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HomeMy WebLinkAbout07-31-1990 COUNCIL AGENDA STAFF REPORTS (2)SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 19 AGENDA ITEM MEETING DATE: July 24, 1990 _C,I,TY MGR. APPROVAL ORIGINATING DEPT: Enaineerinq%—ll\ SUBJECT: Scully Avenue Improvements adjacent to Kevin Moran Park - Award of Construction Contract Recommended Action: 1. Declare Roma Construction Corporation to be the lowest responsible bidder for the work. 2. Authorize staff to execute the attached contract with Roma Construction Corporation for $ 37,705.00 3. Authorize staff to execute change orders to the contract up to $ 5,500.00 Report Summary: Engineering staff has solicited bids for the subject work using the informal bidding procedures outlined in Article 12 -15 of the Municipal Code. The work involves the installation of concrete curb and gutter along the frontage of Kevin Moran Park and the widening of Scully Ave. to provide on- street parking in front of the park. Three contractors bid the work. A bid summary is at- tached. Roma Construction Corporation of Santa Clara submitted the lowest responsible bid of $37,705.00 which is 1.6 % below the Engineer's Estimate of $ 38,310.00 Fiscal Impacts: Although this is not a designated Capital Project, staff proposes funding this work out of the budget for Capital Project No. 909, Pavement Management Reconstruction. The adopted FY 90 -91 budget contains $410,322 in Capital Project No. 909, Account No. 9140- 4510 which staff believes is sufficient to fund this work and anticipated change orders as well as the 1990 Pavement Management Program contract and anticipated change orders. Attachments: 1. Bid Summary 2. Contract. Motion & Vote: DATE: 7- 1Z - , 19 9 0 TIME: Z : m 4 P • M. CITY OF SARATOGA BID SUMMARY Sheet 1 of �1 PROJECT , Scully Avenue Engineer's Roma Construction Galante Brother [rice Calhoun Brothers Ite Description p Quantity Unit Unit Price Amount Unit Prine Amount Unit I Amount Unit Price Amoun Clear and Grub L. S. L.S. 2500. 2500.00 4500.01 4,500.00 9620. 8,620.00 5,000 5,000. 2 1 Relocate Irrigation L. S. L.S. 640.0 640.00 1100.0 1,100.00 L.s. 525.00 L800.0 1,800. 3 Roadway ExcaSubirade 300.0 C.Y. 26.0 7,800.00 30.0 9,000.0 17.85 5,355.00 L3.00 3 900. Aggregate Base 210.0 Ton 17.0 3 570.00 18.00 3,780.0 17.40 3,654.00 14.00 3,360. 5 �{�cW thCuA.B Gutte 800.0 L.F. 14.0 11,200.00 11.50 9,200.0 12.50 10,000.00 17.00 13,600 6 Reconstruct Drain Inlet 1 Ea. 1700 1,700.00 2200. 2,200.0 1400. 1,400.00 ,600. 1,600 7 C andicat Ramps 3.0 Ea. 500.0 1 500.00 560.0 1,680.0 545.0 1,635.0 500.0 1,500. 8 Asphalt & Oils 210.0 Ton 40.0 8,400.00 54.0 5,670.0 66.20 6,951.0 70.00 7,350. 9 Relocate Sicrns Ea. 200.0 1-,Ow-00-,O--O 115.0 575.0 75.00 375.00 100.0 500.0 TOTAL 38,310.00 37,705.0 38,515.00 8,610. AGREEMENT BY THIS AGREEMENT made and entered into on the day of ,19 by and between the City of Saratoga (hereinafter referred to as CITY) and, NAME: Roma Construction Corporation ADDRESS: 3521 Leonard Ct., P. 0. Box 4326 Santa Clara, CA 95054 PHONE: 408 - 496 -6257 (hereinafter referred to as CONTRACTOR), in consideration of their mutual convenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and /or materials in accordance with the exhibits list- ed below: Construction of Scully Ave. Improvements as shown on the plan en- titled, "Kevin Moran Park Site" prepared by the City of Saratoga, dated June 27, 1990. EXHIBITS - The following attached exhibits are made part of this Agreement: A. Project Plans. B. Notice Inviting Bids. C. Contractor's Bid Proposal dated July 12, 1990. D. Contractor's Certificate of Insurance. TERMS - The services and /or materials furnished under this Agreement shall commence on City's Authorization and shall be completed on or'before Thirty (30) working days COMPENSATION - For the full performance of this Agreement, City shall pay Contractor: $37,705 as stipulated in Contractor's Bid Proposal dated July 12, 1990. Actual compensation may vary depending on actual quantities of work performed and shall be based on the unit prices bid for each work item as stated in the Contractor's Bid Proposal. Extra work, if ordered by the City, shall be compensated on a Force Account.basis and shall be com- puted as specified in Section 9 -1.03 of the State of California, Dept. of Transportation Standard Specifications dated January, 1988. GENERAL TERMS AND CONDITIONS - Hold Harmless. Contractor agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from any and all demands, claims or liability of any nature, caused by or arising out of the negligent performance of this Agreement. Insurance. Contractor shall file with City, a Certificate of Insurance, before commencing any services under this Agreement, meeting minimum coverage requirements established by City and naming City as an additional insured. Non - Discrimination., No discrimination shall be made in the employment of persons under this Agreement because of the race, color, natural origin, age, ancestry, religion or sex of such persons. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between the City and Con- tractor. At all times Contractor shall be deemed to be an in- dependent contractor and Contractor is not authorized to bind the City to any contracts or other obligations. In executing this Agreement, Contractor certifies that no one who has or will have any financial interest under this Agreement, is an, officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or varia- tions of any kind are authorized without the written consent of the City Manager or his authorized designee. Termination. This Agreement may be terminated by City upon ten (10) days written notice to Contractor. Monies then owed to Contractor based upon work satisfactorily accomplished shall be paid to Contractor. This Agreement shall become effective upon its approval and ex- ecution by City. In witness thereof, the parties have executed this Agreement the day and year first written above. .PROJECT MANAGER FOR CITY.- CONTRACTOR - Larry I. Perlin By: City Engineer City of Saratoga Title: 13777 Fruitvale Ave. Saratoga, CA 95070 Social Security 408/867 -3438 or I.R.S. Number: .INVOICING - Send all invoices CITY OF SARATOGA to the Project Manager at the above address. By: .APPROVALS - City Manager City Engineer Organization: 9140 Account: 4510 Project: 900 Amount: $37,705.00 City Attorney Progress Payment Record: No. Date Amount Balance 1. 2. 3. 4. 5. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: July 24, 1990 CITY MGR. APPROVA ORIGINATING DEPT: Engineering SUBJECT: Sarahills Drive Reconstruction, Capital Project No. 941 - Award of Construction Contract. Recommended Action: 1. Declare W. E#. Ebert Corp. be the lowest responsible bidder on the project. 2. Authorize staff to execute the attached contract with W. H. Ebert Corporation for $ 58,215.00 3. Authorize staff to execute change orders to the contract UP to $ 9,000 Report Summary: Engineering staff has solicited bids for the subject project using the informal bidding procedures outlined in Article 12 -15 of the Municipal Code. The project involves the installation of a new storm drain to replace the existing drain which has become damaged beyond repair. The resurfacing of the street will be included in the 1990 Pavement Management Program, Capital Project No. 909, and will be done later this summer. Three contractors bid the project. A bid summary is attached. W. H. Ebert Corporation of San Jose submitted the lowest responsible bid of $ 58,215 which is 29 % above the Engineer's Estimate of $ 45,062 Fiscal Impacts: The adopted FY 90 -91 budget contains $125,000 in Capital Project No. 941, Account No. 9010 -4510 to fund the work. Sufficient funds are therefore available to cover the base contract amount and anticipated change orders. Attachments: 1. Bid Summary. 2. Contract. Motion and Vote: DATE: July 12 , 1990 TIME: 2 00 P. M. CITY OF SARATOGA BID SUMMARY Sheet 1 of 1 PROJECT Sarahill Storm Drain & French Drain L ENGINEERS W. H. EBERT SANCO PIPE R.W. FRENCH Item Description Quantity Unit Unit Pricel Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 Install 18" R.C.P. 170.0 L.F. 50.0 1 8,500.00 79.0 13,430.0 123.0 20 910.00 80. 13,600 2 Bore and Jack 18P.V.C. 70.0 L.F. 150.0 10,500.00 290.01 20,300.0 289.0 20 230.00 2751 19,250 3 Install Manholes 2.0 Ea. 2000.0 4,000.00 1500. 3,000.00 1300 1 .0 2,600.00 1075 2,150 4 Install Christy Boxes 2.0 Ea. 300.0 600.00 350.0 700.00 300.0 600.00 850 1,700 5 Install Rip-Rap L.S. L.S. 6000. C 6,000.00 7900.0 7,900.00 600.0 6,600.00 4;45012-4 4'5"0"" 6 Install 6" Frenchrain 859 L.F. 18.0 15,462.00 15.0 112,885.00 29.0 1240,911.00 ' 26' 22-'344r TOTAL 45,062.00 58,215.00 75,851.00 83,484. a a U T U C O a f C L 0 AGREEMENT BY THIS AGREEMENT made and entered into on the day of ,19 ,.by and between the City of Saratoga (hereinafter referred to as CITY) and, NAME: W. H. Ebert Corporation ADDRESS: 1620 S. Seventh Street San Jose, CA 95112 PHONE: 408- 297 -1031 (hereinafter referred to as CONTRACTOR), in consideration of their mutual convenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and /or materials in accordance with the exhibits list- ed below: Construction of drainage improvements on Sarahills Drive in accordance with project plans dated November, 1989. EXHIBITS - The following attached exhibits are made part of this Agreement: 1. Project Plans. 2. Contractor's Bid Proposal dated 3. Contractor's Certificate of Insurance. TERMS - The services and /or materials furnished under this Agreement shall commence on City's Authorization and shall be completed on or before Twenty (20) working days COMPENSATION - For the full performance of this Agreement, City shall pay Contractor: $58,215 as stipulated in Contractor's Bid Proposal dated July 26_, 1990. Actual compensation may vary depending on actual quantities of work performed and shall be based on the unit prices bid for each work item as stated in the Contractor's Bid Proposal. Extra work, if ordered by the City, shall be compensated on a Force Account basis and shall be com- puted as specified in Section 9 -1.03 of the State of California, Dept. of Transportation Standard Specifications dated January, 1988. GENERAL TERMS AND CONDITIONS - Hold Harmless. Contractor agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from any and all demands, claims or liability of any nature, caused by or arising out of the negligent performance of this Agreement. Insurance. Contractor shall file with City, a Certificate of Insurance, before commencing any services under this Agreement, meeting minimum coverage requirements established by City and naming City as an additional insured.. Non - Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, natural origin, age, ancestry, religion or sex of such persons. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between the City and Con- tractor. At all times Contractor shall be deemed to be an in- dependent contractor and Contractor is not authorized to bind the City to any contracts or other obligations. In executing this Agreement, Contractor certifies that no one who has or will have any financial interest under this Agreement, is an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or varia- tions of any kind are authorized without the written consent of the City Manager or his authorized designee. Termination. This Agreement may be terminated by City upon ten (10) days written notice to Contractor. Monies then owed to Contractor based upon work satisfactorily accomplished shall be paid to Contractor. A This Agreement shall become effective upon its approval and ex- ecution by City. In witness thereof, the parties have executed this Agreement the day and year first written above. .PROJECT MANAGER FOR CITY - CONTRACTOR - Larry I. Perlin By: City Engineer City of Saratoga Title: 13777 Fruitvale Ave. Saratoga, CA 95070 Social Security 408/867 -3438 or I.R.S. Number: .INVOICING - Send all invoices CITY OF SARATOGA - to the Project Manager at the above address. By .APPROVALS - City Manager City Engineer Organization: 9010 Account: 4510 Project: 941 Amount: $58,215.00 City Attorney Progress Payment Record: No. Date Amount Balance 1. 2. 3. 4. 5. a SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO.—loo AGENDA ITEM MEETING DATE: July 24 1990 CITY MGR. APPROVALJ=—�=� ORIGINATING DEPT: Engineering Y SUBJECT: Route 85: Prospect Rd. to Saratoga Creek - Grant of Revised Easement Recommended Action: Approve revised Grant of Easement and authorize Mayor to execute Deed. Report Summary: On May 2, Council approved the granting of three temporary con- struction easements to CALTRANS for the Route 85 project from Prospect Road to Saratoga Creek. Two of the temporary easements are located within Kevin Moran Park, while the third easement is located across the freeway in Azule Park, (see attached map). Since then, CALTRANS' designers have determined that one of the two easements in Kevin Moran Park, No. 49333 -2, needs to be modified. Also, it has been determined that the easement should be a permanent easement and that it should be made in favor of the West Valley Sanitation District as it is strictly needed for the placement of their facilities. The revised easement descrip- tion and map are attached for your review. Fiscal Impacts: None. Attachments: 1. Map of original easements. 2. Revised easement description. 3. Revised easement map. t. OFFICE OF COUNTY ASSESSOR- SANTA CLARA COUNTY, CALIFORNIA NIZ NORTHAMPTON 34 II 386 36 assi _O Jw. DRIVE / ;. I m� - b TITUS AND LANGTRY TR ACT – o- AV�a�� SCULLY -- —� °%'a' 1 rt a 10.382 AC. OR. I Proposed I 49333-3 �T�mp.Cor/atr. Eosanenl) T CITY OF SARATOGA t`e!s II 50 : r.9 , 1 'i` ui M iH=.. i - (�CEI11N MORAN PARK I I� fEoxr : s40 l i:m,p o /urrr i /Mray1�7 J��nr 1w ¢- .o .