritage tree designation and satisfies criteria 1 & 2 as set forth above. Written request, consent, and photographs from the owner have been received, along with a written analysis of the tree's specific location, size, dimensions, quality, economic value, and the cultural and familial significance included in the arborist report prepared by consulting arborist David Dockter of Arbor Advisor, (Attachment A). The tree is a desirable species, healthy and sizable, is of cultural and familial significance and is one of the best examples of a Coast Redwood in all of Palo Alto. Roughly 48 years old, the tree has been well maintained and has a favorable prognosis for the future and contributes approximately $40,600 to the property value. Timeline, Resource Impact, and Policy Implications There is no staff or funding resources required for this action, nor any policy changes required. The tree at 1019 Forest Court will be designated as a heritage tree once the resolution is adopted. Stakeholder Engagement No formal engagement was undertaken; however, the property owner did include a letter of support for designating this tree as a heritage tree from a neighboring property owner. Environmental Review Adoption of this resolution does not require environmental review. Attachments: • Attachment A: 1019 Forest Ct Heritage Tree Documents • Attachment B: Resolution Designating a Heritage Tree at 1019 Forest Court and removing a Heritage Tree at 1872 Edgewood Drive Enid Pearson, 1019 Forest Court, Palo Alto, CA 94301 January 12, 2022 Palo Alto City Council Palo Alto, CA 94301 Re: Heritage Tree Designation by City Council Dear Mayor Burt and Members of the Palo Alto City Council: This is my application for a Heritage Tree Designation by the City Council for a beautiful coast redwood tree that is on my property at 1019 Forest Court. It would be an extraordinary addition to Palo Alto’s Urban Forestry program for Heritage Trees. I have included a report from one of Palo Alto’s finest arborists, David Dockter, and several pictures of the tree, including a painting of the tree by my granddaughter, Bryn Barton. When I moved into my Forest Court home in 1977, the yard was barren, except for two badly trimmed and topped eucalyptus trees and one desperate oak in the middle of the yard. This was also the year we had one of our unusually rainy storms and during the night the poor oak just fell over taking out part of the fence, leaving my house intact. After the cleanup, I consulted with my friend Mary Gordon, Landscape Architect, and she recommended planting the African Linden and the Coast Redwood. I have kept the African Linden (which was from a pot at my former house) well in check and the Redwood was allowed to grow at will, with regular watering. Today this wonderful tree is over 65 inches in diameter and 163 feet in height. I think it is magnificent. It belongs on Palo Alto’s list of significant trees – El Palo Alto’s neighbor! One of Palo Alto’s most beloved assets is its trees. It is quite wonderful to drive (or walk) down our streets and marvel at the great variety and number of trees. It was always my aim when I was on the council that any development that proposed taking out a tree was obligated to plant a replacement. It was most painful when developments replaced trees with what I called “buggy-whip saplings” which usually took another 20 years to grow to 20 feet tall, if they even survived that long. I compliment you on your recently revised tree ordinance; you recognized Palo Alto’s great tree value. If you read David Dockter’s assessment of my proposed designated heritage tree I think you will appreciate my desire to protect this tree for future Palo Altans. I request that this Council add this incredible tree to its list of Heritage Trees. Thank you. Enid Pearson, former Councilmember, 1965-75. Enid Pearson, signature the ARBOR ADVISOR David Dockter ~ Freelance consulting services ~ 255 Calle Marguerita, Los Gatos, California 95032 ~ Phone: 408-318-7316 ~ davedockter@comcast.net ~ ISA Qualified Risk Assessor ~ American Planning Association ~ ISA Certified Arborist #WE-0351 January 5, 2022 Ms. Enid Pearson 1019 Forest Court Palo Alto, CA 94301 RE: Heritage Tree Designation—Arborist Report of a Coast Redwood Dear Ms. Pearson: Thank you for the opportunity to assist with your request for an arborist report for a Coast redwood tree on your property. I understand you are proposing the tree be considered for a City of Palo Alto Urban Forestry program for Heritage Trees, a formal Resolution by City Council for designated trees that meet certain qualifications1. This report is prepared for the purpose of providing both you and City Council with an overview of the tree's size, health, history, and value to the community to aid their consideration