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HomeMy WebLinkAbout02-20-2002 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL FEBRUARY 20, 2002 CLOSED SESSION- 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:00 P.M. ADJOURNED TO CLOSED SESSION - 6:00 P.M. Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) ADJOURNED TO CLOSED SESSION - 6:OOP.M. REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL. CHAMBERS AT 13777 FRUITVALE AVENUE MAJ'OR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954:2, the agenda for this meeting was properly posted on February 15, 2002). COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. 77ae law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions None Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENTS CEREMONIAL ITEMS lA. Oath of Office of Arts Commission Member Tracy Halgren and Sylvia P. Wohlmut Recommended action: Administer Oath of Office. IB. Oath of Office of Public Safety Commission Member Thomas Edel Recommended action: Administer Oath of Office. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the . Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Review of Check Register Recommended action: Approve check register. 2B. January Financial Reports Recommended action: Accept reports. 2C. Review Planning Commission Action Minutes - February 13, 2002 Recommended action: Note and file. 2D. Claim of Lavina Ling; Claim No. GL-052984 Recommended action: Authorize ABAG to settle claim. 2E. Congress Springs Park Improvements -Final Acceptance/Notice of Completion and Donation Update Recommended action: Accept Notice of Completion. 2F. Consider Request to Join Friends of the Court Brief in Oak Creek Estates v. Town of Paradise Recommended action: Authorize request. PUBLIC HEARINGS Ordinance Adopting Rules and Procedures for City Commissions Recommended action: Open public heazing; close public hearing; waive first reading. OLD BUSINESS Request for Proposals for City Arborist Services Recommended action: Accept report and direct staff accordingly. League of California Cities Grassroots Coordinator Network Recommended action: Informational only. 6. Review of Legislative Consultant Contract Recommended action: Accept report and direct staff accordingly. COMMISSION ASSIGNMENT REPORTS Arts Commission Waltonsmith Planning Commission Mehaffey Parks and Recreation Commission Baker Finance Commission Baker Library Commission Waltonsmith Public Safety Commission Streit Heritage Preservation Commission Bogosian Youth Commission Mehaffey Gateway Task Force Streit Library Expansion Committee Bogosian CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Acf (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title 77) • 4 :a ;;.E~;~,~. ,~ Wit:. ,: ~~ ~. ~~~ ~ ,: 2/26 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2002 Presentation -Mike Evanhoe Highway 85 (Not a regulaz City Council meeting) 3/6 Regular Meeting 3/12 Adjourned Meeting - SASCC, Pazks and Recreation Commission 3/20 Regular Meeting 4/3 Regular Meeting 4/17 Regular Meeting 4/23 mourned Meeting-Public Safety Commission, Sheriff, Fire Districts 5/1 Regular Meeting 5/7 Adjourned Meeting -Finance Commission, Chamber of Commerce, SBDC 5/11 Council Retreat 5/15 Regular Meeting 6/5 Regular Meeting 6/19 Regulaz Meeting 6/25 mourned Meeting -Saratoga Union School District, Cupertino Union School District, Campbell Union School District 7/3 Regulaz Meeting 7/17 Regular Meeting 8/7 Regulaz Meeting -City Manager Evaluation 8/21 Summer Recess 9/4 Regular Meeting 9/18 Regular Meeting 10/2 Regular Meeting 10/16 Regular Meeting 11/6 Regular Meeting 11/20 Regular Meeting 12/4 Regulaz Meeting 12/10 Adjourned Meeting -Council Reorganization 12/18 Regulaz Meeting **Please note that all meeting start at 7:00 p.m. unless otherwise posted. Regular Meetings are held in the Civic Theater, 13777 Fruitvale Avenue. Adjourned Meetings are held in the Adult Day Care Center, 19655 Allendale Avenue. 5 SARATOGA CITY COUNCIL MEETING DATE: February 20, 2002 ORIGINATING T{)~~PT^ Ci anager PREPARE ~ AGENDA ITEM: CITY MANAGER: Q~~~ DEPT HEAD: SUBJECT: Appointment of Arts Commission Members and Oath of Office. RECOMMENDED ACTION: That Council approve the attached resolution appointing Tracy Halgren and Sylvia P. Wohlmut to the Arts Commission. REPORT SUMMARY: Attached is the resolution appointing to the Arts Commission. The Oath of Office will be administered and signed by the Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Arts Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City's Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A -Resolution of Appointments Attachment B -Oath of Office u RESOLUTION N0.02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 5ARATOGA APPOINTING FIVE MEMBERS TO THE ARTS COMMISSION WHEREAS, at its September 5, 2001 City Council meeting the City Council adopted Resolution 01- 058 establishing the Saratoga Arts Commission; and WHEREAS, the Saratoga Arts Commission will strive. to foster, encourage, and assist the realization; preservation, and advancement of the arts for the benefit of the citizens of Saratoga; and WHEREAS, a notice of vacancies was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the positions. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments: Tracy Halgren Sylvia P. Wohlmut ,~ The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 20th day of February 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN Nick Streit, Mayor ATTEST: Cathleen Boyer, CMC City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Tracy Halgren, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Tracy Halgren, Member Arts Commission Subscribed and sworn to before me on this 20`~ day of February 2002. Cathleen Boyer, CMC City Clerk P STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Sylvia P. Wohlmut, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Sylvia P. Wohlmut, Member Arts Commission Subscribed and sworn to before me on this 20~` day of February 2002. Cathleen Boyer, CMC City Clerk SARATOGA CITY COUNCIL MEETING DATE: February 20, 2002 AGENDA ITEM: 1~/~~~' ~~ ORIGINATING~PT: City anager CITY MANAGER: ~~C%~- PREPARED DEPT HEAD: SUBJECT: Appointment of Pubic Safety Commission Member and Oath of Office. ACTION: That Council approve the attached resolution appointing Thomas Edel to the Public Safety Commission. REPORT SUMMARY: Attached is the resolution appointing to the Arts Commission. The Oath of Office will be .administered and signed by the Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Public Safety Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City's Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A -Resolution of Appointments Attachment B -Oath of Office r RESOLUTION NO. 02- ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE PUBLIC SAFETY COMMISSION WHEREAS, a vacancy was created on the Public Safety Commission resulting from the resignation of Carolyn Galvin; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancy. NOW, THEREFORE, the City Council of the City of Sazatoga hereby resolves that the following appointment were made for term expiring April 1, 2004; Thomas Edel The above and foregoing resolution was passed and adopted at an adjourned meeting of the Sazatoga City Council held on the 20s' day of February 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk z STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Thomas Edel, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Thomas Edelt, Member Public Safety Commission Subscribed and sworn to before me on this 20~` day of February 2002. Cathleen Boyer, CMC City Clerk SARATOGA CITY COUNCIL MEETING DATE: February 20, 2002 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~~ PREPARED BYt_. ~ C, +lLLf~- DEPT HEAD: <- SUBJECT: Check Register: 2/1/02 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. AP CHECKS A87692-87808 1 GENERAL 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 160 Transit Dev 170 Hillside Repair 180 LLA Districts 250 Dev Services 260 Environmental 270 Housing & Comm 290 Recreation 291 Teen Services 292 Facility Ops 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 810 Deferred Comp 830 Payroll Agency 990 SPFA 167.14 PAYROLL CHECKS: 827520-27573 TOTAL 2/1/02 Checks Checks 122,956.87 11,548.05 147,002.06 1,140.02 11,847.30 129.52 8,419.09 614.52 500.00 40,791.08 145,403.68 5, 363.00 11 (120.00) (750.00) O o O N A A M ° o 0 O 0 0 o O ° o i o o 0 No o wo mN o q p \ ZZ~HOm w w w Y \ 0 mJ m iZ<O~KOro f O ' O N O ~ O Y A O W O N J O b m O O w N O T Y ' O O x O My N Nm ~N 0 AN N N VT`4 00 ~O "'~3b , N V' N N ~1W 0 N ~N v m m m m m m m m b b c r M~; O ~ [r' [" K A W C ~ C 5 !/ H P O~ O e 4 C y H 4m] !n 3 K ~ K y y k K ~ O O ~~ Y o y H N q 5 '+ r Z < Z ~ N 5 A ] 4 n m G O o y y m oq oro o5 02 y u 05 oy wM oq w0 u Ww 'T Wo 3 ,~ ZlG][0' 0 mY 5 wm ~~ mx i02 H 5 Z r Y m ~K H Z x oT Z b AO ~K elm o m eK 0 Ab C ~ y N ] N( O ~D M Z m ' Nm m m ~ O K ro Z ~y OO m N (~] m p O o o O oo n Y Y m \ \\ \ 2 \ N N \ ' m v w W y " W w W m ~ " m p t. oa o on \ \ \ \ \ ~ HX \ N \ N N N N N N O NN N ~l~lO p O 0 O O 00 O O 0 O O O p 0 ~ O N O N N N N N N N N m N N N N N N N N b N O O O o Y O n ~ ~ A Y m Y m m ! o 0 0 00 O ° m Y o 0 0 ~ O ll~ p N N ~ O w N N OO N ' ~ N A m Y A A ' W W N N O~ A X N N W N V~ V~ V ro A N N O A ~ A A A b `L p A A A O m CJ ~ O A O O O N A A O O O A O m C m n n n (n 'O l] n '~ m > roy m ' O m r r [' m C b O C b C b O m ~ m N b n m u r m ~ in \ ro m m m G o n m : y w m 0 v ' n `+ o 'o u i t n ' + n 3 ~-' on m ' HH ~O G G G W G m < m < m < H m < ~ ro 3 0< G m z m m G m z m m G m x m m c G m z 'e m m z m m m ~ m o M ~ m m o H m m e~ m o m r~$ m o ~ m m o v ~ H b ~ o N r ° 0 0 ~ ° 'd' o z ° a ~ o m o 0 o n o 0 0 7 o m o r z r o o ;~ m H o m 71 Z A m m T T m m m C . . 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A J M N V YYY N N 'X q O N A A A ALA A A A M A 0 000 bZ MO O N N Y Y Y Y Y V Y O A 00 O NNNYY O O O O O OH MC n n n n r tl i M n 4] n a n n n 3 M m r O S O m < O m ~+ r r O r y ~ M N b r b C o x q n A tl Z H ~ b b Y r N Z 4] O m M~ K /n n m H ~ 41 b q m rni yytl m .r.omr HyH m r " c ia~Hy vp o < m < r C ky < H < ~y'ZU GMiH < 4xi C Ima C ~ < m < O < ~ m3 N< Z M CzqCz M Ol m qqn yyH M 'A M OHO K m m q m M q M 1` m i ry O n 0 0 0 M O ~q l] O C q O Hl1M~ O 3 O O O lm~l O O O X O ~ 2 N~ .x M M Z M nm M 2 A ZH yyMM~ q 3 M M M M b M N m O O M O N 5 O C_ O ~ H~ M O r O O O O O O H HyyH b H O yHy H H n .b yHy 'yG1. H H H H H . H C F' CO C m [' [' b b y C' H r r r r r 3 a r y££ r n r • H Y N r MHM w r r r w m 5 4x'1 O \o N n m Z m Y n n x x m m n n x x M x M N Y x q .. A J NA .. 1bW N N N N W W A-.IOW A A N N U 35 W N W N O A WmONb V1 A D O 1OtlM A A O m J ~+ O N J Y W b N O O m cy H m .° W ~ 1 H G O O P N J O N O w O O O O O O ',0 O O O O O Yb O O Y OY000 0 0 0 0 0 0 0 O O M m J z q O b 0 w N N w m A J J M N G o m m o o O 1 o a o0 0 0 o rororoo \V O ~N O VI VINN YO N Y A O m N T Y A J N N A A A J A m m Y m m Y W N A A A Y Vi m N O N O Y A VIAJ N n JWA r o£ £ < O< C m C O H H H H m b m b b „ H n o r r S r H o t~ Y m N o m n n o ~ m °z m ° a mm' ~ (/ o h1 O y o M O .n o b W m W Vi W o W ~{' W M o W y Ky n wm wm wH 3 W n m W Z o m m- om m Nm oY JYJ~ NH J NHH 3 W N'A J~ Wzm Nro A'L Y Abm Ab m m b r^yi % Z NO ~oH 000 O •2 m OH Vl YNN l/ m ob -iC m C m b m m m Z ro Z n m r n O o m o K o O o 0 Y Y m Y V N N W H N K N N m m Hn mm o0o m v~' \ N N N Nm N NNN \ N N 0 0 0 Om O o00 0 0 0 03 0 0 N N N N N N N N N N N N N O N O O W W W O O O Y O O O O N 0 H°o 0 0 0 0 0 O V1 A A N N W VI m O O Vi m Vi N N N {n W W N N N W Y N A N NN O N N A A A A A O 0 0 000 0 N N O O HYY O Y A O O H N Y O O O O Y m n n n n x 3 mC m m 3 ~n m n p o C b b ~ Of TnC m N m .'V ~ C n r \ b pyHJ x Z X % 3 C .roT. .Y. H C <' N t' O P Cy Im'1 Z m 'O L<~1 m bl Z ymy N ZmZ m m yym M H N m ro 'T. m 2 m m m n M O b O m b m b N U ro O m O 5 O Y y ro 3 O m O ~ O tM~l b O H O m O n O m O O O m O O n G m O Z O H O A O m m m N m ~ m F H m m A 3 Y! p ro ,ro AO F ~n A < A H H M H m H H b H .~I b H H Z r H C H n H t1 H H H b H ~ yOH H m yH H b H N n H yH ~ H b H m H C r 0 r £ [' r n f C H [b" n t' 3 Cb" ~3 C m [b" 5 H C M Z N n m A m m m 3 N HM~rniAb Z~HOm Z b~ K n b 005 ~ OM'A no~m3m m p b ~ m < i ~ W N m \o A~qr: <z~ c~~ znm~ OR A Z v 00 ~ m ro m mN O H .~ A m ub o ~0 m Hm a< o r N H H ~b 3 n m on bx H \ mp C m n OC HZ b m ~m ~NH m ~y3 °z n s m n x m x a m i H A w %my N N N A A W m W m ~ O C1 ~ J N ~ ~ O O O O O N N A N Y J N N G m O O O O. J J m m N'm m N N m O Z H 1 H p ' N O O T Y N W m m N N O O N O O O O O O O O N O N O O O y O O O I~1 m a n A (n a m C 0 m m o ~ p N m Y J ..~, -~ F ~'+` Y ~~~~~ bIV QO~O V~PNN ~ O W ^a O N ~ C1 0 0 0 0 0 <~Hroro o o o o o H Z~ Om N N mo O m o o ~ O w o ro o N y y H ~ Z< b~ K L ] q ' o w o 0 o Y W 1Q ~. 1 NY Y00 NOrA W ON WO H~[i Q 'q 'p ro 0 1p N ~ W O Y J r A m 0~ 'a b VA q r'N y N K AJX £ N E p G ip WN 5 S Y b % H C C O ~ T m N N C y n m y y 3 y y 3 b r b n O N N <z r om o0yy oob o 0 o Ob C3~ - oC mn Wo5 w m ooro wWO 0 4 m~ o wm b N Wn ~znmr r ° .mr m o meb wm mr t » m ro rp Y02 ~L OVIH H oN Nb ~L' ON m 0 ~ x ~ ' y z • Y o0 O H z z n 00 00 0 0 YY YY n N N N W N W N m i ~ mN Ym ~ ~ on \~. \\ ~ r b 7C N N N N N N N r y\ O O O r m O O O O O O O C N N N N N N N N m N N N N N N vro 0o ti b o N N Y Y o 0 o n n ~ 0o r~ ~ zo ° °o ° ° ° ° ° • . 0 o , r n 0 0 Y ~ 0 00 0o N N o NN VrN N A A mm YY A N m N O O A N X T N 00 Ad d n A m 0 00 0 . O bZ N O O O W W 0 O A o 0 0 0 0 o O H MC b ro tl tl 3 3 n b m O H m m O O Z t m r b bp rOM y z H b C ~ N ~ y HH ( ii o y 3 NN T $ O N \ b O[' L -'L " r bH ~ Y v HMG 3 HH < KK < n < H G b m Z < N m rp3 \O N< OXm m bm m CC m O m M m H i M oq Hb ro 5 mtl m x Z m m b roro ~ y b O b O C 5 b C ~ O N C m ~° ° ~ a mm p m a bb ° ~ r z ~ ~ a ~ b . i r H H b H m H A Y H m H H H o O H b H H b a b i oO Y y y O o y y b b H • N C l~ ro b b m ~ + : » a z n m N .. y m m X N b d N b r 3 Y YV N YV Jr0 N N i ~Ob UrN -N O 00 w Or m m O GM JO O 00 Y m O `D r0 A A ; HZ CH ' Y O O O m N O O O A AO O O 00 Y OY 0 0 0 0 0 0 m b v ~ . G1 n + m N N C o O m r r v b r i N Y ~znz~oaa m a m ~om~o m nor v a x~c ~ ~ ~ b <~ 3 ~ ~55~5 ~ O A O O ~ 4].nY m m J ~ ZC'N m p C pq u ~ [` m m m n m ~m a • H z < ~zm~n c ~~z~x H i m A i~ A ~ O ~b £ 3 ~n v n 2 b C ~ ~ zn~ a ~ox~ m. e ~ z~ b n ~ m n 100, m • O J m m H~ K ~ m~ b N N ~ b r m r N r n m x q m T w x Z n ~ N > ro M 5 o O n m ~ y m x o ~ m H H ~n a H H b C u ~ L H A J Z mm~ Hm~ 3~ O u y ~ H J ' q 1 O b i j N „ b O ~ Uln ~ n ~nm ~ n ° oo ~~ y ~Nb ~HO~ .b. cZ~zz ~zH~mn .v O b Am HA O Z COp m b O O N 1 i05i'9 NO o O b ~Hm~ M m ~bn~ N b O t~ x ~ ~ o / N ~ ~ m 0 Y 6 w SARATOGA CITY COUNCIL MEETING DATE: February 20, 2002 AGENDA ITEM: ~A ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~G~--. PREPARED BY: •" DEPT HEAD: SUBJECT: Financial Reports for the Months ending January 2002 RECOMMENDED ACTION(S): Accept the financial reports for year-to-date months ending January 2002 and the Treasurer's report for the seven months ending January 31, 2002. REPORT SUMMARY: The accompanying financial reports represent the revenues, expenditures and fund balances in all City funds for the fiscal year-to-date months ending January 31, 2002. Projected June 30, 2002 summary includes audited beginning fund balance as well as adopted revenues, expenditures, and transfers that were amended from the original adopted budget. Mid-year budget amendments will be included in the February 2002 financial reports, in the month approved by Council. The February 6, 2002 budget adjustments will tailor the budget to reflect more accurately the City's anticipated resources and approved program expenditures. This refinement of the budget follows an extensive review the City's various revenue streams and expenditure activity in an effort to project a more accurate June 30,.2002 ending fund balance. FINANCIAL SUMMARY Summary During the month of January, the City continues to remain in a strong fund balance condition as previously explained during the mid-year budget review. The beginning of the year surplus of $2,966,627, of which $1,649,542 was attributed to the General Fund, will also be reflected as an amendment to the budget in the February 2002 monthly reports. General fund operations continue favorably. with total revenues at .61.9% and expenditures at 52.6%. Although the City has experienced decline in some tax revenues, such as transfer, construction, and transient occupancy, we have been fortunate to have other revenues such as V refunds/reimbursements, fines, and donations that offset. Most significant to the general funds' stability are the property taxes, sales taxes, and motor vehicle license fees, which make-up 58.4% of the budget and remain as projected. Special Revenue Fund revenue variance, 32.8%, primazily reflects grants and reimbursement. revenues that are typically received after expenditures have been made and the timing of recreation revenues which become significantly higher during the second half of the fiscal year.. Revenues in the development services fund are at 59.0%. Although the City has experienced a significant decline in building and planning, we have been fortunate to have geology and engineering fees assist this variance as a result of the Sobrato project. FISCAL IMPACTS: Discussed above. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Accept and file the reports. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: A. Financial reports for January 31, 2002 B. Treasurer's report for January 31, 2002 2of2 ATTACHMENT A 0 N M /Q^ V O ~, z 7 Vj Z LS oz F ~ U F r~ x ~O O- n - ~ r O O M oo N i1 - O n M b O d O n N m N O n b n G O V~ O Vl O vl 'n M M- P N O. n O - n N W N O O 'V - T n (~ O - O n P C O V N 'S M ~O n h O ~' C 1n N n n rn R n O N (^. N V O ~1 1^ N O~ N N N O. vt h N b W b-~ n O~ CO (, M ~O O O 00 rD N b r0 O N O~ V < M - U V - oo i s9 v V V `-' M N _ ..9 di N M Liz M W ' ~ ~ n M yi N ~ O z a a a m O b ~a n o r r L=a rnM-c o~ 0 0 0 0 " r e e C ~D O N M- n N O e/ rn N N a W Vl r/1 h O V3 69 fA h W n O O~ OD N rn N n rn M M h rn O r 0p M M ~ O W Vl vi d' VI N N b O v N N .O b O O b IA N ~ M M ~ v ~ O y N IP a N N Z' ~ ~ M V - l~ i ~ W ~ M M 69 ~ b VI Yi * 5 ~ F V fi7 m 00 N M~ O O n M M V' N M rn O O O O O N W O O C O O N N C7 a N N P oo N O~ M N O N N d' b O 'n b T M VI d ~ ~ V V N T N b (~ N Or N O b D M - O M C VI n ~ O W m F•r R C ~ vi h SO H V b O M vi r 1f~ O O b b C' - n P T ar Q M rn M r(r N N O M 1'- ~D N N n~ .~ h N M n N T N N 0 VI - O M U O O O~ Qw O~ b - b f9 n_ O G1 ¢ Z b b ~ P - ~ ~~ M n ~ ~ P Vi ~ M ~ ~ ~ Y d .7 k U k1 O~ O O~ O O O~ n O M O y a 0 0 0 0 O O N O Or O n O O O O ~ b O r O O 0 O 0 N Q GO O~~~ N M O n n N q V W = M M O vl M n rn v1 O ~p M O n O O W O O O VI n N M b T r 'Z b ~ N W r P ~ b L~ eT ' y ? Vf' v O .V-. l Q~ - b M b~ N b n t O a CO T b N - 69 O N n p . v yr - ~ N O b G~ fA M W ~ N a O O C y - N v) R r b .~ - oo O ' r ao O b b b R N oo - r O M VI N M O M O O b rn O. M- V W ~ b ~ O h O O- M M n ..7 O M O o0 N O~ W C N O rn - b 00 O. rn oo rn rn T b rD 00 m N hi o O~ N M ri ~: 00 1~ vi N d' V O rn V h C = .-: ao 00 oO Vr Vl M ~D Vi VI wl y M O- O N T O O Y W M O~ n I^ .fin ^ 1 ~ p' n b % P N Yf f9 N N ~ M M N - S ~ N M ~ O G v> ifl `~' .. ~ w W ,~ V1 r%~ r 1h O - r r O~ ~"' O S? y O O O O r r r r r O O rsaj fr1 ~ ~ r P n~ r P .. M M M b9 M 49 W ~` O O M b 0 P W~ O ~ W W M - % Lid ~M.. M M F ~,,, a ~ G] C O b O GO r r M O~ - ~O M h M .. O O~ O O r r O. r r T N Q= O~ O~ O O N !/ U M R O'J M O O. M C n W b 'af N P O~ b N O b O n V M O~ N ~D < N N O N a N n h n` n M ~ ~c v r" oo o: a n" .= r+j n` o 0o v^ ao 0 ao` ni aE` ? R APO -' a M~ ~°O-~~°. N- a °~ ~ .-. ~+ n ~ ^ M M ~/ W 6M9 ~ ~K 69 N ~ ~ ,, a ¢x ~ W F ~ b o a n v r n o. 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U~Z Z¢FE-E-Z a.Z w V ~pLr 'Z W ~N~u>]awm wUQUaU0. yy W 0.q Cm ~Q~~0~¢¢C'7 .,.~ C coil a'.] ¢NUF~ ~ y0 OZ Q h FF~j t ~ ~;..7 mC Ua> zzF, p¢ 4 o ws a L,.w ~, ~ ~z_¢ F ~aa F~ zF p e e ti UNLL z,pu h .~ G z¢ tiQF z ZycF W a¢~¢~Z»pUWwUwF ~.~ F'F m wp ~yd aCCF F L=s. V ~ a F ti Vp FvFiFx~~ uZ.12C F Y¢. FF Ui ~ pFF G.] ¢.wiU4a~v¢i0 O D z' ~ N M 0 0 0 0 0 0 0 0 0 0- N M O O X O 0 0 0 0 0 0 O O O O rn b n W Vr b n O~ O~ p~ O. N X O N N M V O O~ LL O O O - N N N N N N N M M M V V n n n W O. r L C d L T .G C O N L L W V c` u a` ~ 3 9 N a N ~. v v b a C ~y -~ 9 O ~ a a a ~ ~ o `c °~' E 9 V V 9 Yy3 a A T u w N ~°e 'O N ~ " o ti 9 ~ a a ~ ~"-. E G m U G • `x CITY OF SARATOGA REVENUES AS OF JANUARY 31, 2002 BUDGET ADJUSTMENT AMENDED ORIGINAL (if different) BUDGET TITLE BUDGET (Note 1) (if different) REVENUE OVERVIEW BY FUND 001 GENERAL FUND $ SPECIAL REVENUE FUNDS: 100 COPS-SLESF FUND 110 TRAFFIC SAFETY FUND 150 STREETS & ROADS SRF 160 TRANSPORT DEVELOP ACT SRF 170 HILLSIDE REPAIR FUND 180 LANDSCAPE & LIGHTING FUND 250 DEVELOPMENT FUND 260 ENVIRONMENTAL PROGRAM FUND 270 HOUSING & COMMUNITY DEV FUND 290 RECREATION FUND _ 291 TEEN SERVICES 292 FACILITY OPERATIONS FUND 293 THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS: 310 PARK DVLPMNT CAP PRJ FND 320 L[BRARY EXPANSION CAP PROJ FUND 35x TOTAL CIP _ TOTAL CAPITAL PROJECTS FUNDS DEBT SERVICE FUND: 400 LIBRARY BOND DEBT SRV FND TOTAL AGENCY FUNDS 420 LEONARD RD DEBT SER FUND 720 CA TV TRUST FUND 730 PRK DST#2 DBT SR/AGNCY FD 740 PRK DST#3 DBT SR/AGNCY FD 800 DEPOSITS AGENCY FUND 990 SARATOGA PFA AGENCY FUND TOTAL AGENCY FUNDS TOTAL ALL FUNDS $ January 2002\REVENUE 1/31/02 ACTUAL (YTD) 58.3% of Year Expired 100,000 100,000 100,000 100 .0% ]48,500 148,500 63,139 42 .5% 3,552,354 3,552,354 363,097 10 .2% 54,727 54,727 38,254 69 :9% 2,500 2,500 - 0 .0% 192,593 ]92,593 125,447 65 .1% 1,616,000 1.6]6,000 953.979 59 .0% 563,613 563,613 325,493 57. 8% 183,874 183,874 716 0. 4% 733,000 733,000 345,564 47. 1% 66,700 66,700 19,243 28. 9% 135,000 135,000 7],421 52. 9% 25,000 25,000 ]3,626 54. 5% 7,373,861 7,373,861 2,419,979 32. 8% 207,000 207,000 248,400 120.0% - - 268,731 - - 6,840,000. 6,840,000 - - 207,000 7,047,000 517,131 249.8% 694,592 694,592 - - 11,738 11,738 4,607 0 4,200 4,200 - 0.0% 167,314 167,314 86,916 51.9% 24,675 24,675 5,638 22.8% 207,927 207,927 97,161 46.7% 16,752,571 $ 7,017,198 $ 23,769,769 $ 8,150,077 48.6% Page 2 2/13/02 ' CITY OF SARATOGA REVENUES AS OF JANUARY 31, 2002 FISCAL YEAR 2001-02 BUDGET ADJUSTMENT AMENDED ORIGINAL (ifdifferent)~ BUDGET 1/31/02 TITLE BUDGET (Note 1) (if different) ACTUAL REVENUE DETAIL BY FUND GENERAL FUND 001 PROP TAX SECURED/UNSECURED TEA ALLOCATION SALES TAX 1% SALES TAX PROP ] 72 TRANSFER TAX CONSTRUCTION TAX TRANSOCCUPTAX FRANCHISE FEES - PG&E FRANCHISE FEES - AT&T FRANCHISE FEES - SJ WATER FRANCHISE FEES-GREEN VALLEY BUSINESS LICENSES FEDERAL LAW BLOCK GRANT MOTOR VEHICLE LICENSE FEE OFF HIGHWAY MV FEE HOME OWNER PROP. TAX RELIEF OTHER REFUNDS & REIMBURSE FINES-FALSE ALARM FORFEITURES SPECIAL ASSESSMENTS (VESSING) MTEREST RENTALS-CELL PHONE HAKONE RENT PASS THROUGH SALE OF ASSETS MISC. VEHICLE ABATEMENT DONATIONS/YOUTH SPORTS ANIMAL LICENSES FUEL SALES GROUND MAINT PARK RENTAL PERMIT-ENCRMT. TOTAL GENERAL FUND January 2002\REVENUE (YTD) 58.3% of Year Expired $ 1,489,800 $ 1,489,800 ~ $ 1,454,592 ~ 97.6% 2,096,398 2,096,398 1,454,592 69.4% (2) 1,168,500 1,168,500 647,864 55.4% 95,000 95,000 49,164 51.8% 1,263,500 1,263,500 697,028 55.2% 400,000 400,000 125,148 31.3% (3) 400,000 400,000 181,532 45.4% 321,000 321,000 106,667 33.2% (4) 1,121,000 1,121,000 413,347 36.9% 242,500 242,500 - 0.0% 182,000 182,000 153,956 84.6% 99,200 99,200 0.0% 321,300 32],300 178,514 55.6% 845,000 845,000 332,470 39.3% 299,600 299,600 150,727 50.3% - 16,698 16,698 - - ],572,500 1,572,500 1,001,194 63.7% 600 600 294 49.0% 15,700 ]5,700 ]9,037 121.3% 1,888,400 16,698 ],905,098 1,171,252 62.0% 118,827 118,827 328,654 276.6% (7) 18,000 18,000 16,000 88.9% 45,000 45,000 19,497 43.3% 295,366 295,366 0.0% 400,000 400,000 399,774 99.9% (8) 58,200 58,200 37,634 64.7% - - 6,436 - 15,000 15,000 - 10,000 10,000 2,532 25.3% 13,000 13,000 4,716 36.3% - 160,500 160,500 184,900 115.2% (9) 12,500 12,500 1,899 15.2% 10,000 10,000 4,603 46.0% 5,000 5,000 3,949 79.0% 54,000 54,000 36,523 67.6% 1,054,893 160,500 1,215,393 1,047,117 99.3% $ 8.269.191 $ 177,198 $ 8,446,389 $ 5,115,806 61.9% Page 3 2/13/02 CITY OF SARATOGA • REVENUES AS OF JANUARY 31, 2002 u FISCAL YEAR 2001-02 (YTD) BUDGET ADJUSTMENT AMENDED 58.3% of ORIGINAL (if different) BUDGET 1/31/02 Year TITLE BUDGET (Note 1) (if different) ACTUAL Expired SPECIAL REVENUE FUNDS: COPS-SLESF SP REV FD 100 INTEREST - - 100 SUPPL LAW ENFORCE 100,000 100,000 100,000 ]00.0% 100,000 TRAFFIC SAFETY SRF 110 CROSSING GUARD MATCH 3,500 3,500 0.0% 110 FINES-VEHICLE CODE 145,000 145,000 63,139 43.5% 110 TOTAL TRAFFIC SAFETY SRF 148,500 148,500 63,139 42.5% STREETS & ROADS SRF 150 REFUNDS &REIMB. 259,700 259,700 3,883 1.5% ST HIGHWAY USER 2107.5 6,000 6,000 6,000 100.0% ST HIGHWAY USER 2106 149,550 149,550 80,811 54.0% ST HIGHWAY USER 2107 251,500 251,500 ]44,797 57.6% ST FHWA REIMB. 1,342,000 1,342,000 0.0% ST 2105 S&H CODE 194,700 194,700 109,567 56.3% TEA-21 252,705 252,705 0.0% CALTRANS-SARATOGA/SV RD. - - - - TEA - CLEAN AIR GRANT (SIGNALS) 380,000 380,000 0.0% AB 434 CLEAN AIR GRANT 338,947 338,947 18,039 5.3% MEASURE B 377,252 377,252 ~ 0.0% TOTAL ST&RDS SRF 3,552,354 3,552,354 363,097 10.2% TRANSPORT DEVELOP ACT SRF-CAP PROJ 160 TOTAL TDA 54,727 54,727 38,254 69.9% HILLSIDE REPAIR SRF 170 INTEREST - - HILLSIDE STREET REPAIR 2,500 2,500 0.0% TOTAL HILLSIDE REPAIR SRF 2,500 2,500 0.0% LANDSCAPE/LGTNG SRF 180 PROP. TAX 89,404 ,89,404 67,921 76.0% (2) SPECIAL ASSESSMENT 101,189 101,189 57,526 56.9% (11) INTEREST 2,000 2,000 0.0% TOTAL LANDSCAPE/LGTNG SRF 192,593 192,593 125,447 65.1% DEVELOPMENT SRF 250 GEOLOGY REVIEW FEES 65,000 65,000 78,318 120.5% (12) ENGINEERING FEES 60,000 60,000 221,983 370.0% PLANNING FEES 396,000 396,000 127,600 32.2% (13) ARBORIST FEE 75,000 75,000 42,032 56.0% DOCUMENT STRG FEES 13,000 - 13,000 4,916 37.8% PERMITS-BUILDING 967,000 967,000 439,480 45.4% January 2002\REVENUE Page 4 2/13/02 CITY OF SARATOGA REVENUES AS OF JANUARY 31, 2002 t TITLE PERMITS-GRADING INTEREST TOTAL DEVELOPMENT SRF ENVIRNMNTAL PRG SRF 260 ST REFUSE SURCHG AB939 260 ENVIRONMENTAL FEES 260 INTEREST TOTAL ENVIRON PRG SRF HOUSING&COMM DEV SRF 270 HCD/CDBG/SHARP GRANTS INTEREST TOTAL HOUSING/COMM DEV SRF RECREATION SRF 290 FRIENDS OF WARNER HUTTON HOUSE SPORTS LEAGUE FEES CAMP FEES EXCURSION FEES CLASS/SPECIAL EVENT REDWOOD SPORTS PRGM. TOTAL RECREATION SRF TEEN SERVICES SRF 291 TEEN SERVICES TEEN SNACK BAR WARNER HUTTON CONTRIBUTIONS TOTAL TEEN SERVICES SRF FACILITY OPS SRF 292 BUILDING RENT TOTAL FACILITY OPS SRF THEATER TCK SRCHG SRF INTEREST 293 THEATER TCK SRCHG TOTAL THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS BUDGET ADJUSTMENT AMENDED ORIGINAL (if different) BUDGET 1/31/02 BUDGET (Note 1) (if different) ACTUAL (YTD) 58.3% of Year Expired 40,000 40,000 ~ 39,650 I 99.1% (14) 30,000 30,000 15,632 52.1% 533,613 533,613 309,86] 58.1% 563,613 563,613 325,493 57.8% 180,874 180,874 0.0% 3,000 3,000 716 23.9% 183,874 183,874 716 0.4% 38,000 38,000 34,94] 92.0% 150,000 150,000 17,369 11.6% 90,000 90,000 43,538 48.4% 425,000 425,000 228,561 53.8% 30,000 30,000 21,155 70.5% 733,000 733,000 345,564 47.1% 55,080 55,080 13,693 24.9% 1,620 1,620 550 34.0% 10,000 10,000 5,000 50.0% 66,700 66,700 19,243 28.9% 135,000 135,000 71,421 52.9% 135,000 135,000 71,421 52:9% 54.5% 54.5% 7 CAPITAL PROJECTS FUNDS PARK DVLPMNT CAP PRJ FND 310 PARK DEVELOPMENT 207,000 January 2002\REVENUE Page 5 r LJ 120.0% CITY OF SARATOGA REVENUES AS OF JANUARY 31, 2002 FISCAL YEAR 2001-02 (YTD) BUDGET ADJUSTMENT AMENDED 58.3% of ORIGINAL (if different) BUDGET 1/31/02 Year TITLE BUDGET (Note 1) (if different) ACTUAL 'Expired LIBRARY EXPANSION CAP PROJ FUND 320 LIBRARY BOND INTEREST & MISC TOTAL C[P 35x TOTAL CIP RESOURCES TOTAL CAPITAL PROJECTS FUNDS DEBT SERVICE FUND: LIBRARY BOND DEBT SRV FND 400 PRINCIPAL INTEREST OTHER TOTAL LIBRARY BOND DEBT AGENCY FUNDS: LEONARD RD DEBT SER FUND 420 SERVICES (ASSESS DISTRICTS) CA TV TRUST FUND 720 INTEREST INCOME -- PRK DST#2 DBT SR/AGNCY FD 730 SERVICES (ASSESS DISTRICTS) PRK DST#3 DBT SR/AGNCY FD 740 SERVICES (ASSESS DISTRICTS) DEPOSITS AGENCY FUND 800 DEPOSITS SARATOGA PFA AGENCY FUND 990 INTEREST INCOME TOTAL AGENCY FUNDS GRAND TOTAL REVENUE NOTES: January 2002\REVENUE 7 0.0% (15) 0.0% 249.8% 691,892 691,892 2,700 2,700 - - 0.0% 0.0% 694,592 694,592 - 0.0% 11,738 11,738 4,607 39.2% 4,200 4,200 0.0% _ - 0.0% 167,314 167,314 86,916 51.9% _ - 0.0% 24,675 24,675 5,638 22.8% 207,927 207,927 97,161 46.7% $ 16,752,571 $ 7,017,198 $ 23,769,769 $ 8,150,077 48.6% Page 6 2/13/02 CITE' OF SARATOGA REVENUES AS OF JANUARY 31, 2002 FISCAL YEAR 2001-02 (YTD) BUDGET ADJUSTMENT AMENDED 58.3% of ORIGINAL (if different) BUDGET 1/31/02 Year TITLE BUDGET (Note 1) (if different) ACTUAL Expired (1) Please see summary of budget adjustments. (2) Property Taxes-Secured property taxes paid in December/January and April/May. In addition, TEA distributions will no longer be a June lump sum but a distributed monthly with [he secured/unsecured distributions. (3) Property Transfer taxes are lower than originally budgeted due [o the decline in real estate transactions. (4) Occupancy fees from the Saratoga Inn & Saratoga Oaks Lodge. The Saratoga Inn remits monthly; the Oaks Lodge quarterly. (5) Franchise Fees from PG&E and SJ Water received in February and April respectively. (6) Includes Internet fees not included in budget projection. (7) Other Refunds & Reimbursements- Law Enforcement refund $101,001, ABAG Plan, and $43,160 received in July. $45,099 State traffic congestion relief. (8) Interest Income is higher than originally budgeted. Interest will be distributed to funds with earnings. (9) Donations for Youth Sports Fund. (10) TDA reimbursements of $17,644 & $20,610 received in September, 2001. (11) Assessment Revenues-Paid in December/January and April/May. (12) ls[ quarter receipts from Sobrato project. (13) Planning fees are lower than originally budgeted due to decline in new planning applications. (14) Develop fees-Grading Permit fees remain higher than originally budgeted. (15) Interest income earned from library bond proceeds in L.A.I.F. account. `J January 2002\REVENUE Page 7 2/13/02 CITY OF SARATOGA EXPENDITURES AS OF JANUARY 31, 2002 BUDGET ADJUSTMENT AMENDED 58.3% of ORIGINAL (if different) BUDGET 1/31/02 Year TITLE BUDGET (Note 1) (if different) ACTUAL -Expired EXPENDITURE OVERVIEW BY FUND 001 GENERAL FUND $ 6 SPECL4L REVENUE FUNDS 100 COPS SUP. LAW ENFORCEMENT 110 TRAFFIC SAFETY SRF 150 STREETS&ROADS SRF 160 TRANS DEV ACT SRF-CAP PROJ 180 LANDSCAPE/LGTNG SRF 250 DEVELOPMENT SRF 1 260 ENVIRONMENTAL PRG SRF 270 HOUSING & COMM DEV SRF 290 RECREATION SRF 291 TEEN SERVICES SRF ~92 FACILITY OPS SRF 293 THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS 12 CAPITAL PROJECTS FUNDS $ 52.6% 112,236 2,056 114,292 33,606 29. 