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HomeMy WebLinkAbout09-03-2003 City Council Agenda Packet . ...,~~ Ie\ '.~~) '-'\ '><>V~'...,~~ " /,..~.... ....... . ""1.t~~ ~" \>"~:'.~ '~:%~1 <~ AGENDA REGULAR MEETING SARA TOGA CITY COUNCIL .;:' <;;..;, ~.)~,,~ ".<~'7 ~~(¿~~rt:{§~:;IlW/:5¿.t·, ~, SEPTEMBER 3, 2003 CLOSED SESSION- 6:00 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUlTV ALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:00 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:00 P.M. . . Conference with Legal Counsel- Consideration of Liability Claims (Gov't Code 5.<\956,95): Claimant: Mary Feinstein Agency claimed against: City of Saratoga Public Employee Performance Evaluation (Gov't Code 54957) Title: City Manager Conference with Legal Counsel- Initiation oflitigation (Gov't Code section 54956.9(c): (1 potential case). Conference with Legal Counsel- Threatened litigation (Gov't Code section 54956.9(c): (1 potential case), Conference With Legal Counsel- Existing Litigation Name of case: Parker Ranch Homeowners Association, et al, v. Tsung-Ching Wu, et ai, (Santa Clara County Superior Court Case Number CV797015) REGULAR MEETING-7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITV ALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE . ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on August 28,2003,) ARCHIVE COPY COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-A!!endized Items Any member oj the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Councilfrom discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. . Communications from Boards and Commissions None ., Written Communications None Oral Communications - Council Direction to Staff Instruction to Stqffregarding actions on current Oral Communications. ANNOUNCEMENTS None CEREMONIAL ITEMS None . SPECIAL PRESENTATIONS lA. Introduction of Saratoga School District Superintendent, Lane Weiss Recommended action: Informational only. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. City Councjl Minutes - August 6, 2003 Recommended action: Approve minutes, 2B. Review of Check Register Recommended action: Approve check register. . 2 . . . 2C. 2002/03 Year End Appropriation Adjustment Recommended action: Adopt resolution. 2D. Second Reading and Adoption of Ordinance to Amend Californi¡¡ Public Employees' Retirement System Contract to Include Military Service Credit as Public Service Recommended action: Adopt ordinance, 2E. Second Reading and Adoption of Amendments to the City Code Regarding Various Sections of the R-l (section 15-12), Design Review for Single Family Dwellings (section 15-45) and the Subdivision (Chapter 14) Recommended action: Adopt ordinance. " 2F. Azule Park Project - Notice of Completion Recommended action: Accept Notice of Completion. 2G. 2003 Pavement Maintenance Program - Award of Contract Recommended action: Declare Valley Slurry Seal Company to be the lowest bidder; award cont~act; approve additional work in the amount of$50,000; authorize change order up to $10,000. . 2H. Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority Recommended action Authorize execution of agreement. 21. Bay Area Air Quality Management District (BAAQMD) - Spare the Air Recommended action: Support the Clean Air Consortium and authorize the City Manager to sign the Clean Air Consortium Voluntary Agreement on behalf of the City. 21. Resolution Relating to the USA Patriot Act and the Protection of Civil Rights and Liberties of Saratogans Recommended action: Adopt resolution. 2K. Amendment to the City Manager's Contract Recommended action: Approve contract. 3 2L. Claim of Mary Feinstein; Claim No, GL-054729 Recommended action: Rej ect claim. 2M. Statement of City Support for the Retention of the California Specialized Training Institute in the State Budget Recommended action: Authorize Mayor to sign letter of support, . PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting) 3, Major Update and Amendments to Section 15-50, Tree Regulations and Adoption of a Environmental Determination Recommended action: Conduct public hearing; adopt resolution granting the Negative Declaration of Environmental Impact; introduce ordinance; and place on consent calendar at the September 17, 2003 meeting for adoption. OLD BUSINESS 4. Expanding Decorative and Safety Lighting in the Village Recommended action: Accept report and direct staff accordingly. . 5. Wildwood Park Safety Review of Kompan Multi See Saw M146 Recommended action: Approve placement of equipment. NEW BUSINESS 6. Status of the Saratoga Business Development Council Recommended action: Accept report and direct staff accordingly. 7. Recreation Program Coordinator Position Vacancy Recommended action: Accept report and direct staff accordingly. AGENCY ASSIGNMENT REPORTS Mavor Nick Streit Chamber of Commerce Hakone Foundation Liaison Santa Clara County Cities Association Santa C]ara County Valley Water Commission Saratoga Business Development Council . 4 . . . Vice Mayor Ann Walton smith County Cities Association Legislative Task Force SASCC Liaison Valley Transportation Authority PAC Council member Kath1een King KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board Sister City Liaison West Valley Solid Waste Joint Powers Association Councilmember Norman Kline Association of Bay Area Government Library Joint Powers Association Peninsula Division, League of California Cities Saratoga Business Development Council Councilmember Stan Bogosian County HCD Policy Committee Emergency Planning Council Silicon Valley Animal Control JPA West Valley Sanitation District CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). 5 . . REVISED - CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2003 9/17 Regular Meeting 9/23 Special Meeting 1011 Regular Meeting 10/15 ReguJar Meeting 0' 11/5 Regular Meeting 11/19 Regular Meeting 12/3 Regular Meeting J2/9 Special Meeting" Council Reorganization 12/17 Regular Meeting 01/7 Regular Meeting 01/21 Regular Meeting . . 6 · ) · · . SARATOGA CITY COUNCIL MEETING DATE: September 3,2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office PREPARED BY: .~~~ C3thl .. ..rk CITY MANAGER: DEPT HEAD: U\ 6?:7~/ SUBJECT: Introduction of the New Saratoga Union School District Superintendent, Lane Weiss RECOMMENDED ACTION: Informational only. REPORT SUMMARY: . Attached is the resume and personal information for Lane Weiss, FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: NIA ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment I - Personal Information Attachment 2 - Resume , ¡ ¡- Saratoga Union School District "Engaging Hearts and Minds" 20460 Forrest Hills Drive' Saratoga, Califorllia 95070 Tel.408.867.3424 . FAX 408.867.2312 . www.saratogausd.org . To: Ann Sulllivan From: Kathy Devich Date: August 27,2003 . Re: Lane Weiss Resume and Personal Information for City Council Packet " Resume: See attached Other information: Lane is happy to be living and working back in his hometown of Saratoga. Laneis married to Teri and they have four daughters. Amrie is a freshman at Saratoga High School, Skyler is an 8th grader at Redwood Middle School, Jayten is a 4th grader at . Saratoga School, and Callan is three and is anxiously awaiting her turn to go to school. . , Lanes parents, Bob and Joy live in Saratoga; his sister Jeri and husband Doug live in Los Gatos with nieces Lauren and Hallie, nephew Matt attends school in New York; Sister Gini is an educator in the Modesto area and is the mother of nephews Robert and Kyle. One of Lanes fondest memories of high school is playing alto sax in the Saratoga High School jazz band. This experience led Lane to going to college and earning a degree in music and a single subject teaching credential in music. The next career steps included becoming a music teacher and playing music professionally. Please call me at 867-3424, ext. 203 if you have questions or need additional information. Attachment 1 . e e . Lane Weiss 14991 Granite Court Saratoga, CA 95070 408.399.0171 cell: 408.887.8907 fax: 408.399.0052 email: terilane@mindspring.com EDUCATION June 1997 July 1994 June 1992 June 1979 June 1977 June 1973 EXPERIENCE 2001-2003 1999-2001 1997-1999 California Professional Administrative Services Credential California State University, Stanislaus Master of Science - Educational Administration National University, Sacramento, California California Preliminary Administrative Services Credential California State University, Stanislaus California Single Subject, K-12, (clear) Teaching Credential, Music Humboldt State University, A.rcata, California Bachelor of Arts Degree - Music Humboldt State University, A.rcata, California High School Diploma Saratoga High School Principal (grades K-9), Director of Instructional Technology, Member ofthe Educational Design Team Aspire Public Schools Assistant Superintendent of Secondary Education Grades 7-12 Lodi Unified School District Curriculum Coordinator - Math, Science, Instructional Technology, Instrumental and Classroom Music, and Physical Education Lodi Unified School District Attachment 2 LANE WEISS Page 2 e EXPERIENCE-( cont' d.) July 1994-June 1997 Principal, Lakewood Elementary School Lodi Unified School District July 1992-June 1994 Vice Principal, Davis Elementary and Lakewood Elementary Schools, Lodi Unified School District ". July 1991-June 1992 Teacher on Special Assignment Davis Elementary School Lodi Unified School District August 1986-June 1992 . Elementary Classroom Music Specialist, grades K-6 Lodi Unified School District September 1989-1991 Mentor Teacher August 1985-June 1986 Computer Education Specialist, grades 1-12 Bend-LaPine School District Bend, Oregon . August 1979 - June 1985 Teacher _ Elementary General Music Bend/LaPine School District Bend, Oregon Spring 1985 - Spring 1986 Instructor-Oregon State University Music Education RELATED EXPERIENCE Summer School 1980 Teacher West Valley Elementary School Cupertino Union School District Summer Session 1978 Academic School Year 1977-78 Teacher's Aide, Special Education Garden Gate Elementary School Cupertino Union School District Summer Session 1976 & 1977 Teacher's Aide, Special Education West Valley Elementary School Cupertino Union School District e · · · · LANE WEISS Page 3 Work Related TO INSTRUCTIONAL TECHNOLOGY 2003 Member ofthe California Commission on Teacher Credentialing Multiple Subjects Standard Setting Panel 1998-1999 Member of the California Commission on Teacher Credentialing Computer Education Advisory Panel Summer 1984 Co-director/Instructor University of Oregon Computer Camp Eugene, Oregon Summer 1983 & 1984 Instructor, Kenwood Computer CenterlOregon High Desert Museum/Central Oregon Community College Summer Computer Camps, Bend, Oregon 1983-1986 Presented at various computer conferences including CUE (Computer Using Educators, San Jose, California) and NCCE (Northwest Council for Computers in Education- Seattle, Washington). Authored articles published in Electronic Learning. Teaching and Computers, The Computing Teacher, and Apple Education News. OTHER EXPERIENCE 1996-1999 Lodi Unified School District Leadership Executive Committee Member - Co-chair Designed, planned, and facilitated professional development for 107 site and district administrators and supervIsors Wrote an article published in Educational Leadership, Volume 29, No.2, NovemberlDecember 1999, "Speedboats on the Waters of School Reform" 1993-1996 Co-founder and board member, Kids Can't Wait, a non- profit educational foundation, Lodi Unified School District 1992 Event Coordinator, Creativitv Faire Ladi Unified School District LANE WEISS Page 4 I 988-present D.J. and M.C. for various fundraisers and s~cial events Spring 1985 &1986 Coach and Problem Captain for Olympics of the Mind. A WARDS AND SPECIAL RECOGNITIONS 1999 Floyd and Eva Dale Award - for leadership and support of administrators district-wide, Lodi Unified School District 1997 Outstanding Student of the Year-Award for Academic Excellence, California State University, Stanislaus 1995 California School Employee Association - Boss of the Year 1991 Teacher of the Year, Lodi Unified School District, awarded by The Lodi Lodge of the Free and Accepted Masons ' 1987 Teacher of the Year, Tokay Colony Elementary School REFERENCES Available on request. PROFESSIONAL FILE Available on request: Career Development Center Humboldt State University A.rcata, CA 95521 (707) 826.3341 , i . ". . . . e SARA TOGA CITY COUNCIL MEETING DATE: September 3,2003 AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER: PREPARED BY: C1::D~"(" ( DEPT HEAD: Cathleen Boyer, City Clerk LA- ?? --..7 ~/ SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes, REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting - August 6, 2003 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: Retain minutes for legislative history, ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: . Attachment A - Minutes August 6, 2003 MINUTES SARATOGA CITY COUNCIL AUGUST 6, 2003 . The City Council ofthe City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 5:15 p.m. Public Employee Performance Evaluation (Gov'tCode 54957) Title: City Manager Conference with Legal Counsel ~ Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Frances Carpenter Agency claimed against: City of Saratoga Conference with Legal Counsel- Initiation oflitigation (Gov't Code section 54956,9(c): (2 potential cases). Conference With Legal Counsel- Existing Litigation Name of case: Parker Ranch Homeowners Association, et al. v. Tsung-Ching Wu, et aI. (Santa Clara County Superior Court Case Number CV797015) . MAYOR'S REPORT ON CLOSED SESSION - 7:00 n.m. e Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p,m. and lead the Pledge of AlIegiance, ROLL CALL PRESENT: Couricilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst . e e . REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 6, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of August 6, 2003 was properly posted on July 31, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Wanda Kownacki, 19280 Bainter Avenue, Los Gatos, thanked the City Council for their support and City Staff for their assistance regarding the successful annexation on Redberry Drive, Ms, Kownacki urged the Council to continue to protect the Híllsides. COMMUNICATIONS FROM COMMISSIONS Sandra Dodge, Parks and Recreation Commission/Chair read a memo prepared by the Trails Subcommittee, Chair Dodge noted that the memo was in regards to the possibility of the Subcommittee evaluating the feasibility of creating a trail linkage between San Marcos Road and Crisp Avenue through the Saratoga Retirement Community Open Space Area. The purpose of the trail would be to link San Marcos Road with the Crisp Avenue trail and the City-owned San Marcos Open Space, In order to explore the feasibility of this proposal, the PRC was requesting authorization from City Council to proceed with efforts to acquire a trail through the property. Chair Dodge stated that if City Council authorizes efforts to acquire this trail, the next step would be to prepare a proposal to submit to the Saratoga Retirement Community Board. The Board would need to approve any additional efforts in this process. Chair Dodge stated that at this time, the Parks and Recreation Commission was requesting direction from City Council on pursuing the matter of trail acquisition through Saratoga Retirement Community. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Vice Mayor Waltonsmith requested that the Parks and Recreation Commission's request be agendized for the next meeting. Consensus of the Council to support Vice Mayor Waltonsmith's request. Councilmember King expressed her gratitude that Ms. Kownacki took the time to attend tonight's meeting to thank everyone. 2 ANNOUNCEMENTS None CEREMONIAL ITEMS · IA COMMENDATIONS FOR SHERIFF DEPUTY JENSEN, SHERIFF DEPUTY WYMAN, AND GEORGE & MARY LOU FARACO STAFF RECOMENDATION: Present commendations. Mayor Streit read the commendations and presented them to Sheriff Deputy Jensen, Sheriff Deputy Wyman, and George & Mary Lou Faraco. ., . !B, ASSEMBLYMEMBER COHN-SARATOGA LIBRARY COMMENDATION STAFF RECOMMENDATION: Receive commendation. Jeremy Nishihara, Field Representative, representing Assemblymember Rebecca Cohn for the 24th District, read excerpts of the Congressional Resolution presented to the City Council for the new Saratoga Library. SPECIAL PRESENTATIONS · None CONSENT CALENDAR 2A. CITY COUNCIL MINUTES - JUNE 18, 2003 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF JUNE 18,2003. MOTION PASSED 5-0. 2B. CITY COUNCIL MINUTES - JULY 2, 2003 STAFF RECOMMENDATION: Approve minutes, Councilmember Kline requested that item 2B be removed from the Consent Calendar. Councilmember Kline noted that he was not present at this meeting and would abstain from the vote, · Vice Mayor Waltonsmith noted that she was also absent. 3 · · · BOGOSIAN/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF JULY 2. 2003. MOTION PASSED 3-0-2 WITH KLINE AND W AL TON SMITH ABSTAINING, 2C. CITY COUNCIL MINUTES - JULY 16, 2003 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 2C be removed from the Consent Calendar. . Councilmember Bogosian noted that he was not present at this meeting and would abstain from the vote. Councilmember Bogosian also requested that the City Clerk change the votes on the items to reflect his absence. The vote should read as follows 4-0-1. WALTONSMITH/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF JULY 16.2003 AS AMENDED. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING, 2D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. W AL TONSMITH/KING MOVED TO APPROVE CHECK REGISTER MOTION PASSED 5-0. 2£ PLANNING ACTION MINUTES-JULY 23,2003 STAFF RECOMMENDATION: Note and file. WALTONSMITH/KING MOVED TO NOTE AND FILE PLANNING ACTION MINUTES FOR JULY 23. 2003. MOTION PASSED 5-0. 2F. SECOND READING AND ADOPTION OF AMENDMENTS TO THE CITY CODE REGARDING VARIOUS SECTIONS OF THE R-l ZONING (SECTION 15-12), DESIGN REVIEW FOR SINGLE FAMILY DWELLINGS (SECTION 15-45) AND THE SUBDIVISION (CHAPTER 14) STAFF RECOMMENDATION: Adopt ordinance, TITLE OF ORDIANCE: 221 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING CODE RELATING TO R-l DEVELOPMENT AND SUBDIVISION CODE RELATING TO THE ELIMINATION OF THE BUILDING SITE APPROVAL PROCESS OF THE CITY OF SARA TOGA 4 Two members from the public requested that item 2F be removed from the Consent Calendar. Elizabeth Lara requested that the proposed ordinance be removed from discussion, · Ms. Lara stated that she feels residents do not have enough notification in regards to approving building construction and remodeling, Ms. Lara requested that the City properly notify and allow residents the ability to appeal and request changes, Ms. Lara also stated the City should also allow neighbors to be more actively, involved in the process. Councilmember King asked for more specific information about her concerns. Ms, Lara responded that specifically her issues are that residents need to be " ' properly notified about remodels and demolitions, and that the process of the wording on the notices. Ms. Lara stated that the notices she has received in the past have been ambiguous and unclear. Tom Corson stated that his concerns where the same as expressed by Ms. Lara. Mr. Corson presented three separate notices. Mr. Corson presented the Council with three different notices he has received from the City, Mr. Corson explained that two of the notices were written correctly and the other one needed improvements. Directing her inquiry to Director Sullivan, Vice Mayor Waltonsmith asked if the proposed ordinance addresses some of the speakers' concerns, Director Sullivan responded that the proposed ordinance amendments before · Council this evening address some of their concerns. Also, Director Sullivan stated that he is constantly updating the various forms used by the Community Development Department. Councilmember King asked if Council could review the forms the Community Development Department currently uses. Director Sullivan responded that he would forward all ofthe forms to Council. BOGOSIAN/W AL TONSMITH MOVED TO ADOPT ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING CODE RELATING TO R-l DEVELOPMENT AND SUBDIVISION CODE RELATING TO THE ELIMINATION OF THE BUILDING SITE APPROVAL PROCESS OF THE CITY OF SARATOGA. MOTION PASSED 5-0, 2G. PROPERTY TAX LEVY TO SERVICE THE DEBT ON THE LIBRARY BONDS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-050 · 5 , · RESOLUTION OF THE CITY COUNCIL APPROVING AN INCREASE IN THE CITY'S PROPERTY TAX RATE TO FUND DEBT SERVICE PAYMENTS ON THE LIBRARY GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2003-04 W ALTONSMITH/KING MOVED TO ADOPT RESOLUTION APPROVING AN INCREASE IN THE CITY'S PROPERTY TAX RATE TO FUND DEBT SERVICE PAYMENTS ON THE LIBRARY GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2003-04. MOTION PASSED 5-0, 2H. CLAIM OF FRANCES CARPENTER; CLAIM NO. GL-054842 ., . STAFF RECOMMENDATION: Accept claim. W AL TONSMITH/KING MOVED TO ACCEPT CLAIM OF FRANCES CARPENTER. MOTION PASSED 5-0. 21. SERVICE CONTRACT - BLUE HILLS SCHOOL CROSSING GUARD STAFF RECOMMENDATION: Authorize execution of contract. · W AL TONSMITH/KING MOVED TO AUTHORIZE EXECUTION OF CONTRACT WITH ALL CITY MANAGEMENT SERVICES. MOTION PASSED 5-0. 21. AGREEMENT WITH COUNTY OF SANTA CLARA TO RECEIVE COUNTY OES GRANT FUNDS STAFF RECOMMENDATION: Authorize execution of contract. Councilmember Bogosian requested that item 2J be removed from the Consent Calendar. Councilmember Bogosian noted that this report indicated that there was going to be grant money that was going to be used to prepare an Emergency Plan written for the City by the County. · Assistant City Manager Tinfow responded that the City currently has an Emergency Plan, but it needs to be updated. Assistant City Manager Tinfow stated that the City has an arrangement with the County to allow Terry Gitlin to prepare the Plan for the City, In turn, Assistant City Manager Tinfow explained that the County asked if this grant be turned over to them in order to offset Mr. Gitlin's salary cost in updating the City's Emergency Plan. Councilmember Bogosian asked if other cities had the same arrangement with the County or are they developing Emergency Plans without the help of the County. 6 Assistant City Manger Tinfow responded that she was not aware of any other city with a similar arrangement, but the City Manager might be able to answer the question. · Councilmember Bogosian asked if the County had the expertise to prepare a complete comprehensive plan. Councilmember Bogosian asked if the County had the appropriate information to do a custom job for the City of Saratoga. in order to function properly in an emergency situation, City Manager Anderson stated that when the City Manager's Office eliminated one position this year staff explained to the Council that one of the difficulties we were going to have was being able to cover emergency serviceslemergency preparedness. City Manager Anderson stated that staff talked to the Santa Clara County Fire Department and they agreed to help by providing the CERT program and emergency planning training, City Manager Anderson stated that these funds have been made available by the grant and part ofthe grant was to help supplement Mr. Gitlin's services. City Manager Anderson stated that Mr. Gitlin has attended several Public Safety Commission meetings and he finds him quite competent. City Manager Anderson pointed out that Mr, Gitlan requested that the City hold offwith starting the process because FEMA is coming out with a new format in the fall and Mr, Gitlin did not want the City to have to redo the Emergency Plan. Councilmember Bogosian stated that his concern is the job scope and will it be a functioning plan, Councilmember Bogosian asked if the position in the City Manager's Office hadn't been cut would we be preparing our own Emergency Plan. · City Manager Anderson stated the report probably would have been written in house although a consultant prepared the City's last plan. City Manager Anderson stated that the amount of discretion the City has in local emergency plans is very limited because FEMA and OES prescribe the level of the plan down to the smallest detail. The County will collect specific information and inserting it into a boiler plate. Councilmember Bogosian asked if every city's Emergency Plan would look the same, City Manager Anderson responded yes, they all would look the same except for the specific information regarding the particular city, Councilmember Bogosian asked if the Council would have the opportunity to review the final Emergency Plan. City Manager Anderson responded that the Council will have the opportunity to review it and will eventually have to approve it. · Councilmember Bogosian asked how long will the process take. 7 , City Manager Anderson responded that the process should take approximately 9 months to a year. . BOGOSIAN/W ALTON SMITH MOVED TO AUTHORIZE EXECUTION OF CONTRACT. MOTION PASSED 5-0. 2K. NOTICE OF COMPLETION - EL QUITO PARK IRRIGATION RENOVATION PROJECT STAFF RECOMMENDATION: Accept Notice of Completion. W AL TONSMITH/KING MOVED TO ACCEPT NOTICE OF COMPLETION FOR EL OUITO PARK IRRIGATION PROJECT. MOTION PASSED 5-0. 2L. NOTICE OF COMPLETION - EL QUITO PARK VERTICAL BYPASS DRAINAGE PROJECT STAFF RECOMMENDAITON: Accept Notice of Completion. W AL TONSMITH/KING MOVED TO ACCEPT NOTICE OF COMPLETION FOR EL OUITO PARK VERTICAL BYPASS DRAINAGE PROJECT. MOTION PASSED 5-0. . 2M. NOTICE OF COMPLETION - CONGRESS SPRINGS PARK SAFETY NET EXTENSION PROJECT STAFF RECOMMENDATION: Accept Notice of Completion. W ALTONSMITH/KING MOVED TO ACCEPT NOTICE OF COMPLETION FOR CONGRESS SPRINGS SAFETY NET EXTENTION PROJECT, MOTION PASSED 5-0. 2N. AGREEMENT WITH SANTA CLARA VALLEY WATER DlSTRICT- WATER QUALITY SAMPLING FOR SARATOGA CREEK AND OTHER CREEKS IN THE CITY OF SARA TOGA STAFF RECOMMENDATION: Authorize execution of contract, WALTONSMITH/KING MOVED TO AUTHORIZE EXECUTION OF CONTRACT. MOTION PASSED 5-0. . 8 PUBLIC HEARINGS 3. HAZARDOUS VEGETATION ASSESSMENT REPORT 2003 STAFF RECOMMENDATION: . Conduct public hearing and adopt resolution. TITLE OF RESOLUTION: 03-051 RESOLUTION OF THE CITY COUNCIL CONFIRMING REPORT AND ASSESSMENT OF HAZAlIDOUS VEGETATION ASSESSMENT CHARGES ., Cathleen Boyer, City Clerk, presented staff report, City Clerk Boyer explained that under State and local laws, local governments routinely abate the seasonal fire hazards of hazardous vegetation andlor combustible debris on undeveloped property. For the County and several cities including Saratoga, this abatement program is administered by the County Fire Marshal's office. City Clerk Boyer explained that in many cases, property owners find it convenient to have the district take care of vegetation or debris removal and to pay through a property tax lien. City Clerk Boyer explained that the City Council approved 117 parcels 'for . inclusion in the program at the start of the season, and all were inspected at least once, and most several times during the season. A total of 25 parcels were abated by the County's contractor, which amounts to 79% voluntary compliance. This past year, the County performed abatement on parcels on the attached list in Saratoga. Tax liens and assessments on the owners of these parcels totaled $34,506,91. In order to recover this cost, it is necessary for the Council to adopt a resolution confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. Mayor Streit opened the public hearing, No one requested to speak on this item. Mayor Streit closed the public hearing, W AL TONSMlTH/KLINE MOVED TO ADOPT RESOLUTION CONFIRMING REPORT AND HAZARDOUS VEGETATION ASSESSMENT OF CHARGES. MOTION PASSED 5-0, 4. AMENDING PERS CONTRACT TO INCLUDE MILITARY SERVICE STAFF RECOMMENDATION: . Conduct public hearing and adopt ordinance. Lorie Tinfow, Assistant City Manager, presented staff report. 9 \ e e . Assistant City Manager Tinfow explained that at the July 18,2003 City Council passed a resolution of intent to amend its contract with the Public Employees Retirement System (PERS) to include Section 21024 - Military Service Credit as Public Service. Assistant City Manager Tinfow stated that adopting the attached ordinance was the next step in the process that would allow City employees to purchase credit for time served in the military. Assistant City Manager Tinfow stated that there is no cost to the City and would only benefit three employees, Mayor Streit opened the public hearing. Noone requested to speak on this item. Mayor Streit closed the public hearing. WALTONSMlTH/KING MOVE TO INTRODUCE THE ORDINANCE; WAIVE THE FIRST READING: AND DIRECT STAFF TO BRING THE ORDINANCE BACK FOR ADOPTION ON SEPTEMBER 3, 2003. MOTION PASSED 5-0. OLD BUSINESS 5. APPROVAL OF PLAYGROUND DESIGN FOR BROOKGLEN AND WILDWOOD PARKS STAFF RECOMMENDATION: Approve designs, Cary Bloomquist, Administrative Analyst, presented staff report, Analyst Bloomquist stated that on December 18, 2002 City Council awarded a design contract for the Brookglen and Wildwood Park Improvement Projects to Design Focus of Saratoga, On May 21,2003 Council reviewed the design proposals and directed staff to research safety and durability of the Net Play Equipment and other play equipment components included in the design of each park. Site visits were held during the months of June and July 2003 at area parks in Campbell and San Jose to review similar existing play equipment presently in use at these parks. Councilmember Bogosian asked if equipment listed in the report has been used in other parks. Analyst Bloomquist responded that all the equipment has been used in parks outside Saratoga. Councilmember Waltonsmith asked if the Parks and Recreation Commission approved the design. 10 Analyst Bloomquist responded yes. Mayor Streit commented that this design was a huge improvement over the first proposed design, Sandra Dodge, Parks and Recreation Commission/Chair; stated that the whole process was positive. The Neighborhood Task Force worked well and the Council's involvement was greatly appreciated. Chair Dodge thanked Director Cherbone and Analyst Bloomquist for their hard work. e Councilmember Bogosian stated that he fully supported the water feature and the animals, but pointed out the he thinks the multi-spring seesaw could be hazardous, Councilmember Bogosian stated that a child could possibly get their limbs caught in the springs. For the record Councilmember Bogosian asked that this item be removed from the list completely and replaced with something else, ". Analyst Bloomquist stated that the seesaw meets all of the safety requirements. Analyst Bloomquist stated that he could ask the manufacturer ifthere was any way to mitigate Councilmember Bogosian's concerns. Councilmember Bogosian asked if the company would hold harmless the City for this piece of equipment. Analyst Bloomquist responded that he would ask. Councilmember King stated that the seesaw was one of her children's favorite pieces of equipment to play on, e Vice Mayor Waltonsmith suggested that the Council approve the design tonight without the seesaw and allow staff to contact the manufacture. Councilmember Bogosian noted that he concurred with Vice Mayor Waltonsmith, Councilmember Kline noted that if the seesaw met the safety standards then the Council should move forward and not hold this project up any longer. WALTONSMITH/KLINE MOVED TO APPROVE PLAYGROUND DESIGN FOR BROOKGLEN AND WILDWOOD PARKS IN THE AMOUNT $105.672.00 WITH THE PRIVISO THAT COUNCIL RECEIVE A COMPLETE REVIEW AND EVALUATION OF THE SAFETY AND SAFETY RECORD OF THE MULTI-SPRING SEESAW AND DIRECT STAFF TO REPORT BACK TO COUNCIL IN SEPTEMBER. MOTION PASSED 5-0. Councilmember Bogosian noted that as elected officials it is the Council's responsibility to make sure that our parks are safe for the citizens of Saratoga, 6. CELEBRATE SARA TOGA ~ PRINCIPLES OF COOPERA nON STAFF RECOMMENDATION: Approve the agreement; authorize the Mayor to execute agreement on behalf of the City. e 11 , Dave Anderson, City Manager, presented staff report. . City Manager Anderson explained that the report before Council this evening was a result of the City Council's Chamber Ad-Hoc Committee. The Committee has been working on a Celebrate Saratoga agreement between the City and the Chamber of Commerce for several months. City Manager Anderson noted that the proposed agreement memorializes the respective responsibilities of the City and the Chamber. City Manager Anderson explained that the agreement calls for the City to meet with the Chamber early in the year to initiate planning for the event and to assist with permitting and insurance for the event. During the event the City provides barricades and staffing for the street closures, and "no parking" signs in adjacent neighborhoods to keep fire lanes open, City Manager Anderson stated that after the event, the City provides assistance with the cleanup by blowing trash into the street and making several passes with a street sweeper. The Chamber, City Manager Anderson explained, is responsible as the primary event sponsor, for organizing and staffing the event, for submitting all permits in a timely fashion, and notifying all businesses affected by the event. During the event, the Chamber will provide for event security, shuttle buses from remote parking lots, restroom facilities, and will empty trash containers as they fill up. After the event, the Chamber is responsible for final cleanup of the streets and sidewalks. . City Manager Anderson noted that the City's in-kind support to the Chamber for this event amounts to approximately $10,531 per year, Councilmember Bogosian stated that he fully supports the proposed agreement because it clearly describes everyone's responsibilities. Councilinember Kline noted that within a year the relationship between the City and the Chamber has taken a turn for the best. Councilmember Kline noted that in the future we would see innovative ways to promote Saratoga's businesses. Vice Mayor Waltonsmith thanked City Manager Anderson, Councilmember Kline and Councilmember King for working with the Chamber to develop this agreement. W AL TONSMITH/KlNG MOVEDTO APPROVE THE AGREEMENT WITH THE CHAMABER OF COMMERCE AND AUTHORIZE THE MAYOR TO EXECUTE AGREEMENT ON BEHALF OF THE CITY. MOTION . PASSED 5-0. NEW BUSINESS . 7, ARGONAUT SCHOOL TRAFFIC IMPROVEMENT PLAN AND MV RESOLUTION STAFF RECOMMENDATION: Accept plan and adopt resolution. 12 TITLE OF RESOLUTION: MV-242 . RESOLUTION RESTRICTING PARKING AND TURNS ON PORTIONS OF SHADOW MOUNTAIN DRIVE . Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow stated that tonight she was asking that Council accept the Argonaut School Traffic Improvement Plan and adopt the Motor' Vehicle resolution necessary to implement the Plan. Also, Assistant City Manager stated that she passed out an email staff received ITom one of the property owners that staff attempted to contact to find out how they felt about the proposed red curb in front of their house Assistant City Manager Tinfow stated that last year the Argonaut School Principal contacted staff and said that in previous years the City had helped to control school traffic by providing temporary sawhorses and temporary signage. Assistant City Manager Tinfow noted that apparently during the school construction in 2001-02 the materials supplied by the City disappeared. Later in the 2002-03 school year the Principal requested that the City make the changes permanent. The Public Safety Commission determined that because of the relatively minor nature of the changes and the history of the temporary measures working successfully, a full resident and parent involvement process was not needed. Assistant City Manager Tinfow explained that the proposed changes would result in a number of safety and traffic flow improvements including reducing confusion and congestion at the entrance of the parent parking/queuing lot; restricting parking along the entire east curb to both reduce congestion and improve visibility of cars moving toward the designated parking/queuing location; improve flow and safety to staff vehicles moving out of their parking area; improving visibility at crosswalks. . Assistant City Manager Tinfow eXplained the elements of Argonaut School Traffic Improvement Plan, In regards to the email Council received this evening from the property owner of 20076 Ljepava Drive, Vice Mayor Waltonsmith asked if they supported or opposed the red curd. Assistant City Manager Tinfow responded that the property owner agreed, but on the condition that if it had adverse affects on their property the City would remove the paint. Technically the City doesn't have to have the property owner's permission to paint the curb, although staff was trying to work with them. Assistant City Manager Tinfow stated that 25-feet ofred curb would not scientifically restrict the property owners on street parking. . Mayor Streit stated that four years ago the City had to threaten to sue Saratoga School District unless they addressed traffic issues. Mayor Streit stated that today schools are approaching the City for help, Mayor Streit thanked Assistant City 13 , Manager Tinfow and Public Safety Commissioner Bridgette Ballingal for the great work they both have done working with the schools. . W AL TONSMITH/KING MOVED TO ADOPT RESOLUTION AND APPROVE THE ARGONAUT SCHOOL TRAFFIC IMPROVEMENT PLAN. MOTION PASSED 5-0. Council member King suggested that staff send a letter to the Principal of Argonaut School thanking her for cooperating with the City, 8. DEVELOPMENT OF PROCESS TO BE USED FOR PUBLIC DISCUSSION OF CITY OWNED PROPERTIES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that this item stemmed from the discussion of the disposition of the North Campus on the Council's June 18th agenda. Council requested that staff bring back a report containing process options for reviewing all City owned properties and facilities. . City Manager Anderson described three options for the formation of a committee: 1. Committee of the Whole 2. Council Ad-Hoc Committee 3, Blue Ribbon Commission City Manager Anderson described three methods of appointment: 1. Mayor appoints representatives with input other Councilmembers 2. Councilmembers make appointments jointly 3. Each Councilmember appoints a member or members of the committeelcommission City Manager Anderson described several process alternatives from Town Hall meetings to surveys, City Manager Anderson noted that once Council has determined the form of committee/commission, appointed its membership and determined the desired public input approach, staff is prepared to support the effort, City Manager Anderson noted that City staff is preparing a detailed inventory of each City property and facility using GIS maps, site drawings and relevant master plans. Vie Monia stated that he doesn't have a particular process he supports, but urged the Council to go forward. Mr. Monia stated that the community should come together and talk about what they want Saratoga to look like in the future, . Councilmember King noted that she feels Mr. Monia brought up two different Jssues: I. What we can do with the assets we have now 2. Look at the vision of the City for the future. 14 Vi~ M"o' W,,",",,,,i", ",,","," th' C",",iI ,""uld d"¡"" · '""o~ bdo" m"""'" fO,","". "'~ May"' W,"",mi", q,,""""' th, ,p,w~h " wh""~"' 00' tho council i, 100- " wlØ we "" do with "" p"'®' 'udgo' "wljÒA, ",,000 tho ,,,",,biliti" ofloojÒAg i<rt ° tho tutu,,· V'"' M""' W ","",,,,i", "",¡,in", tho' "" drink' "" C""nOil """"Id "" ,,,ff \0 ~"u"" "" C"' o_d !"op,,"" thoilili", ",d "",-, ioch>ding thoi< p"""" u"g' ..d ,,,_I u"g'· .. . Vi~ Ma,,, W ,"""""nb 00'''' ,"" ",,,,, ""i"~""''' ..d "hid, ,opili ,hou" ,¡", b, ""Iud'" N"'"" 6" coun"l mould dcl"",i" ",,,,,,,,,,,, ,>clio", '" bring these assets up to desired use and determine the costs of renovations up","," "'" "P"" Vi~ M"" W,"o",,,,,,,.-d tho' thi, would "",w",' c""ncil " dclmni" whi" nflbo~ ,ctioun Md 00", onuld b, ""inwlo'" b, ",' Ci,,', 00"",1 budgcl "'" whi '" ,ould no'. "'~ Ma,,, W """""ith ",wd tho' thi' w",,1d bo "" ,ww,,"'" rim' " u" who! 'YP' of mh~ ,""ding moo""""'" the community would support or continue to do things the same way. Cmmci¡m""b~ Kli" "",d tho' '" wnW""' wi" V;~ M.,,, W ,"o..mnb ,b,' '" i"~"'ry "" would '01,. councilm""'~ Kli" ",wd ,"" "" "" i,'" i' "i orioizi"" wnb , "mil"' budg'" Council"''''''''' KIi" ,,"'" "'" th, '"'''''' must be a public process. councilmember Kline stated that a Committee as a Whole would be the best approach. C_il",'ml# BogO,,", .-d """, 'ß'O"d "","" 'W'"" ron,1 ""md' th, community but added that it is difficult to get the public involved. C"""''''''''''''' Bog"i'" ,,,wd ,'d,,,,,in, ,,,,, ,;,bon oo",,,,i";on would help bring the public into the process. Vi~ M"" W.honuoi'b enun'" .,,,,,,,,d tho! ", Ci" ,h",,1d -' "'" """,I notices to the community inviting them to attend a public forum, . Du' ,,",' oon,m """"", C",,",ilin''''''' King ",loin", "'" wh® th' ,,¡~ ,f ,",,1," pw,"" i, in "'''''on !boy m" w"" " ,,roci,,,, in tho """,,; on' of the future of the City. enuno""'''''''' Kli" .,,,,,,,'" tho! th, pw~~ ",,"d ,WI " , C,,,,,,,,,,,, of , Who¡" coun,ilm,m'" Klin' ""I""",, thol ", ¡,w,- "" could""" b, ,pi" into separate subcommittees, examined and then brought back to the whole committee for discussion, Mayor Streit noted that he agrees that citizens must be involved in the process. M',,, "".t ..'" tho' h' drink' tho! i"b' CitY Council d"d'p' "" p""", ",d drives the subcommittees, the results would positive. Cou","m""b~ Bo,,,i'" no'" thot ", ennocil ,hould b' ,,,,ful " b""" tho committees so they are not focused on specific issues. 1f.' '" 100""" " , ,i,ino ofS"""g' 10-20 '"'' 000, C"",61"'''''''' Riog """,,,, t"" ,,'" """ , "wi,h ",f of w"', w' would lik' ",~,n fo< m' Ci" if mOOoj w" "" '" i,.,,· · 15 , Consensus of the City Council is to direct staff to: I, Set a date for a public forum to present a comprehensive property inventory list 2. Advertise the meeting inviting every citizen of Saratoga to participate . 9. REPORT, DISCUSSION AND DIRECTION TO STAFF REGARDING URBAN SERVICE BOUNDARY ADJUSTMENTS IN THE GENERAL AREA OF HAKONE GARDENS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staffrepori. Director Sullivan explained the process to amend the City's Urban Service Boundary in regards to the Britton property near Hakone Gardens. This property is beyond the City's Urban Service Boundary but is contiguous to both the existing City limit Line and Hakone Gardens. Director Sullivan noted that this property is currently on the market and is being offered at $3 million. Director Sullivan noted that LAFCo would only process one adjustment to the Urban Service Boundary annually, The City's General Plan Land Use Map designates this area as Residential Very Low Density (RVLD), which allows up to 1.09 dwellings per net acre. . Director Sullivan stated that staff was present this evening to seek direction from Council on this issue, Director Sullivan noted that the fiscal impacts to the City would be the initial $5,500 deposit plus the actual cost to process the application. Consensus ofthe City Council was to direct staff to proceed with the application to include the Britton and English property within the City's Urban Service Boundary. COMMISSION ASSIGNMENT REPORTS Mayor Streit reported the following information - Heritage Preservation Commission - attended the joint meeting with the Planning Commission. Mayor Streit noted that the two groups were very enthusiastic, talked about Saratoga's history, and Director Sullivan gave a great presentation, Vice Mayor Waltonsmith reported the following information- Parks and Recreation Commission - attended their meeting on Monday night, City Planner Ann Welsh discussed and presented the 1 st draft of the Trails Master Plan. The PRC also formed three new task forces - Dog Park Feasibility Task Force, Commissioner Handbook Task Force, and Planning Task Force VT A Restroom Ad-Hoc Committee ~ design recently went out to bid. . Councilmember King noted that she had no information to report. Councilmember Kline reported the following information - Gateway Task Force - noted that the first meeting was very productive. 