of the tree to be designated. The City of Palo Alto Heritage Tree designation would be in addition to its existing status of a protected tree pursuant to the Tree Preservation and Management Regulations, Palo Alto Municipal Code, Chapter 8.10. I am a qualified arborist certified by the International Society of Arboriculture2. Because of the considerations and findings documented below, I believe that the Heritage Tree candidate Coast redwood is unique and of importance to the community because it is a desirable species, healthy, sizable, and is perhaps one of the best examples of a Coast redwood in the city. LOCATION OF THE TREE The tree is located on your property at 1019 Forest Court, Palo Alto, California. It is well-placed in the northwest rear yard corner within the side and rear setback area, safely distant from primary structures in all directions. A typical good-neighbor wood fence to the north is approximately two feet clear from the tree base and a wrought iron view fence is located near the base on the west side. The dominant tree is standing compatible among several understory shrubs and trees sharing its environs, including a rare African Linden (Sparrmannia Africana) and Argyle Apple (Eucalyptus cineria). SPECIES, HABITAT, SIZE AND AGE OF THE TREE The subject tree, a Sequoia sempervirens ‘Los Altos’, Coast redwood is native to California and indigenous to the foothills of the Santa Cruz Mountains. The variety, ‘Los Altos’, is propagated from an original parent tree of the Los Altos foothill region adjacent to Palo Alto. This is considered a beneficial asset and may well ensure this individual tree’s prognosis to be more adaptable and resilient to climate or other stresses than other varieties sold on the market and planted throughout California. The Coast redwood tree is 65-inches in diameter, 163- feet in height and has a lower crown dimension of 54-feet x 42-feet. I understand that you planted the young tree (3-yr. Typ. age) in 1977, putting the current age of the redwood tree at 48 years—or nearly half a century old. 1 Heritage Tree Checklist. Tree Technical Manual, 6th printing. Appendix N. https://www.cityofpaloalto.org/civicax/filebank/documents/51800 2 International Society of Arboriculture. The International Society of Arboriculture manages TreesAreGood.org, an educational website that provides the public with quality tree care information. ISA credentialing of a person demonstrates a proper knowledge and skills, as well as a high level of dedication to the profession and our community. Go to: https://www.isa- arbor.com/ Client: Enid Pearson January 5, 2022 Site: 1019 Forest Court, Palo Alto Project Reference #: Heritage Tree Designation Page 2 of 10 ~ 255 Calle Marguerita, Los Gatos, California 95032 ~ Phone: 408-318-7316 ~ davedockter@comcast.net ~ ISA Qualified Tree Risk Assessor ~ American Planning Association ~ ISA Certified Arborist #WE-0351 HEALTH, CONDITION AND MAINTENANCE OF THE TREE The Coast redwood is in relatively good health and condition. Its root growth has been opportunistic in the regional alkaline soil (proximity to San Francisquito Creek alluvial sediment) and water table, as well as incidental landscaping surface water from yards. My general observations indicate that the tree is:  a handsome upright tree visible from distant neighborhood streets  exceptional in structure, dark green foliage color and aesthetic beauty  supporting fair annual shoot growth (an average of six inches over the last 5 years)  well-rooted with little chance of toppling over  adapted nicely to the regional soil characteristics The exceptional tree structure and superior crown is evident from many years of professional maintenance practices from tree workers under your direction. Absent of many common deficiencies, the single upright stem has no side spar trunks or bifurcated top, only a minor basal flare, and branch lengths on the entire tree have been proportionally tipped for safety. This end-weight pruning of branch ends yields a minimal risk of branch failure and a strong structure able to withstand strong prevailing winds. Coast redwoods are resilient--not prone to many insects, disease, or fire. The tree needs no special attention other than pruning. CULTURAL AND FAMILY LEGACY SIGNIFICANCE You have reported to me that the Coast redwood tree has been lovingly recreated by your granddaughter, Ms. Bryn Barton, with a wonderful patio fresco mural painting executed on the outside wall of your home. The backyard wall painting, protected in an alcove from the elements by the roof eve overhang depicts the special Coast redwood tree among other natural elements envisioned by the artist. From the vantage of the family patio, viewing the painted wall fresco with its playfully designed tree theme, the onlooker can