Tree Perspectives Change During a Storm

Posted on February 17, 2012 by Jeremy Rappoport

Surprise! Looks like winter isn’t quite yet over in Southern California. February, which is traditionally the wettest month of the year, has finally brought some much-needed rain to the region. As I sit here writing, the rain is pouring down and combined with some strong wind gusts, it is a potentially dangerous situation for trees.

While taking a lunch break at a park along Mission Bay in San Diego, I couldn’t help but admire the towering Eucalyptus, Ficus and Carrotwood trees. The sun was shining and lots of people we out enjoying the weather, picnicking, stretching, working out and performing yoga, most of these activities were beneath various tree canopies.

A few days later, we had a Santa Ana wind condition and I happened to be taking my lunch break at the same park. The wind was blowing at a constant 15 mph with gusts easily reaching 25-30 mph. The same trees that appeared so benign during a sunny day now appeared quite different. The towering Eucalyptus trees were dropping copious amounts of leaves, twigs, and small branches. Mexican fan palm fronds were bent horizontal, dead fronds were flying down from 45’ tall trees.

Winter storms test tree health and vigor, typically resulting in broken branches, limbs, trunks, and sometimes a complete tree failure. When the weather is nice, few people really look at a tree and consider whether it is safe. We assume trees are strong and pose little threat. Go for a walk in your neighborhood on a nice sunny day, no doubt you will find large size Ficus trees, or massive Coral trees, Pine trees, Eucalyptus or even 60’ tall Mexican fan palm. As a certified arborist, I enjoy examining large specimen trees and still find myself marveling at how these wonderful organisms support their massive trunks and branches, especially during wind and rainstorms.

TREES, RISK AND PREMISE LIABILITY

While I spend a lot of time looking at trees, most of us do not. For the most part, trees go unnoticed until there is a tree related accident. The accident may be the result of weather, motor vehicle collision or no particular cause, the tree just failed. Trees certainly receive a high degree of attention when a person is injured or property is damaged from a tree accident.

Have you stopped to consider the trees on your property or on property you manage? Most homeowners rarely consider tree safety as their responsibility until an accident happens. Premise liability has been increasingly extended into tree and arboriculture cases, as Owners are found liable and responsible for protecting and keeping the public safe from trees on their property.

Owners and property managers have a standard of care to manage their tree assets and protect the public. A property Owner has a duty of care to protect the public from a hazardous tree(s) that might pose a risk of harm to the public or property. Ignorance of the law or of tree expertise does not relieve property Owners and managers from their responsibilities. If your tree fails and injures someone or damages property, you could be held negligent and liable for damages in a court of law.

The same is true for tree assets located within the open space of private condominiums, apartments, campgrounds, motor home parks, public and private commercial campuses and developments. Ideally, trees located within public settings should be pro-actively managed and maintained to reduce tree risk and exposure to lawsuits. Unfortunately, the downturn in the economy has reduced budgets and funding for tree risk assessment, tree inventory and tree management programs normally utilized by property managers and Owners to reduce their exposure to tree related negligence and liability cases. Can you afford to assume the risk of a tree related accident that could have been prevented by having a tree risk assessment, tree inventory or tree management program implemented?

ALL TREES EVENTUALLY DIE AND FAIL

While the odds for a tree failure are not very high, it only takes one accident to change lives. It is a sobering thought, but all trees die, when they do; they are either cut down or fall down on their own. Certain tree species (Eucalyptus), can fail without any notice or sign of abnormality. Other species (Erythrina) grow fast, producing fat, thick trunks known to shatter in high winds. Palm trees in confined planter spaces fall when their root systems can no longer support the plant.

The point is trees do not live forever and as they age, they acquire injuries, diseases, cavities and decay; they withstand drought, insects and diseases. As a tree ages and matures, environmental stresses increase tree susceptibility to disease and decay. Over time, accumulated injuries, decay and stresses weaken structural tree components that may increase the likelihood of a tree limb breaking, partial or complete tree failure. As trees mature and then become overly senescent, their risk and property Owner liability typically increase.

WHAT IS A TREE INVENTORY AND WHY HAVE ONE?

Would you drive your care for ten years without an oil change or tune up? How about ignoring visiting the doctor or dentist for a decade. We maintain our vehicles, machinery and equipment and constantly work on keeping our homes painted and upgraded. But when it comes to the trees growing on our property, they are often overlooked, maintenance is an after thought or not considered at all. Only after an accident is a certified arborist consulted on why the tree broke or failed.

Savvy property Owners and managers consult with certified arborists to professionally manage their tree assets while reducing risk and liability. Owners and property managers first priority is to protect themselves from lawsuits that arise from accidents caused by unmaintained, damaged or risky trees that create a hazard or risk to the public. The first step in the process is to develop a tree inventory for all trees on the property. A tree inventory is a wonderful tool that is a starting point to implement a tree management program. A tree inventory typically will plot all the trees on a map, identify and log the tree, including the tree trunk diameter at breast height, height and spread.

