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00-044_SPAULDING, G. RICHARD & PAMELA J._Tree Maint. & Preservation AgrExempt from Recording Fees - CpvtaCode 61033-- Tree Ma � Easement Ghery JJs fn City erk San Juan Capistrano, CA RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Recorded in official Records, County of Orange Gary Granville, Clerk -Recorder illllllllt>1i111111111NNIIIIIIIIIIIIIIINIIIIININO FEE 2001000570211:51am 01104101 110 67 Al2 7 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TREE MAINTENANCE AND PRESERVATION AGREEMENT 11 (Assessor's Parcel Nos. 668-101-19 and 20, County of Orange) 1 6/ <J a This Tree Maintenance and Preservation Agreement is entered into this A4,1�h day of Aiirt l , 2000, by and between the City of San Juan Capistrano (hereinafter "City") and G. Richard and Pamela J. Spaulding (hereinafter "Property Owner"). RECITALS: WHEREAS, Property Owner has requested City permission to remove 21 eucalyptus trees located along the southern boundary of the property known as Sycamore Business Center, 32236 through 32244 Paseo Adelanto, San Juan Capistrano, on certain real property depicted on the site plan, attached as Exhibit "A", and incorporated herein by reference; and, WHEREAS, said trees are infested with the Red Gum Lerp Psyllid, a disease that as of this date does not have a locally available cure; and, WHEREAS, said trees may die if extraordinary actions to intervene and treat said trees with a periodic injection of a prescribed insecticide that although will not fully arrest the infestation has been demonstrated to assist eucalyptus trees in fighting the possible fatal effects of the Red Gum Lerp Psyllid for an interim period of time; and, WHEREAS, the State of California is presently evaluating natural methods that if released into the California environment could arrest the infestation and if found not to have a secondary impact upon the California environment will in the long-term remove the infestation of the Red Gum Lerp Psyllid; and, WHEREAS, it is estimated that the State of California's evaluation will take approximately eighteen to twenty-four months before it is known whether a cure will be available to arrest this type of infestation; and, WHEREAS, the City through its General Plan and Tree Preservation provisions of the Municipal Code have established goals and policies that are designed to encourage c:/myfiles/agreementsfrreeMaintenance. agr -1- 11/09/00 W • the preservation of trees due to their presence in creating an important community asset in framing the visible quality of life of San Juan Capistrano; and, WHEREAS, the City, through previous actions by both the Planning Commission and City Council, has determined that these trees contribute to this community aesthetic value; and, WHEREAS, the City Council recognizes that, in order to protect these trees, a costly maintenance program will be required that is above that generally associated with the standard maintenance required of these trees, and, since it is determined that said trees are considered a community asset and therefore these preservation efforts and its related cost should be funded by the City; NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN PROPERTY OWNER AND CITY AS FOLLOWS: Section 1. Grant of Access Easement (Interim). Property Owner hereby grants to City a license for the purpose of allowing City to conduct maintenance operations for said eucalyptus trees located along the southerly parcel boundary, as more particularly set forth in Exhibit "A". Said maintenance shall include injections of trees with a prescribed insecticide, annual tree trimming, and removal of tree droppings including leaves and branches in an area fifty feet (50') wide as measured from said property line as set forth in Exhibit "A", at City's cost. Section 2. Term of Agreement. This Agreement shall remain in full force and effect for a period of one (1) year from its date of execution, with a possible one (1) year extension upon mutual agreement of both parties. Said agreement to continue this agreement beyond the initial provisions of this section shall be by mutual consent of the City and Property Owner. Prior to the expiration of the agreement, the City shall conduct an evaluation on the status of methods that are then available to cure the continued infestation of the Red Gum Lerp Psyllid. Section 3. Agreement Runs With the Land. This Agreement shall run with the land and bind all Property Owner's successors and assigns for the period said agreement and any mutually accepted extensions are in effect. Section 4. Indemnity. City shall indemnify and save Property Owner harmless from and against all claims, losses, demands, loss or liability of any kind arising out of City's effort to maintain and c: /myfi les/agreements/Tree Mai ntenance.agr -2- 11/09/00 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On November 15.2000 , before me, Cheryl Johnson , City Clerk, personally appeared Collene Campbell , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Capacity Claimed by Signer Municipal Corporate Officer WITNESS my hand and official seal. OPTIONAL Description of Attached Document or Tree Maintenance and Preservation Title Aereement Title or Type of Document Signer is Representing City of San Juan Capistrano Number of Pages Apri14, 2000 Date of Document Pamela and Richard Snauldine Signer(s) Other Than Named Above SPAULDING PROPERTIES- 1( Sycamore Business Park May 29,2001 Honorable Wyatt Hart, Mayor and City Council Members 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Ladies & Gentlemen, Upon visual inspection of the cities most recent building on the zero lot line that back up to our property (32236 & 32244 Paseo Adelanto), we believe that both