HomeMy WebLinkAbout1999-05-17; Parks & Recreation Commission; 599-3; Hold Harmless: Trees - Charleen Cir & Seacrest Drc
AB# 599-3 TITLE :
MTG. DATE: 5-17-99 HOLD HARMLESS AGREEMENT / TREE
DEPT. PW / PARKS REMOVAL ON CHARLEEN CIRCLE AND
DIV. ENG SEACREST DRIVE
STAFF: DUNCANSON
INFO
ACTION
RECOMMENDED ACTION :
Consider staff report and citizen input regarding street trees located within the City right-of-way
and make recommendation as to their disposition.
ITEM EXPLANATION :
At the January 18, 1999 Parks and Recreation Commission meeting, the issue of street trees on
Charleen Circle and SeaCrest Drive and their relationship to street improvements was discussed.
These roadways have been determined to be in need of repair, especially the curb and gutter as
well as major portions of the streets.
The direction of the Commission at the January Leeting, was to refer this item back to staff, to
work out a Hold Harmless Agreement and to get each of the homeowners to sign (refer to Exhibit
# I , minutes). To that extent, staff of Engineering, Sanitation, Parks, Risk Management and the
Attorney’s office have met. A new, more comprehensive Hold Harmless Agreement was
subsequently developed (refer to Exhibit # 2). This agreement was mailed to the homeowners
via certified mail and asked for a signed response. To date, one (1) signed agreement has been
received.
Since the mailing of the Hold Harmless Agreements (April 27, 1999), the Parks and Recreation
Commission has received correspondence from the residents (refer to Exhibit # 3) asking that
they not return these agreements until the Parks and Recreation Commission can consider their
concerns and other issues.
Staff will give a report to the Commission reviewing the issues. Public input from residents is
anticipated.
EXHl BITS:
1. Minutes of January 18, 1999 Parks and Recreation Commission meeting.
2. Hold Harmless Agreement
3. Letters of inquiry from residents.
020
t Minutes of: PARKS AND RECREATION COMMISSION
Time of Meeting: 530 P.M.
Date of Meeting: January 18,1999
Place of Meeting: City Council Chambers
CALL TO ORDER
Chairperson Richards called the Regular Meeting to order at 5:30 p.m.
ROLL CALL
Present:
Absent: Commissioner Cox
Chairperson Richards, Commissioners Davidson, Baker, Cunningham,
Schulberg, and Pieratt
Staff Members Present :
Ken Price, Recreation and Park Planning Manager
Keith Beverly, Senior Management Analyst
Mark Steyaert, Park Development Coordinator ~ Doug Duncanson, Park Superintendent
Robin Bettin, Recreation Supervisor II
Walter Brown, Principal Civil Engineer
Fred Burnell, Park Supervisor
Tony Reynolds, Consultant Project Manager
ANNOUNCEMENTS
Keith Beverly, Senior Management Analyst, announced the resignation of Administrative
Secretary, Pam Alm.
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APPROVAL OF MINUTES t
ACTION: On motion by Commissioner Pieratt, the Minutes of the
Regular Meeting held on December 14, 1998, were approved
as printed.
Chairperson Richards, Commissioners Davidson, Baker, Cunningham,
Schulberg, and Pieratt
AYES:
NOES: None
ABSTAIN: None
ABSENT: Commissioner Cox
PRESENTATIONS
None.
PUBLIC OPEN FORUM
None.
021 EXHIBIT 1
* Parks and Recreation Commission -2- - January 18,1999
F APPROVAL OF AGENDA
ACTION:
AYES:
NOES: None
ABSTAIN: None
ABSENT: Commissioner Cox
On motion by Commissioner Baker, the Agenda for January 18, 1999
was approved .
Chairperson Richards, Commissioners Davidson, Baker, Cunningham,
Schulberg, and Pieratt
Commissioner Cox arrived at 5:37 p.m.
CONSENT CALENDAR
1. AB# 199-1 COMMISSIONER’S REPORT
To accept and file the Commissioner’s Report for January 1999.
2. AB #199-2 RECEIPT OF DONATION
To receive a donation of $500 for the Opportunity Grants Scholarship Program.
3. AB #199-3 RECEIPT OF DONATION I To receive $6,000 in donations of product and/or in kind services for the 1998 Fall Festival.
4. AB #199-4 RECEIPT OF DONATION - To receive $9,210 in donations of cash/or product in support of the Youth Basketball
Program.