4% 25,983 - 25,983 7,200 27. 7% ,297,376 1,460,148 9,757,524 1,696,028 17. 4% - - 0 - - 206,697 - 206,697 154,688 74. 8% ,876,822 8,411 1,885,233 977,099 51. 8% 648,385 125,838 774,223 398,731 51. 5% 266,504 - 266,504 117,445 44. 1% 9]9,725 1,200 920,925 529,886 57. 5% 223,223 - 223,223 109,983 49. 3% 275,041 - 275,041 157,207 57. 2% 50,784 4,881 55,665 11,618 20. 9% . ,902,776 1,602,534 14,505,310 4,193,491 28. 8 9% 410,110 910,]10 1,297,811 142.6% 2,110,238 15. ] 086,350 13,086,350 - 0.0% 496.460 27,996,460 3,408,049 _ 12.2% 310 ~ PARK DEVELOPMENT 500,000 320 LIBRARY EXPANSION ~ 14,000,000 35x TOTAL CIP - TOTAL CAPITAL PROJECTS FUNDS 14 DEBT SERVICE FUND: 400 LIBRARY BONDS DEBT SVC TOTAL AGENCY FUNDS 420 LEONARD ROAD DEBT SVC 700 QUARRY CREEK PROJ ADM 720 C.A TV TRUST FUND 730 PARKING DIST H2 DEBT SVC 740 PARKING DIST tl3 DEBT SVC 800 DEPOSIT AGENCY FUND 990 SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL ALL FUNDS 34. January 2002~EXPEND. 194,592 0 694,592 104,270 15.0% 11,738 11,738 167,314 167,314 8,480 150,269 72.2% 89.8% 179.052 179,052 158,749 88.7% $ 15,490,639 $ 49,909,842 ~ $ 11,302,552 ~ 22.6% Page 7 2/11/02 CITY OF SARATOGA - EXPENDITURES AS OF JANUARY 31, 2002 BUDGET ADJUSTMENT AMENDED 58.3% of ORIGINAL (if different) BUDGET ~ 1/31/02 Year TTTLE BUDGET (Note 1) (if different) ACTUAL Expired' EXPENDITURE DETAIL BY FUND Doi GENERAL FUND 1005 CTTY COUNCIL 1010 CONTINGENCY 1015 CITY COMMISSIONS 1020 CTTY MANAGER'S OFFICE lOti LEGAL SERVICES/RISK MNGT. 1030 CITY CLERK 1035 EQUIPMENT OPERATIONS 1040 FINANCIAL MANAGEMENT 1045 F-IiJMAN RESOURCES 1050 GENERAL SERVICES 1060 FACII.TTIES MAIN"PENANCE 1065 MANAGEMENT INFORMATION SYS. 1070 PUBLIC INFORMATION 2005 EMERGENCY PREPAREDNESS 2010 CODE ENFORCEMENT 2015 POLICE SERVICES 2025 ANIMAL CONTROL 3030 PARKS/OPEN SPACE 3035 GENERAL ENGINEERING 4005 ADVANCED PLANNING 7005 SENIOR SERVICES 7010 COMMUMTY SUPPORT 7020 ECONOMIC DEVELOPMENT 7025 HAKONE GARDENS PARK 9010 CAPITAL PROJECTS SUBTOTAL LESS OVER[-IEAD TOTAL GENERAL FUND $51,000 54,984 $105,984 $58,416 55.1% 200,000 (91,229) 108,771 0.0% 100,994 100,994 51,192 50.7% 345,209 345,209 215,297 /o ~ 377,900 377,900 194,500 51.5% 87,420 87,420 48,900 55.9% 309,987 182,427 492,414 193,514 39.3% (IS) 447,429 447,429 239,516 53.5% 167,277 14,100 181,377 90,902 50.1% 146,680 4,830 151,510 86,308 57.0% 469,184 469,1$4 300,126 64.0° 274,373 33,581 307,954 141,538 46.0%~ 26,162 26,162 8,446 32.3% 21,214 21,214 9,319 43.9% 48,281 28,000 76,281 26,146 2,918,415 16,698 2,935,113 1,763,350 °o---% 202,899 202,899 151,899 74.900/y 699,546 7,747 707,293 311,882 44.1% 260,239 9,000 269,239 160,838 59.7%% 96,854 5,237 102,091 40,083 39.3% 41,035 41,035 17,984 43.8% 72,800 72,800 30,130 41.4% 149,912 1,000 150,912 69,651 46.2% 160,747 160,747 44,762 27,8% 312,311 125,270 437,581 154,059 35.2% (16) 7,987,868 391,645 8,379,513 $4,408,758 52.6% 1,845,085) (1,845,085) ($970,764) 52.6% 6.142983 $ 391.645 $ 6.534.428 $ 3.437.994 52.6% January 2002~EXPEND. Page 8 2/11/02 Y CITY OF SARATOGA EXPENDITURES AS OF JANUARY 31, 2002 BUDGET ADJUSTMENT AMENDED ORIGINAL (if different) BUDGET - 1/31/02 TITLE BUDGET (Note 1) (if different) ACTUAL SPECIAL REVENUE FUNDS: 100 2030 COPS SUP. LAW ENFORCEMENT PLUS OVERHEAD TOTAL COPS SRF 110 2020 TRAFFIC SAFETY SRF PLUS OVERHEAD TOTAL TRAFFIC SAFETY SRF ]50 STREETS&ROADSSRF 3005 STREET MAINTENANCE 3010 SIDEWALKS AND TRAILS 3015 3020 TRAFFIC CONTROL FLOOD AND STORM DRAIN CONTRO] 3025 MEDIANS AND PARKWAYS 5010 CONGESTION MANAGEMENT 9010 CAPITAL PROJECTS SUBTOTAL PLUS OVERHEAD TOTAL STREETS&ROADSSRF 160 9010 TRANS DEV ACT SRF-CAP PROJ 180 3040 LANDSCAPE/LGTNG SRF PLUS OVERHEAD TOTAL LANDSCAPE/LGTNG SRF 250 DEVELOPMENT SRF 4010 ZONING ADMINSTRATION 4015 INSPECTION SERVICES 4020 DEVELOPMENT REGULATION SUBTOTAL PLUS OVERHEAD _ TOTAL DEVELOPMENT SRF 260 ENVIIiONMENTAL PRG SRF 5005 INTEGRATED WASTE MGMT 5015 STORM WATER MANAGEMENT 9010 CAP PROJ(STREET STORM DR) SUBTOTAL 100,000 2,056 102;056 12,236 12,236 112,236 2,056 114,292 25,100 25,100 883 883 25.983 0 25.983 1,797,812 1,385,848 3,183,660 96,016 96,016 236,198 12,300 248,498 129,184 30,000 159,184 147,580 2,000. 149,580 350,621 350,621 4,988,425 30,000 5,018,425 7,745,836 1,460,148 9,205,984 551,540 551,540 8,297,376 1,460,148 9,757,524 0 0 180,007 180,007 26,690 26,690 206,697 206,697 572,598 4,984 577,582 479,922 3,427 483,349 191,238 191,238 1,243,758 8,411 1,252,169 633,064 633,064 1,876,822 8,411 1,885,233 156,741 75,838 232,579 379,419 50,000 429,419 25,467 25,467 561,627 125,838 687,465 30,008 6,955 1,189,213 21,284 87,922 50,054 78,929 29,014 143,745 1,600,161 134,714 294,549 240,984 113,455 648,988 5328.111 101,134 252,916 354,050 58.3% of Year Expired ' 29.4% 29.4% 29.4% 27.7% 27.7% 27.7% 37.4% (17) 22.2% (18) 35.4% 31.4% 52.8% 8.3% 2.9% 17.4% 17.4% 7\ 4.g% _~ 74.8% 51.0% 49.9% 59_3% 51.8% 43.5% 58.9% 0_0% 51.5% January 2002~EXPEND. Page 9 2/11/02 Y CITY OF SARATOGA EXPENDITURES AS OF JANUARY 31, 2002 TITLE PLUS OVERHEAD TOTAL ENVIRNMNTAL PRG SR 270 HOUSING&COMM DEV SRF 7015 HCDA ADMINISTRATION 9010 CAP PROJECTS (SR CTR & ADA) SUBTOTAL PLUS OVERHEAD TOTAL HOUSING&COMM DEV 5RF 290 RECREATION SRF 6005 RECREATION SUBTOTAL PLUS OVERHEAD TOTAL RECREATION SERVICES 291 TEEN SERVICES SRF 6010 TEEN SERVICES 6010 TEEN SNACK BAR 6010 WARNER HUTTON CONTRIBUTIONS PLUS OVERHEAD TOTAL TEEN SERVICES SRF 292 6020 FACILITY OPS SRF PLUS OVERHEAD TOTAL FACILITY SRF 293 6015 THEATER TCK SRCHG 5RF PLUS OVERHEAD TOTAL THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS 310 9010 PARK DEVELOPMENT 320 9010 LIBRARY EXPANSION 35x TOTAL CIP TOTAL CAPITAL PROJECTS FUND5 January 2002~EXPEND. BUDGET ADJUSTMENT AMENDED 58.3% of ORIGINAL (if different) BUDGET 1/31/02 Year BUDGET (Note 1) (if different) ACTUAL Expired 86.758 86.758 $44.681 51.5% 201,348 201,348 87,498 43. 5% 50,000 50,000 23,268 46. 5% 251,348 0 251,348 110,766 44. 1% 15,156 15,156 $6,679 44. 1% 266.504 0 266.504 117.445 44 .1% 673,405 246,320 1,200 674,605 246,320 388,157 $141,729 57.5% 57.5% 919,725 1,200 920,925 529,886 57.5% 161,326 61,897 161,326 61,897 79,486 $30,497 49.3% 49.3% 223,223 0 223,223 109,983 49.3% 72,036 203,005 72,036 203,005 41,174 $116,033 57.2% 57.2% 275,041 ~ 0 275,041 157,207 57.2% 43,248 7,536 4,88] 48,129 7,536 10,045 $1,573 20.9% 20.9% 50,784 4,881 55,665 11,618 20.9% ,902,776 1,602,534 14,505,310 ~ 4,193,491® 28.9% 500,000 410,110 910,110 1,297,811 42.6% 19) 14,000,000 14,000,000 2,110,238 5.1% (20) 13,086,350 13,086,350 14.500.000 13.496.460 27.996.460 3.408.049 12.2% Page 10 2/11/02 CITY OF SARATOGA EXPENDITURES AS OF JANUARY 31, 2002 BUDGET ADJUSTMENT AMENDED 58.3% of ORIGINAL (if different) BUDGET 1/31/02 Year TITLE BUDGET (Note 1) (if different) ACTUAL Expired DEBT SERVICE FUND: 400 8015 LIBRARY BOND5 DEBT SVC AGENCY FUNDS: 420 8020 LEONARD ROAD DEBT SVC 720 1040 C.A. TV TRUST FUND 730 8005 PARKING DI5T #2 DEBT SVC 740 8010 PARKING DIST #3 DEBT 5VC 990 1040 SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL EXPENDITURES EXPENDITURE NOTES ~~ 94,592 694,592 104,270 15.0% (21) :, i 11,738 11,738 8,480 72.2%,(22) ~, 167,314 167,314 150,269 89.8% (ZZ) 179,052 179,052 158,749 88.7% $ 34.419.203 $ 15,490.639 $ 49.909,842 $ 11.302.552 22.6% (15) Equipment replacement-Tar pot & Toro mower to be pwchased this fiscal year. (16) Capital projects to be completed this fiscal year. (17) Variance primarily reflects projecUtiming delays. (18) Vaziance primarily reflects timing delays for projects that are seasonal in nature. (19) Park development various locations. (20) Library Expansion & Renovation Construction Phase I (21) Deb[ service payments made in December and June. (22) Debt service payments made in September and March January 2002~EXPEND. Page 11 2/11/02 ATTACHMENT B 1 CITY OF SARATOGA Cash and Investment Report Balance as of January 31, 2002 e Institution Acquisition Date FDR' Rating Book Value Market Value Par Value Yield Maturity Date Term Anticipated Monthly Earnings nrestricted Cash & Investments: Cash: DD Comerica Bank -Savings N/A AAA $245,255 $245,255 $245,255 2.000% Revolving 1 5409 CK Comerica Bank-SWEEP Account N/A AAA 201,991 201,991 201,991 0.000% Revolving 1 0 CK Comerica Bank -Payroll Checking N/A AAA 10263 10,263 10.263 0.000% Revolving 1 0 Subtotal Cash 457,508 457,508 , 457,508 1.072% 1 409 L.A.LF. & Investments: - MF L.A.LF. N/A N/A 17,361,652 17.427,403 a~ 17.361,652 3.06R% Revolving I - 44,38R CD San Jose National Bank 07/03/99 AAA 500,000 500,000 500,000 3.700% 07/03/02 365 ],542 CD Heritage Bank of Commerce 10/14/98 AAA 636,542 636,542 636,542 3.080% 10/14/02 365 1.634 Subtotal CDs 1,136,542 1,136,542 1,136,542 3.353% 365 3.175 Subtotal L.A.LF.&Investments 18,498,194 18.563,945 18,498,194 3.085% 1R3 47.563 Subtotal Unrestricted Cash & Investments 18,955,702 19,021.453 18,955.702 3.037% 92 47,972 Restricted Cash & Investments: SV San Jose National Bank -CDBG N/A AAA R2,104 82,104 82,104 1.350% Revolving I 92 MF U.S Tmst N/A N/A 321,626 321,626 321,626 0.000% Revolving 1 0. ;vfF L.A.LF: Library Bond Proceeds N/A N/A 9,934.919 9,972,544 a 9,934,919 3.06R% Revolving I 25.400 CK Comerica Bank -Saratoga Youth Spores N/A AAA 192,714 192,06R 192,068 0.000% Revolving I 0 SV Money Market -Library Bond Proceeds N/A N/A 1,028,996 1,028.996 1.028,996 1.920% Revolving I 1.646 CK Wells Fazgo Bank -CDBG N/A AAA 26,852 26,R52 26,852 0.000% Revolving 1 0 Wells Fargo Bank -CDBG N/A AAA 6,503 6.503 G,503 0.000% Revolving 1 0 Subtotal Restricted Cash & Investments 11,593,715 1 ].630,694 11,593.069 2.R00% 2 27,139 Total Cash and Investments X530,549,417 r S30,652,142 53Q,548,771 2.950°/ Avg Yield 46! 575,111`. Benclunark Yield Comparison as of 1/31/02 3 Month Treasury 1.70% 1 Year Treasury 2.31% SchedWe of Maturities: Reserve Analysis: General Fund Reserve requiremen t adopted 4/5/00 : $2,238.266 Immediate $29,412,875 General Fund Balance u of 6/30/01(AUDITED). $12,074,797 FY 2001-2002 (CDs) 1.136,542 Available Funds: Total $30.549,417 Unrestricted Pooled Cash & Investments available fo r current year expenses in all funds: $17,819,160 (Includes unrestricted funds maturing within the current fiscal year) NOTES: DD -Direct Deposits CK -Checking Account MF -Mutual Fund SV -Savings Account ES -Escrow Account a-Market values for L.A.I.F provided by State Treasurer * FDR =The Financial Directory rating is based on computer analysis of prime financials reported yuarierly by the institutions to the Federal Reserve Board and the Federal Home Loan Bank Board. Ratings based on information released July 1998. This report reflects Pooled Cash. Investments and Restricted Cash which are available resources to fund operations, debt service and capital improvements. Other interest bearing users (notes receivable) aze listed above. Debt servicereserve funds held by tmstees are restricted pursuant to indenture covenants and have been excluded from this report. Pursuant to Government Code Section 53646, the City's investment portfolio is in compliance with the adopted investment policy and there are adequate resources to meet anticipated pool expenditure reyuirements for the next xis months fitted by Approved by: 2/14/02 (Unaudited Results) 0f02REPO.xIs SARATOGA CITY COUNCIL MEETING DATE: February 20, 2002 DEPT: Community Development AGENDA ITEM: ;,.,~~~ CITY MANAGER: ~~G~-~~ PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, February 13, 2002 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of February 13, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes -Saratoga Planning Commission CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, February 13, 2002.7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Frnitvale'Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Gazakani, Jackman, Hunter, Kurasch, Roupe, Zutshi and Chair Barry ABSENT: Commissioner Zutshi STAFF: Planners Livingstone ~ Vasudevan, and Director Sullivan PLEDGE OF ALLEGIANCE MINUTES : Draft Minutes from Regular Planning Commission Meeting of January 9 and January 23, 2002 ORAL COMMUNICATIONS -Anymemberof tltePublicwillbeallowed toaddress thePlanningCommission forup to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or tahing action on such items.. However, the Planning Commission may instruct staff accordingly regarding Oral Communications underPlanning Commission direction to Staff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 7, 2002. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15- 90.050 (b). CONSENT CALENDAR PUBLIC HEARINGS All interested persons may appeaz and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Sazatoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 1. Application #02-006 (366-35-019) OAK CREEK INVESTMENTS; BRIGHTER FUTURE LEARNING CENTER (tenant), 12175 Sazatoga-Sunnyvale Road; - Request for a Conditional Use Permit to establish a learning center in an existing 2,626 square foot office space at the Oak Creek Center. The office space is located in the C-V zoning district. (VASUDEVAN) (APPROVED 6-0) 2. DR-O1-046 F~ UP-O1-019 (503-24-025) -LEE, 20645 Fourth Street; -Request for Design Review approval to add 283 squaze feet to the fourth floor and 283 squaze feet to the fifth floor of The Inn at Sazatoga. The Use Permit approval is necessary to allow the expansion of a conditional use. The Inn at Sazatoga is located on a 29,807 parcel in the CH-1 zoning district. (VASUDEVAN) (APPROVED 6-0) 3. Application #02-003 (510-O1-046) - NEALE, 15081 Pepper Lane; -Request for Administrative Design Review and Conditional Use Permit approval to add 683 feet to the existing detached two-car garage. The proposed addition will create athree-car garage. The proposed addition will match the existing design and roof pitch of the existing garage. The 22,101 square foot parcel is located in the R-1-20,000 zoning district (LIVINGSTONE) (APPROVED 5-1-0, ROUPE RECUSED) 4. Application #02-007 (Citywide) - Resolution Amending the Zoning Requirements related to Rear Yard Setbacks for Two Story Dwellings; -The Planning Commission has requested that it consider amending the language of the Zoning Ordinance that regulates reaz yazd setbacks for two story dwellings. Currently the minimum yazd requirements differ for lots that have been developed prior to May 15, 1992 vs. vacant lot and lots created after May 15,1992. The ordinance also has different setbacks for single-story and multi-story dwellings. (SULLIVAN) (CONTINUED) DIRECTOR ITEMS COMMISSION ITEMS Commissioner's sub-committee reports COMMUNICATIONS - Written- Minutes from Regular City Councff Meetings of January 2, 2002 and Minutes from Adjourned Meeting of January 22, 2002. ADJOURNMENT AT S:45 P.M. TO NEXT MEETING - Wednesday, February 27, 2002, Council Chambers/Civic Theater 13777 Fruitvale Avenue, Sazatoga, CA SARATOGA CITY COUNCIL MEETING DATE: February 20, 2002 ORIGINATING 1~PT: City AGENDA ITEM: CITY MANAGER: E~~L~ PREPARED HEAD: SUBJECT: Claim of Lavina Ling; Claim No. GL-052984 RECOMMENDED ACTION: Authorize ABAG to settle claim in the amount of $174.27. REPORT SUMMARY: On August 13, 2001 the claimant asserts she was stopped for a light on Saratoga Avenue when a City employee driving a City vehicle rear-ended her caz. ABAG recommended that the City offer settlement on this claim. On October 17, 2001, based upon the initial repair estimate submitted on this claim, the City Council authorized ABAG to settle claim not to exceed $6,400. Payment was made to Ms. Ling for her car rental expense $1,195.20, currently ABAG is recommending that the City complete settlement with Ms. Ling for her $500 deductible, for a total of $1,695.20. Since the final invoice and supplement information from Sequoia Insurance Service confirmed a total repair cost of $5,433.07. Subtracting the $500 deductible amount that will be paid directly to Ms. Ling, records show $4,879.07 paid by the insurance carrier on these repairs. Adding this to the amount being paid directly to Ms. Ling bring the claim total to $6,574.27 ABAG is recommending that due to the extensive damage in the truck that were hidden prior to the repair tear-down, the final claim cost is $174.27 more than the current authority. FISCAL IMPACTS: The claim will be paid in the amount of $174.27 from the Legal Services/Risk Management Account#001-1025-511-4060. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide not to settle the claim. FOLLOW UP ACTION: Process settlement of claim and notify claimant. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: None 2 of 2 ~J SARATOGA CITY COUNCIL MEETING DATE: February 20, 2002 ORIGINATING DEPT: Public Works PREPARED BY: _ ~~~ AGENDA ITEM: r--~ 2~ CITY MANAGER~Jh; ~~ ~ DEPT HEAD: SUBJECT: Congress Springs Park Improvements -Final Acceptance/Notice of Completion and Donation Update RECOMMENDED ACTION(S): Move to accept the project as complete and authorize staff to record the Notice of Completion for the construction contract. REPORT SUMMARY: Final Acce~tance/Notice of Completion All work on the Congress Springs Park Improvement project has been completed by the City's contractor, Penna Green Hydroseeding, Inc., and inspected by Public Works staff. The final construction contract amount was $1,103,345.00, which is 8.1% above the awarded contract amount of $1,020,350. The increases to the contract were for additional work associated with funds received by the City via donations to the Saratoga Youth Sports Fund. The expenditures above the awarded contract amount are within the change order authority approved by Council. 1n order to close out the construction contract and begin the one-year maintenance/warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day Stop Notice period for the filing of claims by subcontractors or material providers may commence. Donation Update To date the Saratoga Youth Sports Fund has received a total of $192,860 ($282,860 if $90K loan is included). Following is a breakdown of the donations to date: 1. $60,000 (Pony League) 2. $36,000 (AYSO) 3. $156,700 (Saratoga Little League, includes $90k loan) A 4. $7,000 (Saratoga Rotary) 5. 23 160 (Public) $282,860 The following list of donated amenities/improvements are items which staff interprets as permanent capital improvements to Congress Springs Park: Amenity/Imnrovement Amount Donated Donor 1. Pony Field Improvements $60,000 Pony League 2. Mid-Field Restroom $20,000 AYSO 3. General Park Improvements $6,000 AYSO 4. Batting Cage/Net $24,800 Saratoga Little League 5. AA Permanent Backstop $20,200 Saratoga Little. League 6. Scoreboards/Remotes $17,160 Saratoga Little League 7. Bleachers $11,000 Saratoga Little League 8. Electrical Outlets $3,000 Saratoga Little League 9. Scoreboard/Remote $7,500 Saratoga Rotary 10 . General Park Improvements 23 160 General Public Total $192,820 The balance of the donations in the amount of $90,400 includes items which staff interprets as non-permanent and sports specific. They include items such as: portable backstops, soccer goals, pitching machines, portable outfield fencing, portable dugout benches, bases, etc. FISCAL IMPACTS: The ten percent retention withheld from previous payments to the contractor will be released 30 days after recordation of the Notice of Completion assuming no Stop Notices are filed with the City. The adopted budget contains sufficient funds to cover the cost of the construction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. ALTERNATIVE ACTION(S): None in addition to the above. 2of3 FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contract and release the contract sureties and retention thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Notice of Completion. 3 of 3 Recording requested by, and to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Sazatoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed to be performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 20th day of February, 2002. Contract Number: N/A Contract Date: June 6, 2001 Contractor's Name: Perma-Green Hydroseeding, Inc. Contractor's Address: 7096 Holsclaw Road, Gilroy, CA 95020 Description of Work: Congress Springs Park Improvement Project This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on information or belief, and as to those matters that he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Sazatoga, County of Santa Clara, State of Califona on February 20, 2002. CTY OFSARATOGA BY: Dave Anderson City Manager ATTEST: Cathleen Boyer, City Clerk Gov. Code 40814 L.J SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: February 20, 2002 AGENDA ITEM ~ 1- CITY MANAGER: ~~~ ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Consider Request to Join Friend of the Court Brief in Oak Creek Estates v. Town of Paradise: RECOMMENDED ACTION: Authorize the City of Saratoga to join the friend of the' court brief being prepared in Oak Creek Estates v. Town of Paradise. REPORT SUMMARY: The courts authorize amicus ("friend of the court") briefs in cases where the amid have an interest in the case and would provide an additional perspective to that being provided by the parties to the case. The City's support is currently being sought in Oak Creek Estates v. Town of Paradise, a case of possible concern to the City. Oak Creek Estates concerns the relationship of the Permit Streamlining Acf and the Subdivision Map Act and the circumstances under which a tentative subdivision map may be "deemed approved" under the Pernut Streamlining Act ("PSA). -The PSA provides that under certain circumstances a development project may be "deemed approved" if the local government has failed to act on the project within a specified period of time. In Oak Creek Estates the development project in question required a general plan amendment for approval and went through a lengthy review process including a number of changes proposed by the applicant. The City Council ultimately approved an 821ot subdivision. Following the approval the developer sued the City, claiming that the project had been "deemed approved" as a 1771ot subdivision three years earlier. The Superior Court ruled that the City was obligated to accept and record a fmal subdivision map creating the 1771ot subdivision. The Superior Court denied on procedural grounds Oak Creek's claims that the approval of an 821ot subdivision constituted a taking. Both Oak Creek and the Town have appealed. The issues on appeal are: 1. May a tentative map application be deemed approved under the Subdivision Map Act or the permit Streamlining Act ("PSA") when the proposed project is inconsistent with the governing general plan? 2. May a court order the default approval and recording of a fmal subdivision map under the provisions of the PSA or Subdivision Map Act, even though the only applications on file are for a tentative map approval and the applicant has never complied with reasonable conditions imposed on a tentative map? 3. When a developer has caused or voluntarily acquiesced in processing and approval delays, may a project nevertheless be deemed approved under either the Subdivision Map Act or the PSA? 4. What is the statute of limitations for filing a default approval claim? The procedural history and legal issues raised by the case aze discussed in more detail in the attached memorandum from the firm that is preparing the brief. The League of Cities Legal Advocacy Committee has recommended that cities join the amicus brief which is being prepazed without charge to participating cities. -The deadline to join the brief is February 22, 2002. FISCAL IMPACTS: None. There is no cost to join the brief. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: The City would not join the amicus brief. FOLLOW UP ACTIONS: City Attorney will report on the decision of the court when issued. 2 BORAH J. FOX ARGAR ET MOORE SOHAGI SARAH M. HART JOCELVN A. JULIAN JEREMY J. SANTIAGO PHILIP A. SEYM OUR OF COVNSEL City Attorney LAW OFFICES FOX $ SOHAGI LLP , FACSIMILE A REGISTERED LIMITED LIABILITY pq RTNERSNIP (.3IG) 444-7SI.3 10960 WILSHIRE BOULEVARD, $U1TE 1270 LOS ANGELES, CALIFORNIA TELEPHONE (310) 444-7805 90024-3702 ~~~ RCCYCICD VAVER January 31, 2002 Re: Oa1c Creek Estates ». Toti:rn ofParadise, ?hird District Court of_9ppeal Nos. C038577 and C039424 Dear Colleague: On behalf of the Town of Paradise, our office joins with the Legal Advocacy Committee of the League of California Cities in urgvng you to add your city as amicus in this important case titled Oak Creek Estates v. Town of Paradise involving "deemed approval" of projects under the Fermit Streamlining Act and Subdivision Map Act. By action on December 18, 2001, the Board of Directors recommended that cities join the amicus brief that is being prepazed by Mazgazet M. Sohagi and Deborah J. Fox of Fox & Sohagi under the review of Rob Ewing, Town Attorney for Danville. Several cities have already indicated their support for Pazadise's position. Project History The underlying facts of this case involve the Town's review and approval of Oak Creek's tentative subdivision map application fora 177-lot residential subdivision project irnuwn as Cak Creek Estates ("tile Project"). After a lengthy pre-application review, azid numerous deficient submittals, this tentative subdivision map application was accepted as complete by the Town in Mazch 1992. The Project was the lazgest residential subdivision ever proposed in the Town, and there was and remains significant public opposition to the Project. In response to concerns identified in a draft environmental impact report ("EIR") for the Project in 1993, Oak Creek suspended environmental review of the Project in order to redesign the Project. In 1994, Oak Creek submitted a revised tentative subdivision map and accompanying materials, downsizing the Project to 150 lots. The . Oak Creek redesigns were responsible for significant portions of the delay in completing the EIR for the Project. FOX 8 SOHACI, LLP City Attorney January 31, 2002 Page 3 In April 1999, following a bench trial on the mandamus petition, the trial court issued a writ of mandate directing the Town to vacate and set aside its approval of the Project at a reduced density of 821ots, and to adopt a new resolution documenting the deemed approval of Oak Creek's tentative subdivision map application at a density of 177 lots as originally proposed. The Town's opportunities for immediate discretionary appellate review of the writ decision were exhausted in July 1999, when the California Supreme Court denied the Town's petition for review. The Town then complied with the trial court's writ by adopting a resolution approving the 177-lot tentative subdivision map application, as commanded by the writ. That resolution also expressly stated the Town's inability to make the necessary underlying fmdings of consistency with the Town general plan in so approving the tentative map. In October 1999, the Town moved for summary judgment on Oak Creek's inverse condemnation and civil rights claims. These claims were based on the theory that the Town's actions after 1992, and particularly the ultimate approval of an 82-lot subdivision in 1996, constituted an attempt to deprive Oak Creek of its properly rights in the 177-lot subdivision which had allegedly already been approved by default. After extensive further proceedings, the trial court granted the Town's motion on the ground that Oak Creek had failed to timely commence its inverse condemnation and civil rights claims after the default approval, and that the default-approved map had now expired. The trial court did not issue its fmal judgment until Apri12001, at which time the court affirmed the issuance of the writ and dismissed all of Oak Creek's claims for damages. Oak Creek subsequently brought a motion to enforce the writ in June 2001., contending that the writ actually required the Town to issue approval of a final subdivision map rather than a tentative subdivision map. The trial court subsequently issued a ruling tha"t accepted Oak Creek's argument that the Town had not complied with the terms of the writ, but no order was thereafter issued due to the trial court's apparent belief that its jurisdiction to do so had been suspended by Oak Creek's filing of an appeal in the intervening period. The trial court also denied a