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Home My WebLink About9/25/2023 Item 4b, DubinEXHIBIT A — FINANCIAL HARDSHIP IMPOSED BY PALM TREE MAINTENANCE AT 1250 PALM ST. SLO The last time the palm tree at 1250 Palm was trimmed was on 11-2-19 at a cost of $900 by Coastal Tree Experts, Inc., who were permitted to drive their heavy bucket truck up the neighbor's driveway at 1236 Palm and place their outriggers next to the tree; however such permission was revoked by driveway owner Paul Ready on 9-14-23, due to the decay of the ancient and steep driveway that basically conforms to the terrain of 1250 Palm. Since the center of the tree is 50 feet from the flowline of the nearest concrete curb along Palm Street, it is doubtful that a bucket truck could reach the top of the canopy, nearly 80 feet above its base, from the street. In addition, since the base of the tree is 5 feet above the Palm Street curb flowline, a bucket truck could not traverse the broken curb, gutter and sidewalk to climb 6 feet up a 2 foot high (3:1) slope with a bucket truck without causing significant damage, and the same holds true for my driveway at the east end of my property that also has concrete curb, gutter, thin sidewalks and the same 3:1 slopes to climb up and over. The first 3 bids, shown below, from the Spring of 2023 were based on the bidder's assumption that they would be allowed to drive their bucket truck, which weighs up to 13 tons, up the 1236 Palm neighbor's driveway to trim the tall frond canopy; however this is no longer possible, as previously mentioned and will cost more if bid at all: CONTRACTOR BID DATE REMARKS Coastal Tree Experts, Inc $1 200 3-20-23 Bid based on driving lift truck up neighbor's driveway Bun on Bros. Tree Service $1,375 5-02-23 Bid based on driving lift truck up neighbor's driveway Whits -Turn Tree Care 1 200 5-03-23 Bid based on driving lift truck up neighbor's driveway Coastal Tree Experts, Inc $ 900 11-2-19 Actual invoice for standard pineapple trim, same as above bids Since $1,200 seems to be the norm today, I will be saddled for at least $400 per year for trimming at least every 3 years, plus about $200 per year for a handyman to dispose of dead fronds that fall from wind onto my lawn=$600. SEE ATTACHED 2023 TRIMMING BIDS, LAST PAID TRIMMING INVOICE FROM 2019, AND FALLEN DEBRIS PHOTO XA-1 Coastal Tree Experts, Inc. PO Box 196 1 Morro Bay, California 93443-0196 805-772-7970 1 coastaltreesean@gmail_com www.coastaltreeexpertsslo.com RECIPIENT: Michael Dubin PO Box 5355 San Luis Obispo, California 93403-5355 Phone: (805) 543-4845 SERVICE ADDRESS: 1250 Palm Street San Luis Obispo, California 93401 Trimming Trim large Date Palm Haul debris Coastal Tree Experts, Inc. carries full liability insurance and all employees are covered by Workers' Compensation as required by California Law. This quote is valid for the next 30 days. License #D49-993058 Signature: Date: Sent on Mar 20, 2023 Total $1,200.00 $1,200.00 ,v0Q —2 . on Bunyon Bros. Tree Service 5345 Davenport Creek Road San Luis Obispo, CA 93401 ® Tel:805-547-1903 Fax: 805-544-2071 contact@bunyonbros.com Mike Dubin 1250 Palm St San Luis Obispo, CA 93401 Service Pruning Customer Phone 805-543-4845 Description Customer Fax ' Rep Trim large Palm to 'Y' shape. Remove several walls of fronds. Clean up all debris. i Sales Tax Terms: Payment due on completion Qty ftl Estimate Date Estimate # 5/2/2023 10452 I Job Site j 1250 Palm St-SLO Rate Total 1,375.00 1,375.00 8.75% 0.00 Total $1,375.00 To award this job to Bunyon Bros. Tree Service by the terms above, please Bunyon Bros. Tree Service is not responsible return a signed copy of this estimate to our office and we'll call to schedule for