5. AB #199-5 RECEIPT OF DONATION (.
To receive $251 in cash donations in support of the Carrillo Ranch Trust Fund
ACTION: On motion by Commissioner Baker, AB #199-1, AB #199-2, AB #199-3,
AB #199-4, and AB #199-5 of the Consent Calendar for January 18, 1999
were approved.
Chairperson Richards, Commissioners Davidson, Baker, Cunningham,
Schulberg, Cox, and Pieratt
AYES:
NOES: None
ABSTAIN: None
ABSENT: None
PUBLIC HEARINGS
None.
DEPARTMENTAL REPORTS
CHARLEEN CIRCLE)
6. AB #199-6 STREET TREE REMOVAUREQUEST TO RETAIN (SEACREST DRIVE AND
Doug Duncanson, Park Superintendent, gave the staff presentation on this item. He explained
that a replacement of the curb and gutter as well as major street improvements were scheduled
due to damage created by the trees on Seacrest Drive and Charleen Circle. He expressed
staffs concern about root pruning and how it would weaken the trees’ ability to survive. Mr.
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. Parks and Recreation Commission -3- - January 18,1999 - Duncanson added that staff was concerned about safety and as a result asked each of the
homeowners to sign a Hold Harmless Agreement.
He showed slides of the trees on both streets, and pointed out the areas where damage was
caused by the trees. He explained that the damage created problems for people walking and
jogging, and also for the street sweeper. He also mentioned that the storm drain on the street
was a problem because leaves and dirt got into the storm drain since the street sweeper could
not sweep the street. Mr. Duncanson stated that the fire hydrant could be impacted in the future
as well.
He added that the trees on Seacrest were further back from the curb but were still a problem.
He stated that SDG&E cut the trees back to keep them away from the wires.
Walter Brown, Principal Civil Engineer, stated that the Carlsbad Municipal Water District did
root cleaning in the sewers and asked the City to replace the sewers on the streets. He
mentioned that if the sewers were not replaced, there would be blockups in the homes and
public streets. He added that he would love to save the trees but regretted that cutting down the
trees was the only safe solution. Mr. Brown mentioned that the City asked the homeowners to
sign Hold Harmless Agreements but only a few agreed to sign them.
Questions and discussion included the following issues:
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Whether there was a tree where a homeowner signed a Hold Harmless Agreement but the
tree still had to be removed
Feasibility of roots being trimmed and root barriers installed
How much had to be removed to make the trees safe
Reasons for replacement of the curb and gutter on Charleen Circle
Clarification of what would occur if the homeowners did not sign the Hold Harmless
Agreements
Explanation of what the project involved on Charleen Circle
Minimum requirements for a private driveway
Possibility of the City vacating the street zjnd what was involved
Timing of the last curb replacement on Charleen Circle
Amount of easement and setback from the curb for the properties on Charleen Circle and
Seacrest Drive
Potential species and size of replacement trees and where they would be located on a
homeowner's property
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Bob Edie, 3400 Seacrest Drive, Carlsbad, explained that the trees cover up the power lines
around his house but they allow him to look through to the ocean view. He mentioned that the
trees sat 8' back from the gutter on Seacrest Drive and that he was not convinced that the City
needed to cut 40% of the trees. He added that he believed there was no risk for the trees on his
particular property.
Mr. Edie stated that he showed his insurance company the Hold Harmless Agreement and his
insurance company recommended that he did not sign it. He added that the sewer was made of
old clay pipe and that he did not have any problems with the sewer line to his house but did
have a problem with the street sewer line.
Mr. Edie stated that the tree did serve a value to him and that he believed his property value
would decrease if the power lines were in full view. He added that he did not think the trees
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* Parks and Recreation Commission -4- - January 18,1999
- would fall down if the roots were trimmed, and unlike Charleen Circle, the trees on Seacrest
Drive were not up against the curb.
Donald Dewhurst, 3425 Seacrest Drive, Carlsbad, stated that he purchased his home over 25
years ago on Seacrest Drive and a main influence in his purchase were the trees. He stated
that the trees added significant value to the property and that they were not much smaller than
they are now. He added that he never had a problem with them and that the trees did not get
into the wires unless they were not trimmed for a long period of time..
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Mr. Dewhurst stated that the last street repairs were done over 10 years ago and were minimal.