The tree inventory will also identify the tree location relative to flatwork, sidewalks and other root inhibiting structures. The inventory may record the root, trunk, and canopy characteristics and identify maintenance needs such as thinning, reducing, and removing deadwood. The inventory may identify hazardous trees that require a full tree risk assessment. During the inventory process, any dangerous tree conditions are immediately reported to the Owner for action.

The tree inventory is a living document that provides a record of all the trees on the property and a starting point for collecting tree data. As time goes by, the tree inventory maybe updated to reflect changes in the tree size, characteristics, injuries, maintenance actions, activities, and service dates. Most importantly, a tree risk assessment and tree inventory reflects the property Owner or managers proactive concerns and demonstrates a positive willingness to identify tree hazards and minimize risk to the public. In a tree lawsuit, the Owner or manager who had implemented a tree inventory, risk assessment and management plan will have an improved defense and increased chance of success.

Tree science has not yet reached a point where anyone can successfully predict a tree accident or failure. Even with the latest advancement in tree risk assessment techniques, certified arborists can only rate the relative safety or risk of a tree, not predict when a tree accident will occur. Therefore, effective risk management dictates establishing a tree management budget for preventative programs rather than face the enormous financial risk caused by a tree negligence lawsuit.

If you own, manage or operate a mobile home park, you are aware of changes to the civil code that make it the sole responsibility of the mobile home park manager to properly inspect, prune and maintain trees within common areas. Many mobile home parks are older properties with lots of deferred tree maintenance. If a common area tree fails and damages property or worse, injures a pedestrian, the mobile home park is susceptible to a negligence lawsuit.

With the high density of mobile home properties and people combined with large, old trees in close proximity, it is only a matter of time for an accident to occur. A mobile park manager should prioritize public safety and effectively budget and manage their tree assets, utilizing the full arsenal of tree inventories, tree risk assessment and tree management programs.

Even a single family owned property with a few trees could benefit from having their trees inspected for risk and health assessment. It isn’t the quantity of trees you have; it only takes one defective or risky tree to cause an accident. If you have ignored your trees, thinking they can take care of themselves, you should re-consider your position. Most of us live in an urban/suburban environment. We created an environment and nonnative landscape that is artificial, trees and shrubs that would not normally exist except for our development. The trees we plant in the landscape are not the same as trees growing in the wild. They require our assistance to promote their health and vigor.

Remember, we all need a doctor checkup once in a while. Consider a certified arborist to be like a tree doctor. Preventative medicine typically is cheaper and far more effective than trying to cure an illness, the same is true for trees. If you own trees or manage property that has trees, take a look at your trees and consider the last time they were inspected for health and safety. If you have a large number of trees, protect your tree assets and exposure to lawsuit by having a certified arborist inspect your trees and create a tree inventory or tree risk assessment.

Any Homebuilder or Developer Activity Out There?

Posted on January 12, 2012 by Jeremy Rappoport

For those former homebuilder and land development employees (myself included), the heady days of construction from the late 1990′s through 2007 seem a very distant and bittersweet memory. For the most part, our industry is barely a whisper of what it once was. Most of my friends and fellow employees either tried finding jobs in adjacent industries or in many cases, are still struggling to find work.

For three decades, I have worked as a land development professional for private and public homebuilders and master land development companies. Experienced in both field and management positions, started as a landscape, grading and offsite superintendent, later promoted into postings as Director of Operations, Land Development Manager and Director of Land Development. Yet with all that experience, not to mention a Bachelor of Science degree in Ornamental Horticulture, being a C-27 California Landscape Contractor, and a certified consulting arborist and certified tree risk assessor, I was unable to locate employment in the construction industry.

I don’t think my situation is unique at all. In fact, most of my construction peers have experienced the same frustration. It seems the residential construction and land development industry has disappeared and there has been no government assistance, programs or incentives to help revive our industry. Forget about finding a job in commercial construction or highway projects, those industries have no interest in our residential experience. Doesn’t seem to matter how many roads and utilities I supervised, built or managed, land development experience did not translate into employment opportunities in adjacent industries.

I decided years ago to no longer remain reliant on the prospects of finding decent employment in the construction industry. A business acquaintance suggested my experience qualified me as a construction expert witness. After speaking with other professionals and attorneys, research and financial investment, I opened my own professional consultancy in 2008, offering expert witness and professional consulting services in land development, landscape, arboriculture, and horticulture.

What a gratifying experience to have decades of experience and age respected and sought after by attorneys and business professionals. Learning how to be an expert witness has been an exhilarating experience. Like any neophyte, I have made a few minor errors, fortunately nothing serious. I have joined expert witness and other professional associations and really broadened my experience and education. As a certified arborist, I’ve had opportunities working with property owners providing tree risk and health assessments and an oak tree construction preservation project as part of the SDG&E Sunrise Powerlink Project.