16 Library Commission - noted that Marcia Manzo was no longer the Chair and requested she be presented with a commendation. , Councilmember Bogosian reported the following information - Norton Road Fire Access Ad-Hoc Committee - recommendations would soon be coming . back to the City Council for discussion. CITY COUNCIL ITEMS Referring to a letter received from the Women League of Voters, Council member ' Bogosian stated that the League has requested that the Council consider adopting a . resolution in regards to the USA Patriot Act and the Protection of Civil Rights and Liberties. Councilmember Kline noted that he supported Councilmember Bogosian's request. Vice Mayor Waltonsmith noted that the Santa Clara Valley Water District approved the re-opening of the Gardiner Park Trail yesterday, Vice Mayor Waltonsmith announced that Hakone Gardens was looking for docents. Vice Mayor Waltonsmith stated that if anyone was interested in becoming a docent check out Hakone's web site. Vice Mayor Waltonsmith noted that Saratoga Area Senior Coordinating Council (SASCC) recently hired a new Director and suggested that she be invited to the next City Council meeting to be introduced. Consensus of the Council to invite the new SASCC Director to the next meeting for introduction. . OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 9:20 p.m. R(\ert. lly submitted, D~ 1 Cathleen Boyer, C City Clerk . 17 , · · · SARATOGA CITY COUNCIL MEETING DATE: September 3, 2003 2:5 O--Y~ AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: PREPARED BY: Jaye Tka~{ÚÞL DEPTHE~~' SUBJECT: Check Registers: 7/24/03 and 8/8/03 RECOMMENDED ACTION(S): Approve the Check Registers. REPORT SUMMARY: Attached are the Check Registers. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTlON(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None A TT ACHMENTS: Check Register Certifications. , ' Fund# Fund Name Date Manual Void 7/24/2003 Checks Checks AP CHECKS A93398-93715* 1 GENERAL 363,153.13 2,554.17 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 70,812.42 160 Transit Dev 170 Hillside Repair 180 LLA Districts 3,824.26 250 Dev Services 13,383.40 260 Environmental 6,894.13 270 Housing & Comm 11,784.43 290 Recreation 36,997.75 291 Teen Services 576.94 292 Facility Ops 400.00 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 351 Public Safety 18,473.36 352 Infrastructure 20.00 353 Facility 354 Park and Trail 6,709.20 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD#2 740 PD#3 800 Deposit Agency 810 Deferred Cornp 830 Payroll Agency 990 SPFA Subtotal 532,452.08 3,131,11 PAYROLL CHECKS: B29202-29248 *AlP Checks 93501-93574 Outside Printer did not print checks. 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Plq O~~ ~a.~ M><O >"'~ HO ~~ OPl 8" e ee 00 , , 00 ~M NN MM ~~ , , O~ MO 00 ~M , , eO O~ OH MM 00 00 NN " ~M NN " ~~ 00 00 00 e Fund Name Date Manual Void Total 8/8/2003 Checks Checks AP CHECKS A93716-93866 1 GENERAL 84,768.83 96,000.00 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 7,357.49 160 Transit Dev 170 Hillside Repair 180 LLA Districts 15,963.57 250 Dev Services 8,853.63 260 Environmental 183.22 270 Housing & Comm 290 Recreation 54,691.54 291 Teen Services 9,95 292 Facility Ops 600.00 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 40,362.95 .351 Public Safety 41,667.81 352 Infrastructure 1,645.20 353 Facility 354 Park and Trail 144.48 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 45,013.00 730 PD#2 740 PD#3 800 Deposit Agency 3,000,00 810 Deferred Comp 830 Payroll Agency 990 SPFA Subtotal 259,248.67 141,013.00 PAYROLL CHECKS: 829249-29295 TOTAL ~P"P'.d by Date: nUU/Z- ~,;;;"lrO 3 ~r IAPproved by: . ~ o 00 :0 '" ~ ~ ¿, ~ 00 ~ ~ 0 0 ~ ~ ~ ~ 0 0 0 0 ~~ ~ N N 0 0 M~ 0 ~ ~ 0 0 00 0 " 0 0 ~ ~ ~ ~ 0 0 ~ ~ 00 0 0 0 0 0 ~~ ~ ~ ~ 0 0 00 0 êš M M ~ ~ ~ ~ ~ ~ ~ ~ 00 0 0 0 0 0 000 ~ 0 0 0 0 00 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ 00 ~ ~ ~ ~ ~~ N M M ~ ~ ~~ ~ 00 M M N N ~ ~ ~ ~ ~ ~ M M N N ~OO M ¡;¡~ ~ ~ ~ ~ ~ ~ ~ M M X ~ 0 ZZ . 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OMMMM,..,,,,, OM O~ O~ 000 / / ~""Njr~ C h uK c /~ . Úo,d cJ~cj ¡J-J ð. 4J).rh", /lh/. /1ßL ¿/ ril 7/ð;? /1'11 Ji"...·/, f "/ /~ ¡-Ie (t---F/'t"'^ T r?ll) e ~ · SARATOGA CITY COUNCIL MEETING DATE: September 3, 2003 ORIGINATING DEPT: Admin. Services PREPARED BY: Jesse Balocv'2 ¿/ AGENDA ITEM: . 2C &~~¿ CITY MANAGER: DEPTHE~~ SUBJECT: 2002/03 Year End Appropriation Adjustment RECOMMENDED ACTION(S): Approve resolution authorizing budget adjustments to fiscal Year 2002/03. REPORT SUMMARY: The actual expenditures in most programs are less than their combined fund-level appropriations. However, in some cases at the fund level programs have exceeded the appropriation where no other programs were available to provide an offset causing the total fund to exceed appropriation levels. Unanticipated expenditures often occur after the mid-year financial report and must be rectified. To do this, a budget transfer is done to increase appropriations in these programs to match the actual expenditures. There is sufficient funding in all cases to fund the budget transfer. Following is a listing of the programs that require a budget adjustment, the amount and reason for the overrun, and the funding source for the adjustments. · Fund Amount Landscape and Lighting $ 33,500 Development Services 50,000 Recreation 41,000 $124,500 ReasonlFunding Source Greater utility, maintenance, and repair costs result of budget being based upon 1999/2000 actual costs. Additional cost primarily reflects the increase in geotechnical & engineering services supported by offsetting fee revenue, planning commission stipend, Redberry annexation cost. Revenue supports includes Geology review fees, engineering fees, and building revenues that have exceeded proj ections. Additional cost reflects the increase in revenues as projected during the mid-year budget process. · FISCAL IMPACTS: There is no real fiscal impact of authorizing the recommended budget adjustments to Fiscal Year 2002/03. Increases to budget line-items reflect changes necessitated by increased program p activities offset in part or whole by the increase in revenues. The funds have already been spent, so the transfer is simply a budgetary accounting entry to remain in compliance with the City's . budget control policy. The transfer will increase the size of the prior FY 2002/03 budget by $124,500 and will not affect actual expenditures or fund balance figures. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The consequence of not approving the budget transfers is that expenditures for certain funds will be in excess of the authorized appropriations. This would be in violation of the City's budget policy that controls expenditures at the fund level. ALTERNATIVE ACTION(S): Deny the budget amendment, and allow certain funds to exceed appropriations. This will be in violation of the City's budget policy and would be reported as such in the City's upcoming CAFR report. FOLLOW UP ACTION(S): None. ADVERTISING, NOTICING AND PUBLIC CONTACT: . Nothing additional. ATTACHMENT: Resolution authorizing budget adjustments for Fiscal Year 2002/03 . 20f2 1 RESOLUTION NO. e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2002/03 BUDGET WHEREAS, On June 30, 2003, the City of Saratoga ended its 2002/03 fiscal year; and WHEREAS, the books and records of the City are in the process of being ¡;malyzed, adjusted, and closed; and WHEREAS, appropriation transfers are needed in certain programs that have caused their fund to exceeded their existing Fiscal Year 2002/03 appropriation, to remain in compliance with the City's budget control policy; and WHEREAS, there are no fiscal impacts of implementing the budget adjustments to Fiscal Year 2002/03 since the funds have already been spent, and this is simply a budgetary accounting entry. NOW, THEREFORE, the City Council of the City of Saratoga hereby approves budget transfers in the following amounts: Fund Amount . Landscape and Lighting $ 33,500 Development Services 50,000 ReasonlFunding Source Greater utility, maintenance, and repair costs result of budget being based upon 1999/2000 actual costs. Recreation 41,000 Additioflal cost primarily reflects the increase in geotechnical & engineering services supported by offsetting fee revenue. Geology review and engifleering fees exceeded public works projections by $273k. Additional cost reflects the increase in revenues as projected during the mid-year budget process. $124,500 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: . Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk 't e . . A TT ACHMENT B · \ · · SARA TOGA CITY COUNCIL MEETING DATE: 7Ù ¿;7.-J~ September 3, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: Lori Bu~~/ DEPT HEAD: ., SUBJECT: 2nd Reading and Adoption of Ordinance to Amend California Public Employees' Retirement System Contract to Include Military Service Credit as Public Service RECOMMENDED ACTION(S): Adopt ordinance to amend the City's contract with the California Public Employees' Retirement System (PERS) to include Section 21024 - Military Service Credit as Public Service. REPORT SUMMARY: At its August 6th, 2003, meeting the City Council introduced an ordinance to amend its contract with the California Public Employees' Retirement System (PERS) to include Section 21024 - Military Service Credit as Public Service. Adopting the attached ordinance would authorize the Mayor to execute an amendment to the contract between PERS and the City of Saratoga, allowing City employees to purchase service credit for time served in the military. FISCAL IMPACTS: . There is no cost to the City for this PERS contract option. The employee pays the entire cost. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Veteran employees could not purchase service credit for military service. ALTERNATIVE ACTlON(S): Amend the most recently ratified employment contracts to eliminate the military service option. FOLLOW UP ACTION(S): · Forward required documents to PERS for processing. . ( ADVERTISING, NOTICING AND PUBLIC CONTACT: . City Clerk has noticed the public as legally required. ATTACHMENT: A) Ordinance to amend contract between the Board of Administration of the California Public Employees' Retirement System and the City Council ofthe City of Saratoga. B) Sample Copy of Amendment to Contract. e . \ e e . ATTACHMENT A ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SARATOGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Saratoga does ordain as follows: SECTION 1. That an amendment to the contract between the City Council ofthe City of Saratoga and the Board of Administration of the California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor ofthe City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. The City Clerk shall cause this ordinance or a summary thereof to be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th day of August, 2003, ahd was adopted by vote following a second reading on the 3rd day of September, 2003. This Ordinance shall take effect 30 days after the date of its adoption and thenceforth and thereafter the same shall be in full force and effect. Adopted and approved this 3th day of September, 2003, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk PERS-CON-llA (Rev.8/94) (Implement) Attachment B  CalPERS . EXHIBIT California Public Employees' Retirement System - . AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Saratoga .--- - - . The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective June 1, 1961, and witnessed April 27, 1961, and as amended effective April 6, 1973, April 1, 1977, May 1, 1978, September 18, 1999 and February 4, 2000 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective February 4, 2000, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. . , '-)1 ¡:J.j"C D,n Nin""l ~!(::1,1 "¡::\'!-1!p¡r () ¡ L!-J;,:)L IIJ 'J ~'j~d;j i-F;d",,';-¡ ~ ". · 2. Public Agency shall participate in the Public Employees' Retirement System from and after June 1, 1961 making its employees as hereinafter, provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: ". a, Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. EXCLUDE PERSONS HIRED ON OR AFTER APRIL 6, 1973 WHO ARE EMPLOYED ON A TEMPORARY AND/OR SEASONAL BASIS IF IT IS A CONDITION OF EMPLOYEMENT AT TIME OF HIRE THAT SAID EMPLOYMENT NOT EXCEED SIX MONTHS; AND b. SAFETY EMPLOYEES. · 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to March 31, 1978, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 7, Public Agency elected and elects to be subject to the following optional provisions: · a. Section 20042 (One-Year Final Compensation). ,. '! "'-,'''- ,- i\ ~, " . r .'~ ,-- fj ". .:'''' -r' ·.....1 J-; 1\! ~¡ r -J ¡-,..; ~, 'j I '! \ ~, . '. <- :,,'.:ULJ\\j<J¡ ~)¡\J\\! [}~¡¡;O¡. 0r~L.., I . b. Section 20965 (Credit for Unused Sick Leave). c. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 8. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on April 1, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: . a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c, A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the . Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. \ . . . 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION .~~~ CITY COUNCIL PUBLIC EMPLOYEES' RETIREMIiNtSYSTEM CITY OF SARATOGA.. ci-;; .-" '" ^ .........S".. ..,.~~ " ";\,"y' <ì.....,_'^ . ~..~ç:'" .,.~\.--{)'" .o,\.' , > . BY :,'<,)" BY "Ì-".,'·è ~«)"'" KENNETH W. MARZIDl~J!,.ÇIiIEF PRESIDING OFFI,~R ACTUARIAL & EMP~..().fËR SERVICES DIVISION /,.., Š"·'; PUBLIC EMPLOYEES; RETIREMENT SYSTEM . '\.",' - ~0~ \' ",'" .<::,\v ,..«v. v WitnèšiJDate '(~ ì ..;\ Attest: Clerk AMENDMENT ER# 0452 PERS-CON-702A (Rev. 8\02) . . . . SARA TOGA CITY COUNCIL MEETING DATE: September 3, 2003 ORIGINATING DEPT: City Manager's Office PREPARED BY'C' X:n> K í ~ AGENDA ITEM: 2 E: CITY MANAGER: ¡;£/ ---7~ DEPT HEAD: SUBJECT: Second Reading and Adoption of Amendments to the City Code Regarding Various Sections of the R-l (section 15-12), Design Review for Single Family Dwellings (section 15-45) and the Subdivision (Chapter 14) RECOMMENDED ACTION: Grant second reading and adopt the Ordinance. REPORT SUMMARY: On August 6, 2003 the attached Ordinance was adopted by the City Council. State law requires the City to publish a copy of an ordinance following council adoption and that no ordinance can take effect unless properly published, The Saratoga News has indicated that given its.40-page length the ordinance could not be published, In such cases, State law allows the City to substitute a summary for the full text of the ordinance if it' s published at least five days befor~ it is adopted and then again after adoption together with the names of council members voting for and against the measure. A summary of the ordinance was published August 27,2003, If the Council adopts the ordinance as recommended staff will publish the summary again on September 10, 2003 and the ordinance will take effect on October 4,2003. FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: Publish the Ordinance Amendments pursuant to State law. ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: Attachment A: Staff report dated August 6, 2003 including Ordinance amending Section 15-12, 15-45 of the Zoning Ordinance and portions of Chapter 14. 20f2 , e . . e e . SARATOGA CITY COUNCIL MEETING DATE: August 6,2003 AGENDA ITEM: 2\= &J~/ ORIGINATING DEPT: Community Development CITY MANAGER: PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: ., . SUBJECT: Second Reading and Adoption of Amendments to various sections of the R-I (section 15-12, Design Review for Single Family Dwellings (section 15-45) and the Subdivision (Chapter 14) RECOMMENDED ACTION: Grant Second Reading and adopt the Ordinance. REPORT SUMMARY: California Environmental Quality Act The City Council granted a Negative Declaration at its July 16, 2003 meeting. Project Description The City Council conducted a Public Hearing, Introduced and gave First Reading to a set of amendments to three sections of the Saratoga City Code at its July I6, 2003 meeting. These sections are; 15-12 R-I: Single Family Residential Districts, 15-45 Design Review: Single Family Dwellings, and Chapter 14: Subdivisions. At that meeting, the City Council made a slight change to one section. The change relates to a process of allowing greater height through a Use Permit process in order to achieve architectural purity. This section now reads, "Exceptions to these limitations may be approved pursuant to a Use Permit and Design Review issued in accordance with Article 15-55 of this Code if the additional height is necessary in order to adhere to a specific architectural style. The additional height may only be granted on residentia11y zoned parcels exceeding 20.000 square feet. The Staff and Planning Commission wiH use the "A Field Guide to American Houses" and other resource material approved by the Planning Commission as resources documents to assess the purity of architectural design." FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The various ordinances regulating single-family development will continue to be difficult to interpret and/or implement. ALTERNATIVE ACTION: .. I, The City Council could send all or part of the set of amendments back to the Planning ., Commission for additional study. 2. The City Council could make additional changes and direct staff to place the matter on a future agenda for Second Reading and adoption. FOLLOW UP ACTION: Publish the Ordinance Amendments pursuant to state law. ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: 1. Ordinance Amending Section 15-12,15-45 of the Zoning Ordinance and portions of Chapter 14, e e · ORDINANCE AN ORDIANCE AMENDING VARIOUS SECTIONS OF THE ZONING CODE RELATING TO R-l DEVELOPMENT AND SUBDIVISION CODE RELATING TO THE ELIMINATION OF THE BUILDING SITE APPROVAL PROCESS OF THE CITY OF SARATOGA THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings, The City Council finds and declares as follows: A. The Planning Commission has conducted a public hearing to consider amendments to the zoning and subdivision codes with respect to single family dwellings development, and B. The City Council of the City of Saratoga has conducted a Public Hearing on July 16, 2003 wherein all interested persons were afforded an opportunity to discuss the proposed amendments. Section 2. Adoption. · R-l: SINGLE FAMILY RESIDENTIAL DISTRICTS ORDINANCE SECTION IS AMENDED TO READ: Article 15-12 R-l: Single- Family Residential Districts · 15-12.010 Purposes of Article. 15-12.020 Permitted uses. 15-12.030 Conditional uses. 15-12.040 One dwelling unit per site. 15-12.050 Site area. 15-12.060 Density of hillside subdivisions. 15-12,061 Location of building sites, 15-12.070 Sire frontage, width and depth. 15-12.080 Site coverage. 15-12.090 Front yard, side yards and rear yards. 15-12.100 Height of structures. 15-12.110 Accessory uses and structures, 15-12.120 Fences, walls and hedges. 15-12.130 Signs. 15-12.140 Off-street parking and loading facilities. 15-12.150 Design review. 15-12.160 Storage of personal property and materials. 15-12.010 Purposes of Article. . In addition to the objectives set forth in Section 15-05.020, the single-family residential districts are included in the Zoning Ordinance to achieve the following purposes: (a) To reserve appropriately located areas for family living at a reasonable range of population densities consistent with sound standards of public health and safety. (b) To ensure adequate light, air, privacy and open space for each single-family dwelling unit. (c) To protect single-family dwellings from the congestion and lack of privacy associated with multi-family dwellings. (d) To provide space for community facilities needed to complement residential areas and for institutions, which require a residential environment. (e) To protect residential properties from the hazards, noise and congestion created by commercial and industrial uses. (f) To protect residential properties from fire, explosion, noxious fumes, noise, excessive light or glare and other hazards. 15-12.020 Permitted uses. The following permitted uses shall be allowed in the R-l districts: (a) Single-family dwellings. (b) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment, one second dwelling unit or one guest house. (c) Raising of fruit and nut trees, vegetables and horticultural specialties, not including nurseries, greenhouses or storage of landscaping equipment products or supplies for commercial uses. (d) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (e) Stables and corrals for the keeping for private use of one horse for each forty thousand square feet of net site area; provided, however, that in the equestrian zone only, one additional horse may be permitted on the first forty thousand square feet of net site area, and an additional horse may be permitted for each additional forty thousand square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code. (f) Swimming pools used solely by persons resident on the site and their guests. (g) The keeping for private use of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this Chapter. (h) Except as specified in section 15-12.030, recreational courts, to be used solely by persons resident on the site and their guests. . . · · · 15-12.030 Conditional uses. The following conditional uses may be allowed in the R-l districts, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter: (a) Accessory structures and uses located on the same site as a conditional use. (b) Community facilities. (c) Institutional facilities. (d) Police and fire stations and other public buildings, structures and facilities. (e) Religious and charitable institutions. (f) Nursing homes and day care facilities, in excess of 6 persons being cared for at the facility. (g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines. (h) Recreational courts, to be used solely by persons resident on the site and their guests, where the lot is located in an R-l district that is combined with a P-C district or is part of a planned residential development, (i) Boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code, (j) Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by theP]anning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof. (k) Cemeteries. (1) One second unit, as authorized by a use permit granted pursuant to Article 15-56 of this Chapter. (m) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (Amended by Ord. 71-163 § 1 (part), 1996) 15-12.040 One dwelling unit per site. Not more than one dwelling unit shall be located on each site, except for a second dwelling unit pursuant to Article 15-56 of this Chapter. 15-12.050 Site area. The minimum net site area in each R-l district shall be as follows: ^ ,____...u,_.._.,_ .....n._...__ ~_~._,...__._..._"_. ¡Flag Hillside Lot 'Interior ; Corner ._--~-~---~ sq. ft. District sq. ft. r4Õ~00c5~q.ft~ .-._"-_._-----'---_._".~--------- sq, ft. . -,.._..~._--_. --~-'--"-'---'-'-"--"""-"--.'- ~-----~~._--_._-,,-------,_.__.--- ~---..._----~,,--_._._---, -- iR-I-12,500 )2,500 sq. ft. 115,000 sq. ft. )20,000 sq. ft. 40,000 sq. ft. . :R-I-15 ~ 000 --- ri5~OOÓ-sq. fr.-·--18:ÖOo-;q.1t~--· [20, 006-~q. ft.···- ·40~Ö·00-s;:¡jt:"-----· :R=I-20,0õê)""""~O,000 sq. it~--i24,000 sq. ft:--i26,00õ sq. ft. -.- 40,000 sq. iR=i=40,OOÕ--' :4o:600;-q~ft.--· ~8,ÕOO~q.·ft.·--j46,OOÕsq:ft. . 40,000 sq. ft. -(Amended bYOrd. 71.99 § 7, i99l)-----.---~--------··------·--~--- 15-12.060 Density of hillside subdivisions. In the case of a hillside subdivision, as defined in Section 14-10.140 of the Subdivision Ordinance, located within any R-l district, the maximum number of dwelling units (density) shall be as follows: (a) Determination of density. Except as otherwise provided in subsection (c) of this Section, the maximum density of a hillside subdivision shall be determined by dividing the net site area of the property to be divided by the average acres per dwelling unit, rounding up to the next whole number where a fraction of more than .so is obtained, (b) Average acres per dwelling unit. The average acres per dwelling unit shall be determined by the following slopeldensity formula: Average acres per dwelling unit = 1/1.089 - .01778 (S) . Where: S = average slope in percent, as calculated in accordance with Section 15-06,630 of this Chapter. (c) Reduction of density. The City may require a reduction in the number of dwelling units below the maximum number otherwise permitted under subsection (a) of this Section if the City determines that such reduction is necessary or appropriate by reason of site conditions including, but not limited to, geologic hazards. 15-12.061 Location of building sites. The average natural grade of the footprint underneath any dwelling unit, swimming pool or other sttucture shall not exceed thirty percent slope, and no dwelling unit, swimming pool or other sttucture shall be built upon a slope which exceeds forty percent natural slope at any location under the sttucture between two five-foot contour lines, except that: (a) A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and (b) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made. . · · · 15-12.070 Site frontage, width and depth. (a) The minimum site frontage, width and depth in each R-l district shall be as follows: ..___.___.....,,_ ._'..m._____.... ,_..___...._..__.~___..._ .".____.~._..~.__~____.__.______,.....__..___..__._._~,__.' District Site Frontage Site Width ¡Site ;Depth --I .__._---_.._-~_.-.--_..,-'._--,----------_._.- ,,-----.-.".----- ,R-l-lO,OOO fr. .85 fr. ft. ! 'R;l:i2300 -~~ '65 ft.-~--~~- -90~-~~~- [120 fr.~------- R-l-l5-,000----70 ft.-~-------100 ft. -iIi5f¿:---~- , - ..-...----....,- 'R-l- 20,000 ft. 110 ft. ft. R:l:.4Ö~Õ-60~---10Qh~------ 150 ft. .,. (b) Notwithstanding the provisions of subsection (a) of this Section: (1) The site width of a corner lot shall be not less than one hundred feet. (2) The minimum site frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or more of the frontage abuts the turnaround. (3) The frontage and width of an access corridor to a flag lot shall be not less than twenty feet. 15-12.080 Site coverage. The maximum site coverage, as defined in section 15-06.620(f), in each R-l district shall be as set forth in the following table: _____________.m__________~ '_n"_u __,_._~_~___.____.____.__.________ District ¡Coverage (percent) .-------------.-.-.----.----. R-l-1O,00060 ..--...........--..-..-........----..---...- -- ------ .----......----------.--.-..."...-...- -------..---..-----.-.--.-.-..-. R-1-12,500 55 R-1-15,OQÖ--~--~--~--rsó----~---~-~------~- __m_'__~_._.___~___·.___·__ _________ R+20,000 :45 iR-::l-::40,6õó----- .~-- r:35~---------~--------- (Amended by Ord. 71.99 § 8, 1991; Ord, 71-111 § 1, 1992; Ord. 71-185 § 1 (part), 1998) 15-12.090 Front yard, side yards and rear yards. (a) The minimum yard requirements for all lots in the R-l district, are as follows: (1) Front yard. The minimum front yard of any lot in each R-l district shall be the . distance indicated in the following table: District Front Yard R-I-I0,000 R-I-12,sOO R-I-ls,OOO R-I- 20,000 R-I-40,000 25 ft. 25 ft. 25 ft. 30 ft. 30ft. (2) Side yards of interior lots. The minimum side yard of any interior lot in each R-l district shall be the distance indicated in the following table for each side yard: First Floor Individual Second Floor Individual District Side Yards Side Yards R-HO,OOO 10 ft. 15 ft. . R- H2,sOO 10 ft. IS ft. R-l-ls,OOO 12 ft. 17 ft. R-I- 20,000 15 ft. 20ft. R-HO,OOO 20 ft. 25 ft. (3) Side yards of corner lots. The minimum side yard of any corner lot in each R-l district shall be the distance indicated in the following table: First Floor Second Floor First Floor Second Floor Interior Interior Exterior Exterior District Side Yard Side Yard Side Yard Side Yard R-l-lO,OOO 10 ft. 15 ft. 25 ft. 30ft. R-l- 12,500 10 ft. IS ft. 25 ft. 30 ft. R-I-15,000 12 ft. 17 ft. 25 ft. 30 ft. R-I- 20,000 IS ft. 20 ft, 25 ft. 30ft. R-I-40,000 20ft, 25 ft. 25 ft. 30 ft. . . (4) Rear yards of corner lots. The minimum rear yard of any corner lot in each R-l district shall be the distance indicated in the following table: District First floor Second floor Rear Yard Rear Yard 10 ft. 10 ft. 10 ft. 10ft. .,- 12 ft. 12ft. 15 ft. 15 ft. 20ft. 20ft. R+I0,000 R-I-12,500 R+15,000 R+20,000 R+40,000 (5) Rear yards of interior lots. The minimum rear yard of any interior lot in each R-l district shall be the distance indicated in the following table: First floor Second floor District Rear Yard Rear Yard R+I0,000 25 ft. 35 ft. . R-H2,500 25ft. 35ft. R-H5,000 30ft. 40ft. R+ 20,000 35 ft. 45 ft. R-HO,OOO 50 ft. 60ft. (b) For the purpose of this Article, ''vacant lot" means a parcel with no existing single- family dwelling. (c) Determination of yards for flag lots. On a flag lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purpose of measuring the front, side and rear yards, unless to do so would adversely affect the lot's normal yard orientation in relation to adjacent lots. (Amended by Ord. 71.99 § 9, 1991; Ord. 7H06 § 2, 1992; Amended during 5/95 supplement: Amended by Ord. 205 § 2, 2002) 15-12.100 Height of structures. . (a) No single-family dwelling shall exceed twenty-six feet in height and no other type of main structure shall exceed thirty feet in height. Exceptions to these limitations may be approved pursuant to a Use Permit and Design Review issued in accordance with Article 15-55 of this Code if the additional height is necessary in order to adhere to a specific architectural style. The additional height may only be granted on residentially zoned parcels exceeding 20,000 square feet. The Staff and Planning Commission will use the "A Field Guide to American Houses" and other resource material approved by the Planning . Commission as resources documents to assess the purity of architectural design. (b) No accessory structure shall exceed fifteen feet in height; provided, however, the Planning Commission may approve of an accessory structure extending up to twenry . feet in height if the Commission finds and determines that: (1) The additional height is necessary in order to establish architectural compatibiliry with the main structure on the site; and (2) The accessory structure will be compatible with the surrounding neighborhood. (c) No structure shall exceed two stories, except that pursuant to a use permit issued under Article 15-55 of this Chapter, a three-story structure may be allowed for an institutional faciliry located upon a site designated for quasi-public facilities (QPF) in the General Plan, where rhe average slope underneath the structure is ten percent or greater and a stepped building pad is used. (Amended by Ord. 71.87 § 1, 1991) 15-12.110 Accessory uses and structures. Accessory uses and structures shall comply with the special rules as set forth in Section 15-80.030 of this Chapter. 15-12.120 Fences, walls and hedges. . Fences, wails and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter. 15-12.130 Signs. No sign of any character shall be erected or displayed in any R-l district, except as permitted under the regulations set forth in Article 15-30 of this Chapter. 15-12.140 Off-street parking and loading facilities. Off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter. . e e . 15-12.150 Design review. The construction or expansion of any main or accessory structu're in an R- 1 district shall comply with the applicable design review regulations set forth in Article 15-45 of this Chapter. 15-12.160 Storage of personal property and materials. (a) Unenclosed storage of personal property is not permitted in any R-l district. (b) No portion of any required front yard, and no portion of any required exterior side or rear yard of corner lots, and rear yards of double frontage lots, except as hereinafter provided, shall for any period of time in excess of five consecutive days be used for the unenclosed storage of any of the following: (1) Motor vehicles except automobiles in fully operational condition and currently registered and licensed for operation on public highways and in normal daily use by the occupants of the site. (2) Trailers of any kind or make. Camper units detached from the truck or other motor vehicle for which they are designed or customarily used shall be considered trailers for the purpose of this Section. (3) Boats. (4) Parts of any ofthe items of property described in (1), (2) or (3) ofthis subsection. (5) Building or construction materials, except those materials reasonably required for work under construction on the premises pursuant to a valid and effective building permit issued in accord with Chapter 16 of this Code. (6) Trash, garbage or refuse, except as provided by Article 7-05 in Chapter 7 of this Code. Any of the foregoing items of property which have been stored on a site or yard described herein for less than five consecutive days and then removed, shall not again be stored on such site or yard unless in compliance with subsection (c) of this Section or pursuant to a temporary use permit issued pursuant to subsection (d) of this Section. (c) The items of property described in subsection (b) of this Section may be stored in exterior side and rear yards of corner lots and rear yards of double frontage lots for periods in excess of five consecutive days where a fence has been legally constructed of sufficient height and of a type which screens the stored property from public view and reasonably prevents such property from becoming a nuisance. (d) The Community Development Director shall have authority, in cases of practical difficulty or hardship, to grant temporary permits for storage of the items of property described in subsection (b) of this Section in front, side or rear yards of sites for limited periods of time in excess of five consecutive days. Application for such storage permits shall be in writing, on forms furnished by the City, and any permit issued pursuant thereto shall be in writing, shall describe the personal property to be stored, and the location and time limit of the storage. The Community Development Director may impose reasonable conditions in any such storage permit, which shall be agreed to in writing on the face of the permit by the applicant prior to the permit being issued. (e) For purposes of this section, the term "unenclosed storage" means storage of items which are not completely enclosed within a structure or completely screened from .,. public view by a permanent solid fence or wall which structure, fence or wall has been constructed or installed in accordance with Chapter 15 of this Code. (Amended by Ord. 71-156 § 1, 1995) . DESIGN REVIEW ORDINANCE SECTION IS AMENDED TO READ: Ankle 15-45 Design Review: Single-Family Dwelling 15-45.010 Purposes of Article. 15-45.020 Compliance with development standards. 15-45.030 Allowable floor area. 15-45.040 Setbacks. 15-45.045 Creek protection setbacks. 15-45.050 Underlloor clearance. 15-45.055 Residential Design Handbook. 15-45.060 Requirement for design review; public hearing. 15-45.065 Administrative design review. 15-45.070 Application requirements. 15-45.080 Design review £indings. 15-45.085 Off Site Improvements 15-45.090 Expiration of review approval; extension; tolling of time period. 15-45.100 Replacement of destroyed structures. 15-45.110 Appeals to City Council. 15-45.010 Purposes of Article. I t is the policy of the City to review the proposed construction or significant expansion of single-family dwellings and certain accessory structures under circumstances where such structures have the reasonable potential to constitute an invasion of privacy, unreasonable interference with views, light or air, or create adverse impacts upon the aesthetic character of neighboring residential structures. The purpose of this Article is to establish standards and procedures to be followed with respect to the design review of single-family dwellings and certain accessory structures to ensure that new development occurs in a manner, which is consistent with the objectives of this Chapter and the policies of the General Plan. . 15-45.020 Compliance with development standards. No single-family main structure or accessory structure shall be constructed or significantly expanded within any A, R-l, HR, R-OS or R-M district unless the proposed structure or expansion complies with the floor area standards contained in Section 15- 45.030 of this Article and the setback requirements contained in Section 15-45.040 of this Article. In the event of a conflict between the floor area and setback requirements in Article 15-45 and the standards set forth in the R-OS zone district, the more restrictive standard shall govern. For the purposes of this Article, the terms "significantly expanded or "significant expansion" shall mean an expansion exceeding 100 square feet. The Planning Commission shall have authority to grant a variance from such regulations pursuant to Article 15-70 of this Chapter. (Amended by Ord. 71.98 § 10, 1991; Ord. 71.1l3 § 9,1992) . · · · 15-45.030 Allowable floor area. (a) Definition. As used in this Article, the term "allowable floor area" means the maximum gross floor area of the main structure (including any garage constituting a portion thereof), plus any accessory structures. For purposes of calculating allowable floor area, any space with an interior height of fifteen feet or greater shall be doubled. The allowable floor area is based upon the net site area and slope of the lot and the neight of the main structure to be constructed or existing thereon as computed in' accordànce with the provisions of this Section. Net site area shall be calculated in accordance with section 15-06.620 of this Code. (b) Maximum standards. The standards set forth in this Section are intended to be maximum figures and the Planning Commission may, in considering any application, require that the floor area be reduced below the applicable standard if such reduction is necessary in order to make the findings prescribed in Section 15-45.080 ofthis Article. (c) Slope adjustment. If the average slope of the lot is more than ten percent, the net site area of the lot shall be reduced by a percentage amount based upon the average slope and calculated as follows: ". Average Slope of the Lot Percentage ofNa Site ^^ . ~ ~~" ^^- Area to be Deducted 10% plus 2% for ~a¿h 1 percent of slope over 10%* 30% plus 3% for each 1 percent of slope over 20%* 60% 10.01--20% 20.01-- 30% Over 30% *Where the average slope is a fractional number, it shall be rounded up to the next whole number. (d) Floor area standards. After reducing the net site area by the amount required for the slope adjustment under subsection (c) of this Section, if any, the floor area standard for the lot shall be determined in accordance with the table set forth below: Size oILot (Net sit:e Area) Less t:han{OOOsq. ft:. ' .. ....,~ ...~""' . Floor Area Standard """"""""""_"'_'~""'W'W . ,_._ To be determined by Planning Commission 5,000--10,000 sq. ft. ';i,400sq. ft. plus 16Ù i3q. ft:. for each 1,000 sq. ft. of net site area over 5,000 sq. ft* .. . ,,~. ,m .__,>^ 10,001--15,000 sq. ft. 3,200 sq. ph.ls170 sq. ft. for eaêh 1,000 sq. ft. of net site area over 10,000 sq. ft." . 15,001--40,000 sq. ft. 4,050 sq. ft. ph.ls78 sq. ft. for each 1,000 sq. ft. of net site area over 15,000 sq. ft.~ 40,001--80,066 sq. ft. 6,000 sq. plus 20 sq. ft. for each 1,000 sq. ft. of net site area over 40,000 sq. ft:" 6,800 sq. plus 10 sq:ft. foreaêh1,000 sq. ft. of net site area over 80,000 sq. ft." 80,001--200,000 sq. 200,000 + 8,000 sq,ft~¡sthe' maximum ~llowable square footage. "wherèd.l.;;ïs¡onofthenètsite~rè~bYI000 res'Llltsin.~fr.~ct¡onJ n'Llmber the prod.üêt shill be rounded up to the next whole number. (e) Maximum floor area allowed for R-l, HR and A Zone districts. In the Zone Districts listed below the maximum allowable floor area shall be the lesser of the Floor Area Standards or the Maximum Floor Area specified as in the following table: . Zone District Maximum Floor Area R-I--I0,000 R-I--12,500 .'__.~~.__.____"'__~.___.... " . __ _m____.____._______~___.~... R-l--15,000 __ _ ,,_._._.____.m______,.. R-l-- 20,000 R-l--40,000 HR and A 4,400 4,830 5,220 6,000 7,200 8,000 15-45.045 Creek protection setbacks. ( a) Purpose, application. Where a protected creek passes through or along a building site or is otherwise located on the site, and in order to provide for the future protection of creeks, including creek banks and riparian habitat, building setbacks for any new construction shall be measured from the top of the creek bank(s) on the site rather than from the property lines of the site. The required setback shall be the minimum setback prescribed for the applicable zoning district. (b) Existing structures. Any existing structure, which encroaches into the creek protection setbacks, shall be considered nonconforming, and shall be regulated by Article 15-65, Nonconforming Uses and Structures. Any new additions to an existing . structure shall comply with the creek protection setbacks requirements. · · · (c) Accessory structures. Accessory structures may be permitted within a creek protection setbacks subject to compliance with the special rules as set forth in Section 15-80.030 of this Chapter. (d) Location of top of creek bank. The site plans for the proposed new construction shall show the location of the top of the protected creek bank. "Creek bank" means the sides of a watercourse, the top of which shall be the topographic line roughly parallel to stream centerline where the side slopes intersect the plane of ground traversed by the watercourse. Where creek banks do not distinguishably end, the City or 'Santa Clara Valley Water District shall determine the top of such banks. 15-45.050 Underfloor clearance. Each new single-family main structure, accessory structures, or additions thereto, shall be designed to follow the slope of the site so as to reduce the clearance between ground floor levels and natural or finish grade, whichever measurement is greater, to not more than five feet. This does not apply to any decks or balcony above ground floor level (Amended by Ord, 71-106 § 8, 1992; Ord. 71-178 § 3, 1998) " ' 15-45.055 Residential Design Handbook. All projects for the construction or expansion of a single-family main structure or an accessory structure shall be consistent with the policies and implementation techniques described in the City of Saratoga Residential Design Handbook. The Residential Design Handbook embodies and illustrates the intent of the design review findings prescribed in Section 15-45.080 of this Article. A copy of the Residential Design Handbook shall be kept on file and available for public review at the offices of the Community Development Director. The Residential Design Handbook was adopted by the City Council on November 2, 1988. 