He suggested that a different type of street section could be considered as a possible option
and mentioned that he spoke with landscapers who told him that the trees were in high
demand. He added that he was willing to sign a Hold Harmless Agreement if details of the
sewer could be worked out.
Dwight Vallely, 2027 Charleen Circle, Carlsbad, stated that there was a uniqueness of the trees
and that he could only recall once when there the trees were root pruned. He stated that the
trees survived the storms last year without any problems. He mentioned that he thought the
Hold Harmless Agreement was not defined very clearly with regard to the sewers, and indicated
that he felt that the City should take a conservative approach to resolving the issue of the trees.
In response to a query by Chairman Richards, Mr. Vallely indicated that vacating the streets,
curb and entry might be a consideration. - Ruth E. Wheeler, 2031 Charleen Circle, Carlsbad, explained why she did not sign the Hold
Harmless Agreement. She indicated that she was concerned as to whether the Hold Harmless
Agreement would carry over to a new owner. She mentioned that the street on Charleen Circle
was never completely repaired in the 15 years that she lived in her house. She stated that the
storm drain was not a problem and explained what had been done to the trees in the past.
Mrs. Wheeler explained that she felt the City should shoulder the responsibility of the street
since no maintenance was done in 15 years, and added that the sewers, made of clay pipe,
never backed up. She added that if the Hold Harmless Agreement was the only way to keep the
trees, she would agree to sign it but she did not think this was the case.
In response to a query by Commissioner Baker regarding financial responsibility, Mrs. Wheeler
explained that she was concerned with what would happen if a person sold hidher property,
and the effect it would have on the Hold Harmless Agreement. Since the Risk Manager was
not available, staff was not able to respond to Mrs. Wheeler’s query. Mrs. Wheeler also
mentioned that when the City repaved the curbs, room should be left around the trees to
preserve a certain amount of roots.
In response to a query by Chairman Richards regarding Mrs. Wheeler’s position on the City
vacating the street, Mrs. Wheeler responded that she felt it was a cop out on the part of the City
to ask the homeowners to pay for services that she pays taxes for.
In response to Commissioner Baker’s query of what the people on the street would be willing to
do to keep the trees, since the City had certain responsibilities to the public, Mrs. Wheeler
responded that all streets need maintenance and that the cost of cutting down a tree is
probably more expensive than maintaining the tree. Commissioner Baker clarified that the
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Parks and Recreation Commission -5- - January 18,1999
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streets were being repaired more often because of the trees, and Mrs. Wheeler replied that the
trees were also providing something truly beautiful and as well as increased property values.
Gordon Baker, 2035 Charleen Circle, indicated that the trees were planted in 1967 and that
they were maintained only once in 41 years. He stated the trees were pruned approximately
12-13 years ago but that the tops were not trimmed at the time. He added that the trees were
not damaged.
Mr. Baker explained that his sewer was repaired in 1979-1 981. He told the Commissioners that
it was repaired three times and outlined what was done by the City. He added that there have
been no more problems with the sewer since the last repairs were completed.
Mr. Baker mentioned that he was advised by the homeowner policy holder not to sign the Hold
Harmless Agreement and explained what would happen if the tree fell down and damaged his
property vs. if the tree fell down and did not damage the property. He referred to the contents of
the letter he sent to the City, which was included in the Commissioner’s packets for the
evening.
In response to Commissioner’s Cunningham’s query regarding the size of the property and
whether someone can pull into his driveway and $11 be off the road, Mr. Baker responded that
the person would be off the easement as well. He pointed out that the new trees would be
placed on a homeowner’s property, which he felt was not necessary.
Greg Wheeler, 2031 Charleen Circle, Carlsbad, mentioned that the street was a very special
place to live. He stated that only one repair job was done in 40 years. He mentioned that
according to Gordon Baker, there was a way to cut down the roots and put in a barrier. Mr.
Wheeler added that there were no sewer problems.
He stated that the Hold Harmless Agreement scared the homeowners and that he did not think
it was fair to require them to sign the agreement. He mentioned that most people bought homes
because of the trees which he felt added a upique value to the homes. He said that there was
no lawsuit against the street in 40 years and that the street was a limited use street. Mr.
Wheeler added that he felt that he should be able to work with the City on the street without
making the homeowners buy the street since he paid his taxes like everyone else.
He pointed out that the one descending vote was by an absentee-owner who never lived on the
street.