I remain hopeful the day will come when the residential homebuilders and land development companies will start building again. We need construction, it provides the jobs, steady incomes and new homes for new generations of families. As the economy continues to improve, projects will get off the ground again. As companies come out of the recession and start new projects, they are typically understaffed and reluctant to hire new permanent employees. In this environment, “renting” an experienced land development consultant to assist in the field or office makes perfect business sense.

So, all of you homebuilders and developers, when you are ready to start a project and need an experienced, results driven land development professional, give me a call, I have been waiting a long time for you!

The Most Frequent Tree Complaint

Posted on January 5, 2012 by Jeremy Rappoport

Have you ever stopped to notice and appreciate the urban forest that surrounds us? Whether you live and work in an urban or rural setting, one commonality for all of us is we are surrounded by trees. We easily become accustomed to trees in the landscape and often take them for granted until a tree problem becomes an issue.

When selecting a tree, several factors should be considered to make an informed tree selection. The primary consideration must be functionality. Yes, there should be a reason and function for the tree(s) you want to plant. Functional reasons may include screening, accent, foliage or flower color, winter sun or summer cooling. Functionality also includes choosing the correct tree location that allows proper canopy and root development.

Once the functional and location aspects are resolved, select the tree(s) based on matching tree characteristics to meet your aesthetic and functional requirements.

The most frequent complaint I receive is from property owners complaining about their neighbor’s tree encroaching the shared property line, with Eucalyptus trees not surprisingly being the main culprit.

Trees are not inherently bad or good, dangerous or safe. Like any living organism, each tree species has cultural and growth characteristics that make the tree more or less suitable for a given functional use and location. The Eucalyptus tree has earned a negative reputation due to wild land fires in throughout the world. However, the Eucalyptus tree is the third largest tree genus in the world with over 600 individual species. The tree grows in many different forms, shapes and sizes, some with incredibly beautiful and unusual flower characteristics. The species has acquired a bad rap.

So how did this tree become so “evil”? Eucalyptus trees were hyped with a number of supposed benefits in the early 1900’s. They were imported from Australia as a fast growing hardwood that required little water, all you needed was some land. Once planted and grown, Eucalyptus was found unsuitable for railroad ties and construction. It also consumed far more water than anticipated and certain species were invasive.

Adding to the problem was one of poor selection, using many large growing species for residential and commercial development. While builders and developers wanted to get a quick growing tree for their neighborhoods, they did not consider the ultimate growth characteristics and impact on the property owner.

Fast forward fifty years later; we now have tens of thousands of large Eucalyptus trees planted along streets, highways and residential neighborhoods. It is not uncommon to see 80’ tall trees along a shared residential property line.

The problem is one of incorrect tree selection. Large growing species such as the red, blue or sugar gums are excellent, beautiful and functionally useful species when planted in open spaces settings, their size and scale well suited for background, screening or highlighting.

However, the same tree planted in a side yard less than five feet from a shared property line can only become problematic. When a tree has a natural spread of 30’ and is planted within a few feet a shared property line, the tree canopy and root system will naturally grow over the property line. This is not uncommon, drive down most streets and you’ll notice trees growing across property lines. However, as a tree grows, matures and ages, mechanical and structural changes within the tree create increased risk for a tree part or entire tree to fail. All trees eventually die and fall over; it is only a question of time.

I have consulted with several residential property owners who are forced to live underneath the towering, long tapering branches of massive Eucalyptus trees growing over from their neighbor’s property. In every case, there is tremendous animosity between the neighbors. The tree owner is always strongly attached to his 80 – foot tall trees and never feels there is a problem while the neighbor is in constant turmoil and distress by the daily threat of a large limb falling on their house or worse, a child.

Improper tree selection is not limited to Eucalyptus, as I have consulted on other tree encroachment cases including Melaleuca and Pine trees. However, the one key difference is in the size of the tree(s) and species characteristics. I have commonly encountered 12” Eucalyptus scaffold branch levered 40 feet over a property line due to their growth characteristics but have not encountered a Melaleuca or Pine tree that pose the same growth and risk characteristics.

The property owner is ultimately responsible for the liability created by tree risk. Unfortunately, neighbors seem to have difficulty resolving tree risk issues, disagreements often turning very acrimonious and resulting in lawsuits.

Being an arborist and horticulturist, I love plants and particularly trees. However, as an industry professional, I know poor tree selection is almost always at the heart of tree complaints. In some cases, crown reduction, thinning, and other techniques can mitigate or reduce the risk but in many situations, it is inappropriate to have massive trees planted on residential property lines.

Large size trees (over 60’ tall by 30’ wide) planted within 5 feet of a shared property or boundary line in a residential setting create several issues. The tree is out of scale with the surrounding homes. A tree with a natural spread of 30 feet located next to a property line would result in continual one-sided pruning to keep it from growing over the property line. That would destroy the natural form of the tree and increase the tree risk and liability. Root pruning would be needed to prevent root encroachment which can be almost impossible for older, mature trees surrounded by landscape and concrete improvements.

