goh: thank you. the agent from -- for the permit holder. >> good evening. commissioners and staff. we're here tonight in response to the appeal. representing international center for schools. we're here in response to the appeal concerning these trees and the schools are very concerned about the stability and safety of these trees. first and foremost, interested in the safety of our students and our community. and by extension, the public in general. these trees have had a long

history of failures and other problems that have caused not only for us but the city and after an unpredicted collapse and failure of one of these trees into our school playground in june of 2011, when not only asked the city to review the trees but consulted with an arborist, an expert who can do tree assessments with regard to failures and so forth. on his evaluation of the trees, and his determination that three of them represent a hazard to the school and to the public in general, the schools were compelled to request, demand that the city debate this hazard. compeled enough to press the city to allow us at our own expense, considerable expense to

not just removed but replace these trees to the benefit of the schools and the community. the schools are not anti-trade. we have engaged with friends of the forest to plant trees on the public right of way. on various streets around the campus. this is not a vanity exercise to improve visibility of the school's signage to passing motorists are anything like that. this is a matter of safety, life, and limb. if the board will allow, i would like to present a video of one of these collapses.

if i may rewind just briefly. buh-bye in the upper portion, you can see the tree collapsing, bouncing off the wall and then flipping into our yard. on the upper left corner you will see the pedestrian through the slot in the wall and the pedestrian almost gets crushed by this falling tree. >> my god, that is pretty intense. >> was it struck by lightning? >> failed -- it failed presumably because it was raining that day. there was no lightning. it failed and that tree had been assessed as healthy and sustainable and without any evidence before the collapse,

that it was at risk, it was a soft -- assessed after the collapse. no evidence to ascertain why it had failed. commissioner hwang: how did you happen to have that video? was that security cameras? >> the school has security cameras at all exit points in case of missing children and so forth. commissioner hwang: thank you. >> good evening. i'm a consulting arborist and i was hired by the school's for the purpose of evaluating the trees along this particular block. and my arbour is report in its entirety has been provided in your packet. i will be very brief and simply summarize that my approach was

to ascertain what impact their repeated sidewalk and street repairs had had on these ficus trees and determined through brute crown excavation whether extensive root cutting had occurred and if so, what that had created in terms of the decay in the trees. given in some cases without decay, whether it has created a hazardous condition. based on those findings, and there are photos in my report that are indications of the extent of the root kaeding that has occurred, -- root cutting that has occurred. as well as root cutting for

repairs which is extensive. the last tree was tree 5 which is near the corner of franklin. it has had all the routes removed along the curb line and concrete used to fill in the rap -- gap where the grinder took the root system. it is not an issue of chris buck looking at the branches of the trees and stating that some pruning could be done. it is a matter of entire trees coming down and the risk that poses to the school as a target. and the roadway and the passing cars as a target. i may certified tree risk assessor as well as a certified arborist. daniel did not have that

specified in my qualifications. it is relevant to my assignment in this case. thank you for consideration and please let me know if you have any questions. commissioner fung: the tree number five you referred to near the corner is the one that is not being allowed under this permit to be removed, is that correct? >> the tree that is no. 5 in my report, is near the corner of franklin. it is one of the permitted trees. there is a small tree that is kind of life in the middle of the block with a lean in the trunk which i did not determined to be an imminent hazard. that tree is not permitted. the two new the bus stop -- near the bus stop and the one that is at near the corner of franklin,

those three trees, there is one, too, and five are permitted and are considered by myself and the department as imminent hazard. -- hazards. >> good evening. bureau of urban forestry. i would like to first point out an error that i noted in my brief to you. i think it is clear from the attachments and also from the previous testimony. on the second page i indicated that department granted the removal of the four trees and three trees were permitted. one tree was denied. i do want to address a couple of points that came up earlier.

the department did initially denied the request for removal. chris buck evaluated the trees and i did. i am a certified tree risk assessor as well. i am an arborist. the department has not concluded these are imminent hazard spread we did grab removal of three trees that are -- at our hearing based on concerns about limb failure. i disagree with the assessment that the primary concern with these trees is whole tree failure. there has been pruning that was done under supervision of a certified arborist. it was done by the school through our claims department. it is my understanding that the burning was overseen. it is never ideal to prune the roots of a tree.