15-45.060 Requirement for design review; public hearing. (a) In each of the following cases, no building permit shall be issued for the construction, reconstruction or significant expansion of a single-family main structure or accessory structure in any A, R- 1, HR, or R-OS district until such structure has received design review approval by the Planning Commission pursuant to this Article: (1) Any new multi-story main structure or multi-story accessory structure. (2) Any conversion of a single-story structure to a multi-story structure, except where such conversion does not result in any exterior modifications to the existing structure beyond the installation of skylights in the roof. (3) Any new single-story structure or addition to a single story structure over eighteen feet in height. (4) Whenever design review is specifically required under the terms or conditions of any tentative or final subdivision map, use permit, variance or conditional rezoning. (5) Any main structure to be constructed upon a lot having a net site area of less than five thousand square feet. (6) Whenever, as a result of the proposed construction, reconstruction or expansion, the gross floor area of all structures on the site will exceed six thousand square feet. (7) Whenever, in the opinion of the Community Development Director, the construction, reconstruction or significant expansion of a main or accessory structure may be incompatible with the neighborhood, or may create a perception of excessive mass or bulk, or may unreasonably interfere with views or privacy, or may cause excessive damage to the natural environment, or may result in excessive intensification of the use or development of the site. (8) Whenever as a result of reconstruction, replacement or expansion of a single story . structure over eighteen feet in height or multi-story main or accessory structure more than 509'0 of existing exterior walls are removed. The reconstruction of more than 509'0 of the existing exterior walls of a single story structure over eighteen feet in height or a multi-story main structure or an accessory structure shall be processed as new construction and considered a new structure. (b) A public hearing on the application for design review approval under this Article shall be required. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the rime and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the site which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (Amended by Ord. 71.98 § 11, 1991; Ord. 71.113 § 10, 1992; Ord. 7l-179 § 1, 1998) . I5-45.065 Administrative design review. (a) In each of the following cases, no building permit shall be issued for the construction, reconstruction, replacement or significant expansion of a single-family structure or structure in any A, R- I, HR, or R-OS district until such structure has received administrative design review approval by the Community Development Director, pursuant to this Article: (1) New single-story residences and accessory structures greater than 250 square feet in gross floor area. (2) Major additions in size, defined as: (a) The expansion or reconstruction of, 509'0 or more of an existing main or accessory structure. (b) A one hundred square feet or greater addition to or reconstruction of one hundred square feet or more of the second story of a main or accessory structure. (c) The removal and replacement of 50% or more of the exterior walls of a main or accessory structure. The reconstruction of more than 50% of the existing exterior walls of a structure or an accessory structure shall be processed as new construction and considered a new structure. (3) Addition of a basement to an existing structure and enlargement of basements. (b) The application for administrative design review approval shall comply with Section 15-45.070. The Community Development Director shall not grant design review approval unless the findings set forth in Section 15-45.080 have been made. (c) If the Community Development Director intends to approve the application, a "Notice of Intent to Approve" will be mailed to all property owners within 250 feet of the subject property and to others as deemed appropriate. All interested parties will have 15- calendar days from the date of the "Notice of Intent to Approve" in which to review the application and provide written comments to the Community Development Director. The Community Development Director shall approve or deny the application within 15- . e · · · days of the close of the review period and shall mail notice of the decision to the applicant and to any party that has requested a copy of such notice. The Community Development Director's decision is appealable to the Planning Commission within 15- calender days of the Director's decision to approve the application. The Planning Commission at a public hearing will review any appeal. Notwithstanding, Section 15- 45.110 or Section 15-90.020, the decision of the Planning Commission on the appeal shall be final and not subject to appeal to the City Council. ' (d) 1£ the application is not approved by the Community Development Director, then the applicant may file an appeal within 15 calendar days of the Community Development Director's decision or deadline to render a decision and have the application heard by the Planning Conuníssion at a de novo public hearing. .,. 15-45.070 Application requirements. (a) Application for Design Review approval, or Administrative Design Review approval shall be filed with the Community Development Director. The application shall include the following exhibits: (1) Site plan showing property lines, easements and dimensions, all existing and proposed structure setbacks, building envelope, existing and proposed fencing, topography, location of all trees over twelve inches in diameter as measured two feet above grade, and areas of dense vegetation and creeks and creek banks. The site plan shall be oriented with north towards the top of the page. The scale of the drawing shall be clearly noted. The site plan shall be prepared and stamped by a Licensed Land Surveyor or Registered Civil Engineer authorized to conduct surveys. (2) A statement of energy consemng features proposed for rhe project. Such features may include, but are not limited to, use of solar panels for domestic hot water or space heating, or production of electricity, passive solar building design, insulation beyond that required under State law, insulated windows, or solar shading devices, Upon request, the applicant shall submit a solar shade study if determined necessary by the Community Development Director. (3) Architectural elevations of the existing and proposed structures showing exterior materials, roof materials and window treatment. The scale of the elevations shall be clearly noted. (4) Cross sections for all projects located on a hillside lot, together with an aerial photograph of the site if requested by the Community Development Director. The scale of the cross sections shall be clearly noted. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. Disposition of on-site storm water shall be consistent with the provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program requirements. The scale of the grading and drainage plans shall be clearly noted. (6) Floor plans that indicate total gross floor area, determined in accordance with Section 15-06.280 of this Chapter. A small-scale schematic demonstrating how the total floor area was calculated shall be provided. (7) Roof plans which show ridges, valleys and skylights. (8) Landscape plans showing landscape design, plant selection and irrigation design that conforms to the provisions of Article 15-47 of this code and with the provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program requirements. (9) Preliminary title report, not more than six months old, listing all parties having any interest in the property. The preliminary title report shall also show any easements, encumbrances and restrictions, which benefit or burden the property, (10) Such additional exhibits or information as may be required by the Community Development Director in order to allow the City to determine whether the findings set forth in section 15-45.080 can be made. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and eleven reduced sets on sheets eleven inches by seventeen inches in size. (11) A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the Public Works Director. (12) A written statement describing how the proposed project is consistent with the required design review policies and techniques shall be provided at the time of application. (13) The cover or title sheet shall contain a technical data box containing the following information: . (a) Owners name, address and phone number. (b) The General Plan Land Use designation and Zoning of the property. (c) The Assessor's Parcel Number of the property. (d) Gross and net site area of the property. (e) Site coverage, setbacks and floor area. (f) Square footage of proposed new construction (g) Square footage of any structures proposed to be demolished, (14) A written statement verifying that each adjoining landowner and the landowners in general vidnity have been consulted regarding the specific plans for the proposed project and describing the process used for these consultations. b) The application shall be accompanied by the payment of a deposit to cover the cost of processing the application. The amount of the deposit is set by City Council Resolution and may change from time to time. All time and material used to process the application shall be charged against the deposit. If during the processing of such proposed project the deposit amount has been reduced to 20% of the initial deposit amount an additional deposit will be required. If there are funds remaining after the proposed project has been approved the remaining funds shall be returned. . . 15-45.080 Design review findings. Design Review or Aclministrative Design Review approval shall not be granted unless all of the following findings have been made in the affirmative by the reviewing authority: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on rhe site of the proposed main srructure or accessory structure, will avoid unreasonable interference with views and privacy, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community viewsheds (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing sttuctures to follow the natural contours of the site and _ minimizing tree and soil removal; grade changes will be minimized and will be in .. · · · keeping with the general appearance of neighboring developed areas and undeveloped areas. (c) Minimize perception of excessive bulk. The proposed main structure or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. (d) Compatible bulk and height. The proposed main structure or accessory structure will be compatible in terms of bulk and height with (i) existing residential structurès on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (íí) the natural environment; and shall not (i) unreasonably impair the light and/or air of adjacent properties nor (íí) unreasonably impair the ability of adjacent properties to utilize solar energy. (e) Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards adopted by the City and/or imposed by the Santa Clara Valley Urban Runoff Pollution Prevention Program. (f) Design policies and techniques. The proposed main structure or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055. (Amended by Ord. 71.99 § 27, 1991) 15-45.085 Off Site Improvements. The findings specified in section 15-45.080 may be made subject to conditions reasonably related to the project and to the findings required for approval. Conditions may include, but are not limited to, the following: (a) Construction or repair of curb, gutters and sidewalks. (b) Water or sewer main extensions. (c) Storm drain installation. (d) Dedication of property or easements for utilities, street lighting, public right-of- way, trails, etc. (e) Installation of street trees. (f) Completion of street widening paving to property line. (g) Repair or reconstruction of street paving prior to the issuance of a certificate of occupancy. (h) Undergrounding of existing overhead utility lines from closest exiting distribution pole to the new structure. (i) Improvements to water delivery systems as required by the Fire District or Water Company to ensure both adequate domestic and fire flow. (j) Installation of fire hydrants as required by the Fire District 15-45.090 Expiration of Design Review approval; extension; tolling of time period. (a) Each design review approvals granted pursuant to this Article shall expire thirty-six months from the date on which the approval became effective, unless prior to suchexpiration date a building permit is issued and construction commenced. If such building permit expires, and the Building Official does not renew the building permit within ISO-days after expiration, the Design Review approval shall expire. . (b) A design review approvals may be extended for a period of twelve by the Community . Development Director. Any application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. Extension of design review approval is not a matter of right and the approving authority may deny the application or grant the application subject to conditions. Neither the period of time specified in subsection (a) of this Section nor any extension period shall include the period of time during which a lawsuit involving the approval or conditional approval of the design review is or was pending in a court of competent jurisdiction. (c) A design review approvals in conjunction with an approved tentative subdivision map or approved use permit, or both, may be extended for a period or periods of time not to exceed the time authorized under section 14-20.0S0(b) or Section 15-55.090(b) of this Code, respectively. The application for extension shall be filed in the manner prescribed in, and shall be reviewed in accordance with the standards set forth in, Section 14- 20.0S0(b) or Section 15-55.090(b) of this Code, respectively. (Amended by Ord. 71-119 § 1 (part),1993) 15-45.IlO Appeals to City Council. Except as otherwise specified in this Article, a decision or determination made by the Planning Commission under this Article may be appealed to the Oty Council in . accordance with the procedure set forth in Article 15-90 of this Chapter. VARIOUS INDIVIDUAL SECTIONS OF THE SUBDIVISION ORDINANCE ARE AMENDED TO READ: 14-05.020 Purposes of Chapter. The purposes of this Chapter shall be to promote and protect the public health, safety and general welfare, including the following more specific purposes: (a) To regulate and control the division of land and the development of single undivided sites within the City. (b) To implement and supplement the provisions of the State Subdivision Map Act with respect to the design and improvement of subdivisions, the form and content of maps, and the procedures to be followed in securing approval by the City of such maps. (c) To promote orderly growth and development, preservation of open space, and proper use of land. (d) To provide for adequate services and public facilities and proper traffic circulation. (e) To implement the goals and policies of the City's General Plan and any applicable specific plan, 14-05.030 Conformity with General Plan and Zoning Ordinance. . e e . (a) Nothing contained in this Chapter, nor any act or forbearance done or permitted hereunder, shall waive or relieve compliance with any other ordinance of the City. Neither final map approval shall be granted for any lot, site or subdivision which is not in conformity with the Zoning Ordinance as contained in Chapter 15 of this Code, or which has been or is created in violation of such Zoning Ordinance, or which is not consistent with the General Plan or any applicable specific plan, or for any intended use which would not be in conformity with the district regulations in which said lot, site or subdivision lies at the time of final approval. . . (b) The advisory agency may, but need not, tentatively approve a map for lot sizes or uses contrary to existing zoning regulations governing the lot, site or subdivision, in contemplation of a change in zoning regulations to make such lots or uses conform therewith, but only after recommending such change to the City Council after public hearing thereon in accord with the Zoning Ordinance, and so long as it is still consistent with the General Plan and any applicable specific plan. Any such tentative approval shall be at the sole risk of the subdivider or owner, and shall not become binding on the City for any purpose unless and until such change in zoning regulations is legally and finally adopted, ". 14-05.040 Designation of advisory agency. (a) The Planning Commission is hereby designated as the advisory agency for all decisions and determinations under this Chapter. (b) There is hereby delegared to the advisory agency the power to approve, conditionally approve or disapprove tentative maps, together with extensions and modifications thereof, the power to determine consistency or lack of consistency of a proposed tentative map with the General Plan and any applicable specific plan, and without limiting the foregoing, the power to make the determinations prescribed in Sections 66473.5,66474 and 66474.6 of the Subdivision Map Act. 14-05.050 Fees and deposits. (a) Each applicant for any approval or other action pursuant to this Chapter shall pay to the City such fees and deposits as established from time to time by resolution of the City Council, including, but not limited to the following: (1) Filing fee for the processing and review of the application. (2) Deposit for the cost of noticing any public hearing to be conducted. (3) Environmental assessment fee and deposit for the cost of an environmental impact report, if required. (4) Public health service fee. (5) Administrative fee and deposit for the cost of geological analysis, if required. (6) Improvement plan checking fee. (7) Inspection fee, (8) Map checking fee. (9) Storm drainage fee, if applicable. (10) Park and recreation fee, if applicable. (11) Street light service and energy fee, if applicable. A (12) Fire hydrant service fee, if applicable. _ (13) Recording fees. Such fees and deposits or portions thereof shall be paid at the time or times specified in . the resolution of the City Council, or if not so specified, at the time or times as determined by the Community Development Director. The Applicant shall also pay to the City, at such time as specified by the Community Development Director any fees and costs as may be charged by other public agencies for the review of any application, drawing, plan or other document submitted pursuant to this Chapter which is furnished by the City to such other agencies for comment or approval. 14-05.060 Exclusions from Chapter. This Chapter shall not apply to any of the following: (a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings or mobile home parks, or the financing or leasing of existing separate commercial or industrial buildings on a single site. (b) Mineral, oil or gas leases. (c) Land dedicated for cemetery purposes underthe State Health and Safety Code. (d) The construction, financing or leasing of a second unit for which a use permit is granted pursuant to Article 15-56 of the Zoning Ordinance, but this Chapter shall be A applicable to the sale or other transfer of ownership of such units where the sale or _ transfer does not include the entire site upon which the second unit is located. (e) Short term leases, terminable by either party on not more than thirty days notice in writing, of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the State Public Utilities Code. (f) Any division, conveyance, development, financing or leasing of land by the Ciry, (g) Land conveyed to or from a governmental agency, public entiry (other than the Ciry) or public utility, or land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-aI-way, unless it is determined by the Community Development Director that the public interest or public policy requires the application of this Chapter to such conveyance. 14-10.020 Advisory agency. "Advisory agency" means the official body charged with the duty of making investigations and reports on proposed subdivisions, imposing requirements or conditions thereon, and having the authoriry to grant or deny tentative subdivision approval. The advisory agency shall be the Planning Commission, as designated in Section 14-05.040 of this Chapter. 14-10.090 Final map. e · "Final map" means a map showing a subdivision for which a tentative and final map is required by the Map Act or this Chapter, prepared and approved in accordance with the provisions of the Map Act and this Chapter and designed to be' recorded in the office of the County Recorder. 14-10.330 Tentative map; vesting tentative map. (a)Tentative map means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. 14-15.030 Building and grading permits. No building or grading permit shall be issued for construction of improvements upon any site for which a subdivision map approval is required under this Chapter, until an approved final map has been filed for record with the County Recorder. 14-15.040 Certificates of occupancy. · No final certificate of occupancy shall be issued until all streets, curbs, gutters, utility services, sewer and storm drain facilities and other subdivision or site improvements as required by the tentative map approval, are installed and completed to the satisfaction of the City Engineer and the Community Development Director. 14- 20.010 Application of Article. The procedures and requirements set forth in this Article shall apply to all applications for tentative subdivision map approval. 14- 20.020 Preliminary geologic report. The Community Development Director may require the applicant to submit a preliminary geologic and soils investigation report on the site, prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics, prior to the acceptance of any application for tentative map approval for a hillside subdivision or for a hillside lot or in any other case where the Community Development Director deems such report to be necessary or appropriate. The geologic and soils report shall fully and clearly present: 14- 20.030 Filing application for tentative approval. · Applications for tentative subdivision map approval shall be filed with the Community Development Director on such forms as he or she may prescribe. The Community Development Director shall examine the application and the documents submitted therewith, and shall not accept the same until all of the requirements of this Article with respect to the form, content and number of maps, information to be furnished and documents to be submitted with the application have been fully satisfied and all fees and costs due and payable at the time of filing the application have been paid in full. The time of filing the application shall be the date on which the application is accepted by the Community Development Director as being complete. e 14-20.040 Contents of application. Eighteen copies of the proposed tentative subdivision map shall be submitted to the Community Development Director. Additional copies may be required for transmittal to the designated official of any adjoining local agency, which has requested the same as provided in the Map Act. In the event the State Department of Transportation has filed the requisite map with the City relating to existing or proposed State highway routes upon which it believes subdivisions would have an effect and the property is located within the area covered by such map, two adclitional copies of the tentative map shall also be filed, which shall be transmitted by the advisory agency to the clistrict office of such Department with a statement that the advisory agency will consider any recommendation of said Department made within fifteen days after receipt by it of said copies of the map. The tentative map shall be clearly and legibly drawn by a registered civil engineer or licensed land surveyor. It shall have a climensjon of not less than eighteen inches by twenty-six inches, and the scale shall be as follows: One inch shall be equal to twenty feet for a subdivision of two or less acres; one inch shall be equal to fifty feet for a subdivision of two acres through twenty acres; and one inch shall be equal to one hundred feet for all subdivisions over twenty acres in area. The tentative map shall contain, or be accompanied by, the following information: (a)The name of any existing recorded map applicable to the subdivision, the date of recorcling such map, and the book and page of the official records where such map is recorded. (w) A preliminary geologic and soils report as described in Section 14-20.020 of this Article, unless such report has already been furnished prior to the filing of the applicatjon; provided, however, where the average slope of the proposed subclivision does not exceed ten percent, the Community Development Director may require such report to be submitted with the improvement plans for the subclivision or site as part of the application for builcling permit; and provided, further, that the Community Development Director may waive the requirement of a preliminary geologic report if he or she determines that, due to the available knowledge of the City as to the soil qualities of the site, no such preliminary geologic report is necessary. z) When requested by the Community Development Director, a scale drawing of the sUfrouncling area for a distance of at least five hundred feet from each boundary of the proposed subclivision or building site, inclicating the names and last known addresses of the owners of all property located within five hundred feet of such boundaries, as shown the latest available assessment roll of the County. In addition to the foregoing, the Community Development Director may require the applicant to submit such additional maps, documents, information and materials as the e e · · · Community Development Director deems necessaty for the review, processing and evaluation of the proposed tentative map approval. If any such additional maps, documents, information or materials are required, the Director shall so advise the applicant in writing within thirty days from the filing of the application 14- 20.050 Distribution for review; departmental reports. (a) Distribution. Upon receipt of the application and acceptance thereof as being complete, the Community Development Director shall distribute the map or site drawing and accompanying documents to the following persons and agencies: (b) Departmental reports. Upon receipt of the map or drawing and other documents, each of said persons and agencies shall make an investigation and written report to the advisory agency, setting forth any recommended conditions. The Community Development Director shall also cause a written staff report to be prepared and submitted to the advisory agency and shall furnish the applicant with a copy of such report not later than three days prior to any hearing on the application to be conducted by the advisory agency. The reports referred to herein shall include, but need not be limited to, the following: 14- 20.060 Public hearing by advisory agency; notice. The advisory agency shall conduct a public hearing on the application for .tentative subdivision approval. Notice of the hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the subdivision or site which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. 14- 20.070 Action by advisory agency; findings. (a) Within fifty days after the application is accepted as complete, unless such time is extended by mutual consent of the advisory agency and the applicant, the advisory agency shall approve, conditionally approve or disapprove the application for tentative map approval, and shall report such action to the applicant. A copy of said report shall be kept on file in the City offices for a period of not less than five years, and in all events, until final acceptance of construction of improvements and the termination of the applicant's responsibility to maintain such improvements. 14- 20.080 Expiration of tentative approval; extensions. (a) An approved or conditionally approved tentative subdivision map approval shall expire twenty-four months from the date on which the advisory agency, or the City Council on appeal, granted its approval or conditional approval. (b) An extension of the expiration date may be granted by the advisory agency for a period or periods of time not exceeding thirty-six months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. A public hearing shall be conducted on the request for extension and notice thereof shall be given in the same manner as prescribed in Section 14-20.060 of this Article. Extension of tentative map approval is not a matter of right and the advisory agency may deny the application. . 14- 25.070 Preservation of existing trees. (a) No native, ornamental or orchard trees required to be shown on the application for tentative map approval under Subsection 14-20.040(v) of this Chapter shall be removed or destroyed wjthout a prior permit to do so issued by the Community Development Director pursuant to Article IS-50 of the Zoning Ordinance, unless such removal is specifically authorized as part of the tentative approval granted under this Chapter. No such trees may be removed or destroyed prior to the filing of an application for tentative map approval with the intent of circumventing the requirements of this Chapter. (b) The advisory agency may deny approval of any application for tentative map er approval, and revoke any previous such approval, upon the violation of this Section by the subdivider or owner. (c) The approval of a tentative map by the advisory agency shall automatically constitute authorization to remove all trees within all portions of street rights-of-way which are to be improved, and to remove trees from the area as designated by the subdivider or owner to be covered by the envelope of the proposed sttucture or structures to be erected on the lot or site, and the area of the proposed driveway on the lot or site. . 14- 25.080 Park and recreation dedication and fees. (a) Purpose, application and exemptions. As a condition of each final map approval, and to be detailed in the conditions of tentative map, every subdivider or owner shall be required to, and shall dedicate a portion of land or pay a fee in lieu thereof, or a combination of both at the option of the City, for the purpose of providing park or recreational facilities reasonably related to serving the development and in accord with the standards and provisions as hereafter set forth. The provisions of this Section are enacted pursuant to Section 66477 of the Government Code and are hereby found to be in accord with the recreational element of the General Plan. The requirements of this Section shall not apply to any of the following: c) Fees jn lieu of land dedicatjon. In the event there is no park or recreational faciliry . designated in the recreational element of the General Plan to be located in whole or in · · · part within the proposed subclivision or site, or in the event that the proposed subdivision contains fifty or less lots or parcels, then the subdivider or owner shall pay a fee to the City in lieu of declicating land, which shall be in an amount equal to the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Paragraph (b) of this Section. "fair market value", as used herein, shall be either the average estimated fair market value for all residentially zoned real property located in the City, or the fair market value of the land in the subclivision or site, based upon its then assessed value modified to equal market value in accord with the current practices of the County assessor and as determined by the, Community Development Director whichever shall be the greater. (f) Property not included in General Plan. Where the proposed subdivision lies within an urban service area not yet shown and delineated on the General Plan of the City, by reason of it not having been a part of the City at the time of the adoption of the General Plan, but intended to be included within the General Plan, the subclivider or owner shall declicate land, or pay a fee in lieu thereof, or both, in accord with the adopted park and recreational policies and standards of the General Plan and the provisions of this Section, and whether land dedication, or fee in lieu thereof, or a combination of both shall be required, shall be determined upon consideration of the following: 14- 25.090 Reservations. (a) Requirement for reservation of land. As a condition for tentative map approval, the advisory agency may require the subclivider or owner to reserve an area or areas within the subdivision or site for parks, recreational facilities, fire stations, libraries or other public uses, according to the standards and conditions set forth in this Section. (c) Contract with City. At the time of final map approval, the City shall enter into a bincling agreement to acquire the reserved land within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value of the reserved land at the time of filing the application for tentative map approval, plus taxes against the reserved land from the date of the reservation and any other costs incurred by the subdivider or owner in the maintenance of the reserved land, inclucling interest costs incurred on any loan covering the reserved land. (e) Other authority not limited. The authority of the City under this Section is adclitional to all other authority under this Chapter, or granted by law to local agencies, relating to subclivisions approvals and shall in no way be construed as a limitation on or diminution of any such authority 14- 25.100 Site development plan. (a) Site development plan required. At the time of filing an application for tentative map approval for a hillside subdivision, or any subdivision containing a hillside lot, the applicant shall also submit a site development plan for the subclivision or lot. In addition, the Community Development Director or the advisory agency may require a site development plan to be furnished for any commercial or multi-family project or because of the peculiarity of the terrain or changes in grade or other circumstances relating to the site or the surrounding area although the average slope of the subdivision, lot or site does not exceed ten percent. (b) Form and content of site development plan. The site development plan may be incorporated into and constitute a part of the tentative map or drawing, or it may be submitted as a separate document. The site development plan shall include the following: (1) A legible site plan showing any or all of the following information, as may be required by the Community Development Director existing and proposed location of all streets, sidewalks, on-street and off-street parking, bicycle paths, riding trails, hiking trails, buildings and other man-made structures; areas of soil stability; planting; typical architectural elevations sufficient to show building height, materials, colors and general design; and a table listing land coverages by percentage and acreage for the following: Open space (landscaped and natural), coverage by principal and accessory structures, parking (covered, uncovered, off-street), streets, sidewalks, paths and recreational facilities. (c) Approval of site development plan. Where a site development plan is required to be filed in accord with this Section, no tentative subdivision map approval shall be granted by the advisory agency until tentative approval thereby of the site development plan, which approval may be prior to or simultaneously with the approval of the tentative map. At or prior to the filing of the final map with the City for approval, a final site development plan shall be prepared and filed with the Community Development Director substantially in accord with the approved tentative site development plan, Where a site development plan is required to be filed in accord with this Section, no final subdivision map approval shall be granted by the City Council unless and until the final site development plan is submitted to the Community Development Director and approved by said Director. Notwithstanding the foregoing, if in the opinion of the advisory agency it would be preferable to postpone that portion of the site development plan which would consist of the final grading plan at the location of each building site, the same may be postpol1ed so long as a notation of such postponement is placed upon the face of the final subdivision or parcel map, in which case no building permit may be issued for any site unless and until a subsequent final grading plan is submitted to and approved by the advisory agency. . . 14- 25.110 Early warning fire alarm system. (b)Residential structures. As a condition for tentative map under this Chapter, the advisory agency shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to the digital alarm communicator receiver maintained by the Saratoga Fire District, in each of the following cases: (c) Commercial structures and community facilities. When so required by the Chief of . the Fire District having jurisdiction over the project, the advisory agency shall impose as · · · a condition fot tentative map approval under this Chapter, the installation of an early warning fite alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to the digital alarm· communicator receivet maintained by the Saratoga Fire District, in new commercial structures or community facilities, or an existing commercial structure Ot community facility which is expanded by fifty percent or more in gross floot area. As used herein, the tenn "commercial structure" includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the tenn "community facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. In determining whether to require installation of such system, the Fire Chief shall be guided by the following considetations: ". 14- 30.030 Storm water and sewage. (d) Sanitary sewers. The subdivider or owner shall connect the subdivision and each of the lots thereof or the building site to the facilities of such sanitation or sanitary district as has jurisdiction, bY' the installation of such additional mains and laterals as is necessary in the opinion of the Health Officer to adequately sewer the same by sanitary sewers, In the event the subdivision or the building site or any part thereof is not within the boundaries of a sanitation or sanitary district, the advisory agency may require annexation to or otherwise inclusion in such a district as a condition of tentative map approvaL Sanitary sewers shall be installed to grades, standards, location, design, lengths and sizes, as approved by the sanitation engineer for the district having jurisdiction, and in accord with all laws and regulations of said district. Other than as might be pennitted under Article 14-35 of this Chapter, disposal of sanitary sewage may not be by septic tank methods, or any other method other than by connection to a sanitary sewer system. 14- 30.060 Trees. The subdivider or owner shall plant trees on each lot or site and maintain them for a minimum of one year after planting. All such trees shall be of a number, variety and type as detennined or approved by the advisory agency, which may delegate such authority in any particular instance to the Community Development Director. Any such trees, which may be planted in a street right-of-way, shall constitute encroachments subject to removal in accordance with Article 10-20 in Chapter 10 of this Code. 14-50.010 Application. Application for a lot line adjustment shall be filed with the Community Development Director on such fonn, as he or she shall prescribe. The application shall be signed by the owners of all properties, which are the subject of the proposed lot line adjustment. The Community Development Director shall examine the application and shall not accept the same until all of the requirements of this Article with respect to the form and content of the application and the documents to be submitted therewith have been fully satisfied and all fees and costs due and payable at the time of filing the application have been paid in full. The time of filing the application shall be the date on which the application is accepted by the Community Development Director as being complete. . 14-50.020 Contents of application. (m) In addition to the foregoing, the Community Development Director may require the applicant to submit such additional documents, information and materials as the Director deems necessary for the review, processing and evaluation of the proposed lot line adjustment. If any such additional documents, information or materials are required, the Director shall so advise the applicant in writing within thirty days from the filing of the application. 14-50.030 Investigation and report by Community Development Director. (a) The Community Development Director may transmit a copy of the application to such persons and agencies as he or she may deem appropriate for review and recommendations thereon, including, but not limited to, the Health Officer, the Santa Clara Valley Water District, the sanitation and fire districts having jurisdiction, and any utility companies. (b) Upon receipt of any recommendations from the persons and agencies referred to in subsection (a) of this Section and completion of his own review and analysis of the application, the Community Development Director shall cause a written staff report to be prepared and submitted to the advisory agency and shall furnish the applicant with a copy of such report not later than three days prior to the date on which the application is first considered by the advisoty agency. . 14-60.010 Improvement agreement. Prior to the commencement of any improvement work, the owner of the subdivision or building site shall enter into a written agreement with the City, which shall contain the following provisions: (a) That all improvements will be constructed in accordance with the plans and specifications as previously approved by the City Engineer, and will be satisfactorily completed within one year from the date of final subdivision approval (or such other date as may be specified in the agreement). (g) Such other terms, covenants, conditions or provisions as the City Council, the City Engineer or the Community Development Director may deem necessary or appropriate. . . e . 