subsequent motion by the Town seeking clarification of its rulings. Oak Creek subsequently appealed the dismissal of its inverse condemnation and civil rights claims. The Town cross-appealed as to the writ portions of the action, and filed a separate appeal to the trial court's post judgment rulings concerning whether the Town was deemed to have approved a tentative or fmal subdivision map. Oak Creek's r FOX & SOHAGI, LLP City Attorney January 31, 2002 Page 5 on or before February 22, 2002. A consent form to confirm your authorization is enclosed for your use. Your city will not be chazged in any way should it choose to support this effort. Many thanks for your support and please feel free to telephone me directly at (310) 444-7805 should you have any questions on this case. Vezy truly yolu•s, MARG//ABET MOORE SOHAGI of FOX & SOIIAGI, LLP cc: Dwight L. Moore, Town Attorney, Town of Pazadise JoAnne Speers, League of California Cities Rob Ewing, Town Attorney, Town of Danville ieaguelemicus2.ltr.wpd~70501.023 `4 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: February 20, 2002 AGENDA ITEM CITY MANAGER: /l/~~~---- ORIGINATING bEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Ordinance adopting rules and procedures for City Commissions RECOMMENDED ACTION: Open the public heazing and accept public testimony on the ordinance then close the hearing and introduce and waive first reading of the attached ordinance. Direct staff to place the second reading and adoption of the ordinance on the consent calendar for the next regulaz Council meeting. REPORT SUMMARY: At the City Council meeting of January 16, 2002 the City Council directed staff to prepare an ordinance establishing qualifications for membership on City commissions. The attached ordinance would require that commission members (1) be Saratoga residents, (2) be registered to vote in Sazatoga, (3) attend at least one commission meeting prior to being interviewed for a position on that commission, (4) not be a Saratoga employee or hold any public elective office. The attached ordinance would also establish uniform rules applicable to all commissions for attendance, removal of commissioners, filling vacancies, and holding and conducting meetings. Each of these issues is discussed in more detail below. SUMMARY OF ORDINANCE: The ordinance adopts a new article (Article 2-12) in the Saratoga City Code entitled "City Commissions." The article would be included immediately following the Code sections governing the City Council and just before the Code sections governing the Planning Commission. The first section of the article defines Commission to be any commission, committee, board, or group appointed by the City Council which is expected to exist for a yeaz or more. This makes clear that all the subsequent requirements apply -' to all such formal groups established by the Council regardless of whether the Council names the group a "commission," "committee," or some other name. This section also makes clear that the rules of the ordinance prevail over any inconsistent provisions in past Council resolutions. This aspect of the measure will make it easier for commission members and City staff to understand exactly what rules govern the commissions. Paragraph (f) of the first section requires annual preparation of a list of Commission vacancies expected to occur in the following.year. This implements a provision of state law designed to encourage greater citizen participation in local government. The list will be posted in the City Clerk's office and at the Saratoga Library. The "Qualifications" section of the new ordinance establishes the eligibility requirements discussed above. This section allows the Council to make case-by-case exceptions for given Commissions or Commission positions such as the Youth Commission (which does not apply the voter registration requirement) and the Library Commission (which allows a Monte Sereno member). This section further provides that a Commissioner's seat automatically becomes vacant if the Comrnissioner ceases to satisfy the membership requirements at any point during the term. Commissioners are responsible for reporting all address changes to the City Clerk. The "Term" section establishes a standard term of four years. In addition, this section establishes term limits for Commissioner such that no Commissioner can serve more than two full consecutive terms. This is consistent with the term limits resolution adopted by the CounciLin March 2001. The ordinance clarifies the resolution by stating that Commissioners may be reappointed to a Commission after two full terms if there is a one-year. hiatus between the two terms and the reappointment. If the Council wishes, this requirement could be revised to establish a longer or shorter hiatus. The "Attendance" section includes a provision (subsection (b)) that would automatically remove a Commissioner who is absent without permission from all regular commission meetings for 60 days from the last meeting attended. This provision is based on the attendance requirement imposed on City Council members by state law. The language is included to provide Council with an opportunity to address the manner in which it wishes to promote attendance. As an alternative to the automatic disqualification required by subsection (b), the Councilmay wish to simply address attendance issues on a case-by-case basis. The next section of the ordinance (2-12.13, "Removal") makes clear that the Council may remove a Commissioner at any time. This would allow removal of Commissioners for non-attendance and any other reason. Alternatively, the Council may wish to revise subsection (b) to require automatic removal after 90 or 120 days rather than 60 days. 2 As noted, the "Removal" section allows the Council to remove any Commissioner at any time. The section requires the affirmative votes of three council members for removal regardless of the total number of members voting. The "Vacancies" section of the ordinance establishes procedures for filling vacancies on commissions. Consistent with past practice this section makes clear that appointments to fill vacancies are for the remainder of the term only. This section also requires special posting of vacancy announcements for unscheduled vacancies in accordance with state law. The "Meetings" and "Rules of Procedure" sections of the ordinance simply establishes common rules for Commission meetings. The rules of procedure are based on the rules followed by the Ciry Council. This will provide guidance to Commissions as to the proper manner in which meetings should be administered. The Rules of Procedure section does not apply to the Planning Commission because the City Code already establishes clear rules for that Commission. Alternatives The Council could elect to not adopt the ordinance. This would continue the current practice of establishing rules governing Commissions on an ad hoc basis. The Council could also elect to remove or change the provision automatically removing a Commissioner with an unexcused absence of more than 60 days. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: Discussed above. ATTACHMENTS: Draft Ordinance. F. Article 2-12 City Commissions 2-12.10 Commissions generally. (a) A "Commission" is any commission, committee, group, or board established by the City Council pursuant to ordinance or resolution whose members are appointed by the City Council, and which is expected to exist or has existed for more than one year. (b) A "Commissioner" is a member of a Commission. (c) Commissions shall advise the City Council in reviewing, establishing, and implementing City policy regazding the subject matters specified in the ordinance or resolution establishing the Commission and any subsequent amendments thereto. (d) The number of Commissioners shall be as set forth in the ordinance or resolution establishing the Commission and any subsequent amendments thereto. (e) All Commissions shall be governed by the terms of this Article 2-12. Unless expressly stated otherwise herein the terms of this Article 2-12 shall prevail over any contrary provision of any resolution adopted by the City Council. (f) On or before December 31 of each year, the City Clerk shall prepare and the City Council shall adopt a list of all Commissions containing the following information: 1. A list of the qualifications necessary for each Commissioner position; and 2. A list of all Commissioner terms which will expire during the next calendaz year, including the name of the incumbent Commissioner, the date of appointment, the date the term expires, and the qualifications necessary for the position. This list shall be made available to the public and shall be posted in the office of the City Clerk and at the Saratoga Library. 2-12.11 Qualifications. (a) Except as provided in section 2-12.11(b), all Commissioners shall: Page 1 of 4 1. Be a resident of the City of Saratoga; 2. Be a registered voter of the City of Saratoga; 3. Prior to being interviewed for appointment to a Commission, have attended at least one meeting of the Commission to which appointment is being sought; 4. Not hold any elected public office in any jurisdiction or any place or position of employment with the City of Saratoga; and 5. Satisfy any additional eligibility requirements specified in the ordinance or resolution establishing the Commission. (b) One or more of the requirements set forth in section 2-12.11(a) shall not apply if the ordinance or resolution establishing a Commission directs that one or more of the requirements specified are not be applied to one or more members of the Commission. (c) If a Commissioner ceases to satisfy the requirements set forth in section 2- 12.11(a), the Commissioner's office shall become automatically vacant. With respect to appointment and tenure of replacements, and in all other matters, the vacancy will be treated like any other on that Commission. (d) Each Commissioner shall inform the City Clerk of the Commissioner's residence address at the time of appointment and promptly inform the City Clerk of all subsequent changes of address. 2-12.12 Term. (a) Each Commissioner shall serve a term of four years unless an alternate teen is specified by the resolution or ordinance establishing the Commission, (b) No Commissioner shall serve more than two full consecutive terms on a single Commission. A partial term served as a result of an appointment to fill an unexpired term is not considered a full term. A Commissioner who has served two full consecutive terms on a Commission may not be reappointed to that Commission for at least one year following the expiration of his or her term. The limitations set forth in this paragraph (b) shall not apply to the Youth Commission. 2-12.13 Attendance. (a) Each Commissioner shall regularly attend meetings of the Commission of which he or she is a member. Page 2 of 4 r' (b) If a Commissioner is absent without permission of the Chair (or, in the case of the Chair, the Mayor) from all regulaz Commission meetings for 60 days consecutively from the last regular meeting he or she attended, the Commissioner's office becomes vacant and shall be filled as any other vacancy. 2-12.14 Removal. All Commissioners shall serve at the pleasure of the City Council. The City Council may remove any Commissioner from office prior to the expiration of the Commissioner's term by the affirmative vote of not less than three members of the City Council. 2-12.15 Vacancies. (a) Vacancies shall be filled by appointment by a majority vote of the City Council and shall be for the unexpired portion of the term of office vacated. (b) Whenever an unscheduled vacancy occurs in any Commission a special vacancy notice shall be posted in the office of the City Clerk and in the City Library not earlier than 20 days before and not later than 20 days after the vacancy occurs. Final appointment to the Commission shall not be made by the City Council for at least 10 working days after the posting of the notice required by this section except that in an emergency the City Council may fill the unscheduled vacancy immediately such that the person appointed to fill the vacancy may serve only on an acting basis until the fmal appointment is made pursuant to this section. 2-12.16 Meetings. The regular meetvngs of each Commission shall be as specified in the ordinance or resolution establishing the Commission or, if no regular meeting time is established by ordinance or resolution the regular meeting time may be established by the Commission. Any regular meeting maybe cancelled by a Commission upon announcement of such cancellation at the regular meeting preceding the meeting to be cancelled. 2-12.17 Rules of Procedure (a) The following Sections of this Chapter pertaining to meetings conducted by the City Council shall be applicable to all meetings conducted by Commissions: 2-10.020(b) 2-10.030 through 2-10.080 2-10.110(c), (d), (f) and (g) 2-10.120 through 2-10.170 Page 3 of4 As so applied to a Commission, all references therein to City Council or Council member shall be deemed to mean the Commission or Commissioner to which the section is applied. All references therein to the Mayor shall be deemed to mean the Chairman of the Commission; and all references therein to the City Clerk shall be deemed to mean the Secretary of the Commission. (b) The failure of passage of any motion before a Commission shall be deemed a denial of the motion; provided, however, a motion failing by reason of an evenly split vote by the Commission at a meeting where not all Commissioners are present shall be agendized and voted upon at the next regular meeting of the Commission at which a quorum is present. (c) In addition to the rules made applicable to Commissions as specified in paragraph (a) of this section, each Commission shall have authority to adopt such other rules and procedures as it deems appropriate for the orderly and efficient conduct of its business which are not inconsistent with the provisions of this Code. (d) The City Manager or his or her designee shall be the secretary of each Commission unless otherwise specified by the ordinance or resolution establishing the Commission. (e) This section 2-12.17 shall not apply to the Planning Commission which shall follow the rules of procedure set forth in section 2-15.050 of this Code. Page 4 of 4 SARATOGA CITY COUNCIL MEETING DATE: February 20, 2002 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: L~ CITY MANAGER: ~~-~-~~`~"~ DEPT HEAD: SUBJECT: Report Regarding Responses to RFP for City Arborist Services RECOMMENDED ACTION(S): Staff recommends the City Council appoint a committee of Council and Staff to interview the three finalists and to make a recommendation to the full City Council. REPORT SUMMARY: The City received a total of five proposals in response to mailing out 21 Request for Proposals. The City also advertised in the San Jose Mercury News. In response to the newspaper advertisement, six additional Requests for Proposal were mailed out. Of the five received, three were considered worthy of inviting the firm proposing to be interviewed. Those firms are: • Barrie D. Coate and Associates • David Babby of Arbor Resources • Deborah Ellis, MS All three of these proposals have merit. The City Council is very knowledgeable of Barrie Coate's qualifications. Mr. Babby currently provides consulting aborist services for the City of Campbell and the City of Palo Alto. Deborah Ellis is the Town Arborist for Los Gatos and has previously worked on the Villa Montalvo Artist Residence project here in Saratoga. Cost alone need not be the sole reason for selecting professional services. Since the position of City Arborist is so visible in Sazatoga it is important that the selection process include a high level interview to ensure the continued level of service desired by the community. Staff took advantage of the opportunity to tighten up time lines for services the City Arborist provides. For example, the existing agreement allows 30-days for submittal of a written report. In the Request for Proposal that was sent out, we specified 14-days to submit an electronic (email) version of the report. This is important as it allows the Planning Staff to include the Arborist's recommendations in the Planning Commission resolution without retyping. Staff has attached copies of the RFP and the three top proposals for the Council's review. FISCAL IMPACTS: The principal City Arborist costs aze a pass through to the development community. A portion of the total cost is City of Sazatoga projects that aze associated with a Capital Improvement Project or maintenance of City property. CONSEQUENCES OF-NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): 1. Direct Staff to conduct the interviews and report the findings and recommendations to the City Council. 2. Select a City Arborist based upon the submitted proposals. 3. Direct Staff to negotiate a new contract with Barrie Coate and Associates to be brought back to the City Council for approval. 4. Reject all of the proposals and maintain the existing contract with Barrie Coate and Associates. This may have short term benefits. 5. Enter into City Arborist service agreements with either two or al] three of the finalist and rotate project assignments. Three active firms may not want to give up private practice in Sazatoga for only a third of the business. FOLLOW UP ACTION(S): 1. Contact the three finalists and arrange a time and place for interviews. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: 1. Copy of the Request for Proposal 2. Submittal from Barrie Coate and Associates 3. Submittal from David Babby or Arbor Resources 4. Submittal from Deborah Ellis, MS 2of2 ATTACHMENT 1 REQUEST FOR PROPOSAL CITY OF SARATOGA CITY ARBORIST SERVICES INTRODUCTION The Cify of Saratoga is requesting proposals from Licensed Arborist familiar with the flora of the Saratoga area. The health and protection of trees is very important to the City of Saratoga. BACKGROUND Saratoga is located in the foothills of the Santa Cruz Mountains in west Santa Clara County and is primarily a residential suburb to Silicon Valley. The City is approximately 12 square miles in land area, with a population of roughly 30,000. Incorporated in 1956, the community is almost entirely built-out with low-density single-family residences, with a small percentage of commercial and multiple family residential developments, and does not anticipate significant growth or expansion in the near future. Development activity is currently brisk, but it is characterized primarily by redevelopment and in-fill developments. The mature and/or ordinance sized trees are often at risk during construction of these developments. The residents of Saratoga are actively involved with the community and are very interested in the protection of trees. PROCESS SUMMARY The results of this RFP will be presented to the City Council for their direction. SCOPE OF WORK OF THE CITY ARBORIST 1. Conduct site investigations and prepare a written report (electronic version preferred) within 2-weeks of referral. 2. Review development proposals and make clear and concise recommendations regarding changes to the development to protect trees. 3. Report shall prescribe tree bond values, tree protective fencing and replacement plantings. 4. Provide support to City Staff on an as needed basis. 5. Conduct a final site inspection and prepare a written final inspection report within one week advising City Staff regarding the release of bonds C~ • City Arborist RFP Page 2 RFP SUBMITTAL REQUIREMENTS Consultants responding to this Request for Proposal must present satisfactory evidence to the City, indicating its ability to meet the Scope of Work outlined above. To this end, each proposal must include the following information: ^ A brief description of the background and capabilities of the consultant. ^ A detailed statement of direct relevant experience. • Provide resumes of all staff assigned that could be used to accomplish the duties of the City Arborist. ^ The names and background qualifications of any sub-consultants proposed to be used. • A description of any honors and awards received for similar work done by the firm. • A schedule of fees or hourly rates charged by the consultant. • An estimate of the number of hours needed to review development proposals and conduct a site investigation and prepare a report. • A sample arborist report for a proposed addition or new single family dwelling. • The name, address and telephone number of the person to whom correspondences should be directed. • Provision of any other information that may assist the City in ascertaining your or your firm's qualifications. RFP SUBMISSION DEADLINE Five (5) copies of each proposal must be received by 5:00 p.m. on Friday, February 8, 2002. Please submit proposals to: Thomas Sullivan, AICP Director of Community Development City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 CONSULTANT SELECTION PROCESS A Selection Committee will review the proposals, and the most qualified consultants will be invited for an interview with the Committee. Following the interviews, the Committee City Arborist RFP Page 3 will select the consultant that it feels has demonstrated the best qualifications and ideas for this project and an Agreement for Professional Services will be negotiated with City Staff. The negotiated agreement shall be submitted to the City Council for approval. It is anticipated that the selection of a consultant will be made by late-February 2002. The City reserves the right to act as the sole judge. of the content of all proposals. In soliciting these proposals, it is the intent of the City to have the best possible service performed on this project. Therefore, selection of the consultant will be based upon the following considerations ahd criteria: ^ Consultant's demonstrated experience performing similar Arborist services involving municipalities and other public agencies. ^ Consultant's demonstrated ability to manage and coordinate the required work product. • The quality, amount and type of services proposed. The thoroughness of materials submitted, including the proposed work plan. ^ Any other considerations deemed pertinent by the City. All proposals received in response to this RFP shall become the property of the City. All proposals shall become a matter of public record and shall be regarded as public records except for those parts of each proposal that are defined by the consultant as business or trade secrets, provided that said parts are submitted in a sealed envelope and clearly marked as "confidential" or "proprietary'. The City may conduct any reasonable inquiry to determine the responsibility of the consultant. The submission of a proposal constitutes permission by the consultant for the City to verify all information contained therein. If the City deems it necessary, additional information may be requested from any consultant. Failure to comply with any such request may disqualify a consultant from further consideration for this project. CONSULTANT INQUIRIES For further information or inquiries about this RFP, please contact Thomas Sullivan at (408) 868-1222. ATTACHMENT 2 BARRIE D. COATE and ASSOCIATES Horow[ural ConsWmnis 23535 Summit Road Los ~GBIOS. CA 95033 40813531052 A PROPOSAL TO PROVIDE ARBORISTS SERVICES FOR THE CITY OF SARATOGA Prepared at the Request of: Mr. Tom Sullivan Director Community Planning Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Prepared by: Barrie D. Coate Consulting Arborist January 29, 2002 (•....i A PROPOSAL 70 PROVmE ARBORISTS SERVICES FOR THE Cn'Y OF SARATOGA i In response to the RFP from the office of Mr. Tom Sullivan for a proposal to provide arborists services this document refers to each of the points addressed in the RFP. Scope of work 1. We could provide email reports within 14 days of receipt in our office of the written request. 2. We currently review development proposals for the city and we could offer cleaz and concise recommendations for tree protection within that time frame. 3. . We currently provide this information and could certainly continue. 4. We currently provide this information and could certainly continue. 5. We could conduct a final inspection within 7 days of receipt of the request either by telephone, fax, or letter. Submittal Requirements a. Background Summary of the experience of the principal, Barrie D. Coate is enclosed. b. A list of cities for whom I have prepazed similaz reports. c. Resumes of staff The people who would work on City of Saratoga reports aze: Peter Quintanilla Horticultural student, Monterey Peninsula College Grounds Keeper, Carmel Valley Golf Course. d. A list of Honors and Awards. e. Schedule of fees for City of Saratoga work. f. Sample report. g. Direct correspondence to: Encl: Resume Summary List of Cities/Similaz Reports Honors and Awards Schedule of Fees Sample Report Barrie D. Coate and Associates 23535 Summit Road Los Gatos, CA 95033 Phone: (408) 353-1052 /Fax: (408) 353-1238 PREPARED BY; BARRIE D. COATE, CONSULTING ARBORIST JANUARY 29, 2002 2 HARRIS D. COATS AND ASSOCIATES HARRIS D. COATS, CONSULTING ARt30RIST Horticultural Consuliarrts SUMMARY OF QUALIFICATIONS (408) 353-1052 23535 Summit Road Los Gatos, CA 95033 Primary Prafessioasl Work: 1. Pre-planting analysis of plarrt material lists for landscape architects and comractors. 2. Post planting problem analysis. 3. Analysis of Isrge tree problems for attorneys, architects and city plamring departmems. I am a registered Consulting Arborist and hold a Teaching Certificate for California Junior Colleges. I spent eleven years in positions at the Saratoga Horticultural Foundation, the last of which was Director of Horticulture. Nineteen years were sperrt managing wholesale growing grounds. For four years i served as an instructor in the U.C. Cooperative Extension Certificate Programs for Landscape Professionals on the subject of "Plant Ider-tific;aRion," "Selecting High-Quality Nursery Stock," and the last nine years in Certificate Programs for Gardeners in "Pruning Techniques." Ongoing major projects: • Arboricultural Consultarrt for. • . J. Pout Getty Museum, Malibu and Los Andes Authorship and Editorship ieclades: • (.'aliforniu Native Plants in Color, 1980. - California Native Plants and Their Commercial Sources, 1978, revised 1979 and 1982. • A .Success List of Water Conserving Plants, 1982, 2nd Edition, 1983. - Water Conserving Plains and Landscapes for the Bay Area, East Bay Municipal Utility District, 1986, revised 1989, 1992. Memberships and Awards iaelade: • Western Chapter of Intenrational Society of Arboriculture (WCISA), Certified Arborist #586 • American Society of Consulting Arborists #237 • City of Saratoga Tree Preservation Ordinance Committee, 1992-1995 • San Francisco Landscape/Garden Show, Board of Counselors, 1991-1994 • WCISA Award for Arboricuitrusl Research, 1989 • WCISA Author's Citation, 1989 • Honorary Life Membership, WCISA, 1989 • Xeriscape Recognition Award, Plant Material Research, 1985 • Merit Award, The American Society of I,artdscape Architects, City of Thousand Oaks Forestry Master Plan,1991 • Merit Award, The American Society of Landscape Arclitects, Pao Belt Administration Center, San Ramon, 1989 More comprehensive infi>rmation is separately enclosed. ~~ ~-- ` ~ , _. Y ~ a~~ Relevant Experience ; : BARRIE D. COATE ARBORICULTURAL SERVICES OFFERED and ASSOCIATES Horticutural Consultants 23535 Summit Roed Los Gatos. CA 95033 4081353-1052 To Municipalities: Second opinion tree analysis provided for City Arborists and City Planning Departments. Analysis of predictable e,~ects of proposed construction and detailed remedial procedures prepared. Analysis of pote~rtially hazardous trees. Cities Served: City of San Ramoa City of Cupertino Jeff Gault, Park Supervisor Colin Jung, Associate Planner 925/973-2809 408/777-3308 City of Campbell Vince Huppe, Park Maintenance Supervisor 408/866-2743 City of Clayton Jeremy Graves, Community Development Director 925/673-7343 Town of Los Gatos Tim Boyer, Parks 8c Forestry Superintendent 408!354-6809 City of Palo Alto Dave Dockter, Planning Arborist 650/617-3145 City of San Jose Ralph Mize, Arborist 408/277-2756 City of Santa Cruz Ray Sherrod, Field Supervisor 831/429-3767 City of Santa Clan John Mendoza, City Arborist 408/615-3080 City ofMouatain View Stephen Gale, Parks Section Manager 650/903-6326 Redevelopment Agency, San Jose Kate Baer, Arborist 408/277-4744 Redevelopment Agency, Santa Cruz Gary Carlson, Redevelopment Park Planner 831/454-2280 City of Saratoga Tom Sullivan, Director of Community Development 408/868-1232 u BARRIE D. COATE and ASSOCIATES Horticutural Consultants 23535 Summi[ Roed Los Gatos, CA 95033 408!3531052 Tree Inventories with Replacement and Replanting Plans Projects Include: City of Alameda -1990 Survey of City owned curbside gees City of Brisbane-1994 Survey of City owned curbside trees City of Half Moon Bay -1996-1997 Survey of City owned curbside trees Menlo Country Club, Redwood City -1984 Ongoing annual tree inspection City of Menlo Park-1986-1987 Survey for City owned trees Boulder Ridge Golf & Country Clab, San Jose-1992 Inventory of trees in preparation for design Silver Creek Coantry Chyb, San Jane -1993-1994 Golf course inventories and tree analysis before construction Thunderbird Golf Course, San dose -1995 Inventory and tree analysis before construction Alta Mesa Cemetery, Palo Alto -19851988 Inventory and analysis of all trees Chevron Park, San Ramon -1994-1995 Comprehensive tree survey Madronia Cemetery, Saratoga -ongoing Comprehensive tree survey BARRIE D. COATE and ASSOCIATES Horticutural Consultants 23535 Summi[ Road Los Getos, CA 95033 d08t353-1052 Municipal Plsntmg Plsn Design or Review Projects Include: (cont.) County ofAlameda-Rancho Palomores, Castro Valley (1990 to 1998) Woodland preservation and mitigation plan for 640+ acres Oliver de Silva, Inc. The Filoli Visitors' Center, Woodside (1994 to 1997) Analysis of dte healdt and stmctute of trees prior to and draing construction Architectural Resources Group, Architects and Russell Beatty, ASLA The City of Half Moon Bay (1996) Survey of all city-owned trees with recommendation for removal aad replacemems (with Tom Pehrson, Fore The City of Palo Alto (1996) Analysis of representative public tree specimens with recommendations for preservation and replacement species WRT, Landscape Architects The City of San Jose (1999 to Present) Zanker Road renovation, Pat OBrien Landscape Architects The City of Santa Cruz (2000 to Present) BARRIE D. COATE and ASSOCIATES Horticuturel Consultants 23535 Summit Road Los Gams. CA 95033 40 8135 3 1 0 5 2 HORTICULTURAL ADVISORY SERVICES OFFERED AND ARBORICULTURAL SURVEYS PERFORMED Municipal Plaetieg Plan Design or Review Projeeta Include: We provide horticultural review services a»d inspection a»d purchasing servfces for landscape architects during renovation ofcitydowntowns. We analyze lmge or small stands of trees and provide detailed recommendations for preservation. San Jose Department of Forestry and Resource Management (1992) Airport parkway replanting consultation and plant selection Santa Clara County Transit District--Guadalupe Corridor Park (1991) Preparation of a comprehensive landscape mairrtenance manual City of Bretrtwood-Creek Trails and Revegetation Master Plan (1990) Arboricuhural and horticukural consuharrt Kim Vogley and Associates, Landscape Architect City of Thousand Oaks~Forestry Master Plan (1989) Arboricultural cortsukarrt Wolf-Mason Associates, Landscape Architect (ASLA Award) City of San Jose--North Coyote Valley Project EIR (1990/1991) Analysis of the affects of expressway design on 200 acres of tree stands Notre & Associates, Architects City of Saratoga-Hakone Garden Foundation Comprehensive Inventory (1991) Arboricultural and horticultural cxtnsultant Brookvvater Design, Irrigation Desigoas City of San Jose--Flare Park and Bicentennial Plaza (1991) Comprehensive inventory and marmgement plan for City of San Jose Redevelopment Agency City ofClayton-Oakhurst County Club arrd Golf Course (1990-1991) Plant palette-tree survey of 1,100 acres to evahrate all trees oa property and predict effects of development BARRIE Q. C®ATE and ASSOCIATES Horticutural Consultants 23535 Summit Road Los Gatos, CA 95033 408!353-1052 Current Projects 2001 J. Paul Getty Museum, Los Angeles and Malibu. Direction of pruning of trees Phillip Brooks School, Woodside Tree surveys and tree protection supervision during site development EPI Corporation Headquarters Buildings, Redwood City Supervision of maintenance Cottong & Taniguchi Landscape Architects Altera Corp., San Jose Landscape analysis & maintenance supervision Cottong & Taniguchi Landscape Architects. Alza Corp., Mt. View Landscape analysis & maintenance supervision Gachina Landscape Contractors Beringer Wine Estates, St. Helena Direction of tree production Olin Partnership Landscape Architects Carneros Ian, Napa Tree and plant selection, soil preparation Olin Partnership Landscape Architects Santa Clara Central Library, Santa Clara Supervision of transplanting established trees Pat O'Brien Landscape Architects Stanford Cancer Treatment Pavilion, Stanford Tree survey and value assessment For City of Palo Alto Santa Clara University, Santa Clara Pruning instruction for landscape and maintenance staff Y~..