simply look up over the eves to see the actual living redwood tree towering over the roofline. A fresco painted on real property reinforces a relative permanence of the tree to the property and neighborhood. City Council may wish to consider this importance of the tree + fresco family legacy element when determining the Heritage Tree designation. In addition to the family legacy significance of the redwood, the tree species is in good company associated with the El Palo Alto Redwood3, a local cultural resource and California State Historical Landmark #2. APPRAISAL AND TREE BENEFITS National, state, municipal and real estate recognize that plants have value beyond their aesthetic contribution to a landscape, and that their contribution can be assessed. The following horticultural appraisal, using the current Guide for Plant Appraisal authored by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture, includes consideration of the tree species, size, condition, and location/tree placement factors that influence the value of a tree. The appraised value of the Coast redwood Heritage Tree candidate is estimated to be $40,6004. 3 El Palo Alto Redwood Report. Heritage Tree #1. 1999. http://trees.stanford.edu/PDF/elpaloalto.pdf 4 Guide for Plan Appraisal, 10th Edition, 2nd Printing. Council of Tree & Landscape Appraisers. 2019. Species Classification & Group Assignment Supplement. Western Chapter ISA. 2004 Client: Enid Pearson January 5, 2022 Site: 1019 Forest Court, Palo Alto Project Reference #: Heritage Tree Designation Page 3 of 10 ~ 255 Calle Marguerita, Los Gatos, California 95032 ~ Phone: 408-318-7316 ~ davedockter@comcast.net ~ ISA Qualified Tree Risk Assessor ~ American Planning Association ~ ISA Certified Arborist #WE-0351 The Heritage Tree candidate redwood provides monetary and environmental benefits to the property owner, neighborhood, and city. Community-wide tree benefits can be understood and forecasted by using the National Tree Benefits Calculator using i-Tree. For approximate reference a 45-inch trunk size Coast redwood may provide the following annual benefits to the local community5 through cost-avoidance or accrued value:  A 45-inch Coast redwood will raise the property value by $405 this year and will add 387 sq. ft. of leaf surface area, increasing in subsequent years.  A 45-inch Coast redwood will conserve 525 Kilowatt hours of electricity for cooling and reduce consumption of oil or natural gas by 13 therm(s).  A 45-inch Coast redwood will intercept 5931 gallons of stormwater runoff this year, acting as a mini- reservoir controlling runoff at the source. CONCLUSION Supported by the above considerations and documented findings, I find that the Heritage Tree candidate Coast redwood is unique and of importance to the community and family heritage because is a desirable species, healthy, sizable, and is perhaps one of the best examples of a Coast redwood in the city. I support the City Council designation of the Coast redwood to be added to the Heritage Tree List on behalf of the property owner and the current and future residents of the City of Palo Alto. Respectfully, David Dockter, the Arbor Advisor Certified Arborist (WE-0351) ISA Tree Risk Assessor Qualified American Planning Association EXHIBITS: A: Photographs B: NTB Calculator Sheet on Property values C: NTB Calculator Sheet on Energy D: NTB Calculator Sheet on Stormwater E: Disclosure & Limiting Report Conditions 5 The Center for Urban Forest Research. The Tree Benefit Calculator is intended to be simple and accessible. As such, this tool should be considered a starting point for understanding trees’ value in the community rather than a scientific accounting of precise values. For more detailed information on urban and community forest assessments, visit the i-Tree website. https://www.fs.fed.us/psw/topics/urban_forestry/. 12/12/21, 3:51 AM Google Maps https://www.google.com/maps/@37.4536693,-122.1504942,75a,35y,90h,39.58t/data=!3m1!1e3 1/1 Imagery ©2021 Google, Map data ©2021 , Map data ©2021 20 ft 1019 Forest Court, Palo Alto_Heritage Tree Candidate_Sequoia sempervirens 'Los Altos' 1019 F o r e s t C t . Heritage Tree candidate Coast Redwood featured prominently in center of Google Map at 1019 Forest Court, Palo Alto Client: Enid Pearson January 5, 2022 Site: 1019 Forest Court, Palo Alto Project Reference #: Heritage Tree Designation Page 4 of 10 ~ 255 Calle Marguerita, Los Gatos, California 95032 ~ Phone: 408-318-7316 ~ davedockter@comcast.net ~ ISA Qualified Tree Risk Assessor ~ American Planning Association ~ ISA Certified Arborist #WE-0351 EXHIBIT A ~ Photographs Coast redwood ground level photo showing a solid single stem, well anchored basal flare, and professionally thinned branching Client: Enid Pearson January 5, 2022 Site: 1019 Forest Court, Palo