1997-0121_TOP NOTCH TREE SERVICE_Hold Harmless Agr• mquiyffl�„i .r
THIS HOLD HARMLESS AGREEMENT is made this 21st day of January, 1997,
by and between the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
(hereinafter called the "Agency") and Mr. Rick Fodor, owner of "Top Notch Tree Service", located
in Dana Point, California (hereinafter called "Fodor").
WITNESSETH:
WHEREAS, Fodor maintains a storage operation for pre-cut firewood, trucks, and
tree -trimming equipment on 1.62 acres of real property identified as Assessor Parcel Number 121-
253-13 within the City of San Juan Capistrano; and
WHEREAS, after a review by staff it appears that the site is suitable for the aforesaid
use and is consistent with the intended land uses established in the City's Land Use Code 9-3.423,
Growth Management District; and
WHEREAS, conditional approval has been granted administratively by the City
Planning Director to use the site under a Temporary Use Permit; and
WHEREAS, staff has determined that access to the site should be limited to a north -
south roadway atop the levee of the Orange County flood control channel and an east -west road
across Agency property; and
follows:
NOW, THEREFORE, it is hereby agreed by and between the parties hereto as
Section 1. AGREEMENT TO USE.
Agency agrees to allow Fodor to use the Agency -owned property to gain access to
the County levee. Such access shall be strictly limited to that section of the property running east -to -
west along the southern -most property he and having a width of fifty feet. It is understood that such
access will be limited to daylight hours ("sunrise to sunset").
Section 2. TEMPORARY USE AND ACCESS.
Fodor agrees that the permitted use, as well as ingress and egress to the site over
Agency -owned property, are temporary and will cease at such time as this agreement expires or is
terminated.
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Hold Harmless Agreement -2- January 21 1997
Section 3 TERMINATION OFAGREEMENT
Agency may, without cause, terminate this agreement at any time. This agreement will
terminate, without compensation, within 72 hours of notice provided to Fodor by the Agency. Notice
of termination of this agreement shall be given in writing to Fodor and shall be considered complete
when same is deposited in the U.S. Mail, First -Class postage prepaid.
Section 4, EXPIRATION OF AGREEMENT
Fodor and the City agree that this Hold Harmless Agreement will expire concurrently
with the expiration date for the attendant Temporary Use Permit.
Fodor aknowledges that the temporary, earthen ramp providing access to the site
across Agency -owned property is unimproved and substandard.
Section b. RESTORATION OF PROPERTY.
Fodor agrees, at the end of the term of approved use, to restore the Agency -owned
property described herein to the same condition it was in prior to his obtaining approval to access the
site. Additionally, Fodor agrees to immediately repair any damage to the property, including but not
limited to erosion, defoliation, or landform alteration, which results from periodic travel across the
site.
Section 7. INSURANCE.
Fodor shall maintain, in full force, general comprehensive liability and property
damage insurance in the sum of ONE MILLION DOLLARS ($1, 000, 000) per occurrence. Fodor
shall provide an endorsement to Agency establishing that Agency has been legally added as an
additional insured.
Fodor agrees to hold the Agency, its elected and appointed officials, employees and
agents, harmless from any claims or liability whatsoever arising out of Fodor's use of Agency owned
land to gain access to the County levee while conducting business on behalf of Top Notch Tree
Service.
Hold Harmless Agreement -3- January 21 1997
Section 9. INDEMNITY
Fodor shall be responsible for all injuries to persons and for damages to real or
personal property of Agency, caused by or resulting from any activity or operation of Top Notch Tree
Service, its employees or its agents during the progress of or connected with the rendition of services
hereunder. Fodor shall defend and hold harmless and indemnify Agency and all officers and employees
of the Agency from all costs and claims for damages to real or personal property or personal injury
to any third party resulting from the activity of itself, employees or its agents.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first above written.
SAN
APPROVED AS TO FORM:
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Richard K. Denhalter �� X97
Agency Counsel
CAWP WIN60\CORRENnTOPNOTCH.HHA
Rick Fodor dba
U AGENCY Top No Tree Se 'ce
By:
Director
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MEMORANDUM
TO: Memo to File
FROM: Dawn M. Schanderl, Deputy City Clerk
DATE: July 15, 1997
SUBJECT: Topnotch Insurance
F
Per conversation this morning with Mary Laub, Management Analyst II, Mary has been informed
by the City Manager's office not to pursue insurance required by contract for Topnotch.