In response to a query by Commissioner Schulberg regarding the City vacating the tree if the
trees could stay in, Mr. Wheeler replied that money was the issue and that he felt it was unfair
to the homeowners to make them responsible for the street trees
Further questions and discussion included the following issues:
Potential damage and risks of leaving the trees and root pruning
Amount of setback of the new trees on the property of the homeowners
Clarification of the sewer issue
Explanation of the reasons for the request by the Carlsbad Municipal Water District to
remove the sewers
Makeup of the streets
What could happen if the City vacated the street
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- Parks and Recreation Commission -6- - January 18, 1999
.t 0 Bio barriers and their effectiveness
Condition of trees on Donna Drive
t, Comparison of the Hold Harmless Agreement presented to Seacrest Drive and Charleen
Circle residents vs. the Hold Harmless Agreement signed by Donna Drive residents
Lack of maintenance on the trees in the past
Recommendation to plant new trees to start a new life cycle
Concern about lumping the issues of Charleen Circle with Seacrest Drive
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0 Additional legal advice required
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ACTION: On motion by Commissioner Pieratt, AB #199-6, to send the item back to
staff to work on a Hold Harmless Agreement to accomplish what needed
to be done for root pruning and get each of the homeowners to sign a
Hold Harmless Agreement for both Seacrest Drive and Charleen Circle.
Chairperson Richards, Commissioners Davidson, Baker, Cunningham,
Schulberg, Cox, and Pieratt
AYES:
NOES: None
ABSTAIN: None
ABSENT: None
Chairman Richards called a break at 7:15 p.m. The Commission reconvened at 7:20 p.m.
7. A?
Keith Beverly presented the staff report on this item. He explained the ongoing issue and
explained that staff evaluated the type of fields and other amenities for the parksites and
wanted buy-in from the Parks and Recreation Commission.
COMMITTEE ASSISTANCE -
ACTION: On motion by Commissioner Schulberg, to approve AB #I 99-7, and
appoint Commissioners Baker, Pieratt, and Davidson to a committee to
assist with the establishment of Parksite Amenity Goals and Guidelines.
Chairperson Richards,,Commissioners Davidson, Baker, Cunningham,
Schulberg, Cox, and Pieratt
AYES:
NOES: None
ABSTAIN: None
ABSENT: None
8. AB #199-8 CALIFORNIA PARKS AND RECREATION SOCIETY DISTRICT XI1 AWARDS
AND INSTALLATION BANQUET
Ken Price, Recreation and Park Manager, gave the staff report on this item. He explained that
an award banquet was scheduled for February 5, 1999 by the California Parks and Recreation
Society District XI1 and invited the commissioners to attend the banquet with their spouses.
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ACTION:
AYES:
NOES: None
ABSTAIN: None
ABSENT: None
On motion by Cornmissioner Pieratt, to approve AB #199-8, to accept
and file the staff report.
Chairperson Richards, Commissioners Davidson, Baker, Cunningham,
Schulberg, Cox, and Pieratt
026
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April 27, 1999
Barry R Cooper
3375 Seacrest Dr
Carlsbad, CA 92008
CHARLEEN CIRCLE AND SEACREST DRIVE STREET TREES
Dear Barry R Cooper:
The City is planning to reconstruct Charleen Circle and Seacrest Drive. This work is needed to
repair damage caused by the roots of the large trees along the streets.
Enclosed is a Hold Harmless Agreement. This Agreement has been revised from the original
document sent to you on December 8, 1998, based on concerns raised at the Recreation and
Parks Commission meeting on January 18, 1999. Please review the enclosed Agreement, sign
it and have it notarized, and return it in the enclosed envelope within 10 days of receipt of this
letter. If you signed the original Agreement, it will be returned to you upon our receipt of the
signed, revised Agreement. Should you elect not to sign and return the Agreement, the street
construction plans will show the removal of the trees adjacent to your property.
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A public hearing on this matter is scheduled by the Recreation and Parks Commission
on May 17, 1999. The meeting will convene at 5:30 p.m. in the City Council Chambers at
1200 Carlsbad Village Drive.
Sincerely,
A!mpL+ WALTER H. ROWN, P.E.