� is o O "o t� -'.n O Z PTN. 14 Q , t!1` 4 333-2 emO aeons,#-- Q�\r ci .far.6.CCh•ica /.7crvicr y aeAmM�,A�•A�4� RE: Highway 85 - Parcel 49333 -2 DEED OF EASEMENT The City of Saratoga, a municipal corporation as Grantor, hereby grants to WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, a public corporation, Santa Clara County, State of California, as Grantee, the following easement in the City of Saratoga, County of Santa Clara, State of California, to-wit" BEGINNING at a point in the Northeasterly line of that certain parcel of land described in the Deed from August John Boisseranc, et al to the State of California recorded February 10, 1969 in Book 8429 of Official Records at page 124, Santa Clara County Records, said point bears, along said Northeasterly line S32°23'43 "E 179.67 feet from the Southwest corner of lot 67 as shown on that certain map entitled "Tract No. 2970 Blue Hills of Saratoga" which map was filed for record in Book 134 of Maps at page 54 and 55 Santa Clara County Records; thence from said POINT OF BEGINNING, along said Northeasterly line, S32 °23'43 "E 14.97 feet more or less, to the intersection thereof with the Northerly line of that certain easement for sanitary sewers granted to County Sanitation District No. 4 of Santa Clara County recorded March 11, 1965 in Book 6879 of Official Records, at page 114, Santa Clara County Records; thence leaving said Northeasterly line, along said Northerly line the following two courses: N79 °23'13 "E 2.30 feet and N87015'12 "E 19.88 feet; thence leaving said Northerly line N51 °25'00 "W 27.14 feet; thence S57°36'17 "W 10.56 feet to the POINT OF BEGINNING. Bearings and distances used in the above description are on the California Coordinate System of 1927, Zone III. Multiply distances shown by 1.0000537 to obtain ground level distances. TO HAVE AND TO HOLD said easement for the purpose of acquiring, constructing, completing, reconstructing, repairing, maintaining, and operating sanitary sewers and appurtenances for said District, together- with the right of ingress and egress, therefor. Neither Grantor nor his successors in interest shall erect nor construct any building or other structure, nor drill or operate any sort of well, within the limits of the above described easement. GRANTOR HEREBY FURTHER GRANTS TO GRANTEE the right to the use of such land on each side of the hereinabove described property as may be reasonably necessary for the deposit of earth and construction materials and the use and operation of equipment during the construction, maintenance, repair, or replacement of said sanitary sewers and appurtenances. Parcel 49333 -2 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and signature_ this day of ,19 i Prepared (M&S) Reviewed (WVSD) This real property description has been prepared by me, or under my direction, in co ormance with the Professional Land Surveyors Act. Signature Licensed Land Sumeyor Date k6l GICi AND �\ GF �O J DENNIS A. DILLON �J 4526 N EXP.9/30/90 CF C p�'�/ SARATOGA CITY COUNCIL love EXECUTIVE SUMMARY NO. 0 0 MEETING DATE: July 24, 1990 ORIGINATING DEPT: City -Manager's AGENDA ITEM CITY MGR. APPROVA SUBJECT: Approval of Part - time /Temporary Position - Departmental Intern I Recommended Motion: Approve part- time /temporary position of Departmental Intern. Report Summary: From time to time the City has had the opportunity to hire a local college student to work as an intern during the summer. Up to now the position of intern has not been formalized. Staff is requesting that the attached job description for the position of departmental intern be approved and the position added to the City's part- time /temporary classifications. Employees in these classifications are paid on a straight hourly basis and receive no employee benefits. Hourly rate for the Departmental Intern would be set at $7.50 for f.y. 90/91 and adjusted annually with the adoption of the budget along with the other part- time /tempo- rary positions which the City maintains. Fiscal Impacts: The cost of part- time /temporary budgets. Attachments: Job Description Motion and Vote: help is included in Department City of Saratoga DEPARTMENTAL INTERN Part - time /Temporary July, 1990 DEFINITION: Under direct and indirect supervision of a Department Head or other staff, a Departmental Intern performs sub - professional duties in carrying out the work of a City Department. Duties will vary according to the needs of the Department to which the intern is assigned. EXAMPLES OF WORK: An intern will be assigned projects which are designed to utilize the intern's knowledge and skills while providing in -depth learning of the operations of City government. An intern may work on one major substantive project or on a series of smaller but more varied tasks which would enable the intern to gain a broad view of local government. QUALIFICATIONS: Education equivalent to completion of one year of college courses; ability to work independently, communicate effectively both verbally and in writing, and to establish good working relationships with other staff and members of the public. AV SARRAGT�OGA CITY COUNCIL EXECUTIVE SUMMARY NO. /0U I AGENDA ITEM:— qA MEETING DATE: ORIGINATING DEPARTMENT: CITY MANAGER: MAINTENANCE DEPARTMENTe�� SUBJECT: CITY HALL JANITORIAL SERVICES YEARLY CONTRACT Recommended Motion: Award the City Hall Janitorial Services Contract in the amount of $6,440.04 to Neal's Janitorial Service. Report Summary: This Contract is to provide janitorial services to the City Hall offices. It will become effective August 1, 1990 and will run until the end of the fiscal year June 30, 1991. Staff received the following four (4) written proposals. Neal's Janitorial - $536.67 per month Facilities Maintenance - $539 per month Service by Medallion - $560 per month Pioneer Building Maintenance (present contractor) - $565 per month The low bid represents an increase of $29.67 per month over the current contract with Pioneer Building Maintenance. References for this contractor, who has been the the business for over eight years, have been favorable regarding their overall performance and workmanship. FISCAL IMPACTS: Funds have been included in the fiscal year 90/91 budget to cover these costs. Attachments: Janitorial Services Agreement Motion and Vote: JANITORIAL SERVICES AGREEMENT The City of Saratoga ( "Owner ") hereby enters into agreement . with Neal 's Janitorial Service ( "Contractor "), whose business address is 2670 S. White Road #278, San Jose, California 95148, to provide janitorial services to the City Hall offices. It is agreed as follows: 1) Scope of Work: Contractor shall perform work according to the specifications listed in Attachment A. Scope of Services to be Performed, and the term of this agreement will be for a period of one year (Fiscal Year 1990191), beginning the day this contract is executed and ending on June 30, 1991. 2') Agreement Price: Owner shall pay and the Contractor shall accept, in full payment for the work agreed to be done, the sum of Six Thousand Four Hundred and Forty Nine dollars and four cents ($6,440.04), said price shall be paid at $536.67 monthly until the end of this Agreement. 3) Contract Documents: The completed proposal consists of the following documents: This agreement, Scope of Services to be Performed, Frequency of Service, Term of Proposed Contract, Insurance and Bonds. All rights and obligations of Owner and Contractor are fully set forth and described in the contract documents. All of the above -named documents are intended to cooperate, so that any work called for in one, and not mentioned in the other, or visa - versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as "the contract documents." In the event of any variation or discrepancy between any portion of the Agreement, and any portion of the other contract documents, this agreement shall prevail. 4) Disputes: Should any dispute arise in respect to the true value of any work done, or any work omitted, or any extra work which may be required, or in respect to the amount of any payment to the Contractor during the performance of this contract, such dispute shall be decided by the Diretor of Maintenance, and the decision of the latter shall be final and conclusive. 5) Permits: The Contractor shall, at his expense, obtain all necessary permits and licenses, etc., necessary for the performance of this contract, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of public health and safety. $t, I 6) Worker's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and shall for that purpose agree to obtain and keep in effect adequate Worker's Compensation Insurance. 7) Non - discrimination: In connection with the performance of the Contractor pursuant to this Agreement, the Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, age, religion, sex, ancestry, national origin, local custom, habit or sexual orientation. 8) Termination of this Agreement: Either the Contractor or Owner may terminate this agreement at any time upon 30 days written notice. Should this Agreement be terminated, the Owner shall pay the Contractor for any services rendered prior to such termination. 9) Independent Contractor: The Contractor is, and at all times shall remain an independent Contractor, and not an agent, officer or employee of the Owner. As such independent Contractor, neither the Contractor nor any of its agents or employees shall be entitled to any salary, fringe benefits, worker's compensation, retirement contributions, sick leave, insurance or other benefit or right connected with employment by the City of Saratoga, or any compensataion other than as provided in the Agreement. In addition, the Contractor shall have no power or authority to bind the Owner to any contract or otherwise to incur any obligation or' liability for, or on behalf or in the name of the Owner. 10)LiabilitY Insurance: During the term of this Agreement, the Contractor shall. maintain in full force and affect comprehensive general liability insurance and automobile liability insurance, providing coverage in form and amount satisfactory to the Owner, with such policies being endorsed to name the City of Saratoga, and its officers, officials, employees and volunteers as additional insureds . thereunder and to require 30 days prior written notice from the carrier to the Owner of any cancellation or reduction of coverage. A certificate of insurance or, if required by the Owner, a copy of each policy, shall be furnished to the Owner prior to commencement of any services hereunder. 11)Hold Harmless: The Contractor shall indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from and against any and all claims, demands, causes of action, expenses or liabilities, including attorney's fees, arising out of or in any manner relating to the performance by the Contractor of its services hereunder, and the Owner shall not be liable for any negligent acts or omissions of the Contractor. I 12)Notice: Any notice may be served upon the Owner by delivering it in writing, addressesd to Mr. Dan Trinidad, Director of Maintenance, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and to the Contractor, Neal 's Janitorial Service by delivering it in writing, addressed to 2670 S. White Road #278, San Jose, CA 95128.- 13) This constitutes the entire Agreement between Don and Mike's Sweeping and the City of Saratoga, and includes the following attachments: Attachment A - Scope of Services. In Witness Whereof, the parties have executed the Agreement, July , 1990. Owner: City of Saratoga, a municipal Corporation By: Contractor: Neal's Janitorial Service By: 1` The City._of Saratoga is notifying interested Janitorial Services Contractors of the need for a proposal for janitorial services to clean the offices at the City of Saratoga City Hall, 13777 Fruitvale Avenue. SCOPE OF SERVICE All of 'the following task' descriptions will be performed routinely five days' a week, Monday through Friday, unless, otherwise noted. All work must be completed between the hours of b:00PM and 7:OOAM daily. ITEM 81 1) Gather all: waste paper and place for disposal. 2) Empty and clean all ash trays. 3) Sweep and /or dust mop all floor surfaces. 4) Vacuum clean all carpeted areas. 5) Dust desks, chairs, tables and other office furniture. 6) Dust counters, file cabinets and telephones. 7) Dust all ledges and all other. flat surfaces within reach. 8) Dust high partition ledges and molding. Note: weekly. 9) Remove-fingerprints from woodwork, walls and partitiong. 10)Remove fingerprints from door and partition glass. 11)Clean restroom fixtures and chrome fittings. 12)Cleau and refill all restroom dispensers from stock. 13)Spot wash restroom walls, partitions and doors. 14)C1ean restroom mirrors. 15)Wet mop restroom floors. 16)Sanitize toilets, toilet seats and urinals. 17)Wash all drinking fountains. 18)Polish or clean door kick plates and thresholds. Note: monthly 19)bust all venetian blinds. Note: monthly. 20)Vacuum clean all window draperies. Note: yearly. 21)Dust off or vacuum air grills. Note: weekly. 22)Keep - janitor closet clean and orderly. 23)Leave only designated night lights on. 24)Chock and lock windows, doors and gates upon completion of work. 45,)Floor waxing. a) Buff .and wax all the monthly. b) Strip, and re -wax all tile, twice yearly. EXECUTIVE SUMMARY NO. AGENDA ITEM: !� MEETING DATE:? 24 90 ORIGINATING DEPT.:Planning CITY. MGR. APPROVAL SUBJECT: Revised site plan for DR -89 -013 and Approval of a Nega- tive Declaration; Applicant: Ira & Mayumi Velinsky Location: 15859 Hidden Hill Rd. Recommended Motion: Staff recommends that the City Council approve the Negative Declaration and the revised site plan as proposed. Report Summary: In response to the outcome of a recent lawsuit, the applicant has modified the City Council approved plan to construct a single family residence in the HC -RD zone district. This report provides the background regarding issues surrounding the approval as well as analyzes the proposed changes. The issue before the Council pertains to the changes requested by the applicant and the approval of the Negative Declaration. Staff reviewed the modified plans and find they substantially achieve the objectives of the approved plan. The Negative Declaration which is attached to this report concludes that there will be no adverse environmental impact as a result of this project. Fiscal Impacts: None Attachments: 1. Negative Declaration 2. Judge's Decision 3. Council Resolution Motion and Vote: F/7 ;/f1 r = � 01�_guw @0 &UQYB& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 MEMORANDUM TO: Mayor and City Council DATE: 7/24/90 FROM: Stephen Emslie, Planning Director SUBJECT: Revised Site Plan for DR -89 -013 and Approval of a Negative Declaration; Applicant: Ira & Mayumi Velinsky; Location: 15839 Hidden Hill Road Recommended Motion Staff recommends that the City Council approve the revised site plan and approve the Negative Declaration. Background On December 20, 1989, the City Council approved a variance and design review application to allow the construction of a single family residence on an undeveloped hillside lot at 15839 Hidden Hill Road. The variance allowed an eight foot front yard setback where 35 feet was required. The design review approval allowed the construction of a one -story 23 foot high single family resi- dence. The debate surrounding this proposal involved several salient issues including: 1. Preservation of the existing topography and the accuracy of its depiction by the applicant's engineer; 2. House size and the compatibility with the surrounding commu- nity; 3. View preservation and tree removal; 4. Findings to grant a setback variance; 5. Environmental documentation required by the California Environmental Quality Act. This report will summarize each of these issues in order to provide the City Council with the context to review the proposed modifications. 1. Topography The site is characterized by a steep ravine approximately 40 feet deep. To the north of the ravine, is a level pad suitable for the proposed construction. For discussion purposes, the ravine has been described as the land below the 660' elevation and the pad as the land above the 660' elevation. Staff analysis of the proposed construction stressed the impor- tance of eliminating encroachment into the ravine. While locat- ing the home above the 660' elevation resulted in a home more prominent on the site, staff felt that preservation of the ravine was a priority. Further, staff felt that the one -story design and the surrounding vegetation greatly minimized the visual prominence of the building location above the 660' elevation. The technical accuracy of the topography as depicted by the applicant's engineer was questioned by neighbors surrounding this proposal. The Council noted at previous hearings that the actual building site was verified by the applicant's engineer. However, questions regarding the overall site's contours and its average slope remained as a concern to the neighbors. The City Council ordered an independent verification of the entire site by an- engineer selected by the City, to determine if the average slope as indicated by the applicant was correct. The result of this action certified that average slope did substantially conform to the applicant's asserted calculations. The certified survey did not require any change to the proposed plan as it remained in conformance with the City's limitation on the house site which is a function of the average slope calculation. House Size and Compatibility The proposed site is the last undeveloped lot amid a neighborhood that has developed incrementally over the last several' decades. Therefore, the compatibility of the proposed home with the inten- sity of development surrounding it was a significant factor in analyzing this proposal. Staff researched the County Assessor's tax rolls to survey the extent of surrounding development to create a compatibility benchmark. The following tables illus- trate the results of this research. 