The SBA (Small Business Administration) defines a small business by the number of employees or annual revenues. Small businesses are not dominant in their field.
Small business certifications are like professional certifications; they document a special capability or status that will help a small business compete in the marketplace.

Many government agencies require that some percentage of the procurements be set aside for small businesses.

“I think certifying RDCS LLC as a small business will definitely help the company compete for government contracts.”

Because the government sets aside contract work specifically for small businesses, general contractors and consultants can gain a competitive advantage using certified small business sub-consultants.

As a certified tree arborist and certified risk assessor, C-27 California licensed landscape contractor, professional horticulturist and land development professional, Mr. Rappoport offers environmental consulting services including
tree inventories, tree construction protection and preservation plans, best management practices, specifications, field monitoring, observations and reports, tree appraisals, tree risk assessment, tree health assessment and tree management programs.

Jeremy states: “Environmental consultants now have a certified small business consultant for arboriculture, landscape, horticulture and land development sub-consultant they can turn to for sub-consultant proposals while gaining credits and opportunities awarded by the government for using a small business.”

RDCS LLC provides certified arborist, certified tree risk assessment, landscape, horticulture and land development professional consulting for residential and commercial property owners, home owner associations, property managers, agencies, home builders and environmental consulting firms.

RDCS LLS provides legal expert witness consulting services for defendant and plaintiff attorneys and insurer in the specific areas of expertise including arboriculture, tree expert, certified arborist and certified tree risk assessment, landscape expert, horticulture expert and land development expert.

I had the good fortune to be selected as the project arborist for a portion of the San Diego Gas and Electric Sunrise Power Link Project.  This is a high voltage energy transmission project bringing an additional source of electricity to the San Diego County area and supplementing the California energy grid.  The transmission lines bring energy from the desert southwest into and through San Diego County backcountry.

The portion of the project I consulted on is known as the Suncrest Substation, located at the edge of the Cleveland National Forest just east of Alpine, California.  Beta Engineering was the design/build general contractor awarded the contract for constructing the substation for SDG&E.  Since the substation was located three miles from the nearest paved road, a three mile construction and operations access road needed to be developed.

In order to build the access road, SDG&E obtained road easements with private land owners to grade and build the access road.  However, due to the presence of hundreds of existing Coast Live Oaks and Engelmann Oaks, the property owners required a certified arborist be present before and during construction to make recommendations and implement best management practices to preserve and protect the oak trees during road grading and construction.

Beta Engineering selected Rappoport Development Consulting Services LLC as their independent certified consulting arborist for the Suncrest Substation construction project.

The following article describes the project and how Jeremy Rappoport, an ISA certified consulting arborist designed and implemented best management practices for oak tree construction preservation.

Construction Development Versus Oak Trees:

Can the Two Co-Exist?

Rappoport Development Consulting Services LLC recently completed a project providing independent certified arborist consulting services for Beta Engineering, a design build general contractor awarded the construction contract for the Suncrest Substation, a portion of the San Diego Gas and Electric Sunrise Power link Project.  The Suncrest Substation is located east of Alpine, California adjacent to the Cleveland National Forest, approximately 40 miles east of San Diego.

The substation project included developing a 2.5-mile access road for constructing the substation and for ongoing operations and maintenance once completed.  The access road runs 2.5 miles through private land used for ranching and recreation.  The rugged hills and mountains contain many native California plant species and areas of relatively undisturbed native habitat.

To reach the future substation site, the access road had to be constructed on land containing many native oak trees, including Quercus engelmannii and Quercus agrifolia.  The Engelmann oak and Coast Live Oak, both native to California, thrive in the hills, canyons and mountains in eastern San Diego County.

The Engelmann and Coast Live Oaks ranged from 50 to 250 years old, with some magnificent Engelmann specimens displaying 42-inch diameter trunks.

While the Engelmann oaks appeared in relatively good health, the Coast Live Oaks (Quercus agrifolia) showed symptoms of Gold Spotted Oak Borer (GSOB), infestation including crown thinning and dieback, with major trunk and vascular system damage.  Fortunately, the Engelmann oaks did not display any signs of bark beetle infestation.