As a property owner, I would not want to have a neighbor’s 80’ tall Eucalyptus tree growing alongside, let alone over my property. There are hundreds of appropriate tree species to use in residential settings that make wonderful, functional, effective, and aesthetic plantings. Why stick with an old, out of date, inappropriate and potentially riskier tree when there are so many fantastic trees available these days?

Aside from the financial burden of removing an old, inappropriate tree species, why would a property owner accept the increased liability that is created by their tree encroaching the neighbors property, especially a tree known to drop branches?

If you are considering a property purchase, don’t just inspect the house, take a look at all the trees on the property and especially examine your future neighbors trees. If there are very tall trees along the property line, you might have a potential problem.

If you are considering planting a tree, research the tree, understand its growth characteristics and cultural requirements. Consider the location and realize the tree will most likely be there long after you are gone, how will the tree look and function in that spot 20 years from now?

Winter Sweetness!

Posted on December 2, 2011 by Jeremy Rappoport

Talk about a winter treat, try growing your own semi dwarf citrus tree(s). Last year, I planted a 15 gallon “Satsuma” seedless mandarin orange and one year later, we are feasting on an amazing harvest of sweet, juicy seedless mandarins. Try using mandarins in salads and dressings, not to mention fresh off the tree anytime!

I found the plant fairly easy to grow, full sun with normal fertilization and decent drainage. I kept the soil pH on the acidic side, the plant did great. I strongly recommend this particular variety because it stays relatively small, easy to maintain, and heavy fruit production.

Late fall / winter maturing citrus is such a special treat to have in Southern California. Just imagine all those mid western and eastern folk never having the opportunity to grow and have fresh citrus like we do!

With many varieties to choose from, you can select a tree that suits the size of your property. A nicely maintained citrus tree can be a very attractive small to mid size tree with the added fruit as a tremendous benefit.

Enjoy!

The Edible Landscape

Posted on November 16, 2011 by Jeremy Rappoport

In Southern California, we are blessed with a mild, Mediterranean climate that provides a 365-day year growing season. Although limited by some winter frosts, we are able to grow most landscape ornamentals as well as vegetables throughout the year.

We also face serious water supply challenges now and into the future. Water allotments from Northern California and the Colorado river are being reduced, municipalities have issued water alerts and restrictions on water use while implementing tiered water rates meant to punish abusive water consumers.

The days of cheap imported water that allowed Southern California to flourish as a green oasis in what normally would be a desert are ancient history.

If you are considering a new or renovating an existing landscape, water conservation and using appropriate plant materials should be a top priority. Studies show 50% of a residential water bill goes toward landscape irrigation. The single greatest water consumer is turf grass utilizing overhead spray irrigation.

Do you really need that turf grass lawn? Are you an empty nestor, no longer needing the big play area for the kids? Are you a new homeowner, trying to figure out the best design and functionality for your landscape? With todays water and maintenance costs, you must make an informed decision when tailoring an appropriate landscape for your property and your own personal, functional and aesthetic interests.

So, if you have already decided the typical water guzzling turf landscape is not for you, that leaves several types of water efficient landscapes to choose from. This blog will focus on using an organic fruit and vegetable garden as an edible, beautiful and functional landscape planting.

ARE YOU THE GARDENING TYPE?

If you:

Love to get your hands dirty
Have the time and commitment to garden regularly and as needed
Have a area that receives a minimum of six hours full sunlight daily
Enjoy eating fruits and vegetables
Have a desire to eat chemical free produce
Enjoy saving water cost, reducing your carbon footprint
Like to educate kids, neighbors and your community
Like to do the right thing

If the answer to the first four items above are yes, Congratulations, you are a likely candidate to start a fruit and vegetable garden!

The traditional concept of row gardening can be easily modified and adapted to a landscape design, satisfying both functional and aesthetic considerations. Using our residence as a example, we choose to convert our worn out, old front yard cactus garden into a fruit and vegetable garden.

Overgrown, non functional cactus garden

Since this is our front yard, I wanted to create a functional yet aesthetic fruit and vegetable garden that would enhance and enliven the site characteristics. Since the site is raised and already had a segmental block retaining wall, I designed a series of raised planters with pathways on each side of the planter for ease of cruising through the garden and access to work both sides of the planter beds.

Renovated landscape with vegetable garden raised planter beds

Raised planters with pathways for access also create interest

In a few months, we celebrate our one year garden anniversary. Take a look at some of the fruits and vegetables grown this past year.

French breakfast radishes, yum

Fresh, sweet organic carrots

Sweet millions tomatoes, the sweetest yet

Pomegranate trees make great medium size ornamental tree with beautiful fruit

Gotta have a lime tree for a mojito

A beautiful, edible front yard landscape

Ready to get started? Need help? I am a professional horticulturist, a C-27 landscape contractor and a certified arborist. My company, Rappoport Development Consulting Services LLC provides professional landscape, arboriculture, horticulture and organic gardening consulting services. Got a problem with the garden? Give me a call at 858-205-4748.

What an Incredible Tree!