2 Velinsky Neighborhood House Sizes Including Accessory Structures TABLE I TABLE II SURVEY OF SURVEY OF DEVELOPMENT ADJACENT TO PROJECT Assessor's Parcel # Main Residence Sq. Ft. + Accessory (Owner) Garage Garage Structures Structures 510 -24 -006 (Hwang) 5600 + 900 = 6508 sq. ft. 100 cabana 510 -24 -018 (Hagland) 2591 + 1100 = 3691 sq ft. None 510 -24 -020 (Sogg) 3386 + 1832 = 5218 sq. ft. 884 (cottage) + 3602 + 998 = 4600 sq. ft. 936 (unit) 510 -29 -032 (Alexander) 1694 + 456 = 2250 sq. ft. 1122 (unit) + None 510 -24 -015 3204 + 720 = 3924 576 (unit) ft. None 510 -24 -016 *5100 + 477 250 (garage) + 510 -29 -062 (Singh) 3796 + 252 = 4048 sq. ft. 768 (guest) Sub Total sq. ft. None 21,615 sq. ft. 4736 sq. ft. Average Sq. Ft. 21,615/5 = 4,323 sq. ft. 4766/5 = 947 sq. Total Average Sq. Ft. + 1832 5,270 sq. ft. TABLE II SURVEY OF DEVELOPMENT IN THE HIDDEN HILL TRACT Assessors Parcel # Main Residence Sq. Ft. + Accessory Garage Structures 510 -24 -010 3154 (no garage) = 3154 sq.ft. None 510 -24 -011 2844 + 1215 = 4059 sq. ft. None 510 -24 -012 4046 + 756 = 4802 sq. ft. None 510 -24 -013 3602 + 998 = 4600 sq. ft. None 510 -24 -014 3736 + 768 = 5404 sq. ft. None 510 -24 -015 3204 + 720 = 3924 sq. ft. None 510 -24 -016 *5100 + 477 = 5577 sq ft. None 510 -24 -017 3256 + 850 = 4106 sq. ft. None 510 -24 -018 2591 + 532 = 3123 sq .ft. 568 (guest) 510 -24 -020 (Sogg) 3386 + 1832 = 5218 sq. ft. 884 (cottage) 936 (unit) 510 -24 -021 2991 + 700 = 3691 sq. ft. None 510 -24 -022 3175 + 432 = 3607 sq. ft. None 510 -24 -023 3653 + 660 = 4314 sq. ft. 400 (carport) 510 -24 -024 3488 + 800 = 4288 sq. ft. None 510 -24 -025 2808 + 720 = 3528 sq. ft. None 510 -24 -026 4185 + 768 = 4953 sq. ft. None Sub Total 67,447 sq. ft. 2,788 sq. ft. Average sq. ft. 67,477/16 = 4,217 sq. ft. 174 sq. ft. Total Average sq. ft. 4,391 sq. ft. *Based on engineer plans prepared by owner ,, The applicant proposed a 4824 sq. ft. one -story residence inclu- sive of all building and garage area. Staff felt that the inten- sity of the use was consistent with the survey of homes, garages and accessory structures typically found in the immediate area. Further, staff feels that the standard established by the Hidden Hill tract also permits the structure as proposed and remain compatible with its neighborhood. View Preservation &_ Tree Protection Much concern has focused on the visual impact the proposed resi- dence will have on both the views from adjacent properties and distant views from the Valley floor. Additionally, two ornamen- tals exist on the optimal building area constraining the location of the building footprint. The ravine topography and the lower elevation of the property to the south results in portions of the building to be visible from the neighbor's property. Although not visible from the main residence, the proposal will be seen from accessory units and outdoor vantage points. Staff has maintained that increasing the setback from the ravine by locating the building above the 660' elevation, will reduce the visual impact to this property. Construction within the ravine compounds the visual impact to the southern property accentuating the apparent building height. Further, staff feels that the one -story design and reduced build- ing height also serves to minimize visual impact to the adjacent property. Staff also examined the potential visual impact to distant views from the valley floor. To move the structure outside of the ravine, the building is placed higher on the site. While this location could result in increased visual impact, staff feels it to be minimal in this case. The densely vegetated environs make this site visually unobtrusive. Staff investigated several vantage points along Highway 9 which proved the lack of visibili- ty from this direction. Two trees, a cedar and a pine, are located in the natural build ing location. While staff noted that it was possible to save these trees, it meant locating the structure further to the south and west into the ravine. Therefore, staff recommended that suitable replacement trees be required in order for the structure to utilize the level portion of the site. Variance Findings Staff concluded that the presence.of the unique topography, namely the ravine, created extraordinary circumstances justify- ing the granting of a setback variance. Because the suitable building location exists in close proximity to the north and east property lines, a variance was recommended to reduce the front 0 yard in order to utilize the topographically unconstrained por- tions of the site. Further, no adverse impacts resulted by granting the front yard variance due to the large setbacks pro- vided by the adjacent residence. Objection to the variance was raised by adjacent neighbors. While the encroachment into the front yard was not a direct impact to the concerned parties, they asserted that the house size should be reduced to provide code conforming setbacks and remain outside of the ravine.As shown in the above table, staff felt that the intensity of space development was consistent with the surrounding neighborhood and concluded that no reduction in square footage was warranted. Environmental Documentation All proposals for alteration of the environment are addressed by the California Environmental Quality Act. As the Council is aware, there is a graduated level of environmental documentation required depending on the nature of the request. Small projects such as the construction of a single family home is classified as a categorically exempt project requiring no additional environ- mental documentation.. The staff concluded that the proposal was exempt under the State statutes. As the Council is aware, there was a lawsuit filed seeking inval- idation of the approval granted by the City Council. A portion of the law suit argued that the project was subject to further environmental review by virtue of the request for a variance in a hillside location. In the judge's decision, it was concluded that there was no environmental impact resulting from this pro- posal but that the next level of environmental review should occur. Namely, the judgment stated that a Negative Declaration should be prepared to conclude no significant affect on the environment would occur. Attached to this report is the draft Negative Declaration submitted for Council's approval. Proposed Site Modification The applicant has elected to submit revised plans to eliminate the need for a variance and to keep the structure out of the ravine. For Council's reference, the following tables are pro- vided comparing the approved plan and the revised plan: TABLE III SITE CHARACTERISTICS Zoning: HCRD General Plan Designation: RVLD Average Site Slope: 23.6% Net Parcel Size: 47,154 sq. ft. 5 WA'RT.F± TV PROJECT COMPARISON Approved Revised Code Req./ Project Project Allowance Materials: Horizontal wood same requires siding painted gray compatible brown; gray tile roof exterior accent; composition materials shingle roof Lot Coverage: 8,542 (180) 8,841 (18.7 %) 11,789 (250) Height: 23 ft. 2516" 26 ft. Bldg. Size: 4,824 sq. ft. 4,808 sq. ft. 5,142 sq. ft. Front Yard 8 ft. 40 ft. 35 ft. Rear Yard 110 ft. 100 ft. 50 ft. Rt. Side Yd. 20 ft. 20 ft. 20 ft. Lt. Side Yd. 88 ft. 76 ft. 20 ft. The effect of the proposed changes has shifted the house to the west to increase the front yard setback. In addition, the foot- print has changed to decrease the length of the building. The length was reduced by relocating a bedroom from the west side elevation to the south, making the building wider than in the approved plan. The previous proposal was over 150' in length; the revised proposal is now 135' in length. By increasing the width, the measured building height has also increased. Because the natural grade begins to drop dramatically at the 660' contour, the finished grade on the south elevation also drops. The revised plans are 2 -1/2 feet higher than the previously approved plans due to a lower natural grade in this location. The design elements and exterior materials remain as initially approved. The structure employs natural materials and colors to blend it with the environment. The building is massed and articulated similar to the previous proposal. C= Conclusion The applicant has shown that a code conforming structure can be built which remains substantially above the 660' contour. Staff is satisfied that the ravine is protected. Further, staff finds that the revised site plan eliminates the need for any paving or retaining walls extending into the ravine. Lastly, staff feels the reduced length of the structure also results in a positive change from the approved plans. Step en Emsyie Planning Director SE /dsc Attachments: 1. Negative Declaration 2. Judge's Decision 3. Council Resolution 7 RES -ND File No. DR -89 -013 Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the City of Saratoga, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the Cali- fornia Administrative Code, and Resolution 653- of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the envi- ronment within the.terms and meaning of said Act. PROJECT DESCRIPTION The project proponents propose to construct a one -story single family residence in the HC -RD zone of the City. The proposed 4824 s.f. residence is situated on a 1.29 acre site in the hill- sides of southwestern Saratoga. ENVIRONMENTAL SETTING The site is bisected with a ravine which carries water during the rainy season. Above the ravine is a relatively level building area located in the northeast portion of the site. The site is vegetated with native ground cover and grasses. Two introduced species of trees, a cedar and a pine, are located within the building area. PROJECT PROPONENT Ira Velinsky P.O. Box 93 El Granada, CA 94018 MITIGATION MEASURES None are required REQUIRED FINDING Based on the findings in the attached initial study, this project will not result in significant environmental impact and an envi- ronmental impact report will not be required. PROJECT LOCATION The project is located at the end of Hidden Hill Drive (see map attached). 1 RES -ND File No. DR -89 -013 Executed at Saratoga, California, this n �---_ day of ______, 1990. DIRECTOR OF PLANNING DIRECTOR' AUTHORIZED STAFF MEMBER 90 .1 %Y415 967 1395 ATKINSON-FARASYN --*4 SARATOGA CITY 1� () [.);) Fe�e� ,:vii GRA E TA VINOA 2 F,�2'Rr -`� 14 5 .5 M zV" 7 90 21 22 23 24 25 - . 26 6) Sant A. ...TRA VE=SK-�, Mj�.yumT -IW. --and- DOES- vEL SZyr 7 Real Parties.. in . . .... The court finds that Patitioner did apparently exhaust its admirdstrative remedies by requesting preparation of an EIR at the public, hearing of December 20, 1989: As for the EIR requirement, the Court believes that although the construction of a, single family home is ordinarily. categorically exempt, and unusual circumstances are not indicated I3 t - 14 ,: I6 I3 14 ,: I6 19 20 21 . . 22 23 24 25 26 S$441 A JU 1G:0•3 Y415 96 7 UUf in this case to take the Velinsky house out of the exemption., the variance of the magnitude and on the slope involved here is not exempt. Therefore, the entire "project" is subject to the -_EIR requirement On the other` hand, no significant effects on -the environment are evident.,.. Construction of a single family home on a hillside already dotted with other hones on similar -sized lots`,. in an exIsting subdzvzsion does not seem likely to have a significant environmental effect, and none are apparent on the record. As for the.variance, since the "front" property Line .faces the backyard of a neighbor who approved the variance, rather than the street, it is .obvious that the variance _will not have significant, environmental. "effect either. - . Therefore, the _ .. e law requires only the preparation Qf a negative declaration in this case.. California Covernment. Code sec. 65906 rather severely restricts the granting of variances -from zoning ordinances, An .administrative agency does not have broad discretion to override a legislative determination, I. for example, of desirable setback p y, : it i _ limits. S ecifica_ll s not within a city council's discretion to decide 35 feet is unreasonable when it prevents an owner from building a 4,824 square --foot home, unless the city council determines that a 4,824 square -foot home is a privilege enjoyed _ by other similarly- situated property rty owners in ''the vicinity. See Cal. Govt. Code sec. 65906. The Court finds a lack of substantial evidence supporting 2 f I ii6 i21 -9ii l :ii1 415 967 1195 ATKI.NSti - FARASY_ N SARATOGA CITY LO 004 1 the Sarataga City Council's determination that a variance .was 2 necessary to avoid depriving the Velinskys of any privilege 3 enjoyed by their neighbors. - 4 A writ of mandate is issued to rescind the permits on the 5 Vel.insky Property, -pending preparation of a negative declaration, `. 6 pursuant to California Public Resources Code sec. 21080(c). 7 F rther, the variance on the subject . property should be rescinded =.- until- and-.. unless substantial evidence can be presented to shout that the variance is necessary to avoid depriving the Velinskys 1Q of a-privilege enjoyed by other property owners the vicinity ` 11 'within the raeanin of Govt Code sec_ g 12 Dated: . ,Tune 19, 1990 13 y PETER G. STONE - 15 Nudge of the Superior court - 16 19 20 21 22 23 24 i 25 26 0C) 5441 A .3 RESOLUTION NO.: 2622.1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVERSING A DECISION OF THE PLANNING COMMISSION WHEREAS, IRA VELINSKY and MAYUMI VELINSKY, the applicants have applied to the City of Saratoga for variance approval to allow an 8 foot front yard setback where 35 feet is required for a new single family residence to be constructed upon property located at 15839 Hidden Hill Road, such application being identified as V -89- 043, and WHEREAS, on November 25, 1989, the Planning Commission of the City of Saratoga conducted a public hearing on said application, and following the conclusion thereof, the Planning Commission denied the application; and WHEREAS, the applicants have appealed the decision of the Planning Commission to-the City Council; and WHEREAS, the City Council reviewed and considered the staff reports, minutes of proceedings conducted by the Planning Commission relating to said application, and the written and oral evidence presented to the City Council in support of and in opposition to the appeal; NOW, THEREFORE, the City Council of the City of Saratoga at its meeting on December 20, 1989, by a vote of 3 -2 with Councilmembers Moyles and Stutzman dissenting, did resolve as follows: 1. The appeal from the Planning Commission was upheld and the decision of the Planning Commission was reversed. 