Alto Project Reference #: Heritage Tree Designation Page 5 of 10 ~ 255 Calle Marguerita, Los Gatos, California 95032 ~ Phone: 408-318-7316 ~ davedockter@comcast.net ~ ISA Qualified Tree Risk Assessor ~ American Planning Association ~ ISA Certified Arborist #WE-0351 View from Forest Court shows superior tree proportions of the 163-foot-tall Coast redwood (comprising height, crown density, conical taper and well-pruned branch lengths by professional trimers—resulting in a safe, wind resilient tree over long term. Client: Enid Pearson January 5, 2022 Site: 1019 Forest Court, Palo Alto Project Reference #: Heritage Tree Designation Page 6 of 10 ~ 255 Calle Marguerita, Los Gatos, California 95032 ~ Phone: 408-318-7316 ~ davedockter@comcast.net ~ ISA Qualified Tree Risk Assessor ~ American Planning Association ~ ISA Certified Arborist #WE-0351 The Coast redwood is well-placed on the property in the side and rear setback area, and clear from buildings and powerline conflicts Towering above the Pearson home, the Coast redwood has grown well with other rare landscape trees and shrubs Client: Enid Pearson January 5, 2022 Site: 1019 Forest Court, Palo Alto Project Reference #: Heritage Tree Designation Page 7 of 10 ~ 255 Calle Marguerita, Los Gatos, California 95032 ~ Phone: 408-318-7316 ~ davedockter@comcast.net ~ ISA Qualified Tree Risk Assessor ~ American Planning Association ~ ISA Certified Arborist #WE-0351 The Bryn Barton fresco is applied to the outer wall above the pottery shelf at the Enid Pearson home. The family Coast redwood is depicted to the right of the natural mountain canyon stream path image envisioned by the artist. Client: Enid Pearson January 5, 2022 Site: 1019 Forest Court, Palo Alto Project Reference #: Heritage Tree Designation Page 8 of 10 ~ 255 Calle Marguerita, Los Gatos, California 95032 ~ Phone: 408-318-7316 ~ davedockter@comcast.net ~ ISA Qualified Tree Risk Assessor ~ American Planning Association ~ ISA Certified Arborist #WE-0351 ~~ End of Photos ~~ Landscape design has created a shady grotto under the Coast redwood 12/18/21, 1:43 PM Benefits of your tree www.treebenefits.com/calculator/ReturnValues.cfm?climatezone=Northern California Coast 1/1 National Tree Benefit Calculator Beta Home Calculate another tree The National Tree Benefit Calculator was conceived and developed by Casey Trees and Davey Tree Expert Co. Located in front of a single family home, this 45 inch Coast redwood will raise the property value by $405 this year. Trees in front of single family homes have a greater property value benefit than those in front of multi-family homes, parks or commercial properties. Real estate agents have longknown that trees can increase the "curb appeal" of properties thereby increasing sale prices. Research has verified this by showing that home buyers are willing to pay more forproperties with ample versus few or no trees. This model uses a tree’s Leaf Surface Area (LSA) to determine increases in propertyvalues. That’s a researcher’s way of saying that a home with more trees (and more LSA) tends to have a higher value than one with fewer trees (and lower LSA). The values shownare annual and accumulate incrementally over time because each tree typically adds more leaf surface area each growing season. The amount of that increase depends on the type of tree – some add more, some less. The 45 inch Coast redwood you selected will add 387 square feet of LSA this year. In subsequent years it will add more, and the property value will increase accordingly. For more information visit: The Center for Urban Forest Research Overal Benefits Storm Water Property Value Energy Air Quality CO2 About the Model 12/18/21, 1:43 PM Benefits of your tree www.treebenefits.com/calculator/ReturnValues.cfm?climatezone=Northern California Coast 1/1 National Tree Benefit Calculator Beta Home Calculate another tree The National Tree Benefit Calculator was conceived and developed by Casey Trees and Davey Tree Expert Co. Your 45 inch Coast redwood will conserve 525 Kilowatt hours of electricity for cooling and reduce consumption of oil or natural gas by 13 therm(s). Trees modify climate and conserve building energy use in three principal ways (see figure at left): Shading reduces the amount of heat absorbed and stored by buildings.Evapotranspiration converts liquid water to water vapor and cools the air by using solar energy that wouldotherwise result in heating of the air. Tree canopies slow down winds thereby reducing theamount of heat lost from a home, especially whereconductivity is high (e.g., glass windows). Strategically placed trees can increase home energy efficiency. In summer, trees shading east and west walls keep buildings cooler. In winter, allowing the sun to strike the southern side ofa building can warm interior spaces. If