14-65.020 Notice of intended merger. Whenever the Community Development Director believes that a parcel or unit of land may satisfy the requirements set forth in Section 14-65.010 and ought to be merged, or whenever the Planning Commission or the City Council makes such determination and instructs the Community Development Director to initiate proceedings under this Article, the Director shall cause to be mailed by certified mail to the then current owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to the standards of this Article, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record in the office of the County Recorder on the date such notice is mailed to the property owner. 14-65.030 Request for hearing; notice. At any time within thirty days after recording the notice of intention to determine status, the owner of the affected property may file with the Community Development Director a request for a hearing on determination of status. Upon receiving such request, the Director shall fix a time, date and place for a hearing to be conducted by the Planning Commission and shall so notify the property owner by certified mail. The hearing shall be conducted not less than sixty days following the Director's receipt of the . property owner's request therefor, but may be postponed or continued with the mutual consent of the Planning Commission and the property owner. 14-70.020 Form of petition; fee. (a) The petition shall be filed with the Community Development Director on such form as he or she may prescribe and shall contain or be accompanied by the following information: (l) Adequate evidence of title to the real property within the subdivision. (2) Sufficient data to enable the City Council to make all of the determinations and findings required by this Article. (3) A final map, which delineates dedications, which will not be vacated, and dedications, which are a condition to reversion. (4) Such other pertinent information as may be required by the Community Development Directoror the City Council. (b) The petition shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit for the cost of noticing the public hearing required under Section 14-70.030 of this Article. 14-75.030 Vacancy surplus required. . (b) Prior to submitting the application for tentative map approval for a conversion to community housing, the applicant shall furnish to the Community Development Director . a current survey of all existing rental apartments and community housing units in the City, showing the vacancy rate. The form and content of the survey shall be subject to approval by the Director. The Director shall not accept the application unless the survey, as approved by the Director, establishes the existence of a vacancy surplus as required by this Article. 14-80.020 Rights of vesting tentative map; expiration and extension. (a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies and standards of the City in effect as of the time the application for tentative map approval was determined by the Community Development Director to be complete; provided, however, in the event Section 66474.2 of the Government Code is repealed, such approval shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved. e 14-90.010 Duty to enforce. (b) Other than as set forth in Paragraph (a) of this Section, the Community Development Director shall have the duty and responsibility to enforce the provisions of this Chapter. For this purpose, he or she may call upon the Community Service Officers to issue citations and upon the City Attorney to prosecute criminal proceedings and to institute civil proceedings to enforce this Chapter. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. . · · · Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 16 day of July, 2003, and was adopted by the following vote following a second reading on the 6 day of August, 2003: . . AYES: NOES: ABSENT: ABSTAIN: ". . SARATOGA CITY COUNCIL ORIGINATING DEPT: Public Works PREPARED BY: Morgan Kessler @ 2~ CITY MANAGER: ¿;?J~¿ DEPTHEAD: ~ QQJ7~ MEETING DATE: August 6th, 2003 AGENDA ITEM: .,. SUBJECT: Azule Park Project-Notice of Completion RECOMMENDED ACTlON(S): Move to accept the Azule Park Project as complete and authorize staff to record the Notice of Completion for the construction contract. REPORT SUMMARY: . All work for the Azule Park Project has been completed by the city's contractor, Duran Paving, Inc., and has been inspected by Public Work's staff. The original construction contract amount was increased $25,000.00 by Council on December 4, 2002 to incorporate work associated with the Blue Hills School NTMP. The contract amounts are summarized as follows: Original Azule Park Contract Amount: Azule Park Change Order Authorization: Blue Hills School NTMP Change Order Amount: $679,615.81 $30,000.00 $25,000.00 Final Billing for Azule Park: Final Billing for Blue Hills NTMP: $686,196.11 $24,438.29 The final construction contract amount for the original park project was $686,196.11, which was $6580.30 above the original awarded contract amount of $679,615.81, which is within the $30,000.00 change order authority authorized by Council. The change order expenditures were for quantity deviations in various bid items. The final Blue Hills NTMP billing was $24,438.29, which is $561.71 below the change order amount for this work. In order to close out the construction contract and begin the one-year maintenance/warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day Stop Notice for the filing of claims by . subcontractors or material providers may commence, FISCAL IMPACTS: This project has been paid for through Azule Park Project CJP funding. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as compJete. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contracts and reJease the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. Notice of Completion for the Azule Park Project. 20f3 " . . . ... '. · SARATOGA CITY COUNCIL MEETING DATE: Spptpmhpr~, 200~ 26 CITY MANAGER: þ? ~é?/ ~-O~ ~~- ., . AGENDA ITEM: ORIGINATING DEPT: Pnhlk Works PREPARED BY: Mor1?an KPsslpr@DEPTHEAD: SUBJECT: 2003 Pavement Maintenance Program - A ward of Construction Contract RECOMMENDED ACTION: 1. Move to declare Valley Slurry Seal Co. to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Valley Slurry Seal Co. in the amount of $70,791.28. · 3. Approve additional work to contract in the amount of$50,000.00. 4. Move to authorize staff to execute change orders to the contract up to $10,000.00. · REPORT SUMMARY: Sealed bids for the 2003 Pavement Maintenance Program were opened on Tuesday, August 5th. A total of two contractors submitted bids and a summary of the bids received is attached (Attachment I). Valley Slurry Seal Co. submitted the lowest bid of $70,791.28, which is 48% below the Engineer's Estimate of$135,037.00. Bid amounts came in unexpectedly low, which can be attributed to current slurry material prices that appear to be down approximately 2/3 from last year. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated August 5th, 2003. Staff recommends incorporating additional work into the contract in the amount of $50,000.00, because of the favorable bids received (see Attachment 2). This will allow for the slurry seal and re-striping of additional City streets per the recommendations of the City's adopted Pavement Management Program. The scope of work includes furnishing all materials, equipment, and labor to seal and re-stripe segments of public roadway at various locations throughout the City (see attached location map). This sealing operation greatly improves the condition of road segments having a PCl of 65-75, bringing them up to a PCl of 1 00 (pavement Condition Index, PCl, is a numericaJ grading system ranging from 0 to 100 with 100 being the best). .... / It is therefore recommended that Valley Slurry Seal Co. be the lowest responsible bidder on the project, and award the attached construction contract (Attachment 2) to this firm in the amount of . their bid. Further, it is recommended that the Council authorize staffto execute change orders to the contract up to an amount of$10,000.OO to cover any unforeseen circumstances and address additional work, which may arise during the course ofthe project. FISCAL IMPACTS: Funding for this work is programmed in the adopted budget, and contains sufficient funds to cover the contract and recommended change order amounts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Valley Slurry Seal Co. will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding the project due to the competitive nature of the current bids received. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as soon as possible, and be completed by within 30 working days. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Bid Summary. 2. Proposed additional work 3. 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( ) o ():J o OJ e: c. ::+ ;;. " A gw () -. - ......D. q; . E,CÞ @' - e 00 CD ~ ~ "" UI Q) '" "" '" .þ. Q) .þ. ~ r Q) "" UI_ CD '" W 00 Q) UI W ~ 0 '" UI ~ W -oJ - UI UI UI 0 Q) -oJ Q) 00 .þ. 0 .þ. .þ. UI 0'" ~ '" '" '" '" '" '" '" '" '" '" '" '" '" ",::E '" .þ. .þ. '" '" "" "" "" '" 0 -oJ "" N w~ "- ;0 OJ 0. '" '" '" ¡:. UI 0 0 en - ~ "- m :;¡ c. m :;¡ c. m :;¡ c. o OJ CD 3 OJ ~ o :J 15' e: ct ¿¡." c.CJ ~ 3 o 1;' CI) N '" .þ. .þ. ~ '" '" 00 '" ~ ~ '" ~ .þ. OJ ~ .þ. '" UI CD N Q) CD UI ~ '" UI '" "'- 00 Q) Q) .þ. UI CD ~ 00 CD Q) '" "" N en 00 "" 0 CD 00 0 UI Q) ~ .þ. N .þ. -oJ Q)-!' '< 0. ::¡" "- e <t ~ . . '" m :;¡ c. m :;¡ c. m....¡ 6-0 ,~ e Slurry Seal Date: SARATOGA PAVEMENT MANAGEMENT PROGRAM Program Year: 2003 Ref. No. Street From To L(ft.) W(ft.) Radius (ft.) Area (sq.yd.) 1 Camino Barco Allendale End 1192 30 3973 2 GJen Arbor Cox End 129 26 30 , 687 3 Ferncrest Aspesi End 208 27 30 938 4 Granite Crisp End 500 28 30 1870 5 lone Cox End 134 26 35 815 6 Uka Cox End 136 26 35 820 7 Kenosha Douglass End 875 23 40 2795 8 McCartysville Sumner End 696 31 34 2801 Place 9 Sierra Oaks Allendale End 540 30 30 2114 10 Titus Court Titus End 284 28 33 1264 11 Tricia Way Regan End 801 30 36 3122 12 Woodmont Cox Pierce 519 37 2134 13 Verba Santa Allendale End 310 30 41 1620 14 Riverdale Aspesi End 493 33 40 2366 ". e e ~ .....) f'\ ~ I.." , SARA TOGA CITY COUNCIL . MEETING DATE: September 3, 2003 2jl CITY MANAGER: ê/J~ DEPT HEAD~"'~Y\(jw AGENDA ITEM: ORIGINATING DEPT: City Manager's Office PREPARED BY: Lorie Tinfow SUBJECT: Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority RECOMMENDED ACTIONS: Approve and authorize the City Manager to sign the attached Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority(SV ACA). REPORT SUMMARY: The JPA agreement language must be changed to reflect the withdrawal of the City of Sunnyvale from the JPA member agencies. In reviewing the JP A provisions, a number of additional changes were approved by the Board as well; some of the more substantial follow: . · Quorum criteria reflects new voting protocol · V ote methodology has been changed to allow each City to have at least one vote · Reimbursement of assets to any agency upon withdrawal · Language added to cover a possible bond issue for shelter purchase or construction The attached amendment was reviewed at SV ACA's June Board meeting, and approved at their July meeting. Each City must now approve the agreement in order for it to become the new agreement under which the SV ACA Board wilJ operate. ALTERNATIVE ACTIONS: Choose not to approve the agreement. FOLLOW UP ACTIONS: Staff will transport the executed amendment to the Silicon Valley Animal Control Authority Board. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additiortal. . ATTACHMENT: · Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority .' SECOND RESTATED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT: CREATING THE SILICON VALLEY ANIMAL CONTROL AUTHORITY . THIS AGREEMENT is made and entered into as ofthe Effective Date (set forth in Section 2.3) by and among the Member Agencies (defined in Section 1.12 below) signatory hereto, each of which is a pubJic entityduly organized and existing under the Constitution and other Jaws of the State of California. RECITALS: ". The following Recitals are a substantive portion of this Agreement: WHEREAS, Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing at Section 6500) authorizes the Member Agencies to enter into an agreement for the joint exercise of any power common to them and, by that agreement, create an entity that is separate from each of the Member Agencies; and WHEREAS, each of the Member Agencies possess the power to provide for the Animal Control Services (defined in Section 1.3), including animal field services, animal shelter services, and dead animal services within their respective Jurisdictional Area (defined in Section 1 A herein below); and WHEREAS, the Member Agencies possess the authority to issue bonds, expend bond proceeds, and borrow and Joan money for certain public purposes pursuant to the Government Code of the State of Cali fomi a; and . WHEREAS, this Agreement is an appropriate means through which the Member Agencies may provide the Animal Control Services because the Jurisdictional Areas ofthe Member Agencies are in close proximity to one another and are susceptible of being served by the Animal Control Services and related Joint Facilities (defined in Section 1.10) under common administration and management and with the same equipment, resources and personnel; and WHEREAS, the Member Agimcies desire to share their animal control expertise and to optimize their expenditures in connection with the provision of the Animal Control Services and related Joint Facilities; and WHEREAS, the separate provision, management and administration of the Animal Control Services and related Joint Facilities in each Jurisdictional Area by each of the respective Member Agencies and using separate facilities, resources and personnel may result in duplication of effort, inefficiencies in administration and excessive costs, all of which, in the judgment of the Member Agencies, can be eliminated or substantially reduced, all to the substantial advantage and benefit of the citizens and taxpayers of all of the Member Agencies, if the provision of the Animal Control Services and the administration and management of the related Joint Facilities employing common equipment, resources and personnel, were to be performed by and through a single public entity and . the creation of such a single public entity is the purpose of this Agreement; Second Restated and Amended Joint Exercise of Powers Agreement - Silicon VaJJey Anima] Control Authority August 8, 2003 Page 1 of20 , e e e NOW, THEREFORE, FORAND IN CONSIDERATION OFTHE FACTS STATED ABOVE, THE MUTUAL ADVANTAGES TO BE DERIVED, AND THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED BY AND AMONG THE MEMBER AGENCIES HERETO AS FOLLOWS: ARTICLE I DEFINITIONS Section 1. Unless the context otherwise requires, the words and terms defined in this Article shall have the meanings specified. Section 1.1. Act. "Act" means Article 1, Article 2, Article 3, and Article 4 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code, as it may be amended from time to time. Section 1.2. Agreement. "Agreement" means this joint exercise of powers agreement as it now exists or as it may from time to time be amended, supplemented or as it may be modified by the addition of signatory parties or by any other supplemental agreement or amendment entered into pursuant to the provisions of this Agreement. Section 1.3. Animal Control Services. "Animal Control Services" means those services enumerated on "Exhibit A," entitled "Animal Control Services," attached hereto and incorporated herein by this reference. Section 1.4. Area. "Area" and "Jurisdictional Area" mean that area within the respective jurisdictions of the Member Agencies. Section 1.5. Authoritv. "Authority" means the Silicon Valley Animal Control Authority created pursuant to this Agreement. Section 1.6. Board of Directors. "Board of Directors" means the governing board of the Authority referred to in Section 1.5 and more particularly described in Section 2.5 herein below. "Director" means an individual member of the Board of Directors. Section 1.7. Bond Law. "Bond Law" means Article 4 of Chapter 5 of Division 7 of Title 1 of the California Government Code, as the same may have been or may hereinafter be amended from time to time, or any other law hereafter legally available for use by the Authority in the authorization and issuance of bonds to finance needed public facilities. "Bonds" means any bonds issued pursuant to Bond Law. Section 1.8. Executive Director. "Executive Director" means the employee of the Authority directly responsible to the Board of Directors and primarily responsible for the managerial oversight of the operations of the Authority as further described in Section 3.6. Second Restated and Amended Joint Exerc;se of Powers Agreement - Silicon VaHey Animal Control Authority August 8, 2003 Page 2 of 20 , Section 1.9. Fiscal Year. "Fiscal Year" means the period from July 1 st to and including .. the following June 30th. _ Section 1.10. Joint Facilities. "Joint Facilities" means the animal control facilities,' equipment, resources, and property to be owned, leased, managed and operated by the Authority pursuant to Article V and Section 7.1, and, if and when acquired or constructed, any improvements and additions thereto. Section 1.11. Legislative Bodies. "Legislative Bodies" means the city or town councils of the Member Agencies of the Authority. "Legislative Body" means any such individual city or town council. ., ' Section 1.12. Member Agencies or Member Agencv. "Member Agencies" means all of the public agencies signatory to this Agreement, which, as of the initial Effective Date of this Agreement, are the City of Campbell, the City of Cupertino, the City of Monte Sereno, the City of Santa Clara, the City of Saratoga, and the Town of Los Gatos. "Member Agency" means any such individual public entity. Section 1.13. Quorum. Except as may otherwise be required hereunder or by law, "quorum" means the presence of a sufficient number of Directors to constitute at least 5 votes and to represent a majority of the Member Agencies. Section 1.14. Rules of the Board. "Rules of the Board" means the bylaws, ru¡¡~s, regulations e and other operational and organizational directives of the Board of Directors for the conduct of its meetings and other affairs as further described in Section 2.9. Section 1.15. Secretarv. "Secretary" means the Secretary of the Board of Directors as further described in Section 3.2. Section 1.16. Treasurer. "Treasurer" means the financial director and finance manager of the Authority having the responsibility and accountability for the Authority's funds as further described in Section 3.3. ARTICLE II GENERAL PROVISIONS Section 2,1. Purpose. The purpose of this Agreement is to create the Authority to provide for the joint exercise of powers by the Member Agencies to own, manage, operate and maintain the Joint Facilities and to implement the financing, acquisition and construction of additions and improvements thereto and any additional facilities and property later acquired, owned or managed by the Authority and inc]uded in the Joint Faci]ities and thereafter to manage, operate and majntain the Joint Facilities, as so added to and improved, all to the end that the residents of the Area are provided with a more efficient and economical provision of the Animal Control Services and related services consistent with the purposes ofthjs Agreement, and, jfnecessary, to jssue and repay revenue bonds e Second Restated and Amended Joint Exercise of Powers Agreement - Silicon VaHey Anima] Contro] Authority August 8, 2003 Page 3 of 20 , . . . of the Authority pursuant to the Bond Law. Each ofthe Member Agencies is authorized to exercise all powers (except the power to issue and repay revenue bonds of the Authority) pursuant to its organic Jaw and the Authority is authorized to issue and provide for the repayment of revenue bonds pursuant to the provisions of the Bond Law. Section 2.2. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the "Silicon Valley Animal Control Authority," to be called the "Authority" pursuant to Section 1.5. The Authority, which shall administer this Agreement, is a public entity separate and apart from the Member Agencies and each of them. Section 2.3. Effective Date of Agreement. This Agreement shall become effective when signed and executed by all Member Agencies listed in Section 1.12 (the "Effective Date") and shall supercede any prior agreements executed. Section 2.4. Term. This Agreement shall become effective on the Effective, Date set forth in Section 2.3 and shall continue in effect untiJ such time as all Bonds (if any) and the interest thereon issued by the Authority under the Bond Law or the Act shall have been paid in full or provision for such full payment shall have been made, and thereafter until such time as the Authority and the Member Agencies shall have paid all sums due and owing pursuant to this Agreement or pursuant to any contract executed pursuant to this Agreement, and thereafter until temJinated pursuant to Article IX. Section 2.5. Governing Board. The Authority shall be administered by a Board of Directors consisting of seven (7) Directors, as follows: two (2) Directors appointed by the Legislative Body of the City of Santa Clara, one (1) Director appointed by each of the Legislative Bodies of the cities of Campbell, Cupertino, Monte Sereno and Saratoga and the Town of Los Gatos. Section 2.5.1. All voting power of the Authority shall reside with the Board of Directors. Section 2.5.2. The Board of Directors shall be called the "Board of Directors of the Silicon Valley Animal Control Authority." Section 2.5.3. Each Director shall be a member of the Legislative Body of the Member Agency that appointed that Director. Section 2.5.4. Each Legislative Body shall appoint an alternate Director for that Member Agency. The alternate Director may act as the Director in the absence of the Director appointed by that Legislative Body. The alternate Director shall also be a member of the Legislative Body that appointed the alternate Director. Section 2.5.5. All Directors and their alternates shall serve at the pleasure of the Member Agency that appointed them. Section 2.5.6. All vacancies on the Board of Directors shall be filled by the respective LegisIative Body within thirty (30) days of the effective date of the vacancy or as soon Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Vaney Animal Control Authority August 8, 2003 Page 4 of20 , thereafter as the Legislative Body may legally act. Any Director or alternate Director shall cease to be a Director when such person ceases to hold office as a counciJ member of the respective appointing Legislative Body. . Section 2.5.7. Each Director may receive reimbursement for the reasonable and necessary expenses incurred in the performance of their duties, as provided in the Rules ofthe Board. Section 2.6. Meetings ofthe Board of Directors. All meetings of the Board of Directors shall be public meetings unless a specified cJosed session is held in accordance with the California Government Code. '" Section 2.6.1. Regular Meetings. The Board of Directors shall provide for regular meetings at a date, time, and place fixed by the Rules of the Board. Section 2.6.2. Special Meetings. Special meetings and emergency meetings ofthe Board of Directors may be called in accordance with State Jaw. Section 2.6.3. Call. Notice. and Conduct of Meetings. All meetings of the Board of Directors, incJuding without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, heJd, and conducted in accordance with the provisions of Section 54950, et seq., of the California Government Code, as may be amended from time to time. Section 2.7. Required Votes; Approvals. . Section 2.7.1. Subject to Section 2.7.2 beJow, five (5) affirmative votes of the Board of Directors shall be required for the Board of Directors to take any action provided a quorum is present. Section 2.7.2. Notwithstanding the provisions of Section 2.7.1 above, the affirmative votes of at least two-thirds (2/3) of the Board of Directors shall be required for the Board of Directors to propose an amendment to or termination of this Agreement; to approve the addition of new Member Agencies to this Agreement; to approve the issuance of any Bonds or the restructuring of any Bond financing; to approve any budget actions requiring increased amounts to be paid by a Member Agency over and above approved budget appropriations; and to modify the Member Agencies' contributions to Operating Costs pursuant to Section 6.3.2 below. Section 2.8. V oting. The two Directors from the City of Santa Clara shall each have two votes at each meeting of the Board at which they are present. The Directors from the other Member Agencies shall each have one vote. No Director may vote by proxy at any Board meeting at which such Director is absent. Section 2.9. RuJes ofthe Board. The Board of Directors shall adopt and from time to time amend the Rules ofthe Board as are necessary or convenient in the determination of the Board of Directors . to achieve or facilitate the purposes hereof. Second Restated and Amended Joint Exercise of Powers Agreement - Silicon VaHey Anima] Control Authority August 8, 2003 Page 5 of20 , . Section 2.10. New Members. It is the intent of the member entities to provide, to the extent pennitted by law, for the inclusion at a subsequent date of such additional public entities, organized and existing under the Constitution or laws of the State of California, as may desire to become parties to this Agreement and members of the Authority. The Board shall review.all applications for participation in the Authority. Those entities seeking membership must be approved by the affirmative vote of a two-thirds majority of the entire Board of Directors. Entities applying under this Article shall be required to pay their share of capital and' operating expenses, as determined by the Board. Cash contributions for entities joining the Authority at other than the beginning of the Authority's fiscal year, shall be prorated for the remainder of the fiscal year. ARTICLE III ORGANIZATIONAL STRUCTURE OFFICERS AND EMPLOYEES Section 3.1. Chairperson and Vice-Chairperson. The Board of Directors shaU eject a Chairperson and Vice-Chairperson from among its members. The Chairperson and Vice-Chairperson shall each serve a one year term. In the event of the disqualification or permanent inability ofthe Chairperson to serve as the Chairperson during their term, the Vice-Chairperson shall assume the duties of the Chairperson for the remainder of that term and the Board of Directors shall elect a new Vice- Chairperson for the remainder of that term. . Section 3.1.1, The Chairperson shall be authorized to sign all resolutions of the Board of Directors and all contracts on behalf of the Authority and shall perform such other duties as may be imposed by the Board of Directors, consistent with the terms and provisions of this Agreement and the Rules of the Board. Section 3.1.2. The Vice-Chairperson shaU be authorized to act as the Chairperson, exercise all of the powers ofthe Chairperson, and perform all ofthe duties of the Chairperson in the temporary absence of the Chairperson. Section 3.1.3. The Board of Directors, as a part of its approval of any contract, may authorize the Executive Director to execute the contract on behalf of the Authority. Section 3.2. Secretary. The Executive Director shall be the Secretary to the Board of Directors, perform such other duties as may be imposed upon the Secretary by the Board of Directors, and cause a copy of this Agreement to be filed with the California Secretary of State and the State of California pursuant to Section 6503.5 of the Act. Section 3.3. Treasurer. The Board shall designate the Treasurer. The Treasurer shall be the depository and shall have custody of all of the accounts, funds and money of the Authority from whatever source. The Treasurer shall have the duties and obligations set forth in Section 6505 and 6505.5 of the Act, and shaU assure that there shall be strict accountability of all funds and reporting . of aU receipts and disbursements of the Authority. Second Restated and Amended Joint Exercise of Powers Agreement - Sj]jcon Vaney Animal Control Authority August 8, 2003 Page 6 of20 Section 3.4. Officers in Charge of Property. Pursuant to Section 6505 of the California . Government Code, the Treasurer shall have charge of, handle, and have access to all accounts, funds, and money of the Authority and all records of the Authority relating to such accounts, funds and, money; and the Secretary shan have charge of,handle, and have access to an other records of the Authority, and the Executive Director shan have charge of, handle, and have access to an physical properties of the Authority. Section 3.5. Bonding Persons Having Access to Property. From time to time, the Board of Directors may designate persons, such as the Treasurer or Executive Director, as the Authority officer(s) who shan have charge of, handle, or have access to any property of the Authority. The Board of Directors shall also fix the respective amounts of the official bonds of the Treasurer, Executive Director or such other designated persons pursuant to Section 6505.1 of the Act, which bonds shan be filed with the Secretary of the Authority. The actual cost of such bonds shall be a proper charge against the Authority. Section 3.6. Management. The reguJar management of the operations and activities of the Authority shan be vested in the Executive Director. The Executive Director shan be appointed by the Board of Directors. Unless otherwise provided by the Rules of the Board or resolution of the Board of Directors, the Executive Director shall have the following powers: Section 3.6.1. To provide for the planning, design, and construction of any additions or improvements to the Joint Facilities; leasing or remodeling of any existing facilities, or any new facilities to be operated by the Authority as authorized by the Board of Directors; . Section 3.6.2. Except as otherwise provided in Section 3.6.8, to execute any contracts for capital costs, costs of special services, equipment, materials, supplies, maintenance, or repair that involve an expenditure by the Authority within the limits and in accordance with procedures to be established by the Authority in the manner provided for local agencies pursuant to Article 7, commencing with Section 54201 of Chapter 5 of Part 1 of Division 2 of Title 5 ofthe California Government Code; Section 3.6.3. To appoint and employ an personnel of the Authority required for maintenance and operation of the Joint Facilities, and an other employees authorized by the Authority's budget and by the Board of Directors; Section 3.6.4. To retain any consultants, including labor relations consultants or certified public accountants, as authorized in the Authority's budget and by the Board of Directors; Section 3.6.5. Subject to approval of the Board of Directors, to appoint and employ an personnel ofthe Authority or consultants required to be employed or retained in connection with the design of any additions or improvements of the Joint Facilities or construction of new faci]ities; . Second Restated and Amended Joint Exercise of Powers Agreement - Si]icon Va]]ey Anima] Contra] Authority August 8, 2003 Page 7 of20 . . . Section 3.6.6. To expend funds ofthe Authority and enter into contracts, wheneverrequired, or for the immediate preservation of the public peace, health, or safety, subject to the subsequent ratification of the Board of Directors; Section 3.6.7. To dispose of any personal property of the Authority as may be provided in the Rules of the Board or otherwise authorized by the Board of Directors; Section 3.6.8. To approve and pay demands for payments by the Authority ofTen Thousand Dollars ($10,000.00), or less, which are authorized in the Authority's budget; Section 3.6.9. To prepare and submit to the Board of Directors in time for revision and adoption by the Authority prior to March 1 of each year, the annual preliminary budget for the next succeeding Fiscal Year referred to in Section 6.1; Section 3.6.10. Generally, to supervise the acquisition, construction, management, maintenance, and operation of the Joint Facilities and personnel of the Authority; Section 3.6.11. To perform such other duties as directed by the Board of Directors and report to the Board of Directors at such times and on such matters as the Board of Directors may direct. Section 3.7. Legal Advisor. The legal advisor of and provider oflegal advice and services to the Authority shall be designated by the Board of Directors. Section 3.8. Other Services. The Board of Directors shall have the power to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of and pursuant to this Agreement. Section 3.9. Non-Liabilitv of Agencies. None of the officers, agents, or employees directly employed by the Authority shall be deemed, solely by reason of their employment by the Authority, to be employed by any Member Agency or, by reason of their employment by the Authority, to be subject to any of the requirements of any Member Agency. All of the privileges and immunities from 1iability, exemption from Jaws, ordinances and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the activities of the officers, agents, or employees of Member Agencies when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. Except as expressly provided for in this Agreement, nothing contained in this Article III is intended to nor shall it restrict or limit the rights or abilities otherwise available to the Authority to enter into agreements or other arrangements with any Member Agency in accordance with the terms and conditions of this Agreement and the Rules ofthe Board regarding the use of employees of the Member Agency in the operations and activities of the Authority. Section 3.10. lndemnitv and lnsurance. The Authority shall defend, indemnify and save harmless each Member Agency to this Agreement and its respective councilmembers, officers and employees, from all cJaims, losses, damages, costs, injury and liability arising out of the Authority's performance Second Restated and Amended Joint Exercjse of Powers Agreement - Silicon VaHey Anima] Control Authority August 8, 2003 Page 8 of 20 , of its powers, duties and responsibilities under this Agreement. The Authority shall obtain and keep in force policies of insurance with coverage and limits sufficient to protect the Authority and its Member Agencies from claims for damages arising rrom the activities ofthe Authority, its Board of Directors, officers and employees. It is the intent of this Section 3. 1 0 that the policies of insurance described herein include coverage for automobile liability, comprehensive generalli<l;bility, public officials errors and omissions, workers' compensation, and excess liability and other perils as the Board of Directors shall, from time to time, direct and that the coverage limits of these policies be maintained at levels as the Board of Directors shall direct. Each Member Agency shall be named an "additional insured" on the liability coverages or sha1l receive equivalent treatment or status under the Authority's insurance program. e '" Section 3.11. Ai!feement Not for Benefit of Third Parties. This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by any Member Agency shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property in the respective Area of such Member Agency. ARTICLE IV POWERS OF THE AUTHORITY Section 4.1. General Powers. The Authority shall exercise in the manner hereirt provided the e powers common to each of the Member Agencies, as provided by the Constitution and laws of the State of California, and a1l incidental, implied, expressed, or necessary powers for the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.4, As provided in the Act, the Authority sha1l be a public entity separate from the Member Agencies, The Authority sha1l have the power to finance, acquire, construct, manage, maintain, and operate the Joint Facilities. The Authority shall have a1l ofthe powers provided in Article 2 and Article 4 ofthe Act, unless specifica1ly prohibited or restricted by this Agreement. Section 4.2. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise ofthe foregoing powers, including but not limited to, any of the fo1lowing: Section 4.2.1. To make and enter into contracts; Section 4.2.2. To employ agents or employees; Section 4.2.3. To acquire, construct, manage, maintain, or operate any buildings, works or improvements; Section 4.2.4. To acquire, hold, or dispose of property; Section 4.2.5. To sue and be sued in its own name; e Second Restated and Amended Joint Exercise of Powers Agreement - Silicon VaHey Animal Control Authority August 8, 2003 Page 9 of 20 . . . Section 4.2.6. To incur debts, liabilities or obligations, subject to the provisions of this Agreement, provided that no debt, IjabjJÜy or ob]jgatjon shaH constÜute a debt, ]jabjJity or obligation upon any Member Agency; Section 4.2.7. To apply for, accept, receive, and disburse grants, loans, and other aids from any agency for the United States of America or of the State of California;. Section 4.2.8. To invest any money in the treasury pursuant to Section 6505.5 of the Act that is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code; Section 4.2.9. To carry out and enforce all the provisions of this Agreement. Section 4.3. Bonds. The Authority shaH have aH ofthe powers provided in ArtÎc1e 4 of the Act, including the power to issue Bonds under the Bond Law. Section 4.4. Restrictions on Exercise of Powers. The AuthorÜy shaH exercise in the manner herein provided the powers common to all Member Agencies as appropriate to the accomplishment of the purposes of this Agreement. For purposes ofGovt. Code § 6509, the powers oftheAuthority shall be exercised subject to the restrictions upon the manner of exercising such powers as are imposed upon the City of Campbell, a general law city. Section 4.5. Obligations of Authoritv. The debts, liabilities, and obligations of the Authority shall not be the debts, ]iabi1ities, and obligations of any Member Agency. ARTICLE V METHODS OF PROCEDURE Section 5.1. Reserved. Section 5.2. Delegation of Powers. Each Member Agency hereby delegates to the Authority the power to purchase and the power and duty to maintain, operate, and manage any animal control equipment, resources, and real property acquired and identified by the Member Agencies, including the future site ofthe Authority's animal control facility, and to employ the necessary personnel to do any and all other things necessary or desirable to provide efficient, economical and lawful Animal Control Services to the Member Agencies. Section 5.3. Joint Maintenance and Operation Fund. The Board of Directors shall have a joint maintenance and operatjon fund (herein called the "Operating Fund"). The Authority shall assume responsibility for the maintenance and operation of the Operating Fund and shall pay the administrative and operational expenses ofthe Authority and all maintenance and operation costs of the Joint Facilitjes from said Operating Fund. Each of the Member Agencies shall pay into said Second Restated and Amended Joint Exercise of Powers Agreement - Silicon VaHey Animal Control Authority August 8, 2003 Page 10 of 20 Operating Fund its proportionate share of the maintenance and operation costs of the Joint Facilities, computed on the basis set forth in Section 6.3 of this Agreement. . Section 5.4. Capital Acquisition, Improvement and Replacement Fund. The Board of Directors may create a capital acquisition and replacement fund ("Capital Fund") for the purpost¡ of creating a fund for the acquisition and construction of the Joint Facilities and any other capital improvements owned or controlled by the Authority, and the replacement and acquisition of capital equipment and property of the Authority. Each Member Agency shall annually pay into said Capital Fund its proportionate share of capital costs, including principal and interest payments on outstanding Bonds, if any, as provided in Section 6.3. ". ARTICLE VI BUDGET/COSTS, MAINTENANCE AND OPERATION COSTS AND OTHER COSTS Section 6.1. Annual Budget. The Board of Directors shall adopt a preliminary budget for maintenance and operation costs, capital costs, costs of special services, and debt service payments or redemption expenses on Bonds (if any), annually prior to March 1 of each year and shall adopt a final budget prior to June 30 of each year. Section 6.2. Records and Accounts. The Authority shall cause to be kept accurate and correct books of account, showing in detail the capital costs, costs of special services and'maintenance, . operation costs of the Joint Facilities and the provision of the Animal Control Services, and all financial transactions of the Member Agencies relating to the JointFacilities and the provision ofthe Animal Control Services, which books of account shall correctly show any receipts and also any costs, expenses, or charges paid or to be paid by each of the Member Agencies. Said books and records shall be open to inspection at all times during norma] business hours by any representative of a Member Agency, or by any accountant or other person authorized by a Member Agency to inspect said books or records. The Controller/Treasurer shall, in accordance with Sections 6505 and 6505.6 of the Act, cause the books of account and other financial records of the Authority to be audited annually by an independent public accountant or certified public accountant. Section 6.3. Allocation of Costs and Expenses: Generallv. Section 6.3.1. Annual Estimate. After adoption ofthe preliminary budget and prior to April 1 of each year, the Authority shall promptJy furnish to each of the Member Agencies an estimate of the total annual maintenance and operation costs, capital costs, costs of special services, and debt service payments or redemption expenses on Bonds (if any). Section 6.3,2. Operating Costs. The proportion of Operating Costs to be borne by each Member Agency shall be determined by the Executive Director each year prior to March 1, and the Executive Director shall submit these percentages to the Board of Directors for review, modification and/or approval on or before April I of each year. The Board of . Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Vaney Animal Control Authority August 8, 2003 Page 11 of 20 " e e e Directors may modify the manner in which each Member Agency's contribution to Operating Costs is determined or ca1culated by a two-thirds (2/3) vote of the Board of Directors. Section 6.3.3. Capital Acquisition Costs; Costs of Special Services, Bond Expenses. Costs of acquiring new equipment or constructing new facilities, costs of special services and Bonds interest and redemption expenses (if any) shall be borne by each Memöer Agency in the same proportion as Operating Costs determined, pursuant to Section 6.3.2, for t.he Fiscal Year in which the cost is incurred. Section 6.3.4. Capital Costs. The proportion of capital replacement costs to be borne by each Member Agency annually shall be the same proportion as Operating Costs borne by that Member Agency for that Fiscal Year as deternlined pursuant to Section 6.3.2. Section 6.3.5. Insurance Costs. The premiums for the insurance policies described in Section 3.10 shall be apportioned among the Member Agencies in the same manner as each Member Agency's yearJypercentage of Operating Costs, as determined pursuant to Section 6.3.2. In the event of any claim for damages which is not covered by insurance, or which exceeds the limits of any applicabJe policy of insurance, the Member Agencies agree to allocate among themselves the uninsured costs of defending such claim, and the uncovered costs of settlement or judgment, if any, in the same proportions as the percentage share of Operating Costs of each Member Agency as established pursuant to Section 6.3.2 at the time the claim is filed with the Authority. Section 6.4. Payment of Costs. Beginning on the Effective Date ofthis Agreement, and quarterly in advance thereafter for each Fiscal Year, each Member Agency agrees to pay the Authority its allocated proportional share of the total estimated annuaJ costs and expenses, as set forth in Section 6.3. Section 6.5. Sources of Funds. Each Member Agency shall provide the funds requiredto be paid by it to the Authority under this Agreement from any source of funds legally available to such Member Agency for such purpose. Section 6.6. Level of Services and Charges to Member Agencies. Each Member Agency may contract with the Authority for a greater or lesser level of service than the Animal Control Services set forth in this Agreement. The Member Agencies acknowledge and agree that the contributions required pursuant to Section 6.3 of a Member Agency that enters into such a contract with the Authority may be modified accordingJy, with the approval ofthe Board of Directors, to account for the greater or lesser level of service being provided to that Member Agency by the Authority. Member Agencies requesting other animal related services !Tom the Authority in addition to those Animal Control Services specified in Exhibit "A" of this Agreement shall be held financially responsible for direct additional costs incurred or encumbered by the Authority in the implementation of special programs, projects, and services. Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Anthority August 8, 2003 Page 12 of20 ARTICLE VII ENFORCEMENT . Section 7.1. Reserved. Section 7.2. Enforcement bv Authority. The Authority is hereby authorized to take ally or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law, to enforce this Agreement. ARTICLE VIII WITHDRAWAL OF A MEMBER AGENCY Section 8.1. Agreement Continues. Notwithstanding the provisions of Section 9.1, each Member Agency agrees that the withdrawal of a Member Agency pursuant to this Article vrn is not intended to and wil1 not terminate this Agreement or affect the ability of the Board of Directors or the remaining Member Agencies to carry out and fulfill the purposes of this Agreement. Section 8.2. Withdrawal. A Member Agency may withdraw from the Authority and this Agreement by filing written notice thereofwith the Authority. Withdrawal will take effect on July 1 of any year provided there is a least six months advance notice. The withdrawal of any Member Agency rrom the Authority shall in no way affect the rights and obligations of the remaining Member Agencies. A withdrawing Member Agency is still obligated for all payments due from it for the . fiscal year of the withdrawal. Further, in the event of withdrawal of a Member Agency, the following terms and conditions wi]] apply: Section 8.2.1. Withdrawal shall not relieve the party of its proportionate share of any debts, liabilities or other contractual commitments incurred by the Authority prior to the effective date of the party's notice of withdrawal; and Section 8.2.2. If Bonds have been issued and the withdrawing Member Agency benefits directly or indirectly from the Bonds issued and outstanding, the Member Agency sha]] not withdraw from the Authority until such time as all of those Bonds and the interest thereon shall first have been paid in full or provision for such full payment shall first have been contractually made with the Authority and approved by the Board of Directors; and Section 8.2.3. The obligations ofthe withdrawing Member Agency shall have been paid in full and provision for repayment of any other indebtedness which may exist shall be covered by an agreement made between the Authority and the Member Agency and approved by the Board of Directors. Section 8.2.4. Reimbursement. The Board wil1 approve a reimbursement to the withdrawing Member Agency which sha]] be calculated based on audited figures representing the Authority's fiscal year end financial condition as ofthe fiscal year end date . of withdrawal. The amount of the reimbursement will be determined by muJtiplying the Second Restated and Amended Jo;nt Exerc;se of Powers Agreement - S;I;con Va]]ey An;ma] Control Authority August 8, 2003 Page 13 of 20 . . . average percentage contribution to Operating Costs of said Member Agency over the life of its participation in the Authority by that portion of the general reserve and unreserved retained earnings that have not been encumbered or designated for a particular purpose ("Cash Operating Reserve"). In no event wjJl the Board permit any such reimbursement to reduce the Authority's fiscal year end Cash Operating Reserve below the level of20% of the Authority's total budget for said fiscal year. If the amount so calculated will reduce the Authority's Cash Operating Reserve below said 20%, the amount of reimbursement wjJl be adjusted and decreased so as to maintain the fiscal year end Cash Operating Reserve of the Authority at a minimum level of20% of that fiscal year's budget. Section 8.3. Restrictions. Any withdrawal from participation in this Agreement is subject to the restrictions on withdrawal contained in Section 8.2, above. In addition, each withdrawing Member Agency, upon its withdrawal, waives any right to seek ajudiciaJ apportionment of any interest it may have in the Authority andlor in any assets of the Authority. Section 8.4. Non-Distribution of Assets Upon DissoJution. Upon withdrawal of any Member Agency from the Authority prior to dissolution, the withdrawing Member Agency wjJl have no entitlement to any assets ofthe Authority nor distribution of any kind from the Authority even in the event of the Authority's subsequent dissoJution. ARTICLE IX TERMINATION OF THE AGREEMENT AND DISSOLUTION OF THE AUTHORITY Section 9.1. Termination. This Agreement shall terminate and the Authority shall be dissolved upon an agreement of all Member Agencies. Upon termination of this Agreement, any obligation of the Authority which continues following dissolution shall be borne by the Member Agencies based on the percentages determined pursuant to Section 9.3. Section 9.2. Effective Dates of Termination. Termination shall not under any circumstances become effective until June 30 next succeeding a minimum of twelve (12) months following the effective date of a written notice of termination to the Board of Directors approved by all Legislative Bodies of the current Member Agencies. Section 9.3. Disposition of Assets. Upon dissolution of the Authority, each current Member Agency shall receive its proportionate share of the assets ofthe Authority as defined in this Section within a reasonable amount of time after dissolution, and each current Member Agency shall contribute its proportionate or otherwise defined share toward the discharge of any enforceable liabilities incurred by the Authority as the same appear on the books of the Authority. Upon the termination of this Agreement, any assets acquired by the Authority during the period of its existence and still on hand and all unencumbered cash reserves (collectively, "Assets and Cash Reserves") shall be distributed to the current Member Agencies in the following manner: The total amount of maintenance and operating costs paid by each current Member Agency into the Operating Fund during the entire existence of the Authority shall be added together and the percentage which each Agency's total bears to the whole shall be determined. The Assets and Cash Reserves shall be Second Restated and Amended Joint Exercise of Powers Agreement - Si]icon Vaney Anima] Contro] Authority August 8, 2003 Page ]4 of20 divided among the current Member Agencies based on the above percentage, based on appraised value of the assets at the time of termination. In the event the current Member Agencjes cannot agree on how the distribution of Assets and Cash Reserves pursuant to the distribution method set forth in this Section should be implemented,the City Ma~agers of all of the current Member Agencies, or their respective designees, shan meet promptly to develop a method for d\stributing the Assets and Cash Reserves among the current Member Agencies. . Section 9.4. The distribution of assets may be made in kind or assets may be sold and the proceeds thereof distributed to the Member Agencies at the time of dissolution after the discharge of all enforceable liabilities. ". Section 9.5. Continued Existence of Authority. Upon dissolution, this Agreement and the Authority shan continue to exist as required or necessary for the limited purpose of distributing the Assets and Cash Reserves and winding up and c10sing out the business, accounts and affairs of the Authority. ARTICLE X MISCELLANEOUS Section 10.1. Section Headings. An section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing language in the section referred to or to define or limit the scope of any provision of this Agreement. . Section 10.2. Consent. Whenever in this Agreement any consent or approval is required, the same shan not be unreasonably withheld. Section 10.3. Law Governing. This Agreement is made under the Constitution and laws of the State of California and is to be so construed. Section 10.4. Amendments. This Agreement may be amended at any time, except as limited by Bond covenants, if any. All amendments to the Agreement must be in writing, and must be approved by the Legislative Bodies of the Member Agencies prior to becoming effective. Section 10.5. Severability. In the event any provision of this Agreement is determined to be jJJegal or invalid for any reason, an other provisions and articles of this Agreement shan remain in fun force and effect unless and until otherwise determined. The illegality of any provision ofthis Agreement shall in no way affect the legality and enforceability of any other provisions of this Agreement. Section 10.6. Successors. This Agreement shan be binding upon and shan inure to the benefit of the successors of the respective Member Agencies. No Member Agency may assign any right or ob1igation hereunder without written consent of the other Member Agencies. Section 10.7. Notice. Any notice required to be given or delivered by any provision of this Agreement shan be personally delivered or deposited in the U.S. mail, postage prepaid, addressed to . Second Restated and Amended Joint Exercjse of Powers Agreement - SjJicon Valley Anima] Control Authority August 8, 2003 Page 15 of20 . the Authority and to the Member Agencies at their addresses as reflected in the records. of the Authority, and shall be deemed to have been received by the party to which the notice is addressed upon the earlier of receipt or 72 hours after mailing. EXECUTION OF AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereupon duly authorized and their official seals to be hereto affixed on the dates as shown herein. MEMBER AGENCIES APPROVED AS TO FORM: CITY OF CAMPBELL, a municipal corporation By: Its: Date: By: Its: Date: ATTEST: . By: Its: Date: APPROVED AS TO FORM: CITY OF CUPERTINO, a municipal corporation By: Its; Date: By: Its: Date: ATTEST: By: Its: Date: APPROVED AS TO FORM: TOWN OF LOS GA TOS, a municipal corporation By: Its: Date: By: Its: Date: . Second Restated and Amended Joint Exercise of Powers Agreement - SiJicon VaHey Animal Control Authorj¡y August 8, 2003 Page 16 of20 ATTEST: By: Its: Date: APPROVED AS TO FORM: By: Its: Date: ATTEST: By: Its: Date: APPROVED AS TO FORM: By: Its: Date: ATTEST: By: Its: Date: APPROVED AS TO FORM: By: Its: Date: ATTEST: By: Its: Date: . CITY OF MONTE SERENO, a municipal corporation By: Its: Date: ". CITY OF SANTA CLARA, a municipal corporation By: Its: Date: . CITY OF SARATOGA, a municipal corporation By: Its: Date: . Second Restated and Amended Joint Exercise of Powers Agreement - Silicon VaHey Animal Control Authority August 8, 2003 Page 17 of 20 , . . . EXHIBIT" A " ANIMAL CONTROL SERVICES The term "Animal Control Services" in the Agreement to which this Exhibit "A" is attached means all of the following services: A. Field Services Field services means all of the following services, including any vehicles, communications equipment, office supplies, field and administrativè personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (the "Field Services"): · Pick up of confined stray dogs, cats, and other small animals, including, rabbits, crnckens, turkey, geese, and ducks, and excluding confined wildlife as defined in Section 711.2 of the California Fish and Game Code, such as opossums, raccoons, skunks, or squirrels · Pick up confined stray livestock, inc1uding horses, pigs, goats, sheep, and donkeys · Pick up of dead animals, including wildlife, as described in more detail below under the description of Dead Animal Services · Pick up of injured stray dogs or cats and other small animals, without regard to weight, and injured wildlife weighing fifty pounds (50 Ibs.) or less, that are located on public property or readily accessible on private property with the permission of the property owner or occupant or the property owner's or occupant's authorized agent · Response to emergency calls · Investigating complaints of animal bites or attacks on humans, including the completion of a report interviewing the parties involved, quarantining animals which have bitten humans, preparing and transporting biting animals for rabies testing, and investigating alleged violations of a quarantine · Response to calls for removal of venomous snakes in a private residence and on private property · Investigating compJaints of vicious dogs · Investigating complaints of dangerous animals · Responding to compJaints of animals running at large · Responding to complaints of domestic animals causing a nuisance, except domestic animals making noise, and provide follow-up patrol Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal ContTol Authority August 8, 2003 Page 18 of 20 F · Responding to police assist calls on animal-related issues, which service may include . taking control of an animal on the scene · Investigating complaints regarding the Jack of proper care, condition, or attention of domestic animals by their owners · Investigating complaints regarding cruelty to animals · Provide Community Outreach Humane Education programs to local schools as well as presenting programs to civic groups and organizations, Neighborhood Watch, ., . homeowners groups and more · Provide animal safety training for service workers (i.e. postal employees, meter readers) B. Shelter Services Shelter Services means all ofthe following services, including shelter facilities, supplies, animal attendants, supervisors and administrative personnel, and any other personnel, supplies and equipment reasonably required to perform the following services (the "Shelter Services"): · Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by . a Member Agency, a resident residing in a Jurisdictional Area, or shelter personnel · Quarantine of biting animals · Rabies testing of suspect animals · Provision for surrender and reclaim of abandoned, lost or stray domestic animals during established business hours · Euthanasia and disposal of abandoned, lost, impounded, or stray domestic animals that are unclaimed by their owners and faiJ to meet the written health and temperament standards of the shelter C. Medical Services Medical Services means all of the following services, including office facilities, supplies, and professional and trained personnel necessary to perform the following services (the "Medical Services") by staff or through contracts: · Provision of veterinarian services by staff or through contracts twenty-four (24) hours per day to treat and provide veterinarian care to stray dogs, cats, and other impounded animals that may be sick or injured . Second Restated and Amended Joint Exercise of Powers Agreement - Silicon VaHey Animal Control Authority August 8, 2003 Page 19 of20 . . . · Monitor quarantined biter anima]s · Conduct vaccination clinics and have available, free of charge to the public, rabies control information. D. Dead Animal Services Dead Animal Services means all of the following services, including anY' vehicles, storage facilities, disposal mechanisms, field and administrative personnel, and any other personnel, supplies, contracts and equipment required to perform the foJJowing services (the "Dead Animal Services"): · Pick up of dead animals, including wiJd1ife and except Jivestock, from streets and public property within Jurisdictional Areas, or from private property within Jurisdictional Areas with the permission of the property owner, occupant or a representative of the property owner or occupant · Identification of and notification to the owner of the dead animal, whenever possible · Disposal of the body of the dead animal E. Animal Licensing Services Animal Licensing Services means all of the following services, including any vehicles, office facilities, supplies, equipment and personnel necessary to perform the folJowing services (the "Animal Licensing Services"): · Computerized .Animal Licensing including up to two de1inquent notices on license renewals · Comprehensive community outreach program, to include issuing licenses at the "actual cost" rabies vaccination clinics · Distribute Licensing information through the Jocal veterinarians and on the web site · Issue Assistance Animal identification tags to qualified residents as required by state Jaw F. Other Services For Which a Fee Mav Be Charged · Pick up owned animals · Provide humane traps to the pub1ic to capture sick, injured, or nuisance domestic animals Second Restated and Amended Joint Exercise of Powers Agreement - Silicon Valley Animal Control Authority August 8, 2003 Page 20 of 20 ~ . . . SARA TOGA CITY COUNCIL MEETING DATE: September 3,2001 AGENDA ITEM: 2:L G?~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: (::tJ~r DEPT HEAD: Cathleen Rover. City Clerk SUBJECT: Bay Area Air Quality Management District (BAAQMD) - Spare the Air RECOMMENDED ACTION: q' Support the Clean Air Consortium and authorize the City Manager to sign the Clean Air Consortium Voluntary Agreement on behalf ofthe City. REPORT SUMMARY: On July 24, 2003, the City Council received the attached letter (Attachment I) from the BAAQMD requesting that the City of Saratoga voluntarily participate in a new initiative of the District called "Leading the Way to Attainment: The Clean Air Consortium", The BAAQMD has noticed an increased awareness and concern about pollution generated from off-road mobile sources such as lawn mowers and garden equipment. The BAAQMD feels that public entities should lead the way in modeling behavior changes and the Consortium is an impÇJrtant step to maintain clean air standards in the Bay Area, By approving the attached Clean Air Consortium Voluntary Agreement (Attachment 2) the City of Saratoga would be agreeing to abide by the Clean Air Consortium Checklist (Attachment 3), FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: City Clerk will mail a copy of the signed agreement to theBAAQMD. ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ) ATTACHMENTS: Attachment I - letter Attachment 2 - agreement Attachment 3 - checklist . e . 20f2 t --] ~ -gc ~A~¡; . /,..;t:..... (~J'2::'; /~}/~, ,~~ijIãf~~,; BAYAREA AIRQ!JALlTY MANAGEMENT DISTRICT ALAMEDA COUNTY Roberta Cooper Scott Haggerty (Chairperson) Nate Miley SheBa Young CONTRA COSTA COUNTY Mark OeSaulnier Mark Ross Gayle Uilkema (Secretary) MARIN COUNTY Harold C. Brown, Jr. NAPA COUNTY .rad Wagenknecht SAN FRANCISCO COUNTY Willie Brown, Jr. Chris Daly Jake McGoldrick SAN MATEO COUNTY Jerry Hill Marland Townsend (Vice~Chairperson) SANTA CLARA COUNTY Liz Kniss Patrick Kwok Julia Miller Dena Massar SOLANO COUNTY John F. Silva SONOMA COUNTY Tim Smith Pamela Torliatt William C. Norton EXECUTIVE OFFICERJAPCQ . July 24, 2003 RECEIVED JUL 2 5 2003 CITY OF SARATOGA Dear Mayor or City Manager: We are writing to request your participation in a new initiative of the Bay Area Air Quality Management District (Air District) - Leading the Way to Attainment: The Clean Air Consortium. Over the last decade there has been an increased awareness and concern about pollution generated from off-road mobile sources such as laWn and garden equipment. Research has shown that equipment with small gasoline combustion engines is a major contributor to air pollution in the Bay Area and throughoutthe United States. For example, during the summer in the Bay Area, gasoline-powered lawn mowers create 9 tons of pollution every day! We would like public agencies to join us this summer and voluntarily reduce activities that pollute on Spare the Air days. By reducing emissions, we can rise to the challenge of attaining clean air standards. This is particularly important because: · On Spare the Air days, unhealthy air will exacerbate asthmatic conditions, and is a threat to children, seniors, pregnant women and exercising adults, and · Twice in the recent past, transportation funding '($3.3 billion) has been threatened because the region does not meet the federal one-hour oZone standard. We are very close to attaining the standard and need your help. What we are asking is actually simple! We want you, on a voluntary basi's, to participate on Spare the Air days to reduce ozone-producing emissions including: · Rescheduling the use of gasoline powered lawn and garden equipment (electric equipment is OK), · Rescheduling surface coating and painting projects, and · Postponing refueling vehicles until the end of the day. These actions can reduce pollution by several tons on our most polluted days. We would also like you to participate in a consortium of public agencies and publicize your clean air efforts. Your participation would mean several things: · Agreeing to abide by the enc]osed checklist · Signing the enclosed voluntary agreement · Allowing the Air District to list your name publicly as an active participant · PubJicizing your participation as a part of on-going public outreach efforts and · Participating in brief e-mail surveys designed to document your clean air efforts on Spare the Air days. Please give this proposal serious consideration, It is important that public entities lead the way in modeling behavior changes and The Clean Air Consortium is an important step in assuring that clean air and our quality of life in the Bay Area are maintained. Attachment I 939 ELLIS STREET· SAN FRANCISCO CALIFORNIA 94109 . 415.77],6000 . www.baaqma.gov If you are interested in participating or simply need more infonnation please contact Jim Smith at the Air District (415) 749-4623 or bye-mail at jsmith(a)baaqmd.gov. Jim is interested in speaking with or meeting with as many counties, cities and other public agencies in the Bay Area as possible. Thank you for your time and attention. We look forward to working with you on this and all our other collective efforts to keep the air we breathe clean and safe! Sincerely, Ot&éJ1 ßiia Miller BAAQMD Board of Directors pt¿£0- ~~j~ Dena Mossar BAAQMD Board of Directors t· ~)~ ~J ~D Board of Directors attachments ) · · · , . The Clean Air Consortium Voluntary Agreement do your share for cleaner . ¡tr We the undersigned public entity/agency agree to abide by the attached behavioral checklist to the best of oUr ability in order to contribute our maximum resources toward reducing air pollution in the Bay Area. We the undersigned public entity/agency agree to allow the Bay Area Air Quality Management District to list our entity/agency as being in compliance with, to the best of our ability, the attached behavioral checklist. ., . We the undersigned public entitylagency agree to publicize our participation in The Clean Air Consortium as a part of our on-going outreach and educational efforts with the public. We the undersigned public entity/agency agree to designate personnel who will respond to brief surveys to document our clean air activities on Spare the Air days. 'Spare the Air days are days on which ground level ozone air pollutants are threatening to exceed federal health standards. Name Date Department City or County Name Attachment 2 . SftaIte ~ /"it'd Bay Area Air Management District. 939 Ellis Street San Francisco. CA 94109-7714 (415)771-6000 Leading the Way to Attainment: The Clean Air Consortium Checklist i . Parks & Grounds Maintenance Ongoing Stop at the click, do not overfill gasoline tanks ./ Maintain equiprnent, tune engines, sharpen blades, and clean the underside of the mower deck Spare the Air Day Activities ./ Avoid using hand-held, gas powered equipment like lawn rnowers, trimmers and chain saws ./ Use hand tools or electric equiprnent when possible ./ Reschedule painting/ striping projects ./ Refuel as late in the day as possible Facilities/Building Maintenance Fleets and Public Works Ongoing ./ Tightly seal all solvent containers; properly dispose of rags containing solvent waste -/ Keep vehicles tuned up and tires properly inflated ./ Avoid idling . ./ Stop at the click, do not overfill gasoline tanks Spare the Air Day Activities ./ Reschedule large scale surface coating/painting projects ./ Avoid idling -/ Do not refuel vehicles or wait until late in the day -/ Reschedule vehicle painting ./ Reschedule storage tank filling Public Information Ongoing ./ Have rnaterial available to the public on summertirne ozone pollution -/ Encourage the use of alternative transportation, trip reduction and trip linking Spare the Air Day Activities -/ Notify ernployees of Spare the Air days and provide ernployees with recommendations on how they can reduce ozone pollution (materials available frorn the Air District no cost) -/ Place a Spare the Air alert on your local cable channel scroll ./ Display signage signifying that it is a Spare the Air day ./ Publicize your agency's participation and accornplishments . Attachment 3 SARATOGA CITY COUNCIL 'y e MEETING DATE: September 3,2003 AGENDA ITEM: CITY MANAGER: (S/ -.:Y~/ zs ORIGINA TING DEPT: City Manager's Office PREPARED. BY: cfu ~ Cathleen Hover. Crtv Clerk DEPT HEAD: SUBJECT: Resolution Relating to the USA Patriot Act and the Protection of Civil Rights and Liberties of Saratogans ., RECOMMENDED ACTION: Adopt resolution, REPORT SUMMARY: On July 31, 2003, the City Council received the attached letter (Attachment 1) from the League of Women Voters requesting that the City of Saratoga adopt the attached resolution (Attachment 2). The League is urging the City to adopt the resolution as a way of showing the community that the Council is vigilant in tracking how the terms of the Patriot Act are carried out in Saratoga . The City of Monte Sereno and the Town of Los Gatos have adopted the res01ution, FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA ALTERNATIVE ACTION: Choose not to adopt the resolution. FOLLOW UP ACTION: City Clerk will mail a certified copy of the signed resolution to the League of Women Voters, ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA . ATTACHMENTS: Attachment 1 - letter Attachment 2 - resolution Attachment 3 - Summary of the USA Patriot Act provided by the Electronic Frontier Foundation (www.efforg) LEAGUE OF WOMEN VOTERS SOUTHWEST SANTA CLARA VALLEY ) . . Los Gatos . Saratoga . Monte Sereno . Campbell P.O. Box 2865, Saratoga CA 95070-0865 www.lwv-sw-santaclara-va!ley.org Telephone (408) 867-VOTE July 31, 2003 Mr. Nick Streit, Council Member City of Saratoga 13777 Fruityale Ave Saratoga, CA 95070 The Southwest Santa Clara Valley League of Women Voters, which includes the City of Saratoga within its area of concentrated interest, urges you to introduce a resolution similar to those that Los Gatos and Monte Sereno have approved. (See the enclosed copies). This resolution, if approved, will indicate to your constituents that you are vigilant in tracking how the terms of the Patriot Act(s) are carried out in Saratoga. The League feels that it is their responsibility to speak out and to encourage others to speak out when our Constitutionally-guaranreed rights seem to be threatened. We do this because the Civil Rights position held by every League in the nation indicates that we are to "Oppose major threats to basic constitutional rights." The League narionwide is becoming increasingly concerned about the incursions into the private Jives of cirizens being made in tbe name of national security. While it is necessary to seek out and detain tbose wbo threaten the safety ofthe nation, it is another thing to use our police forces as 'covert agents' to foment suspicions about tbe loyalty of residents and citizens. Using tbe police to forcibly enter, seize and detain individuals without credible proof of wrongdoing, and to keep them incarcerated witbout access to counselor their families might be routine procedure in totalitarian nations, but not in America. . We urge you to introduce this resolution, banding together with our neighboring cities Los Gatos and Monte Sereno, and take a stand against wbat we believe to be unwarranted intrusions into the lives of your constituents. The League knows tbat there is unity in nwnbers. More wrongs are righted wben people, led by their City Councils, join togetber to protest what tbey know to be wrong. ~;:Wk~ r-r Patricia M. Weber Pres. of SCCV-LWV PO Box 2865 Saratoga, CA 95070-0865 Œ~y1~ Barbara Mendenall Membersbip VP ofSCCV-LWV 127911d1ewood Ln Saratoga, CA 95070 . Attachment 1 y . . . RESOLUTION 2003 - 29 A RESOLUTION RELATING TO THE USA PATRIOT ACT AND THE PROTECTION OF crv~ RIGHTS AND UBERTIES OF LOS GAT ANS " WHEREAS, the Town of Los Gatos is a diverse community composed of persons of different ancestries, races, ethnic or national origins, colors, ages, genders, sexual orientations. religions, physical and mental capabilities, economic circumstances and political backgrounds and views; WHEREAS, all members of this community are governed by and enJoy certain fundamental rights granted under the United States Constitution, including the Bill of Rights. and the California State Constitution; WHEREAS, these fundamental rights are threatened whenever law enforcement actions are based on extreme interpretations of laws that were ultimately intended for the limited purpose of protecting these fundamental rights; WHEREAS, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 ("USA Patriot Act") was signed into law on October 26, 2001 with the stated purpose to enable law enforcement officials to track down and punish those responsible for the September II, 200 I attacks on the World Trade Center in New York City and to protect against any similar attacks; WHEREAS, given the length and breadth of such acts, concerns have been raised that their language and that of Executive Orders interpreting such acts, might result in overzealous enforcement of its provisions in derogation of the fundamental rights of all Americans, including the members of this community; searches and seizures, even if requested to do otherwise and infringe upon such rights by federal or state law enforcement agencies acting under new powers created by the USA Patriot Act· or by Executive Order; BE IT FURTHER RESOLVED that our Federal legislative delegation' is petitioned to actively monitor the implementation of the USA Patriot Act, any new legislation. or related Executive Orders, and actively work for the repeal of those portions that violate the guaranteed civil liberties enumerated in the Bill of Rights. BE IT FURTHER RESOLVED that upon passage, the Town Clerk shall deliver this Resolution to all federal and state law enforcement agencies, the Governor's office. and to the California federaJ legislative delegation. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of .Los Gatos, California held on the 17'h day of March, 2003 by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Sandy Decker. NAYS: None ABSENT: None ABSTAIN: None ATTEST: c~ THE TOWN OF LOS G LOS GA TOS, CALIFORNIA SIGNm ~h)e",~ /MAYO¡;(OF THE TOWN OF LOS GA TOS . LOS GA TOS, CALIFORNIA 3 I . . . ¡ e e e RESOLUTION NO. 3063 A RESOLUTION RELATING TO THE PROTECTION OF CIVIL RIGHTS AND· LIBERTIES OF MONTE SERENO RESIDENTS WHEREAS, the City of Monte Sereno is a diverse community composed of persons of.different ancestries, races, ethnic or national origins, colors, ages, genders, sexuaf orientations, religions, physical and mental capabilities, economic circumstances and political backgrounds and views; WHEREAS, all members of this community are governed by and enjoy certain fundamental rights granted under the United States Constitution, including the Bill of Rights, and the California State Constitution; WHEREAS, these fundamental rights are threatened whenever law enforcement actions are based on extreme interpretations of laws that were ultimately intended for the limited purpose of protecting these fundamental rights; WHEREAS, the City of Monte Sereno adheres to the principle that no law enforcement agency, or any other city agency, may profiJe or discriminate against any person solely on the basis of ancestry, race, ethnic or national origin, color, age, sexual orientation, gender, physical or mental disability, or religion, political views, economic circumstances; WHEREAS, the City of Monte Sereno wants to recognize the commitment it has to uphold the legal and human rights of its residents; WHEREAS, other communities around the country have passed similar resolutions reinforcing local efforts to support and defend the legal and human rights of their residents; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Monte Sereno that it has been, and remains, firmly commit1ed to the protection of civil rights and civil liberties for all of its residents, to the equal treatment of all its residents, regardless of their ancestry, race, ethnic or national origin, color, age, gender, sexual orientation, religion, physical and mental capability, economic circumstance, political background or views, and affirms its commitment to embody democracy and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and the California State Constitution; BE IT FURTHER RESOLVED that local law enforcement continue to preserve and uphold residents' freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection £Tom unreasonable searches and seizures; BE IT FURTHER RESOLVED that upon passage, the City Clerk shall de1iver this the Governor's office, and to the California federal legislative delegation. / RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARA TOGA e RELATING TO THE USA PATRIOT ACT AND THE PROTECTION OF CIVIL RIGHTS AND LIDERTIES OF SARATOGANS WHEREAS, the City of Saratoga is a diverse community composed of persons of different ancestries, races, ethnic or national origins, colors, ages, genders, sexual orientations, religions, physical and mental capabilities, economic circumstances and political backgrounds and views; and ' WHEREAS, all members of this community are governed by and enjoy certain fundamental rights granted under the United States Constitution, including the Bill of Rights and the California State Constitution; and WHEREAS, these fundamental rights are threatened whenever law enforcement actions are based on extreme interpretations of laws that were ultimately intended for the limited purpose of protecting these fundamental rights; and WHEREAS, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of2001 ("USA Patriot Act") was signed into law on October 26, 200 I with the stated purpose to enable law enforcement officials to track down and punish those responsible for the September 11, 2001 attacks on the World Trade a Center in New York City and to protect against any similar attacks; and _ WHEREAS, given the length and breadth of such acts, concerns have been raised that their language and that of Executive Orders interpreting such acts, might result in overzealous enforcement of its provisions in derogation of the fundamental rights of all Americans, including the members of this community; and WHEREAS, the City of Saratoga adheres to the principal that no law enforcement agency, or any other City agency, may profile or discriminate against any person solely on the basis of ancestry, race, ethnic or national origin, color, age, sexual orientation, gender, physical or mental disability, religion, political views, or economic circumstances; and WHEREAS, the City of Saratoga wants to recognize the commitment it has to uphold the legal and human rights of its residents; and WHEREAS, other communities around the County have passed similar resolutions reinforcing local efforts to support and defend the legal and human rights of their residents; and NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Saratoga that it has been, and remains, firmly committed to the protection of civil rights and civil liberties for all of its residents, to the equal treatment of all its residents, regardless of their ancestry, race, ethnic or national origin, color, age, sexual orientation, religion, physical or mental a disability, economic circumstances, political background or views, and affirms its commitment to - embody democracy and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States Constitution and the California State Constitution; and Attachment 1 · BE IT FURTHER RESOLVED that local law enforcement continue to preserve and uphold residents' freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested to do otherwise and infringe upon such rights by Federal or State law enforcement agencies acting under new powers created by the USA Patriot Act or by Executive Order; and BE IT FURTHER RESOLVED that our Federal legislative delegation is petitioned to actively monitor the implementation of the USA Patriot Act and any new legislation or related Executive Order, and actively work for the repeal of those portions that violate the guaranteed civil liberties enumerated in the Bill of Rights; and BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this Resolution to all Federal and State law enforcement agencies, the Governor's office, and to the California Federal legislative delegation, PASSED AND ADOPTED by the Saratoga City Council, State of California, this 3rd day of September 2003, by the following vote: AYES: NOES: ABSENT: · ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk · EFF: The USA PATRIOT Act Page I of 4 ( . The USA PATRIOT Act The USA PATRIOT Act broadly expands law enforcement's surveillance and investigative powers and represents one of the most significant threats to civil liberties, privacy and democratic traditions in U.S. history . What is USAP A? " USA.PA (officially the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act) was quickly developed as anti-terrorism Jegislation in response to the September II, 2001 attacks. The large and complex law received little Congressional oversight and debate, and was signed into law by President Bush Oct. 26, 200 I, USAPA gives sweeping anti-privacy powers to domestic law enforcement and international intelligence agencies and eliminates checks and balances that previously gave courts the opportunity to ensure that those powers were not abused. USAP A and follow-up legislation now in development threaten the basic rights of millions of Americans. Why is EFF concerned about USAPA? Under USAP A, civil liberties, especially privacy rights, have taken a severe blow: . · The law dramatically expands the ability of states and the Federal Government to conduct surveillance of American citizens. The Government can monitor an individual's web surfing records, use roving wiretaps to monitor phone calls made by individuals "proximate" to the primary person being tapped, access Internet Service Provider records, and monitor the private records of people involved in legitimate protests. · USAPA is not limited to terrorism. The Government can add samples to DNA databases for individuals convicted of "any crime ofvioJence." Government spying on suspected computer trespassers (not just terrorist suspects) requires no court order. Wiretaps are now allowed for any suspected violation of the Computer Fraud and Abuse Act, offering possibilities for Government spying on any computer user. · Foreign and domestic intelligence agencies can more easily spy on Americans. Powers under the existing Foreign Intelligence Surveillance Act (FISA) have been broadened to allow for increased surveillance opportunities. FISA standards are lower than the constitutional standard applied by the courts in regular investigations. USAPA partially repeals legislation enacted in the 1970s that prohibited pervasive surveillance of Americans, · USAPA eliminates Government accountability. While USAPA freely eliminates privacy rights for individual Americans, it creates more secrecy for Government activities, making it extremely . difficult to know about actions the Government is taking, · USAP A authorizes the use of "sneak and peek" search warrants in connection with any Attachment 3 http://www. eff orgli ssueslusapal 8/19/2003 , · · · EFF: The USA PATRIOT Act Page 2 of 4 federal crime, including misdemeanors. A "sneak and peek" ~arrant authorizes law enforcement officers to enter private premises without the occupant's permission or knowledge and without informing the occupant that such a search was conducted. · The Department of Justice, with little input from Congress and the American people, is , developing follow-on legislation - the Domestic Security Enhancement Act (nicknamed Patriot II) -- which would greatly expand USAPA's already sweeping powers. Since USAP A became law: · Branch libraries in Santa Cruz (CA) County have posted signs warning patrons that "although the Santa Cruz Library makes every effort to protect your privacy, under the federal USA PATRIOT " ACT (Public Law 107-56), records of the books and other materials you borrow from this library may be obtained by federal agents." · USAPA gives corporations, businesses and merchants justification to track the activities of employees and customers and requires banks and other financial institutions to monitor and report "suspicious" activity. . · The Defense Advanced Research Projects Agency (DARPA) has started developing a system known as "Total Information Awareness" (TIA), which would mine and collect vast amounts of information about individuals Americans and create a massive domestic surveillance system. DARPA recently issued its report to Congress regarding the renamed "Terrorism Information Awareness" program. The report, mandated by Congress and written to "assess tþe likely impact of the implementation" ofTIA on civil liberties and privacy, was an opportunity for DARPA to review and require accountabilities for each TIA components. While DARPA has talked about the need for operational or technical (as opposed to legal) TIA privacy safeguards for some time (and deserves credit for having done so), EFF is disappointed by the superficiality of the Report's discussion and concerned about how TIA will affect the privacy of ordinary Americans. · The Transportation Security Administration has proposed the Computer Assisted Passenger Prescreening System II, or CAPPS II. The system would use public and private databases to rate passengers by color codes, which could be used by airlines to determine whether a passenger is allowed to board a flight or be subjected to additional questioning. · The U.S. State Department has cooperated with the Immigration and Naturalization Service to round up thousands of aliens suspected of terrorism, although most have been either released, given minor charges, or deported on visa or other technical violations. What EFF has done: · EFF assisted Reef Seekers Dive Co. in resisting a federal grand jury subpoena demanding that the dive shop identifY everyone who had taken, but not finished, its recreational dive classes over the last three years. The subpoena appears to have been based on fears that a terrorist attack using underwater explosives could be carried out by partially-trained, recreational divers. After a call from the EFF, U.S, Attorneys withdrew the subpoena, and it has not been reissued, · A coalition of civil liberties organizations -- including EFF -- arguing against the Department of http://www . eff. orgli ssues/usapal 8/19/2003 EFF: The USA PATRIOT Act Page 3 of 4 , Justice in favor of citizens' rights, submitted a brief of amicus curiae in Sept. 2002 related to Foreign Intelligence Surveillance Court-authorized surveillance. The FISA appeals court accepted . the brief, giving the public an unprecedented opportunity to participate in a FISA appeal. · EFF submitted comments to the Government criticizing the collection of air passenger and other information related to the development of CAPPS II and is working with other civil- liberties groups to protect the privacy of travel information. · EFF is working with various groups to create "best practices" for anonymizing or encrypting IP logs so that ISPs and other service providers (like Google) have less information, of interest to the Government. · EFF has published a critical review ofDARP A's report on TIA explaining how the report fails to address many privacy and civil liberties concerns, · EFF is encouraging businesses to use privacy-enhancing database techniques that expose less of people's personally identifiable information, · EFF supports the Freedom to Read Protection Act, the Domestic Surveillance Oversight Act, and the Data-Mining Moratorium Act. Driving EFF action is a belief that: · Rapidly advancing technology has made surveillance cheaper and easier to conceal. . · Fourth Amendment law has not kept up with technology. · Law enforcement and intelligence agencies must use these new powers carefully and limit their use to bona fide investigations into acts of terrorism, Iflaws are misused to spy on innocent people, courts must appropriately punish those who misuse them; Congress must reexamine its decision to grant such broad, unchecked powers. · Many vague, undefined terms in USAP A must be defined in favor of protecting civil Jiberties and privacy of Americans. · ISPs and others served with "roving" wiretaps and other unspecific orders must require the Attorney General provide certification that an order properly applies to them, · Congress must require law enforcement and intelligence agencies to report on their use of these new powers. Why should you be concerned? · The U.S. Government - at state and Federal levels - now have more opportunities to watch what you're doing without 1egal justification, · Businesses and merchants are implementing methods to track your purchasing and job-related activities. . http://www . eff. orgli s sueslu sapa! 8/1912003 \ e e . EFF: The USA PATRIOT Act Page 4 of 4 · Law-abiding Americans with no ties to terrorist organizations are being detained and held without due process under USAP A's exceedingly vague definitions, What should you do about it? · Join EFF - We're actively engaged in trying to challenge the U.S, Department ofJustice's implementation of the USAPA. We're involved with major legal actions based on USAPA brought by theU.S, Government against individuals. We're working hard to influence the directions of PATRIOT II, the follow-up legislation now being drafted. . . · Tell your elected officials that you won't trade your civil liberties for vague assurances of greater security, Tell them not to repeat the USAP A mistake -- rhetoric and promises are no substitute for facts and logic. For more information: EFF resources · EFF review of May 20 TlA report · EFF letter to Congress opposing TlA · EFF analysis ofUSAPA provisions related to online activities · "Son of Patri ot Act" bri ef summary · EFF calls for ongoing oversight ofUSAPA · Full EFF archive - "Censorship & Privacy - Terrorism & Militias" Other resources · Electronic Privacy Information Center USAP A page · American Civil Liberties Union USAPA page · FindLaw's Writ - Patriot II: The Sequel Why It's Even Scarier than the First Patriot Act http://www ,eff. orgli ssueslusapa/ 8/19/2003 " . . . SARA TOGA CITY COUNCIL MEETING DATE: September 3, 2003 AGENDA ITEM: ORIGINATING DEPT: City Attorney PREPARED BY' ~~~ Cath r k CITY MANAGER: DEPT HEAD: 2l ¿?J~ SUBJECT: City Manager Employment Agreement RECOMMENDED ACTION: Authorization to Mayor to execute agreement with Dave Anderson, City ManageL REPORT SUMMARY: The attached agreement reflects direction from the City Council and has been approved as to form by the City Attorney. FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: An agreement would not be executed. ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: City Clerk wiJl forward a certified copy of the fully executed agreement to City Manager. ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: Attachment A - Agreement 08/28/2003 , ¿ . . AMENDED AND RESTATED AGREEMENT FOR EMPLOYMENT OF CITY MANAGER This agreement was first made and entered into the 2]st day ofJuly 2000 by and between the CITY OF SARATOGA (the "City"), a general law city, and DAVID ANDERSON ("ANDERSON") with an effective date of August 21, 2000 and was subsequently amended September 20,2000, September 5,2001, September ]8, 2002, and November 7, 2002, This amended and restated agreement ("Agreement") incorporates all prior amendments and additional amendments agreed to by Anderson and the City and shall have an effective date of September 1, 2003 and supersede alJ prior agreements between the parties. " ' In consideration of the mutual covenants contained herein, the parties agree as folJows: L EMPLOYMENT A. Appointment of Citv Manager. The City Council of the CITY hereby appoints DAVID ANDERSON to the position of City Manager to perform the functions and duties specified under the laws of the State of California, the Saratoga City Code, the Ordinances and Resolutions of the CITY, and this Agreement and to perform such other duties and functions as the City Council shalJ from time to time assign, ANDERSON shalJ serve at the pJeasure of the City Council. . B. Term of Agreement. 1. The term of this Agreement shalJ commence August 21, 2000 and shalJ continue until terminated by CITY or ANDERSON as discussed below. 2. Nothing in this Agreement shalJ prevent, limit or otherwise interfere with the right of the CITY to terminate this Agreement without cause at any time, or the right of ANDERSON to resign at any time from his position. Any such termination or resignation shalJ be in accord with Section I.C, below. . Page] of7 · 08/28/2003 . C. Termination of Employment. · · 1. The City Council may terminate this Agreement without cause upon advance written notice, setting forth the effective date of ANDERSON's removal, consistent with Section 2-20.080 of the Municipal Code, as it may be amended, from time to time. The period of August 21, 2000 through August 21,2001 shall be considered a probationary term, If the CITY terminates ANDERSON following the probationary term, then ANDERSON shall be entitled to a severance payment equal to three (3) months salary, and the continuation of the Health Insurance, Life and Accidental Death Insurance, and Dental Insurance benefits specified in specified pursuant to Section III.B.I for a three (3) month period after termination; provided, that if ANDERSON accepts any new, regular, full-time employment in any capacity, public or private, or enters into an employment arrangement intended by the parties to evolve into regular full-time employment, during the term in which severance payments are being made and severance benefits offered, the severance pay and benefits shall cease upon the date of acceptance of such employment or arrangement. The number of months upon which the severance payment is based and severance benefits are to be offered shall be increased by one (I) on August 21,2002 and yearly thereafter through 2004. From and after August 21, 2004 the number of months upon which the severance payment is based and severance benefits are to be offered shall remain at six (6). The severance payment shall be paid in monthly installments with the first installment to be paid within ten (10) days ofthe effective date of the removal. The severance payment shall be based on ANDERSON's then monthly salary. Severance benefits shall begin the first of the month succeeding the effective date of the removal, except for health and dental which begin the first of the second month succeeding the effective date of the removal. In addition to any severance benefits and notwithstanding Section UI,B of this agreement, ANDERSON shall also be paid for all accrued, but unused, annual leave time, in full. Such severance pay, benefits, and accrued leave payout shall not be due or payable if ANDERSON is terminated after being convicted of a feJony or a misdemeanor involving moral turpitude. 2, If a majority of the City Council requests the resignation of ANDERSON, then ANDERSON may, at his option, deem himself terminated within the meaning of Section I .C.!. Page 2 of7 08/28/2003 , , 3, ANDERSON may terminate this Agreement by giving the CITY . thirty (30) days written notice in advance of termination, at the end' of which period this Agreement will terminate, unless the CITY and ANDERSON otherwise agree. II. POWERS, DUTIES AND RESPONSIBILITIES A. Employment Duties. .,. ANDERSON shall function as the City Manager of the CITY and shall be vested with the powers, duties and responsibilities set forth in Article 2-20 of the Municipal Code and California law as they now exist and may be amended hereafter, the terms of which are incorporated herein by reference. In addition, ANDERSON shall perform such other duties as may be assigned by the City Council and which are consistent with the position of City Manager, without additional compensation. Such duties shall include, but not be limited to, the following: 1. Assemble and explain pertinent facts and prepare committee reports as required; 2. Prepare agendas for Council meetings and advise Council on . appropriate priorities and required actions; 3. Direct City Clerk in preparation for City Council meetings, maintenance of official records, conduct of municjpa! elections and execution of related functions 4. Represent the City Council jn relationships wjth other governmental and private agencies; 5. Confer with and direct all department heads in the formation and implementation of administrative policies and practices; 6. Prepare and submit the annual budget; 7. Represent City to press and other information media as required; 8, Meet with jndividual citizens groups to discuss complajnts and explain City policy; and 9. Administer any bonds approved by the voters of the CÜy. B, Hours of Work. ANDERSON is expected to devote necessary time outside norma] office hours to business ofthe CITY. To that end, ANDERSON shall be allowed flexibility in setting his own office hours, provided that ANDERSON shall work as necessary during customary business hours to satisfactorily perform his duties and responsibilities as City Manager. . Page 3 of? . Ill. . IV. . 08/28/2003 COMPENSATION OF ANDERSON. A. Salary. 1. ANDERSON shall receive a salary of One Hundred Thirty-Nine Thousand Nine Hundred and Thirty-Two Dollars ($139,932) per year. The salary shall be paid in bi-weekly installments. . 2. ANDERSON shall be eligible for a bonus in an amount to be determined by the City Council up to Seven Thousand Dollars ($7,000.00) per year. Award of the bonus shall be based upon the City Council's evaluation of ANDERSON's performance during the review period preceding the award ofthe bonus. In light of current limitation on City revenues ANDERSON has requested that no bonus be paid for his performance in the evaluation period ending August 6, 2003 and the City has agreed, 3. In the event the City, at any time during the term of this Agreement, reduces the salary specified in section III. A. I of this Agreement or benefits specified in section III.B of this Agreement, then ANDERSON may, at his option, be deemed to be "terminated" by the City Council within the meaning of Section Le.I of this Agreement as of the date of such reduction. B. Benefits. ANDERSON shall be entitled to the same employee benefits as other Saratoga employees who are represented by the Saratoga Manager's Organization (SMO), as detailed in Sections 3 and 6 of the April 16, 2003 Letter of Understanding (LOU) between the City and SMO except that notwithstanding anything in that MOU, Anderson shall: 1. Not receive a monthly expense allowance of $3 50, but shall receive a vehicle allowance of$450 month]y for business re]ated vehicle costs; 2, Accrue annual leave at a rate of216 hours per year; and 3, As of September 18, 2002 receive a one-time credit of 80 hours of annual leave. PERFORMANCE EVALUATION A. The City Council shall review and evaluate the performance of ANDERSON annually in July or August. ANDERSON will timely cause to be placed on the City Council agenda each year a "closed session" for Page 4 of7 08/28/2003 J the purpose of the performance evaluation. Said review and evaluation . shaH be in accordance with specific criteria deve]oped joint]y by ANDERSON and the City Council and shall include a discussion of ANDERSON's overall compensation package and salary, Those criteria may be added to or deleted from as the City Council may from tÜ;ne to time determine in consultation with ANDERSON, V. MISCELLANEOUS PROVISIONS. A. Administration, This Agreement shall be administered by the City .,. Attorney of the City of Saratoga ("Administrator"). AH correspondence from ANDERSON to the City shaH be directed to or through the Administrator or his or her designee, B, Notices, Any written notice to ANDERSON shall be sent to: David Anderson Clo City HaH 13777 Fruitvale Avenue Saratoga, CA 95070 Any written notice to City shall be sent to: City Attorney . City of Saratoga 13777 Fruitva]e Avenue Saratoga, CA 95070 With a copy (which shall not constitute notice) to: Richard S. Taylor City Attorney City of Saratoga Shute, Mihaly & Weinberger LLP 396 Hayes Street San Francisco, CA 94102 C. Conflict ofInterest. ANDERSON warrants that he presently does not have and will not acquire any direct or indirect financial interest which would conflict with his performance of this Agreement. D. Assignment Prohibited, No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. . Page 5 of? 08/28/2003 . . E. Documents, All documents provided to ANDERSON by the City and all reports and supporting data prepared by ANDERSON for the City are the sole property of the City and shall be delivered to the City upon termination of this Agreement or at the City's written request. All confidential reports, information, exhibits and data, including but not limited to electronic data, prepared or assembled by ANDERSON while he serves as City Manager are confidential until released by the City to the public, and ANDERSON shall not make any of these unreleased, documents or information available to any individual or organization, other than the City Attorney without prior written consent of the City Council. F. Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that tenn, covenant, or condition, and no waiver or relinquishment of any right or power on any given occasion shall be deemed a waiver of relinquishment of that right or power on any subsequent occasions. G. Entire Agreement. The text herein shall constitute the entire Agreement between the parties. . H. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the parties. 1. Severabilitv, If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceabJe, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. J. Attorneys Fees, In the event that either party to this Agreement brings a lawsuit to enforce or interpret any provisions of this Agreement, each party shall bear its own attorneys' fees, expenses, and costs. K. Governing Law, This Agreement shall be governed by the laws ofthe State of California, L. Interpretation. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party. In witness whereof, the City has caused this amendment agreement to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and ANDERSON has signed and executed this amendment agreement effective September 1, 2002. . Page 6 of? DAVID ANDERSON David Anderson Date CITY OF SARATOGA Nick Streit Mayor ATTEST: Cathleen Boyer Date City Clerk APPROVED AS TO FORM: 08/28/2003 Date' Date Richard S. Taylor City Attomey Page 7 of? j . e e e SARA TOGA CITY COUNCIL ORIGINATING DEPT: City Manager's Office PREPARED BY: ~( Cathleen Bo i AGENDA ITEM: CITY MANAGER: c;;¡? -Y' ¿::;:-;¿ 2L MEETING DATE: September 3,2003 DEPT HEAD: SUBJECT: Claim of Mary Feinstein; Claim No. GL-054729 RECOMMENDED ACTION: Authorize Association of Bay Area Governments (ABAG) to reject claim. REPORT SUMMARY: On March 28, 2003 a claim was filed against the City of Saratoga. The claimant asserts that a tree in her yard died as a result of work reportedly performed by the City on Quarry Creek approximately ten years ago. e The City's claims examiner reviewed an documents provided by the claimant and City staff, and recommends that the City Council reject the claim. FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim win not be settled. ALTERNATIVE ACTION: The City Council could decide to settle the claim by paying damages, FOLLOW UP ACTION: Process rejection notice. ADVERTISING, NOTICING AND PUBLIC CONTACT: . NIA ATTACHMENTS: None . . . PREPARED BY: Lorie Tinfow SARATOGA CITY COUNCIL AGENDA ITEM:.--2M CITY MANAGER: ,¿7..;7 ¿::::---'/ DEPTHE~dl\~ MEETING DATE: September 3,2003 ORIGINATING DEPT: City Manager's Office SUBJECT: Statement of City SupportJor the Retention of the California Specialized Training Institute in the State Budget ., RECOMMENDED ACTION(S): Authorize Mayor to sign letter of support for retaining the California Specialized Training Institute within the State's budget. REPORT SUMMARY: The State of California is considering cutting funding for the California Specialized Training Institute (CST!) from the State's budget. CSTI is the premier training facility and program for preparing City officials to respond effectively to emergencies such as earthquakes, floods or terrorist attacks. Saratoga City staff have attended trainings in the past, and two staff and a PubJic Safety Commissioner are registered for training this month. The text of the proposed letter is attached. FISCAL IMP ACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Saratoga would not voice support for retaining CST!. ALTERNATIVE ACTION(S): Choose not to send a letter. FOLLOW UP ACTION(S): Staff will finalize the letter content and prepare for the Mayor's signature. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: . Copy of text for proposed Jetter regarding CST!. August 28, 2003 . The State of California's international reputation as a leader in emergency planning and respønse is in jeopardy. California Specialized Training Institute (CST)), the primary professional training program used by police and fire departments, emergency managers, businesses and non-profit organizations throughout Ca]ifomia, is about to be eliminated by the Department of Finance. The City of Saratoga joins the Santa Clara County Emergency Manager's Association in strongly urging that this decision be reversed for the following reasons: · CSTI has a state-of-the-art training facility that would be impossible to duplicate in many jurisdictions. · The training and lodging are cost effective and accessible to the entire state. · Training programs are considered industry standards for certification for Jaw, fire and emergency management. · Course graduates return to their jurisdictions and train hundreds of others with materials and concepts they might not nonnally have available to them. · Many jurisdictions do not have the funds, staff or expertise to develop and coordinate local training. · Networking and infonnation sharing with representatives ITom across the state, nation and world facilitate . Standardized Emergency Management System concepts ofMutuaJ Aid and multi-agency /inter-agency coordinati on. · CSTI instructors are subject matter experts who support emergency management through: 1. Mutual aid to cities and counties during disasters 2. Staffing of the State and Regional Emergency Operations Centers 3. Research and development of curriculum based on suggestions and feedback of user organizations (Terrorism, Basic Emergency Management) 4. Coordination with organizations to develop statewide standards (SEMS revisions) I urge you to continue to support California's high training standards and quality emergency/disaster response and coordination by continuing to include CSTI in the budget. Sincerely, NICK STREIT Mayor Cc: City Council City Manager . · · · · SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: ~ CITY MANAGER: r;;;:¿~Á- DEPTHEAD: ~ -l~ September 3, 2003 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP SUBJECT: Major Update and Amendment to Section 15-50, Tree Regulations and Adoption of an Environmental Determination RECOMMENDED ACTION: 1. Conduct the Public Hearing 2. Adopt the attached Resolution Granting Negative Declaration of Environmental Impact to the Ordinance Amendment, and 3. Introduce the Ordinance, waiving First Reading and direct Staff to place the ordinance on the Consent Calendar for the regular City Council meeting of September 17, 2003 for second reading and adoption. CEQA: Staff has prepared and attached an Initial Study and Negative Declaration of Environmental Impact related to the proposed Ordinance amendment. As the proposed amendments constitutes a major update and re-write to the existing Tree ReguJations, the ordinance is not categorically exempt from the requirement of the California Quality Act (CEQA). In preparing the Initial Study, Staff found no significant negative environmental impacts associated with the adoption of the proposed ordinance. REPORT SUMMARY: The Planning Commission on October 23, 2002 adopted a Resolution recommending the City Council update and amend the City's Tree Ordinance. The City Council appointed a ad hoc committee comprised of Mayor Streit and Council Member King to work with Staff to review the proposed amendments to the Tree Regulations. The Committee has concluded its work. The most significant redirection has to do with noticing. It is now proposed that "Native" trees or ordinance size (six inches diameter at breast height) must be noticed to all property owners within 150 feet of the property where the tree is located. For the past year it has become increasingly clear that the City's Tree Regulations, Article 15-50 of the Saratoga Code were in need of a major rewrite. Recently, the Planning Commission established a Sub-Committee to work on updating the Tree Regulations. This Sub-Committee consisted of Lisa Kursch, Jill Hunter, Mike Garakani and myself. . Approximately ten years ago a great effort was made in this regard, the work that Commissioner . Kursch and others accomplished 10-years ago allowed the Sub-Çommittee to move rapidly toward having a draft ordinance before the Planning Commission for Public Hearing and subsequent recommendation to the City Council. The revised tree regulations in part accomplish the following: · Changes where and how tree sizes are measured to be consistent with International Society of Arborist (ISA) standards, Diameter at Breast Height (DBH) which is four and one-halffeet from the ground at the high side of the tree if the ground is sloping. · The diameter size of an ordinance protected Oak is proposed to be change to protected native tree and reduced to 6-inches from lO-inches. · Other trees will be protected at a diameter size of lO-inches. This is reduced from 12- inches. Moving the location of measurement from 2-feet above grade to 41/2 feet above grade accounts for some of the reduced size. · The revised Tree Regulations will include a much-expanded set of definitions. The current ordinance has four definitions,while the revised ordinance has 22. · Greater detail is provided regarding minimum information to be provided on a site plan. · It establishes a NOTICE requirement for Tree Removal permit application. · The revised regulations would provide that any pruning of a tree's crown that is greater than 20% of the crown in any single year of growth period would require a Pruning Permit. The pruning of fruit and nut trees is exempt. · A Pruning Permit and noticing will be required for any pruning of trees ·Iocated ona neighboring property. · Excavations or hardscape surfaces are not allowed within the root zone of any protected tree. · The revised ordinance provides the authority to require arborist reports for development projects. · The revised ordinance requires the submittal of a complete Tree Preservation Plan for development projects. · The ordinance calls for the establishment of a Tree Fund, separate and distinct from the General Fund. · The ordinance increases the violation from an infraction to a misdemeanor unless in the discretion of the enforcing authority the violation should be charged and prosecuted as an infraction. A misdemeanor can always be reduced to an infraction by a Judge or dismissed by the City Attorney as part of a negotiated settlement · The revised ordinance also requires that not only do any businesses, which remove protected trees or performs pruning on protected trees have a City Business License, but also that they have a Certified Arborist on staff in a supervisory role. Staff has used the strikethrough/bold italics to demonstrate what is being deleted from the existing ordinance and what is being added to the existing ordinance. 2 of 17 .,. . . e . . 15-05.020 Purposes of Chapter. The purposes of this Chapter shall be to promote and protect the public health, safety, peace, comfort, convenience, prosperity and general welfare, including the following more specific purposes: (a) To control the physical development of the City in such a manner as to preserve it as essential1y a residential community with a rural atmosphere. (b) To achieve the arrangement ofland uses depicted in the General Plan. (c) To foster a hannonious, convenient, workable relationship among land uses. (d) To promote the stability of existing land uses which confonn with the General Plan, and to protect them from inhannonious influences and harmful intrusions. (e) To ensure that public and private lands ultimately are used for the purposes, which are most appropriate and most beneficial rrom the standpoint of the City as a whole. (f) To prevent population densities in excess of those prescribed in the General Plan, and to maintain a suitable balance between structures and open spaces on each site. (g) To ensure adequate light, air and privacy for each dwelling unit. (h) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them. (i) To facilitate the appropriate location of community facilities and institutions. (j) To provide for adequate off-street parking and loading facilities. (k) To provide for the orderly, attractive development of commercial facilities in those areas where pelmitted by the General Plan. (I) To exclude new industrial development in order to preserve the essential residential character of the City. (m) To preserve the natural beauty of the City. (n) To ensure that uses and structures enhance their sites and hannonize with improvements in the surrounding area. (0) To protect and enhance real property values within the City. (P) To protect and preserve heritage trees, natives and other significant trees throughout real property development planning and implementation processes. 15-45.070 Application requirements. (a) Application for design review approval shall be filed with the P1anning Community Development Director on such fonn, as he shal1 prescribe. The application shall include the fol1owing exhibits: (1) Site plan showing (i) property lines, (ii) easements and their dimensions, (iii) underground utilities and their dimensions, (iv) structure setbacks, (v) building enveJope, (vi) topography, (vii) species, trunk diameter, canopy driplines, locations, and diameter of all trees ewer twelve inches in diameter measuring at least (10) inches, as measured two feet at four and one-half (4 Yz) feet above natural grade (DBH), and all native trees measuring at least six (6) inches, as measured atfour and one-halffeet above natural grade while standing on the high side of the tree, (viii) areas of dense vegetation and creeks and (ix) riparian corridors. 3 of 17 (2) A statement of energy conserving features proposed for the project. Such features may include, but are not limited to, use of solar panels for domestic .hot water or space heating, passive solar building design, insulation beyond that required under State law, insulated windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by the Plar..ning Director Community Development Director,. (3) Elevations of the proposed structures showing exterior materials, roof materials and window treatment. (4) Cross sections for all projects Jocated on a hillside Jot, together with an aerial photograph of the site if requested by the Planning Director Community Development Director. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (6) Floor plans that indicate total gross floor area, determined in accordance with Section 15- 06.280 of this Chapter. (7) Roofplans. (8) Landscape and irrigation plans for the site, showing the location of existing trees proposed to be retained on the site, the location and design of landscaped areas, types and quantities of landscape materials and irrigation systems, appropriate use of natives and water conserving materials and irrigation systems and all other landscape features. (9) Tree preservation plan, as required in Article 15-50.130. f9j (10) Preliminary title report showing all parties having any interest in the property and any easements, encumbrances and restrictions which benefit or burden the property. fW1 (11) such additional exhibits or information as may be required by the Plar..ning Direetor Community Development Director. All exhibits shall be drawn to scale, dated and ~igned by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and eJewmfifteen reduced sets on sheets eleven inches by seventeen inches in size. ElB (12) a geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the City Engineer. W (a) the application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council. (Amended by Ord. 71-106 § 9, 1992) 15-45.080 Design Review findings. The Planning Commission shall not grant design review approval unless it is able to make the following findings: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds will avoid unreasonable interference with views and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. 4 of 17 e ., . . . e e . (c) Preserve native and heritage trees. All heritage trees designated for protection pursuant to Section 15-50.020 OJ will be preserved. All native trees designated for protection pursuant to Section 15-50.050 will be preserved, or, given the constraints of the property, the number approved for removal will be reduced to an absolute minimum. Removal of any smaller native trees deemed to be in good health by the City Arborist will be minimized using the criteria set forth in Section 15-50.050. ~ (d) Minimize perception of excessive bulk. The proposed main or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. (df (e) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. fe1 (j) Current grading and erosion control methods. The proposed site developrnent or grading plan incorporates current grading and erosion control standards used by the City. tf1 (g) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055. (Amended by Ord. 71.99 § 27, 1991) 15-46.030 Application requirements. (a) Application for design review approval shall be filed with the Community Development Director on such form, as he shall prescribe. The application shall include the following exhibits: (1) A site plan showing property lines, easements, dimensions, topography, and the, proposed layout of all structures and improvements including, where appropriate, driveways, pedestrian walks, parking and loading areas, landscaped areas, fences and walls, and the location of all ordinance sized trees over twelve inehes in diameter as measured twe four and one-half feet above natural grade while standing on the high side of the tree (DBB). The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of parking and loading areas, the location and dimension of each parking and loading space, and areas for turning and maneuvering vehicles. (2) Architectural drawings or sketches showing all elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and illumination of all signs shall be indicated. (3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, the location and design of landscaped Moas and the varieties of plant materials to be planted thereiJ1, types and quantities of landscape plants and materials and irrigation systems, appropriate use of native, and water conserving plants and materials and irrigation systems, and all other landscape features. (4) Cross sections for all projects located on a hillside lot. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (6) Floor plans showing total gross floor area, determined in accordance with Section 15-06.280 of this Chapter. (7) Roofplans. 5 of 17 (8) Such additional exhibits or information as may be required by the Plæmi¡¡g Director Community Development Director or the Planning Commission. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and ten ' 15 sets on sheets eleven inches by eighteen seventeen inches in size. (b) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit toward the expense of noticing the public hearing as determined by the Planniag Director Community Development Director. e ". 15-46,040 Design criteria. In reviewing applications for design review approval under this Article, the Planning Commission shall be guided by the following criteria: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. (b) Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the extent possible, it shall be clustered in natural appearing _ groups, as opposed to being placed in rows or regularly spaced. ' .. (d) Colors of wall and roofing materials shall bJend with the natural landscape and be nonreflective. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. (f) The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. Article 15-50 TREE REGULATIONS 15-50.010 Findings; purposes of Article. 15-50.020 DefiniÛons. 15-50.030 Application of Article. 15-50.040 Street trees. 15-50,050 Removal of certain trees without permit. 15-50.060 Exceptions. . 60f!7 . . . 15-50.070 Application for permit. 15-50.080 Determination on permit. 15-50.090 Appeals. Development or improvement projects 15-50.100 No liability apen City. Appeals 15-50.11 0 Sethaek of new construetion from existing trees. No liability upon City 15-50.120 Violations; pefJaJties.-Setback of new construction from existing trees 15-50.130 Arborist Report 15-50.140 Tree Preservation Plan 15.50-160 Tree Fund 15.50-170 Enforcement 15.50-180 Violations; penalties and remedies 15.50-190 Tree Companies Operating in the City 15.50-200 Possession of an Approved Tree Removal Permit 15-50.010 Findings; purposes of Article. The City Council finds that the City is primarily a residential community; that the economics of property values is inseparably connected with the rural attractiveness of the area, much of which is attributable to the wooded hillsides and the native and ornamental trees scattered located throughout the City; that the preservation of such trees is necessary for the health, safety and welfare of the residents of the City in order to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazards and the risk oflandslides, counteract pollutants in the air, maintain the climatic balance and decrease wind velocities. It is the intent of this .^Jticle to establish reglllations for the installation, maintenance, preservation and remo':al of trees withi¡¡ the City, eonsistent \vith the reasonable use of private property. To complement and strengthen zoning, subdivision and land use standards and regulations, while at the same time recognizing the rights of private property ownership, the City Council adopts this ordinance to establish basic standards and measures for the maintenance, removal, 7 of 17 and replacement of trees. Thus, this ordinance is designed to providè a stable and sustainable . urban forest to preserve and protect significant historic heritage values, and to enhance the unique aesthetic character and environment of this City. 15-50.020 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) "Agricultural tree" means a fruit or nut tree grown for the production of fruit or nuts. (b)"Approving body," means anyone of the following: City Council, Planning Commission, or the Community Development Director. (c) "Arborist Report" means a report prepared by a certified arborist containing specific information on the location, condition, structure, potential impacts of development, and recommended actions and mitigation measures regarding one or more trees on an individual lot or project site. (d) "Bond or security deposit" means a financial instrument which guarantees a future condition and includes an irrevocable letter of credit, a passbook or cash. (e)"DBH" means diameter at breast height. It is the diameter of a single stem trunk tree measured at four and one-half (4 %) feet above the ground while standing on the high side of the tree. The diameter may be calculated using the following formula: Diameter = Circumference /3.142 To measure trees with multi-stem trunks, the tree diameter equals the full diameter of the largest trunk plus 50% of the diameter of all other trunks on the tree; each trunk is measured atfour and one-half(4 %) feet above the ground while standing on the high side of the tree. (j)"Damage" means any action undertaken which causes short term or long term injury, death, or disfigurement to a tree. This includes, but is not limited to: cutting of roots or limbs, poisoning, over-watering, relocation, or transplanting a tree, or trenching, grading, compaction, excavating or paving within the protected zone of a tree. (g) "Destroy" means to cause the premature decline of tree health or life as evaluated and determined by the City Arborist. (h) "Dripline" means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. (i) "Encroachment" means any intrusion or human activity occurring within the root zone of a tree, including, but not limited to structural pruning in excess of International Society of Arboriculture (¡SA) Standards, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements within the root zone of a tree (j) "Heritage tree" means any tree of historic significance as a tree having historic value related to the heritage of the City and designated by action of the City Council upon recommendation of the Heritage Preservation Commission. 8 of 17 ". e . e e . (k) "ISA Pruning Standards" or "Pruning Standards" means the most current edition of those pruning standards established by the Western Chapter of the International Society of Arboriculture dated 1994, as revised by the Society from time to time. (I) "Native tree" means Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Tan Oak (Lithocarpus densiflorus), Black Oak (Quercus kellogi), Blue Oak (Quercus douglasi), Scrub Oak (Quercus dumosa), Big Leaf Maple (Acer macrophylhum), California Buckeye (Aesculus californica), and Coast Redwood (Sequoia sempervirens). (b) Oak tree means Valley Oale (Quercus lobata), California Liye Oak (Quercus agrifolia), and any other trees of the Oall genus. (m) "Oak tree" or "Oak" means any native oak tree of the Genus Quercus, as further described in the Tree Preservation and Protection Guidelines, regardless of size. This definition shall not include oak trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (m) "Project site" means the site of the proposed tree removal, encroachment or development activity. (n) "Protected tree," means any tree consisting of any of the following: (1) Any native tree having one or more stems or trunks which six (6) inches DBH or greater (2) Any other tree having one or more stems or trunks which ten (10) inches DBH or greater. (p)"Pruning" means any and all work performed on the roots, branches or limbs of a protected tree. (q) "Removal" means the physical removal of a tree or causing the death of a tree through damaging, encroaching or other direct or indirect action. (r) "Root zone" means a specifically defined area totally encompassing a tree protected by this Article within which work activities are strictly controlled. When shown on a map, the protected zone appears as an irregularly shaped circle that follows the contour of the tree canopy and extends no less than five (5) feet beyond the dripline of the tree and extends inward to the trunk of the tree, or as otherwise determined by the City Arborist. (s) "Routine maintenance" means actions needed for the continued good health of a tree including, but not limited to, removal of deadwood, insect control, spraying and watering. fej (t) "Street tree" means any tree within the Public Street or right-of-way. fè1 (u) "Shruh" means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at maturity. The Plar.ning DirÐÐtor City Arborist shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub. (v) "Structural Pruning" means to maintain the size of lateral branches to less than three- fourths the diameter of the parent branch or trunk. W (w) "Tree" means a woody perennial plant characterized by having a main stem or trunk, or a multi-stemmed trunk system with a more or less definitely formed crown, and is usually over ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (x) "Tree fund" means a City-held monetary account maintained separately and independently from other City funds. The express functions of the Tree fund are: (1) To receive and hold any fines, penalty assessments or civil penalties for violations of Article15-50 of this code; (2) To receive and hold monetary valuations and payments for replacement trees pursuant to Section 15-50.160 or 15-50.180, as prescribed by the Community Development Director, or as a condition 9 of 17 of development approval; and (3) To pay for new or replacement trees, their planting and A maintenance, as determined by the Community Development DÙ:ector, on public properties, .. streets, easements and dedicated open spaces. (y) "Tree Preservation aild Protective Guidelines" means the policy established by the City' Council and adopted by resolution pursuant to section 15-50.150, and the administrative procedures and rules established by the Community Development Director for implf!menting this Article 15-50 of the City Code. (z) "Tree Preservation Plan" means a detailed plan containing all protective nleasures to be implemented before, during, and, after construction activities including provision for future maintenance, to preserve and protect all trees to be retained on any project site. ". 