2. The, City Council was able to make the findings required for granting the variance, based upon the following circumstances: (a) The variance is necessary because of special circumstances applicable to the property, including size, shape topography, location or surroundings, strict enforcement of the specified regulation, would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. Due to the unusual topography, a 40 ft. deep ravine, which bisects the property, the suitability unconstrained building site lies 1 in the northeast corner of the property which requires a setback variance in order to develop a home comparable to others in the neighborhood. (b) The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. Because other property owners in the zone district enjoy single family homes on property similarly sized, the applicant is merely enjoying a property right commonly seen throughout the neighborhood. The variance is required to enable the applicant to locate a home comparable in size by Saratoga standards in the most unobtrusive location. (c) The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The variance is to a front yard setback which is adjacent. to the easterly neighboring parcel. Because the adjacent home is set back'a substantial distance and the adjoining yard area is a level pad substantially lower in elevation, the visual impact of the reduced setback is minimal. 3. The variance is granted, subject to all of the following conditions: (a) All conditions contained in Resolution No: DR- 89 -013 are incorporated herein by reference and shall remain in full force and effect. (b) In accordance with conditions of DR -89 -013, the applicant shall include appropriate landscape material in the required landscape plans to compensate for the removal of the two ordinance size trees. (c) A topographic survey shall be made of the property by an independent civil engineer selected by the City. The cost of such survey shall be paid in advance by the applicants. Based upon this survey, the engineer shall determine the average slope of the property, in accordance with Section 15- 06.630 of the Zoning Ordinance. Such average slope shall N A then be utilized for the slope adjustment required under Subsection 15- 45.030(c) of the Zoning Ordinance and the allowable floor area shall be calculated after making such adjustment. If the allowable floor area as so determined. is less than the proposed dwelling, the size of the structure shall be reduced to conform with the allowable floor area and revised plans reflecting such reduction shall be submitted for approval by the City Council. If the allowable floor area as so determined is equal to or greater than the proposed dwelling, no further action shall be required. IT IS FURTHER RESOLVED that this Resolution shall supercede and replace Resolution No. 2622 passed and adopted on January 3, 1990. The above and foregoing resolution was passed and adopted at a. regular meeting of the Saratoga City Council held on the 18th day of April ,1990, by the following vote: AYES: Councilors Anderson, MQyles, Peterson, Stutzman and Mayor Clevenger NOES: None ABSENT: None ATTEST: .4 Att'� L' ILI--rl City Clerk 3 RIM, A 0 • IAWASM VIA LAW ()I'FTCIZk OF 13R[- '(.-!F "rICITININ, INC. 17i!` 9 !0+7 .1y 1090 ID Saratoga City Council. 13"1 Fruitvale Avemjc. Saratoga, CA 95070 Re: CD-U-III-7-il Meeting of 7/2-4/90 Agenda Ttern tlo. 10-6. Revised Site Plan fox- 1 0 1 - _:_ ky) Dear' 'C'ity Council mcmbers: `.^1) s -Ietto�!r setg fo*-rth de-Velo-pinc-mts regarding the topic of 23' i9go tax e'd lett-er to you. I enclose a. copy 0� my -1 ettc!r to iial.-olld L. Toppel J c i e -. c;,,i a- bl' n h i C, p J. n i r-I 11 t C, fit_- re ;':k -f'. cl y Out - autf' ority to grant the conti-n'uance in Tny J-u.'111-7 G-"-d facsimile letter, 1 you for your ccn-isidel,ation of these Respectfully yours, BRUCE TICH�N'IN BT: j I CC., Ilarold L. ToppcI, Esq. William D. MCHLVI Coalition for MIIS.Ide 1'r_-^'t iuiCt l-on Wanda Alexander Ma /--I p 13 iZ ru ci F- T i,c ff I N 1, N. TINZC, 7-7 ', 3 NORTU P ; :-Y :STS } ,sV)r N _v 950i 'i t4k)S) 7 July 24, 11990 VIA EAQ31L Harald S, Toppel., Esc, Atkinson- Fa ra s-yli j At-t-(:)1.7Pf--YS at Law 660 TA',' e- s t Egan- S tr -e e.t, P. U. Box 279 Mov,i.zitcain Re: Saratcqci 0"F Site -PI-an foi, r)R•-n9-05-3 Dear Mr. T(,-)yPpel- T I i i s I t e Y- c' 0 n., f i"I -c- 1--- i�, r-; c, I-) :t; t. p ri 0 Iff cj�.*i t c-� I c� p-no n �- 8 rkn., n c e of J U) I j/ G^fic k. E. a r� to Auy you advised 'Inn I-lad rl�ce-ived --PTV lvi�wvkl mw V23/c,,,O fait lc-rtt-e-r to the. S-azat1�q-a City Co"An-v -'A YOU wit"'I my -At ch L th !'U' k nce I r(�cluested,- a legal, to �!-an -L L 8 C 0 I'l T- i a . k 3. liowe-vel--I �n as I I'lir - d-8c,et- L ..10nary o r to grant t A e conta nce , i i- n 8 w I -c do >p, -A n d 4. 1. �,cu are arl OP11-i 1-011 ♦Y i-1--e e,.o tcrit�.-, of -.mw "o th;� ci.v u i i i t en d to 1, a F. cl v i G F, e ic Qut in a r a I-a 1)1: 2 =.nd S of lei,-.ter, Very t-I--LI-IY BRUCE rT(,,4fN-fN BT/ j -1. Enclosure C o a 1. i t i. o r., f o .- ii i. I I s � d -2- --' r!�-, r--: c n Wanda Alexander William. M(-.:Hu--,h, Esq. lDe- LA.w 1, r rlota►.q of 13RLrQE TicEIININ.INC. 17775 NORTH ONTtCRMY FtiTR1CKT MOR(iAN TYJTJT.0ALIFORNIA 95037 TIG[.WPHOiVE (408) 779 -9194 FA08IMI -0 (•08)778 -x702 July 23, 1990 VIA FACSIMILE Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Council Meeting of 7/24/90 Agenda Item No. 10.E. Revised Site Plan for DR -89 -013 (Velinsky) Dear City Council Members: My office represents the Coalition for Hillside Protection and Wanda Alexander regarding the foregoing matter. I request that you continue the public hearing on this matter to your.next regularly scheduled meeting in order to permit adequate time for me to prepare my client's position for presentation at the hearing. The basis for this request is that Ms. Alexander is entitled under the due process clauses of the state and federal Constitutions to notice of this .hearing "sufficiently prior to a final decision to permit a 'meaningful' predeprivation hearing to affected landowners." (Horn v. County of Ventura (1979) 24 Cal.3d 605, 618, 156 Cal.Rptr. 718, 725). (Please note that this hearing requirement exists in addition to any hearing notice which may have been sent pursuant to the requirements of the City's Zoning ordinance.) We have not had sufficient notice and opportunity to prepare because the staff report on this agenda item, which contains points to which we must respond, was not made available until this morning, one day prior to the hearing. Thank you very much for your consideration of this request. Respectfully yours, BRUCE TIC NIN BT:jl cc: Coalition for Hillside Protection Wanda Alexander EBECIITIVE SUMMARY NO. flb MEETING DATE:? 24 90 ORIGINATING DEPT.: Planning AGENDA ITEM: ( V �. CITY. MGR. APPROVAL ' SUBJECT Revegetation of Lots 1, 2, 3, 9, 10, 11, and the William- son Act Parcel related to Tract 7770 Recommended Notion: Staff recommends that the City Council review the reports of the City Horticulturist and determine if the re- ports' recommendations achieve Council's expectation for reforesta- tion of the sites. Report Summary: The attached memorandum summarizes the two reports prepared by the City Horticulturist: 1) An evaluation of the tree loss at Tract 7770; and 2) Suggestions for revegetation of Tract 7770. The first report deals exclusively with an assessment of trees removed from the Cocciardi portions of the development, Lots 1, 2, 10, 11 and the Williamson Act Parcel. The second report discusses horticul- tural considerations and recommendations for the revegetation of all lots where trees were removed, Lots 1, 2, 3, 9, 10 and 11 and the Williamson Act Parcel. Fiscal Impacts: None Attachments: 1. Staff memorandum dated 7/20/90 2. Staff memorandum dated 5/30/90 3. Summary of Qualifications for Barrie Coate 4. Tree report prepared by Mayne Tree Experts 5. Coate Report: Evaluation of tree loss 6. Coate Report: Suggestions for revegetation 7. Tree location map 8. Restoration plans for Lots 1, 2, 3, 9, 10 & 11 and the Williamson Act Parcel Motion and Vote: ugu'ff o2 0&MZ19Q)0& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 MEMORANDUM TO: Mayor and City Council DATE: 7/20/90 FROM: Stephen Emslie, Planning Director SUBJECT: Revegetation of Lots 1, 2, 3, 9, 10 & 11 and the Williamson Act parcel related to Tract 7770 overview The Council approved restorative grading for Lots 1, 2,3, 9, 10 & 11. However, Council deferred action on the revegetation of these lots pending the completion of reports from the City's Horticulturist, Barrie Coate. This report will summarize the proposed restoration plans for the above referenced lots, and the Horticulturist's reports. Background The following is a lot by lot summary of revegetation proposed by the owners of each lot: Lot 2 Location: Old Oak Way Owner: Cocciardi adjacent to the subdivision entrance Proposed Vegetation: The owners propose to install two 6011, and two 24" box coast live oaks on two reconstructed knolls. The area is to be hydroseeded to return native groundcover. Trees Removed or Damaged: Removed: Seven (7) coast live oaks Trunk Size: 1411, 1411, 1211, 2711, 18 ", 1811, 13" Damaged: Six (6) coast live oaks Trunk Size: 28.511, 16.511, 15.4", 24.211, 27.411, 13.9" Estimated Value of Tree Loss: $31,306.60 1 4 Lot 1 Location: Old Oak Way Owner: Cocciardi northwest of Lot 2 Proposed Vegetation: The owners propose two (2) 60" and two (2) 24" box coast live oaks to be installed on two reconstructed knolls. The area is to be hydroseeded to return natural ground - cover. Trees Removed or Damaged: Removed: five (5) coast live oaks Trunk Size: 2811, 3011, 2411, 2411, 31" Damaged: four (4) coast live oaks Trunk Size: 20.411, 31.611, 2411, 15" Estimated Value of Tree Loss: $41,120 Lot 10 Location: Northwest side of Old Oak Way Owner: Cocciardi Proposed Vegetation: The owners propose two (2) 60" and two (2) 24" coast live oaks to be installed on reconstructed knolls. The area is to be hydroseeded to return the native groundcover. Trees Removed or Damaged: Removed: six (6) coast live oaks Trunk Size: 2211, 711, 911, 1411, 2411, 2011 Damaged: seven (7) coast live oaks Trunk Size: 1611, 16.211, 12.911, 1511, 26.511, 13.811, 16.7" Estimated Value of Tree Loss: $25,705.10 Lot 11 Location: Old Oak Way Owner: Cocciardi at the northwest corner of the subdivision Proposed Vegetation: Three (3) 30" and three (3) 24" box coast live oaks. The area is to be hydroseeded to return native groundcover. Trees Removed or Damaged: Removed: thirtee Trunk Size: 2811, 12 ", Damaged: two (2) Trunk Size: 1311, n (13) coast live oaks 1811, 3011, 1211, 2411, 2011, 20 ", 18 ", 36 ", 28 ", 26" 16" coast live oaks 20" Estimated Value of Tree Loss: $70,523 2 Williamson Act Parcel Location: West of Tract 7770 (fire road & Quarry) Owner: Cocciardi Proposed Revegetation: The owners propose construction of a retention basin at the top of the former Quarry and the recrea- tion of the woodland planting with a mixture of coast live oaks, California Bay and Madrone seedlings. The restoration area will be hydroseeded to return native groundcover and will be fenced to prevent deer foraging. Trees Removed or Damaged: Removed: nine (9) coast live oaks Trunk Size: 2011, 1211, 1811, 2011, 1811, 1811, 1811, 2011, 20" Damaged: sixteen (16) coast live oaks Trunk Size: 16.511, 14.911, 11.911, 19.411, 12.611, 10.311, 1711, 16.211, 21.711, 18.811, 1311, 21.611, 21.611, 16.711, 12.5", 24" Estimated Value of Tree Loss: $24,488 COCCIARDI: TOTAL VALUE OF TREE LOSS: $193,142.70 Installation Factor x 2 = $386,285.40 Lot 3 Location: Chiquita Way Owner: Williams accessed by private easement across Lot 9 Proposed Vegetation: The owners are proposing to install twelve (12) 8" - 9" trunk diameter coast live oaks in an area below the building pad and on the graded slope behind the building pad. The graded areas are to be planted with drought tolerant ground - cover. _ Trees Removed or Damaged: Removed: Two (2) coast live oaks Trunk Size: 2411, 24" Estimated Value of Tree Loss: $24,416 Installation Factor x 2 = $48,832 Lot 9 Location: Adjacent to and upslope from Owner: Rahn Chiquita Way near the northerly subdivision boundary Proposed Revegetation: The owners are proposing to install twelve (12) 24" box trees below the building pad. Graded areas would be hydroseeded with native grasses. 3 Trees Removed or Damaged: Removed: Two (2) coast live oaks Trunk Size: 2411, 24" Estimated Value of Tree Loss: $24, 416 Installation Factor x 2 = $48,832 Summary of Horticulturists Evaluation of Tree Loss The City Code sets out a process to determine the value of trees illegally removed from properties in the City. Section 15- 50.120(b) states that the value of the trees removed shall be computed by using the latest edition of the "Guide for Establishing Values of Trees and Other Plants" as prepared by the Council of Tree and Landscape Appraisers. Mr. Coate, the City Consulting Horticulturist, has applied this formula in estimating the value of the tree loss at Tract 7770. Attached to this report is a summary of his background and previous experience in estimating tree value. The methodology described in Mr. Coate's report establishes a basic value for each tree removed or damaged from the site. As discussed in his report, it is important to account for the remaining trees that were damaged and which will never achieve pre - grading condi- tions. Mr. Coate's estimate includes valuation of the extent to which existing trees were damaged. As mentioned in Mr. Coate's report, the developer also employed a horticulturist to survey the site. While both experts walked the site together to verify location of removed and damaged trees, Mr. Coates' analysis was independent from any input from the develop- er's own expert. The independent review is evidenced by the diver- gent estimated tree value which was computed by the developer's consultant. The City Code establishes the method to assign value to trees removed. Staff interprets the City Code to mean the value of trees is only realized when the trees are installed on the site. There- fore, installation costs, which will equal the tree costs must be added to the estimated tree value. Summary of Revegetation Report Mr. Coate's second report pertains to the quality of the revegeta- tion program proposed by the owners of lots within Tract 7770. Essentially, the report suggests that both long and short term goals for the reforestation of this site. First, the report discusses the short term objective to provide replacement for the tree canopy illegally removed during the grad- ing operation. Mr. Coate indicates that virtually any size tree can be transplanted to the site to provide an in -kind replacement. However, the report recommends that the survival rate of trees directly transplanted from other field locations is lower. The report suggests that transplanted species that have been container- ized in a nursery environment for a period and then transplanted to the site have a much greater rate of survival. The report provides photographic depiction of various examples of containerized specimens. The largest containerized tree available in an 84" box size. A tree in this size container would be 25' tall with a 20' spread. Regarding the long term objective to reforest the site, the report discusses the use of seedlings or leach tubes to re- establish the coverage over time. The report indicates that leach tube trees planted now would provide maximum leaf coverage in a 20 to 50 year time frame. As a method to achieve both the long and short term objectives, the report suggests that multiple trees be replaced for each tree removed. Because the condition of trees removed varies, the report suggests that 1 - 72" box, 1 - 60" box, 2 - 24" box and 3 - 15 gal. replacements for those in prime condition and 1 -68" box, 1 - 48" box and 2 - 15 gal. replacements for those in fair condition. In addition, the report recommends that a proportionate amount of leach tube trees be distributed in reforestation areas. The Council will find that the replacements 10 and 11 and the Williamson parcel, falls tree sizes and quantities suggested by Mr. that are not sized as recommended by the posed. Findings proposed for Lots 1, 2, drastically short of the Coate. Only four trees report per lot are pro- Lots 1,2,10, 11 & the Williamson Act Parcel (Cocciardi) While the restoration plan proposes a mixture of box size trees and leach tubes, the sizes and quantities are not consistent with the recommendations of the Horticulturist's recommendation. In es- sence, the plan is deficient in larger trees in that no 72" box size trees are proposed. Further, the number of smaller replace- ments are not provided in proportion to the trees removed. The restoration plan does include the leach tube trees within the quarry area as recommended by Mr. Coate. Lot 3 (Williams) This plan proposes 12 of the large 60" box trees which exceeds the number of large trees recommended in the report. However, the plan lacks the number of smaller 24" box and 15 -gal. trees or the leach tubes recommended Essentially, this restoration plan achieves the short term objectives.' Lot 9 (Khan) The owner's proposed plan includes 12 - 24" box trees, which does not provide the larger 72"- 60" box sizes to achieve the short term objectives. As proposed, this restoration plan only achieves the short term objectives. Recommendation Staff recommends that the City Council review the recommendation of the City Horticulturist and decide if the report achieves the Council's expectation for reforestation of the development. te —ph en OE m l'e Planning Director SE /dsc y,,� sJ� 2� J% 92 ILJ 1:3777 I�IZI'I�I�V',V_1:.