a water meter and the walk way are on our property. In an effort to clarify this matter please send us a copy of a certified survey by June 29,2001. If indeed any part of the new construction is on our property, please immediately have it removed. rely, Dick Spa uldi g Spaulding Properties Cc: George Scarborough, City Manager MAY 3 0 2001 SPAULDING PROPERTIES Sycamore Business Park May 29, 2001 Honorable Wyatt Hart, Mayor and City Council Members 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Ladies & Gentlemen, 5�OD1 ��ti-q14 r�Ct7✓t t,�2� /6p v� I. - On September 8,1999 Spaulding Properties submitted an application for a tree removal permit. The basis for the application was that these trees had become infected with lerps. On October 6,1999 the city approved for removal trees 22 — 49 on the application. Trees 1 — 21 were excluded even though they were equally infected with lerps. On April 4, 2000 the City Council met and expressed a desire to make an attempt to save 20 of the remaining trees on the application. On or about April 17, 2000 Tom Tomlinson delivered a Tree Maintenance and Preservation Agreement to our office. On November 14, 2000 Colleen Campbell signed the Tree Maintenance and Preservation Agreement for a one-year period starting April 4, 2000. To date the trees are still infected and causing damage to personal property and the business park. We are requesting the following: 1. A detail report of all treatments made between April 4, 2000 and April 4, 2001. 2. A copy of the evaluation outlined in Section two (2) of the Tree Maintenance and Preservation Agreement (see attached) 3. Copy of the Liability Insurance mentioned in section five (5) Seeing the Tree Maintenance and Preservation Agreement ended April 4, 2001. We are requesting all above information be in our receipt no later than June 29, 2001. We want to come to some long- term resolution on this matter. ly� Dick e Cc: George Scarborough, City Manager MAY 3 0 2001 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 7C7ayi- uS C ©p 7 TREE MAINTENANCE AND PRESERVATION AGREEMENT (Assessor's Parcel Nos. 668-101-19 and 20, County of Orange) This Tree Maintenance and Preservation Agreement is entered into this,/41-"day of I I , 2000, by and between the City of San Juan Capistrano (hereinafter "City") bind G. Richard and Pamela J. Spaulding (hereinafter "Property Owner"). RECITALS: WHEREAS, Property Owner has requested City permission to remove 21 eucalyptus trees located along the southern boundary of the property known as Sycamore Business Center, 32236 through 32244 Paseo Adelanto, San Juan Capistrano, on certain real property depicted on the site plan, attached as Exhibit "A", and incorporated herein by reference; and, WHEREAS, said trees are infested with the Red Gum Lerp Psyllid, a disease that as of this date does not have a locally available cure; and, WHEREAS, said trees may die if extraordinary agions to intervene and treat said trees with a periodic injection of a prescribed insecticide that although will not fully arrest the infestation has been demonstrated to assist eucalyptus trees in fighting the possible fatal effects of the Red Gum Lerp Psyllid for an interim period of time; and, WHEREAS, the State of California is presently evaluating natural methods that if released into the California environment could arrest the infestation and if found not to have a secondary impact upon the California environment will in the long-term remove the infestation of the Red Gum Lerp Psyllid; and, WHEREAS, it is estimated that the State of California's evaluation will take approximately eighteen to twenty-four months before it is known whether a cure will be available to arrest this type of infestation; and, WHEREAS, the City through its General Plan and Tree Preservation provisions of the Municipal Code have established goals and policies that are designed to encourage c./my I i Icy/agrcemcnls/'I'rceMainlenancc. agr -1- 11,09/00 the preservation of trees due to their presence in creating an important community asset in framing the visible quality of life of San Juan Capistrano; and, WHEREAS, the City, through previous actions by both the Planning Commission and City Council, has determined that these trees contribute to this community aesthetic value; and, WHEREAS, the City Council recognizes that, in order to protect these trees, a costly maintenance program will be required that is above that generally associated with the standard maintenance required of these trees, and, since it is determined that said trees are considered a community asset and therefore these preservation efforts and its related cost should be funded by the City; NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN PROPERTY OWNER AND CITY AS FOLLOWS: Section 1. Grant of Access Easement (Interim Property Owner hereby grants to City a license for the purpose of allowing City to conduct maintenance operations for said eucalyptus trees located along the southerly parcel boundary, as more particularly set forth in Exhibit "A". Said maintenance shall include injections of trees with a prescribed insecticide, annual tree trimming, and removal of tree droppings including leaves and branches in an area fifty feet (50') wide as measured from said property line as set forth in Exhibit "A", at City's cost. Section 2. Term of Agreement. This Agreement shall remain in full force and effect for a period of one (1) year from its date of execution, with a possible one (1) year extension upon mutual agreement of both parties. Said agreement to continue this agreement beyond the initial provisions of this section shall be by mutual consent of the City and Property Owner. Prior to the expiration of the agreement, the City shall conduct an