southern walls are shaded by dense evergreen trees there may be a resultantincrease in winter heating costs. For more information visit: The Center for Urban Forest Research Overal Benefits Storm Water Property Value Energy Air Quality CO2 About the Model 12/18/21, 1:42 PM Benefits of your tree www.treebenefits.com/calculator/ReturnValues.cfm?climatezone=Northern California Coast 1/1 National Tree Benefit Calculator Beta Home Calculate another tree The National Tree Benefit Calculator was conceived and developed by Casey Trees and Davey Tree Expert Co. Your 45 inch Coast redwood will intercept 5,931 gallons of stormwater runoff this year. Urban stormwater runoff (or "non-point source pollution") washes chemicals (oil, gasoline, salts, etc.) and litter from surfaces such asroadways and parking lots into streams, wetlands, rivers and oceans. The more impervious the surface (e.g., concrete, asphalt, rooftops), the morequickly pollutants are washed into our community waterways. Drinking water, aquatic life and the health of our entire ecosystem can be adversely effected by this process. Trees act as mini-reservoirs, controlling runoff at the source. Trees reducerunoff by: Intercepting and holding rain on leaves, branches and bark Increasing infiltration and storage of rainwater through the tree's rootsystem Reducing soil erosion by slowing rainfall before it strikes the soil For more information visit: The Center for Urban Forest Research Overal Benefits Storm Water Property Value Energy Air Quality CO2 About the Model Client: Enid Pearson January 5, 2022 Site: 1019 Forest Court, Palo Alto Project Reference #: Heritage Tree Designation Page 9 of 10 ~ 255 Calle Marguerita, Los Gatos, California 95032 ~ Phone: 408-318-7316 ~ davedockter@comcast.net ~ ISA Qualified Tree Risk Assessor ~ American Planning Association ~ ISA Certified Arborist #WE-0351 EXHIBIT D DISCLOSURE AND LIMITING REPORT CONDITIONS The following terms and conditions apply to all oral and written reports and correspondence pertaining to the consultations, inspections and activities of David Dockter, consultant. 1. All property lines and ownership of property, trees and landscape plants and fixtures are assumed to be accurate and reliable as presented and described to the consultant, either verbally, graphically or in writing. David Dockter, Consultant, assumes no responsibility for verification of ownership, locations of property lines, or for results of any actions or recommendations based on inaccurate information. 2. It is assumed that any property referred to in any report or in conjunction with any services performed by David Dockter, is not in violation of any applicable codes, ordinances, statutes, or other governmental regulations, and that any titles and ownership to any property are assumed to be good and marketable. Any existing liens and encumbrances are disregarded. 3. All reports and other correspondence are confidential, and are the property of David Dockter, Consultant, and its named clients and their assigns or agents. Possession of this report or a copy thereof does not imply any right of publication or use for any purpose, without the expressed permission of the Consultant and the Client to whom the report was issued. Loss, removal, or alterations of any part of the report invalidates the entire report, appraisal evaluation or opinion. 4. The scope of any report or other correspondence is limited to the trees and conditions specifically mentioned in those reports and correspondence. David Dockter, as the consultant assumes no liability for the failure of trees or parts of trees, either inspected or otherwise. The consultant assumes no responsibility to report on the condition of any tree or landscape feature not specifically requested by the named client. 5. All inspections are limited to visual ground examination of accessible parts, without dissection, excavation, probing, boring or other invasive procedures, unless otherwise noted in the report. David Dockter does not take responsibility for any defects which could have only been discovered by climbing. A full root collar inspection, consisting of excavating the soil around the tree to uncover root collar & major buttress roots was not performed unless otherwise stated. 6. Any photographs, diagrams, graphs, sketches, or other graphical material included in any report, being intended solely as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys, unless otherwise noted in the report. Any reproduction of graphic material or the work product of any other persons is intended solely for the purpose of clarification and ease in reference. Inclusion of said information does not constitute a Client: Enid Pearson January 5, 2022 Site: 1019 Forest Court, Palo Alto Project Reference #: Heritage Tree Designation Page 10 of 10 ~ 255 Calle Marguerita, Los Gatos, California 95032 ~ Phone: 408-318-7316 ~ davedockter@comcast.net ~ ISA Qualified Tree Risk Assessor ~ American Planning Association ~ ISA Certified Arborist #WE-0351 representation by consultant David Dockter, as to the sufficiency or accuracy of that information. 