Posted on September 27, 2011 by Jeremy Rappoport

While camping at Butano State Park in coastal northern California, we took a day hike and discovered the most unusual Coastal Redwood (Sequoia sempervirens) I have ever seen. Most redwoods typically grow one main very tall, straight trunk. There are limbs, but mainly much higher up the main trunk. Coast redwoods can grow pretty good size diameter trunks, but not like their cousin, the Giant Sequoia, Sequoia gigantea.

That being said, we came across what is known as the Candelabra tree, an incredibly massive coast redwood but with a form unlike any coast redwood I have seen. This tree has massive limbs each the size of a separate tree that all attach to the main trunk, creating an unique, incredible tree. The tree was so immense, it was difficult to get a good picture but check it out!

The Candelabra tree at Butano State Park

Free Landscape and Tree Seminar at San Diego Center for Sustainable Energy

Posted on August 8, 2011 by Jeremy Rappoport

Jeremy Rappoport will be one of three certified arborists discussing the San Diego Urban Forest and how tree selection, location and knowledge of a tree’s cultural characteristics influence tree benefits as well as risks and risk assessment.

This is a free workshop open to the public with a focus for landscape and arboriculture industry professionals. Please join us Wednesday, August 10, 2011 5:30 – 7:30 p.m. for what promises to be an interesting, informative evening.

Click for Information

Irrigation Construction Defects Can Cause Serious Injury

Posted on March 24, 2011 by Jeremy Rappoport

Have you ever tripped over a sprinkler head or valve box in either a planter or turf area? Ever see a geyser from a burst irrigation mainline? Most likely, you answered yes to at least one of the items mentioned, but have you ever considered the health, safety, legal and financial issues involved with an irrigation related accident and resultant lawsuit?

In construction negligence cases, the plaintiff typically must establish the defendant failed to satisfy the “standard of care” required of that profession. In irrigation landscape construction, establishing the standard of care can be challenging due to the various levels of professionalism within the industry.

Plaintiff and defendant construction negligence attorneys, their clients, landscape contractors and property owners will benefit from reading the information contained in the following article I wrote:

Irrigation Construction Standard of Care

Going it Alone?

Posted on August 18, 2010 by Jeremy Rappoport

What happened to life in the Golden state? The economy is slamming us all and the ongoing drought and water restrictions have caused many stressed property owners, home owner associations, property management companies, builders and developers to reduce or eliminate landscape design, construction, renovation and maintenance budgets. This is unfortunate timing as now is time to invest in sustainable landscape systems, we need to renovate old turf oriented water guzzling landscapes with better adapted, sustainable landscape with improved irrigation technologies.

For those who have taken landscape design, construction, renovation and maintenance issues into their own hands, beware you may easily make incorrect decisions that might ultimately cost you more money than consulting with a landscape professional.

I published an article that provides simple landscape and horticultural design tips for those trying to go it on their own.

The article discusses a process called Horticultural design as an alternative to traditional landscape design. This process uses plants cultural requirements matched to the specific site environment to determine the planting palette. Use this process to maximize plant establishment, vigor and vitality, reduce water consumption, insect and disease problems and reduce maintenance costs.

Use Horticultural Design to Enhance and Simplify Your Landscape

What a challenging time for property owners faced with landscape design and renovation projects in California. Aside from a difficult economic environment, the ongoing drought and mandated reduction in water delivery from Northern California and the Colorado River has deeply impacted landscape design, construction and maintenance practices throughout California, particularly in the central and southern part of the state. Sustainability is now a common buzzword in the landscape industry, however getting there is proving far more difficult than imagined.

Looking back at projects designed and constructed in the 80’s, 90’s and early 2000, there has been significant improvement and increased awareness in landscape plant and soil materials and dramatic improvements in irrigation technology. Growers and nurseries have introduced thousands of improved plant species, varieties and hybrids, improving traits such as disease and insect resistance, drought resistance, flower size, color, duration, and so much more

Older plant varieties such as Delosperma alba “Disneyland” (white ice plant) that had terrible root rot problems have been replaced with hardy, drought tolerant plants such as Baccharis and Myoporum ground covers. Hibiscus shrubs, loved for their flowers but highly susceptible to giant white fly and aphids, have been phased out, same with other shrubs that had disease problems such as Fireblight on Carissa (natal plum). Fast growing Eucalyptus species are declining with structural deficiencies due to repeated psyllid insect infestations, root rot, age and inappropriate use. Thousands of trees pose a major threat and hazard to property owners and the general public.

As water availability diminishes, rates will continue to increase, rationing is most likely a permanent fact of life. We are faced with major changes and decisions on how to create affordable, sustainable landscape development for single, multi-family housing, commercial and industrial sites, public and recreational facilities.

Homeowners, HOA’s, property managers and businesses face a tremendous challenge in making the correct decisions how to design or renovate new or existing landscape systems. With so many facets to consider, it is easy to become overwhelmed and loose site of the original goal, concept or objective in a landscape project. Landscape architects are design professionals whose expertise is a recommended resource. However, we are all struggling to make ends meet, budgets for landscape professional services are very limited and many businesses, property owners, HOA’s and property managers are faced with trying to go it alone or limited professional design and consulting to assist.