evaluation on the status of methods that are then available to cure the continued infestation of the Red Gum Lerp Psyllid. Section 3. Agreement Runs With the Land. This Agreement shall run with the land and bind all Property Owner's successors and assigns for the period said agreement and any mutually accepted extensions are in effect. Section 4, Indemnity. City shall indemnify and save Property Owner harmless from and against all claims, losses, demands, loss or liability of any kind arising out of City's effort to maintain and a.Atly lcslagrecutenls(I'reeMRinlatance,:tkt -2- 1 U09AW 0 0 strengthen the subject trees. City shall not be liable for any damages arising from causes separate and distinct from the City's efforts to save the trees. Section 5. Insurance. The City maintains liability insurance in the amounts of not less than two million dollars ($2,000,000.00) with the Southern California Joint Powers Insurance Authority ("SCJPIA" ). City agrees to maintain its SCJPIA insurance coverage during the term of this Agreement. to: Section 6. Notices. Any notices required to be given under this Agreement shall be sent first-class mail City: George Scarborough, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Property Owner: G. Richard and Pamela J. Spaulding P.O. Box 1268 San Juan Capistrano, CA 92693 Section 7. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. c./hnylileslagroemcnzsfl rceMainicnanee.agr -3- II/090) 0 0 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. ATTEST: By:"/u j u Cheryl Johnso Ci ' lerk APPROVED AS TO FORM: By: —1 John R. ha , City Attorney cAllY iles/agreen....W1 rceMaialenance.agr -4- CITY OF SAN JUAN CAPISTRANO, a municipal c4oration /J � ollenampb I, Mayor 1 1109/1111 irr 4 1.1 ' 1. 0 AGENDA ITEM April 4, 2000 TO: George Scarborough, City Manager FROM: Thomas Tomlinson, Planning Director SUBJECT: Consideration of Tree Maintenance and Preservation Agreement with Sycamore Business Center (Spaulding) By Motion: A. City Council to make a determination of whether the subject trees shall be allowed to be removed. B. If the City Council determines the subject trees are to be retained, by motion, move to approve the attached two-year agreement for Tree Maintenance and Preservation with Sycamore Business Center. A. SUMMARY AND RECOMMENDATION - The property owner has submitted a Tree Removal Permit for 21 Red Gum eucalyptus trees that have been infected by the Red Gum Lerp Psyllid. This type of infection has no specific long-term cure, however there are programs that if implemented would assist the eucalyptus trees in withstanding the assault on the tree and allow it to survive. Such a procedure requires constant attention and continuous maintenance activities. The specifics of the program are outlined in the arborist report attached (see attachment 2), The property owner has requested that the City authorize the removal of the infested trees, subject to replacement plantings. The property owner has stated that trees are causing damage to private property, that there is no known cure for the disease, and that they are concerned about the liability of maintaining the trees. Under the general provisions of the Municipal Code, this type of infestation has no known cure, it creates significant foliage (leaf drop) and results in the ground surface being covered by a sticky substance that causes a constant nuisance. The City has over the last 25 years placed a great emphasis on the preservation of trees as an aesthetic amenity of the community. Eucalyptus trees have been a part of that image. They were a part of the agricultural history of the community as well and were planted in recent times, where these trees have been used to define neighborhoods, and public scenic corridors such as Ortega Highway. There are large mature trees that have provided definition of character for specific areas of the FOR CIN COUNCIL AGEN 141 0 0 AGENDA ITEM -2- April 4, 2000 community such as Mercado Plaza (Cafe Mozart) or the areas adjacent to San Juan Creek and Ambuehl School. The key question that arises from this current threat to the trees'very life, is should the City become an active participant in the funding and caring for these trees, assisting them in the fight? The Planning Commission in considering the Tree Removal Permit concurred with the staff recommendation that the City should consider assuming the cost of trying to maintain the trees during an interim period, with techniques that would provide some form of initial treatment to maintain the life of the trees. It was recognized by both staff and the Planning Commission that the arborist recommended treatment program does not provide a long-term resolution from this form of infestation. The University of California has an on-going research program to identify possible cures to the infestation. They are presently testing a natural predator from Australia for possible acceptability to the California eco -system. It is estimated that these test will be concluded in approximately 18-24 months. Staff recommends that the City Council confirm the findings of the Planning Commission that the subject trees located at the common property boundary with City Hall are significant and should be preserved as a community asset, and enter into an agreement with the property owners to assume for an initial two year period, all maintenance and liability associated with preserving the trees. As noted in the arborist report, one tree is recommended for removal. Staff has prepared the attached Tree Maintenance and Preservation Agreement for implementing this recommendation for maintenance of the remaining trees. B. BACKGROUND - The infection of trees are by psyllids which are small insects that suck sap from plants, in this