��' ►:;�1'I; • S: �► Z,A �► �O(�.�.('.ALII�UIZ:�I,A5);xO7O (408) 867 '14 38 C()tINCH, NIEMBERS: MEMO Karen Anderson Martha Clevenger David Moyles Donald Peterson TO: The Mayor and City Counc i 1 Francs stutzman FROM: Larry I. Perlin, City Engineer . July 20, 1990 RE: Sequence of Events for the Restoration of Lots 1, 2, 10 and 11 in Tract 7770 At your previous meeting, Councilmember Monia requested an out- line of the sequence of events which will result in the restora- tion of lots 1, 2, 10, and 11 and the completion of the subdivi- sion improvements in the Old Oak Way portion of Tract 7770. The sequence of events as I envision them happening is as fol- lows: 1. The developer, their contractor and their engineers will meet with the City Inspector and myself to review the sequencing and scheduling of the construction activities associated with the grading restoration of the four lots. This meet- ing will be similar to a pre- construction conference and will enable City staff to lay down the ground rules for how the work will be allowed to proceed. 2. The developer will commence grading restoration of the lots in conformance with the approved restoration plans. At the same time, the developer will complete elements of the approved erosion control plan not yet finished. 3. Upon substantial completion of the grading restoration as determined by the City Engineer, the 'Stop Work Order' on the remaining subdivision improvements will be lifted and work on the remaining subdivision improvements will resume. This involves grading and paving of roads, construction of curbs and gutters and installation of utilities, including installation of the 8" water main across the Williamson Act and Garrod properties. 4. At some point, which as of yet is undetermined, the landscape restoration work will begin. This will involve the replant- ing of trees and other plant materials and the installation of either a permanent or temporary irrigation system. It should be noted that all of the above work will be subject to continuous inspection by the City Inspector and that the develop- er's own engineers and consultants will be on -site at all times to document and oversee all work. Also, until all remaining Printed on recyciea paper legal issues are resolved, no Notices of Code Violations or Nuisances filed against the lots will be lifted, no lots will be sold and no Design Review Applications for any of the lots will be accepted. Previously, the Council approved a schedule of milestones which the developer would need to meet to demonstrate sufficient progress towards abating the nuisances and restoring the lots. That schedule is as follows: June 1 - Restoration plans approved by City. July 1 - Restoration and Erosion Control work begins. Aug. 1 - Landscape materials and nursery stock ordered. Oct. 1 - Restoration and Erosion Control work complete. Nov. 1 - Landscape restoration begins. Nov. 30 - Landscape restoration complete. Because an additional month has been spent reviewing the prop- osed restoration plans, staff believes that it is necessary to modify the above schedule accordingly. Staff proposes a revised schedule of milestones as follows: July 10 - Grading Restoration Plans approved by City. July 24 - Landscape Restoration Plans approved by City. Aug. 6 - Grading Restoration and Erosion Control Work begins. Sept. 1 - Landscape materials and nursery stock ordered. Oct. 31 - Grading Restoration and Erosion Control work complete. Nov. 1 - Landscape Restoration begins. Nov. 30 - Landscape Restoration complete. The revised schedule still envisions completion of all restora- tion work and elimination of all nuisances declared to exist within the subdivision by this fall. Completion of the remaining subdivision improvements and restoration of the Williamson Act property will follow separate schedules which have yet to be determined. Printed on recycled paper. 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Mayor and City Council DATE: 5/30/90 FROM: Stephen Emslie, Planning Director SUBJECT: Restoration P4ans for Lots 3 & 9, Tract 7770 Recommended Motion: Review and approve restorative grading and landscape replacement for Lots 3 & 9 in Tract 7770 subject to conditions. Overview Staff has received restoration plans for all lots within Tract 7770 currently in violation of the City's grading and tree pres- ervation: Lots 1, 2, 3, 9, 10 & 11. Staff finds that the restor- ative actions on two lots (3 - Williams) & (9 - Khan) are con- sistent with regrading and tree replacement provisions of the City Code. Lots 1, 2, 10 & 11 (Cocciardi) are currently under review by the City Horticulturist that will be completed prior to the 6/20 City Council meeting. Background Both lots 3 & 9 require restoration, including grading and addi- tional landscaping to replace the multiple trees removed without permits. The specific violation details are as follows: Lot 3 _ Williams Grading: An existing level area conceptually identified on the approved tentative map as a building location was ex- panded into a westerly facing slope. Minor grading occurred on the existing pad to even out this area. Tree Re_: Two oak trees at 24" each were removed. One tree was on the westerly slope and the other was to the east of the existing level pad. 1 Lot 9 - Khan Grading_: A building pad was created between the 682' and 686' elevations. This created building pad is generally located within the conceptual building located on the ap- proved tentative maps. In creating this pad a topographic "finger" extending from the westerly slope was cut and fill placed below the 685' elevation. Tree Removal: Two oak trees at 24" each northerly of the created pad adjacent to existing dense vegetation. In considering restoration of these lots, staff applied the following criteria: 1. Pursuant to -City Code 15- 50.120(a), trees removed illegally shall be replaced with suitably sized replacement trees if feasi- ble. If similarly sized trees are not feasible because of age or size, an equivalent number of trees shall be provided and main- tained. 2. . Pursuant to City Code 15- 50.120(b) where suitable replace- ment trees will not provide equivalent aesthetic value, the value of the trees shall be calculated using an accepted computation. The value of the trees removed plus any installation and mainte- nance costs constitute the civil penalty to be assessed by the City. 3. When it is infeasible to locate all the equivalent trees to compensate the loss of illegaly removed trees, the following formula calculates the civil penalties to be assessed: Civil Penalty = (Value of trees removed) + (Cost to install) - (Actual cost to replant trees which are less than full replacement equivalent) The City's past experience with installation costs has been at least equal to the value of the tree installed. 4. Replacement landscaping shall be located in the immediate vicinity of trees removed and in areas to screen views of future residences to achieve the maximum aesthetic benefit. 5. Restorative grading shall restore conditions illegally removed without resulting in the additional environmental impact or damage. To achieve this, tentative building sites were con- sidered in order to reconstruct landforms so as to help blend the future home with the surroundings and to avoid unnecessary import and export of earth to and from the site. 6. Restorative grading shall not alter natural drainage. pat- terns nor result in adverse erosion conditions. Proposals for restorative grading shall utilize natural drainage patterns to the extent possible. Ea 7. Landscaping shall be provided an automatic and reliable irrigation system for a minimum of five years. The irrigation system shall be water - conserving drip type. Staff has received plans for lots 3 and 9 that adhere to the above criteria. Therefore, staff can recommend that restorative action can begin. The details for each lot restoration can be summarized as follows: Lot 3 _ Williams Gra_ ding: The westerly slope will be replaced with compacted fill material to return the slope to blend the artificial slope with the natural contours. The level pad that existed prior to the illegal grading activities will be retained as a future building site. Replacement Landscapinq: As noted above, two oak trees each meas- uring 24" in diameter were removed from the site. The restora- tion plan indicates 12 oaks at 811 diameter which exceeds the size of trees illegally removed from the site. Four replacement trees are to be located within the reconstructed westerly slope where one tree was removed. The remaining 8 trees are to be located east of the building site to screen future building from neighboring views. All graded slopes are to be planted with ground cover. All replacement landscaping is proposed to be irrigated with either domestic water planned for this subdivision or a temporary non - potable supply if domestic service is not available at the time of planting. Lot 9 _ Khan Grading: The topographic "finger" removed from the westerly slopes to create the building site is.to be reconstructed with compacted fill material. Additionally, a knoll will be con- structed on the east side of the created pad to create a natural transition between the natural slope and the graded pad as well as to screen the future building from neighboring views. Replacement Landscaping: Two trees each measuring 24" in diameter will be removed from the site. Twelve 2411 box size trees are Proposed that will provide the size equivalent of the trees re- moved from the site. The trees are proposed for the slope areas below the created building site to screen future building from neighboring views. All landscaping will be on automatic irrigation system from the domestic water supply. Should domestic water not be available t ae time of planting, staff will require connection to a tempo - ry, non - potable source. Staff finds the proposals for Lots 3 & 9 consistent with the requirements of the City Code as well as the criteria stated 3 above and recommends their approval subject to the following conditions: 1. Installation of trees shall be pursuant to the recommenda- tions of the City's Horticulturist. The Planning Director shall conduct an inspection subsequent to installation to insure satis- factory installation and to verify the tree sizes equal the sizes of trees removed. 2. All landscaping irrigation and grading shall be bonded 150% of its value for a period of two growing seasons. 3. The lot owners shall enter into a maintenance agreement for five years that shall ensure that reasonable care shall be given to all replacement landscaping. The agreement shall be in a form satisfactory to the City Attorney and shall be entered into prior to final inspection of landscaping. STEPHE9 EMSL , Planning Director SE \TRCT770:cw 4 Certified Arborist �58� �ateiiiatioiiai Socie .of Arboriculture, Western Chapter THIS IS TO CERTIFY THAT �J, soazc has passed the Arborist examination given by the Western Chapter of the International Society of Arboriculture. 1990 Certification Committee moo , �Q�oYiu� President BARRIE D. COATE Horticultural Consultant Consulting Arborist 40 8-353 -1052 23535 Summit Road Los Gatos, CA 95030 A SUMMARY OF QUALIFICATIONS My business involves: 1. Preplanting analysis of plant material lists for land- scape architects and contractors. 2. Post planting problem analysis. 3. Analysis of large tree problems for attorneys, archi- tects and city planning department. I am a registered Consulting Arborist and hold a permanent Teaching Certificate for California Junior Colleges_ During the last thirty years, eleven years have been spent in Positions at the Saratoga Horticultural Foundation, the last of which was Director of Horticulture. The balance.of that time has been spent managing wholesale growing grounds. During the last five years, I have served as an instructor in the U.C. Cooperative Extension Certificate Programs for Landscape Archi- tects on the subjects of "Plant' Identification,." and for the Certi- ficate Programs for Gardeners in "Pruning Techniques." Authorship and Editorship includes: •A Study of Ways to Reduce Maintenance Costs Associated With Plant Growth at Naval Installations, co- author James MacNair, December 1984 • Native Plants in Color, 1980 :California 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 Plants & Landscapes for the Bay Area, East Bay Municipal Utility District, 1986. More comprehensive information is separately enclosed. /{L AMERICAN SOCIETY pR LriC7 CONSULTING APOOgIST I SA NTERNATIONAL SOCIETY Of ARBORICULTURE 1983 - PRESENT HORTICULTURAL CONSULTANT AND CONSULTING ARBO_R_IST Self employed 1979 - 1984 SARATOGA HORTICULTURAL FOUNDATION Title: Director of Horticulture Responsibilities: Supervision and implementation of plant selection and testing program. Public relations. 1972 - 1979 BARRIE'S TREES & SHRUBS. INC. Title: Vice President and Generai Manager Responsibilities: Production, Sales Promotion. Create✓+ the operation from bare around to $250.000 /year. 1969 - 1972 WESTERN TREE NURSERIES INC. Title: General Manager Responsibilities: Production, Sales Promotion. Created the operation from bare around for owners. 1962 - 1969 PACIFIC NURSERIES, INC. Title: Manager of Mountain View Growing Grounds Responsibilities: Production. Managed the facility from around breaking. 