In response to questions from friends and clients, the following provide an alternative to the traditional landscape design process by simplifying landscape planting and design decisions during the planning stage, utilizing a process called horticultural design.

Horticultural Design

The term horticultural design is the process of creating a plant palette based on the compatibility of plant’s cultural requirements with the site environment. Don’t select a theme then try to force plants to work in an environment they are not adapted or suited to. Knowing plants cultural requirements is fundamental for horticultural design and plant selection.

Here are some basic cultural requirements to look for when determining a plant palette:

Sunlight exposure
Size at maturity
Hardiness to frost or exposure to heat
Climatic zone.
Water and drainage requirements.
Soil type and preference.
Resistance or tolerance to pests and disease
Environmental micro-climates, winds, salt air, pollution
Flower showiness
Foliage showiness
Fruit showiness
Attract bees, hummingbirds
Use: Accent, foundation, understory, foreground, hedge, screen
Plant origin, native to where

SITE ANALYSIS:

In order to select plants that are best suited to your location, perform a thorough site analysis of the property; take pictures to document site conditions. The success of horticultural design relies on selecting plant material adapted to site conditions. The site analysis should confirm:

Sunlight, shade and part shade exposure.
Existing trees, shrubs, fences, walls, etc.
Footprint of the residence within the site.
Location of utilities such as water, gas, electric, telephone, CATV.
View corridors and screen/privacy requirements.
Grade/drainage conditions.
Above and below grade obstructions.
Dimensions and area requirements of the site.

A complete site analysis may include drafting a plot or site plan. A scaled plot plan is useful for organizing your thoughts and design concepts. The plan should show the confines of the property, footprint of the house, driveway and other flatwork, hardscape or masonry. Use the drawing as a template, then overlay sketch paper to try different ideas or concepts.

PLANT CULTURAL REQUIREMENTS:

A plant palette is developed once the site analysis is completed. Using the cultural requirements, select plants appropriate to the conditions in the site analysis, consider:

Sunlight exposure and geographic area to start the process. South, southwest, and west exposure are for full sun plants. East, southeast, and northwest exposures are for part sun part shade plants. North is strictly full shade plants.
Size at maturity is often overlooked, resulting in serious relocation or maintenance expense down the road. Understand the full height and width of the plant and plan appropriately.
Make sure the plant can tolerate the heat or cold extremes of the site. Succulents, citrus, avocado, and many tropical or sub-tropical plants cannot tolerate a hard frost; understand the hardiness rating of the plant.
In conjunction with the hardiness rating is the geographic zone rating where your site is located. The geographic zone rating is based on the climatic influences and temperature extremes. Plants that flourish in a Midwest climatic zone may not perform will in a Southern California climatic zone.
Understand the soil type you plan on landscaping or gardening. Clay soils drain poorly, hold water and create root rot problems. Sandy soils drain quickly but lack organic content and nutrients. Know whether the plant likes wet or dry soil conditions. Soil structure, drainage, aeration and nutrient content can be improved with soil amendments and fertilizers.
Drainage, often overlooked, is one of the most important aspects for a successful garden or landscape. Make sure the site maintains a 1-2% surface gradient away from structures. Provide sub-surface drainage systems as required to avoid saturated conditions.
Avoid plant genus and species that have disease or pest problems. Select newer improved hybrid species and cultivars that are disease and insect resistant.
Inspect your site for microclimates, exposure to a prevailing wind condition (Santa Ana’s in Southern California), salt-water exposure from coastal wind, pollution from adjacent heavy traffic.

DESIGN CONSIDERATIONS:

Some simple, basic design considerations include:

Accent or hi-light plants, usually a tree(s).
Foundation or background shrubs to anchor the landscape.
Understory, foreground shrubs and perennials.
Ground covers, annuals and perennials for borders, accents, foliage and flower color.
Existing site home, building or office architecture and finish surfaces. Select plant material that will enhance existing site features.
Grade changes, retaining walls and site elements to create movement and interest.
Pathways, including D.G., sidewalks, pavers, bricks etc.
Entertainment areas, BBQ, outdoor kitchens and bars.
Water features, objects d’ art.
Utilitarian uses such as doggie run area, trash storage, and pool equipment.
Exterior site lighting, many fantastic low voltage lighting options for hi-lighting, safety and security.
State of the art automatic low volume “smart” irrigation system for efficient distribution and maximum water cost savings.

PRACTICAL CONSIDERATIONS:

Group tree and shrub planting based on sun exposure. Never mix plants with different sun exposures i.e.: full sun with full shade plant.
Layer plantings based on height and size requirements.
Repeat planting patterns to reinforce the plant theme.
Avoid using too many different plants. Don’t attempt to create a botanic garden.
Avoid using too many different flatwork and hardscape finishes. Select finish surfaces that compliment and enhance existing structures or features, do not introduce foreign finishes that detract from the property.
Create separate irrigation zones for turf versus planter areas, shade versus sun exposure area.
Make sure the grading and drainage create a favorable growing condition.
Avoid standing water on pathways.
Avoid land locked planters or install sub-surface drainage in the planter.
Remember that an effective, efficient, beautiful design for a garden or landscape is usually based on simplicity and repetition to reinforce an effective theme.