~ w< ~. _ :_ ~ _ ~ ~ _, L ~ _ - -- :: Zf '~ - ~- -_ t {~ _- _ ~~. _~ .~ Resume: Assistant Arborist Peter Quintanilla PO Box 222631 Carmel, CA 93922 831/626-0327 Work Experience:. 3/2000-Present Arborist Carmel Valley Ranch, Carmel, CA Resort and Golf Course Maintain trees throughout 1700 acre resort 3/2001-Present Gazdener Estate of John P. Love, Pebble Beach, CA Private Estate Cultivate gardens and propagate plants for high profile areas 3/2001-Present Tree Surveyor Barrie D. Coate and Associates, Los Gatos, CA Horticultural Consultants, Consulting Arborists Collect data for tree surveys 12/1986-7/1999 Draftsperson/Research Assistant Christie, Pazker & Hale, Pasadena, CA Copyright, Patent & Trademark Law Firm Revise patent application drawings Reseazch court documents and trade journals 1984-1986 Draftsperson A.C. Martin & Associates, Los Angeles, CA Architectural Firm Draft working drawing details and assist in model making. Education: 8/2000-6/2001 Monterey Peninsula College A.S. in Ornamental Horticulture Carmel by the Sea Garden Club Scholarship 1/2001-Present UCSC Extension Various courses in horticulture and field studies Page 1 of 2 Contin~ad Peter Quintanilla Summer 1999 Southern California Institute of Architecture Summer Design Program 1984-1986 California State Polytechnic University, Pomona Architecture Program 1982-1984 Los Angeles Trade-Tech College A.A. in Architectural DraRing Memberships: Western Chapter International Society of Arboriculture r~ u Page 2 of Z o- . ~ js n . . . "._ ` E Y-x. S .. _ ~~ ~ ~t x S a h~ ~ xr L J ~ ~ ~ ,~}~ . YS~'e~ 3a~b'~ i Nx'3£`tw N'~.e5+~3 l& - - .. F k'Jr ~ ,.... ' ~ ~'~ f :~"a ~3 . .. ~ r 't! ~.~ ~ " .. ... .. ~ i ham.+.~ _ .... 1 :'.S :.~ .. Honors. & Awards ~..0 .: • "`.\ - ~ ~ ~ ~ ~~~ 1 ~ '~ ~3 ~ T' x: Y 4 A , p. . 1. ~. # r e ¢F ~ BARRIE U. COATS and ASSOCIATES HorUwtural Consultants 23535 Summit Road Los 6a[os, CA 95033 40&3531052 Contributions Acknowledged: Who's Who in the Frontiers of Science 1984-1985 Edition Xeriscape Recognition Award -Plant Material use by Xeriscape Foundation 1985 Arboricultural Research Award by Western Chapter International Society of Arboriculture June 1989 Horticultural Authors Citation by International Society of Arboriculture for Water Conserving Plants and landscapes for the Bay Area currently in 3'~ edition. August 1989 Merit Award 1991 Thousand Oaks Urban Forestry Master Plan The American Society of Landscape Architects Arborist Stands Ta11 in City Planning by Saratoga News Apri125, 2001 (pg. 10) Consultant to: Sunset Magt¢ine New Western Garden Book 1979 Edition 1988 Edition . 1991 Edition 1995 Edition HP Books -Hedges, Screens atulEspaliers, by Susan Chamberlain Schedule of fees for City of Saratoga work, 2002 Barrie Coate Work in field or office $140 hr. Travel time (to/from Barrie Coate & Assoc. $140 hr: office) Peter Quintanilla Work in field or office $50 hr. Travel time (tolfrom Barrie Coate & Assoc. $20 hr. office) Secretarial Costs $40 hr. Map Copying and Pathology reports -charged at cost We would assume a minimum charge of one-hour on-site time and '/= hour travel time per site visit. An estimate of time needed to conduct a typical site investigation and prepare a report. 1-9 trees Barrie Coate time on-site (assuming Peter has prepared basic data in advance) 1 hr. on-site, site analysis $140 ''/z-1 hr. office report prep. $70- $140 '/z hr. travel time $70 Peter Quintanilla 1-10 trees 1.5 hr. on site $75 %i hr. travel time $20 Secretarial cost $50 $425- $495 10-20 trees Barrie Coate time on-site 1 %z -2'/z hrs. site analysis $210- $350 '/z hr. travel time 1 hr office report prep $70 $140 . . Peter Quintanilla 3 hr. on-site $150 %z hr. travel time $20 $590- $730 Secretarial cost $75- $100 $665- $830 These fee estimates are based on the continued use of the 7s' Edition formula for tree evaluation from the International Society of Arboriculture (at $27/sq."). If the current (9`s) Edition is to be used, add ] 0-15% to cost. A 9`~ Edition form is enclosed. If the site is a steep one, densely covered with trees, cost is usually 10-20% higher. Previous inability of our firm to deliver reports within 30 days has been primarily due to the slow method of report preparation used by another assistant arborist who would not be working on City of Saratoga projects if we are awarded this contract. If the site is a steep one, densely covered with trees, cost is usually ] 0-20% higher. Previous inability of our finn to deliver reports within 30 days has been primarily due to the slow method of report preparation used by another assistant arborist who would not be working on City of Saratoga projects if we are awarded this contract. ~,ao TfunkFormulaMethod 8in*n•~'~A°°`'""-~°°~'"°sA'~°''~" Established by the International Society of Arboriculture, 200 Trees LESS Than 30"diameter Appraised Value=Basic Value X Condition X Location Basic Value=Replacement Cost + (gasic Price X [TAA-TAR] X Species) TREE #: 1. Replacement Cost: $1,805 Cost of largest commonly available transplantable tree, as installed in an average location (as established for Northam Cal"rfomia by the Western Chapter). If the appraised tree is in a location which will make installation of a replacement especially difficult or expensive, you should increase this line to account for costs above the average 2. Replacement tree Basic Price Group (per sq. inch) # #N/A 3. Determine the difference in trunk areas If dia = 30" or less, determine TAA, else determirDiam. (Diameter Q Breast Height or @ 4.5 feet) A. TAA = B. Replacement tree TAR = 9.62 (refer to table 11-1992) C. Subtract TAR from TAA (3A-38) _ x.62 4. Multiply Basic Price by area drfferences #N/A per inZ times (3.C) #N/A 5. Adjust step 4 by Species rating #N/A 6. Basic Value = $1,805 + #N/A #N/A 7. Adjust Line 6 by Condition #N/A 8. Adjust for Location: Location = (Site + Contributior + placement) / 3 Adjust Line 7 for Location #N/A 9. Appraised Value (before damage, fiapplicable) =Round Line B to nearest $100 #N/A Appraised Value (after damage, ~'rf applicable) 10. For ParBal Loss: ~ ~#N/A X11. Removal/Reconstruction Cost, if appropriate Prepared for: Address: Date: Failure Date Job #: TOTAL VALUE #N/A BARRIE D. COATS and ASSOCIATES Horticuitunl Consuitan[s (i08) 353-1052 23535 Summit Rd., Los Gasps, CA 95030 Page 1 BARRIE D. COATE and ASSOCIATES Horocutural Consultants 23535 Summit Road Los Gatos, CA 95033 40813531052 TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE BANISALAM PROPERTY 13459 BRIER COURT SARATOGA Prepared at the Request of: Lata Vasudevan Community Planning Deparhnent City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Site Visit by: Michael L. Bench Consulting Arborist January 2, 2002 Job # 12-99-319-01 Plan Received: 12-24-01 Plan Due: 1-7-01 Faxed:l-9-02 Mailed 1-10-02 TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE BANISALAM PROPERTY 13459 BRIER COURT. SARATOC'iA Assignment At the request of Lata Vasudevan, Planner, City of Saratoga, this report reviews the proposal to remodel an existing residence in the comext of potential damage to or the removal of existing trees. This report further provides information about the health and structure of the trees on site, and makes recommendations by which damage to them can be restricted to prevent significant decline. The plan reviewed for this report is the Site Plan prepared by Memarie Associates, Inc., Sheets A-2, dated OS-09-O1. The trees at this site have been previously evaluated in a report by this office dated l2- O l -99. The basic information regarding the trees is used for this report. Summary Four trees are at risk of damage by proposed construction. No trees are expected to be removed by this proposed construction. Several procedures will be required to prevent significant damage to Tree #2. Minimal protection would be required to preserve all of the other trees. A combination bond is suggested in accordance with the levels of the expected risks to assure the protection of the existing trees. Observations There are four trees on this site that are at risk of damage by proposed construction. The attached map shows the location of these trees and their canopy dimensions. The four trees are classified as follows: Tree # 1 - -Maple (Ater species) Tree #2 - American Sweet Gum (Liquidamber styrac~ua) Trees #3, 4 - Ash (Fraxinus species) The overall condition of each of these specimens is rated as follows: Exceptional S ecimens Fine S imens Fair S ecimens Marginal S ecimens Poor S imens 1,2 3,4 Exceptional specimens must be retained at any cost and whatever procedures are needed to retain them in their current condition must be used. Fine specimens must be retained if possible but without major design revisions. Mitigation procedures recommended here aze intended to limit damage within accepted horticultural standards in order to prevent decline. PREPARED BY: MICHAEL L. BENCH. CONSULTING ARBORIST ~ JANUARY 2, ?001 TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE BANISALAM PROPERTY 13359 BRIER COURT. SARATOGA Tree # I is located approximately 4 feet from the existing concrete pathway rather than in the center of the front lawn, as shown on the plan provided. This tree is at risk of absorbing root damage resulting from soil compaction during construction activiiy in its root zone. Trees commonly decline slowly after soil compaction damage, because damaged roots are not able to rapidly regenerate.ln most cases, the soil condition becomes altered for many years. Affected trees often decline slowly and die from . secondary causes, such as disease or insect infestation: This damage can be prevented by providing temporary construction protective fencing. The proposed construction plan has been revised such that Tree #2 would be retained. Tree #2 is an exceptional American sweet gum with brilliant fall color. This tree is one of the better sweet gum specimens that I have seen in this area. It will be essential to revise the protective fencing plan to include Tree #2. However, protective fencing alone will not be sufficient to adequately protect Tree #2. This tree would also require a root buffer, supplemental irrigation, and a protective mulch. Trees #3 and 4 are also at risk of damage by soil compaction of their root zone. All of the retained trees would likely be subjected to one or more of the following damaging events that are common to construction sites: 1. The stockpiling of materials or the storage of equipment over the root systems. 2. The dumping of construction materials, especially waste materials, (such as painting products, mortaz, concrete, etc.) under the canopies. 3. The construction traffic, including foot traffic, across the root systems, and the pazking of vehicles or construction equipment under the canopies. 4. The trenching across root zones for landscape irrigation. 5. The grading of the surface soil resulting in the removal of quantities of . absorbing root tips, which are located just under the soil surface. 6. Broken branches or bark injuries as a result of construction equipment passing too close. 7. Landscaping, including the use of incompatible plant species, trenching across tree root zones for irrigation, excessive soil disturbance of tree root zones, wading to create contours, etc. Virtually any landscape feature inside a tree's root zone results in a percentage of root damage. If the percentage is significant, the affected trees will decline or die. All of these 7 potentially damaging events must be prevented. If any underground utilities must be replaced or upgraded, it will be essential that the trenches must be planned prior to construction as located beyond tree driplines and that the trenches aze located exactly as planned. This must not be left up to contractors or to the utility providers. PREPARED BYi MICHAEL L. BENCH, CONSULTING ARBORIS7 JANUARY 2.2001 TREE SURVEY AND PRESERVATTON RECOMMENDATIONS AT THE BAMSALAM PROPERTY 13459 BRIER COURT, SARATOGA Recommendations The following mitigation suggestions are intended to reduce the extent of construction damage to acceptable levels, so that retained trees can reasonably be assured of survival without decline. If any changes to the plans occur during construction in the root systems of trees, the following recommendations may require alteration. Provide temporary construction fencing located to protect the entire root zone (a minimum of 5 feet outside the perimeter of tree canopies) unless noted otherwise in this report. Fencing must be chainlink, a minimum height of 5 feet, mounted on steel posts driven 18 inches (minimum) into the ground. The fence must be in place prior to the arrival of any other materials or equipment and must remain in place until all construction is completed and given final approval. The protective fencing must not be temporarily moved during construction. 2. I recommend that a platform root buffer be required at the location shown on the attached plan to protect the root zone of Tree #2. A root buffer consists of 6 full inches of coarse bark chips (shredded redwood is not acceptable for this purpose due its compressibility) be spread over the existing grade, which must immediately be covered by 1-inch plywood (full sheets), tied together, and secured to prevent slippages. I recommend that the buffer be 8 foot wide (the length of plywood sheets) adjacent to the foundation. This allows for an 8 foot work space on top of the root • buffer. Protective fencing must be in contact with the root buffer on the side opposite the foundation. This buffer is sufficient for workers on foot using hand carried tools. This buffer must cover the entire east side of the new addition between the footing and the protective fencing. This buffer must be installed in conjunction with the protective fencing and must remain in place until all construction is completed and given final approval. 3. A full 3 inch layer of coarse wood chips must be spread over that part of the root zone of Tree #2 that is not protected by a root buffer. Spreading of the chips must be done by hand. 4. There must be no grading, trenching, or surface scraping inside the canopy driplines of retained trees (either before or after the construction period fencing is installed or removed). Where this may cdnflict with drainage or other requirements, the city arborist must be consulted. 5. If the existing irrigation system were to be shut-off or disabled during construction, supplemental irrigation must be provided to all retained trees during the dry months (any month receiving less than 1 inch of rainfall). Irrigate with ] 0 gallons for each inch of trunk diameter every two-weeks throughout the construction period. This can be achieved by the use of a simple soaker hose laid 4 feet from the trunk for each tree. ~ Platform/Picture PREPAREp BY: MICHAEL L. BENCH. CONSULTING ARBORIST JANUARY 2, 2001 TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT THE BANISALAM PROPERTY 4 13459 BRIER COURT, SARATOGA 6. Trenches for any utilities (gas, electricity, water, phone, TV cable, etc.) must be located outside the canopy driplines of retained trees. For any tree where this cannot be achieved, our office must be consulted 7. Materials or equipment must not be stored, stockpiled, dumped, or buried in any of the planter beds on site. Any excess materials (including mortar, concrete, paint products, etc.) must be removed from site. 8. Excavated soil must not be piled or dumped (even temporarily) under the canopies of trees. 9. Landscape irrigation trenches (or any other excavation), which cross a root zone, be no closer than I S times the tnmk diameter to tree trunks. However, radial trenches (i.e., like the spokes of a wheel) may be made if the trenches reach no closer than 5 times the trunk diameter to any tree's trunk, and if the spokes are no closer than 10 feet apart. 10. Any pruning must be done by an ISA certified arborist and according to ISA, Western Chapter Standards, 1998. I ] .Any old irrigation lines, sewer lines, drain lines, etc., under the canopies of the existing trees, if unused, must be cut off at grade and left in the ground. 12. Trenches for a drainage system must be located outside the protective fencing as noted on the attached map. For any tree where this cannot be achieved, our office must be consulted prior to trenching. 13. Landscape pathways and other amenities constructed under the canopies of trees must be done completely on grade without excavation. 14: Sprinkler irrigation must be designed not to strike the trunks of trees. Further, spray irrigation must not be designed to strike beneath the canopy of oak trees. 15. Bender board or similaz edging material must not be used, inside the canopy driplines of existing trees, because its installation requires trenching of 4-6 inches, which may .result in significant root damage. I6. Landscape materials (cobbles, decorative bark, stones, fencing, etc.) must not be installed directly in contact with the bark of trees because of the risk of serious disease infection. Value Assessment The values of the trees are addressed according to ISA standazds, Seventh Edition. No trees are expected to be removed as a result of proposed construction. PREPARF,D BY: MICHAEL L. BENCH, CONSULTBJG ARBORIST JANUARY 2, 2001 TREE SURVEY AND PRESERVATION RECOMMENDATIONS ATTHE BAMSALAM PkOPERTY 13459 BRIER COURT, SARATOGA I suggest a bond equal to 100% of the value of Tree #2 ($2,930), combined with a bond equal to 30% ($663) of the value of all of the other retained trees for a total bond equaling $3,593 to asswe their protection. Respectfully subm Michael L. Bench,As~sociate Ban•' . oa e,` YiTi cif MLB/msl Encloswes: Tree Data Accumulation Charts Glossary of Terms Protective Fencing Specs Tree Protection Before, During and After Construction Radial Trenching Beneath Tree Canopies Platform Buffer Specs (Picture) Map PREPARED BY: MICHAEL L. BINCH, CONSULTIIJG ARBORIST JANUARY 2, 2001 -, 0 v V 1 J 7 :~ r IcL) ulaolaa ivnowaa C ° 9 IVnOW3a t1N3WW003a n ~ ~ ~ p ~ P ~ E ___.___.~__.____.___.. __ l•1 > H > N > > fr a3Zi~LLa3j SO33N ,. w ~ y S ~ y ~0 F y ~ (S'U a31VM 6033N + + + + o lS'.1 3Sb'3SI0 aMl00 lO0a ~ ~ ~ o lS' l) 03a3n00 aVll00 lO0a a --------------------•--- --••- x ---- x ------ x - x ° - i lS UAV030•)INnal (Ci' L) OOOM QO~jQ N N I P ~ (S' Il 35b'3S10 NMOaO 33a1 d _.._---~_._.__._._____.^.._ .._ y .~. y .... w __ y (S'U S103SNI + + + + lS-t) A1RlOlad ONINnad $ $ h w _ _ __ __ .- r n _ d o ~ ~ 44 ~ 1H013M'ON3 3nOw3a $ II € --------------••--------•----- •--- x ---- x ----- x ---• x ONISIVa NMOaO U _._._.._____..____~_.___ _..__ ..._.._ .__ NOI1VaO1S3a NMOaO t ___ ____ _ ___ ___ .. ~... .. ___ _ ,~ _ .. N ^~ ~ ONINNIHl NMOaO y y !N~ '~ ~ " + .. .... .. ._.. _~... .. «... ONINb3l0 NMOaO + + + + l6-f) ONIlYa OaVZVH ~ $ 0 0 N ~ 10 t'Z) `JNI1Va NOI110N00 N ~ N $ v ~ r ° IsL)3anlanals - ^ ~ y _ ___ x _~ x ___ x x lS L) H1Tf3H ov~ads ~ p {,°y 0 N m ry N ... .... .~~. _~.. rj ...~. N lh N Li013H M y h y O y ~ y 1~3j Zi$ a313WV10 " ~ ^ ^ '^ ^ ^'^ ^ + , + + N ~ ~ ~ ~ n f _.__~-._.___._.._.__._-_.. HSO _~_. n ..___ n ^. ~ n • _.._ K _ x _. . _.._ X w31s.~s'uinw x H90 o ~ ~ o ~ R o o m o' o t 6 F S W V! H` W 4 f - ~ < $8 ~ V V o N ~ 3 z ~ 8 < ~ Q OC „ cc c m '~ e _,r d ~ ~ ~ w a' ^ N t7 P Y s v O fX` N O L.Nj `~' W N ^, r J ~ ~ ~ Q u u u ~ ~ x l w m$ _ w F- r z o w ~ Lp e w ~ w w U w u is g .. x x a m $ L w ~ tl1 N O BARRIE D. COATS AND ASSOCIATES Horticultural Consultants (408) 353-1052 Fax (408) 353-1238 23535 Summit Rd. Los Gatos, CA 95033 GLOSSARY Co-dominant (stems, branches) equal in size and relative importance, usually associated with either the trunks or stems, or scaffold limbs (branches) in the crown. Crown -The portion of a tree above the trunk including the branches and foliage. Cultivar - A named plant selection from which identical or nearly identical plants can be produced, usually by vegetative propagation or cloning. Decurrent - A term used to describe a mature tree crown composed of branches lacking a central leader resulting in around-headed tree. Excurrent - A term used to describe a tree crown in which a strong central leader is present to the top of a tree with lateral branches that progressively decrease in length upward from the base. Girdling root - A root that partially or entirely encircles the trunk and/or lazge buttress roots, which could restrict growth and downward movement of photosynthates. Included bark -Bark which is entrapped innarrow-angled attachments of two or more stems, branches, or a stem and branch(es). Such attachments aze weakly attached and subject to splitting out. Kinked root - A taproot or a major root(s) which is sharply bent and can cause plant instability and reduction of movement of water, nutrients, and photosynthates. Root rnllar -The flared, lower portion of the base of a tree where the roots and stem merge. Also referred to as the "root crown". Leader -The main stem or trunk that forms the apex of the tree. Stem -The axis (trunk of a central leader tree) of a plant on which branches are attached. Temporary branches - A small branch on the trunk or between scaffold branches retained to shade, nourish, and protect the trunk of small young trees. These branches are kept small and gradually removed as the trunk develops. DeSnition of Woody Parts Trunk -The main stem of a tree between the ground and the lowest scaffold branch. Scaffold branches - In decurrent trees, the branches that form the main structure of the crown. Limb - A major structural part. Branch - A smaller part, attached to a limb or scaffold branch. Branchlet - A small part, attached to a branch. .Twig -Avery small part attached to a branchlet. Leaf- The main photosynthetic organ of most plants. C .qH Y ~~ ~ ~ ~ ~ N ~ ~ n ~ ~ X C 7 C N y~ O y CD ~.'Z7 .A ~ C 0 O y ~ C 7 O G ` ~ ~J ~ d O ~ ~ ~ ` ~. N =' !-1 3 '.~ 1'i y C ~ ~.~'~'~o ~~c~og0 ~~~~~ ~:g~.~ ~ z~~ ~~ o ~ ~~~~~~ E. P' ~o ~r~r~• >A> 5C,~'° 5't" C. Pay' ~ t"o N ~' ~ O HI n ~ ~ ~ C(~ ~.~~~ ~ ,~i ~ OO n-'b y (D ~ N A ~ Q ~+. d ~ A ~~"~s~ ti b x ~x ~ ~»~ ~"< d 7 c O O H _`t H s W ~~ ~~ ~~ aog E W ~• O a ~~a0 ~y~pp O ~~.'ba0 ~'cy ~ ~~gn 'ti oo. o•O ~o~z ~; ~ o ~ ~~ N G W ~ ...+ y ~ O ~"n ~ O ~N S N ~O 4 ; ~ y Q N r ^ r BARRIE D. COATE AND ASSOCIATES Horticultural Consultants (408)353-1052 Fax (408) 353-1238 23535 Summit Rd. Los Gatos, CA 95033 TREE PROTECTION BEFORE, DURING, AND AFTER CONSTRUCTION These are general recommendations And may be superseded by site-specific instructions BEFORE Plan location of trenching to avoid all possible cuts beneath tree canopies. This includes trenches for utilities, imgation lines, cable TV and roof drains. Plan construction period fence locations which will prevent equipment travel or material storage beneath tree canopies. Instal! fences before any construction related equipment is allowed on site. This includes pickup trucks. Inform subcontractors in writing that they must read this document: Require return of signed copies to demonstrate that they have read the document. Prune any tree parts, which conflict with construction between August and January. Except for pines which may be pruned between October-January. Only an ISA certified arborist, using ISA pruning instructions may be used for his work. If limbs are in conflict with the construction equipment before the certified arborist is on-site, carpenters may cut off offending parts of 6" diameter or less, leaving an 18" long stub, which should be re-cut later by the arborist. Under no circumstances may any party remove more than 30% of a trees foliage, or prune so that an unbalanced canopy is created. DURING Avoid use of any wheeled equipment beneath tree canopies. Maintain fences at original location in vertical, undamaged condition until all contractors and subcontractors, including painters are gone. Clear root collars of retained trees enough to leave 5-6 buttress roots bases visible at 12" from the trunk. Irrigate trees adjacent to construction activity during hot months (June-October). Apply 10 gallons of water per 1" of trunk diameter (measured at 4 %:') once per 2 week period by soaker hose. Apply water at the dripline, or adjacent to construction not around the trunk. Apply mulch to make a 3" deep layer in all areas beneath tree canopies and inside fences. Any organic material which is non toxic maybe used. AFTER Irrigate monthly with 10 gallons of water per 1" of trunk diameter with a soaker hose, placed just inside the dripline. Continue u~il 8" of rain has fallen, Avoid cutting irrigation trenches beneath tree canopies. Avoid rototilling beneath tree canopies since that will destroy the small surface roots which absorb water. Avoid installation of turf or other frequerrtly irrigated plants beneath tree canopies. n~ ~s r ~r < ,~~;;,~ y - - - _ n: ~~~j~~'~ ~" y // ~~~ k j~{ r ~ ; { I `{~ v C . rl ~ O'D +~ fJ.;~1~.rj7Ff i.' [, f, !-~, ''i~l l1 '~ .,~~'~ •.~ .: k ; ~, . ~; J , ~ y StL~ f O ~ ~ •• +~ ~` ' ~ ~ •~ ~~ ~ i. ~i ~~ ~ i~" ~ 1 '~~~~;' ,- q a~ ~ ~ ~ ~ 3 Y m o ~'a, y cLi i °° A oA r TsY+' .~ . u j ~ ~ ~-- Q Vi ~ ~~ ~ (O i O y t1.- . N d FS- ~ .~ i O w d H~~ F- i+ L y S 3 C 3 ~~ S ~ ~ ~ ~ H L / .D i ~ m ~~ ~~ O t ~~ N +~ ~ N O 0.... _.,._ R d y o•c`"E~ z~ = c 3 mks ~}, ~ ~ ^ '3 y O F yi G. ~ i u ~ p ~. m ~ O M U' JJ v=i i-~ 01 S ~ O 00 p~ ~ . C1 v Vl ,n 1' C - - f0 '~ H H ~-+ ~ S _ i-~ U K ~~ ++ U~ y y0 C L y .