1960 - 1962 MONTEBELLO NURSERY Los Altos. California Title: Part -time Salesman 1957 - 1962 SARATOGA HORTICULTURAL FOUNDATION Titles: 1960 -1962 - Suoerintendent 1958 -1960 - Propagator 1957 -1958 - Assistant Propaaator and Nursery Wor?<er 1954 - 1957 JAMES SCHWABACHER ESTATE2 Cupertino. Cal,forni3 Position: Gardener EDUCATION 1956 - 1959 San Jose City College /Night School - Pre- l-lor71cuiture 1952 San Jose State Coilege /Pre - Horticulture Major GEl`�IERAL Born: Juneau. Alaska /December 17. 1933 1952 -1954: United States Armv - Infantry. Hc)noraole D!scnarce. Marital Status: Married, two children by orevious marriage ADVISORY SERVICES OFFERED TO LANDSCAPE ARCHITECTS Many contemporary landscape sites are of such odor soil conditions that all possible avenues must be fo l l owed to create a long-term successful !andscarne. These mus t include careful matching of plant species to the conditions of soil chemisrry and structure as wee l I as weather patterns and es the t i c expectations. • Preoare and supervise contract growing schedules, to include insc-ecTion or oian-s at the nursery or upon delivery • Telephone consultation on horticultural subjects Drought-tolerant plant Dallettes Dreoaration • Plant Dallette DreDaration for soecir"ic saes, with soil structure anc cnem!s'r,1 mind • Plant Dallettes evaluated for adaptability to micro -site concitiens Clients served include: RALPH J. ALECANDER & ASSOCIATES. Mill Valley BEALS /LECHNER ASSOCIATES, INC.. San Jose PERRY BURR & ASSOCIATES LANDSCAPE ARCHITECTS, Santa Cruz CARDOZA DILALLO HARRINGTON. Dublin, California DONALD CLEVER INC. DESIGN, San Francisco CHNMB, San Francisco. California CIAS: JMI, INC., Berkeley, California SHEILA DARR LANDSCAPE ARCHITECT. Berkeley DESIGN- PLANNING ASSOCIATES, Alameda INOUYE DILLINGHAM LANDSCAPE ARCHITECTS, Berkeley DILLON /DRULIAS LANDSCAPE ARCHITECTS ASSOCIATES. Los Gatos THE ENVIRONMENTAL CENTER, San Jose ENVIRONMENTAL PLANNING AND MANAGEMENT COMPANY. Davis GERALD G. GREIG LANDSCAPE ARCHITECT, San Francisco HARDESTY ASSOCIATES. Menlo Park MARTIN KAMPH & ASSOCIATES. Los Altos M. KIMURA LANDSCAPE ARCHITECT. Palo Alto GREGORY LEWIS LANDSCAPE ARCHITECT, Santa Cruz M.P.A. DESIGN, San Francisco DOUGLAS J. McADAMS, Sunnyvale ORB IS DESIGN ASSOCIATES. Santa Rosa ROBERT E. ORMSBY LANDSCAPE ARCHITECT, Pleasant Hill PAUL JAY REED LANDSCAPE ARCHITECT. Sunnyvale RUTH AND GOING, INC., San Jose TOM SMITH ASSOCIATES. Citrus Heights THACHER & THOMPSON LANDSCAPE ARCHITECTS. Santa Cruz PETER WALKER-MARTHA ;:,CiUARTZ. San Francisco LEFFINGWELL & ASSOCIATES, Sausalito ARBORICULTURAL SERVICES OFFERED To municipalities: Second opinion tree analysis orovided for City Arborists and City Planning Departments. Analysis of predictable effects of proposed construction and detailed remedial procedures oreoared. Cities Served: City of Saratoga Town of Los Gatos City of Sunnyvale City of Cupertino City of San Jose For Tree Surgeons: Second opinion reports preoared. Companies Served: Able Tree Service, San Jose Blair Tree Experts, Mountain View Sohner Tree Service, San Anselmo Christianson Tree Service, Boulder Creek Davis Tree Service, Santa Cruz Copeland Tree Service, Los Gatos Expert Witness Service for Attorneys and Homeowners' Associations: Roy Krickeberg, San Jose Office of Richard Barrett. Burlingame David McClain, Attorney Office of James Piernat, Burlingame David Beach. Attorney Bill Jennings, San Jose Frederick Michaud, Cupertino Tree Inventories with Replacement and Replanting Plans: Projects Include: Menlo Country Club, Redwood Citv Madronia Cemetery, Saratoga Pasatiemoo Country Club. Santa Cruz Alta Mesa Cemetery, Palo Alto City of Menlo Park Town of Ross Thunderbird Golf Course. San Jose CONSIA.TATION FOR COMMERCIAL LANDSCAPE PROJECTS ARMY CORPS OF ENGINEERS - 1980 ProQosal Creation of a propagation and production plan for revegetation of the Warm Springs Reservoir Watershed Healdsburg, California Elgar Hill Contractor and Saratoga Horticultural Foundation This involved: detailed production charts and commentary sheets for twenty -nine species of indigenous plants, to total one million plants. TERRABAY LANDSCAPE DEVELOPMENT DESIGN CRITERIA - 1983 San Bruno Mountain Cardoza- Dilalio Landscape Architects Designed to: Establish landscape development design criteria for pr000sed Terrabay Project - -332 acre development representing approximately 15 percent of 2,000 acres in the San Bruno Mountains. FOUNTAIN GROVE RANCH PLANT PALLETTE, GENERAL CONSULTING - 1981 North Santa Rosa Area, County of Sonoma Orbis Design Landscape Architects Designed as: Small city of 2,000 acres to include a variety of residential uses supplemented by related commercial, industrial, office and recreational, facilities. RECONSTRUCTION PLAN FOR THE GREAT HIGHWAY AND OCEAN BEACH - 1981 Sloat Boulevard north to Lincoln Way, San Francisco M.P.A. Design Landscape Architects Approximately 3.5 miles of improvements and redesign. FROST AMPHITHEATRE VEGETATION MANAGEMENT PLAN - 1983 Stanford University, Stanford, California C NMB Landscape Architecture Designed to: identify problems related to slooe erosion and the quality of vegetation character. Record steps for erosion control, hazard reduction and landscape improvements. PACIFIC BELL - 1985 Bishop Ranch Business Park M.P.A. Design Landsscaoe Architects 1.75 million square foot San Ramon Valley Administration Canter - 100 acre site Designed for: Landscape and water features to blend the complex with its surrounding environment. MA63TER PLAN FOR ALAMEDA SHORELINE PARK - 1980 North shore of Aiameda's Bay Farm Island. Alameda and San Francisco CHNMB Associates Designed to: Preserve open bay edge and develop character and design elemen-ts within the park of approximately six acres. CONSULTATION FOR COMMERCIAL LANDSCAPE PROJECTS - Continued MANDALAY BEACH BOULEVARD - 1984 Mandalay, California Gary Bye, ASLA - POD, Inc., Santa Ana Designed to: Provide a dramatic, easily maintained landscape design. CAPITOL TOWER OFFICE BUILDING - 1983 San Jose Richard Arland, ASLA - POD, Inc., Santa Ana Designed to: Provide a plant mix which would survive and be attractive in this previous truck-stop site. RIVERPARK TOWERS - 1986 San Jose Lincoln Properties, Inc. Riparian Mitigation Plan for 1.8 acres of Guadaluae Creek MAINTENANCE PROBLEM SOLVING FOR LANDSCAPE CONTRACTORS /ARCHITECTS Post installation review of plant performance for landscape architects. contractors and homeowners' associations. 1. Evaluate and report landscaoe condition prior to associations acceot!nq lariCscace responsibility. 2. Objectively evaluate and offer solutions for plant oerformance oroblems in cis- putes between the practitioners involved. 3. Prepare landscape maintenance schedules. 4. Monthly or quarterly visits to supervise maintenance procedures. Homeowner associations served: BAY ISLE POINTE OWNERS' ASSOCIATION, Alameda BROWN & KAUFFMANN PROPERTIES, Los Gatos COMMUNITY OF HARBOR BAY ISLE, Alameda HARBOR POINTE OWNERS' ASSOCIATION, Alameda LOS GATOS WOODS OWNERS' ASSOCIATION, Los Gatos NEWARK VILLAGE OWNERS' ASSOCIATION, Newark OPERA PLAZA OWNERS' ASSOCIATIONS, San Francisco PROMEX COMMUNITY MANAGEMENT CORPORATION -THE GROVE, San Francisco LANDSCAPE CONTRACTORS SERVED AURORA LANDSCAPING, Nevada City, California B & B LANDSCAPE CONTRACTORS, INC., Mountain View CAGWIN & DORWARD LANDSCAPE & ENGINEERING CONTRACTORS. San Rafae! CALIFORNIA HORTICULTURE LANDSCAPE CONTRACTOR. Los Gatos CALIFORNIA PLANTSCAPES, Saratoga DESIGN FOCUS LANDSCAPES. Saratoga ENVIRONMENTAL CARE INC., San Jose GATEWAY CONSTRUCTION INC.. Alameda GREEN LEAF LANDSCAPE COMPANY, Cupertino KEYCO LANDSCAPE CONTRACTOR, Burlingame MAYNE-TAIN INC., San Lorenzo NORTHERN CALIFORNIA LANDSCAPE SERVICE. Sunnyvale P T & A LANDSCAPING, Cupertino WESTBROOK KILOS LANDSCAPE CONTRACTORS. Corte Mac-era CONSULTATION FOR THE LEGAL AND REAL ESTATE PROFESSIONAL • Loss Appraisal • Health and Structural Analysis • Large Site Tree Plotting and Analysis • Expert Witness Service ■ To date, 90 percent of cases in 47i6h l've served have been settled out of court. Attorneys Served OFFICE OF RICHARD BARRETT, Burlingame David McClain, Attorney OFFICE OF JAMES PIERNAT, Burlingame David Beach, Attorney BILL JENNINGS, San Jose JEFFREY HOWARD, Tiburon Realtors and Developers Served BERG & BERG DEVELOPERS BROWN & KAUFFMANN CENTURY 21, San Jose COFFEE CONSTRUCTION COMPANY DORIC DEVELOPMENT COMPANY, Alameda FANELLI CONSULTING HATHAWAY CONSTRUCTION HOLIDAY INN, Santa Cruz KAISER DEVELOPMENT COMPANY KENNEDY/JEWS ENGINEERS KIECKHEFER, WALTER COMPANY, Novato OAKLAND AIRPORT HILTON PENDAR CORPORATION PINN BROTHERS CONSTRUCTION PONDEROSA HOMES PULTE HOME CORPORATION QUARTERPENNY CORPORATION REGENCY MONARCH DEVELOPMENT CORPORATION SEAPORT DEVELOPMENT COMPANY SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA TOWN & COUNTRY VILLAGE, Sunnyvale WHICO CONSTRUCTORS, Gilroy TECHNICAL PRESENTATIONS CCLA, ANNUAL CONFERENCE - Yosemite, California Plant Selection from the Viewpoint of Site Adaptability Rather Than Esthetic Preference March 1989 TREE CITY USA AWARD BANQUET - Sunnyvale, California "Trees, the Future of our Planet and How YOU Are Involved" March 1989 NATIONAL DIRECT MARKETING AND FARM CONFERENCE - Oakland, California Nursery Production for the Small-Scale Farmer February 1989 SYMPOSIUM: "A NEW LOOK AT TREES" California Academy of Sciences and Friends of the U.C. Botanic Garden Water-Conserving Trees for the Dry Landscape February 1989 CONSTRUCTION AMONG THE OAKS - Santa Rosa, California U.C. Cooperative Extension Service "Appropriate Plant Selection" January 1989 WESTERN HORTICULTURAL SOCIETY - Los Altos, California The Cal Trans Landscape and Its Problems October 1988 CALIFORNIA LANDSCAPE CONTRACTOR ASSOCIATION --Monterey, California Tri -Board Meeting Water Conserving Plant Selection for Mid - California July 1988 U.C. COOPERATIVE EXTENSION SERVICE - Alameda County, California The Pepper Tree Psyllid Outbreak and Its Affect on Tree Selection May 1987 XERISCAPE '86 - Oakland, California "Seldom Used Water Conserving Plants for Mid-California" XERISCAPE '85 - Costa Mesa, California "Four Keys to Success in Industrial Landscapes" 30TH ANNUAL BRITISH COLUMBIA LANDSCAPE- NURSERYMEN'S CONVENTION Keynote speaker - 1983 CALIFORNIA ASSOCIATION OF NURSERYMEN Moderator, Plant Forum - Nurserymen's Refresher Course 1979, 1980, 1981, 1983 SOCIETY FOR GROWING AUSTRALIAN PLANTS - Sydney, Australia 1979 TECHNICAL PRESENTATIONS - Continued 37TH ANNUAL CONVENTION CALIFORNIA PARKS AND RECREATION "Oldies But Goodies -- Forgotten Plants" CENTRAL COAST LANDSCAPE FORUM New Plant Introductions INTERNATIONAL SOCIETY OF ARBORICULTURE - Anaheim, California Golden Anniversary ISA Conference SECOND CALIFORNIA SYMPOSIUM ON URBAN FORESTRY - Cal Poly, Pomona. California Economic Criteria for Species Selection PRESEAITATIONS DURING 1987 SOILS MANAGEMENT SEMINAR Holiday Inn, Santa Cruz, California "Water Efficient Landscape Design" UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION ALDER BORER SEMINAR Walnut Creek, California "Proper Plant Selections: What To Do If White Alder Does Not 'Fit the Site"' DEPARTMENT OF LANDSCAPE ARCHITECTURE University of California, Berkeley, California "Off the Board and Into the Ground: Horticulture and Design" CAPCA - BAY AREA CHAPTER Sunol, California "Insect and Disease Problems Associated with Mature Trees in the New Landscape" CONTRA COSTA WATER DISTRICT Concord, California "Xeriscaoe Plant Combinations" UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION Hayward, California California Pepper Tree Pest Seminar ISA - WESTERN CHAPTER Felton, California (Roaring Camp) "A Plant Walk in a Redwood Community" SOUTH AFRICAN NURSERYMEN'S CONVENTION 40TH ANNIVERSARY Sun City Center, South Africa "Xeriscape Plant Combinations" CALIFORNIA ASSOCIATION OF NURSERYMEN - CENTRAL CHAPTER "How to Handle Water- Conserving Plants in the Retail Nursery" UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION Riverside, California Landscape Troubleshooting Seminar CITY OF SANTA CRUZ WATER DEPARTMENT Santa Cruz, California "Water Efficient Xeriscape Design" [Continued] PRESENTATIONS DURING 1987 - Continued UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION Alameda, California Pitch Canker Seminar "Selection of Pine Species for the Dry California Landscape" CALIFORNIA PARKS AND RECREATION SOCIETY Lodi, California "Plants for Northern California" ECOLOGICAL LANDSCAPING SYMPOSIUM Rancho Santa Ana Botanic Gardens "How to Change a Water-Hungry Garden into a Water- 7nriTty Garoen" INTERNATIONAL SOCIETY OF ARBORICULTURE The City of Oakland - Parks Deoartment. Lake `^erirt. OaK,ana. Cali-;orn!a "Factors in Determining Value - The Species Factor" NORTHERN CALIFORNIA CONFERENCE ON WATER- CONcERV!NG LANDSCAPFC, The City of San Jose and Santa Clara Vallev Water D!strict "Water- Conserving Plant Selection for Mid - California" CALIFORNIA URBAN FORESTRY CONFERENCE SPONSORED BY CALIFORNIA URBAN FORESTRY COUNCIL Mt. San Antonio College, Walnut. California "Cost-Effective Tree Selection" HORTICULTURAL INSTRUCTION Instruction in: FOOTHILL COLLEGE DISTRICT ORNAMENTAL HORTICULTURE-OH90 - Introduction to Horticulture (1980-1981, 1983) - Green House Management (1980 -1981) - Woody Plant Pruning Techniques (1980 -1981) - Plant Propagation (1983) - Soil and Fertilizers (1983) UNIVERSITY OF CALIFORNIA EXTENSION SERVICE Certificate Program for Landscape Architects - Introduction to Plant Materials (1983 and 19841 - Plant Materials Applications (1983 and 1984) Certificate Program for Commercial Gardeners - Plant Identification for the Gardener (1985) - Pruning Techniques for the Gardener (1985- 1986 -1987- 1988 -1989) Plant Materials Application (1990) WEST VALLEY COLLEGE - Horticulture for Florists (1983 -1984 -1985) Guest Instructor: SAN JOSE STATE UNIVERSITY - 1980, 1981 FOOTHILL COLLEGE, Los Altos, California - 1980 -1984 CALIFORNIA POLYTECHNIC UNIVERSITY, San Luis Obispo, California - 1980 -1984 UNIVERSITY OF CALIFORNIA -DAVIS - 1979-1980 UNIVERSITY OF CALIFORNIA- BERKELEY - 1980 -1984 MISCELLANEOIIS Authorships Horticultural Editor of California Native Plants in Color 1980 Co- Editor of California Native Plants and Their Commercial Sources 1978 1979 - Revised 1982 - Revised Author: The Success List of Water Conserving Plants 1982 1983 - 2nd Edition Author: "Monterey Pine: A Horticultural Viewpoint" 1983 Author: ISA Western Chapter News, Volume 10, No. 4 1984 Co- Author: A Study of Ways to Reduce Maintenance Costs Associated with 1984 Plant Growth at Naval Installations Contributor: Resistance of Acacia to the Acacia Psyllid 1983 Psylla uncatoides; C. S. Koehler, W. S. Moore, B. Coate. Journal of Environmental Horticulture Author: Water Conserving Plants & Landscapes for the Bay Area 1986 Published by the East Bay Municipal Utility District 1990 Second Edition Contributions Acknowledged Revegetation Manual for the Alameda County Flood Control and Water-Conservation District Revegetation Program Revegetation Manual for the County of Alameda Public Works Agency June 1983 Who's Who in the Frontiers of Science 1984 -1985 Edition Xeriscape Recognition Award - Plant Material 1985 Arboricultura] Research Award by Western Chapter International Society of Arboriculture June 1989 Horticultural Authors Citation by International Society of Arboriculture August ?989 MISCELLANEOUS - Continued Consultant'to Sunset Magazine New Western Garden Book 1979 Edition 1988 Edition HP Books