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MEMORANDUM May 13, 1997
TO: Tom Tomlinson, Planning Director
FROM: Mary Laub, Management Analyst II
SUBJECT: Top Notch Tree Services: Contract Insurance Requirements
The CRA has an agreement with Top Notch Tree Services which requires Top Notch to provide
verification of insurance coverage. They are to provide verification of general liability coverage, a
general liability policy endorsement and verification of worker's compensation for all employees
and/or volunteers. Top Notch has not complied with these requirements and should not be
conducting activities under the executed contract until such time as the insurance verifications are in
place. Please contact Top Notch and require them to cease activities until the insurance is in place.
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cc: Cin y Pendleton
awn Schanderl
Douglas Dumhart
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San Juan Capistrano
Community
Redevelopment
Agency
January 24, 1997
Rick Fodor
Top Notch Tree Service
33855 ElEncanto
Dana Point, California 92629
Re: Hold Harmless Agreement
Dear Mr. Fodor:
At their meeting of January 21, 1997, the Sa OcIal I �OVIOLlai IU VUIIIF[ IUI IILy RCUCVCIUIJIIICI IL
Agency Board of Directors approved a Hold Harmless Agreement, as required by your
Temporary Use Permit to store pre-cut firewood, trucks and tree -trimming equipment on
property located north of Stonehill Drive between the levee and the railroad tracks. A fully -
executed copy of the Agreement is enclosed for your files.
The Agreement requires general liability insurance in the amount of $1,000,000 and
endorsement form establishing the Agency as an additional insured. State law requires
Workers Compensation. The Agency has not received the required insurance. I am
enclosing a Liability Endorsement Form for your use in meeting that particular requirement.
Please feel free to contact Dawn Schanderl, Deputy City Clerk at 443-6310, if you have
any questions regarding the insurance requirements.
Very truly yours,
Cheryl Joh on
Agency Secretary
Enclosure
cc: Deputy Director
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714 - 493-1171
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2. RECEIVE AND FILE WARRANTS OF DECEMBER 31 1996 (300.30)
The List of Demands dated December 31, 1996, in the total amount of $7,083.31 was
received and filed.
3. RECEIVE AND FILE CASH BALANCES BY FUND FOR NOVEMBER 1996 (330 50)
The Finance Officer's Report of Cash Fund Balances for the month of November 1996 in the
total amount of $47,001.48 was received and filed.
4. RECEIVE AND FILE FINANCE OFFICER'S REPORT OF INVESTMENTS AS
OF DECEMBER 31. 1996(350.30)
The Finance Officer's Report of Investments as of December 31, 1996, in the total amount
of $1,285,157.54 was received and filed.
1� 5. APPROVAL OF HOLD -HARMLESS AGREEMENT FOR TEMPORARY USE
PERMIT 96-06 FOR ACCESS TO STORAGE SITE ACROSS PROPERTY
OWNED BY COMMUNITY REDEVELOPMENT AGENCY - STONEHILL
DRIVE TOP NOTCH TREE SERVICE) (600.40)
T
As set forth in the Report dated January 21, 1997, from the Deputy Director, the Hold
Harmless Agreement was approved, in satisfaction of Condition 3 of Temporary Use Permit
96-06, between the Agency and Top Notch Tree Service to permit access for the storing of
pre-cut firewood, trucks, and tree -trimming equipment on 1.62 acres of Agency -owned
property located just north of Stonehill Drive. The Executive Director was authorized to
execute the Agreement on behalf of the Agency.
BOARD ACTIONS
None.
CLOSED SESSION (610.85)
The Board recessed to the Council meeting at 8:07 p.m, and reconvened in Closed Session at 8:27
p.m. for:
Conference with Real Property Negotiator per Government Code Section 54956.8 for
property known as Assessor's Parcel Nos. 121-240-020 and 121-240-139, with Tarr as the
negotiating party, to consider price and terms of payment,
2. Conference with Legal Counsel, Existing Litigation, per Government Code Section
54956.9(a), for the case known as McLaughlin, et al v. San Juan Capistrano, et al; and
CRA Minutes -2- 1/21/97
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AGENDA ITEM January 21, 1997
TO: George Scarborough, Executive Director
FROM: Tom Tomlinson, Deputy Director
SUBJECT: Consideration of a Hold Harmless Agreement for Temporary Use Permit (TUP)
96-06, Top Notch Tree Service; for access to a storage site across property owned
by the San Juan Capistrano Community Redevelopment Agency (Stonehill Drive).