In an effort to minimize tree loss due to construction impacts, the road was surveyed and redesigned several times.  Even with the best efforts of the design team, many oak trees had to be removed for construction.  Additionally, there were several hundred oak trees adjacent to the construction zone and road easement that would be impacted by construction activities.

Since Beta Engineering was the GC responsible for grading and improving the access road, they were also responsible for protecting and preserving oak trees immediately adjacent to the construction zone.  Beta Engineering was required to provide an experienced, certified consulting arborist to implement an oak tree construction preservation plan and provide monitoring and recommendations throughout the access road construction time period of approximately one-year.

Beta Engineering selected Rappoport Development Consulting Services LLC as the certified consulting project arborist.  The first site visit revealed beautiful, relatively undisturbed natural terrain.  Since the access road was built within an easement on private land, much of the area has been protected by development, resulting in large oak trees and other native species including Ceanothus, Manzanita, Rhus and Malosma.

Pre-Construction Panning

 Pre-construction tree protection planning is mandatory to achieve success in the design and implementation of a protection plan.   The scope of the assignment was:

• Review and amend the existing tree inventory with current site data.
• Analyze grading, improvement and tree survey exhibits, determine and rate the extent of adjacent construction impact to the trees.
• Design best management practices (BMP’s) and specifications to minimize construction impacts.
• Provide field inspections and observations prior to and throughout the construction period.  Make job site recommendations as required.
• Develop a final report summarizing the results of the project.

Using an existing tree inventory and survey maps identifying tree locations, pre-construction field inspections compared this information with the survey stakes located in the field.  Current field status was updated in the tree inventory, including digital photographs and the tree condition.

The importance of pre-construction planning is crucial for a successful tree protection plan.  Tree protection best management practices generally work far better when implemented before heavy equipment and grading operations begin.

With a complete understanding of the field and tree conditions and upcoming construction schedule, RDCS LLC developed best management practices for the general contractor to implement and distribute to their sub-contractors and consultants.

General pre-construction recommendations included erecting barriers and fencing to define the workspace from the tree protection zone.  A primary concern was protecting the root zone from mechanical damage and soil compaction.  Warning signs were specified at regular intervals.  Crown and canopy pruning specifications were designed and implemented to achieve vertical and horizontal clearance for large trucks and equipment while avoiding mechanical damage to oak tree limbs and branches.

Best management practices to minimize impacts to the oak trees during construction included placing mulch layers to reduce soil compaction, adjustments to changes in grade to minimize root disturbance and root pruning to reduce mechanical damage to roots caused by grading equipment.  During the summer months, the trees canopies were rinsed by water truck to remove accumulated dust from construction activities.

Grading Impacts:

Due to site topography, the access road was constructed along slope side contours.  To achieve a level roadbed through a hillside contour, one side of the road was a cut resulting in a 2:1 upslope from the edge of road to the top of slope.  A concrete lined brow ditch was constructed at the top of the slope.

The other side of the road required a fill slope that resulted in a down-slope from the edge of the road to the bottom of the slope.

There were several storm drain crossing that conveyed water under the road in storm drain culverts to the downhill side of the road where the water “day-lighted” out of the toe of slope and ran in free flowing creeks.  Therefore, construction impacts were anticipated where storm drain inlets and outlets were constructed.

 Due to slope cuts and fills, the existing oak trees were threatened with several impacts.  The trees on the cut slope side of the road would suffer from mechanical damage to their roots from grading and brow ditch cuts into the slope.  Many trees contained low scaffold branches that would be damaged by grading equipment.  Tree impacts on the fill slope side of the road included root disturbance and suffocation by placing fills soils over the existing surface grade.

During grading construction, very heavy grading equipment would result in soil compaction in the adjacent tree root zone.