7. No assurance can be offered that if all Consultant’s recommendations and precautionary measures are accepted and followed that, the desired results may be achieved. It remains the responsibility of the Client to determine applicability to his/her case. No warrantee or guarantee is made, expressed or implied that the problems or deficiencies of the plants or the property will not occur in the future, from any cause. The consultant shall not be responsible for damages caused by any tree defects and assumes no responsibility for the correction of defects or tree related problems. 8. In terms of tree risk, trees can be managed, but they cannot be controlled. Thus, the only way to eliminate all risk associated with trees is to eliminate all trees. It is then acknowledged that to live near trees is to accept some degree of risk. 9. Any report and the values, observations, and recommendations expressed herein represent the professional opinions of the consultant, and the fee for services is in no manner contingent upon the objective reporting of a specified value or upon any finding to be reported. 10. Neither all nor any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public relations, news, sales or other media, without the prior expressed written or verbal consent of the Arbor Advisor - particularly as to value, conclusions, identity of the consultant/appraiser, or any reference to any professional society or institute or to any initialed designation conferred upon the consultant as stated in his qualification. 11. The consultant shall not be required to provide further documentation, give testimony, be deposed, or to attend court by reason of this appraisal/report unless subsequent contractual arrangements are made, including payment of additional fees for such services as described by the consultant or in the fee schedule or contract. 12. Any dispute or claim arising out of or relating to this agreement, or the breach thereof, shall be settled through mediation and by a mediation service acceptable to both parties. The demand for mediation shall not be made after such claim or dispute would be barred by any governing law. If mediation does not resolve the issue, the parties agree to proceed through binding arbitration in accordance with the then prevailing rules of the American Arbitration Association. Consultant shall not pay punitive damages or fees more than his billed charges. 13. Neither all nor any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the Client or its agents, to the public through advertising, public relations, Client: Enid Pearson January 5, 2022 Site: 1019 Forest Court, Palo Alto Project Reference #: Heritage Tree Designation Page 11 of 10 ~ 255 Calle Marguerita, Los Gatos, California 95032 ~ Phone: 408-318-7316 ~ davedockter@comcast.net ~ ISA Qualified Tree Risk Assessor ~ American Planning Association ~ ISA Certified Arborist #WE-0351 news, sales or other media, without the prior expressed written or verbal consent of David Dockter--particularly as to value, conclusions, identity of the consultant/appraiser, or any reference to any professional society or institute or to any initialed designation conferred as stated in my qualifications. Thank you for providing the opportunity to assist you with your project and decisions. the Arbor Advisor. ~~ End of Report ~~ APPENDIX N www.cityofpaloalto.org/trees Application Checklist for Heritage Tree Designation by City Council STEP # CHECKLIST OF ITEMS TO INCLUDE 1.1. Applicant Consent Letter Addressed to: City Council City of Palo Alto, P.O. Box 10250 Palo Alto, CA 94303 Property owners’ statement of intent requesting that the subject tree(s) be considered as a candidate for Heritage Tree status as outlined in CPA Municipal Code 8.10.090 and the reason you feel it qualifies for such. State assurance to the City of the applicant’s indefinite commitment to maintain the Heritage Tree specimen according to the standard practice of care and stewardship, and to disclose the same to any future owners of the property. Grant consent to include the address and tree location on an inventory list and map that may be utilized by persons interested in viewing the tree. 2.1 Photographic Documentation Photographs of the tree need not be professional, but must clearly show the tree form and its orientation on the property. They should be suitable for reproduction and viewing by the City Council. Creative tips such as long distance, interesting angles, full sun vs. silhouette and a view as seen from the street should be explored. 