There are few places on earth where a tree is more sacred than in the proud urban forest of Rossmoor, yet two of the more than 400 Liquidambar trees lost a battle with the meddling sidewalk recently as the board voted 5-0 to give a homeowner the right to replace them.
With more than 5,000 trees, Rossmoor is one of few communities that employs a full-time arborist. Mary Kingman, the arborist, acted like the doomed trees defense attorney during the long debate at the most recent meeting of the Rossmoor Community Services District.
At issue, were two Liquidambar trees located on the Parkway in front of homeowner Rolanda Schmidt’s home. She claims the trees are destroying her sidewalk and “my original Rossmoor walkway.” She was requesting removal of the trees, offering to replace them with two crape myrtle trees.
General Manager Joe Mendoza recounted the email exchange over several months with the Kensington Street couple, David and Rolanda Schmidt. After Mrs. Schmidt filed the request, Mendoza said he scheduled a meeting of tree committee, including Chairman Jeffrey Barke and director Mark Nitikman.
Mendoza said the Rossmoor policy required an evaluation by its resident arborist, so he reached to Kingman. She told the directors at the meeting that after evaluating the situation, it was her opinion that the trees were healthy and should not be removed.
Questioned further, she did acknowledge there was some “root decay,” which could eventually lead to bacterial infection, but said as of now, she could not recommend removing them.
Even so, Kingman did acknowledge the fact that more than 400 liquidambar trees in
Rossmoor are not ideal to west coast conditions, especially the drought, which had caused the roots of the Schmidt’s Liquidambar trees to “surface” looking for water.
Mrs. Schmidt said the surfaced roots were destroying their property.
Nevertheless, Kingman maintained the trees were healthy, noting that as healthy trees, she did not have the authority under the Rossmoor policy to order them removed. and that she did not have the power to break the rules and order them removed.
During the discussion, Barke noted that during their earlier meeting with Schmidt, he suggested that the Schmidts perhaps get a “second opinion” from an outside arborist, which they did.
According to documents presented during the “trial,” Fred DeMaria, of Orange County Arborists, also examined the Schmidt’s Liquidambar trees and came to a different conclusion.
“Due to the existing root pruning…the presents [sic] of some decay already started…and I believe it is possible that the tree’s structural integrity could already be compromised.”
Using Zoom, Mrs. Schmidt pressed forward with her own case to the directors.
Schmidt told the directors she formerly worked at Disney and drove through Pasadena every day. “I love trees,” she said. “I don’t want to be used as an example,” she said. “Those trees destroyed our front yard.”
Nevertheless, “given the structural damage” and everything she’d been through, Schmidt told the directors that “the least you can do” is let them replace the trees.
Kingman acknowledged the directors had the authority to order the removal, but she could not. If they decided to have them removed, Kingman said she provides the Orange County Public Works Department with a tree removal list and they periodically removes the trees.
Kingman said the OC Public Works crews have the right to refuse to remove healthy trees, but said they have never yet refused to remove any tree on their list.
Following the arduous debate of more than hour, the directors began to rally around a compromise that would allow the Schmidts to remove the trees, given the fact that the couple had agreed to replace them, but only under the condition that they would pay for the removal if OC Public Works for any reason does not.
In addition, the Schmidts agreed to replace the trees with 36-inch boxed plantings, unless Kingman decides 24-inch trees would be less threatening to the parkway.
Kingman told the directors that if the trees are to be removed, new ones cannot be planted until October, when the next planting season begins.
“I’m okay with that,” said Mrs. Schmidt.
With that, the fate of the two Rossmoor Liquidambar trees came to a vote.
Chairman Barke put the negotiated settlement into a motion. “I don’t think this is a case of wanting to remove the trees for cosmetic purposes,” said Barke. “We can make exceptions, but we don’t want to set a precedent. We love our trees,” he said.
Yet, other directors openly worried that they could, in fact, be doing so.
“With more than 400 other Liquidambar trees located throughout Rossmoor, I’m very concerned that we’re setting a precedent here,” said Nitikman. “What do we tell the next homeowner,” he asked?
“We ultimately have to make a decision you cannot make,”said Director Jeffery Rips to Kingman. For the future, said Rips, “I’m completely against” bringing in other arborists for a second opinions. “Where does it stop,” he wondered?
Having said that, Rips said it was obvious the trees were already showing signs of decay so he would vote to remove them.
“This is where we learn,” said Director Tony DeMarco.
Director Nathan Searles told Kingman it must be a “thankless job when your constituents are trees.” Nevertheless, Searles said given the partnership with the homeowner, he too would vote for the compromise.
The directors thanked Kingman for her dedication and for upholding the Rossmoor tree policy yet voted 5-0 to give the Schmidts the authority to have the trees removed.
Coincidentally, Kingman gave her annual Urban Forest report to the Directors earlier in the meeting, saying heavy rains in 2019 “triggered rapid tree growth in 2020.” The extra weight, she said, coupled with the heat, resulted in a “large amount of limb failures.”
During 2020, Kingman said there were 9 complete tree failures and 8 because of high winds. Throughout the district, she said there 137 new trees planted and 83 dead or diseased trees were0 removed.
Kingman said the wide variety of trees in some Rossmoor parks offer great opportunities for outdoor classrooms for local schools. She said local schools had scheduled tours of Rossmoor’s Urban Forest but have since been cancelled because of the pandemic.
The Rossmoor Urban Forest is well known. “It’s part of our coolness,” said Barke.