case eucalyptus leaves. Female psyllids lay clusters of eggs on leaves from which hatch the nymphs, the immature stage of the Psyllid. As psyllids feed on leaves they produce a watery sticky waste product called honeydew. Nymphs use honeydew secretions to form a protective cap called a "Lerp". Nymphs feed and grow to adulthood under this cap of crystalline sugars. The Lerp is the conspicuous white scale -like cone seen on infested eucalyptus leaves. When the nympha development is complete, winged adults leave the protective Lerp and fly to new plants to mate, feed, and commence egg laying. High populations of feeding psyllids secret copious amounts of honeydew making leaves and sidewalks and anything below the tree sticky. Feeding damage can be severe enough to cause premature leaf drop and sticky fallen leaves to adhere to shoes, vehicles, clog swimming pool filters, and may rapidly increase amounts of flammable material beneath trees. Extensive defoliation and subsequent crown thinning may stress trees making them more vulnerable to attack by the eucalyptus long horn beetles that can kill eucalyptus trees by boring into trunks and branches of weakened trees. Previous experiences with eucalyptus pests have shown that eucalyptus are hardy and may sustain 2-3 successive defoliations before dying. 0 AGENDA ITEM -4- April 4, 2000 by the General Fund to preserve these trees? Fortunately, most of these specimen trees are located in the public right-of-way or open space areas controlled by the City. In several instances, the trees are located on private property. Staff is currently implementing a program of preventative treatment for City controlled trees. Prior to considering the Tree Removal Permit that was presented to the Planning Commission, staff retained an arborist to inspect the trees and provide a report on their health and the cost of implementing a preventative maintenance program. The purpose of this report is to identify the annual costs of instituting such a continuous cost upon a private property owner. The submitted report estimates that the cost of annually maintaining the trees with a constant care program is approximately $3,000.00 for the injections. In addition, as noted in the background the leaf drop also creates a nuisance problem that requires constant attention. During consideration of the initial tree removal permit for those trees adjacent to the railroad track (removal authorized by City), the estimated cost of weekly/monthly clean-up was an additional $500.00, to the property owner. In addition there is the cost of trimming maintenance. If the City made these trees a part of the annual tree trimming program it is estimated that the cost would be $420.00 on an annual basis Therefore the overall annual cost for preserving the trees is approximately $4,000.00. This estimate does not include any cost estimates for damage to individual property as a result of infestation. Staff believes that these additional costs are significant and should be a cost that is paid by the overall community to maintain a community asset that is above and beyond what could be normally anticipated as a general maintenance cost of maintaining trees. In addition, there were the miscellaneous costs associated with potential damage to vehicles that are parked under the leaf drop area. A number of letters were received by the City from tenants and customers of the Sycamore Business Center as it related to the original removal request. Because of these nuisance problems, the property owner is concerned that City assumption of tree maintenance responsibilities still does not protect them from possible future nuisance damage claims. Therefore, an additional area of possible City involvement would be to assume the liability that may arise from such claims. Finally, under the provisions of the Municipal Code, this type of infestation is a stated cause for issuance of a removal permit. Such action has already been granted for those trees that had been infested adjacent to the railroad right-of-way. Those trees were removed and replacement plantings made with 24" box pine trees. If the infected trees were to be removed, replacement trees would be required and all maintenance responsibilities would remain with the property owner. If this action is taken, staff would recommend that the replacement plantings be the same as required on the rear project boundary. 0 0 AGENDA ITEM -5- April 4, 2000 In summary, staff would recommend that the City Council confirm the recommendation of the Planning Commission and determine that the subject trees represent a community asset and approve the agreement for City maintenance of the trees, including assumption of liability for damages that may arise from the preservation of these trees for an initial two-year time frame to assess future treatments that may be developed in the immediate future that will provide a cure. If such a interim program is not instituted by the City, then the property owner should be authorized to remove the diseased trees subject to approval of a replacement tree planting program to be reviewed and approved by the Planning Director. OTHER COMMISSION REVIEW AND RECOMMENDATION The Planning Commission at its meeting of March 14, 2000 considered the Tree Removal Permit and took an action that recommended the City Council enter into an interim two- year agreement for the City to maintain the twenty trees at City cost. If the agreement was not executed with the applicant, the trees were authorized for removal with a replacement tree to be approved by the Planning Director. In response to the Planning Commission action, staff has prepared the draft agreement and scheduled the item for City Council action. PUBLIC NOTIFICATION Although this agenda item does not require any public notification, staff has provided notice to the property owner. FINANCIAL CONSIDERATIONS If a two-year maintenance program is assumed by the City, the annual costs for supporting such program is estimated at $4,000.00. Such costs will be a charge to the General Fund. If the agreement is not authorized, the cost of the removal and tree replacement is borne by the property owner. ALTERNATE ACTIONS Do not approve of the Tree Maintenance and Preservation Agreement, which authorizes the tree removal request, subject to tree replacement planting as approved by the Planning Director. If the trees are not to be removed, approve the agreement for the City assuming the cost of an interim two-year program of preventive maintenance of the trees, including liability claims from damage caused by said trees. 