3.1 Arborist Letter Report An ISA Certified Arborist’s report must include the following for each tree: Arborist Name, Certification # and company letterhead Species (a common and scientific name) Size (diameter, height and crown spread) Condition (foliage, vigor, structural integrity, etc.) Life expectancy and brief narrative of the tree Location diagram 4.1 Value Appraisal To determine the tree’s contribution to the overall real estate value of the property, a tree appraisal that is prepared by an ISA Certified Arborist shall be included in the submittal. As long as the Heritage Tree remains in good standing on the City Council listing, the property owner will realize benefit of the tree’s documented value for use in real estate transactions, IRS property loss claims (due to sudden event/disaster) or other bonafide uses. The appraisal will use the most current edition of (1) the ‘Guide for Pant Appraisal’, published by the Council of Tree and Landscape Appraisers and, (2) the most recent ‘Form for Northern California’ established by the International Society of Arboriculture. Form for Northern California’ established by the International Society of Arboriculture. 5.1 City Review. Upon receipt of the above information, an evaluation review will be performed by the Department of Public Works and Planning and Community Environment to determine candidate viability. If no other information is needed and the candidate tree is deemed suitable, as outlined in PAMC 8.10.090, the application will be recommended for City Council review and a City Managers Report (CMR) will be prepared. 6.1 City Council Action The City reserves the privilege of combining a number of Heritage Tree applications before being placed on the City Council agenda for consideration. Notice of this Agenda item will be mailed to the property owner. The property owner will receive written response of the Council action to the determination of acceptance or denial. The property owner’s Heritage Trees will be entitled to all benefits realized from other Protected Trees, as outlined in PAMC 8.10. Records of the tree will be maintained by the City indefinitely and available for review, and may be updated by the property owner at any time. x x x x xxx xx x x x x x x www.cityofpaloalto.org/trees ~ ~This page intentionally left blank~ ~ Enid Pearson <enidpearson1@gmail.com> Redwood Tree 1 message Joyce Rice <rockrice23@gmail.com>Wed, Jan 12, 2022 at 3:44 PM To: Enid Pearson <enidpearson1@gmail.com> Hi Enid, I am so happy you are working on declaring your Redwood tree as a heritage tree. The attached photo shows a view from my back deck in late summer. This landscape is a great source of joy and renewal for me and my guests. I'm happy to provide more photos if you could use them. -Joyce *NOT YET APPROVED* 1 0160069_20220411_ay16 Resolution No. ___ Resolution of the Council of the City of Palo Alto Designating a Heritage Tree at 1019 Forest Court and removing a Heritage Tree at 1872 Edgewood Drive R E C I T A L S A. Pursuant to Palo Alto Municipal Code section 8.10.090, upon nomination by any person and with the written consent of the property owner(s), the City Council may designate a tree as a heritage tree. B. A tree may be designated as a heritage tree upon a finding that it is unique and of importance to the community because it is an outstanding specimen of a desirable species or it is one of the largest and oldest trees in Palo Alto or it possesses distinctive form, size, age, location, and/or historic significance. C. Enid Pearson the owner of 1019 Forest Court has requested the coast redwood on her property be designated as a heritage tree. D. The City Council finds that the coast redwood at 1019 Forest Court is unique and of importance to the community because it is a desirable species, healthy and sizable, of cultural and familial significance, and is one of the best examples of a Coast Redwood in Palo Alto. E. Pursuant to Palo Alto Municipal Code section 8.10.090, upon written request of the property owner(s) or by City Council action, the City Council may remove a tree from the list of heritage trees. F. Suanne Starner the owner of 1872 Edgewood lawfully removed under permit the silver maple designated as Heritage Tree #5. G. The City Council finds that the silver maple at 1872 Edgewood Drive known as Heritage Tree #5 is no more. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The coast redwood tree located at 1019 Forest Court is designated as a heritage tree. SECTION 2. The silver maple tree located at 1872 Edgewood Drive is no longer designated as a heritage tree. *NOT YET APPROVED* 2 0160069_20220411_ay16 SECTION 3. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Public Works