~E~~~'7f. c0 _ f0 L d. d L I _ N ~ O ~ o ~ •i d o s ~~ s A 1-inch Plywood and Wood Chips Platform Buffer for Areas Beneath A Tree Canopy which Must Be Used for Foot Traffic • Prepared by: Barrie D. Coate & Associates Horticultural Consultants _ _ (408) 353-1052 23535 Summit Road `~~_`"'°" Los Gatos, CA 95033 P4Rd'IE7ER RpTEGTIYE ENDING ~\!•/ ~-~ ~ 4" = 4o p1~ L_--~~- P~cnvE FENCING I _ .I • i Coate Barrie D Tree Survey And Preservation Recommendations ' . £r Associates (408) 353 1052 At The Banisalam Property - 23535 Surrlmit Road t L G CA 5033 13459 Brier Court os, os a 9 Prepared for: City of Saratoga HORTICULTURAL CONSULTANT Date: anua 2, 2002 CONSULTING ARBORISi' Scale: Ma Reduced ob #12-99-319-02 Tree numbers cotrespond to evaluation charts. All dimensions and tree locations {~ ~ are approximate. ~ ~ I ~l Platform Butter ~IIT r • ATTACHMENT 3 t^^~RBOR //RO ESOURCES nn J"SOfE13iOn QL OrSBOSiQLLCt LLtnC eOnsuCEtny & JSEE C.QSE PROPOSAL TO PROVIDE CITY ARBORIST SERVICES TO THE CITY OF SARATOGA, CALIFORNIA Submitted to: Mr. Thomas Sullivan, AICP Director of Community Development City of Saratoga 13777 Fruitvale Avenue Sazatoga, CA 95070 Submitted by: David L. Babby Registered Consulting Arborist #399 Certified Arborist #WG4001 (650) 654-3322 February 7, 2002 P.O. Box 25295, San Mateo, California 94402 • Email:arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 i ARBOR~~//Rpp ESOURCES C nn ,~ ~ ~20fEiiL0120.e CJr2002LCLLef LLRO.e eOQiLLeteR9 S ~2EE C..Q2E February 7, 2002 Mr. Thomas Sullivan, AICP Director of Community Development City of Saratoga -13777 Fruitvale Avenue Saratoga, CA 95070 Deaz Mr. Sullivan: Arbor Resources is pleased to submit five copies of the enclosed proposal to provide City Arborist Services for the City of Sazatoga. This proposal is submitted in response to your request for proposal with a deadline date of February 8, 2002. The proposal reflects our understanding of the City of Sazatoga's requirements for the City Arborist and our ability to fulfill those requirements. Our objectives entail satisfying the time frame requirements and providing the City of Sazatoga decision-makers and all interested parties with full information regazding tree protection, impacts of development, bond value and replacement plantings. To accomplish these objectives, I will be serving as the consulting azborist. Through my relevant experience and qualifications, the City of Saratoga is ensured to retain a professional City Arborist that can successfully complete all projects within the time frames proposed. Along with my staff, I look forwazd to the opportunity to serve as the City Arborist. If you have any questions regazding this proposal, please contact my office. Sincerely, G' L./V David L. Babby, R.'~.A. Registered ConsultingArborist #399 Certified Arborist #WC-4001 PRO/Saz Enclosures: Proposal (five copies) L~ P.O. Box 25295, San Mateo, California 94402 • Email:arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 David L. Bobby, Registered Consulting Arborist February 7, 2002 SECTION TABLE OF CONTENTS PAGE I. INTRODUCTION ................................................................... I II. SUMMARY OF QUALIFICATIONS ..........:................................. I III. SCOPE OF WORK .................................................................. 2 IV. SCHEDULE OF FEES ............................................................... 4 V. TIME ESTIMATE ................................................................... 4 VI. REFERENCES ....................................................................... 5 VIL CORRESPONDENCE INFORMATION ......................................... 5 APPENDIX A: CURRICULUM VITAE FOR DAVID L. BABBY APPENDIX B: REPORT OUTLINE FOR DEVELOPMENT IMPACTS REPORT APPENDIX C: TERMS AND LIMITING CONDITIONS APPENDIX D: SAMPLE REPORT LIST OF TABLES TABLE I. Time Estimate Sheet for Preparing Development Impact Reports as the City Arborist for the City of Saratoga ......................................... 6 David L. Babby, Registered Consulting Arborist February 7, 2002 SECTION I. INTRODUCTION This proposal reflects Arbor Resource's understanding of the City Arborist position for the City of Sazatoga. We aze astate-licensed and professional arboricultural consulting firm that serves municipalities, various businesses and residential customers. We are committed to being a reliable, highly respected and knowledgeable consulting company, and we are dedicated to providing accurate findings and recommendations consistent with the latest azboricultural information and practices. David L. Babby, the firm's owner, will serve as the consulting azborist and will fulfill the job duties assigned to the City Arborist in a professional, respected and reliable manner. The use of sub-consultants and/or staff to perform the duties of the City Arborist is not foreseen at this time. Our company is structured in such a manner that David can perform all duties of the City Arborist. Should the need arise for an additional consultants, their background and qualifications will be submitted to the City. Only qualified Certified Arborists and/or Registered Consulting Arborists will be retained to prepaze reports and conduct site investigations. All work would be performed under David's supervision. Should Mr. Babby be awazded the contract to serve as the City Arborist, he will discontinue serving all cliental, including developers, homeowners, architects, etc., that have projects within the city limits of Sazatoga. This would continue through the life of the contract with the purpose of avoiding a conflict of interest and maintaining objectivity with his opinions and judgments at all times. SECTION II. SUMMARY OF QUALIFICATIONS Mr. Babby has been involved in the study of trees for over e]even yeazs and has held various positions within the azboriculture and forestry consulting industry. He specializes in preparing development impact reports, overseeing development projects, implementing and managing tree service contracts, and preparing urban forestry management plans. Mr. Babby is an International Society of Arboriculture Certified Arborist and a Registered Consulting Arborist of the American Society of Consulting Arborists. He holds a Bachelor of Science Degree in Forestry and Natural Resources Management from California Polytechnic State University, San Luis Obispo. He currently serves as a consulting azborist for the City of Campbell and City of Palo Alto and is involved in preparing development impact reports on a regular basis. Mr. Babby is a current member of the International Society of Arboriculture, National Arborist Association and the American Society of Consulting Arborists. Please refer to his curriculum vitae presented in Appendix A for additional information regarding his experience and qualifications. Proposal to Provide Ciry Arborist Services to the Ciry of Saratoga 1 Mr. Thomas Sullivan, City of Saratoga David L. Babby, Registered Consulting Arborist February 7, 2002 A sample report prepared by him is also presented in Appendix C. This report reviews the development of asingle-family residence located within the city limits of Palo Alto, California. SECTION III. SCOPE OF WORK The scope of work presented in the request for proposal has been categorized into five sepazate assignments. Below each assignment, we describe the methods and principles we will use to accomplish them. Assignment 1. Conduct site investigations and prepaze a written report (electronic version preferred) within two-weeks of referral. • Site investigations will include establishing an inventory of all ordinance-sized trees located on the property. This inventory will include performing a detailed ground-level inspection of each tree, assigning a tree number, identifying its approximate location on the map, identifying the tree species, measuring trunk diameter at 24 and 54 inches above grade, as well as estimating height and canopy width. Each tree will also be evaluated for its health and structural condition. Photographs could also be provided to establish a visual record that can be used for current and future assessments. • An electronic and hazd copy version of the report will be submitted within two- weeks of referral. The electronic version will be submitted on a compact disk or diskette. For -the hard copy, the text, tables, charts and illustrations will be presented on 8 %z- by 11-inch vertical sheets with 11- by 17-inch sheets for the map (size of map is upon.your request). The report will comply with those standards established by the International Society of Arboriculture and the American Society of Consulting Arborists. I have enclosed a tentative outline for the reports and it is presented in Appendix B. Assignment 2. Review development proposals and make clear . and concise recommendations regarding changes to the development to protect trees. • All development proposals will be reviewed prior to, during and after performing -the site investigations. All available plans proposed for a project should be submitted to our office in order to properly evaluate each potential impact. This includes the Existing Site Plan, Proposed Site Plan, Demolition Plan, Grading Plan, Utility Plan, Elevation Plan, Drainage Plan, Landscape Plan, Foundafion Plan, and any other maps or documents relevant to the project. All recommendations provided will be specific and comply with standards accepted and practiced in the azboricultural industry. These recommendations will also Proposal to Provide City Arborist Services to the City of Saratoga 2 Mr. Thomas Sullivan, City of Saratoga David L. Babby, Registered Consulting Arborist February 7, 2002 comply with standazds established by the International Society of Arboriculture and the American Society of Consulting Arborists. Assignment 3. The report shall prescribe tree bond values, tree protective fencing and replacement plantings. • Tree bond values will be established by determining the tree's appraised value using the Guide for Plant Appraisal, authored by the Council of Tree and Landscape Appraisers. Tree protection fencing will be drawn on the tree protection map included in the report. It will also be discussed within the recommendations section of the report as needed. Replacement plantings will be suggested to mitigate for trees being removed. The recommended type of tree to install will consist of species native to the City of Saratoga. The size and amount of trees to install will correlate to the equivalent appraised tree value. Assignment 4. Provide support to City Staff on an as needed basis. • David will be available to answer any questions and will provide the appropriate phone numbers so he can be easily contacted by City Staff. He will also be available for periodic meetings with Staff as needed. Please provide a minimum of three business days to schedule one. Assignment 5. Conduct a final site inspection and prepare a written final inspection report within one-week to advise City Staff regarding the release of bonds. • Upon receiving a request for final inspection, David will conduct the inspection and prepare a report of his fmdings and recommendations within one week. He will also advise staff regazding the release of bonds: Proposal to Provide Ciry Arborist Services to the City of Saratoga Mr. Thomas Sullivan, City of Saratoga David L. Bobby, Registered Coruulting Arborist February 7, 2002 SECTION IV. SCHEDULE OF FEES General Services • On-Site Consultation - $115 per hour Report Preparation - $100 per hour *Material prices aze added to invoice • Phone Consultation - $100 per hour • Secretarial Fees - $36 per hour Travel Time (one-way from Belmont) - $65 per hour Attend Public Hearings - $140 per hour Litigation and Expert Witness Consulting - $150.00 per hour (associated expenses will be billed separately) • Depositions - $180.00 per hour (associated expenses will be billed separately) • Court Appeazances - $220.00 per hour Additional Cost lnfotmation • Materials and Expenses are billed at approximate cost • All time will be billed in 15 minute increments • Emergency Work will be invoiced at 150% of the above rates Unless otherwise negotiated, the fees aze subject to revision on March 1, 2003. SECTION V. TIME ESTIMATE The estimated number of hours to review development proposals, conduct site investigations and. prepaze reports is presented in Table 1 shown at the end of this proposal. This time estimate is based on our present understanding of the scope of work. Modifications to the scope of work could result in alterations to the time estimate. Variables which would affect the amount of hours include the total number and size of trees, terrain and amount of development activities surrounding the trees. Proposal to Provide City Arborist Services to the Ciry of Saratoga 4 tLlr. Thomas Sullivan, Ciry of Saratoga David L. Babby, Registered Consulting Arborist February 7, 2002 SECTION VI. REFERENCES The following individuals should be contacted as references for the capabilities and qualifications of David Babby: Mr. Dave Dockter, Planning Arborist Department of Planning and Community Environment City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 650/617-3145 Mr. Barrie D. Coate, Consulting Arborist Barrie D. Coate and Associates 23535 Summit Road Los Gatos, CA 95033 408/353-1052 Mr. William D. Friedmann, Consulting Arborist 364 Pinecrest Lane Sandpoint, ID 83864 208/265-0299 `.J SECTION VII, CORRESPONDENCE INFORMATION All correspondences should be directed to the following: David L. Babby Arbor Resources P.O. Box 25295 San Mateo, CA 94402 Telephone: 650/654-3351 Fax: 650/654-3352 Email: azbonesources@earthlink.net Proposal to Provide City Arborist Services to the City of Saratoga 5 Mr. Thomas Sullivan, City of Saratoga Q O U ~. w .~ O U ti ~.. O ¢, U 0 bA .~ Q,' a~ ~. O W N N Y CC F .~ W ~i H a> f'~ Q = ~L J N H wp F- ~ V ll') f~ N ~ N M IN m H to t!y to ~ ~ N ~ d O O O ~ ~a '~ R y r- N C7 ~ (O aD O i V m H ~ L ~ N ~ . N M tI' ~ O O ~ d' ~ ~ a~°i a` ~ R E W .+ ~ .+ of 7-~ ~ O ~ M ~ O ~ (O ,~ W O > V ~ C N W R ~ G Q ~ N N ~ O M . O ` ~ ' o . m d L O ~ ~ ~ ~ C ~ ~ N ~ ~ N ` r 0 0 ~ ~ ~ ~ ~ N O r N ~ O ~ ~ ~ 7 Z N O O N -y0 L m 0 0 O U r b ~? U V~ h ~ O O ti a a'' o o c d obi a 4 lJ APPENDIX A: CURRICULUM VITAE FOR DAVID L. BABBY u ARBOR RESOURCES _ ~,~fESUO,~t~o~~u~ceo,~~;.~ s ~~ ear DAVID L. BABBY Arboricultural Consultant SUMMARY OF QUALIFICATIONS Mr. Babby has been involved in the study of trees for over eleven years and has held various positions within the azboriculture and forestry consulting industry. He specializes in preparing development impact reports, overseeing development projects, implementing and managing tree service contracts, and preparing urban forestry management plans. Mr. Babby is an Intemational Society of Arboriculture Certified Arborist and a Registered Member of the American Society of Consulting Arborists. He holds a Bachelor of Science Degree in Forestry and Natural Resources Management from California Polytechnic State University, San Luis Obispo. He is also the owner of Arbor Resources and currently serves as a consulting azborist for the City of Campbell and City of Palo Alto. EDUCATION June 1995 Bachelor of Science Degree in Forestry and Natural Resources Concentration: Environmental Management California Polytechnic State University San Luis Obispo; California CERTIFICATIONS AND LICENSURE American Society of Consulting Arborists Registered Member #399 International Society of Arboriculture Certified Arborist #WC-4001 California Licensed Tree Service Contractor #796763 PROFESSIONAL EXPERIENCE 2000 to .Present Arbor Resources Principal Consulting Arborist/Owner San Mateo, California Duties:. Provide professional azboricultural consulting services 'to various private and public organizations. P.O. Box 25295, San Mateo, California 94402 • Email:arborresources@earthlink.net Phone: 650.654.3351 Fax: 650.654.3352 • Licensed Contractor #796763 ARBOR RESOURCES ~.~ fE~~,~t~o.~~u~teo,~~t.~ s ~~ ea~ David L. Babby February 2002 page 2 1998 to 2000 TruGreen LandCaze/Corporate & Commercial Services, Inc. Tree Division Manager and Consulting Arborist San Jose, Sacramento and Santa Rosa; California Duties: Served as consulting azborist and managed all aspects of sales, operations and budgets. Recruited and trained new employees. 1997 Professional Forestry Services, Inc./Croman Corporation Forestry Consultant Mendocino and Sierra Counties, California Duties: Managed all aspects of the company's timber harvesting activities. 1996 to 1997 Pacific, Gas and Electric for Environmental Consultants, Inc. Vegetation Management Specialist and Consulting Arborist Mendocino, Lake and Sonoma Counties; California Duties: Prescribed azboricultural pruning standards, monitored contract specifications, managed herbicide application program, facilitated new employee training and resolved dispute cases. 1995 to 1996 United States Forest Service Timber Sales Administration Assistant and Hydrologic Technician Tahoe National Forest, California Duties: Assisted in managing timber sale and harvest activities occurring on federal lands. Evaluated hydrologic data and obtained stream flow measurements. 1994 to 1995 Califomia Regional Water Quality Control Boazd Timber Harvest Activities Regulator San Luis Obispo and Santa Cruz, California Duties: Reviewed and inspected timber harvest activities for water quality control purposes. Reseazched beneficial uses of inland surface waters and submitted report for purpose of updating region 3 Basin Plan. P.O. Box 25295, San Mateo, California 94402 • Email:arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 ARBOR RESOURCES ~.~fES,~,~t~o.~~LL~eeons~~ s ~~ ens David L. Babby February 2002 page 3 SIGNIFICANT RELATED PROJECTS 2000 to Present City of Campbell, California Consulting Arborist David provides consulting services to the City of Campbell's Public Works Department. He evaluates demolition and construction activities occurring within close proximity of trees and provides recommendations to help mitigate damage. Present City of Palo Alto, California Consulting Arborist David provides consulting services to the City of Palo Alto's Department of Planning and Community Environment. His assignment includes establishing an inventory of trees located within close proximity to various library buildings in the City. He also evaluates the trees' conditions, reviews potential development impacts, prepazes a tree resources map, and advises of feasible building locations and measures for tree protection. ~. 1998 to Present Alta Vista and Williams Avenue, Sazatoga Project Arborist David oversees and evaluates all development activities to achieve preservation of approximately 80 ordinance-sized trees located on the property. 2000 to Present .14221 Saratoga-Sunnyvale Road, Saratoga Project Arborist David oversees and evaluates all development activities to achieve protection of approximately 90 designated trees. An inventory and development impact report was also prepazed for this client prior to commencing activities. 2000 to Present 18500 Twin Creeks Road, Monte Sereno Consulting Arborist David evaluates all construction and landscape activities in order to help protect approximately 160 trees located .throughout this elaborate residential property. P.O. Box 25295, San Mateo, California 94402 • Email:arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor#796763 ARBOR RESOURCES ~~fE~~~r~o.~,.~..~ceons~;,~ & ~~ ear David L. Babby February 2002 page 4 2000 to Present GK Builders, Waverly Street and Addison Avenue, Palo Alto Project Arborist David has prepared development impact reports. of single-family residence developments for this client. He also currently oversees development activities and advises client and City of Palo Alto in the protection of existing Oaks and Redwoods. PROFESSIONAL American Society of Consulting Arborists International Society of Arboriculture National Arborist Association PROFESSIONAL SERVICE 1994 to 1995 President Xi Sigma Pi Forestry Honor Society San Luis Obispo Chapter f P.O. Box 25295, San Mateo, California 94402 Email:arborresources@earthlink.net Phone: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor #796763 APPENDIX B: REPORT OUTLINE FOR DEVELOPMENT IMPACTS REPORT Y._.J David L. Bobby, Registered Consulting Arborist February 7, 2002 REPORT OUTLINE FOR DEVELOPMENT IMPACT REPORTS FOR THE CITY OF SARATOGA SECTION 1.0 INTRODUCTION 2.0 OBSERVATIONS 3.0 . DISCUSSION AND EVALUATION OF DEVELOPMENT IMPACTS 4.0 RECOMMENDATIONS APPENDIX A: TREE INVENTORY SPREADSHEET APPENDIX B: PHOTOGRAPHS APPENDIX C: ASSUMPTIONS AND LIMITING CONDITIONS APPENDIX D: LETTER OF CERTIFICATION APPENDIX E: TREE PROTECTION PLAN Proposal to Provide City Arborist Services to the City of Saratoga Page 1 of 1 Mr Thomas Sullivan, City of Saratoga l._J APPENDIX C: TERMS AND LIMITING CONDITIONS ARBOR RESOURCES " ~~fES,:~~r~ou~~r~.~,cean~ s ~.~ ea~ i TERMS AND LIlVIITING CONDTITONS 1. All information provided by Arbor Resources covers only those items that were examined and reflects the condition of those items at the time of inspection. 2. Arbor Resources cannot provide a guazantee or warranty, expressed or implied, that deficiencies or problems of the trees, plants, or property in question may not arise in the future. 3. Arbor Resources assumes no responsibility for the means and methods used by any person or company implementing our recommendations. 4. No assurance can be offered that if all the provided recommendations and precautionary measures (verbally or in writing) are accepted and followed, that the desired results may be achieved. 5. It is assumed that the property where the inspection or evaluation occurs is not in violation of any applicable ordinances, codes, statutes or other governmental regulations. 6. All information received from the client and/or reliable sowces is assumed to be correct. Arbor Resources cannot guarantee or be responsible for the accuracy of the information provided by others. . 7. The consultantlappraiser shall not be required to attend court or give testimony by reason of information provided unless subsequent written arrangements are made, including payment of an additional fee for such services. 8. Unless otherwise stated, the inspection is limited to visual examination without probing, coring, dissecting or excavating. Arbor Resources cannot, in any way, assume responsibility for any defects which could only have been discovered by performing the mentioned services. 9: Arbor Resources shall not be held liable for any underground utilities (gas, water, cable; electrical, etc.) damaged during excavations, inspections, stump grinding, tracing of surface roots or installation of plant materials. Arbor Resources liability, including indemnification, is hereby limited to the specific conditions, limits, and sublimits of our insurance policies. 10. The information provided by Arbor Resources represents the opinion of the consultant/appraiser and the consultant/appraiser's fee is in no way contingent upon the reporting of a specified finding, conclusion or value. 11. All payment for services rendered is due either upon completion of service or 30 days from receipt of the invoice. Late payments may be subject to an additional chazge. Project: Citv Arborist Services for the City of Saratoea_ California greed Upon By: Date: P.O. Boy 25295. San Mateo. California 94402 • Email:arborresources;aearthlink.net Phonc: 650.654.3351 • Fax: 650.654.3352 • Licensed Contractor ;x796763 i APPENDIX D: SAMPLE REPORT u ARBOR //RESOURCES /J • _ ~LOfEi1l02QL OTC~O'[iC LLLE 11LQe eoaSULEitty & LEE C.QLE A,N ARBORICULTURAL EVALUATION OF THE PROPOSED DEVELOPMENT AT 921 ADDISON AVENUE PALO ALTO, CALIFORNIA Prepared at the Request of: Mr. Dan Somers GK Builders 3110 Stelling Drive Palo Alto, CA 94303 Submitted by: David L. Babby Certified Arborist #WC-4001 Project Approved: May 24, 2001 Site Inspected: May 25, 2001 Report Submitted.• May 31, 2001 Project No. GK.Add01 P.O. Boy 2i29~, San Mateo. California 9~t02 • Email:arborresources~:~earthlink.net Phone: 6i0.65d.335t Fax: 650.65.3352 • Licensed Contractor #796763 David L. Bobby, ConsultingArborist May 31, 2001 COPYRIGHT DECLARATION This report is proprietary to Arbor Resources and may not be copied or reproduced in whole or part without prior written consent. It has been prepared for the sole and exclusive use of the parties to whom submitted for the purpose of contracting services provided by . Arbor Resources. Use for other purposes or by other parties is prohibited. It is agreed that this report along with all copies will be returned to Arbor Resources upon demand. Post Office Bos 25295, San Mateo, California 94402 Phone: 650.571.1593 • Fas: 650.571.1593 • E-mail: dbabby n~.earthlink.net David L. Babby, ConsultingArborist May 31, 2001 SECTION TABLE OF CONTENTS PAGE SUMMARY ....................................................................................... 1 INTRODUCTION ............................:.................................................. 2 Assignment .................................................................................... 2 Scope of Work .................................................................................. 2 Site and Project Description ................................................................. 2 Limits of Assignment ......................................................................... 3 FINDINGS AND DISCUSSION OF SPECIFIC TREES ................................... 4 Tree # 1 ...................................................................................... ... 4 Tree#2 ......................................................................................... 5 Tree #3 .......................................................................................... 6 Tree#4 ............................................................................................ 8 RECOMMENDATIONS ........................................................................ 11 GLOSSARY ........................................................................................ 17 BIBLIOGRAPHY ................................................................................. 18 APPENDIX A: TREE INVENTORY SPREADSHEET .................................... 20 APPENDIX B: ASSUMPTIONS AND LIIVIITING CONDITIONS ..................... 22 APPENDIX C: LETTER OF CERTIFICATION ........................................... 24 APPENDIX D: TREE PROTECTION PLAN ............................................... 26 ii David L. Babby, ConsultingArborist May 31, 2001 SUMiVIARX Two Coast Redwoods (Sequoia sempervirens) and two American Sweet Gums (Liquidambar styrac~ua) were evaluated for this report. Their overall tree conditions range from fair to good. ' I anticipate construction impacts upon tree #3 will be significant. Recommendations to lessen them include the following: (1) utilizing a drilled fi-iction pier and grade beam type foundation where the new foundation extends beyond the existing foundation; (2) reducing the size of the chimney; and (3) cantilevering the chimney outward from the home. Tree #4 will be impacted at a moderate level. Please note that the structure poses somewhat of a risk to public safety. Recommendations include pruning and cabling or removal and replacement. One Sweet Gum (tree #1) requires removal to accommodate the proposed driveway. The other (tree #2) should be removed and replaced with another species more appropriate for growing within a small planter strip and below high voltage electrical lines. When available, the following documents should be reviewed by either the project and/or city arborist: utility installation plan, landscape design plan, and grading plan. u 92I Addison Avenue, Palo Alto Page 1 of26 Mr. Dan Somers, GKBuifders David L. Babby, ConsulBngArborist May 31, 2001 INTRODUCTION Assignment Mr. Dan Somers of GK Builders has retained Arbor Resources to prepare this report in connection with the proposed residential development at 921 Addison Avenue within the city limits of Palo Alto. This report evaluates the potential impacts to existing trees protected by the City of Palo Alto, identifies the trees' conditions, and provides recommendations for minimizing damage to them. Scope of Work To best fulfill the assignment, I performed a detailed ground level inspection of each tree. Health and structural issues were evaluated as well as insect and disease occurrence. Measurements obtained included tree.heightt, canopy spread, and trunk diameter2 at 54 inches above ground level. Please refer to the Tree Inventory Spreadsheet in Appendix A . for a summary of my findings and recommendations for each tree. Trees presented in this report include those protected by the City of Paio Alto. The information reviewed for this report includes a Site Plan and Elevation Plans prepared by Summers & Novick, dated 2-10-01. Each tree's location, number, and approximate canopy dimension are shown on the Tree Protection Plan in Appendix D. Please note the Coast Redwood #2 was not shown on the Site Plan provided to me. I have added it to the plan and its location should not be construed as being surveyed. Site and Project Description There is one single-family home (921 address) and one cottage (919 address) on this relatively flat site of approximately 0.226 acres. The home is located at the front of the property and the cottage to the rear. Development plans propose to demolish the existing structures and construct atwo-story, single-family residence of 3,696 square feet. Trees evaluated for this report include two Coast Redwoods and two American Sweet Gums. The Redwoods are located towards the property's front, along the home's north side. The Sweet Gums are located on City of Palo property, along a 10-inch wide planter strip between the sidewalk and Addison Avenue. ~ A clinometer device was used to measure tree height. z All tmnk diameters were measured using a metal diameter tape. 921 Addison Avenue, Palo Alto Mr. Dan Somers, GKBuilders Page 2 of 26 David L. Bobby, ConsultingArborist May 31, 2001 Limits of Assignment This report does not include tree appraisals, real estate appraisals, or real estate assumptions other than those indicated. The trees were visually inspected from the ground only. Soil and tissue lab analyses were not performed. The root collars were examined visually with no excavation performed. The assignment pertains solely to the trees specified in this report. I hold no opinion. towards other trees on or surrounding the property. Plans of the existing structures were not available at the time of this report. f.