Principal Civil Engineer
Enclosures
C: City Attorney
Risk Manager
Traffic Engineer
Park Superintendent, Doug Duncanson
Carlsbad Municipal Water District
027 EXHIBIT 2
__
2075 Las Palmas Dr. Carlsbad, CA 92009-1576 (760) 438-1 161 - FAX (760) 431-5769 @
, ,+- RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
HOLD HARMLESS AGREEMENT
THIS AGREEMENT is made and entered into as of the day of I 19-1 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and
Barry R Cooper hereinafter referred to as "Owner", being the owner@) of the real property located at 3375
Seacrest Dr, Carlsbad, California also being assessor's parcel number 167 054 06 00 hereinafter referred
to as "Property".
Owner understands that City plans to remove and replace, repair and restore various portions of the street
that may including curb and gutter, street surfacing, street structural section, sewer and drainage facilities
fronting Property. Owner agrees that the roots of the tree(s) located within City street right-of-way fronting
Property have caused damage to the street and utility facilities. City has informed Owner that:
0 the construction activities needed to repair the street will damage the tree(s).
the best course of action is for City to remove the tree@).
City wishes to remove the tree@) and is willing to plant new one new tree on the Property to replace
each tree removed.
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Owner wishes to preserve the existing tree(s). When Owner suggested that City could leave the trees in
place and conduct only minimal root pruning City informed Owner that:
the construction activities needed to repair the street will necessitate trimming and removing a portion
of the roots and canopy of said tree@).
0 the trimming and removing a portion of the roots and canopy of said tree@) will be extensive and will
involve up to thirty percent of the tree@) root structure and up to forty percent of the tree(s) canopy.
0 trimming and removing a portion of the roots and canopy of the tree@) will reduce the strength and
health of the tree@).
0 the reduction in the strength and health of the tree@) may result in all , or portions, of the tree(s) falling
and/or death of the tree@).
0 this root trimming and removal of the roots and canopy could diminish the stability of the tree(s).
0 there is the possibility that the tree@) or its branches may fall down sometime after this trimming and
removal of the roots and canopy and possibly damage the property of, or cause personal injuries to,
Owner, Owner's guests and/or Owner's tenants.
because of the heightened possibility that the tree@) may fall and the resultant liability City is not willing
to trim and remove a portion of the roots and canopy of the tree(s) unless Owner:
agrees to accept liability for any and all damage to Owner's property, personal injuries to Owner
and personal and property damage to Owner's guests and/or Owner's tenants that may hereinafter
occur that is attributable to, caused by or arises from the trimming and removal of the roots and
canopy of the trees;
waives any and all rights to make a claim for any personal injuries or property loss or damage that
may hereinafter accrue against City, members of its Council or Commissions, its officials,
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028 (3/23/99)
v- employees and agents, arising from or attributable to the trimming and removal of the roots and
canopy of the trees
agrees to hold City harmless and not responsible for any personal injuries or damage to the
property of the Owner, Owner’s guests and/or Owner’s tenants in the event that the trees or
branches thereof fall down, or otherwise cause damage, due to the trimming and removal of the
roots and canopy of the trees as described herein.
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Owner wishes to preserve the existing tree(s) fronting the Property. In order to try to save the street tree(@
located within City right-of-way and allow for the reconstruction of street and utility facilities fronting
property Owner consents and agrees to assume any and all risks of damage to Owner, Owner‘s guests
and/or Owner’s tenants property, or personal injuries to Owner, Owner’s guests and/or Owner’s tenants,
that may hereinafter occur that is attributable to, caused by or arises from the trimming and removal of the
roots and canopy of the trees; Owner waives any and all rights to make a claim for any personal injuries or
property loss or damage that may hereinafter accrue against City, members of its Council or Commissions,
its officials, employees and agents, arising from or attributable to the trimming and removal of the roots
and canopy of the tree(s), and further agrees to hold City harmless and not responsible for any personal
injuries or damage to the property of the Owner, Owner’s guests and/or Owner’s tenants in the event that
the tree@) or branches thereof fall down due to the trimming and removal of the roots and canopy as
described herein.
( I ) ( we ) hereby certify that (I ) ( we ) are the pwners of the property located at the address first
mentioned above and that ( I ) ( we ) have read this document and that (I ) ( we ) understand and agree
with its content.