0 0 AGENDA ITEM -6- April 4, 2000 (Alternative Actions Continued) 3. If the trees are not to be removed, approve the agreement for the City assuming the cost of an interim two-year program of preventive maintenance of the trees, including liability claims from damage caused by said trees, with modifications. 4. Continue the item for further information. By Motion: A. City Council to make a determination of whether the subject trees shall be allowed to be removed. B. If the City Council determines the subject trees are to be retained, by motion, move to approve the attached two-year agreement for Tree Maintenance and Preservation with Sycamore Business Center. Respectfully submitted, Thomas Tomlinson Planning Director Attachments: 1. Tree Maintenance and Preservation Agreement 2. Planning Commission Resolution No. 00-3-14-4 3. Report from City Arborist 4. Location Map C:\OFFiCE\WPWIN\WPDOCS\TREES\SBCCC.AI PC RESOLUTION NO. 00-3-14- 4 TREE REMOVAL APPLICATION- SYCAMORE BUSINESS CENTER A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING A TREE REMOVAL PERMIT FOR 20 RED GUM EUCALYPTUS TREES LOCATED ON THE SOUTHWEST PROPERTY BOUNDARY OF THE SYCAMORE BUSINESS CENTER AT 32236 PASEO ADELANTO. Whereas, the applicant, Mr. and Mrs. Spaulding, owners of the Sycamore Business Center located at 32236 Paseo Adelanto have requested approval of a Tree Removal Permit to allow the removal of 21 mature Red Gum Eucalyptus trees located on the southwest property fine of said business center; and, Whereas, in accordance with the provisions of the Municipal Code regarding Tree Preservation, trees proposed for removal must meet certain provisions before they can be considered for removal by the Planning Commission; and, Whereas, said Section states that..."all efforts have been taken toward tree preservation, rather than removal; and, Whereas, the Environmental Administrator has reviewed the Tree Removal Permit pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and issued a Class # 1 categorical exemption, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and, Whereas, the Planning Commission conducted a duly noticed pubic meeting on March 14, 2000 to consider public testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings: The proposed Tree Removal Permit is to delete 21 Red Gum Eucalyptus trees that have become infested with the Redgum Lerp Pysllid which has no known cure; and, 2. The City's arborist has inspected the trees and recommended that tree #19 be removed and the remaining 20 trees be preserved by the implementation of an injection and fertilization program that will assist the trees in fighting the effects of the infestation for a period of time in order to allow current research to implement a program to eradicate the infestation; and, 3. The subject trees do represent a significant community amenity that should be considered for preservation; and, ATTACHMENT 2 L PC Resolution 00-3-14- 2 March 14, 2000 4. The cost of preserving the trees will place an additional burden upon the property owner above the cost of normal maintenance; and, 5. The trees in their current condition will expire from the infestation of the Redgum Lerp Pysllid unless unusual methods of treatment are implemented and would generally satisfy the criteria for approving their removal and replacement with another species of trees. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby confirms issuance of a categorical exemption and recommends that the City Council confirm the following action regarding the Tree Removal Permit: The City shall enter into an interim two-year agreement and dedication of an easement to assume responsibility for maintaining the trees and the area in their immediate proximity, including liability for damage caused by said trees at the full costs and expense of the City. Said agreement to be reconsidered at the end of its term to determine whether a viable cure has been identified that will eradicate the present infestation by the Planning Commission. 2. If the City fails to enter into said agreement as stated in #1 above, the applicant shall be authorized to remove said trees subject to approval of a replacement planting plan by the Planning Director. 