damange to underground utilities, unless the your service at a time that is convenient for you. Any additional work or location is marked, or damage to driveways. change of scope will be added to your invoice on an hourly basis. P:805-547-1903 F:805-544-2071 signature date "Notice to Owner" - Section 7018.5 Contractors License Law Under the Mechanics' Lien Law, any contractor, subcontractor, laborer, material man or other person who helps improve your property is not paid for his labor, service or material, has a right to enforce his claim against your property. Under the law you may protect yourself against such claims by filing, before committing to such work or improvement, an original contract for the work of improvement of modification thereof, in the office of the county recorder where the property is situated and requiring that a contractors payment bond be recorded in such office. Said bond shall be in an amount not less than fifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in full of the claims of all persons furnishing labor, services equipment or materials for the work described in said contract. In addition, any balance on your account which is over thirty (30) days owed by you, will be charged interest at the legal rate of ten percent (101/6) per annum.Please Note: Credit card payments over $1,000 are subject to a 2% credit card fee. XA'3 Please check our license at: Estimate www.esib.ca.gov LIC 984037 Date Estimate # Certified Arborist WE-6345A 5/3/2023 18418 Pest Control Business LIC40304 Whit''s-Turn Treqm Care P.O. Box 1784 Templeton, CA 93465 Phone: 805-434-9630 www.whitstum.com office@whitstum.com Name / Address Customer Phone Project address Mike Dubin 805-543-4945 1250 Palm St San Luis Obispo, CA 93401 Work Description Qty Rate Total 1 Canary Palm to prune. Remove dead and low hanging fronds. 1,200.00 1,200.00 Reduce canopy 60 percent. Chip brush, includes cleanup Not responsible for underground private utilities or irrigation. Stump grindings remain on site unless specified $1,200.00 Total Signature: (I hereby authorize the above described work) Coastal Tree Experts, Inc P.O. Box 196 Morro Bay, CA 93443 coastaltreesean@gmail.com coasts Itreeexpertsslo.com P: (805) 772-7970 F: (805) 771-0168 C: (805) 235-3137 Bill To: Mike Dubin sloplane@yahoo.com 1250 Palm St San Luis Obispo, CA, 93401 (805) 543-4845 Job completed: 11/1/19 Description Trim Date Palm and shape (like a pineapple) Haul debris Paid Please send checks to: PO Box 196 Morro Bay, CA 93443 THANK YOU FOR CHOOSING COASTAL TREE! Sean Ellis X.4 Invoice Invoice No: 1466 Date: 11/02/2019 Amount Subtotal $900.00 TAX 0% $0.00 Total $900.00 Balance Due $900.00 $0.00 1/1 EXHIBIT B — VIDEO AND PHOTOS OF VIRTUAL SPRING FROM SATURATED SOIL DUMPING WATER TOWARD PALM TREE AT 1250 PALM ST. SLO The link to the 3-10-23 video of a virtual underground spring spilling out of one of many gopher tunnels crisscrossing around and possibly under the palm tree NIS w�O throughout the 150` x 40' yard can be viewed at: https://www.youtube.com/watch?v=fNlq3p9CVnw Because the video only lasts only 31 seconds and pans quickly from the spring, to the backyard, to the pond near the palm tree, the following 3 screen shots taken from the video will better illustrate several features that lead to the conclusion that heavy rain can supersaturate the soil around the palm tree and compromise the unusual root system of the palm tree: "Spring Upstream of Palm Tree"-Brezden Pest Control spent last year killing gophers in numerous parallel tunnels, that will remain largely intact a foot or two beneath the surface for years to come, while providing a conduit to outlet subterranean flow from surrounding super -saturated