~.J 921 Addison Avenue, Palo Alto Page 3 of 26 :1dr. Dan Somers; GKBuilders David L. Bobby, ConsultingArborist May 31, 2001 FINDINGS AND DISCUSSION OF SPECIFIC TREES All recommendations presented in this section are generalized and do not necessarily contain sufficient details to properly implement. For a detailed description of recommendations, please refer to those presented in the "Recommendations" section. Figure 1. Tree #1: American Sweet Gum (Liquulambar styraciflua) Diameter = 8.1 inches Estimated Height = 21 feet Canopy spread = 18 feet Health rating = 1 (1=excellent, 5=very poor) Structure rating = 3 (1=excellent, 5=very poor) Observations This tree, shown in Figure 1 above, is located below high voltage electrical lines (12kv) and along a 10-inch wide planter strip between the sidewalk and Addison Avenue. It appeazs in optimal health with a fair structure. I observed where the central leader was removed from the tree some time ago, perhaps to control upright growth towards the overhead electrical lines.- This type of pruning can be expected to continue in the future, and as a result, the tree will never achieve a natural struchue. Discussion of Development Impacts Severe impacts are anticipated as a new driveway is proposed for installation within several inches from the trunk. As a result, it should be removed. I recommend removing and replacing this tree with a species more appropriate for growing below high voltage electrical lines and within a narrow planter strip. It should be slow growing and not exceed 15 to 20 feet in height at maturity. Please note that I do not encourage relocating this tree to another location on the property. Its chance of survival would be low and certain characteristics, such as its aggressive and invasive root system, make this tree a less than desirable choice for the property. 921 Addison Avenue, Palo Alto Page 4of26 Mr. Dan Somers, GKBuilders David L. Babby, ConsultingArborist - May31, 2001 Figure 2. Tree #2: American Sweet Gum (Liquulanebar styrac~ua) Diameter = 6.7 inches Estimated Height = 25 feet Canopy spread = 16 feet Health rating = 1 (1=excellent, 5=very poor) Structure rating = 2 (1=excellent, 5=very poor) Observations This tree, shown in Figure 2 above, is also located along the planter strip and below high voltage lines. It appears in optimal health with a good structure. Discussion of Develoament Imaacts The only impacts anticipated for this tree is possible utility installation as well as landscape installation and maintenance. I recommend this tree be removed regazdless of construction for the following reasons: it will never achieve a natural structure at maturity due to the overhead electrical lines, its trunk will eventually outgrow the ~lanter azea, and its aggressive root system will likely damage the surrounding hazdscape. Similar to tree #1, I encourage replacing this tree with another species more appropriate for growing below high voltage electrical lines and within a narrow planter strip. This new tree should be slow growing and not exceed 15 to 20 feet in height at maturity. ' Sweet Gums can achieve a height of 75 feet and do not perform well in small spaces (T'he Chicago Botanic Garden, The Holden Arboretum, 1996). 921 Addison Avemre, Palo Alto Page S oj26 Mr. Dan Somers, GKButlders David L. Babby, ConsultingArborist ,day 31, 2001 Figure 3. Tree #3: Coast Redwood (Sequoia sempervirens) Diameter = 32.2 inches Estimated Height = 75 feet Canopy spread = 30 feet Health rating = 3 (1=excellent, 5=very poor) Structure rating = 1 (1=excellent, 5=very poor) Observations This tree, shown in Figure 3 above, is located near the northeast corner of the existing home. It appears somewhat water stressed but in fair to good health. It has a normal structure comprised of one trunk. Discussion of Development Impacts Demolition The structures that require demolition within the tree's dripline include an existing home approximately 8 '/: feet to the south of the trunk's closest edge, a staircase within one-foot of the trunk, and a walkway leading from the staircase to the sidewalk (see Figure 4). Demolition of these structures is anticipated to impose moderate impacts upon the tree. To minimize them, I suggest removing the staircase and walkway by hand. Furthermore, the portion of home located below the canopy must be removed either by hand or a small rubber-tired tractor. After removing the foundation, I suggest placing approximately four- inches ofnon-compacted soil over the exposed root area. Foundation To my understanding, the home's new foundation will be constructed with spread footings located approximately six-feet from the trunk's closest edge. This is approximately 2 '/z feet closer to the trunk than the existing home is now and would remove an •estimated 20 percent of the total root mass. I consider this potential root loss significant and must be mitigated to achieve a reasonable assurance of tree survival. Recommendations include using adrilled-friction pier on-grade beam foundation, deep root fertilizing, and watering before and during construction activities. 921 Addison Avenue, PaloAfto Page 6 of26 Mr. Dan Somers, GKBuilders David L. Babby, ConsultingArborist May 31, 200/ Chimney Plans propose construction of a three by fow-foot long, 25-foot tall chimney at four-feet from the trunk. I estimate construction will damage about 5 to 10 percent of the roots and remove an estimated 20 percent of the foliage (see Figure 5). To lessen impacts, I suggest redesigning the chimney so it cantilevers outwazd from the home and is no closer than five-feet from the trunk's closest edge. I also suggest temporarily placing four-inches of organic composted material covered by plywood over the azea where the. chimney will be constructed. Drainage Displacement of water towazds the trunk could negatively impact tree health and must be avoided. Landscaping I understand that landscape plans have not been completed and the landscape design may be left to new owners or occur at a later date. Please note that impacts associated with landscape installation account for a large majority of tree deaths. Additionallmpact Considerations Consideration must also be given to impacts that may have already occurred, such as the installation of the driveway located on the neighboring property approximately three feet north of the trunk. Assuming that installing this driveway caused some root damage, it will be important to minimize impacts from the proposed development as much as possible in order to promote tree survivability. Tree #3 Existing Home Staircase Walkway Figure 4. Photograph of the home's north side (facing west) that identifies those structures requiring demolition. 92I Addison Avenue, Palo Alto Page 7 of 26 Mr. Dan Somers, GKBuilders David G. Bobby, ConsultingArborist May 31, 2001 Figure 5, Photograph is taken facing upward towards tree #3's canopy. Much of the foliage seen, including the two large branches, will require removal to accommodate the chimney. Figure 6. Tree #4: Coast Redwood (Sequoia setnpervirens) Two stems that comprise the structure. eter = 28.4 inches sated Height = 65 feet spy spread = 22 feet h rating = 1 (1=excellent, 5=very poor) tuts rating = 3 (1=excellent, 5=very poor) Page 8 oj26 921 Addison Avenue, Palo Alto Mr. Dan Somers. GKBuilders David L. Babby, ConsultingArborist May 31, 2001 Observations This tree, shown in Figure 6, is located approximately 18 '/z feet due west from tree #3. It appeazs in excellent health as shoot growth is normal, foliage color optimal, and interior deadwood amounts minimal. Its structure, on the other hand, presents some concern. At an estimated 15 feet from ground level, the main trunk divides into two codominanta leaders of equal diameter, one growing towazds the east and the other to the west (see Figure 6). Over time, the height,. spread, and weight of the stems will increase the stress at their attachment.5 As a result, the tree poses a greater risk of splitting apart than if only one trunk comprised it. Please note that my observations of the attachment area were from the ground only, in which I observed a fairly stable attachment area with no included bark.b I suggest the area be inspected close up for further signs of decay or structural defects. Discussion of Develaament Impacts Demolition Several structures were observed within the dripline that will require demolition. These include an existing home located approximately 8 '/z feet south of the trunk's closest edge and a small tool shed at an estimated 10 feet from the trunk. Demolition of these structures is anticipated to cause minor to moderate impacts. I suggest removing the shed by hand and the portion of home located below the canopy either by hand or a small rubber-tired tractor. After removing the foundation, immediately place approximately four-inches of non-compacted soil over the exposed root azea. Foundation To my understanding, spread footings will be constructed eight-feet from the trunk's closest edge. This is at the approximate canopy edge and I anticipate minor to moderate impacts. Mitigation measures include deep root fertilizing, watering before and during construction activities, and hand digging for the.foundation located within the dripline. Landing for the Dining Room The landing for the dining room azea will be two-feet from the trunk's closest edge. I regazd this as being a moderate impact and suggest reducing the landing in size so it is at least six-feet from the trunk's closest edge. The landing must also be installed on-grade and consist of pervious materials, such as pavers. Please refer to the "Recommendations" section for more detailed specifications. ° Equal in size and relative importance (Matheny and Clark). s Barris, Clark and lvratheny, 1999. e Pattern of development at branch junctions where bark is turned inwazds rather than pushed outward (Matheny and Claris, 1994). It is often called embedded bark and poses weak attachments. 9Z1 Addison Avenue, Palo Alto Page 9 oj26 Mr. Dan Somers; GKBuilders David L. Bobby, ConsultingArborist May 31, 2001 Drainage Displacement of water towards the trunk could negatively impact tree health and must be avoided. Landscaping I understand that landscape plans have not been completed and the landscape design may be left to new owners or occur at a later date. Please note that impacts associated with landscape installation account for a large majority of tree deaths. Additionallmpact Considerations Consideration must also be given to impacts that may have akeady occurred, such as installation of the driveway located on the neighboring property approximately three-feet north of the trunk. Assuming that installing this driveway caused some root damage, it will be critical to minimize impacts as much as possible. When assessing the most prudent course of action for a tree, I feel the potential harm caused to public safety and property must be considered. Upon examining the tree and carefully analyzing my findings, I conclude that the tree presents a potential risk to surrounding property and people occupying the area, a risk that will likely increase as the tree continues growing. To lessen this risk, I suggest implementing one of the two following options: Ootion 1: Tree Preservation and Mitigation. This option reduces the risk associated with the tree's structure by shortening the less-dominant western leader by approximately 10 feet and installing a support cable between the two leaders. Option 2: Remove and replace the tree. This option eliminates the tree's risk. Following project completion, I suggest replacing the tree with one of equal monetary value. An appraisal value of the existing tree can be provided upon request. 92I Addison Avenue, Palo Alto Page 10 oj26 Mr. Dan Somers, GKBuilders David L. Babby, ConsultingArborist May.31, 2001 RECOMMENDATIONS Tree Protection Fencing The single most important treatment for protecting trees is to install sturdy temporary fencing prior to any development activity occurring on the site. For this project, I recommend installing afive-foot high chain link fence with two-inch posts driven two feet into the ground every 10 to 12 feet. It should be located at the trees' dripline (canopy edge) or as indicated on the "Tree Protection Plan" shown in Appendix D. Once established, the fence should not be disturbed and must remain in place throughout the construction process, to include all landscaping, grading and trenching activities. Because many trees have roots well beyond the dripline, place the fence beyond the dripline whenever possible. 2. The protection fence should be established no further than 1 '/2 feet from the proposed footprints, beginning from the sidewalk and ending at the small tool shed. To accommodate hand demolition of the staircase, small tool shed, and walkway on the north side of the fence, a section of fence parallel to the sidewalk will remain temporarily open. Upon removing those structures, close the open section along the sidewalk and extend the fence beyond the dripline of tree #4 by at least five feet. 3. To accommodate construction of the chimney, the fence will require expansion only in the area necessary. It should be installed in a rectangle fashion no further than 1 '/z feet from the chimney. I also suggest placing two inches of mulch and plywood over the ground that the chimney will be cantilevered over. 4. Signs of a minimum of 18 square inches must be prominently displayed on the fencing with the following wording clearly visible: WARNING This fence shall not be removed or relocated without written authorization from the City of Palo Alto Planning director. Violators will be prosecuted and are subject to fines according to City Code 8.10.110. 5. Unless otherwise noted, all development activities must be conducted outside the fenced areas and no materials shall be stored or vehicles being parked within the areas. No alteration to the original soil grade shall occur within the protected areas unless otherwise noted in this report. 6. Prior to fence installation, an on-site meeting should be arranged with the project arborist to mark its specific location. 7. If for any reason, temporary access beyond the approved fencing location is necessary, the project arborist should be contacted at least three days prior and made aware of the situation. ' Harris, Clark, Maiheny, 1999. 921 Addison Avenue, Palo Alto Pagel ] of 26 Mr Dan Somers, GKBuilders David L. Babby, ConsultingArborist May 31, 2001 Project Arborist 8. To promote survivability of the protected trees, the project should be inspected each month by an arborist certified by the International Society of Arboriculture (ISA) and continue through the life of the project. A letter describing pertinent observations and recommendations should coincide with each inspection and be sent to GK Builders and the City of Palo Alto's planning arborist. Root Severance Guidelines 9. The following guidelines should be followed whenever damage to any root over two inches in diameter occurs: a. Immediately cover the root with a board or burlap and keep moist until step "b" can be performed. b. Cut the damaged root(s) clean with a hand or chainsaw and immediately wrap the root end with a plastic bag secured with tape or rubber bands. Backfill with soil as soon as possible. Whenever possible, cut the root back to a lateral (side) root. 10. Due to the close proximity of the existing and future home's footprints to the trunks, root severance will be required and the project arborist should be involved in every aspect of this process. Demolition of Existing Structures 11. The removal of concrete below the canopies of any trees must be performed using a small rubber-tired tractor or by hand (large equipment can seriously damage roots). Upon removing the concrete, apply three to four inches of non-compacted soil over the newly exposed area within the Redwoods driplines. This must occur within the same day and the soil should be wet down thoroughly. Please note that great care should be taken not to damage any roots lying just beneath the .concrete surface. Root severance guidelines must be followed should any roots become damaged. 12. I observed several pipes that originate below the ground are attached to the home. To avoid unnecessary root damage, I recommend abandoning their portion below ground if they are located outside the home's footprint. If they are within, they must be removed by hand. 13. Remove the staircase, walkway, and small shed located below -the Redwoods by hand. A small rubber-tired tractor should not be used in the area north of the protection fence. Be careful to not disturb the original grade. Under no circumstances should the area along the north side of the protection fence (closest to the trunks) be scraped or graded. 14. During the demolition process, retain all dead and fallen foliage located below the canopies. This foliage is approximately one to two inches deep and serves as effective mulch material. 921 Addison Avenue, Palo Alto Page 12 of 26 :dlr. Dan Somers, GKBuilders David L. Babby, ConsultingArborist May 31, 2001 Foundation 15. Use drilled friction pier and grade beam foundations for the azea beyond the existing foundation and below tree #3's dripline. Place the piers as far away from the tree's trunk as possible and install the grade beam forms as shallow as possible; we recommend no deeper than six inches below ground level. Equipment utilized to drill piers within the dripline should be rubber-tired. If roots aze encountered or difficulty arises during drilling, the process should stop immediately and the hole relocated to either side. Soil that is removed for excavation should not be stored within the dripline of any protected tree at any time. Any digging for the foundation below a Redwood's canopy must be performed by hand. 16. Concrete pumping equipment should be carefully positioned and operated so damage to trees does not occur. Please note that the articulating arm on this equipment can significantly damage trees. 17. Do not dump any concrete residue, chemicals, solvents, etc. on site. If any are accidentally spilled, they should be removed and properly disposed of as soon as possible. Root Zone Protection for Redwoods 18. Prior to demolition activities, place three to four inches of organic composted material within the dripline azea of the Redwoods. The existing dead and fallen leaf debris from the trees can be used for this purpose. Be sure not to stack the more than four inches of material and keep two feet away from the trunks. Chimney Installation 19. The proposed chimney.on the home's north side should be redesigned to cantilever over the ground from the home's footprint. I also recommend redesigning so its structure is no closer than five feet from tree #3's trunk (closest edge). Landing and Walkways 20. The landing and any walkways proposed below canopies of protected trees should be installed on grade and consist of pervious materials. The area beneath the landing and walkways should not be compacted beyond 70 to 80 percent and should consist of a sand sub-base or Class II base rock material that contains no fines with the depth not exceeding four inches. 21. Construct the dining room landing no closer than six feet from tree #4's trunk (closest edge). The materials and specification used should be the same as described above in line item #20. 921 Addison Avenue, Palo Alto Page l3 of 26 ,~Ir. D'an Somers, GKBuilders David L. Babby, Consulting Arborist May 31, 2001 Tree Removals 22. For reasons discussed earlier in this report, I recommend removing and replacing the two Sweet Gums (trees #1 and #2). General Tree Services 23. All tree services should be performed under. the standards established by the International Society of Arboriculture, National Arborist Association, and the American National Standards Institute. The work should be supervised by an ISA Certified Arborist or Tree Worker and not undertaken by construction persormel. Accidental damage to trees should receive immediate attention. Prunin All pruning should be performed prior to commencing development activities. Pruning will consist of clearing for the future home and chimney, removing any deadwood, and raising the canopy as necessary. Should retention for tree #4 be chosen, shorten its western leader by approximately 10 feet. Fertilization On May 29, 2001, deep root fertilization was performed on the Redwoods in an effort to boost their viQOr prior to potential root loss. Cable Support Should tree #4 be retained, I suggest installing one cable support between the two leaders at approximately two-thirds the length from their attachment. The hardware recommended for use includes through bolts and anion nuts and the wire should be extra high strength of '/4 inch minimum in diameter. This cable and leader attachment area should he inspected every two years. Tree Removal Should tree #4 be removed, great care should be taken to not damage surrounding trees planned for retention, such as tree #3. The stump should also be ground as opposed to being pushed over with large equipment. If uprooted, nearby trees will be damaged. The removal should be replaced with a tree of similar monetary value. Soil Fill or Removal Within Root Zones One of the most important guidelines to follow when constructing near trees is to not disturb the ground surface below the canopy unless otherwise discussed. 24. When adding new fill to any root zone, care should be taken to assure that it is no deeper than four inches. This fill should be native to the site, not compacted, nor placed within ten feet of any trunk. If compaction is necessary, 70 to 80 percent should be the maximum allowed. 921 Addison.4venue, Palo Alto Page 14 oj26 Mr. Pan Somers, GKBuilders David L. Babby, ConsultingArborist May 31, 2001 25. It is important to remember that removing soil below a protected tree's canopy could cause serious damage. If soil must be removed, I recommend removing no more than four inches and performing the work by hand. If roots lazger than two inches in diameter are encountered during the process, root severance guidelines must be followed. Watering 26. Provide supplemental watering to each Redwood two weeks prior to commencing development activities and continue through the dry summer months or as otherwise specified. A dry month can be described as receiving less than one inch of rainfall. The water should be applied to the outer one-half of the root canes through soaker hose(s). The rate of application should be ten gallons per inch of trunk diameter every two weeks. This amount may be adjusted to five gallons per inch due to the small root growing space. The length of time required for application can be determined by testing the output of the soaker hose, which can be. done by placing the installed soaker hose inside afive-gallon bucket and monitoring the time it takes to fill. The soaker hose should remain on as long as it takes to provide the necessazy water and wet the soil to a depth of twelve inches. Utility Installation 27. Prior to utility installation, the project or city azborist must review plans for their proposed location. The utilities should be located a minimum distance of 10 feet outside the canopies of protected trees. Where this is not possible, we recommend tunneling the utilities by at least 4'/z feet below ground. Fence Installation 28. Should the wood fence located along the northern property line be removed and replaced, it must be done so without causing root damage to the Redwoods. The new posts should. be installed at the same locations as the existing fence or as far away from the trunk as possible. If at any time large roots aze encountered during installation, relocate the posts to either side. Landscape Design Guidelines and Considerations 29. Landscape installation and ongoing maintenance is one of the leading causes for tree decline and death. Many times, trees will survive the construction process but will decline significantly due to the landscaping. The landscape design for this project should incorporate low water use plants for planting below the canopy of the Coast Redwoods. A publication of compatible plants can be obtained from the California Oak Foundation, 1212 Broadway, Suite 810, Oakland, CA 94612. 921 Addison Avenue, Palo Alto Page IS of26 9dr. Dan Somers, GKBuilders David L. Babby, ConsultingArborist May 31, 2001 30. Additional recommendations include: a. Irrigation near Redwoods should be low volume drip or laser line. This can be placed on grade and covered with mulch. b. Lawns or stone products should not be located below the canopies of the Redwoods. c. Irrigation heads should be directed away from the trunks, including those areas where turf is proposed. d. Landscape trenching should be outside the dripline of each tree. If inside,-the trenches should be no closer than ten times the trunk diameter. Trenches below the canopy should be no less than fifteen feet from other trenches. e. Avoid placing fence anchors in close proximity to tree trunks. f. Assure that roof drainage is directed away from trees. g. When selecting trees for installation, anticipate their height and spread at maturity. h. Contact an ISA Certified Arborist to review the landscape design before implementing. i. Do not install impervious materials, such as roads and walkways, where they will impact more than twenty percent of the ground below the canopy. j. When designing walkways below canopies, use pervious materials, such as interlocking pavers, whenever possible. k. Make sure that the tree's requirements are fully recognized during design, construction, installation and maintenance of landscape General Construction Guidelines 31. The following are general construction guidelines not previously mentioned: a. Do not use tree trunks as a winch support in demolition or for, moving and lifting large loads. b. Grade and trench in lines radial to trees rather than tangential. If roots are encountered while trenching, follow root severance guidelines. c. In azeas near or under trees where soil compression has occurred from operation of heavy equipment; aerate (fracture) soil as quickly as practical. 921 Addison Avenue, Palo Alto Page 16oj26 Mr. Dan Somers, GKBuilders David L. Bobby, ConsultingArborist May 37, 2007 GLOSSARY Canopy The part of the crown composed of leaves and small branches. Clinometer An instrument that measures the angle of inclination or elevation. Codominant Stems equal in size and relative importance that form the upper tree canopy. Decay Decomposition of tissues due to either bacteria or fungi. Dripline The width of the canopy, as measured by the lateral extent of the foliage (Matheny and Clazk, 1994). Foliage The leaves and branches of a tree. Included Bark Pattern of development at branch junctions where bazk is turned inwazd rather than pushed out (Matheny and Clark, 1994). It is often called embedded bazk and causes weak attachments. Leader A main stem of the tree that contributes significantly to a tree's canopy. Root Collar The area at the tree's base where the main roots and trunk emerge. Species A group of plants or trees that contain similar characteristics. Generally speaking, different types of trees are different species. Vigor Relates to the tree's ability to remain healthy and thrive under particulaz stress. 921 Addison Avenue, Palo Alto Page 17 oj26 Mr. Dan Somers, GKBurlders David L. Babby, ConsaltingArborist May 31, 2001 BIBLIOGRAPHY 1. Harris, R.W., Clark, J.R., and Matheny, N.P. 1999. Arboriculture: Integrated Management of Landscape Trees, Shrubs, and Vines, Third Edition. Prentice-Hall, Inc. Upper Saddle River, New Jersey. 2. Matheny, N.P. and Clark, J.R. 1994. Evaluation of Hazard Trees in Urban Areas, second edition. International Society of Arboriculture. Urbana, Illinois. 3. Chicago Botanic Garden, The Holden Arboretum. 