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Peter Cloven,
The subject tree claim that occurred on October 25, 2020 causing approximately $30,000 damage was denied by the city council at their February 16, 2021 based on a recommendation by MPA, Municipal Pooling Authority. The city manager indicated the tree was inspected and trimmed annually and this California pepper tree fell because of root rot and high winds. After learning that the tree was not inspected by a qualified arborist, it was just trimmed for traffic light clearance, Councilmember Jim Diaz brought this claim back to the city council for further review and action at the August 3, 2021 council meeting. The council gave the city manager direction to correct the information given to MPA to see if it would change their recommendation.
On March 25, 2022 I sent you an email regarding this tree claim to see if the city manager complied with the direction given to her at August 3, 2021 council meeting. That is, did she correct the information given to MPA (the tree was not inspected by a qualified arborist, it was just trimmed) to see if it would change their liability recommendation. Instead of following up with the city manager, you sent my request to her for a response. After a week with no response from the city manager and followup from you, I sent a Freedom of Information Act Request to her to get answers to these two simple basic questions. On April 11, 2022 I received the information requested. After reviewing all this information it appears the city manager did not correct the information provided to MPA as directed by the city coumcil. Why?
It also appears that the city manager was trying to let the statute of limitations clock run out on this claim. She was sent an email on February 18, 2021 by MPA advising her the statue of limitations would expire on August 17, 2021. The city manager's last communication to staff requesting information for MPA was August 18, 2021 (one day after the statute of limitations) even though the council directed her to correct the information give to MPA on August 3, 2021. She did nothing for 15 days. Why?
In addition, as part of MPA's review, on November 16, 2020 they sent a list of questions regarding this claim to the city manager. Among other things MPA specifically asked if there was any know issues with this tree. Staff' said the tree was visually inspected, trimmed and appeared healthily. Clayton's maintenance staff is not qualified to assess the health of a California pepper tree and this information should have been provided to MPA.
Then on November 25, 2020 MPA wanted to know if the city monitors trees near the end of their lifespan to remove them before they fall. This question was never answered. They also provided information about the California Pepper Tree from www.gardeningknowhow.com as follows: "You'll need a spot in direct sun with well-drained soil. California pepper tree care is increased significantly if you choose a planting site with poorly drained soil, since root rot pathogens are likely to attack the tree". And last, they wanted to know who placed the rocks around the base of the tree (city or homeowner). I could not locate any response from city staff regarding these specific questions. A qualified arborist should have been contacted by city staff to give MPA an opinion regarding this tree's soil and drainage conditions. Why weren't these questions answered by the city manager. Obviously, MPA felt this was important information to help them make a judgement about the claim.
Furthermore, this tree was over 100 years old. Not only did city staff not answer MPA's questions above regarding drainage, they did not advise MPA that the city widened Clayton Road in the early 1990's, installed curbs and sidewalks, most likely placed the rocks around the base of the tree, and paid for the installation of the fence that was install for sound attenuation on Clayton Road. All of this work most likely destroyed the root base and left this tree surrounded by asphalt, concrete and rocks. This would have been very obvious to a qualified arborist, but the tree was never inspected.
Peter, I am appalled by all of this. It is not my job to chase down these citizen complaints or track the city manager to ensure she has completed work direction give to her by the city council, it is your job. I am sure you were given a copy of the Freedom of Information Act Request I received on April 11, 2022, so I don;t need to provide it to you. I would ask, did you review the file to make sure the city manager completed work direction given to her by the council on August 3, 2021? And did you review the file to see if there were any extenuating circumstances that may have changed MPA's recommendation to deny the claim? Below is my recap of claim. It is oblivious to me that the city's negligence led to failure of this tree that caused the damage to the property at 5838 Clayton Road.
In Summary:
-The California pepper tree was over 100 years old
-California pepper trees are vulnerable to root rot pathogens-which it had and it was not inspected by a qualified arborist
-California pepper trees must have well drained soil-it did not
-The tree was never inspected by a qualified arborist to determine it's health-it should have been
-The tree was only visually inspected by city maintenance (not by a qualified arborist to determined it's health) it was just trimmed for traffic light clearance
-MPA was given insufficient information to property evaluate this claim-twice. MPA requested additional information and it was not provided
-A qualified arborist was never asked to give an opinion about the tree's soil conditions and drainage-a qualified arborist would have advised MPA this tree did not have proper drainage
-MPA was not advised that Clayton Road was widened, curbs and sidewalks were installed, a sound wall fence was installed and tree roots were destroyed-important information omitted
-MPA was not advised by staff that this tree did not have proper drainage because it was surrounded by asphalt and concrete-important information omitted
-The city manager never responded to a question by MPA regarding who placed the rocks around the tree's base-it is obvious the city placed the rocks around the tree's base because it is in the city's right-of-way, however MPA was not given this information
-The city manager never updated the information give to MPA as directed by the council on August 3, 2021- why?
-The city manager was intentionally running out the statue of limitations clock-pathetic
-This California pepper tree should have been inspected by a qualified arborist and removed before it fell
Peter, it is time to resolve this claim. Bring it back to the city council for review and action, pay the claim and apologize to Maryam Maheri for all the pain and suffering, loss of privacy and destruction caused by the city's negligence.
I look forward to your timely response.
Bill Walcutt
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