3. That tree # 19 is authorized for removal. PASSED, APPROVED AND ADOPTED this 14th day of March, 2000, by the following vote, to wit: AYES: Commissioners Eggers, Pichler, Neely, Sonka, and Chairman Johnson. NOES: None ABSENT: Commissioner Cohen Ed Johnson, Chairman Thomas Tomlinson, Secretary (C:\OFFICE\WPW IN\WPDOCS\TREES\SBCPCR.W PD) 0 0 Page Z The following observations were made for all of the trees, numbered from west to east: Number Tree Species Trunk Diameter Condition Comments 1 Red Gum 24 inches Good Near Paseo Adelanto 2 Red Gum 20 inches Fair Large bird's nest 3 Red Gum 16 inches Fair 4 Red Gum 16 inches Poor Grows under #5 5 Red Gum 20 inches Fair 6 Red Gum 23 inches Fair 7 Red Gum 22 inches Poor Near small sidewalk 8 Red Gum 24 inches Fair Near small sidewalk 9 Red Gum 16 inches Good 10 Red Gum 15 inches Good smaller tree, competes with #9 11 Red Gum 31 inches Fair 4 feet from parking 12 Red Gum 14 Inches Good 1 foot to parking on north, 3 feet from city sidewalk 13 Red Gum 17 Inches Good Small tree 3 feet from parking wall, 5 feet from city sidewalk 14 Red Gum 25 inches Poor 2 feet from parking wall on north, 2 feet to city sidewalk 15 Red Gum 17 Inches Poor Nest, bad structure, competes with #14 16 Blue Gum 60 Inches Good About 2 feet from 3 -foot high wall between city and private property 17 Red Gum 26 inches Poor 18 Red Gum 25 inches Fair 19 Red Gum 16 inches Poor Topped at 12 foot height, needs removal 20 Red Gum 26 inches Poor 21 Red Gum 17 inches Poor Eucalyptus Evaluation for San Juan Capistrano JAMES BARRY M.S., ENVIRONMENTAL CONSULTING February 15, 2000 • L Page 3 The following estimated treatment costs would likely be required for at least two years. The time -table for treatment depends on the progress of parasitical wasp releases. These parasitical wasps have been imported from Australia to contral the Psy//ids, Estimated Annua/Costs TRUNK INJECTION $2,000 SOIL TREATMENT $1,000 Estimated Cost $3,000 Trees #16 (Blue Gum) and #19 (Red Gum) are not included in the Think Injection, I recommend that # 19 be removed because the tree has been severely topped. This cost can be reduced slightly by eliminating the Soil Treatment Limiting the Trunk Injection to the trees in Poor or Fair Condition would only save about $400. Please let me know if you have any questions or need further information regarding this report. Sincerely, James rry M.S. Certified Arborist #WC -265 Eucalyptus Evaluation for San Juan Capistrano JAMES BARRY M,S., ENVIRONMENTAL CONSULTING February 15, 2000 a P4, c San Juan Capistrano LOCATION MAP PROJECT SITE CA INO LM B BIAS ATTACHMENT 4 Cheryl Johnson From: Tom Tomlinson Sent: Friday, April 14, 2000 4:51 PM To: Cheryl Johnson Subject: RE: Tree Maintenance and Preservatyion Agreement The Spaulding now have the agreements for their signature. -----Original Message ----- From: Cheryl Johnson Sent: Friday, April 14, 2000 10:29 AM To: Tom Tomlinson Subject: Tree Maintenance and Preservatyion Agreement Hi Tom Just checking on the status of this revised agreement. Cheryl 0 0 Cheryl Johnson From: Tom Tomlinson Sent: Friday, April 28, 2000 7:56 AM To: Cheryl Johnson Subject: RE: Spaulding Agreement Talked with Dick Spaulding, their attorney is looking at the wording. Dick said that once they receive his comments that they may need to meet with me. If a significant change is necessary, it will need to be returned to City Council. ----Original Message ----- From: Cheryl Johnson Sent: Thursday, April 27, 2000 12:02 PM To: Tom Tomlinson Subject: Spaulding Agreement Tom Will their Tree Preservation Agreement be coming over any time soon or will it have to go back to Council? Cheryl Af � C 0 Cheryl Johnson From: Cheryl Johnson Sent: Monday, November 27, 2000 10:03 AM To: Tom Tomlinson Subject: Spaulding Tree Agreement You took this on the 20th to get notarized. Status???? Cheryf x6308 Tracking: Recipient Tom Tomlinson 0 Delivery Read Delivered. 11/27/2000 10.03 AM Read. 11/2712000 3'.52 PM 0 0 Cheryl Johnson From: Cheryl Johnson Sent: Thursday, November 30, 2000 11:36 AM To: Tom Tomlinson Subject: Spaulding Tree Agreement Hi Tom John Shaw was pretty anxious to get this recorded. You took this on 11/17 to get notarized by 11/20. Status?????? Do you have a number and want me to call??????? What??????? CheryC x6308 Tracking: Recipient Tom Tomlinson Delivery Read Delivered: 11/30/200011'.36 AM Read. 11/301200012:04 PM 0 0 Cheryl Johnson From: Cheryl Johnson Sent: Tuesday, December 05, 2000 8:47 AM To: Tom Tomlinson Subject: Spaulding Tree Agreement Hi Tom John Shaw was pretty anxious to get this recorded. You took this on 11/17 to get notarized by 11/20. Status?????? Do you have a number and want me to call??????? What??????? CheryC x6308 Tracking: Recipient Delivery Tom Tomlinson Delivered: 12/5/2000 8:47 AM jo 0 Cheryl Johnson From: Tom Tomlinson Sent: Thursday, December 07, 2000 3:27 PM To: Amy Amirani Cc: Cheryl Johnson Subject: RE: Spaulding Trees E The agreement is almost complete. Thought I had it done a few weeks ago, celebrated to early. Signatures are being notarized and will be transmitted to City possibly by tomorrow ( discussion with Dick Spaulding today). The agreement will outline the responsibilities of each party. I am forwarding this response to the City Clerk so that she will provide you with an executed copy of the agreement. ----Original Message— --- From: Amy Amirani Sent: Thursday, December 07, 2000 3:18 PM To: Tom Tomlinson Subject: FW: Spaulding Trees what if anything do you know about this item below? amy -----Original Message ----- From: Bill Ramsey Sent: Wednesday, December 06, 2000 4:07 PM To: Amy Amirani Cc: Tom Tomlinson Subject: RE: Spaulding Trees No. However, Tom T. had some involvement and would be a good source of information on this case. -----Original Message ----- From: Amy Amirani Sent: Wednesday, December 06, 2000 3:27 PM To: Bill Ramsey Subject: FW: Spaulding Trees M was the spaulding tree item yours? do you have a contract or any information on this. amy -----Original Message ----- From: David Hubler Sent: Wednesday, December 06, 2000 3:22 PM To: Amy Amirani Cc: Jack Galaviz Subject: RE: Spaulding Trees Amy I had the chance to meet up with Mr. Dick Spaulding as you requested, he has the impression that the agreement with the city for the maint. to the Eucalyptus trees has been finalized. His understanding is that the city will be responsible for the following items: 1)Treatment for all insects which are in threat of killing or harming the tree in any way.