1996. Trees. Pantheon Books. New York. 921 Addison Avenue, Palo Alto Mr. Dan Somers, GKBuilders Page I8 of 26 Davrd L. Bobby, ConsultingArborist May 31, 2001 APPENDIX A: TREE INVENTORY SPREADSHEET 911 Addison Avenue. Palo Alto Page 19 of 26 ,14r. Dan Somers, GKBuilders g N N 9 ~a L a ua 7 ri C F O ~ h a~ azgyraj ~a; a~npei j I!oS (NessaoaN #) yoddnS alQe~ papuewwmaa lenowaa papuawwooaa Bulurud yy6!aM Pu3 pooMpea4 walgad aseas!4 walgad ~oasul (s)al;tied ,(eaaQ JUN paung ~ello~ 10021 (pa;ed!ol;uy auoN= 'y61H Nan_;) sioedwl pasodad ;uawdolanap goy anowaa ood Nan=g ';uapaox3=; :ainlotilS good Nan~'luall~x3=l ~4AeaH (lacy) pea~dg,(doue~ (laal) u;6!aH (sayoul) apei6 anoq sayow qg ~ s,a;awelp wail-ylnyq (sayow) apw6 anogesayou! qg ~ ~a;awe!p b m Zy m F- E z E ~j o H ~x r °a x c E 6 v m E m e: x E v o' x m n l7 O N U C H~ N a E ~g N c E~ Q m 0 E E~ 6 x a X ~ g 8 N m C 8 L d V c m ~x E 5 ~ G O g n n o N m ~a o O L d O C O a o ~ C C of c `m $ E N mE L b c E a~ ~~ i ~ iw w J m 9 M C O 3~ m z, ~ n m 4 Y m C ~ S W ~ o a '~ o „mm. m ~ v a6 $ N p 0 Q N O m H L ~ ~ c° m N w W x y c p ~ m b .m- ... 0 ~ N m E o h a`o c E 0 U m U M E ~ o tD ° m a a 0 ~_ _$ m m E L H m o ~ ~J Y 8 j m} a E `m ,°t a C N C m m E E g a c° N C - m 9 m v u ~ u ~ ~ > n m E a- c O m m~ E ~ $ °c N ~ r N mm m> c y ~ m ` o m C V ~ Y W m y m ~6s r~~ mb$ E ~ tB ~ ~ ~ ~@ v' E W ~ m C N - A 0 m o E ~ t L C C N A ~ % W j O~ ~ m Z p g QT 6 y c E~ m ~ s m m 2 f m o y e ~, E °' ~ E `s U U ~ Q E o h b a QO a David L. Bobby, ConsulbngArborist May 3I, 2001 APPENDIX B: ASSUMPTIONS AND LIMTTING CONDITIONS 921 Addison Avenue, Palo Alto Page 21 of26 ;t1r. Dan Somers, GK Builders David L. Babby, ConsultingArborist May 31, 2001 APPENDIX C: LETTER OF CERTIFICATION `_~ 921 Addison Avenue, Palo Alto Mr. Dan Somers, GKBuilders Page 23 of 26 David L. Babby, ConsultingArborist May 31, 2001 LETTER OF CERTIFICATION - I, David L. Babby, state the following to be true and correct: ^ I have personally evaluated the subject matter discussed in this report and believe the findings, conclusions and recommendations are accurate and best describe the likely outcome. To the best of my knowledge, I certify the information to be true and correct. ^ I have no personal bias or interest with respect to the parties involved, subject matter evaluated or outcome of the report. ^ All material discussed within this report .aze the opinions of myself and were construed through the use of commonly accepted and practiced arboricultural standards. ^ My compensation is by no way contingent upon the outcome of findings, values, or conclusions presented in my report. ^ I am an International Society of Arboriculture Certified Arborist #WC-4001 and am a member of the American Society of Consulting Arborists. I hold a Bachelor of Science degree in Forestry and Natural Resource Management from California Polytechnic State University, San Luis Obispo, and have been involved in the study of trees for over eleven years. Signed by: Date ~~ 921 Addison Avenue, Palo Alto Page 24 of 26 111r. Dan Somers, GKBuifders David L. Gabby, ConsultingArborist May 31, 2001 APPENDIX D: TREE PROTECTION PLAN 921 Addison Avenue, Palo Alto :Llr. Dan Somers, GKBuilders Page 25 of 26 ATTACHMENT 4 Deborah Ellis, MS Consulting Arborist 8 Horticulturist .~uw+ce. wue 19&t Thomas Sullivan Director of Community Development City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 February b, 2002 Re: City of Saratoga City Arborist Services -Request for Proposal Dear Mr. Sullivan: I am submitting this proposal for the position of Saratoga City Arboris#,. as requested in your RFP of January 2002. Background & Capabilities: I am an independent consulting arborist & horticulturist in business since 1984. I trained specifically while in graduate school to do the consulting work in horticulture and arboriculture that I offer as my primary business service. In addition, I am the consulting arborist to the Town of Los Gatos and was just awarded a contract to be the consulting arborist for the City of Monte Sereno. I am a resident of Saratoga and a 40-year resident of the Bay Area, and have lived in the San Jose/Saratoga are for the last 20 years. In addition to working with trees, I am qualified to work with all types of plants including turf, interiorscapes and theme gardens. I also have a great deal of experience with general landscape design and construction. I feel that I am well qualified for the position that you describe. Direct.Relevant Experience: As a consulting arborist I have worked in many significant construction projects in the City of Saratoga including the reconstruction of the Villa Montalvo Arboretum pathway (1990), protection of the (since removed) old Eucalyptus trees during the Saratoga School renovation (1997-1999), and construction of the Villa Montalvo Artist Residence units (2000 - current). I have enclosed my business brochure, curriculum vitae and a reference list for your information. As the Town Arborist for Los Gatos, I review, analyze and comment on development project plans relative to trees, prepare technical analyses and reports, conduct peer review of outside arborist reports and attend meeting as requested. I provide opinions on tree removal requests, diagnose tree and plant problems and make recommendations on their treatment. I also review the general landscape plans for these projects in the same manner. I will be revising the Los Gatos Tree Ordinance. I also worked on the revision of the Los Gatos Hillside Development Standards. I provide • recommendations to the public works and parks departments of Los Gatos relative to new tree planting and landscaping and will be working on the master plan for Los Gatos Boulevard, relative P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net City of Saratoga City Arborist Services -Request for Proposal. D. Ellis, 2/6/02. Deborah Ellis, M Consultlng Arborist & Norticufturl ~cur'ca. w,ce 1984 S st . to new tree planting there. I assist in any tree or landscape projects or concerns, as requested. I will be doing similar work, although to a lesser extent, for the nearby small City of Monte Sereno. Resumes of all Staff the could be used to accomplish the duties of City Arborist: I am a sole proprietor and do-not have employees. All correspondence should be directed to me. At times I do subcontract out small amounts of work (usually laboratory analytical) to allied professional consultants such as: Soil & Plant Laboratory of Santa Clara, 408-727-0330 Plant Disease Diagnosis of Walnut Creek, Luellen Pierce, 925-937-3841 As a local backup arborist while I am away on vacation, I often use: • Gil Mitchell, Tree Health Professionals, 408-871-3040 Barrie Coate, Barrie Coate & Associates, 408-353-1052 Both of the above are certified arborists and are also Registered Consulting Arborists with the American Society of Consulting Arborists, as am I. A description of any honors or awards received for similar work done by the firm: I was awarded a Resolution ofResolution of A~~reciation by the City of Campbell Plannin~Department for my voluntary work as an Advisor to the Site and Architectural Review Committee of the Planning Commission, February 1986 through March 1989. During this appointment I encouraged the use of xeriscape principles in providing drought-tolerant plant materials and irrigation systems through suggestions to projects proposed in Campbell, and also advised in general tree and landscape matters. Schedule of Fees of Hourly Rates Charged by the Consultant: I have enclosed my-2002 fee schedule for your review. Please note that I offer discounts both for prepayment, and also to good customers after $5000.00 of on-time payments. An estimate of the number of hours needed to review development proposals, conduct a site investigation and prepare a report: This depends-upon the size and complexity of the project. For my work in the Town of Los Gatos most building permit applicants are required to provide the City with a deposit of $1500.00 for my work. On smaller projects sometimes only $500.00 is required. On many small projects where there are only one to a few trees, I often do not accrue the entire $500.00. The $1500.00 amount seems to cover most "moderate" sized projects, that is, projects where there are between 25 and 50 trees. On some projects my time will run over the limit that the Planning Department has asked the applicant for, and I will apply for additional funds. P.O. Box 3714, Saratoga, CA 95070-1 7 1 4 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net City of Saratoga City Arborist Services -Request for Proposal. D. Ellis, 2/6/02. Deborah Ellis, MS Conwltlng Arbarlst & HortlcuHurlst Sample Arborist Report for a Proposed Addition to a Single Family Dwelling: I have attached a report I did recently for an addition that will be made to asingle-family residence in Palo Alto. I am also the inspecting arborist for this project, and made tree protection inspections before demolition and at rough grading. I will continue to make monthly inspections until the " project is completed. After each inspection I provide a Tree Protection Inspection Report to the City contact (City Arborist Dave Dockter, 650-617-3145), the owner and the general contractor. Provision of any other information that may assist the City in ascertaining qualifications: I have provided the following: Business brochure Curriculum vitae (dated January 31, 2002) Reference list My website has additional information. The address is: htto://www.decah.com If you send me an email I will send you a link to an online photo album from a project I am currently working on. I usually set up online photo albums for the projects that I work on, so that planners and other interested parties can have access to a large number of photos of the trees and landscaping at a development site. These photos can be shown as a slideshow to large audiences with a computer projector. Thank you for the opportunity to provide you with this proposal. Please call me if you have any questions. Sincerely, ' ~l ~ ~~~'~ ~~~~ Deborah Ellis, MS. Consulting Arborist & Horticulturist W.C.I.S.A. Certified Arborist #457, ASCA Registered Consulting Arborist#305, ACFE #14370 P.O. Box 3714, Saratoga, CA 95070-1 7 1 4 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Qeborah Ellis, MS Consulting Arborist 8 aortlculturist References for Deborah Ellis. February 2002 in the aspect of Development & Tree Protection City Planners at Town of Los Gatos: Suzanne Davis, Associate Planner, 408-354-6875, Bud Lortz, Director of Planning, 354-6872. City Planner: Whitney McNair, City of Mountain View Planning Department. 650-903-6306. Whitney is familiar with my arborist reports for development projects, and also has received my Tree Protection Inspection Forms that I fill out after I complete a tree protection inspection. City Planner: Eric Pearson, City of Saratoga Planning Department. 408-868-1200. Same as above, in Saratoga. -Eric is familiar with my work in the Villa Montalvo Artist Residency construction project. City Arborist: Bill King, Mountain View City Arborist. 650-903-6326. Bill is familiar with many of the development projects I have been the consulting arborist for in Mountain View. Consulting Arborist/City Arborist: Barrie Coate. 408-353-1052. Barrie is the City Arborist for Saratoga and has reviewed many of the arborist reports I have done for that City. Barrie is also familiar with my work in the supervision of tree protection in projects in Saratoga. Commercial Developer: Perry Palmer, Keenan Lovewell Ventures, Palo Alto. 650-614-6224. I have worked with Perry in Keenan Lovewell's many large commercial office park projects in Mountain View, such as the Netscape Campus. Historic Property/Project Manager: Connie Vieavx-Jackson, past Operations Manager, Villa Montalvo Association. 408-961-5829. Connie was my contact for the first two years of the Villa - Mon#alvo Artist Residence construction project. Amy Green is the new Operations Manager at 408- 961-5811. Landscape Architect: Tim Hoagland, Hoag-Land Design (Landscape architect in Los Gatos). 408- 354-9509. I have worked with Tim in many projects involving development and remodeling in Los Gatos, and have submitted several arborist reports through him. Private Developer: Brett Moxley, Moxley Properties, San Anselmo. 415-517-5707. Earlier this year I worked with and prepared an arborist report for Brett as he was in the process of applying for a subdivision permit for amulti-acre hilly parcel in the Cupertino Hilis. School District: Mary Gardner, Saratoga Unified School District Superintendent. 408-867-3424. Mary is familiar with the work that I did in the preservation of historic Eucalyptus trees at during the school renovation from 1998 to 2000. I worked with the City, school district and private citizens in this highly political matter. P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net FEE SCHEDULE (Rates effective 1/1/2002, revised annually each January) Deborah Ellis, MS. Consulting Arborist & Horticulturist. Box 3714, Saratoga, CA 95070. 408-725-1357. Email: decah@pacbell.net. Web site: http://www.decah.corr LABOR RATES: (billed in increments of 5 minutes, 10 min. minimum) A completed and signed work authorization/contract is required prior to work. $100 minimum perjob, woived for continuing good clients. New clients or continuing clients with tote payment record are usually requested to prepay or present a deposit at beginning of work. • REGULAR (non-legal case) OFFICE &OUT-OF-OFFICE WORK: 100.00 /hour. • Travel time''/s the above rate ($50.00 /hour). There is no charge for mileage. • LEGAL CASE WORK • Anon-refundable retainer of $2000 is required to begin work refillable by $1000 deposits when 80% of the original amount (1600.00) accrued. • Regular office & out-of-office work & travel time: $150.00 /hour. As a consulting expert, I work with attorney or client at time and materials plus expenses. The work product is privileged and confidential. • Depositions & testifying: $200 /hour. As a testifvina expert, I work only for the attorney. • RUSH WORK or AFTER-HOURS WORK (before Gam or after bpmj, weekends or holiday: add 50% the above rates. • RESISTOGRAPH use for advanced tree decay detection $50.00 charge per day • OTHER EXPENSES: Photography, lab work, blueprinting, and similar expenses are charged at cost with no mark- up, the only additional fees involved are those requiring my time, such as processing. OUNTS: • Preoavments: A 10% discount is given on the amount of the prepayment that is used for the job. Any unused portions of prepayments (exception minimum job fees of $100 regular or $2000 legal) will be refunded to client upon completion of job. • Preferred Customer: (after $5000.00 in on-time, problem-free payments) a 10% discount on all work and travel time. Must maintain good payment record to continue to receive discount & waiver of pre-payment. If you wish to pre-pay, an additional 10% discount (as described above) will be given on the pre-payment amount for a total of a 20% discount. WRITTEN DOCUMENTS (such as memo, letter, statement, letter report, booklet report or specifications): I do charge for preparation of these documents at the rates given above. Normally one copy of a report is supplied. If Additional copies are required, these will be provided to the client for an extra charge on a time and materials basis. CORRESPONDENCE REGARDING YOUR CASE: i charge at my regular work rates for telephone or an in-person conversation that may occur during or after your yob is completed, or as a part of an ongoing working relationship. I return all calls, emails or foxes as soon as I can and provide high quality service to all my clients regardless of the nature of their case. My time includes my written notes regarding our conversation, which are placed in your case file. I keep detailed records of each case large or small, as would a good physician or attorney. This does take extra time on my part, but I feel that this is the best way to provide excellent service to my clients. Note that this extra time for conversations, notes and record keeping may not have been included in our original contract, but I do reserve the right to charge for this time. In addition I keep all case files for at least 10 years after the date of last contact. ~YMENT TERMS: Invoices or prepaid account statements are usually sent on the last working day of the month r work done that month. For small jobs I may invoice upon completion. The net amount (minus any pre- payments) is due on or before the last working day of the next month, unless otherwise agreed. Late accounts will be charged a fee of 1.5% per month, minimum 1.00. There is a returned check fee of $25.00 with all collection costs to be paid by liable party. I am happy to pre-bill, if this will assist you with your bookkeeping. Deborah Ellis, M .~ Q ,° /`w ~,, ~# • s~.,:~ >~. I9sa for a large coast live oak, Qvercus agrifolia located in the front yard of the Yan Residence Remodel, 2331 Bowdoin Street, Palo Alto Prepared for: Jerry Yan 2331 Bowdoin Street Palo Alto, CA 94306 Prepared by: Deborah Ellis, MS. ConsuRing Arborist & HorticuHurist American Society of Consulting Arborisis. Registered Consulting Arborist #305 International Society of Arboriculture, Wesiem Chapter Certified Arborist #457 American College of Forensic Examiners # 14370 ©COpyright Deborah Hlis, 2001. This report may not be reproduced in whole or in part without the expressed written or verbal consent of Deborah Ellis. December 3, 2001 P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net ARBORIST REPORT Deborah Ellis, MS Consulting Ar6orist 8 Horticulturist TABLE OF CONTENTS Summary 1 Introduction 1 Scope of services 1 Limits of Scope and Investigation Background 2 Investigation Methods 2 Observations 3 Site or Field Conditions 3 Description of the Subject Tree 3 Discussion & Conclusions 6 Recommendations 6 Tree Protection Guidelines 6 Appendix 10 Dripline Measurement 10 Fencing Detail 11 Cutting concrete around the root collar 12 Cover photo: the subject oak tree from fhe east, November 28, 2001. P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, MS Consulting Arborist & Hortlculturlst SUMMARY The Yan's coast live oak is in good condition. Although a 25-foot tree protection zone cannot be maintained all around this tree (due to proximity of proposed construction), the tree will benefit in the long-term from the removal of existing pavement and structures and increased open ground within its dripline area. The impact of demolition and construction on this tree should be low to moderate if the tree is well fenced off from these activities and if my other recommendations for tree protection are followed. Tree Protection Guidelines for this oak are provided in the Recommendations section of this report. INTRODUCTION SCOPE OF SERVICES My assignment is to inspect the subject oak tree, describe its size and condition, and assist those involved in designing the Yan's remodeled house around the tree. The intended audience of this report is the Yan's, their general contractor Chris Donatelli and their architect Tali Hardonag. The purpose of this report is to reduce damage to the tree that could be caused by future construction and landscaping, and to allow this tree to have a lorig and useful life in the landscape. LIMITS OF SCOPE AND INVESTIGATION: 1. The subject oak tree was inspected on November 28, 2001, and its condition as stated in this report reflects that date. No other trees or plants on site were inspected. 2. The tree inspection was brief, by ground and without root collar excavations or other probing or boring done on the tree. 3. The tree location was provided on the topographic survey of the property by Lea & Sung Engineering (4/11 /Ol ,sheet 1 ~. The actual location of the tree in the field seems to be a few feet off from what is shown on the map -the edge of the trunk is 7 feet from the existing garage instead of 10 feet as the topo survey shows. This may have something to do with the side of the tree that was surveyed. The drioline2 of this tree on the plans is also not accurate. 1 measured the tree in the field and have provided an accurate drawing of the tree's dripline on page 10 of this report. I have also transferred this dripline drawing to the tree protection fencing detail for this tree, shown on page 11. ' A root collar excavation is the removal of soil below grade (or excess soil above the natural grade) aT the root collar to expose and/dr determine the health of tissue in this area. This is done to assess anchorage and stability of the tree. Any problems in this area can translate to whole tree health, as well as stability. s Dri line: the area under the total branch spread of the tree, all around fhe tree. Although tree roots may extend out 2 to 3 times the radius of the dripline, a great concentration of active roots is often in the soil directly beneath this area i P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin Si., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, MS Consulting Arborist & HortlcuHUrist Seuice w,ca. 19&t 4. The other plans that I have reviewed for this project are the Plan Bid Set given to me on November 29 (sheets dated September 6, 2001, except for Sl-SS that are dated August 15 or 16, 2001. 5. The measures noted within this report are designed to assist in the protection and preservation of the subject oak tree mentioned in this report, should this tree remain, and to help in its short and long term health and longevity. This is not however, a guarantee that this tree may not suddenly or eventually decline, fail, or die, for whatever reason. Because a significant portion of a tree's roots are usually far beyond its dripline, even trees that are well protected during construction often decline, fail or die. Because there may be hidden defects within the root system, trunk or branches of trees, it is possible that trees with no obvious defects can be subject to failure without warning. The current state of arboricultural science does not guarantee the accurate detection and prediction of tree defects and the risks associated with trees. There will always be some level of risk associated with trees, particularly large trees. It is impossible to guarantee the safety of any tree. BACKGROUND Chris Donatelli of Donatelli/Castil Construction called me in late November and asked me to prepare this Arborist Report. Dave Dockter, the City Arborist of Palo Alto, has requested that any disturbance or activity within a 25-foot protection zone around this tree must be mitigated and discussed in a written Arborist Report for planning department review. The accurate dripline of the tree was also required to be shown on the plans. INVESTIGATION METHODS The subject oak tree was briefly observed for its structural condition (stability) and general health ("vigor) by visual assessment from the ground. Tree characteristics such as form, weight distribution, foliage color and density; wounds and indicators of decay were noted. Surrounding site conditions were also observed. Evaluation procedures were taken from: Guide for Plant Appraisal, 9th edition, 2000, authored by the Council of Tree and Landscape Appraisers (CTLA) and published by the International Society of Arboriculture (ISAj. Species Classification and Group Assignment published by the Western Chapter of the International Society of Arboriculture (WCISAj, 1992. Tree Hazard Evaluation Form taken from Evaluation of Hazard Trees in Urban Areas, 2^d Ed., Matheny & Clark, International Society of Arboriculture, 1994. The above three references serve as industry professional standards for tree and landscape evaluations. P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, MS Consulting Arborist 8 HOrUCUlturist OBSERVATIONS SITE OR FIELD CONDITIONS The oak tree is located in a 7 to 8 foot-wide planting area between the Yen's garage to the North, their driveway to the east, the City sidewalk to the south and a the shrub border and lawn of a neighboring property to the west. The site is predominantly flat although it slopes slightly toward the street. It appears that the existing concrete driveway was built around the oak, as there is a notch within the driveway in which the trunk of the oak is located. Portions of the root collar grow over the driveway pavement. The driveway is slightly lifted and cracked, particularly near the tree, so the roots of the tree may be part of the cause. The planting area is mostly bare soil and a few scattered shrubs. This planting area does not seem to be irrigated, but the west neighbor's shrub area and lawn are irrigated, as is the Yen's lawn 20 feet to the east. So, although there is no irrigation within a few feet of the trunk of this tree, it does have access to frequent irrigation. The oak tree is located about 7 feet from the existing garage, so considering the house, driveway, sidewalk and street which are beneath the canopy of this tree, well over 75% of the tree's root system is covered with pavement and/or structures. The soil in the small planter area around the tree is a beautiful loam that I was able to probe to a depth of 12 to more than 24 inches. This may have something to do with the good vigor of this tree. The adjacent soil in the lawn area however, was extremely compacted and I was only able to insert a probe in ii 1 to 3 inches deep. I did not sample soil in the west neighbor's yard. DESCRIPTION- OF THE SUBJECT TREE A description of the size and condition of the tree is below: Trunk diameter at 4.5 ft. above ground: 37.8 in. Size: (height x canopy spread): -38 ft. tall by 48 feet wide (east to west and parallel to the street), 68 ft. wide North & south and perpendicular to the street). Tree Ranking: S ecles3: 90 CondlHon+: (vigor 90+ structure 80/ 2)= ~ Location: (site 70, contribution 90, placement 80/ 3)=80. Appraised Tree Value (Trunk Formula Methodls: $23,800.00. 3 Species Classification and Group Assignment, 1992. Editor: Chandler, AZ. Published by the Western Chapfer , of the International Society of Arboriculture. Trees in the Western section of the United States hove been rated by a group of professionals in terms of hardiness, aesthetics, function, problems, etc. Ratings are expressed on a scale from 10 to 100, with 100 being excellent and 10 being unacceptable. ° Numerically stated, the approximate value is as follows: 100 =excellent, 80 =good, 60 =fair, 40 =poor, and 20 =unacceptable. s Determination of the value of a tree via Trunk Value is based on the cost of the largest commonly available transplantable free and the cost of installation, plus the increase in value due to the larger size of the tree being 3 P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, MS Consulting Arborist & NorUcuHUrist .`7cuic¢ vice 1983 Impact of Proposed Constructton on this tree: Low to moderate jinitiaily), with long-term benefits to the tree through the creation of more open ground beneath the' dripline. Hazard rating: Low/moderate6. Actton: Save. Reoson for action: A beautiful tree in good condition, and through construction the environmental conditions for this tree will be improved. General Notes on tree: This is a beautiful tree in good condition tttat.is well worth the efforts that will be made to preserve it. The canopy of the tree receives full sun exposure and this oak is clearly a "dominant" tree in the area. The tree has been pruned several times in the past; the last pruning was approximately 2 years ago. Long ago the tree received crown-raising pruninp~ where several low scaffold branchese were removed. Some of the older cuts have been flush cuts9, but most of the old pruning wounds on the tree have completely or significantly sealed over with woundwood~~, which is an indicator of good tree vigor. The more recent prunings seem to have concentrated on thinning the large scaffold and secondary branches, particularly those in the lower half of the canopy. This thinning has leaned a bit toward lion-tailing", although not to an extreme extent. Unfortunately, most native oaks in this area are pruned in this manner. The owners noticed some flaking bark on the trunk of the tree. This is caused by sycamore borer, a common insect of coast live oak. The larvae of this wasp-like insect tunnel in the bark and sometimes into the underlying wood. Trees generally tolerate extensive boring by this insect and usually no control measures are recommended. The amount of damage on this tree is minor to moderate and I would not do anything about it. appraised. These values ore adjusted according to the species of the tree, its condition and landscape. location. Procedures are taken from the Guide to Plant Appraisal, 9rh Edition. e Hazard potential is estimated ai the time of inspection for the existing site on a scale of Low, Moderate or Severe. Low/moderate and Moderate/severe are intermediate ratings. Crown-raising pruning is the removal of lower branches from a tree, in order to increase clearance or visibility beneath the tree. Also called "skirting" or "raising the skirt". s A scaffold branch is a primary structural branch arising from the trunk of a tree s Flush cut: The removal of a branch through pruning, cutting as close as possible to the trunk or parent branch. Flush cuts are no longer recommended because they are unnecessarily large and expose trunk tissue to the possibility of decay. Instead, the cut should be made just beyond the "branch collar", but not so far outward so as to leave a "stub". ~~ Woundwood: the growth of undifferentiated tissue (callus] which has matured into wood and bark tissue, around a wound. If growth continues the wound will be sealed inside the intact outer wood. A crack at the point of the woundwood "roll" will always remain, however. Decay tloes not usually progress into the new wood made after the wound. ~ ~ Lion-tail pruning means that the lower portion of the branch was stripped, leaving the majority of weight concentrated at the end of the branch. A branch pruned os such is subject To sunscold and resultant canker diseases, is "end-heavy" gnd is generally more likely to fail. Lion-tailing is also not desirable in terms of encouraging proper branch taper and managing end weight. 