RECOMMENDATION
By Motion: approve the Hold Harmless Agreement as required by Condition 3 of Temporary Use
Permit (TUP) 96-06.
SITUATION
A. Applicant
Rick Fodor/Top-Notch Tree Service.
33855 El Encanto
Dana Point, California 92629
B. Summwry and Recommendation
Mr. Rick Fodor, representing Top -Notch Tree Service, has an approved Temporary Use
Permit (TUP 96-06) to store pre-cut firewood, trucks, and tree -trimming equipment on 1.62
acres of property located just north of Stonehill Drive, between the levee and railroad tracks.
The site is designated as APN #121-253-13. The use involves approximately one acre
dedicated to the storage of firewood with the remainder used as a parking area for five large
trucks. As a condition of approval, the applicant was required to secure access to Stonehill
Drive from the Orange County Flood Control District. Due to the topography of the site, it
will also be necessary to use a portion of the Agency's property (Lower Rosan) to comply
with this condition. Access will be limited to a north -south roadway atop the levee of the
Orange County Flood Control channel and a secured easement east -west across Community
Redevelopment Agency property.
Staff recommends that the City Council approve the Hold Harmless agreement, which is a
condition of approval for the proposed project, which would allow access over Agency
property to the Orange County Flood Control access road. (Attachment 1, Draft Hold
Harmless Agreement).
FOR CITY COUNCIL AGEND 8-6
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CC Agenda -2- January 21 1997
C. Back rg ound
The Top Notch Tree Service has maintained a storage operation on this site for the past two
years. Approximately seven months ago, residents in a nearby mobile home park complained
that noise and dust were being produced in the area and they asked City code enforcement
staff to investigate. This revealed the presence of the storage yard and other uses being
conducted on the property. The current use by Top Notch Tree Service represents a use
similar to that permitted under present zoning. After discussions with planning staff regarding
Code compliance, Mr. Fodor presented an application for a Temporary Use Permit which was
approved by the Planning Director on July 19, 1996. All other uses not complying with the
zoning have been discontinued or are in the process of being discontinued from the site.
1. General Plan Designation: "4.1, Quasi -Industrial".
2. Zoning Designation: "GM", "Growth Management".
3. Environmental Processing: The Environmental Administrator has determined that the
project is a ministerial action (Section 15300.1) subject to the approval of the Planning
Director and has issued a Categorical Exemption (Attachment 2, Categorical Exemption).
4. Community Redevelopment Agency: The project is not within the Community
Redevelopment Agency project area. It is adjacent to CRA -owned Lower Rosan Ranch.
The Temporary Use Permit recommends that the applicant utilize a portion of Agency
property to access the OCFCD levee for ingress and egress. This right to access does not
impede the Agency's use or plans for its property. The Hold Harmless Agreement is
revokable at any time with notice.
5. Prior Entitlements:
On March 1, 1994, the City Council approved Capital Improvement Project (CIP)
94-C30, a Mitigated Negative Declaration with conceptual grading and improvement
plans for the construction of an access road (Paseo Alagar) from Stonehill Drive to the
Lower Rosan Ranch site.
On July 19, 1996, the Planning Director administrative approved a Temporary Use Permit
(TUP 96-06), with conditions, to store firewood and tree -trimming equipment on the site.
6. Commission/Board Review: None.
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CC Agenda -3- January 21 1997
E. Issues
Staff analysis focused on issues of right-of-way across property owned by the County of
Orange and the San Juan Capistrano Community Redevelopment Agency.
F. Staff Analysis
The applicant currently maintains legal access to the property via a private easement over the
Southern California Regional Rail Authority (SCRRA) railroad. In light of recent complaints
by local residents regarding noise and dust in the area, planning staff determined that the
applicant should use an alternative method of gaining access to the property.
The most practical option involves routing trucks and equipment north along the access road
atop the Orange County flood control levee and eastward across property owned by the
Community Redevelopment Agency. The applicant will need to obtain permission from both
the County and Agency to access the site. The applicant, through discussion with the County
Flood Control District, has received preliminary approval.
The Temporary Use Permit was granted based on the following conditions of approval:
The applicant's access to the property shall be restricted to use of the Orange County
Flood Control access road and across the Community Redevelopment Agency
property.