i do not want to suggest we think that is simply ok. the concern the department has about these trees are limb failures. the structure of the ficus tree which is typical is the current structure were you do not have one strong central leader. and apparently, the structure will be more prone to limb failure then an x-current structure were you have a strong leader and branching points emanating from that leader. we do base much of our evaluations and our knowledge on our experience with species in san francisco, the same tree species. we recognize this species does shed limbs and in some cases they can be massive. the failure you saw was the -- it was a large salemme -- limb that tore off and took off a

second when it fell. that was based on our belief at the staff level that burning of the -- pruning of the limbs closest to the school, there is one last limb that overhangs the lunch area and removal of that would eliminate most of the overhang in atlanta area. the staff level decision, recognizing there were a large number of trees that were removed, we did identify some that should be removed in the past. we thought that much of the risk, not all the rest could be mitigated through printing -- pruning. this is a high use area. our decision was overturned because of that same concern of limb failure.

the species is quite tolerant of root pruning. in addition to the students, they use the sidewalk area. many parents are lined up waiting for students to emerge from the school in the parking lane and adjacent to the parking lane. when we look at assessing trees for risk, we have to look at target potential and if a failure were to occur, what is the likelihood that property or more importantly, injury or worse could occur. i think the departmental level decision was based on the concern, given the high level of use of this area and the fact there have been pretty dramatic near misses which does not mean again, we think these trees are healthy, for sure, and have some structural flaws that is not typical of the species but one of those structural flaws is a substantial limb failure.

i am sympathetic to the neighbors. this was a much more tree-lined block. there have been many large trees that have come down and there will be one remaining larger tree that is not very large when these three come down. however, i am terrified by the prospect that a tree limb could come down near students and i think the school is genuinely concerned for their students well-being. i understand this is why the department made the decision. we always have to live with some risk. we felt like this was too great all risk to live with with the potential of some of those limbs coming down. i think that is all i have. i am available for questions. president goh: what species are you considering using for

replacement? >> the species that have been used on that blocked is the swamp myrtle. the trees will be larger. it is a tree that can overtime grow to be 20 feet to 30 feet and develop a nice canopy. it is slower growing. there will be substantial lead time before those young trees reach the stature of these trees. commissioner fung: these are city-owned trees? >> these are. i will take a moment to clarify. if the city identifies a tree should be removed, through our own routine inspections or at the request of a property owner, the city bears the cost of the removal. if the city determines that we would not agree with removal of another tree, the property owner

has the right to apply to remove the tree at their own cost. the school, because we did reevaluate after that june failure. i will say we looked at -- it appeared sound. we would not have predicted the failure to have occurred when the dead. i would dispute it is not simply that it was rainy. that is the structural flaw that these trees are prone to with these multiple attachments. sorry, to jump back. if that property owner applies to go through the permit process subject to the appeals and if the permit is granted, the property owner bears the cost of removal. commissioner fung: along those same lines, on city-owned trees, the maintenance of those trees are done by city staff or outside contractors? >> parmele by city staff. in some cases, property owners

can and do work with our city claims departments if constraints would delay our work. they can hire their own contractor and get reimbursed by the city. which is what occurred in this case. president goh: thank you. we can take public comment now. can i see a show of hands, any people? ok. how many minutes? president goh: 2 minutes. it is late and we have two more cases. if you could do it in one it would be much appreciated. whoever would like to go first, please come up to the mike. president goh: can everyone else lined up? >> i live directly from these -- across from these trees and half for 22 years. if i had been able to i would

fight for my own tree which was in front of my house. i want to assure you, this is directly across the street from two of those trees. this is my -- i live on the entire top floor. the tree that got cut down, can you see it? the canopy spread all over the rooms. i had two certified arborist tell me it was fine but the city arborist said it was not. it was cut down. i was not appealing it because i was given the wrong feet for the appeal on that tree. cynthia goldstein called me with an ice apology about that. i am supporting toward these beautiful trees in my neighborhood. this is the view from my house. it can see that. -- you can see that. that is one bedroom looking at

the trees they want to take down. here is another from another room of my house. you can see the trucks -- trunks. i had another tree entirely in front of these windows before. this is new year's eve they cut that other tree down. i want to show you that other tree. this is the stump from the tree that was removed. that is what they look like. there was lightning and thunder that evening. i live across the street. that tree was back in to buy a truck -- backed into by a truck. i called the school and said one of your trucks that was working on the tarmac on the playground. one last thing. these two trees, this is the best photo for my living room. can i show these trees? these two trees, these are on

the far end of the block. they do not in any way hangover -- hang over the school property. that -- there is a wall there. commissioner hwang: thank you. next speaker. >> thank you. i live in the neighborhood close to 30 years. i know that you will could hire an arrest who would -- an arborist who could find favor in your argument. it is fine to have footage of a tree limb falling and taking another one down and we fear for the safety of our children. i think you could also find if a video camera in the amount -- and the amount of traffic that comes down franklin or packs of students from that school, if they come down, you would find as much danger to the children