4 P.O. Box 3714, Saratoga, CA 95070-1 7 1 4 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, MS Consulting Ar6orlst S Horticulturist Scuic¢ w,cc 19&1 Overhead wires (bundle wrap, cable & phone) pass through the canopy of this tree, over the sheet. There has been minimal clearance pruning (side trimming) for these wires. The tree has not been topped. The red arrows in the photo at left show old flush cut pruning wounds with excellent woundwood growth around them. The woundwood has almost completely sealed over the original cut. 1) Past removal of large scaffold branches that were close together -the pruning wounds from these removals are close to other large scaffold branches in the tree. These cuts were made long ago and have sealed over well, but there still must be some internal decay associated with them. 'At this time this is of "low" concern due to the general good vigor of the tree, but still this is a structural defect that should be mentioned. 2) Frequent irrigation of shrubs and lawn close to the trunk of this free, in the west neighbor's front yard. One cannot tell a neighbor how to landscape their yard; still it would be much better for this tree if irrigation were not occurring so close to the trunk (in this case there is a shrub border within 5 feet of the trunk, and a lawn within 7 feet of the frank). Frequent irrigation of the root system of coast live oak, particularly negr the trunk, can lead to root and root collar rot diseases. In the Yan's front yard to the east, the closest irrigation is a shrub border at about 13 feet from the trunk, and a lawn at about 15 feet from the trunk. Although it would be best if there were no irrigation within the dripline of this tree, I think the Yan's front yard is of less concern than their east neighbor's. At this time there are no symptoms of decline in the , canopy, or any degradation of the aboveground root collar area, which would point to a root decay condition. 3) The tendency toward past loin-tall pruning of long scaffold branches. This has created a condition where most of the weight is toward the outer one-third of the branch. While some might say that these branches are too "end-heavy", I do not think their end weight is excessive. Still, some very light thinning of the terminol ends of the branches (removal of 10 to P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net My main concerns with the tree are: Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, MS Consulting Arborist 8 Horticulturist .`jcuic¢ .w,ce 19&1 15%) of small branches)12, might be in order, especially for the lowest scaffold over the street as well as over the existing garage. DISCUSSION 8~ CONCLUSIONS A 25-foot tree protection zone around the trunk of this tree, as suggested in Dave Dockter's November 15 email to Tali Hardonag will not be possible, due to closer proximity of planned construction. I believe that we can mitigate this however, by creating new open ground beneath the tree. Although the removal of the existing driveway and garage will cause some minor, short- term damage to the root system of the oak, in the long term the tree will benefit by a larger, more favorable root zone environment. if demolition and construction proceeds carefully around this tree and the tree is well fenced off prior to demolition, then I think that the tree should fare quite well and have a long and useful life in the Yan's landscape. In the recommendations below, I provide suggestions as to how this can be accomplished. RECOMMENDATIONS TREE PROTECTION GUIDELINES 1) DESIGN CHANGES SUGGESTED: a) The walkway shown on the plan set will be eliminated, as is shown on my tree fencing detail. b) Move gas line toward driveway and snake toward backyard gas meter along garage and porch, if this is possible. Ditto for electric line, if this is possible. If it is not possible to move these lines as suggested, then at least move them as far from the trunk to the east as possible. In any case, hand-excavate or tunnel the location for these lines within the dripline of the tree, taking care to preserve as many rootsas possible. c) The decorative stucco wall must be on a pier and grade beam foundation, with no excavation for the grade beam. Pier holes may be drilled as long as drilling equipment does not damage any aboveground portion of the tree, and the drilling machine sits on the existing driveway. 2) IRRIGATION. The oak must be well hydrated before any demo or construction. Irrigate the tree approximately 2 weeks before any work will begin if the soil is not moist to at least 12 inches 1z For end-weiaht reduction, try to maintain live branches along as much of the lower part of the heavy limb as possible (close to the trunk). In other words, try to maintain a low center of gravity as far as the limb is concerned. Do not strip or "lion-tail" branches so that the foliage only remains near the Terminal end. Thin predominantly at the terminal end, (the outer 1 /3 of the branch), removing less as you move down the branch. Try to conserve foliage and branches along the lower portion of the branch. Try not to remove branches greater than 3 inches in diameter. This may mean that only very small amounts (and very small diameter) branches and Twigs are removed from the terminal portion of a branch. In addition to reducing end-weight, . this also slows the growth of the branch. Remove no more than 25% of the live foliage on any branch. 6 P.O. Box 3714, Saratoga, CA 95070-1 7 1 4 • <408) 725-1357 voice & fax • E-mail: decafl@pacbell.net Deborah Ellis, MS Consulting Arborist 8 Horticulturist .~an:ce, w,cc 19&1 Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. below the surface. This will help the tree go into the project strong and not drought-stressed, so they will be bdtter able to weather any damage they may experience. Irrigate throughout the small planter area iri which the tree is located, starting 4 feet out from the trunk. Also irrigate throughout the entire Yan's lawn area. If the west neighbor is willing, irrigate within their entire lawn area as well. Irrigate by water jet method13, spacing holes 4 feet on center. LeeRoy Bowles of Tree Elite is a good company that can provide this service for you. 3) PRUNING FOR CLEARANCE. Pruning prior to construction should be as little as possible, and only what is required for construction clearance. Keep in mind that construction vehicles will be utilizing the existing driveway area until the driveway is removed. Branches that must be shortened should be cut back to appropriately sized lateral branches whenever possible, and not to stubs. Aesthetic pruning can be done later. The tree pruner should follow the industry standards: Tree Pruning Guidelines. 1995. International Society of Arboriculture, PO Box 3129, Champaign, IL 61826-3129. 217-355-9411, and Tree, Shrub and Other Woody Plant Maintenance -Standard Practices. June 1, 1995. Secretariat: National Arborist Association, Inc. American Nationol Standards Institute, 11 West 42nd St., New York, New York, 10036. Again, Tree Elite would be a fine company to provide this service for you. 4j FENCING. The first and foremost method of tree protection is fencing off the tree from the construction before any demolition or construction begins. The area inside the fencing is termed the "hee protection zone". The fencing shall be 6-foot high cyclone attached to 3-inch diameter steel posts driven 18 inches into the ground and spaced no further than 10 feet apart. Durable neon-colored flogging tape should be woven through the top of the fence to increase visibility to vehicle operators. Tree protecton signage should be posted on the fencing every 25 feet, clearly proclaiming that there is to be no unauthorized work or persons within the tree protection zone, no dumping of chemicals or storage of materials or equipment, and who to contact regarding this. I can provide a template sign if requested. a) I have enclosed a fence locaflon detail on page 11. There will be 3 phases of fencing with different fence locations. 5) MULCHING. Immediately after existing pavement is removed and the garage is demo'd, spread a 4-inch depth of coarse organic mulch such as wood chips within the tree protection zone of the Yan's property, including their lawn and shrub border area east of their driveway. Wet the ground surface thoroughly before the mulch is applied, and then wet the mulch itself after it is spread. The mulched area should include the small planter area in which the oak is now located. 6) If the above tasks are done, tree Drotection will be verylf the above tasks are done, tree will be very simple and that is all that willand that is all that will probably be necessary. If the tree protection zone is not respected however, increased policing of tree protection (usually provided by the Consulting Arborist and as continued below) and repair measures may be necessary. a) DEALING WITH EXPOSED AND/OR DAMAGED ROOTS: You may encounter some roots ' during soil work. If roots must be are encountered that must be removed, cut them right 13 Water iet: a hand-held metal probe, usually'/z to'/. of an inch in diameter; with side holes near the pointed }ip end. The device is attached to a hose and stuck into the ground by pushing on side handles. Water flows out of The holes horizontally, and a hole is also made vertically into the ground by the probe. The end result is the creation of vertical and horizontal tunnels filled with water and soft soil slurry, increasing water and aeration and reducing soil compaction. P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. u Deborah Ellis, MS Consulting Arborist & Horticulturist away rather than tearing them back toward the trunk with heavy equipment. Roots can be cut cleanly and at a right angle if necessary, and then immediately covered with moist soil or thick shag rug that is kept wet until backfill is replaced. Use a sharp pruning saw (not a hand saw, axe, etc.) for cutting roots. Roots 1 inch or greater ih diameter must be cut cleanly back to the excavation wall and the cut ends immediately sprayed with TreeSealT^' or interior latex paint. Otherwise exposed roots should be covered and kept moist at all times -with soil, mulch, 3 layers of natural burlap ~qs on a cut face), etc. Do not cut roots greater than 4 inches in diameter without first contacting the Consulting Arborist. i) Removing the driveway concrete near the free: The root collar of the tree has overgrown portions of the concrete pavement around it. These areas of pavement should be left in place, as it will cause more damage to the tree to remove them. A photograph and explanation showing how and where to make concrete cuts is shown on page 12. b) OTHER: Do not dump cement tailings, chemicals or other waste products into any landscape area. Preferably, have a designated washout pit far from landscape areas. c) RIDING HERD. Talk is cheap and contractors rarely follow through with tree protection, even, if they seem cooperative initially. Sub-contractors are especially problematic. I have found that there must be strict supervision and documentation of tree protection. I am available to provide this service if needed. I can also prescribe additional procedures that may help trees during and after construction. 7) LANDSCAPING AFTER CONSTRUCTION should be compatible with the existing oak. In short, this means that any new landscaping within the dripline of this tree should be "summer dry", as the oak would prefer to be. Plantings should be sparse and should be placed so that the edge of mature plants will beat least 10 feet from the trunk of the oak. The majority of ground beneath the oak should be covered with mulch, not with plants. Keep the mulch off the bark of the tree (e.g. at least 6 inches away from the root collar of the tree, and also any above-ground exposed roots). New plantings should be watered by a drip system placed underneath the mulch and not installed under the soil surface with digging or trenching. This drip system should be abandoned after an initial establishment period of 2 to 3 years. The'/~ inch diameter drip tubing should be placed beneath the mulch and not installed below the ground by trenching or digging. Do not rototill within the tree dripline. Any planting within this area should be done by. hand. You may have me assist in the landscape design phase if necessary. i have also included the name of two very good landscape architects who work well around trees such as yours. P.O. Box 3774, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo AITO. D. Ellis, 12/3/01. Deborah EIIis, MS Consulting Ar6di•ist & Nortlcutturist Saa+ce wuc 1984 I hope that this information will be helpful to you. Thank you for the opportunity to provide service. Please call me if you have questions or if I can be of further assistance. Sincerely, Deborah Ellis, MS. Consulting Arborist & Horticulturist ._ W.C.LS.A. Certified Arborist #457, ASCA Registered Consulting Arborist#305, ACFE # 14370 Enclosures: "Keeping Native Calif. Oaks Healthy". Hagen. June 1990. California Department of Forestry & Fire Protection. Tree Notes #7. Referrals: Landscape Architects: • -Jeff Heid, 408-867-8859 • Tim Hoagland, Hoag-Land Design, 408-354-9509 Tree Service • Tree Elite, LeeRoy Bowles, 408-996-8733 9 P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. C~ Deborah Ellis, MS Consulting Arborist 8 Horticulturist APPENDIX DRIPLINE MEASUREMENT ~N 4s' -~ ~I ~~ ~~ti~ ~.,. ~~: ~~~ ~~. 38' Bowdoin Street 26' >o ;~?`>x P.O. Box 3714, Saratoga, CA 95070-1 7 1 4 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. Deborah Ellis, M ConsuHing Arborist & Horticulturi FENCING DETAIL ...~eu:cc w,ce 19&1 $ n st +t Q ~~ jI t a NORTH I , E ,i i; ~, ,/ 4 I (N) PORCH ~ FL ~~>r~~ "~"~' t± y t . ~ - aprfo.aw ,-, ~` ~ 6' I I Qe (N) CsARA FAR keo waumwa 10 i I , xmiaae ~ i ~ ~~~ Driptine I ~~ 'I- C-;--~- ~ /~~ r ,r -. , Oi H£W AY ,\ '! i i i ~ I f/ - - - - ; Note: the dripline measurement shown on the previous page has been transferred to the above drawing. The scale in the above drawing has been reduced from the plan scale of 1 /8" = 1'-0". Fence locations: A =Pre- and during demo of existing house (but not existing driveway): Fencing a few feet from existing garage, and 2-4 feet from trunk of tree on driveway, also surrounding existing lawn area. Construction vehicles may be used and equipment stored on the existing driveway until it is removed. Where on driveway the fence may be on metal stands, although it may not be moved. Along the street the fence must be installed on posts driven into the ground. 11 P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net Arborist Report, Yan coast live oak, 2331 Bowdoin St., Palo Alto. D. Ellis, 12/3/01. L~ built. C =Affer all demo, after main consfruction, Just before stucco wall is built. If the above exact fence locations are not possible, slight compromise is acceptable as long as the goal of fencing off as much of the tree's root system from contact with construction and construction equipment is maintained at ail times. When the existing driveway is removed: cut the concrete near the tree as shown in the photo below. The driveway may be removed by backhoe sitting on remaining driveway pavement or in the street. Remove the concrete very carefully, so as to damage existing roots below the concrete as little as possible. The backhoe should work from the existing. gdrage side of the driveway outward toward the street, always remaining on the driveway pavement or on the street. Prior to driveway removal the trunk of the tree must be wrapped with S layers of orange plastic fencing from the ground to the lowest branches. The backhoe operator must take great care not to contact any portion of the tree when removing the concrete, and to carefully pub concrete pieces away from the tree. Pre-cutting the concrete into smaller squares may facilitate the removal. CUTTING CONCRETE AROUND THE ROOT COLLAR The blue arrows in the photo at left show where the root collar of the tree has overgrown the concrete of the existing driveway. Prior to existing driveway removal this concrete should be cut very carefully around the root collar, keeping-about 6 inches away from any exposed portion of the root collar fired line in photo). A worker on . the ground should be standing by the tree and watching, so that he/she can assist in concrete removal and tree protection. Do not cut roots below the concrete. The cut concrete around the root collar should be left in place and not ripped out, as this could cause damage to the root collar. Affer the driveway is removed additional concrete around the root collar may be removed if it is not underneath any portion of the root collar that has overgrown the concrete, and if it can carefully be removed by hand and with small tools such as a hand trowel, small mattock or small crow bar. 12 P.O. Box 3714, Saratoga, CA 95070-1714 • (408) 725-1357 voice & fax • E-mail: decah@pacbell.net 6 =Affer demo of house, just before demo of existing driveway, before decorative stucco wall is 5 Q m ~. n' A, m~ O A ti^R• Q a ~~nrie A. ~' .W ~ ° ~ ~, n~ A ~.. m ~ A tp ,...:,.:~3 O =.R O ~ ti T a ~ ~ Ox ti.° i ~ ~ ~ A, p ~ p O.. 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VI/ ,~.Yn Z S _ _ _ ~ S. x _ ~ _ A c o c n ~~ ~ D c n' ~ n' o' ~ Y~~ O o ~ 1' - .~ 3 c E ° ~ as a n a ,~ a 'r '.; ~ `< oa ' '~ b~r,' ° m :~ o ~~ A w ~.c o o~ o ~ p N 7~ ~~ a m Q n. ~ ~ :o .~ v co A. ~ ~ m m n --' ~ ~ -.. n O ° o ~p n m ~' o a, ~ 3 ~ D d _ 0 0 0 ..~ y o~_ •~ ~ 'a n. c w c O = ° m ~ _~ y to n ~, `~ ~ c ;n l7 y^ (n c - as tla. Y <_ v: o o ~ o a_ ~ ^~ ~ - c ,.. m N o •ni c,, ~. -~, ~ .: .. X.,V:~.l ~a.. .,.~.. z ,.,• ~~a~ ~ ~. ° ~o T ~-p; ~ ~ J~~ ~ G o ~ v~ ~ ~ ; ~ ~ T tn N ~ ~ C 3 5 ~ `~ ~ ~ ° G ~ ~ °c Cn 3 ~ ~ w ~ ~ ~ N ~ ~ `J ~ G r.' r 7 s ~ o ~ ° (/~ mo - ~ n ~ O ~ C ~ ~ ~ N ( o -n-n C _. ~t ~' ^ ~• f,C .''. S C C ~ w ~ ~ s O x- k ~ _. ;n SARATOGA CITY COUNCIL MEETING DATE: February 20, 2002 ORIGINATING T: Ci anager PREPARED BY: AGENDA ITEM: s CITY MANAGER: ~/~cG~'--- DEPT HEAD: SUBJECT: League of California Cities Grassroots Coordinator Network RECOMMENDED ACTION: Informational only. REPORT SUMMARY: On June 6, 2001 the Saratoga City Council authorized the Mayoi• to submit a ballot to the League of California Cities Board supporting the formation of the Grassroots Network. In July 2001 with a 94% vote of support from League members the Grassroots Network proposal was approved. The League hired fifteen (15) Regional Representatives that comprises the Grassroots Network. The Coordinator will work- the cities to aggressively promote key League legislative priorities with legislators, district legislative staff, local n=media and other supporting community groups. Rebecca Elliot is the Peninsula's Coordinator. Ms. Elliot will make a brief presentation and answer any questions Council may have. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A . ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Regional Representative Rebecca Elliot League of California Cities i ,__~ ~ ...:. ,~. WHAT WE DO • Policy Development • Legislative Advocacy • Grassroots Network • Legal Advocacy • Educatioh & Conferences • Information Resources • Financing and Purchasing • CityBooks Bookstore • Event Calendar • Western City Magazine • Listserve Sign-Up Rebecca Elliot Telephone: X408/859-9424 E-mail: relliotna cacities.orq Division(s): Peninsula WHO WE ARE Communicating with legislators and the media is the foundation of Rebecca Elliot's • About the League which makes her a great asset to the League's Grassroots Network. For the past i Elliot has put her expertise in grassroots organization, public affairs, and media relt . Municipal Depanments work for the Santa Clara County Association of REALTORS as its Public Affairs Dil • Policy commineea During that time, she actively participated in a wide variety of professional and pub Regional oiyisions concerned with local and state issues. Elliot also worked as an intern for former Co Affiriates and current U.S. Transportation Secretary Norman Mineta. • Corporate Partners • Public Service Skills Elliot is a Magna Cum Laude graduate of San Jose State University with a bachelc in political science. She serves as a Director of the Housing Trust of Santa Clara C MEMBER LOGIN a member of Santa Clara County's Housing Leadership Council. username: `The Regional Representatives bring new energy and diverse experience and ski0 League. I look forward to working with my colleagues and the cities on the Peninsi Password: - .Fyry~vQr Password? Home • Search • Contact Us • Site Mao • Em to merit • Newsroom • Li Create Member Login L--Y This site is best viewed using Internet Explorer 4.0 or higher. Click here to download its lat :,,,~ .~ a ~,~ _ .r r ~.. Copyright 02001 League of California Cifies. All dghts reserved. Priy~dSy39.licy.. 73dms_$~ G.RRC ..,,~, ; r ~.; '• i~ .: ~j Last Uptlated: Friday, December 21, 2001 Search for: Page 1 of 1 Frequently Requested Information Look fora California City Web Site Lecislative Advocacy > Grassroots Nelwork > Regional Representatives > Peninsula Peninsula httn:l/www.cacities.ore/doc.asp?intParentID=3986 ~ /I /0~ U SARATOGA CITY COUNCIL MEETING DATE: February 20, 2002 ORIGINATING DEPT: City Manager's Office AGENDAITEM:~ CITY MANAGER: PREPARED BY• ~t "'~ ff"''~-''~---' DEPT HEAD: SUBJECT: Review of Legislative Consultant Contract RECOMMENDED ACTION(S): Accept report and direct staff. REPORT SUMMARY:. O~~ At the City Council meeting of 01/08/02, City Council members asked that the City's contract with our legislative consultant, Gonsalves & Son be placed on a future agenda for review. On Apri14, 2000 the City of Saratoga contracted with Gonsalves & Son (Gonsalves) to provide services in the areas of legislative advocacy and governmental affairs. The City was particularly interested in the passage of City sponsored special legislation, SB 1883 and the assistance Gonsalves could provide in that matter. SB 1883 was approved by the State Legislature and signed by the Governor in September 2000. This legislation restored the eligibility of (four) cities in Santa Clara County to receive Tax Equity Allocation (TEA) funds subsequent to a vote of the people reinstating, increasing or imposing a new tax. This restored a measure of property tax revenue due to the passage of the new library bond issue. After the passage of the City's special interest legislation, and in the interest of fiscal control, the City ceased the services of the firm, effective November 30, 2000. The City Council requested a review of the contract at that time, and subsequently renewed the contract in December 2000. During the 2001 legislative session the City once again sponsored special legislation, AB 613, which would have had the practical effect of eliminating West Valley College's exemption from the City's oversight regarding a football stadium, and other draft legislation that would have had the effect of restoring the City's full TEA allocation to normalize the City's property tax receipts with those of all other low-no property tax cities in the state. At the end of the 2001 legislative session AB 613 was converted into atwo-year bill at the request of it's sponsor (Cohn) and is unlikely to be acted upon this legislative session. The City's experience with Gonsalves has been positive. The firm has been supportive and professional. The services provided by Gonsalves related to SB 1883 in 2000 and AB 613 in 2001 were invaluable and could not have been performed by City Staff. The Gonsalves firm also provides routine legislative advocacy on an ongoing basis to their clients, all of which aze small cities. If the City has a special interest in a particular piece of legislation, Gonsalves will work with the City and represent the City's interest with the legislators. They also assist their clients in obtaining grants. Contracting with Gonsalves has provided an opportunity for the City to pursue an active legislative agenda during the past two legislative sessions. Two factors have changed since last yeaz, however, that have prompted a review of this contract by the City Council. The first factor is that the City's chances for the passage of special legislation in the azeas stated above may not be politically viable during this legislative session. The City may have. to wait for a change in the political climate in Sacramento and a change in local political representation before the reintroduction of such legislation. The second factor is the introduction by the League of California Cities of the Grassroots Network. The League has focused on building a local network of 15 legislative advocates located statewide to take issues of importance to Cities to legislator's home turf. They have also strengthened their legislative analysis and lobbying effort by adding more qualified staff in Sacramento and focusing their lobbying efforts on fewer, more import pieces of legislation of concern to a majority of their members. FISCAL IMPACTS: Gonsalves' standard retainer is $3,000 per month. Funds have been appropriated in the Fiscal Year 2001-02 budget for this expense. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): ALTERNATIVE ACTION(S): FOLLOW UP ACTION(S): ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: ATTACHMENT A . Agreement between Gonsalves and the City of Sazatoga F AGREEMENT BETWEEN JOE A. GONSALVES & SON AND THE CITY OF SARATOGA The CITY of SARATOGA (`CITY") wishes to engage the services of JOE A. GONSALVES & SON, 925 L Street, Suite 250, Sacramento, California, to provide services in legislative advocacy and governmental affairs in matters affecting cities in California. The purpose of this Agreement is to state the terms and conditions under which JOE A. GONSALVES & SON will provide services to the client, the CITY of SARATOGA. The terms and conditions of this Agreement are as follows: JOE A. GONSALVES & SON shall review all bills introduced in the California Legislature and inform the CITY of all such legislation affecting the CITY'S interest and forward weekly a copy of all such bills to the CITY. 2. The CITY shall review and analyze all such bills and inform JOE A. GONSALVES & SON, in writing, of CITY'S position. 3. JOE A. GONSALVES & SON shall act in an independent capacity and not as officers, employees or agents of the CITY and shall be deemed an independent contractor for all purposes. 4. JOE A. GONSALVES & SON shall at all times pertorm duties customarily performed by legislative advocates and governmental affairs representatives on behalf of the CITY /~ ~\ ~. to the best of their abilities, experience, and talents and shall. comply with all laws applicable to performance of the work hereunder. This Agreement is not assignable either in whole, or in part without express written consent of the CITY. 5. The term of this Agreement shall commence on the day of, 2000, and shalt continue in.full force and effect. until terminated by a thirty (30) day written notice from either party to the other. Notice of termination under this Agreement shall be given to the CITY by certified mail to 13777 Fruitvale Avenue, Saratoga, CA 95070, or to JOE A. GONSALVES & SON at 925 L Street, Suite 250, Sacramento, California 95814. The CITY shall pay to JOE A. GONSALVES & SON the monthly sum of $3,000 payable in advance on the first day of each month. 7. The CITY shall reimburse JOE A. GONSALVES & SON only for travel and other expenses directly related to a request by the CITY for JOE A. GONSALVES & SON to participate in any meetings or activities outside of Sacramento. 8. The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to nonbinding mediation in California. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any of these dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 9. JOE A. GONSALVES & SON shall indemnify, defend and hold harmless the CITY, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the CITY, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. 10. JOE A. GONSALVES & SON warrants that, #o the best of their knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest, or that they have already disclosed all such relevant ,. -, ,- information. JOE A. GONSALVES & SON agrees that if an actual or potential conflict of interest is discovered after award, a full disclosure will be made in writing to the CITY. This disclosure shall include a description of actions which JOE A. GONSALVES & SON has taken or proposes to take, after consultation with the CITY fo avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, all necessary steps to avoid, mitigate, or neutralize the conflict of interest shall have been taken to the satisfaction of the CITY. 11. The Agreement shall be governed by the laws of the State of California. It constitutes the entire Agreement between parties regarding its subject matter. If any provision in this Agreement is held by any court to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as follows: JOE A. GONSP,LVES & SON i Date: ~~t/~> BY THE CIT~OF SARATOGA, A MUNICIPAL CORPORATION DATED: `Ir~yJ(>a gY ~ ATTEST: ~~ City Clerk j~~~~ivr12_.-_ s