(i.e. red gum lerp psyllid, tortoise beetle, etc...) 2)AII trimming needs to arborist standards to prevent any property damage or personal liabilty to him or any other person while on his premises. 3)Regular inspections by a certified arborist. His responsiblities would consist of the following: 1)Regular watering to maintain optimum health and growth to prevent any stress that could be a detriment to the trees. Mr. Spaulding would also 110he city to consider the removal of a selecow trees to alleviate the trees from competeing against each other for growth space he would be willing to replant with another variety of tree. This is all the info. that I am aware of at this time, I will wait to here from you on this matter. David ----Original Message ----- From: Amy Amirani Sent: Thursday, November 30, 2000 4:36 PM To: David Hubler Subject: RE: Spaulding Trees please meet with him and let me know what he wants. amy -----Original Message ----- From: David Hubler Sent: Thursday, November 30, 2000 3:20 PM To: Amy Amirani; lack Galaviz Subject: Spaulding Trees Amy/Jack I received a call today from Dick Spaulding about getting together with me in regards to an agreement that was made with the city and the maint. to the eucalyptus trees between the two properties.) am looking for some direction as to how to proceed with this issue if any. David • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) �rn ber 13,2-000 NeyefftbeH6, 2000 Clerk -Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN GREINER WYATT HART DAVID M. SWERDLIN C1TY MANAGER GEORGE SCARBOROUGH Recorded in official Records, County of Orange Gary Granville, Clerk -Recorder 111111111111111111111111111111111111111111111111111111N0 FEE 200100057021 t51am 01104101 110 67 A72 7 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Re: Tree Maintenance and Preservation Agreement (Spaulding) Gentlemen: The following document is enclosed for recordation: A Tree Maintenance and Preservation Agreement which grants the City an easement to conduct maintenance operations on eucalyptus trees infected wtih the Red Gum Lerp Psyllid. When placed of record, please return said document to this office. Please stamp Document Number and date of recording on this letter and return it, as the conformed copy, to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, r�J`Sy� Irk' Cheryl Johnson N`: O City Clerk p cia NO Document Number Enclosure Date ORUO USE IS San Juan Capistrano: Preserving the Past to Enhance the Future SPAULDING PROPERTIES Sycamore Business Park May 29, 2001 Honorable Wyatt Hart, Mayor and City Council Members 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Ladies & Gentlemen, jTOb On September 8,1999 Spaulding Properties submitted an application for a tree removal permit. The basis for the application was that these trees had become infected with lerps. On October 6,1999 the city approved for removal trees 22 — 49 on the application. Trees 1 — 21 were excluded even though they were equally infected with lerps. On April 4, 2000 the City Council met and expressed a desire to make an attempt to save 20 of the remaining trees on the application, On or about April 17, 2000 Tom Tomlinson delivered a Tree Maintenance and Preservation Agreement to our office. On November 14, 2000 Colleen Campbell signed the Tree Maintenance and Preservation Agreement for a one-year period starting April 4, 2000. To date the trees are still infected and causing damage to personal property and the business park. We are requesting the following: 1. A detail report of all treatments made between April 4, 2000 and April 4, 2001, 2. A copy of the evaluation outlined in Section two (2) of the Tree Maintenance and Preservation Agreement (see attached) I as 3. Copy of the Liability Insurance mentioned in section five (5) Seeing the Tree Maintenance and Preservation Agreement ended April 4, 2001. We are requesting tree, all above information be in our receipt no later than June 29, 2001. We want to come to some long - the it term resolution on this matter. fatal E release ly have as Dick Spauldin infestatio Spaulding Properties approCc: George Scarborough, City Manager kiw�� available o� Munpal "xrce,'Vmvf I1i091fj0 MAY 3 0 SPAULDING PROPERTIES Sycamore Business Park May 29, 2001 Honorable Wyatt Hart, Mayor and City Council Members 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Ladies & Gentlemen, SHOD) cA, all r�C�fXO�� 4�N�' 4- On September 8,1999 Spaulding Properties submitted an application for a tree removal permit. The basis for the application was that these trees had become infected with lerps. On October 6,1999 the city approved for removal trees 22 — 49 on the application. Trees 1 — 21 were excluded even though they were equally infected with lerps. On April 4, 2000 the City Council met and expressed a desire to make an attempt to save 20 of the remaining trees on the application. On or about April 17, 2000 Tom Tomlinson delivered a Tree Maintenance and Preservation Agreement to our office. On November 14, 2000 Colleen Campbell signed the Tree Maintenance and Preservation Agreement for a one-year period starting April 4, 2000. To date the trees are still infected and causing damage to personal property and the business park. We are requesting the following: 1. A detail report of all treatments made between April 4, 2000 and April 4, 2001. 