soil toward the palm tree." "'Ponding Over Supersaturated Soil Near Palm Tree"- Standing surface water above X*4 supersaturated soil can be seen under the Rhododendron bush where it is not hidden by thick grass. ""Ponding Exposed 6 feet From Tree Trunk" - The exposed and barren portion of XP.p-3the pond extended to 6 feet from the Palm Tree trunk, but standing water in the grass was also probably over the spindly roots amid supersaturated soil. Typical rainstorms and accompanying wind haven't been much to worry about in the past, but the radical weather changes, witnessed worldwide as the arrival of Climate Change, seem ever increasing, and the safety afforded by foresight is far better than the regret from hindsight. ti �dL. 4 � ! A—i ip it—t i - oa ov� A -A. 1A -- uwm 14 : ll� TI '16 jr q rf, 11 x 6 ..3 9/21/23, 7:24 AM Date: System Date: 09/21/23 10:24:42 AM 09/21/23 PestPac - Location Detail Brezden Pest Control Inc. Billing History Report Page: User: 1 CECE Location Code: Sorted by: [127924) [Date] Name: Filters Used: [Michael Dubin] [ Invoice, Payment, All ] Date Bill -To Invoice Order # Description Amount Balance Trans. Type 06 14 23 127924 474704 Ref# 1486 85.00 0.00 P a&11L23 127924 474704 474704 Monthly service for Gopher 85.00 0.00 I 2& 05 23 127924 471463 Ref# 1472 85.00 0.00 P 05 05 23 127924 475483 475483 FOLLOW UP 0.00 0.00 I 04 28 23 127924 471463 471463 Monthly service for Gopher 85.00 0.00 I 04 13 23 127924 468530 Ref# 1455 85.00 0.00 P 03 30 23 127924 468530 468530 Monthly service for Gopher 85.00 0.00 I 03 17 23 127924 469393 469393 FOLLOW UP 0.00 0.00 I 03/13/23 127924 459732 Ref# 1447 85.00 0.00 P 02/22/23 127924 459732 459732 Monthly service for Gopher 85.00 0.00 I 02 O1 23 127924 466109 466109 FOLLOW UP 0.00 0.00 I 21 27 23 127924 462623 Ref# 1436 85.00 0.00 P 21 23 23 127924 462623 462623 Monthly service for Gopher 85.00 0.00 I 12 01 22 127924 456864 Ref# 1414 85.00 0.00 P 11 30 22 127924 456864 456864 Monthly service for Gopher 85.00 0.00 I it 09 22 127924 453657 Ref# 1403 85.00 0.00 P 10 31 22 127924 453657 453657 Monthly service for Gopher 85.00 0.00 I 09/27/22 127924 450347 Ref# 1392 85.00 0.00 P 09 26 22 127924 450347 450347 Monthly service for Gopher 85.00 0.00 I 08/15/22 127924 444530 444530 Rodent Follow Up 0.00 0.00 I 28 08 22 127924 444529 444529 Rodent Follow Up 0.00 0.00 I 08 02 22 127924 444528 Ref# ************3837 725.00 0.00 P I 08 01 22 127924 444528 444528 Monthly service for Gopher 725.00 0.00 I 07 it 22 127924 443949 443949 Bid for Pest Control 0.00 0.00 I https://app.pestpac.comAor-ation/PrintBillHistory.asp?LocationlD=32906&Sort=Date&BillFilter-B&BiliStartDate=01 /01/2022&BillEndDate=09/21/2023&... 1 /1 EXHIBIT C — ACCESS FOR PALM TREE TRIMMING AT 1250 PALM ST. NO LONGER EXISTS Applicant J. Michael Dubin moved into 1250 Palm Street after being born in San Luis Obispo over 80 years ago at a time when a young volunteer Canary Island Palm Tree had been slowly growing 12 feet from the western property line of the 90-foot wide lot, with a single driveway adjacent to the eastern property line. As the tree grew taller decade by decade, my family gathered fallen fronds to burn in our backyard incinerators, that was both common and legal decades ago, but as the tree grew taller and we couldn't reach the dead fronds that hung from the bottom, we had to hire a workman to climb, perhaps by ladder, to saw off the dead fronds. As my siblings matured and left home as I did in 1962, my mother was left to the chore and expense of trimming the palm tree every few years by some means that I don't recall; perhaps climbing boots and strap or by ladder. In 1987 after my mother died, I bought this family home from her estate