Construction Monitoring and Supervision

 In addition to developing and implementing best management practices for oak tree preservation, another project assignment included supervising the grading sub-contractor responsible for oak tree crown and root pruning activities.  The grading contractor sub-contracted the tree pruning work to a professional tree service.  The grading contractor  utilized in house employees for root pruning laborers.

Rappoport Development Consulting Services LLC supervised both above grade crown and canopy pruning and well as below grade root pruning.  With the advent of the raptor-mating season, all tree crown pruning had to be completed no later than December 31, 2010.  Gaining vertical vehicular access road clearance was the main objective and reason for crown pruning.  Therefore, crown pruning included skirting up low lying limbs to achieve seventeen feet vertical clearance from the future finish road surface.  Horizontal clearance required pruning back any growth to prevent encroachment into the right of way.  Crown reduction and selective limb removal were the main crown pruning techniques used to satisfy access specifications.  One had to be experienced in reading survey stakes to understand where the finished road surface would be in relation to the existing tree limbs.

Due to the age and maturity of the oaks, many trees had very large scaffold branches ranging up to sixteen inches in diameter.  Unfortunately, several large limbs had to be removed to achieve the required clearances.  In those instances, cuts were carefully selected and made well outside the branch collar to provide as much protection for the tree to compartmentalize the wound.  Dead wood was removed as required.

The root pruning work included both mechanical and hand trench excavation starting from the outside edge (drip line) of an individual tree crown or a stand of oak tree canopies.  The trench was located between the outside edges of the grading work adjacent to the trees. Most of the tree rooting occurs in the upper twenty-four inches of the soil profile.  Therefore, the trench specifications were approximately eighteen inches wide (wide enough to accommodate a laborer and shovel) with an average depth of thirty inches.  In some cases the trench excavation extended to thirty-six inches.  Approximately 80% of the roots were encountered above twenty-four inch depth.

The goal with root pruning is to avoid construction and mechanical damage to the root system by trenching and cutting roots prior to heavy equipment making grading cuts that would severely damage adjacent tree roots.  Once the root pruning is employed, grading equipment can then excavate and pull the cut roots out without mechanically tearing the roots, thereby minimizing root disturbance and tree shock.

The objective was to expose roots, cut and remove roots crossing through (perpendicular) to the trench.  As the trench deepened, roots up to six and eight inches in diameter were cut throughout the entire trench profile.  Large diameter roots were cut with a sharp chainsaw, smaller size roots were cut with sharp tree loppers.  Once all of the roots were cut, the trench was backfilled and grading proceeded up to the trench cut.

Monitoring and Data Collection

The tree crown pruning started in December of 2010 with grading operations beginning in February of 2011.  Root pruning began with grading and was completed by March of 2011.  Oak tree monitoring began prior to construction in November of 2010 and the final monitoring occurred prior to paving in September of 2011.

During the access road design, the consultant team rated potential damage to the tree based on the percentage system below:

The consultant team defined tree damage as any physical alteration of the tree caused by proposed construction, including branch and root pruning, grading within the root zone, removal of one or more multiple trunks.  The determination of the percent damage is a judgment made by the arborist at the site during construction and the amount of disturbance to the individual trees and considers roots, trunks, branches, and crown.

Tree monitoring was implemented based on seasonality and for job specific construction events.  All of the monitoring utilized visual observation and digital photographic record keeping.  While monitoring, many types of data were collected.  Much of the data was relative, comparing the tree health and condition from the original tree inventory to the current monitoring event.

The main categories in the tree-monitoring log examined items such as:

• Tree category designation
• Whether crown pruning occurred
• Whether root pruning occurred
• Trunk or root damage occurred
• Spring defoliation and flush
• Crown and leaf appearance
• Comments on edge condition, wound response, presence of Gold Spotted Oak Borer (gsob) and general appearance
• Photographic identification number

Comparisons between monitoring events examined:

• Reaction to crown and root pruning
• Signs of crown decline or dieback
• Signs of new buds and growth
• Spring flush, color and density
• Leans or stability issues from root pruning
• Overall tree health, vigor or decline
• Current construction impacts
• Punch list and corrective actions

The oak tree preservation and monitoring program was designed to minimize construction impacts to the trees and monitor the tree response over a period of time.  The program did not include tree risk assessment for structural integrity, risk to the construction workers, the public or property, nor did the program address recommendations for the tree Owners to correct noted existing deficiencies.