2. A copy of the evaluation outlined in Section two (2) of the Tree Maintenance and Preservation Agreement (see attached) 3. Copy of the Liability Insurance mentioned in section five (5) Seeing the Tree Maintenance and Preservation Agreement ended April 4, 2001. We are requesting all above information be in our receipt no later than June 29, 2001. We want to come to some long- term resolution on this matter. ly� Dick Spaulding' Spaulding Properties Cc: George Scarborough, City Manager MAY 3 0 2001 rof ty r C • U�C o F' RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: r` City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 C /I"/ & ,yl -C. af, 1,0.0160 TREE MAINTENANCE AND PRESERVATION AGREEMENT (Assessor's Parcel Nos. 668-101-19 and 20, County of Orange) This Tree Maintenance and Preservation Agreement is entered into this/ -t day of I � , 2000, by and between the City of San Juan Capistrano (hereinafter "City") brid G. Richard and Pamela J. Spaulding (hereinafter "Property Owner'). RECITALS: WHEREAS, Property Owner has requested City permission to remove 21 eucalyptus trees located along the southern boundary of the property known as Sycamore Business Center, 32236 through 32244 Paseo Adelanto, San Juan Capistrano, on certain real property depicted on the site plan, attached as Exhibit "A", and incorporated herein by reference; and, WHEREAS, said trees are infested with the Red Gum Lerp Psyllid, a disease that as of this date does not have a locally available cure; and, WHEREAS, said trees may die if extraordinary a ions to intervene and treat said trees with a periodic injection of a prescribed insecticide that although will not fully arrest the infestation has been demonstrated to assist eucalyptus trees in fighting the possible fatal effects of the Red Gum Lerp Psyllid for an interim period of time; and, WHEREAS, the State of California is presently evaluating natural methods that if released into the California environment could arrest the infestation and if found not to have a secondary impact upon the California environment will in the long-term remove the infestation of the Red Gum Lerp Psyllid; and, WHEREAS, it is estimated that the State of California's evaluation will take approximately eighteen to twenty-four months before it is known whether a cure will be available to arrest this type of infestation; and, WHEREAS, the City through its General Plan and Tree Preservation provisions of the Municipal Code have established goals and policies that are designed to encourage c/myGlcs/agrvromcnls/'I recMaintonanca.agr -1- - II/09/00 Y 0 9 the preservation of trees due to their presence in creating an important community asset in framing the visible quality of life of San Juan Capistrano; and, WHEREAS, the City, through previous actions by both the Planning Commission and City Council, has determined that these trees contribute to this community aesthetic value; and, WHEREAS, the City Council recognizes that, in order to protectthese trees, a costly maintenance program will be required that is above that generally associated with the standard maintenance required of these trees, and, since it is determined that said trees are considered a community asset and therefore these preservation efforts and its related cost should be funded by the City; NOW, THEREFORE, BE IT MUTUALLY RESOLVED BETWEEN PROPERTY OWNER AND CITY AS FOLLOWS: Section 1. Grant of Access Easement (Interim). Property Owner hereby grants to City a license for the purpose of allowing City to conduct maintenance operations for said eucalyptus trees located along the southerly parcel boundary, as more particularly set forth in Exhibit "A". Said maintenance shall include injections of trees with a prescribed insecticide, annual tree trimming, and removal of tree droppings including leaves and branches in an area fifty feet (50) wide as measured from said property line as set forth in Exhibit "A", at City's cost. Section 2. Term of Agreement. This Agreement shall remain in full force and effect for a period of one (1) year from its date of execution, with a possible one (1) year extension upon mutual agreement of both parties. Said agreement to continue this agreement beyond the initial provisions of this section shall be by mutual consent of the City and Property Owner. Prior to the expiration of the agreement, the City shall conduct an evaluation on the status of methods that are then available to cure the continued infestation of the Red Gum Lerp Psyllid. Section 3. Agreement Runs With the Land This Agreement shall run with the land and bind all Property Owner's successors and assigns for the period said agreement and any mutually accepted extensions are in effect. Section 4. Indemnity. City shall indemnify and save Property Owner harmless from and against all claims, losses, demands, loss or liability of any kind arising out of City's effort to maintain and Omryliles/agmemunu/l' feeMalnlenailce.agr -2- 1 1/09/00 strengthen the subject trees. City shall not be liable for any damages arising from causes separate and distinct from the City's efforts to save the trees. Section 5. Insurance. The City maintains liability insurance in the amounts of not less than two million dollars ($2,000,000.00) with the Southern California Joint Powers Insurance Authority ("SCJPIA"). City agrees to maintain its SCJPIA insurance coverage during the term of this Agreement. Section 6. Notices. Any notices required to be given under this Agreement shall be sent first-class mail to: City: George Scarborough, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Property Owner: G. Richard and Pamela J. Spaulding P.O. Box 1268 San Juan Capistrano, CA 92693 Section 7. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof, c./my files/agrcmncnts/FreeMain lenance.agr -3- MOM() 9 0 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO, a municipal c4oration Mayor ATTEST: 1 l By: Cheryl JohnsorS Ci Jerk APPROVE AS TO FORM: By: \\ John R. ha , City Attorney By: R7ard Spaulding Pamela J. c7nrylilcs/agrccnicnlsllTecMaiolenarnce.agr -4- L//j/-k-0 II/09/00 t yr. P.lo ijGl.