CASE STUDY:

The front yard of this estate has a full sun exposure with a very hot microclimate. The raised bed planter had no drainage outlets or sub-surface drainage system, the soil was very moist exhibiting anaerobic respiration and root rot. Existing Betula alba trees (European White Birch), were declining due to excess heat and root problems, leading to borer insect damage. The Carissa (natal plum) shrub in far right background mounded to 5’, covering windows and showing symptoms of fireblight. An ancient Boxwood hedge served no purpose other than hiding the plants behind. The large urns at the front entry contain an old Bougainvillea.

By removing the hedge, the entire planter area became visible and usable. Sub-surface drainage system removed excess moisture previously accumulating in the raised planter bed. Hi-light trees included Agonis flexuosa “After Dark” and Magnolia grandiflora “Little Gem”, trees adapted to full sun exposure, with contrasting foliage color and textures, complimented the architectural building style and color.

Foundation shrubs include Leptospermum scoparium “Ruby Glow” (tea shrub), and Duranta repens, (Sky flower), foreground shrub is Callistemon viminalis “Little John”. Notice the improved, colorful walkway entry to the side yard; previously it was all turf grass. High volume irrigation spray heads were retrofitted with low volume nozzles, cutting irrigation water up to 50%

Renovated landscape with new accent trees and natural theme

Below is a backyard hi-light, or what can be seen of this very cool fountain. Unfortunately, the existing rear yard hedge used to provide privacy had engulfed the fountain. Poor maintenance shearing techniques turning shrubs into geometric shapes destroying what should be a beautiful, informal hi-light viewing area. The wonderful planter urns had been neglected and provided little color or interest. This was a challenging area because it faces south and receives full sun exposure, however the upper-story tree hedge provided mixed partial shade. The goal was to enhance the prominence of the fountain and design an informal, colorful, relaxing area.

Is there a fountain back there?

Below is the same fountain however the large tree hedge limbs have been pruned to open the sight line corridor to the fountain while still retaining screening for privacy. Cercis canadensis “Forest Pansy” (Eastern Redbud) tress frame the fountain while providing breathtaking spring flower color, followed by ever-changing foliage color throughout the summer and fall. The existing urns were replanted with Abutilon hybrid shrubs as the anchor, surrounded with annual and perennial color. All the plant materials were selected for a full sun exposure, a particular size, effect, foliage or flower color or other special effect specific to the site.

Fountain hilight with Cercis Redbud trees

With so much to consider, the design process can be a significant hurdle for novices and those going it alone. Try to keep things simple. Start by going to a local nursery, preferably a wholesale growing grounds that has a large selection of trees and shrubs from one gallon to 60” boxed trees. Take pictures and make notes about the plants you like. Research your findings; the Sunset Garden book is an excellent resource for understanding plants and their cultural requirements.

In summary, selecting plants based on their cultural requirements that are adapted to your site will determine the theme for the landscape rather than the traditional method of having a landscape design that arbitrarily imposes an artificial landscape theme. The plants will thrive, establish quicker, use less water, and have fewer insect and disease problems, ultimately providing a less costly footprint with improved sustainability. With fine-tuning, the plant palette can be refined to suit any particular theme, coordinate and enhance site architecture, color, or specific features. Using an artificially designed landscape that does not suit the site with incompatible plant material will establish slowing, poorly, have disease and insect problems, lack vitality, consume more water and have far greater maintenance and renovation costs.

Even with the suggestions contained within this article, plant selection and the design process requires knowledge, research and creativity. Jeremy Rappoport is a professional horticulturist, C-27 licensed landscape contractor and certified arborist. For over two decades, Mr. Rappoport teamed with prominent public and private master development companies and community homebuilders as a land development specialist, with postings as a landscape, grading and offsite superintendent, purchasing agent, manager of sales, bidding and estimating, Director of Operations and Director of Land Development.

Mr. Rappoport combines his extensive work experience, professional degree and industry certifications providing landscape, horticulture, arboriculture and site development consulting, design and expert witness services. For more information, contact Jeremy Rappoport at 858-205-4748.

An Expert for Which, Defendant or Plaintiff Cases? Impartiality Is the Key

Posted on July 27, 2010 by Jeremy Rappoport

When I first decided to become a landscape, horticulture, arboriculture, site construction and development forensic expert witness, a business associate asked me which side I worked for, the defendant or plaintiff. Since I was new to the industry, I was somewhat taken aback at his remark. In my mind, I did not have a pre-determined preference on representing one side or the other.