2. The applicant shall enter into and/or secure a public property encroachment permit
from the County of Orange for rights to access the flood control levee.
3. The applicant shall enter into a Hold Harmless Agreement with the Community
Redevelopment Agency for rights to use the agency propertyfor access to the levee.
This agreement will be scheduled for Community Redevelopment Agency/City
Council review following notification of adjacent property owners. Applicant shall
coordinate with the Community Redevelopment Agency grading contractor for locks
on the access gates.
4. Access shall be restricted to daylight hours only (sunrise to sunset).
5. All necessary agreements and permits from the City and the County of Orange shall
be obtained as expeditiously as possible, but no later than September 3, 1996
6. This temporary use permit will expire one year from the approval date.
Approval of the agreement would comply with Condition #3 of the TUP Approval.
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CC Agenda -4- January 21, 1997
COMMISSIONBOARD REVIEW AND RECOMMENDATION
None.
FINANCIAL CONSIDERATION
None.
PUBLIC NOTIFICATION
The public notice has been mailed to adjacent property owners pursuant to public notice requirements
of the City Council Policy, Land Use Code Section 9-2.312(c). Copies of the staff report were mailed
to the applicants and their representative.
ALTERNATE ACTIONS
1, Approve the proposed Hold Harmless Agreement for Temporary Use Permit (TUP) 96-06,
Top Notch Tree Service.
2, Deny the proposed Hold Harmless Agreement for Temporary Use Permit (TUP) 96-06, Top
Notch Tree Service.
3, Continue the public meeting to a specific date and direct staff and/or the applicant to provide
additional information on specific issues.
RECOMMENDATION
By Motion: approve the Hold Harmless Agreement referenced in Condition 3 of Temporary Use
Permit (TUP) 96-06.
Respectfully submitted,
(W( (1�1
Thomas Tomlinson
Planning Director C%
JG:hs
Attachments:
Attachment 1, Draft Hold Harmless Agreement
Attachment 2, Categorical Exemption
Prepared by,
John Grace
Assistant Planner
C: \WPW INWCURRENTITOPNOTCH. CCA
0
® se NOTICE OF EXEMPTION
city of san Juan Capistrano, california
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Date Posted: 07-2-5-1(a
Posting Removal: 0$- 25 4 b
(30 days)
1. APPLICANT: Top -Notch Tree Service, Attn. Rick Fodor
2. ADDRESS: 33855 El Encanto, Dana Point, California 92629
3. PHONE NUMBER: (714) 240-2310
4. LEAD AGENCY/PROJECT MGR: City of San Juan CapistranoW_m Grace,
Assistant Planner
5. PROJECT TITLE: Hold Harmless Agreement for Temporary Use Permit (TUP) 96-06,
Top Notch Tree Service.
6. DESCRIPTION: The project consists of a hold harmless agreement to protect the City
from potential liability associated with a private business accessing their site across CRA -
owned property. Top -Notch Tree Service has received conditional approval of a temporary
use permit to store pre-cut firewood, trucks, and tree -trimming equipment on 1.62 acres of
property located just north of Stonehill Drive, between the levee and railroad tracks,
designated as APN #121-253-13. Site access would be limited to a north -south roadway
atop the levee of the Orange County Flood Control District (OCFCD) channel and via a
secured easement east -west across Community Redevelopment Agency property.
ADMINISTRATIVE DETERMINATION: The Planning Department staff have completed a
preliminary review of this project in accordance with the City of San Juan Capistrano's adopted
guidelines for implementing the California Environmental Quality Act (CEQA) of 1970. Based on
that review, the Environmental Administrator finds that the proposed project could not possibly
cause a significant effect on the environment. Therefore, the Environmental Administrator has
determined that further environmental evaluation is not required because:
[ ] The project does not constitute a "project" per CEQA (Section 15378); or,
[ ] The project is ministerial (Section 15300.1); or,
[ ] The project is a declared emergency (Section 15269); or,
[ ] The project is categorically exempt, Class _, <name> (Section 15301-15329).
[ ] The project is statutorily exempt, Section ( Section 15260-15277)
[X] The project could not possibly cause a significant effect on the environment (Section
15061(6)(3)).
- Date: July 25, 1996
William Ramsey, CP, Seniorer
Environmental Coordinator (C:\WPWIN60\CP\TUP9606C.CE)
ATTACHMENT 2