Executed by Owner this day of ,A9 * -
OWNER: CITY OF CARLSBAD, a municipal
corporation of the State of California
(name of Owner) By:
By:
City Manager or Mayor
(sign here) ATTEST:
(name of Owner)
By: City Clerk
ALETHA L. RAUTENKRANZ
(sign here)
(Proper notarial acknowledgment of execution by Owner must be attached.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: Assistant City Attorney
(3/23/99) 029
April 23, 1999
Parks and Recreation Commission
1200 Carlsbad Village Drive
Carlsbad, CA 92008
re: Street trees Charleen Circle
We, property owners on Charleen Circle, respectfully request an extension of the time
limit for signing the revised Hold Harmless Agreement.
The agreement is dated March 23, but was not mailed until April 13. The cover letter
requests “sign it and have it notarized, and return it in the enclosed envelope within 10
days of receipt of this letter.’’
We request that the deadline be extended until after the Commission hearing on May
17 and following any further revisions which are made as a result of that meeting.
We realize the urgency of getting this matter settled soon so as not to delay the project
more than has already occurred. We, too, are anxious to get the planning completed
so that the project can go out to bid and the work can be started.
- Signature Print Name Address
EXHIBIT 3
April 30, 1990
Ikar Parks ant1 Rccrcntioii C‘oni~nittce. ic
.i’his lcttcr is in regards to the trccs on Chilrlccn Cirlcc. This is thc srcct that 1 live
on with niy family. ‘I’he trees rcprcsent the beauty of the street. ‘[‘hey not only give us
great en-ioyment, but add to our property value, as ~vcll as our hcnlth. The city seems to
be more concerned with over-developing Carlsbad instead of maintaining it’s charm.
‘These trees are a landmark in this area. I think the city needs to serve it’s residents better,
The consideration seems to be only for buisness and development in order to gain more
tax dollars. We have paid our sharc and supported the city for niany years and have voted
for many ycars. The city needs to make the right decision and back lip thc citizens. I have
to endure this horrific trat’fic and sometimes circlc the block tivc limes to lint! a parking
spot downtown, I surly would like to come home and enjoy the scenery of our sreet.
With the benefits of’ all the tax reccnuc this city has secn, and uonsrdcring how 1111s has -
impacted the long tern1 citizens, I do not see why a small portion of it cannot be used to
preserve the beauty of Carlsbad and the lifestyles of some of it’s residents. Thank you.
Sincerely,
Mr. and Mrs. Michael C. Shea
Charleen Circle residents
Betty and Gordon Baker
2035 Charleen Circle
Carlsbad, CA 92008
May 10, 1999
760-729-1 71 3
Parks and Recreation Commission
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Street trees Charleen Circle
When the hearing was held on Jan.18 it was our understanding that the matter of our
street trees was referred back to staff to confer with owners and revise the Hold
Harmless Agreement (HHA). 12 weeks went by without any contact with owners other
than phone calls I made to some of the staff. Then on April 13 a letter was mailed by
Walter Brown containing a new HHA, with a deadline of 10 days to sign and return the
HHA.
The letter did state that another public hearing would <e held on May 17.
Unfortunately we have planned to be on a fami+y visit in Northern California at that
time. We submit this letter for your consideration in place of our oral testimony. (And
we request extension of that deadline until after the May 17 hearing.) - 1. We request a further amendment to the HHA stating that the agreement be in effect
for one year after work begins on the Charleen project. If the trees are damaged
enough to cause serious problems with the trees, that would show up within a year. It
doesn’t seem logical to sign an agreement with no time limit. “Hereinafter” is a long
time.
2. An attorney suggested that if we sign the HHA we should secure an endorsement to
our Homeowners Insurance Policy to cover contractual indemnity. Our insurance
agent made that request, but the insurance company was unwilling to grant such an
endorsement. Should property owners have to bear the full liability in order to prevent
the removal of the trees?
3. We would like some written statement that the City of Carlsbad will continue to be
responsible for regular maintenance of the trees, including the removal of any broken
branches.
4. On Dec. 23 I sent a letter to Tony Reynolds (a copy of which is in your file) in which I
requested a written opinion from the City Attorney to a number of legal issues. I sent
another copy of that letter to the City Attorney on April 12, again asking for a response.
On April 20 his assistant sent a letter in which he stated, “We believe the revisions [of
the HHA} satisfy the concerns of both you and the City.” I responded on April 21,
saying, “Actually the revised Agreement is more severe than the one sent on Dec. 8,
and does not answer any of the questions I have raised. I respectfully request you to
review the Dec. 23 letter again and give some answers to the questions raised.” To
date I have had no response. Is it too much to expect our city officials to make some
I.