With some time and experience under my belt, including working for both defendant and plaintiff cases, my conclusion is still the same, I do not have a preference because I use impartiality and standard of care to determine which client to represent. Yes, defendant cases typically are backed by insurance companies paying the bill, so from that perspective, the defendant side has deeper pockets, but that does not influence my decision to represent a defendant or plaintiff. While a plaintiff might be financially constricted, I have had no problems with getting paid for professional expert witness services.

I offer forensic expert witness consulting services for defendant or plaintiff clients and screen potential clients for satisfaction or failure to provide the proper standard of care. Here is the full article:

Defendant or Plaintiff Expert?

When I began offering landscape, horticulture, arboriculture and site development forensic expert witness consulting services throughout California, a business associate asked which “side” I worked for, the defendant or plaintiff. He did not want to refer the incorrect potential client to me. My answer to him then remains the same now, it does not matter whether a defendant or plaintiff client, I provide impartial expert opinions based on discovery, due diligence and the technical knowledge and experience I bring to the case.

Of course, impartial cuts both ways, and if discovery information leads me to an impartial opinion not in the best interest of my client, my professional integrity requires I inform the client why my opinion does NOT support their position. Fortunately, that difficult situation has not occurred; one of the reasons is careful screening of incoming requests by attorneys and paralegals.

It is challenging to maintain a neutral position during a telephone discussion with a potential client. Naturally, we all want to build our practice, so when a potential business contact occurs over the phone, careful listening, screening and asking pertinent questions is extremely important to ascertain whether the information provided by this potential client is a position I will arrive at independently on an impartial basis. Regardless of the information and position propounded by the attorney, maintaining my neutrality during a telephone conversation is essential to protect my integrity as an impartial expert who arrives at his opinion based on fact and discovery, not being bought or convinced by a client’s position.

Whether a defendant or plaintiff contact, the common thread is determination of satisfaction or failure to meet industry or professional standard of care. Ascertaining this information during initial discussions is an essential tool I use in screening potential clients. If a defendant call, the information provided during questioning should establish a reasonable degree of certainty the client satisfied the professional or industry standard of care, conversely a plaintiff contact will hopefully provide information detailing why the defendant failed to satisfy the standard of care and should be found negligent.

For this reason, I provide expert witness services for both defendant and plaintiff cases because determination of standard of care from a technical perspective must be an objective, impartial process. Perhaps I’m fortunate; the attorney’s I have worked with had a thorough, detailed understanding of their client’s position that simplified the screening process. They provided sufficient information and facts that instilled confidence I would be able to render an impartial expert opinion in their favor if discovery supported their information, which has consistently turned out to be case.

In addition to being retained as an expert for both plaintiff and defendant landscape construction defect cases, the same is true for horticulture and arboriculture cases involving plant and tree maintenance issues. Cases include plaintiff claims of incorrect plant selection, deficient landscape design, improper maintenance practices, tree risk and failure, any number of horticulture and arboriculture issues that have caused property damage, personal injury and even vehicular fatalities. The common thread in plant related cases is determination of standard of care which may include several parties such as the landscape architect and design, standard of care on the part of the construction and maintenance contractors, sometimes public agency interaction and their professional standard of care is examined, and often times all of the above are included as part of the expert opinion.

Due to the technical nature of the job, a landscape expert must be extremely adept in the many facets of construction, arboriculture, horticulture and other related fields. The expert must have the necessary skills and experience to efficiently distill all kinds of construction information to make an impartial standard of care determination. Of equal importance to data gathering, the expert must be able to communicate technical expertise in the simplest manner possible, while still producing convincing results.

As a landscape, horticulture, arboriculture, site development and construction expert, I occupy a relatively small but very important niche in the legal industry. Landscape, horticulture, arboriculture and site construction projects exist all around us, whether at a residential, commercial, industrial, recreational, private or public setting, accidents occur daily. Latent construction defects go undetected for years before manifesting into a serious situation. Trees drop limbs and fall over, damaging property and causing serious injury. Unlicensed or unknowledgeable contractors abound, many using illegal, outdated contracts, or worse, no written contract, both inexperienced or overly aggressive general contractors and subcontractors create project conflicts and many poorly informed property owners and managers suffer the consequences.

So much of my consulting work involves forensic determination of the cause of an accident or failure. In landscape construction, forensic analysis is extremely challenging due to the living and changing nature of the plant material, soils, segregating and determining design flaws versus construction contracting issues versus maintenance contracting practices, all are intertwined into a potentially difficult knot to unravel. Adding to the complexity of certain cases is the situation involving general and sub-contractor conflicts and determination of who did or did not satisfy standard of care. I discuss this situation in a previous article called Standard of Care in the Landscape Industry

Therefore, using a technically experienced and professionally educated consultant with a thorough background in all landscape, horticulture and arboriculture disciplines can make all the difference, regardless if a defendant or plaintiff case.

Rappoport Development Consulting Services LLC is a full-service landscape, horticulture, arboriculture, and land development consulting firm, offering landscape expert witness services for attorneys and insurers. Jeremy Rappoport is a professional horticulturist, ISA certified arborist and tree risk assessor and a C-27 landscape contractor.