The project construction timing may have benefitted the trees.  The crown and root pruning occurred during the winter months, a time of slow metabolic activity for the oak trees.  The grading disturbance began in early spring, approximately the same time many of the Engelmann oaks dropped their old leaves from the previous season and began their spring flush of new growth.  The weather also cooperated in that San Diego county experienced above normal rainfall for the year, resulting in elevated water tables for the trees, keeping soil moisture conditions relatively high, even throughout the hot, dry summer months.

Results

Of the 369 trees inventoried and monitored during the program, no trees were lost.  However, at least three to five trees exhibited signs of crown decline and foliage discoloration.  Symptoms of tree decline from construction impacts may take up to three to five years to fully manifest.   Therefore, full knowledge of successful survivorship will not be known for another two to three years.

That being said, it was very encouraging to see these ancient oaks survive at least during the heavy construction phase.  Pruning cuts on limbs from four to twelve inches in diameter showed signs of healing and minimal evidence of decay.  The trees dropped their foliage in the spring and displayed a nice spring flush of growth by the June monitoring.  Yellowing and discolored foliage with browning of tips and margins was a typical foliage symptom.  The fact the trees put out a healthy spring flush following crown, root pruning and grading operations, followed by a successful growing season was a positive sign.

Trees that appeared stressed in March re-foliated and displayed improved general health in June.  More importantly, the trees survived throughout the hot summer months and did not defoliate as of observations made in September of 2011.

The ultimate success of the oak tree preservation program cannot be fully assessed until a sufficient time period has elapsed whereby the trees exhibit typical healthy growth patterns without signs of increasing or ongoing decline.  The minimum elapsed time period for a final health assessment would be three years from date of construction impacts or March of 2014.  This would provide three full years of “non disturbed” growth and allow trees to either fully recover or decline.  Trees that continue to decline after three years most likely have entered the “tree death spiral”, a condition whereby the tree is unable to recover from injuries incurred during construction and are a total loss.

Unfortunately, the contract with Beta Engineering expired and the continuing status of the oak trees is no longer available to RDCS.  Based on current survivorship and tree health, upwards of 369 Quercus engelmannii and Quercus agrifolia were persevered due to protection and preservation best management practices.

While final results will not be known for another year or so, the oak tree preservation program was determined to be a major success by both the general contractor and the client, San Diego Gas and Electric.

It was very gratifying to see the various project stakeholders acknowledge the importance and value in preserving as many native oak trees as possible balanced with the project transmission and sub-station objectives.  While a certain percentage of the oaks may fail from the construction impacts over a period of time, a great majority of the trees were saved through careful preservation and protection best management practices.Therefore, the answer to the question, can development and oak tree preservation co-exist, I believe the answer is yes.

The importance and value in preserving and protecting trees has gained awareness with the “green movement” and creating sustainable environments.  Tree benefits and their inherent value figure prominently in construction and development projects.  Hopefully, public, owner and agency awareness about the positive value of saving, preserving and protecting native and heritage trees will continue to grow.

We all need to be responsible stewards of our planets diminishing resources.  Knowing these oak trees survived during construction of a major electrical transmission and substation construction project and will be seen by future generations is a very rewarding experience.

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.

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!

]]> http://www.landscapeexpertwitness.com/blog/?feed=rss2&p=299 0 http://www.landscapeexpertwitness.com/blog/?p=287 http://www.landscapeexpertwitness.com/blog/?p=287#comments Thu, 05 Jan 2012 02:16:25 +0000 Jeremy Rappoport http://www.landscapeexpertwitness.com/blog/?p=287 Continue reading →]]> 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?

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!

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.

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

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

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