There are five Ficus macrocarpa or Indian Laurel Fig trees growing along the 3rd Street side of 233 Broadway (the Buttercup Cafe and Best Western Hotel). Three of the trees are growing in the sidewalk's public right-of-way, the other two are growing in the private parking lot.

Sam Nassif, president of the hotel management firm, Creative Hospitality Corporation, requested that the Public Works Agency repair the damaged sidewalk in front of the restaurant parking lot. The location was listed on the Streets and Sidewalks repair contract. An on-site inspection revealed that, due to the extent of the sidewalk, curb and gutter damage and the condition of the trees, it would be in everyone's best interest to remove the trees at the time of the sidewalk repair.

Each tree has specific problems associated with it.

1. The tree closest to the driveway has a considerable lean over the sidewalk and parking lot. It has a large exposed trunk wound with an internal crack exposed and it recently had a large limb failed. Immediately adjacent to the tree it a large underground electrical vault and a water meter is close by. The roots lifted and broke both the sidewalk and also damaged the exit driveway of the café and hotel.

2. The center tree has grown to a size that the trunk is past the curb edge and it has been repeatedly hit by vehicles. These vehicle collision wounds are quite evident.

3. The tree closest to Broadway has grown large buttressing roots on top of the curb. The trunk and roots would have to be cut significantly to properly repair the curb and gutter. Wounding a tree in this manner should be avoided. This tree's canopy also blocked the Hotel sign and a nearby streetlight.

All of these problems would continue to grow worse if the trees were preserved. In addition, it is likely that the sidewalk would be damaged again in the reasonable near future.

The Office of Parks and Recreation posted the Official City Trees for removal on February 10, 2004. As per the Protected Trees Ordinance, Section 12.36 of the Oakland Municipal Code, the public comment period closed on March 11, 2004 and the permit was approved on March 12, 2004. The appeal period for this City Tree Removal Permit will end on March 18, 2004. Pending receiving an appeal, the trees are scheduled to be removed beginning on Friday, March 19, 2004. This is to allow the remaining concrete work to be completed.

Two trees will be planted as replacement trees in this same location. Pistacia chinensis or Chinese Pistache have been selected as the replacement tree. These trees grow large, have a more open canopy then the Ficus trees and their leaves turn brilliant colors in autumn. This open growth habit will allow for improved streetlight illumination of the sidewalk and therefore better public safety. Also this species does not have the pervasive surface roots that the Ficus trees have. Ficus trees are no longer planted as Official city trees. It is expected that the replacement trees would be planted as soon as all of the construction work was completed.

Mr. Nassif applied to remove the two trees growing in the parking lot under a non-development tree removal permit. He cited the problems associated with the roots causing damage to both the parking lot and the sidewalk as reasons for the removal of the trees. This permit's public comment period will close on March 16, 2004 and the appeal period will end on March 23, 2004. Only the immediately adjacent property owners have the right to appeal.

Posted 3/17/2004