as you would perhaps a non- negligent assessment, a negligent assessment on a healthy tree. these are majestic trees. there is a fire station directly across the street from the school. it mitigates noise. it cleans the air. there have been no epa with assessments that i am aware of in the neighborhood. we continue to base our claims on bought assessments and we're losing our trees. carla tells me the root stump grinder that is responsible for at least five trees that have been cut recently from the ficus, the grand fifis in our neighborhood, there remains stumps, there remained dangers,

that machine is in repair. we have no way currently for any future cut trees are the ones that are cut to remove those to plant or re-plant if you do decide. thank you. commissioner hwang: thank you. next speaker, please. >> i live directly across the school and i have lived there for 16 years. i am here industries mean a tremendous amount to me. it is my birthday and i came here anyway. this canopies are gorgeous, those are healthy, beautiful trees and something i want to mention is that day in june was one of those rare thunder and lightning days. i was home doing computer work

and i was blown away. i heard loud thunder and saul lightning flashes. i grew up in the east coast with a lot of lightning and thunder all the time throughout the summer months. i assure you that when you hear thunder there is also most likely lightning going on. there was -- to say there was no lightning when there was the loud crashes of thunder going on, you saw in the video, someone's reaction was that had to be lightning. a branch coming down with that kind of violence. that was not rain. i heard that crash. it was like god's wrath coming down. i looked out my window. it was lightning. i assure you. i am here because i love those trees. the make a huge difference in my life. and that street will be decimated. it will be like -- a dried desolate desert of concrete and

ugliness. it is going to be disheartening to me to walk outside my apartment every day. commissioner hwang: thank you. next speaker, please. >> i also live across the street from the trees. all the trees on our side of the street, the big ficus trees have been cut down. all that is last -- left are the ones on the side of the school. i just find it strange that trees are considered a hazard. when there is so much traffic there, it is insane. it is one of the worst places to be a pedestrian and a lot of that is the parents dropping their kids off and picking them up from the school. once you cut these trees down,

that is it. they're gone. you can put up what they put up in the past, these little spindly trees. there architectural model trees. i do not know where the birds are going to go but whatever. yeah, i feel like they have been cutting trees left and right around that area and it is not just the school. these are the schools trees. the other stuff has been dpw. these trees, it is the school that wants to cut them down. i just don't buy their argument to cut them down. thank you. commissioner hwang: thank you. next speaker, please. >> good evening. i also occupy a unit across the street from these beautiful trees.

we have some of coincidences' that have been influencing the judgment of a lot of professionals here. i do understand that given the proximity of children that these concerns are taken very seriously but if we look at the pattern that has been identified, the pattern of lamb failure -- limb failure, the pattern is based on the diseased tree, which had been belatedly noticed by the school and before the city got a chance to remove the tree. there was a catastrophic limb failure and it was the weather related limb failure. there are many trees where there are high traffic areas.

we're not selling because they are ficus trees all ficus tree should come down. we have testimony these are stable root systems because they are tolerant to pruning. we have a record that is full of the specific instances that caused these two failures. we have three other thriving trees that are the last trees remaining on oak street. i do not know if you are aware. this were the california department of transportation building used to be. when people are tongue-in-cheek saying it is ugly, it is a utilitarian building that the school graciously painted in some colors. respectfully, i believe that in the future, if there is more evidence after watching these things carefully, they should be attended to but now i do not think we have that time. thank you. commissioner hwang: thank you. next speaker, please.

>> i also live at 179 oak, the only residential unit on the block. i believe mr. klingerville has overstated his case. it was one tree and it was identified as jamie just said. taking these trees down will take down all the big trees. the ones they put up in place are little spindly things. we already lost all the large trees on our side of the block. we lost several when they build the auditorium which they had to do because of the construction. i understand that. but the one that is the biggest bone of contention is the one that has been referred to as tree no. 5 on the corner. that does not overhang of

playground. that overhangs some picnic tables and let's face it, kids are not going to be out there in the rain eating their lunch. there will be downstairs in the cafeteria. the concerns expressed by the school are a little overstated. that is all i would say. i would also say that like others have said, all trees are subject to failure. i parked my car underneath those trees. i am willing to take the risk. >> thank you. next speaker. >> hello. i live across the strait -- street. i have lived there for 35 years and have been emotionally attached to those trees for a long time. they change the whole atmosphere

of the area. as someone mentioned, the fire department is on the corner. they go the wrong way on the street with every light and bell and siren going. it makes a tremendous difference with a big tree canopy. there are going to destroy -- make that street look like baghdad. they constructed these cement walls and they have huge steel fences. it was -- it has been a beautiful block. they can still be a beautiful block. we have to protect the beautiful, huge trees. i realize there is some distant danger. there is a much greater danger to these children being in an environment that is ugly, burkle, that is cement, steel, and not