Hedges, Screens and Espaliers, by Susan Chamberlin 1983 MEMBERSHIP Professional Organizations American Society of Consulting Arborists Since 1983 American Society of Landscape Architects Affiliate Member California Arborists Association Affiliate Member California Association of Nurserymen --1962-1980 1964 - Chapter President 1968 - Named Young Nurseryman of the Year International Society of Arboriculture - 1979 - Current 1981 - Chairman Arboretum Committee International Plant Propagators Society Since 1964 Public Service Organizations American Society of Landscape Architects - Southern California Chapter Drought Resistant Plant Research Program Committee California State Office of Water Conservation - Water Conservation Advisory Committee 1983 -1984 Center for Urban Horticulture at Dunsmuir - Advisory Coimcil 1985 Midori Bonsai Club - San Jose Founding Member Montalvo Association - Board of Counselors 1984-1985 Prusch Memorial Park Foundation - City of San Jose Landscape Committee �ttv � Cauaw�+'�mrs i Mayne Tree Expert Company, Inc. ESTABLISHED 1931 STATE CONTRACTOR'S LICENSE NO. 276793 LICENSED FORESTERS • CERTIFIED ARBORISTS • PEST CONTROL ADVISORS AND OPERATORS KENNETH D. MEYER 23 SOUTH RAILROAD AVENUE PRESIDENT P.O. BOX 522 RICHARD L. HUNTINGTON SAN MATEO, CA 94401 VICE PRESIDENT June 8, 1990 TELEPHONE: (415) 344 -3860 Mr. Richard Murray Richard Murray Associates 1000 Eighth at Camino Aguajito Suite 200 Monterey, CA 93940 Dear Mr. Murray: I have inspected the trees on the Cocciardi property in Saratoga with Barrie Coate, the arborist employed by the City of Saratoga. The purpose of this inspection was to ascertain the value of the trees removed by the Cocciardis. The area involved five sites of approximately fifty acres. The trees removed were from various sites representing different ecosystems, including differences in soils, weather exposure and vegetation. The condition of the trees inspected, likewise differed within the various ecosystems. We established a condition rating by studying the trees surrounding those that had been removed. We also used an aerial photograph to study the tree canopies on the site. An average condition was then established for each site. The size of the trees (diameter 4.5 feet high) was also established by the use of the aerial photographs and the sample trees adjacent to the removed trees. The number of trees was based on our inspection of the aerial photographs. The trees removed were located on a water road on the Williamson Act parcel and on building pads on lots one, two, ten and eleven. The appraisal of the removed trees was made with the use of the guide "Valuation of Tree, Shrubs and Other Landscape Plants ", published by the International Society of Arboriculture, of which I am a member. The guide takes into account the Species (rated 100 percent for trees in Saratoga), size, condition and location. Location includes the site, as well as the benefits of the tree to a residential structure. The Williamson parcel, as unmanaged wildlands, as defined in California law by the State Department of Forestry, would rate a 30 percent. The four building sites are rated 50 percent, although the trees cannot be rated in regards to how they affect a structure. The 50 percent rating is based on a rural residential area, and street and road areas for country (naturally occurring) areas. Murray 6 -8 -90, P. 2 In my opinion, the figure of $77,682 is a fair and accurate appraisal of the . removed trees. This appraisal was made according to recognized and approved arboricultural methods. KDM:dcr CC: Mr. Tony Cocciardi ENC: Appraisal notes. Very truly yours, Kenneth D. Meyer i" y �,*\ �.,'•� �/��'1 mod✓' �•r Notes Regarding the Appraisal 1. Tree numbers are located on the aerial photographs and in the field. 2. DBH is a diameter measurement taken 4.5 feet high. Multi -stems use the largest diameter plus one -half the sum of the remainder. 3. Condition ratings vary per sites. 4. City Value is given per the letter of May 8, 1990 to Mr. Richard Murray. An effort was made to place a value to the diameter nearest that estimated by the City. On some sites more trees were located and on some less. 5. The appraised value is the conclusion of this study and report. Tree No. 1 2 3 4 5 6 7 8 9 10 11 12A 12 13 14 15 16 17 18 19 20 DBH Existing (yes, No) 28.5 Yes 14 No 14 No 12 No 27 No 18 No 18 No 13 No 16.5 Yes 27.4 Yes 13.9 Yes 22 9.5, 16.0 (20.8) 16.2 12.9 7 9 15.0 14 24 17.7, 23.9 26.5 (47.3) No Yes Yes Yes Stump Stump Yes No No Yes LOT 1 Condition (Percent) 50 62.5 62.5 62.5 62.5 62.5 62.5 62.5 75 75 50 Av. 62.5 LOT 10 50.7 35 50 50 50.7 50.7 55 50.7 50.7 25 City Value (Dollars) 15,525 15,525 6,889 17,496 17,496 15,525 88,456 8,329 8,329 8,329 8,329 P.1 Appraised Value (Dollars) 1,299 1,299 954 4,831 2,147 2,147 1,120 13,797 2,602 263 435 1,054 3,096 P.2 Tree No. DBH Existing Condition City Value Appraised Value (yes, No) (Percent) (Dollars) (Dollars) 21 20.0 Yes - -- - -- - -- 22 13.8 Yes 65 - -- - -- 23 12.4, Yes 75 - -- - -- 16.7 (22.9) --- - - - - -- Av. 50.7 - - - - - -- 66,632 - - - - -- 7,450 LOT 2 24 16.6, Yes 70 - -- - -- 20.4 (28.7) 25 11.5, Yes 70 - -- - -- 11.9, 13.8, 31.6, (50.2) 26 28 No 65. 6,889 5,403 27 30 No 50 22,329 4,771 28 24 No 50 6,889 3,054 29 29 No 70 3,367 4,275 30 12.8, Yes 80 - -- - -- 13.5, 14.0, 1. 8, (42.0) 31 13.8, Yes 25 - -- - -- 15.0 (21.9) 32 31 No 90 - - 22,329 9,170 - - - -- Av. 63.3 ----- - - - - -- 66,632 - - - - - -- 26,673 LOT 11 33 28 No 28.8 13,518 2,394 34 18 No 28.8 13,518 989 P.3 Tree No. DBH Existing Condition City Value Appraised Value (yes, No) (Percent) (Dollars) (Dollars) 35 30 No 28.8 13,518 2,748 36 12 No 28.8 440 37 24 No 28.8 13,518 1,759 38 20 Stump 30 13,518 1,221 39 12.3, Yes 40 - -- 13.0 (19.1) 40 13.0, Yes 20 - -- - -- 20.0 (26.5) 41 20 No 28.8 13,518 1,221 42 18 No 28.8 13,518 989 43 36 No 28.8 13,518 3,958 44 28 No 25 13,518 2,078 45 26 No 28.8 13,518 2,064 46 12 No 28.8 - -- 440 47 16 No 28.8 13,518 781 -- - - - - -- Av. 28.8 ------ - - - - -- 148,698 --- - - - - -- 21,082 WILLIAMSON ACT 48 16.5 Yes 80 - -- 49 14.3 Yes 60 - -- 50 11.9 Yes 45 - -- 51 19.4 Yes 50 - -- 52 20 No 55 13,518 1,400 53 11.5, Yes 30 - -- - -- 12.6 (18.4) 54 6.7, Yes - -- - -- - -- 9.5, 10.3 (18.4) P.4 Tree No. DBH Existins Condition City Value Appraised Value (yes, No) (Percent) (Dollars) (Dollars) 55 12.1, Yes - -- - -- - -- 12.7, 13.2, 13.2, 17.0 (42.6) 56 11.5, Yes 50 - -- - -- 12.3 16.2 (28.1) 57 12 No --- 13,518 504 58 18 No - -- 13,518 1,334 59 21.7 Yes 65 - -- - -- 60 20 No - -- 13,518 1,440 61 18 No - -- 13,518 1,334 62 18 No - -- 13,518 1,334 63 18 No - -- 13,518 1,334 64 13.4, Yes 60 - -- - -- 18.0, 18.8 ((34.5) 65 13.1 Yes 35 - -- - -- 66 8.8, Yes 85 - -- - -- 21.6 (26.0) 67 24 Yes 75 - -- - -- --------- Av. 55 --- - - - - -- $148,698 -- - - - - -- $8,860 GRAND TOTALS $519,116 $77,682 .^ A ors D Mayne Tree Expert Company, Inc. ESTABLISHED 1931 STATE CONTRACTOR'S LICENSE NO. 276793 LICENSED FORESTERS • CERTIFIED ARBORISTS • PEST CONTROL ADVISORS AND OPERATORS KENNETH D. MEYER PRESIDENT 23 SOUTH RAILROAD AVENUE P.O. BOX 522 RICHARD L. HUNTINGTON SAN MATEO, CA 94401 VICE PRESIDENT June 8, 1990 TELEPHONE: (415) 344 -3860 Mr. Richard Murray Richard Murray Associates 1000 Eighth at Camino Aguajito Suite 200 Monterey, CA 93940 Dear Mr. Murray: I have inspected the trees on the Cocciardi property in Saratoga with Barrie Coate, the arborist employed by the City of Saratoga. The purpose of this inspection was to ascertain the value of the trees removed by the Cocciardis. The area involved five sites of approximately fifty acres. The trees removed were from various sites representing different ecosystems, including differences in soils, weather exposure and vegetation. The condition of the trees inspected, likewise differed within the various ecosystems. We established a condition rating by studying the trees surrounding those that had been removed. We also used an aerial photograph to study the tree canopies on the site. An average condition was then established for each site. The size of the trees (diameter 4.5 feet high) was also established by the use of the aerial photographs and the sample trees adjacent to the removed trees. The number of trees was based on our inspection of the aerial photographs. The trees removed were located on a water road on the Williamson Act parcel and on building pads on lots one, two, ten and eleven. The appraisal of the removed trees was made with the use of the guide "Valuation of Tree, Shrubs and Other Landscape Plants ", published by the International Society of Arboriculture, of which I am a member. The guide takes into account the Species (rated 100 percent for trees in Saratoga), size, condition and location. Location includes the site, as well as the benefits of the tree to a residential structure. The Williamson parcel, as unmanaged wildlands, as defined in California law by the State Department of Forestry, would rate a 30 percent. The four building sites are rated 50 percent, although the trees cannot be rated in regards to how they affect a structure. The 50 percent rating is based on a rural residential area, and street and road areas for country (naturally occurring) areas. Murray 6 -8 -90, P. 2 In my opinion, the figure of $77,682 is a fair and accurate appraisal of the removed trees. This appraisal was made according to recognized and approved arboricultural methods. Very truly yours, /x Meyer Kenneth D. � KDM:dcr CC: Mr. Tony Cocciardi ENC: Appraisal notes. Notes Re arding the Appraisal 1. Tree numbers are located on the aerial photographs and in the field. 2. DBH is a diameter measurement taken 4.5 feet high. Multi -stems use the largest diameter plus one -half the sum of the remainder. 3. Condition ratings vary per sites. 4. City Value is given per the letter of May 8, 1990 to Mr. Richard Murray. An effort was made to place a value to the diameter nearest that estimated by the City. On some sites more trees were located and on some less. 5. The appraised value is the conclusion of this study and report. Tree No. DBH Existing 12 9.5, (yes, No) 1 28.5 Yes 2 14 No 3 14 No 4 12 No 5 27 No 6 18 No 7 18 No 8 13 No 9 16.5 Yes 10 27.4 Yes 11 13.9 Yes 12A 22 No 12 9.5, Yes 16.0 (20.8) 13 16.2 Yes 14 12.9 Yes 15 7 Stump 16 9 Stump 17 15.0 Yes 18 14 No 19 24 No 20 17.7, Yes 23.9 26.5 (47.3) LOT I Condition (Percent) 50 62.5 62.5 62.5 62.5 62.5 62.5 62.5 75 75 50 Av. 62.5 LOT 10 50.7 35 50 50 50.7 50.7 55 50.7 50.7 25 City Value (Dollars) 15,525 15,525 6,889 17,496 17,496 15,525 88,456 8,329 8,329 8,329 8,329 P.1 Appraised Value (Dollars) 1,299 1,299 954 4,831 2,147 2,147 1,120 13,797 2,602 263 435 1,054 3,096 P.2 Tree No. DBH Existing Condition City Value Appraised Value (yes, No) (Percent) (Dollars) (Dollars) 21 20.0 Yes - -- 22 13.8 Yes 65 - -- -__ 23 12.4, Yes 75 - -- ___ 16.7 (22.9) Av. 50.7 66,632 7,450 LOT 2 24 16.6, Yes 70 - -- -__ 20.4 (28.7) 25 11.5, Yes 70 - -- 11.9, 13.8, 31.6, (50.2) 26 28 No 65. 6,889 5,403 27 30 No 50 22,329 4,771 28 24 No 50 6,889 3,054 29 29 No 70 3,367 4,275 30 12.8, Yes 80 - -- ___ 13.5, 14.0, 21.8, (42.0) 31 13.8, Yes 25 - -- -__ 15.0 (21.9) 32 31 No 90 - - - - - -- 22,329 9,170 Av. 63.3 ----- - - - - -- 66,632 - - - - - -- 26,673 LOT 11 33 28 No 28.8 13,518 2,394 34 18 No 28.8 13,518 989 P.3 Tree No. DBH Existing Condition City Value .Appraised Value (yes, No) (Percent) (Dollars) (Dollars) 35 30 No 28.8 13,518 2,748 36 12 No 28.8 440 37 24 No 28.8 13,518 1,759 38 20 S tump 30 13,518 1,221 39 12.3, Yes 40 --- 13.0 (19.1) 40 13.0, Yes 20 - -- ___ 20.0 (26.5) 41 20 No 28.8 13,518 1,221 42 18 No 28.8 13,518 989 43 36 No 28.8 13,518 3,958 44 28 No 25 13,518 2,078 45 26 No 28.8 13,518 2,064 46 12 No 28.8 - -- 440 47 16 No 28.8 13,518 781 -- - - - - -- Av. 28.8 ------ - - - - -- 148,698 --- - - - - -- 21,082 WILLIAMSON ACT 48 16.5 Yes 80 - -- 49 14.3 Yes 60 - -- 50 11.9 Yes 45 - -- 51 19.4 Yes 50 - -- 52 20 No 55 13,518 1,400 53 11.5, Yes 30 - -- ___ 12.6 (18.4) 54 6.7, Yes - -- - -- 9.5, 10.3 (18.4) Tree No. DBH Existing (yes, No) 55 12.1, Yes 12.7, 13.2, 13.2, 17.0 (42.6) 56 11.5, Yes 12.3 16.2 (28.1) 57 12 No 58 18 No 59 21.7 Yes 60 20 No 61 18 No 62 18 No 63 18 No 64 13.4, Yes 18.0, 18.8 ((34.5) 65 13.1 Yes 66 8.8, Yes 21.6 (26.0) Condition (Percent) 50 65 60 35 85 67 24 Yes 75 Av. 55 GRAND TOTALS City Value (Dollars) 13,518 13,518 13,518 13,518 13,518 13,518 $148,698 $519,116 P.4 Appraised Value (Dollars) 504 1,334 1,440 1,334 1,334 1,334 $8,860 $77,682 f a� �1✓" 4 SARATOGA FIRE PROTECTION DISTRICT COUNTY OF SANTA CLARA w1 14380 SARATOGA AVE. SARATOGA, CALIFORNIA 95070 Telephone: (408)867 -9001 Fax: (408)867 -2780 July 19, 1990 F.L. Stutzman, Mayor City of Saratoga 15195 Park Drive Saratoga, California 95070 Dear Mayor Stutzman, The Commissioners of the Saratoga Fire District would like to stress the importance of fire and life safety as it relates to the Mt. Eden Estates /Chadwick Place (Cocciardi /Chadwick Developement) 1979 Environmental Impact Report. Drawing your attention to an "emergency access road ", I would like to include excerpts from the 1979 E.I.R, pages 31, 32, and 33 entitled: "FIRE PROTECTION SERVICES Setting Fire protection service to the project sites is provided by the Saratoga Fire Department. The Department has one station, located in downtown Saratoga at the intersection of Saratoga Avenue and Saratoga - Sunnyvale Road, about 3.5 miles from the sites. Response time to the sites is estimated to be about six to eight minutes. The station is equipped with five engines, one rescue truck, and two sedans. It employs nine firefighters and has an on -call volunteer force of 32 people. Additional backup service is provided by the Central Fire District, located approximately two miles from the sites. The project sites are located within a hazardous fire area as defined by City ordinance and the State Public Resources Code. According to a recent estimate by the Saratoga Fire Department's Fire Chief, development of 50 percent of the western hills area of Saratoga would require an additional fire station to be located somewhere near the intersection of Mt. Eden and Pierce Roads. /2/ Mt. Eden Estates Impact The driveways shown for Lots 1, 2, 4, 6 and 11 are longer than 100 feet; the map does not show a turnaround on them. Further, the driveway for Lots 1 and 2 would be extremely steep and would exceed the 50 -foot maximum length required by ordinance for driveways with an 18 percent grade. this means that provision of fire protection to the houses on these lots would be difficult. The house on Lot 11 would be situated above a brush - covered hillside. The brush has poison oak in it which means that toxic fumes will be present in the smoke when the brush burns. This will make fire fighting hazardous especially if the fire fighters 1 are on the top of the ridge; there would be very little fire access to the lower slopes of this brushy area. Mitigation - See Traffic mitigation regarding driveway turnarounds. - Delete plans for a house on Lot 11. (The alternative "mitigation" of brush removed would have secondary adverse effects of increased erosion and possible reactivation of an ancient landslide.) CHADWICK PLACE Impact The driveways shown for Lots 4, 7, 8, 15, and 16 are longer than 100 feet; the map does not show a turnaround on them. Further, the driveways for Lots 4, 7, 15, and 16 would be extremely steep and would exceed the 50 -foot maximum length required by ordinance for driveways with an 18 percent grade. This means that provision of fire protection to the houses on these lots would be difficult. The houses on Lots 3, 4, 5, 7, 8, and 16 would be located above brush - covered hillsides which means they could become involved when fire occurs in the brushy slopes below. The situation on Lot 4 is of special concern as a fire in the brush could cut off access to the building site. Finally the excessive lengths of cul- de -sac streets and the lack of secondary access means that a single accident could block all emergency access to the site. Mitigation Suggested by this report: - See the Ecology mitigation section regarding the establishment of a fire fuel management program. - See Traffic mitigation regarding through- street construction and driveway turnarounds. - Require that the proposed houses on Lots 3, 4, 5, 71 8, and 16 be constructed with nonflammable exterior building materials. - Require that brush clearance around the buildings in excess of 30 feet be accomplished if deemed desirable by the Fire Chief. - Require brush clearance along the driveway to Lot 4 to the satisfaction of the Fire Chief. - Require that landscaping plans for the houses on Lots 3, 4, 5, 7, 8, and 16 use low -fuel vegetation and that the landscaping plans be approved by the Fire Chief. 