and for 36 years I have been plagued with frequently picking up and disposing of up to a dozen 18-foot-long palm fronds for a couple of years before it is necessary to prune the tree by a "pineapple" cut that stops fronds from falling for up to a year, before resuming. Since the canopy of this mature tree is quite wide, tenants walking down the driveway of 1236 palm and the sidewalk of 1248 Palm have had to dodge the heavy end of 50-pound fronds gaining force as they fall 70 feet. Since owning this tree since 1987, I've had to hire arborists approximately every 3 years for 36 years for about 12 visits, and every time I had to seek permission from the owner of 1236 Palm to allow a heavy boom/bucket truck to drive up and park in his driveway to be able to reach up 80 feet to saw off enough fronds to achieve a "pineapple" cut. As I recall I paid around $400 in the beginning, for what is now bid at $1,200, for an average of $800 x12 = $9,600 to trim a volunteer tree that is nothing but a nuisance for me. Now that the owner of 1236 Palm can no longer permit an arborist vehicle to climb his dilapidated driveway, there is no access point for a boom/bucket truck since my dilapidated driveway is 90 feet away with no access around the backyard. In addition, all 4 homes from 1236 Palm to Johnson Avenue have front yards nearly 4 feet above the curb flowline of Palm Street that cannot be climbed with 20-ton truck without damaging terrain. Since the palm tree is 50 feet from the curb flowline, a boom/bucket truck couldn't reach the fronds on top of an 80-foot tree. The 8-inch curb face in front of 1250 Palm Street is falling over, so a heavy truck would not be able to drive over curb and sidewalk without incurring damage to both. Such a truck could also not drive part way up the 1250 driveway, climb a slope and traverse a sewer clean -out, 6-inch curb, and 2 weak concrete internal sidewalks. SEE ATTACHED 1236 PALM NEIGHBOR'S DRIVEWAY PHOTOS LABELED: xe_-kA. — "Aerial View -Denied Access" Shows how truck used to climb driveway and pull up next to tree. xe.,ZB. `"1236 Driveway" Shows street -level view of steep and dilapidated neighbor's driveway. ,*,-IC. "1236 Driveway" Shows area where truck could park to reach and cut palm fronds. �ew_y.D. "1236 Driveway" Shows how badly cracked and potholed is the neighbor's driveway. xe.5E. "1236 Driveway" Shows nearly entire length of driveway is cracked and in poor shape. SEE ATTACHED 1250 PALM FRONTAGE & DRIVEWAY PHOTOS LABELED: xz4A. 'Aerial View of Non -access" Shows no reasonable truck access to replace 1236 Palm driveway. ;te.,-i B. "DSCN4073" Shows slope, curb, sewer riser, and 2 sidewalks blocking truck access. x c.*C. "DSCN4075" Shows base of tree 5 feet higher than curb flowline & 3:1 intervening slopes. D. "DSCN4077" Shows unstable leaning curb face fronting 1250 & tree base 5 feet higher than curb flowline. Xc-w E. "Curb entirely damaged" Shows 8 inch high curb facing leaning full frontage of 1250 Palm. ,rc. i t F. "DSCN4079" Shows broken curb face, fragile apartment sidewalk & Italian Cypress blocking access. *-,i G. "DSCN4080" Shows broken curb face and flowline which is 5 feet lower than base of tree. &.-qH. "DSCN4081" Shows tree base 7 feet from bare spot under Rhododendron where supersaturated soil ponded. ,60.,,f I. "Weak 1248 sidewalk to cross" Also shows irregular terrain and 3 foot high grassy slopes. V,.yJ. "Weak 1250 sidewalk to cross" Also shows irregular terrain and 3 foot high grassy slopes. ,k-m K. '"3 to 1 slope, curb and sewer riser block access" Also 2 internal sidewalks at Italian Cypress. 3(C � � r A " �.��__ _ _ _ '. � ram" _ • , ��. , AA A. 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