2 CUMULATIVE IMPACT: The projects, in combination with other proposed subdivisions in the western part of the City, would contribute to the need for another fire station in the vicinity. Mitigation Suggested by this Report: - Require the applicants to contribute financially to the cost of establishing a new fire station in the vicinity." A dead end road in a hill area during a conflagration can trap citizens, fire crews, and emergency equipment. Investigative results would prove the intent of the Environmental Impact Report. Respectfully, Milo R. Klear, Chairman Board of Fire Commissioners Saratoga Fire District cc: William Kohler, Vice Mayor Karen Anderson, Councilmember Martha Clevenger, Councilmember Victor Monia, Councilmember Harry Peacock, City Manager file 3 K .V Mayne Tree Expert Company, Inc. /C) C- ESTABLISHED 1931 STATE CONTRACTOR'S LICENSE NO. 276793 LICENSED FORESTERS • CERTIFIED ARBORISTS • PEST CONTROL ADVISORS AND OPERATORS 0 KENNETH D. MEYER 23 SOUTH RAILROAD AVENUE PRESIDENT P.O. BOX 522 RICHARD L. HUNTINGTON SAN MATEO, CA 94401 VICE PRESIDENT July 23, 1990 TELEPHONE: (415) 3443860 Mr. Richard Murray Richard Murray Associates 1000 Eighth at Camino Aguajito Suite 2000 Monterey, CA 93940 Dear Mr. Murray: There is a substantial difference between the appraisal of tree losses on the Cocciardi property given in the Coate report of June 8, 1990 and my report to you, also dated June 8, 1990. In reviewing both reports, I believe the following distinctions can be made. 1) Coate appraises all tree locations on the non Williamson Act parcels as 70% to 100 %. An unmanaged natural wood area is rated 10 - 30 %. If we consider this to be rural residential, the rating is 50% - 90 %. I am enclosing a table used for determining location values from the publication Valuation of Landscape Trees, Shrubs and Other Plants, the same guide that Coate uses. Please note that that 95 or 100% is not given to any residential or street area. Furthermore, as the companion guide Manual for Plant Appraisers (copy of significant pages attached) states, the location value includes the a) aesthetic, b) functional and c) site factors in equal amounts. How can one evaluate the functional and site values when no residences are yet constructed? And, if one or two trees were to purportedly satisfy the functional and site values, how could they all? A tree on the south side of a house and offering shade would certainly be rated higher than a tree on the north side. As for a rating of 40% for the Williamson Act parcel, I am confused. The guide states the highest allowable value is 30 %, the figure I used. 2. No allowance is made for the tree removal that is necessary for roads or for the homes. Some trees would also have to come down because their condition is bad and they are a liability. For example, tree number 11 is 40 %, 12 is 35 %, 39 is 35 %, 40 is 20 %, 53 is 30% and 55 is 25 %. I would not want some of these trees on my property. Yet, nowhere in the Coate report do I find condition ratings for nonexisting trees lower than 54% and most are 70% or higher. r �t Murray 7 -23 -90 P. 2 3. The Coate report takes into account partial tree losses to the sum of $9,685.00. I was not asked to do this and question whether it is appropriate. This is private property and if someone wants to remove a limb from their own tree, should they be charged for the possible devaluation of that tree? Maybe so on public land or in trespass situations, but in relation to one's own private land I would differ. 4. Finally, having made many tree appraisals and having been accepted as an expert witness in court appearances, in defense of my appraisals, it is my opinion that the grand total of $77,682, as appraised by me, truly reflects the value of the trees removed. Very truly yours, Kenneth D. Meyer KDM:dcr CC: Excerpt from Valuation of Trees, etc. Excerpt from Manual for Plant Appraisers r .,Y 4' t •.fY ..Y'. - r?t.�. ••':,. ice. ', .+��_ __ �> .i...�:d1"..1�h_:..:..:Y'� NA Valuation of T ancascape Trees, Shrubs, and OthE 'lants A Gi ide to the Methods and Proced ores for Appraising Amenity Plants ' T 1 0 C"I C Ar007'ZCUI11tUI An Of`:c a' icat on eF the interrw::r. «:_ Socie v ci ..- boriculture Seventh Edition r 1 �L = w.�iw3Gi��'•'• � „ .: c_ ' �9e�. fi6if; lFii ~•ti,'- `&NP��'dw►pE�', ".`Y °'` �ptr�i:.r- ._.�_, � �. :.w _... ...._ - .�.wl�� Table S. Determining location values. Plant: Suggested rating Your Percentaf Locatioll (10 — 100 percent) rating Aesthetic, functional, and site factors or check -c Arlxlretum 60— 100 Ccmcicry 60 — 90 Commercial 60 — 90 Curlxlruc or SClI(xll campus Grp — 90 1Ilduslrial GO— 90 Malls (i0— 90 Rct Ic:It ional :u cats: Goll ( oil] scs 60 — 100 (::nn;)t;roulid ur rt•cicationa! pal k 50— 70 Pau kS :out wildlife preserves •10 — Picnic r 1; Resort 50— 90 — Zoo Go— 90 Rcsi(9cntial.u'ca1: l : :ncl- C;ndu'batt 30— 90 subin-5an 60 — 90 Rtual 50— 90 ' tilrt'('I /roar! :a'(• :a: (:San(!I'esi(h•tltial 50— 80 C, iv11(( III ring) 20— 50 11ccwaV% a0— GO Wool: •I. :n (• :1\: or ol)cll (t'olltrolled Illattltellatlm) - 20— 60 Unmanaged (natural w(xxled area) 10— N IM up Aesthetic factors Attract wildlife Bark Branching habit Flowers /fragrance Foliage Fru itS Functional factors (environmental and climatic) Air purification Erosion control Dirt and dust filtration \uisse abatement Wintcr sun permitted Prevention of drifting snow Shade /cooling effect Windbreaks (hedges and screens) Site factors (architectural and a ngincerigg) Accent buildings Control vChicular and pedestrian traffic (:!Cane vistas !irl inc space l•rallle views Light shield Provicic prlvacv Crcaie safety barrier Screen undesirable views Unusual Other factors H iaoric, rare• or unusual specimen a C IC 13 LPWRM � 670 "MI, 4.nn- A Handbook of -Methods, ',3r,-o,.e,'!jres and P.-ob,',--=.s o, f X T3 'ant Apr,.raisall 4%,_# _7 - F, An Official Publication of the Council of '.r,-ee & 'Landscape Appraisers First Edition 1986 r 23 there may be other extenuating circumstances, such as a healthy exterior but a damaged interior. To determine twig elongation, be prepared to climb the tree if necessary. Lower limbs may not be accessible from the ground (even with pole . pruners) or may not show average twig growth for the specimen, and binoc- ulars may not be powerful enough to determine the twig growth well up in the tree. Couple twig growth with general observatic ^s foliage, ::f branch and trunk to ::letermine condition. If the extent of twig growth indicates a deteriorating condition with pro- gressively less growth for the past several years, stress factorF may be in- volved. To determine the nature and cause of the stress, prod : - .0 analyze the conditic:, .' actors outlined in the - T LA F: � d Report Form or as given in the Guide (Table 7, page 22). Observe the general condition of other trees in the area; are there symp- toms of general decline? Symptoms of infestation or injury high up'in the tree may not be easily detected from the ground. Don't overlook t! e fact that the declining condition of the tree may be related to a soil or root prob- lem so the use of a soil probe or soil excavation ma:., be necessary to de-er- mine soil profile and root condition. In.casualty cases, it is necessary to determine the extent of the !oss. If the plant has been completely destroyed its or aesthetic value has been so dimin- ished as to require the plant's removal, then the difference between the before and after percentage rating obviously is complete. However, if the casualty resulted in only partial injury, then a condition rating both before and after the casualty must be determined. Consider such points as the percentage of major branches that have !peen lost or broken beyond repair. is it a species that develops growth readi v a. a will it rct<::: a reasonably normal growth habit in a :`e:; years? What is the extent of bark cambium injury? A diminution in percentag- of condition value as rciated to partial injury of bark and cambium has been suggested by A. Bernatzky (1978). (See Table 9, page 25 of the Guide.) Table 10 of the Guide !ists recommended percentage ratings for various condition factors. The recommen_ations given in the f•o_ lowing table reflect additional studv of `e subject. Location To evaluate the location factor, consideration must be given not o- .o the type of area in which the plant is local_ _ (such as arboreta, indestr :a: i ^- stallations, malls, streets, recreation and residential areas, to na.^.:? a few), but one must also take into account the various aesthetic, site factors. : _ : :ctional and A recommended procedure would first be to determine the locatic ::ate -�� gory given in Table 11, page 27 of the Guide. For example, if the tree or other plant to be evaluate_ is in a s.burar. residential .area, the Guide suggests a rating for such 60-1^0 -per- plants -t cent. The evaluator must decide :`:ow w(.7 :! :he tree or r!� ^_satisfies ..: C aes- thetic, functional and factors. site Does it possess outstanding characteristics of bark color, unique b -a- ch_ ing habit, outstanding foliag_, flower or fruit? It could be con• :-erect that 23 r 1 v t the plant —to he rated highly from. the aesthetic standpoint — should possess at icast two outstanding characteristics such as bark or branching habit, flower or foliage, or fiower and fruit. _ r There may be occasions where outstanding tower alone wc. d be given a ' hi-.h rating; however, flowers are often effective for only a few weeks dur- ing the year, so the piant should have something else to offer when not in :,ower. Consic... :hat bark color anc branching ahit are effec :_ e during 12 months of the gear, w:;ereas deci ,4uous pla nt fo:iage, in northern darts of the country, is effective seven or eight months, and fruit from two weeks to six months. Thc.n proceed to evaluate the piant from the s!ar.dnoint of its functional and sire vaiues. Does it provide shade, a cooling effect, abate noise, prevent erosion., f':er dart and dust, or help to conserve energy? The consuc.ant should then study the cffcc6vcnc� the plants on the basis of the various site factors. (See Table 11, page 2i; o('thc Guide.) Plants may be used fo- various architectural and engineering purposes such as: en- framement of `. :_ :i. ::;s and o,.hler ar :. :cctural features; enframcmcnt of vistas; background for builclin2S, garden features; sculptures, and even as specific or in :eresti -, plant ,:. _r is . They serve as boundaries and borders provide priva: define space, circct vehicular and pedestrian traffic in addition to various other site factors. The consultant should be well versed in t1c functional and site spectrum of p'.an ts. to make a comp;-:: and rczlis.:. � sisal. in the final analysis of the location factor, su '1posc, for exarn - :, the pro- fessiona consultant arrives at a rating of 80 percent for the aesthetic fac- tors, 90 percent for the functiora: factors and 70 percent for the site factors. The result would be an average of 80 percent for the combined factors for a plant or plants in a given situation in a suburban residential area. The three location Factors could, and usually would, have an entirely dif- ferent rating in ciif:. ::tt position areas, but the same general procedures can be followed. Furtherr,iorc, the suggested area ratings given in Table 11 of the Guide have a fairly broad range for each type of location so the evaluator can modify a given rating according to existing factors. Other Factors Affecting Determination of Value Historic, Rare or Unusual Specimens: Fundamentally, the appraisal of the value of historic, rare or unusual specimens does not differ from the" usual method. Size, species, condition and location are the major points to consider. However, the appraiser should keep in mind the extent and cost of past and current maintenance practices, insurance coverage for worthy speci- mens, recognition by national, state or local organizations, ctc. Historic, rare or unusual specimens may increase the species value. For example, unique branching habit, unusual characteristics, availability of replacement, or other features will influence the species rating. Printed on recycled paper. L 13777FRU1 "i'V,°\L.E: \�'E: \�l'L • S:-\ f=;:\" I� :)(J:�.C;� \LiF<)IZNI:- \�)�O7r) (408) 867 -3438 COUNCIL MEMBERS: Karen Anderson Martha Clevenger Wlllem Kohler Viclor Monra Francis Srutzman July 30, 1990 Mr. Paul Kelker 13783 Fortuna Ct. Saratoga, California 95070 rz�ar .Mr. Kelker: The Saratoga City Council, at its meeting of July 24, accepted your generous donation of a flat -beef trailer. The condition you placed on it, the once - yearly use by the Rotary Club for the Art Show weekend, is acceptable to the Council. Please let me know if you have any questions. Sincerely, Grace E. Cory Deputy City Cle k w h SAAR—A]TOGA CITY COUNCIL J �I EXECUTIVE SUMMARY NO. / y /� AGENDA ITEM: MEETING DATE: July 24 1990 CITY MANAGER: ORIGINATING DEPARTMENT: MAINTENANCE DEPARTMENT -K��7 SUBJECT: DONATION OF FLAT BED TRAILER Recommended Action: Authorize staff to accept the donation of a flatbed trailer from Mr. Paul Kelker. Summary: Mr. Paul Kelker of 13783 Fortuna Court in Saratoga has offered to donate a Haywagon -type flatbed trailer, manufactured by Electric Wheel Company, Serial #J- 330 -772, License F4 1392 to the City of Saratoga. After inspection of the trailer, staff has determined that the Corporation Yard would deem it an asset to have this unit as part of its pool of equipment. Mr. Kelker requested that, once a year, the Rotary Club of Saratoga be allowed to make use of the trailer, which is acceptableto staff. Fiscal Impacts• None Attachments: Letter from Mr. Kelker Motion and Vote: Printed on recycled paper. July 3, 1990 Mr. Harry Peacock City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Harry: : JUL 51990 CITY OF SAi1:4'r^GA CITY NIANAG�R'5 OFPCE I would like to make the following donation to the City of Saratoga for their use, and once per year, for the use of the Rotary Club of Saratoga, during the Art Show weekend; a "Hay - wagon Type" flat bed trailer manufactured by Electric Wheel Company, Serial #J- 330 -772, License #F4 1392. The original cost was approximately $2500. Sincerely, Paul Kelker 13783 Fortuna Ct. Saratoga, CA 95070