15-50.030 Application of Article. This Article shall apply to every owner of real property within the City, and to every person responsible for removing a tree regardless of whether such person is engaged in a tree removal business. 15-50.040 Street trees. (a) Policies and standards. The Planning Director shall implement policies and standards for street tree planting and maintenance as established from time to time by resolution of the A Planning Commission or City Council. '.. (b) Planting required condition of approval. The planting of street trees may be required as a condition of any approval granted under this Chapter. (c) Responsibility for maintenance. The City shall provide maintenance for street trees located within a commercial district and on arterial roads, unless such maintenance responsibility has been assumed by a property owner or other person under a landscape maintenance agreement with the City. In all other areas of the City, the City shall not conduct but shall control the planting, maintenance and removal of street trees and shrubs which might affect the public right- of-way; the owner or occupant of such property shall be responsible for the maintenance of street trees on the property and in the public right-of-way abutting the property. 15-50.050 Removal of certain trees without permit. Except as otherwise provided in Section 15-50.060, it is unlawful for any person to destroy or remove, or cause to be destroyed or removed, any protected tree 1Jj}efl, located on any private or public property in the City without first having obtained a permit to do so issued pursuant to this Article. A protected tree shall consist of any of the following: B3j (a) any native eak tree having a main one or more stems or trunks which measures thirty two inchcs or grcatcr in circumfcreHce at a lwight of twenty four incbes above natural grade. Six (6) inches DBH or greater e 10 of 17 e e . fa¿ (b) any other tree having a main olle or more stems or trunks which measures forty incHes or greater in circllmfcrence at a heigHt of twenty fom inches above natf/ral grado. ten (10) inches DBH or greater. (c) Any street tree, as defined in Section 15-50.020fa¿ (t), regardless of size. (d) AllY heritage tree, as defilled ill Subsectioll15-50.020(j) regardless of size. (è1 (e) Any tree that existed at the time of an approval granted under this Chapter or Chapter 14 of this Code. and required to be preserved as part of such approval. W (j) Any tree required to be planted as a condition of any approval granted under,this Chapter or Chapter 14 ofthis Code. fí1 (g) Any tree required to be planted as a replacement f-or an \lßlawff/lly removed tree, as provided in Section 15 50.120(a) SubsectioIl15-50.160 or 15-50.180 of this Article. 15-50.060 Exceptions. The permit requirement set forth in Section 15-50.050 shall not apply to any of the following: (a) Emergencies. If the condition of a tree presents an immediate hazard to life or property, it may be removed without a permit on order of the City Manager, the City EngÍFlOer, tHe Planning Director, tHe Maintenance Director, the Public Works Director, the Commullity Developmellt Director, their desigllated represelltatives, or a member of the County Sheriff Peace Officer, or fire department having jurisdictioll. (6) City em)Jløyees. Employees of the City may without a permitta1ce SUCH action with regard to trees on City owned property as may be neeessary to maintain safety. W (b) Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may without a permit take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities. (è1 (c) Project approval. Where removal of a protected tree or encroachment on one or more protected trees has beell authorized as part of any project approval granted under this Chapter or Chapter 14 or 16 of this Code, no permit pursuant to this Article shall be required for removal of Sf/CH tree; such activity, provided, ho·sever, such tree shall not be removed f/ntil the issf/ance of a building or grading permit fer the improvements ·.vHicH are the sub-ject of the approval. (/..mended by Ord. 7Uì6 § 3, 1991) the Commullity Developmellt Director determilles ill writillg that the substalltive requiremellt of this article have beell met, illcluding completioll of all Arborist Report, alld, if necessary, completioll of a Tree Preservatioll Plall alld postillg of a security deposit alld/or mailltellallce bOlld. AllY protected tree authorized for removal or encroachmellt pursuallt to such project approval shall IIOt be removed or ellcroached UpOIl, ulltil the issuallce of a buildillg or grading permit for the improvemellts, which are subject of the approval. 15-50.070 Application for permit. (a) Application for a tree removal permit shall be made to the Planning Director Commullity Developmellt Director on such form as he may prescribe. The application shall contain the 11 ofl7 number and location of each tree to be removed, the type and approximate size of the tree, the reason for removal, and such additional information as the Director may require. For Native Trees notice shall be given to property owners within 150 feet ten (10) :leighhoRng properties at the time of application, at least ten (10) days before a decision on the permit is ' made. For all other trees City Staff shall first inspect the tree proposed to be removed to determine if the tree has neighborhood or city significance. If it is determined' in, the best judgment of the inspector that the tree has neighborhood or city significance Notice shall be given to all property owners within 150 feet ten (10) days before a decision on the permit is made. (b) Pruning Permit: A permit is requiredjor structural pruning in excess of ISA Standards during any given growth period or year of any protected tree. Pruning shall not exceed 20% of the crown. No permit is required for structural pruning, which complies with ISA Pruning Standards, or for the pruning of agricultural trees in production. Except that a permit is required for the pruning of a protected tree located on a neighboring property. 15-50.080 Determination on permit. (a) Criteria. Each application for a tree removal permit shall be reviewed and determined on the basis of the following criteria: (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services. (2) The ReceGsity to remove the tree for eeonomic or other eHjoyment of the property. The necessity to remove the tree because of physical damage or threatened' damage to improvements or hardscapes on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values and any estahlishcd standards of the area. , erosion control, and the general welfare of residents in the area. (5) The age and +he number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any altel'1latives that would allow for retaining or not encroaching on the protected trees. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information pertinent to the decision, including, if necessary, information obtained at a public hearing. (b) Additional recommendations. The Planning Director Community Development Director may refer the application to another department, commission or person for a report and recommendation, The Director may also require the applicant to furnish a written report from an independent tree expert ISA Certified Arborist acceptable to the Director, such report to be obtained at the expense of the applicant. In the case of construction-related requests, City Arborist review and approval may be required before any permit for removal is issued or before approval for a project involving the removal or encroachment of one or more protected trees is granted. 12 of 17 . ". . . · · · (c) Decision by Director. The Planning Director Community Development Director shall render his decision within thirty days (30) after the filing of the application for a permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (I) the condition that one or more replacement trees be planted of a species and size and. at locations as desiguated by the Director. , (2) relocation of existing tree desired to be removed, and/or (3) payment of a fee to the Tree Fund pursuant to Section 15-50.130., Any such replacement trees shall be obtained and planted tree replacement or relocation shall be at the sole expense of the app]icant. (d) Security deposits and maintenance bonds. In the case of an application for, ,or a project involving encroachment on one or more protected trees, the applicant shall post a refundable eash security deposit with the City in an amount equal to 100 % of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond of up to five years designed to ensure long term maintenance of the affected trees. Security deposits or maintenance bonds required for protected trees in public or private development may be refunded once the Community Development Director determines that the project is in compliance with the City Arborist's requirements and/or Tree Preservation Plan. In the case of violations of this Article or where restitution required pursuant to § 15-50.180 cannot be made on the project site, then such payments shall be made from the deposit or bond being held before any refund is made. 15-50.090 Development or improvement projects. (a) Subdivision approval. When any application is made pursuant to Chapter 14 and that proposal would involve removal of or encroachment on a protected tree, the City shall take into consideration the provisions of this article in granting or denying the application. (b) Project approval. Removal or encroachment of any protected trees pursuant to project approval granted under this Chapter or Chapters 14 or 16 of this Code shall meet the requirements of §15-50.13 O. (c) Modifications to approved projects. In the event of any change or modification to an approved site development plan which results in removal of or an increase in encroachment on any protected tree, the provisions of this Article shall apply. IS 50.09015-50.100 Appeals. (a) Except otherwise provided in subsection (b) of this Section, any person objecting to a decision by the Planning Director Community Developmel1t Director made pursuant to any of the provisions of this Article, may appeal such decision to the Planning Commission in accordance with the procedure set forth in Article 15-90 of this Chapter. Notwithstanding the provisions of Section 15-90.020, the decision of the Planning Commission shall be final and no further appeal may be taken to the City Council. (b) Where an application for a tree removal permit has been granted and the Planning Director Community Development Director determines that the tree in question presents a clear and immediate threat of causing injury to persons or property, the Planning Director Community 13 of 17 Development Director may issue the tree removal permit prior to expiration of the appeal period . specified in Section 15-90.050 of this Chapter. IS 50.HJO 15-50.110 No liability upon City. Nothing in this Article shall be deemed to impose any liability upon the City or upon ¡¡ny of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon his property or upon a public right-of-way over his property. .,' IS 50.110 15-50.120 Setback of new construction from existing trees. No structure Gr pavement, excavation or hardscape surface areas of any kind shall be constructed or installed within tefl feet rrom an)' oak tree Gr withifl eight feet frGm any other tree the root zone of any protected tree, unless otherwise permitted by the apprGyiflg authGrity City pursuant to this Article. Except that no parking, storing of vehicles, equipment or other materials shall be permitted within the dripline of any protected tree without special design consideration by the Community Development Director and the City Arborist. 15-50.130 Arborist Report An Arborist Report shall be required for any application for discretionary 'development . approval that would require the removal of one or more trees protected by this Chapter and for any other projects where the Community Development Director determines it is necessary. 15-50.140 Tree Preservation Plan. (a) A Tree Preservation Plan shall be required for any project approved pursuant to Chapters 14,15 and 16 of the Code on any site on which an Arborist Report is prepared. (b) The Tree Preservation Plan shall consist of a separate detailed plan drawn to a sufficient scale (but no larger that 20 feet to the inch, with any details to be shown at least 10 feet to the inch) to clearly indicate all protection and mitigation measures to be taken, as required in the Tree Preservation and Protection Guidelines, or as required by the Community Development Director and the Arborist Report for the project. (c) When a project has been submiued for approval pursuant to Chapters 14, 15, or 16, there shall be no permits issued for grading or site improvements until a Tree Preservation Plan for the project has been approved by the City and the required protection measures are determined to be in place through City inspection. Protection measures required shall remain in place for the duration of the construction activity at the project site, or as otherwise required by the City and shall not be removed until authorized by the City. (d) The Tree Preservation Plan and any permits for tree removal shall be maintained at the project site at all times during construction activities and until all work has been completed, inspected and approved by the City. . 14 of 17 e . . (e) At least three scheduled inspections shall be made by the City to ensure compliance with the Tree Preservation Plan. The inspections shall, at a minimum include the following: (1) Initial inspection prior to any construction or grading, (2) After completion of rough grading and/or trenching, and (3) Completion of all work including planting and irrigation syst~m installation; and any others, as required by the City. 15-50.160 Tree Fund (a) Purpose and source of funds. A tree preservation fund shall be established fOl: the City for the purposes specified in § 15-50.020 (x). The Tree Fund shall be financed by those fines which may be assessed by courts, known as "penalty assessments," plus civil penalties, as provided for in Chapter 3 of this Code for violations of this Article. In addition, payment s required for replacement trees pursuant to § 15-50.180, as prescribed by the Community Development Director, or as a condition of development approval, shall be held in the Tree Fund and used to purchase new and replacement trees. The Community Development Director and the City Arborist shall determine the selection, planting and location of any such trees. (b) Tree valuation. Lawfully removed trees to be replaced as a condition of development approval shall be valued and their removal compensated for as follows: Trees replaced on or off site according to good forestry practices, shall provide, in the opinion of the Community Development Director, equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance, and other significant beneficial characteristics of the removed tree/so The City Arborist shall calculate the value of the removed tree/s in accordance with the latest edition of the ISA Tree Valuation Formula. In exceptional circumstances, such as, but not limited to heritage trees, trees in groves, trees located in dedicated open space or other conservation easements, and trees of community significance, the value of the removed tree may be increased as determined by the Community Development Director. 15-50.170 Enforcement (a) General. The City shall enforce the provisions of this Article. Inspectors shall, in the course of their regular duties, monitor construction activities. Any observed violations shall be immediately reported to the Community Development Director for follow-up action. (b) Stop work orders. Whenever any activities are in violation of the provisions of this Article, the Guidelines, applicable tree permit/s, or conditions of project approval, a Building Inspector, Public Works Director, Community Service Officer, or Community Developmeltt Director shall issue a written notice to stop work on the project for which a violation has occurred. The notice shall state the nature of the violation or danger and with the exception of ordered remediation, no work shall be allowed to proceed until the violation has been rectified and subsequently approved by the City. 15 50.120 15-50.180 Violations; penalties and remedies. The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute a misdemeanor (unless in the discretion of the enforcing authority charged and 15 of 17 prosecuted as an infraction pursuant to Section 3-05.01O(b)) and a public nuisance, subject to the penalties or remedies as described in Chapter 3 of this Code and any other remedies authorized by the City Code, including, but not limited to the following: (a) Replacing the unlawfully removed tree with one or more new trees which can be' accommodated on the site of the violation according to good forestry practices and, in the opinion of the PlanniBg Direetor Community Development Director, will provide equivalent value in terms of aesthetic and environmental quality, ia terms of size, height, location, appearance and other characteristics of the unlawfully removed tree. The City Arborist shall calculate the value of the removed treels in accordance with the latest edition of the ISA Tree Valuation Formula. In exceptional circumstances, such as, but not limited to, heritage trees, trees in groves, trees located in dedicated open space or other conservation easements, and trees of community significance, the value of the removed treels may be increased, as determined by the Community Development Director, to reflect the tree's exceptional characteristics. (b) Where replacement trees will Hot cannot be accommodated on site according to good forestry practices, or cannot provide equivalent aesthetic or environmental quality beeallse of the size, age, or otner eilaracteristies of tneualawflllly removed tree removed treels on site, the Plar..niag Direetor City Arborist shall calculate the value of the removed tree/s in accordance with the latest edition of the Guide For Establishing Values of Trees and Other Plants, as prepared by the Council of Tree and Landscape Appraisers. Upon the determination of such value, the Planniag Direetor Community Development Director may require either a cash payment to the City Tree Fund, or the planting of replacement trees as desigHated .13y tne Planning Direetor, off site, or any combination thereof, in accordance with the following: (1) To the extent that a cash payment is required for any portion or all of the' value of the removed tree, such payment shall be doubled to reflect the estimated installation costs that would be incurred if replacement trees are planted; and (2) To the extent that the planting of replacement trees is required, the retail cost of such trees, as shown by documentary evidence satisfactory to the Planning Direetor Community Development Director, shall be offset against the value of the removed tree, but no credit shall be given for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees. (c) Any person who is required to plant replacement trees pursuant to subsections (a) or (b) of this Section shall permanently maintain such trees in a good and healthy condition, as determiaed by the Plar.ning Director. Such person snail e¡¡eeute a maintenanee agreement with tho City, which shall be r-oeorded iH the offiee of the Cmmty Reeorder.for a minimum offive (5) years to ensure permanent establishment of any such treels, as determined by the City Arborist. Such person shall post a maintenance bond in a form prescribed by the Community Development Director and execute a maintenance agreement with the City, which shall be recorded in the office of the County Recorder. (d) The violation of any provision contained in this Article during the conduct by any person of a tree removal, structural pruning, landscaping, construction or other business in the City shall constitute grounds for revocation of any business license issued to such person. (Amended by Ord. 71.86 § 3, 1990; Ord. 71-106 § 10, 1992) 16 of 17 e .,. . . e e e 15-50.190 Tree Companies Operating in the City Any business, which performs structural pruning on protected trees in the City, must be in possession of a Saratoga business license, and must have an ISA certified Arborist on staff, il1 a supervisory position for the accomplishment of such work. 15.50-200 Possession of an Approved Tree Removal Permit A person or firm removing an ordinance-protected tree as defined in Section 15âO.050 shall have in their possession a copy of an approved Tree Removal Permit. Upon request of a peace officer, City of Saratoga Code Enforcement Officer or other City Official, a person or firm removing an ordinance-protected tree shall produce the approved Tree Removal Permit. If the person or firm cannot produce an approved Tree Removal permit all tree removal activity shall be suspended until a permit can be produced or obtained from the Community Development Department. FISCAL IMPACTS: Having a set of Tree Regulations that provide sufficient clarity will have a positive fiscal impact by reducing City Attorney involvement in implementing the regulations. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The problems of the past several months will continue to occur. City Attorney activity level will continue at a higher than needed level. ALTERNATIVE ACTION: 1. Modify the draft Ordinance Amendment recommended by the Planning Commission and Council Sub-Committee. This could occur via removing or altering individual sections that do not meet City Council policy desires. 2. Leave the existing Tree Regulations in place unchanged. 3. Refer the proposed update back to the Planning Commission with direction. FOLLOW UP ACTION: Place the proposed ordinance on the consent calendar for second reading and adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: The Public Hearing for this item was posted and published in the Saratoga News on August 13, 2003. ATTACHMENTS: 1. Initial Study with Resolution Granting Negative Declaration of Environmental Impact 2. Draft Ordinance 17 of17 RESOLUTION NO. 03- _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO THE AMENDMENTS AND RE-ADOPTION OF THE TREE REGULATIONS OF THE SARATOGA CODE . Environmental Determination for Amendment and re-adoption of the City of Saratoga Tree Regulations WHEREAS, the City Council held a duly noticed Public Hearing at which time all interested parties were given full opportunity to be heard and to present evidence; and WHEREAS, the City Council has determined that there are no significant environmental impacts related to the amendments and re-adoption of the Tree Regulations of the Saratoga General Plan; and. WHEREAS, the City Council has reviewed the information included in the Initial Study of Environmental Impact attached hereto. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the information provided in the Staff Report, the Initial Study and from verbal testimony, the City Council determines that there are no environmental impacts associated with the proposed amendments to the Tree Regulations. . Section 2. Pursuant to the requirements of the Saratoga City Code and the California Environmental Quality Act, this Resolution shall become effective fifteen (15) clays from the clate of adoption. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California on September 3, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor A TrEST: Cathleen Boyer, City Clerk . . CITY OF SARATOGA INITIAL STUDY 3. Contact Person & Phone # TREE ORDINANCE AMENDMENT Application No. 02-210 City of Saratoga, Community Development Department 13777 Frultvale Avenue, Saratoga, CA 95070 Thomas Sullivan, AICP, 408.868.1222 CITYWIDE 1. Project Title: 2. Lead Agency Name & Address: 4. Project Location 5. Project Sponsor's Name & Address: 6. General Plan Designation: 7. Zoning: City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 NIA Nla 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if ~ necessary.) _ The proposed project is the updating and re-writing of Article 15-50 of the Saratoga Code. Article 15-50 is the Tree Regulations for the City of Saratoga, The new ordinance will establish pruning standards; reduce the size a tree needs to be in order to be considered an Ordinance Protected Tree. 9, Surrounding land uses and setting: (Briefly describe the project's surroundings.) NIA 10. Other agencies whose approval is required: (e,g., permits, financing approval, or participation agreement): No other agencies are involved ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "POTENTIALLY SIGNIFICANT IMPACT" as indicated by the checklist on the following pages. o Aesthetics o Biological Resources o Hazards & Hazardous Materials o Mineral Resources o Public Services OUtilities/Service Systems o Agriculture Resources o Cultural Resources o HydrologylWater Quafíty D Noise o Recreation o Mandatory Findings of Significance o Air Quality o Geology/Soils OLand UsefPlanning o Population/Housing D TransportationfTraffic . DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. x. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. . I find that the proposal MAY have a "potentially significant impacf' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. .,. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. '\ q~ ~ ---- ~~~~ "(¡=Sf 0~-;ç. \, Signature Date Thomas Su11ivan, AICP. Director Community Development Department, City of Saratoga Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 'tit 1. A brief explanation ;s required for aU answers except"No Impact" answers that are adequatefysupported by the information sources a lead agency cites in the parentheses following each Question. A "No Impact" question is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as we11 as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project~specific screening analysis). 2, All answers must take account of the whole action involved, ¡ncluding off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operations impacts. 3. Once the lead agency has determined that a particular physical impact may occur, and then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than. significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4, "Negative Declaration: Less Than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a Jess than significant leve! (mitigation measures from Section XV!!, "EarJier Analyses", may be cross·referenced.) 5, Earlier analyses may be used where, pursuanttothe tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c) (3) (D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable [egal standards,· and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site·specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previous prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.a The explanation of each issue should identify: . a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. 8, 2 _sues (and Supporting Information Services): Potentiatly Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? x X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a scenic highway? a) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantiai light or glare, which wouid adversely affect day or nighttime views in the area? X X e Discussion of Aesthetics Impacts: There should be positive aesthetic impacts if trees are afforded a higher degree of protection II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies my refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agriculturai use? X Discussion of Agriculture Resources Impacts: No discussion is required. III. AIR QUALITY: Where available, the significance criteria established by the Bay Area Air Quality Management District may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the X applicable air quality plan?) b) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? e c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant X X 3 Issues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact e d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion of Biological Resources Impacts: affording a greater protection of trees could attain a positive impact. concentrations? e) Create objectionable odors affecting a substantial number of people? Discussion of Air Quality Impacts: no discussion is required IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? (source #16) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Ciean Water Act (including, but not limited to, marsh, vernal pooi, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5? c) Directly or indirectly destroy a unique 4 x x ". x X e X X X X X e X .sues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact paleontological resource or site or unique geologic feature? d) Disturb any human remains, inciuding those interred outside of formal cemeteries? Discussion of Cultural Resources Impacts: no discussion is required VI. GEOLOGY AND SOILS: Would the project: . a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Prioio Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Div. of Mines and Geology Pub. 42. . ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landsiides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landsiide, lateral spreading, subsidence, liquefaction or collapse?) d) Be iocated on expansive $oil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantiai risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Discussion of Geology and Soils Impacts: no discussion is required VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? . b) Create a significant hazard to the public or the environment through reasonably foreseeable upset 5 x x x x X X X X X X Issues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No IQlpact . and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is inciuded on a list of hazardous materials sites compiled pursuant to Gov. Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?) g) Expose people or structures to a significant risk of loss, injury, or death invoiving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion of Hazards and Hazardous Materials: no discussion is required VIII.HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, inciuding through the aiteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- 6 x x .,. x x . x x x x . 4tsueS(and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water? g) Place housing within a 1 OO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? x x h) Place within a 1 OO-year floor hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? x x X j) Inundation by seiche, tsunami, or mudflow Discussion of Hydrology and Water Quality Impacts: no discussion is required .. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X X X Discussion of Land Use and Planning Impacts: The increase protection of trees could have positive impact X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X .DiScussion of Energy and Mineral Resources Impacts: a) There are no known mineral resources within the City ¡mits, XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels 7 Issues (and Supporting Information Services): Potentially Significant Impact Less, Than Significant With Mitigation Incorporated Less Than Significant tmpact No Impact . x in excesS of standards estabiished in the iocal general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantiai permanent increase in ambient noise leveis in the project vicinity above leveis existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above leveis existing without the project? e) For a project iocated within an airport land use plan or, where such a pian has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise ievels? Discussion of Noise Impacts: no discussion is required XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new , homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of repiacement housing elsewhere? c) Dispiace substantial numbers of peopie, necessitating the construction of replacement housing eisewhere? Discussion of Population and Housing Impacts: no discussion is required XIII.PUBLlC SERVICES: a) Wouid the proposal result in substantial adverse physicai impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental faciiities, the construction of which could cause significant environmental impacts, in order to maintain acceptabie service ratios, response times or other performance objectives for any of the pubiic services: Fire Protection? Police Protection? Schools? 8 x x .,. x x . x x x x X X . ·sues (and Supporting Information Services): Less Than Significant With Mitigation tncorporated Potentially Significant Impact Less Than Significant tmpact No Impact Parks Other public facilities? Discussion of Public Services Impacts: no discussion is required XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Discussion of Recreation Impacts: no discussion is required XV. TRANSPORT ATIONtTRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections )? . b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Discussion of Transportation/Circulation Impacts: no discussion is required .XVI. a) UTILITIES AND SERVICE SYSTEMS. Would the project: Exceed wastewater treatment requirements of the Regional Water Quality Control Board? 9 x X X X X X X X X X X Issues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No tmpact . b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Discussion of Utilities and Service Systems Impacts: no discussion is required XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? 10 x X .,. X X X X . X X X . e tit e DRAFT ORDINANCE AN ORDINANCE AMENDING SECTIONS 15-05.020, 15-45.070, 15-45.080,15- 46.030,15-46.040, AND ARTICLE IS-50 OF ZONING CODE OF THE CITY OF SARATOGA RELATING TO TREE REGULATIONS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: A. The Planning Commission has conducted a public hearing to consider an amendment to the zoning code with respect amending the provisions relating to the Tree Regulations found in the Saratoga Code, and B. The adoption of this ordinance is consistent with the provisions of the Saratoga General Plan Open Space Element which states on page 16, "The City should provide information and assistance to the public in the preservation and care of native trees whose existence can be threatened by environmental stress and development." c. The adoption of this ordinance is consistent with the provisions of the Saratoga General Plan Conservation Element, which states in Policy C0.3.0," Preserve the quality of the natural environment and the character of the City through appropriate regulation of site development." Section 2. Adoption. Section 15-05.020 is amended to read: 15-05.020 Purposes of Chapter. The purposes of this Chapter shall be to promote and protect the public health, safety, peace, comfort, convenience, prosperity and general welfare, including the following more specific purposes: (a) To control the physical development of the City in such a manner as to preserve it as essentially a residential community with a tural atmosphere. (b) To achieve the arrangement of land uses depicted in the General Plan. (c) To foster a harmonious, convenient, workable relationship among land uses. (d) To promote the stability of existing land uses which conform with the General Plan, and to protect them from inharmonious influences and harmful intrusions. 1 (e) To ensure that public and private lands Ultimately are used for the purposes, which are most appropriate and most beneficial from the standpoint ofthe City as a whole. (f) To prevent population densities in excess of those prescribed in the General Plan, and to maintain a suitable balance between structures and open spaces on each site. (g) To ensure adequate light, air and privacy for each dwelling unit. (h) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them. (i) To facilitate the appropriate location of community facilities and institutions. (j) To provide for adequate off-street parking and loading facilities. (k) To provide for the orderly, attractive development of commercial facilities in those areas where permitted by the General Plan. (1) To exclude new industrial development in order to preserve the essential residential character of the City. (m) To preserve the natural beauty of the City. (n) To ensure that uses and structures enhance their sites and harmonize with improvements in the surrounding area. (0) To protect and enhance real property values within the City. (p) To protect and preserve heritage trees, natives and other significant rrees throughout real property development planning and implementation processes. . .,. Section 15-45.070 is amended to read: 15-45.070 Application requirements. . (a) Application for design review approval shall be filed with the Community Development Director on such form, as he shall prescribe. The application shall include the following exhibits: (1) Site plan showing (i) property lines, (ii) easements and their dimensions, (ill) underground utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography, (vii) species, trunk diameter, canopy driplines, locations, and diameter of all trees measuring at least (10) inches, as measured at four and one-half (4 V2) feet above natural grade while sranding on the high side of the tree (DBH), and all natives measuring at least six (6) inches, as measured at four and one-half feet above natural grade (DBH), (viii) areas of dense vegetation and (ix) riparian corridors. (2) A statement of energy conserving features proposed for rhe project. Such features may include, but are not limited to, use of solar panels for domestic hot water or space heating, passive solar building design, insulation beyond that required under State law, insulated windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by the Community Development Director. (3) Elevations of the proposed structures showing exterior materials, roof materials and window treatment. (4) Cross sections for all projects located on a hillside lot, together with an aerial photograph of the site if requested by the Community Development Director. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (6) Floor plans that indicate total gross floor area, determined in accordance with Section 15-06.280 of this Chapter. . 2 · · · (7) Roof plans. (8) landscape and irrigation plans for the site, showing the location of existing trees proposed to be retained on the site, the location and design of landscaped areas, types and quantities of landscape materials and irrigation systems, appropriate use of natives and water conserving materials and irrigation systems and all other landscape features. (9) Tree preservation plan, as required in Article 15-50.130. (10) Preliminary title report showing all parties having any interest in the property and any easements, encumbrances and restrictions, which benefit or burden the property. (11) Such additional exhibits or information as may be required by the Co¡:nmunity Development Director. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen inches in size. (12) A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the City Engineer. (a) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council. 15-45.080 Design Review findings. The Planning Commission shall not grant design review approval unless it is able to make the following findings: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds will avoid unreasonable interference with views and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. (c) Preserve oaks and heritage trees. All heritage trees designated for protection pursuant to Section 15-50.020 (j) will be preserved. All oak trees designated for protection pursuant to Section 15-50.050 will be preserved, or, given the constraints of the property, the number approved for removal will be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist will be minimized using the criteria set forth in Section 15-50.050. (d) Minimize perception of excessive bulk. The proposed main or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. (e) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light 3 and air of adjacent properties nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. (f) Current grading and erosion control methods. The propåsed site development or grading plan incorporates current grading and erosion control standards used by the City. (g) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth ÍI1 the Residential Design Handbook and as required by Section 15-45.055. . e 15-46.030 Application requirements. .,. (a) Application for design review approval shall be filed with the Community Development Director on such fonn, as he shall prescribe. The application shall include the following exhibits: (1) A site plan showing property lines, easements, dimensions, topography, and the proposed layout of all structures and improvements including, where appropriate, driveways, pedestrian walks, parking and loading areas, landscaped areas, fences and walls, and the location of all ordinance sized trees as measured four and one-half feet above natural grade while standing on the high side of the tree (DBH). The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of parking and loading areas, the location and dimension of each parking and loading space, and areas for turning and maneuvering vehicles. (2) Architectural drawings or sketches showing all elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and illumination of all signs shall be indicated. (3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, types and quantities of landscape plants and materials and irrigation systems, appropriate use of native, and water conserving plants and materials and irrigation systems, and all other landscape features. (4) Cross sections for all projects located on a hillside lot. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (6) Floor plans showing total gross floor area, detennined in accordance with Section 15- 06.280 of this Chapter. (7) Roof plans. (8) Such additional exhibits or information as may be required by the Community Development Director or the Planning Commission. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and 15 sets on sheets eleven inches by seventeen inches in size. (b) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit toward the expense of noticing the public hearing as determined by the Community Development Director. e e 4 e e e Section 15-46.040 is amended to read: 15-46.040 Design criteria. In reviewing applications for design review approval under this Article, the Planning Commission shall be guided by the following criteria: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. (b) Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the extend possible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. (f) The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. Article IS-50 is amended to read: Article IS-50 TREE REGULATIONS 15-50.010 Findings; purposes of Article. 15-50.020 Definitions. 15-50.030 Application of Article. 15-50.040 Street trees. 15-50.050 Removal of certain trees without permit. 15-50.060 Exceptions. 15-50.D70 Application for permit. 15-50.080 Determination on permit. 15-50.090 Development or improvement projects 5 15-50.100 Appeals . 15-50.110 No liability upon City 15-50.120 Setback of new construction from existing trees 15-50.130 Arborist Report 15-50.140 Tree Preservation Plan 15.50-160 Tree Fund 15.50-170 Enforcement 15.50-180 Violations; penalties and remedies 15.50-190 Tree Companies Opetating in the City 15.50- 200 Possession of an Approved Tree Removal Permit 15-50.010 Findings; purposes of Article. . The City Council finds that the City is primarily a residential community; that the economics of property values is inseparably connected with the rural attractiveness of the area, much of which is attributable to the wooded hillsides and the native and ornamental trees located throughout the City; that the preservation of such trees is necessary for the health, safety and welfare of the residents of the City in order to preserve scenic beauty, ptevent erosion of topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic balance and decrease wind velocities To compliment and strengthen zoning, subdivision and land use standards and regulations, while at the same time recognizing the ptivileges of private property ownership, the City Council adopts this ordinance to establish basic standards and measures for the maintenance, removal, and replacement of trees. Thus, this ordinance is designed to provide a stable and sustainable urban forest to preserve and protect significant historic heritage values, and to enhance the unique aesthetic character and environment of this City. 15-50.020 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly . requires otherwise: 6 · · · (a) "Agricultural tree" means a fruit or nut tree grown for the production of fruit or nuts. (b) "Approving body" means anyone of the following: City Council, Planning Commission, or the Community Development Director. (c) "Arborist Report" means a report prepared by a certified arborist containing specific information on the location, condition, structure, potential impacts of development, and recommended actions and mitigation measures regarding one or more trees on an individual lot or project site. (d) "Bond or security deposit" means a financial instrument which guaranteq a future condition and includes an irrevocable letter of credit, a passbook or cash. (e) "DBH" means diameter at breast height. It is the diameter of a single stem trunk tree measured at four and one-half (4 V2) feet above the ground while standing on the high side of the tree. The diameter may be calculated using the following formula: Diameter = Circumference I 3.142 To measure trees with multi-stem trunks, the tree diameter equals the full. diameter of the largest trunk plus 50% of the diameter of all other trunks on the tree; each trunk is measured at four and one-half (4 V2) feet above the ground while standing on the high side of the tree. (f) "Damage" means any action undertaken which causes short term or long term injury, death, or disfigurement to a tree. This includes, but is not limited to: cutting of roots or limbs, poisoning, over-watering, relocation, or transplanting a tree, or trenching, grading, compaction, excavating or paving within the protected zone of a tree. (g) "Destroy" means to cause the premature decline of tree health or life as evaluated and determined by the Oty Arborist. (h) "Dripline" means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. (i) "Encroachment" means any intrusion or human activity occurring within the root zone of a tree, including, but not limited to structural pruning in excess of International Society of Arboriculture Commission (¡SA) Standards, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements within the root zone of a tree (j) "Heritage tree" means any tree of historic significance as a tree having historic value related to the heritage of the City and designated by action of the City Council upon recommendation of the Heritage Preservation Commission. (k) "¡SA Pruning Standards" or "Pruning Standards" means the most current edition of those pruning standards established by the Western Chapter of the International Society of Arboriculture dated 1994, as revised by the Society from time to time. (I) "Native tree" means Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Tan Oak (Lithocarpus densiflorus), Black Oak (Quercus kellogi), Blue Oak (Quercus douglasi), Scrub Oak (Quercus dumosa), Big Leaf Maple (Acer macrophylhum), California Buckeye (Aesculus californica), and Coast Redwood (Sequoia sempervirens). (m) "Oak tree" or "Oak" means any native oak tree of the Genus Quercus, as further described in the Tree Preservation and Protection Guidelines, regardless of size. This definition shall not include oak trees planted, grown and held for sale by licensed 7 nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. . (n) "Project site" means the site of the proposed tree removal encroachment or development activity. (0) "Protected tree" means any tree consisting of any ofthe foJlowing: (1) Any native tree having one or more stems or trunks which six (6) inches'm,!H or greater (2) Any other tree having one or more stems or trunks which ten (10) inches DBH or greater. (p)"Pruning" means any and all work performed on the roots, branches or limbs of a protected tree. (q) "Removal" means the physical removal of a tree or causing the death of a tree through damaging, encroaching or other direct or indirect action. (r) "Root zone" means a specifically defined area totally encompassing a tree protected by this Article within which work activities are strictly controlled. When shown on a map, the protected zone appears as an irregularly shaped circle that follows the contour of the tree canopy and extends no less than five (5) feet beyond the dripline of the tree and extends inward to the trunk of the tree, or as otherwise determined by the City Arborist. (s) "Routine maintenance" means actions needed for the continued good health of a tree including, but not limited to, removal of deadwood, insect control spraying and watering. (t) "Street tree" means any tree within the Public Street or right-of-way. (u) "Shrub" means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at maturity. The City Arborist shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub. (v) "Structural Pruning" means the to maintain the size of lateral branches to less than three-fourths the diameter of the parent branch or trunk. (w) "Tree" means a woody perennial plant characterized by having a main stem or trunk, or a multi-stemmed trunk system with a more or less definitely formed crown, and is usually over ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (x) "Tree fund" means a City-held monetary account maintained separately and independently from other City funds. The express functions of the Tree fund are: (1) To receive and hold any fines, penalty assessments or civil penalties for violations of Articlel5- 50 of this code; (2) To receive and hold monetary valuations and payments for replacement trees pursuant to Section 15-50.160 or 15-50.180, as prescribed by the Commuruty Development Director, or as a condition of development approval; and (3) To pay for new or replacement trees, their planting and maintenance, as determined by the Commuruty Development Director, on public properties, streets, easements and dedicated open spaces. (y) "Tree Preservation and Protective Guidelines" means the policy established by the City Council and adopted by resolution pursuant to section 15-50.150, and the administrative procedures and rules established by the Community Development Director for implementing this Article 15-50 of the City Code. (z) "Tree Preservation Plan" means a detailed plan containing all protective measures to be implemented before, during, and, after construction activities including provision . .,. . . 8 · · · for future maintenance, to preserve and protect all trees to be retained on any project site. 15-50.030 Application of Article. This Article shall apply to every owner of real property within the City, and to every person responsible for removing a tree regardless of whether such person is eng;¡ged in a tree removal business. 15-50.040 Street trees. (a) Policies and standards. The Planning Director shall implement policies and standards for street tree planting and maintenance as established from time to time by resolution of the Planning Commission or City Council. (b) Planting required condition of approval. The planting of street trees may be required as a condition of any approval granted under this Chapter. (c) Responsibility for maintenance. The City shall provide maintenance for street trees located within a commercial district and on arterial roads, unless such maintenance responsibility has been assumed by a property owner or other person under a landscape maintenance agreement with the City. In all other areas of the City, the City shall not conduct but shall control the planting, maintenance and removal of street trees and shrubs which might affect the public right-of-way; the owner or occupant of such property shall be responsible for the maintenance of street trees on the property and in the public right-of-way abutting the property. 15-50.050 Removal of certain trees without permit. Except as otherwise provided in Section 15-50.060, it is unlawful for any person to destroy or remove, or cause to be destroyed or removed, any protected tree, located on any private or public property in the City without first having obtained a permit to do so issued pursuant to this Article. A protected tree shall consist of any of the following: (a) Any native tree having one or more stems or trunks which six (6) inches DBH or greater (b) Any other tree having one or more stems or trunks which measures ten (10) inches DBH or greater. (c) Any street tree, as defined in Section 15-50.020(t), regardless of size. (d) Any heritage tree, as defined in Subsection 15-50.0200) regardless of size. (e) Any tree that existed at the time of an approval granted under this Chapter or Chapter 14 of this Code. (f) Any tree required to be planted as a condition of any approval granted under this Chapter or Chapter 14 of this Code. (g) Any tree required to be planted as a replacement, as provided Subsection 15-50.160 or 15-50.180 of this Article. 9 15-50.060 Exceptions. · The permit requirement set forth in Section 15-50.050 shall not apply to any of the following: . (a) Emergencies. If the condition of a tree presents an immediate hazard to life or property, it may be removed without a permit on order of the City Manager, the Public Works Director, the Community Development Director, their designated representatives, or Peace Officer, or fire department having jurisdiction. (b) Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may without a permit take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities. (c) Project approval Where removal of a protected tree or encroachment on one or more protected trees has been authorized as part of any project approval granted under this Chapter or Chapter 14 or 16 of this Code, no permit pursuant to this Article shall be required for; such activity, provided the Community Development Director determines in writing that the substantive requirement of this article have been met, including completion of an Arborist Report, and, if necessary, completion of a Tree Preservation Plan and posting of a security deposit andlor maintenance bond. Any protected tree authorized for removal or encroachment without permits and pursuant to such project approval shall not be removed, or encroached upon, until the issuance of a building or grading permit for the improvements, which are subject of the approval. . .,. · 15-50.070 Application for permit. (a) Application for a tree removal permit shall be made to the Community Development Director on such form as he may prescribe. The application shall contain the number and location of each tree to be removed, the type and approximate size of the tree, the reason for removal, and such additional information as the Director may require. For Native Trees notice shall be given to property owners within 150 feet at the time of application, at least ten (10) days before a decision on the permit is made. For all other trees City Staff shall first inspect the tree proposed to be removed to determine if the tree has neighborhood or city significance. If it is determined in the best judgment of the inspector that the tree has neighborhood or city significance Notice shall be given to all property owners within 150 feet ten (10) days before a decision on the permit is made. (b) Pruning Permit: A permit is required for structural pruning in excess ofISA Standards during any given growth period or year of any protected tree. Pruning shall not exceed 20% of the crown. No permit is required for structural pruning, which complies with ISA Pruning Standards, or for the pruning of agricultural trees in production. Except that a permit is required for the pruning of a protected tree located on a neighboring property. 15-50.080 Determination on permit. (a) Criteria. Each application for a tree removal permit shall be reviewed and determined on the basis of the following criteria: · 10 . . . (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or hardscapes on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected trees. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information pertinent to the decision, including, if necessary, information obtained at a public hearing. (b) Additional recommendations. The Community Development Director may refer the application to another department, commission or person for a report and recommendation. The Director may also require the applicant to furnish a written report from an ISA Certified Arborist acceptable to the Director, such report to be obtained at the expense of the applicant. In the case of construction-related requests, City Arborist review and approval may be required before any permit for removal is issued or before approval for a project involving the removal or encroachment of one or more protected trees is granted. (c) Decision by Director. The Community Development Director shall render his decision within thirty days (30) after the filing of the application for a permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (1) the condition that one or more replacement trees be planted of a species and size and at locations as designated by the Director, (2) relocation of existing tree desired to be removed, and/or (3) payment of a fee to the Tree Fund pursuant to Section 15-50.130. Any such tree replacement or relocation shall be at the sole expense of the applicant. (d) Security deposits and maintenance bonds. In the case of an application for, or a project involving encroachment on one or more protected trees, the applicant shall post a security deposit with the City in an amount equal to 100 % of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond of up to five years designed to ensure long term maintenance of the affected trees. Security deposits or maintenance bonds required for protected trees in public or private development may be refunded once the Community Development Director determines that the project is in compliance with the City Arborist's requirements and/or Tree Preservation Plan. In the case of violations of this Article or where restitution required pursuant to § 15-50.180 cannor be made on the project site, then such payments shall be made from the deposit or bond being held before any refund is made. 11 15-50.090 Development or improvement projects. e (a) Subdivision approval. When any application is made pursuant to Chapter 14 and that proposal would involve temoval of Or encroachment on a protected tree, the City shall take into consideration the provisions of this article in granting or denying the application. ' , (b) Project approval. Removal or encroachment of any protected trees pursuant to project approval granted under this Chapter or Chapters 14 or16 of this Code shall meet the requirements of §I5-50.130, (c) Modifications to approved projects. In the event of any change or modification to an approved site development plan which results in removal of or an increase in encroachment on any protected tree, the provisions of this Article shall apply. .,. 15-50.100 Appeals. (a) Except otherwise provided in subsection (b) of this Section, any person objecting to a decision by the Community Development Director made pursuant to any of the provisions of this Article, may appeal such decision to the Planning Commission in accordance with the procedure set forth in Article 15-90 of this Chapter. Notwithstanding the provisions of Section 15-90,020, the decision of the Planning Commission shall be final and no further appeal may be taken to the City Council. (b) Whete an application for a tree removal permit has been granted and the Community Development Director determines that the tree in question presents a clear and immediate threat of causing injury to persons or property, the Community Development Director may issue the tree removal permit prior to expiration of the appeal period specified in Section 15-90,050 of this Chapter. e 15-50.110 No liability upon City. Nothing in this Article shall be deemed to impose any liability upon the City or upon any of its officers or employees, nor to relieve the owner Or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon his property or upon a public right-of-way over his property. 15-50.120 Setback of new construction from existing trees. No structure, excavation or hardscape surface areas of any kind shall be constructed or installed within the root zone of any protected tree, unless otherwise permitted by the City pursuant to this Article. Except that no parking, storing of vehicles, equipment or other materials shall be permitted within the dripline of any protected tree without special design consideration by the Community Development Director and the City Arborist. e 12 . . . 15-50.130 Arborist Report An Arborist Report shall be required for any application for discretionary development approval that would require the removal of one or more trees protected by this Chapter and for any other projects where the Community Development Director determines it is necessary. 15-50.140 Tree Preservation Plan. (a) A Tree Preservation Plan shall be required for any project approved pursuant to Chapters 14, 15 and 16 of the Code on any site on which an Arborist Report is prepared. (b) The Tree Preservation Plan shall consist of a separate detailed plan drawn to a sufficient scale (but no larger that 20 feet to the inch, with any details to be shown at least 10 feet to the inch) to clearly indicate all protection and mitigation measures to be taken, as required in the Tree Preservation and Protection Guidelines, or as required by the Community Development Director and the Arborist Report for the project. (c) When a project has been submirtedfor approval pursuant to Chapters 14, 15, or 16, there shall be no permits issued for grading or site improvements until a Tree Preservation Plan for the project has been approved by the City and the required protection measures are determined to be in place through City inspection. Protection measures required shall remain in place for the duration of the construction activity at the project site, or as otherwise required by the City and shall not be removed until authorized by the City. (d) The Tree Preservation Plan and any permits for tree removal shall be maintained at the project site at all times during construction activities and until all work has been completed, inspected and approved by the City. (e) At least three scheduled inspections shall be made by the City to ensure compliance with the Tree Preservation Plan. The inspections shall, at a minimum include the following: (1) Initial inspection prior to any construction or grading, (2) After completion of rough grading andlor trenching, and (3) Completion of all work including planting and irrigation system installation; and any others, as required by the City. 15-50.160 Tree Fund (a) Purpose and source of funds. A tree preservation fund shall be established for the City for the purposes specified in § 15-50.020 (t). The Tree Fund shall be finance by those fines which may be assessed by courts, known as "penalty assessments," plus civil penalties, as provided for in Chapter 3 of this Code for violations of this Article. In addition, payments required for replacement trees pursuant to § 15-50.180, as prescribed by the Community Development Director, or as a condition of development approval, shall be held in the Tree Fund and used to purchase new and replacement trees. The Community Development Director and the City Arborist shall determine the selection, planting and location of any such trees. (b) Tree valuation. Lawfully removed trees to be replaced as a condition of development approval shall be valued and their removal compensated for as follows: Trees replaced on or off site according to good forestry practices, shall provide, in the opinion of the Community Development Director, equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance, and other significant beneficial 13 characteristics of the removed tree/s. The City Arborist shall calculate the value of the removed treels in accordance with the latest edition of the ISA Tree Valuation Formula. In exceptional circumstances, such as, but not limited to heritage trees, trees in groves, trees located in dedicated open space or other conservation easements, and trees of community significance, the value of the removed tree may be increased as determined by the Community Development Director, - 15-50.170 Enforcement (a) General. The City shall vigorously enforce the provisions of this Article. Inspectors shall, in the course of their regular duties, monitor construction activities. Any observed violations shall be immediately reported to the Community Development Director for follow-up action, (b) Stop work orders. Whenever any activities are in violation of the provisions of this Article, the Guidelines, applicable tree permit/s, or conditions of project approval, a Building Inspector, Public Works Director, Community Service Officer, or Community Development Director shall issue a written notice to stop work on the project for which a violation has occurred. The notice shall state the nature of the violation or danger and with the exception of ordered remediation, no work shall be allowed to proceed until the violation has been rectified and approved by the City. ., . I5-50.180 Violations; penaltjes and remedies. e The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute a misdemeanor (unless in the discretion of the enforcing authority charged and prosecuted as an infraction pursuant to Section 3-0S.010(b» and a public nuisance, subject to the penalties or remedies as described in Chapter 3 of this Code and any other remedies authorized by the City Code, including, but not limited to the following: (a) Replacing the unlawfully removed tree with one or more new trees which can be accommodated on the site of the violation according to good forestry practices and, in the opinion of the Community Development Director, will provide equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance and other characteristics of the unlawfully removed tree. The City Arborist shall calculate the value of the removed treels in accordance with the latest edition of the ISA Tree Valuation Formula. In exceptional circumstances, such as, but not limited to, heritage trees, trees in groves, trees located in dedicated open space or other conservation easements, and trees of community significance, the value of the removed tree/s may be increased, as determined by the Community Development Director, to reflect the tree's exceptional characteristics. (b) Where replacement trees cannot be accommodated on site according to good forestry practices, or cannot provide equivalent aesthetic or environmental quality of removed treels on site, the City Arborist shall calculate the value of the removed treeA> in accordance with the latest edition of the Guide For Establishing Values of Trees and Other Plants, as prepared by the Council of Tree and Landscape Appraisers. Upon the determination of such value, the Community Development Director may require either a . 14 · · · cash payment to the City Tree Fund, or the planting of replacement trees, off site, or any combination thereof, in accordance with the following: (1) To the extent that a cash payment is required for any portion or all of the value of the removed tree, such payment shall be doubled to reflect the estimated installation costs that would be incurred if replacement trees are planted; and (2) To the extent rhat the planting of replacement trees is required, the retai! cost of such trees, as shown by documentaty evidence satisfactoty to the Community Development Director, shall be offset against the value of the removed tree, but no credit shall be given for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees. . (c)Any person who is required to plant replacement trees pursuant to subsections (a) or (b) of this Section shall permanently maintain such trees in a good and healthy condition, for a minimum of five (5) years to ensure permanent establishment of any such treels, as determined by the City Arborist. Such person shall post a maintenance bond in a form prescribed by the Community Development Director and execute a maintenance agreement with the City, which shall be recorded in the office of the County Recorder, (d) The violation of any provision contained in this Article during the conduct by any person of a tree removal, structural pruning, landscaping, construction or other business in the City shall constitute grounds for revocation of any business license issued to such person. 15-50.190 Tree Companies Operating in the City Any business, which performs structural pruning on protecred trees in the City, must be in possession of a Saratoga business license, and must have an ISA certified Arborist on staff, is in a supervisory position for the accomplishment of such work. 15.50- 200 Possession of an Approved Tree Removal Permit A person or firm removing an ordinance-protected tree as defined in Section 15-50.050 shall have in their possession a copy of an approved Tree Removal Permit. Upon request of a peace officer, City of Saratoga Code Enforcement Officer or other City Official a person or firm removing an ordinance-protected tree shall produce the approved Tree Removal Permit. If the person or firm cannot produce an approved Tree Removal permit all tree removal activity shall be suspended until a permit can be produced or obtained from the Community Development Department. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. 15 Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. , The foregoing ordinance was introduced and read at the regular meeting of the .city Council of the City of Saratoga held on the_day of _, 2002, and was adopted by the following vote following a second reading on the _ day of _, 2002: AYES: NOES: ABSENT: ABSTAIN: NICK STREIT, MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY 16 . ". . . . 'r \ , , - SARATOGA CITY COUNCIL MEETING DATE: September3,2003 L\ ' AGENDA ITEM: ORIGINATING DEPT.: Citv Manager's Office CITY MANAGER: ø ~ d7 PREPARED BY: Danielle Surdin ., ' DEPT. HE SUBJECT: Expanding Decorative and Safety Lighting in the Village RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: fþ Background At the June 18, 2003, City Council meeting, Council approved year-round decorative lighting in the Village commercial district 7-days a week. Council directed staff to look at the option of expanding the lighting program to include Saratoga-Los Gatos Road, 3rd & 4th streets, and the lighting of Blaney Plaza's main entrance for this year's holiday tree lighting ceremony. fþ Staff has also included cost estimates for two related Village lighting issues that were previously raised as public safety concerns-the addition oflight to the stairs on 4th street that connect the Village with Oak Street, and the installation of an additional street light on 3 rd street. Expanding Decorative Lighting Proiects & Estimates Project 1 - 3rd & 4th Street Decorative Lighting Expansion · Decorative lighting and new GFI electrical bases would be installed on all street trees · Hours of usage: 7-days a week, sunset -11 p.m. (4-6 hours per night depending on season) · Light usage curtailed or discontinued in times of a stage 2 or 3 energy emergency · Cost estimate: $11,830 ." Project 2 - Saratoga-Los Gatos Rd. to Oak Street Decorative Lighting Expansion - · Decorative lighting and new GFI electrical bases would be installed on all street trees starting on Big Basin Way and ending on Oak Street · Hours of usage: 7-days a week, sunset-ll p.m. (4-6 hours per night depending on season) . · Light usage curtailed or discontinued in times of a stage 2 or 3 energy emergency · Cost estimate: $16,652 Project 3 - Blaney Plaza · Decorative lighting on two main tree top canopies utilized only dùring the holiday season · Hours of usage: 7 days a week, 6 hours per night, sunset - 11 p.m. during the holiday season (day after Thanksgiving - 1 st week in January) · Light usage curtailed or discontinued in times of a stage 2 or 3 energy emergency · Cost estimate: $2,657 Additional Safetv Lighting Proiects and Estimates - Project 4 - 4th Street Stair Lights · Solar lighting installed on 4th Street stairs to improve safety for pedestrians during the evening hours · Hours of usage: 7-days a week, sunset - 11 p.m. (4-6 hours per night depending on season) · Light usage would not need to be curtailed or discontinued in times of a stage 2 or 3 energy emergency · Cost estimate: $4,710 Project 5 - "3rd Street - Streetlight" · Additional city street light would be installed on 3,d Street next to a commercial building (14500 Big Basin Way) to increase pedestrian safety during the evening hours · Hours of usage: 7 days a week synchronized with lighting standards of City street lights · Cost estimate: Estimate will be provided at City Council Meeting FISCAL IMPACTS: For FY 2003-2004 the maintenance, purchasing, and energy Costs for the decorative and/or safety lights will be allocated out of the Landscape and Lighting District Fund - a Zone 7. Lighting and Landscaping District Funds in this area are remitted back to the . City from the state as a result of the AB8 backfill to partially offset the effects of Proposition 13. These funds are sufficient to support any or all of the lighting options presented in this report. ., 'f \ . CONSEQUENCES OF NOT ACTING 1. No additional streets would be added to the Decorative Lighting Program. All aspects ofthe Decorative Lighting Program would remain the same. ' 2. No additional streetlight would be installed on 3rd Street. 3. Fourth Street stairs would remain the same. ALTERNATIVES 1. NIA FOLLOW-UP ACTIONS . 1. If approved: · the project would be added to the Capital Improvement Plan (CIP) under "Village Lighting." · the contract with vendor KC Enterprises would be increased to include the installation of new decorative lights. · the City would enter into a contract with vendor SOLectric for GFI installation, solar stair lighting, and streetlight. ADVERTISING, NOTICING, AND PUBLIC CONTACT: Nothing Additional. ATTACHMENTS: None . e .,. e e , ¡ · · · · · · · · · · " SARATOGA CITY COUNCIL MEETING DATE: ,~ September 3, 2003 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: C --7~~ PREPARED BY: Cary BIOOmqU~ DEPT HEA.D: ~esJ~",---,,-,- SUBJECT: Wildwood Park Safety Review of Kompan Multi Seesaw M 146 RECOMMENDED ACTION(S): 1. Approve placement of Kompan Multi Seesaw M 146 at Wildwood Park REPORT SUMMARY: In direct response to Federally Mandated Playground Equipment Safety Standards, the City, through the Parks and Recreation Commission, formed task forces and held kickoff meetings this past July, 2002, at Brookglen and Wildwood Parks to replace existing play equipm,ent that does not meet federal safety standards. At their regular meetings on May 21, June 18 and August 6, 2003, Council reviewed design proposals from Design Focus and directed staff to research the safety and durability of the Net Play Equipment and other play equipment components included in the design of each park. At their August 6, 2003 meeting, Council approved the Design Plans for the Playground Improvements at Brookglen I Wildwood Parks and Authorized the City to purchase the play equipment from the approved vendors. As a condition of this approval, Council requested the City perform a detailed safety analysis of the Multi Seesaw (M 146) component from play equipment manufacturer Kompan in an effort to determine the products safety features, safety record and to determine if this type of play equipment is inherently more dangerous than other types of play equipment. Background: Kompan is a highly reputable company with over 30 years of experience in designing and building high quality play equipment. All Kompan play equipment meets the American Society of Testing Material (ASTM) and U.S. Consumer Product Safety Commission (USCPSC) specifications in addition to being in good standing with the International Play Equipment Manufacturers Association (IPEMA). The International Standards Organization (ISO) have also certified Kompan play equipment (attachment A, pages 5-7). '. . Body: According to the table published by the U.S. Consumer Product Safety Commission (attachment. . A, page 26), which lists injuries associated with Public Playground Equipment, seesaws account for only 3% of all injuries (based on 100%). The Multi Seesaw (MI46) is one of the most popular items sold by Kompan, and is, constructed ftom the highest quality materials. The springs used in the product are not ordinary springs þut sophisticated coil springs designed by Kompan to provide durable, long lasting wear. They are designed to withstand extreme stress while maintaining the correct degree of elasticity. The Kompan springs have a patented clamp that effectively protects against inadvertent pinching of fingers (attachment A, page 8). The specifications for the springs are listed in attachment A, page 9. The Safety Compliance Coordinator of Kompan indicates in his August 18,2003 email (attachment A, page 1) the Multi Seesaw springs are not exempt :ITom any of the "pinch, crush or shear requirements". The structure, per Kompan, is tested with its full design load and through a full range of motion. To pass the test, a rod, designed to imitate a child's finger, must not be entrapped by the spring at any time during the test. This is also stated in a letter from Kompan dated August 7, 2003 (attachment A, page 2). Technical information for the Multi Seesaw (M 146) is listed on page 14 of attachment A. The safety record ofthe Multi Seesaw (M146) is excellent. In an email from the City of San Luis Obispo Recreation Director dated August 13, 2003 (attachment A, page 4), no related injuries have been reported from the usage ofthe Multi Seesaw. The seesaw has been in heavy usage for many years at the park, and is still in good physical condition. Per telephone conversations with . Kompan's Safety Compliance Coordinator on August 18, 2003, there have been only 3 documented safety related claims received by Kompan regarding the Multi Seesaw. It was. noted each of the 3 claims were related to improper usage of the equipment, and not from equipment design or material failure. None of the injuries were serious and were related to falls. . Kompan maintains a liability insurance policy in excess of one million dollars and offers a 10- year warranty against material failure and a 5-year warranty against failure of springs. Conclusion: The Kompan Multi Seesaw is a popular, heavily utilized component with an excellent safety record, which meets or exceeds all modern safety standards and requirements for play equipment. FISCAL IMPACTS: NA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Kompan Multi Seesaw will not be installed at Wildwood Park and an alternate piece of play equipment will be installed in its place. . '. . e e . . '. ALTERNATIVE ACTION(S) None. FOLLOW UP ACTION(S): Staff will order the Multi Seesaw from Kompan. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A - Literature on Kompan Multi Seesaw. 1 Cary Bloomquist 1 From: Sent: To: Cc: Subject: George Lemagie [George.Lemagie@Kompan.com] Monday, August 18, 2003 4:47 PM Cary Bloomquist Margaret Brown Multi Spring See Saw - M146 ATTACHMEN¡t Mr. Bloomquist, To confirm the information requested/presented in our telephone conversation: . The M146 meets the ENl176 standard for public playground equipment in Eur~pe. Portions of this standard exceed that of the ASTM F1487 standard in that the springs are not exempt from any of the "pinch, crush, or shear II requireme~ts. The structure is tested with it's full design load and through a full range of motion. The spring must not entrap a rod designed to imitate a child's finger. To my knowledge, the only incidents involving lnJury to a child using the M146 were not related to product design, but were the result of inappropriate behavior by one or more of the users. George T. Lemagie Safety Compliance Coordinator Kompan Inc - Olympia . . 1 2 , . Kampan Inc 7717 New Market St Olympia, WA 98501 Tel: 800-426-9788/360-943-6374 Fax: 360-943-6254 www.kompan.com Mr. Cary Bloomquist City of Saratoga 19700 Allendale Ave. Saratoga,CA 95070 ". August 7, 2003 Re: Kompan Moments Multi Spring See Saw - M146 Dear Mr. Bloomquist, . This letter is to document that the above structure has been tested and IPEMA certified as compliant with all applicable safety requirements of the ASTM F1487-01 standard. It was also certified to the previous version of this standard, F1487-98, as referenced in the current California state law. This structure also complies with the CPSC guidelines as published in the current edition of the "Handbook for Public Playground Safety". "In the interest of public playground safety, IPEMA provides a 3" party certification service whereby a designated independent laboratory validates a participant's certification of conformance to the ASTM standard F1487, Standard Consumer Safety Performance Specification for Playground Equipment for Public Use, except sections 10 & 12.6.1; CAN/CSA Z614 Children's Playspaces and Equipment, except clauses 9.8, 10.4, and 11.1.1; or both." As a participant in the International Play Equipment Manufacturer's Association's Equipment Certification Program, Kompan maintains a liability insurance policy in excess of the one million dollars required by the program. The hinge pOints and springs on this product are designed to protect users from injury when used as intended and properly maintained. Structural testing is performed according to procedures required by the certification program above with maximum user weights at full occupant load. 3' v The Multi Spring See Saw has been in production for many years and is one of Kompan's most popular pieces of play equipment. It has been sold throughout the world and maintains an excellent safety record. . If you have any further questions or we can assist you in any other way, please let us know. Sincerely, /f7? George T. Lemagie Safety Compliance Coordinator Kompan Inc. Cc: customer files . . . . . Ca From: To: Sent: Subject: "Linda Fitzgerald" <Ifitzger@siocity.org> <cbJoomquist@saratoga.ca,us> Wednesday, August 13, 2003 1 :36 PM RE: TeeterTotters in City Park Hi Cary, AlJ is welJ here. I checked with our risk manager and we have had no reports or claims on the teeter-totter at Santa Rosa Park. The playground is heavily used, so <knock on wood>, no reportable injuries. Hope this helps you out...please contact me ifI can be of any further assistance. Linda Fitzgerald, CPSI Recreation Manager City of San Luis Obispo lfitzgerald@ci.san-Iuis-obispo.ca.us lfil?;gemlð@slo,ci!YÆg (805)781-7293 - phone (805)781-7292 - fax »> Cary Bloomquist <cÞ]ûQmqµist@samtOga,ca,l!s> 08112/03 10: 17 AM »> Hi Linda, Hope things are going welJ for you. At our City Council meeting last week, one of our Council members had questions about the Kompan Multi Spring Seesaw (MI46). Do you have any records or documentation of anyone been injured whiJe using this piece of equipment? Any infonnation you can provide is greatly appreciated. Best Regards.. Cary -----Original Message----- From: Linda Fitzgerald [mailto:LFITZGER@slocity.org] Sent: Thursday, July 03, 2003 3:49 PM To: Cary Bloomquist Subject: RE: TeeterTotters in City Park Cary: I found the infonnation in my files. The item specified was a 4-seat multi-seesaw and the manufacturer specified was Kompan, item #MI46. This piece was installed in 1994 during the renovation of the play equipment. I have a site plan I can send if you need it. If there is anything else I can get for you, please let me know. Page 1 of2 4 ". 8/13/03 . . '99 "'DI)SIRIAl DHLGN EXCEllENCE AWAR¡¡:; -'---~''-=-:- ~ I :IEMA' ,"".........._1...-'" ..n.,.....,......þ..... MEMBER DS/EN ISO 14001 :DS: DS/EN ISO 9001 . .. .. .. .. .. "EM AS" .. .. .... .. 5 . e KOMPAN Credentials Nearly twenty years before Big Toys and \<OMPAN joined together, a designer in America and an artist in Denmark bath began a revolution in the field of children's playground equipment. The original concept both designers based their companies on was remarkably simple; design and build high quality play structures that allow children the opportunity to experience imaginative and continuous play. During the next several decades, bath Big Toys and KOMPAN grew by faithfully applying our founders' ariginal concept in a variety of ways. Two main ideas were central to the growth of both companies: remain intensely focused on the needs of the child and be innovative in our design and use of materials. e By keeping our sights on the child, we have set the standard far ploy in our 30 year histary. We ore one of the largest, international commercial play equipment manufacturers in the world. We have enjoyed receiving many prestigious design awards. At KOMPAN, we consider safety first. We minimize risks by sound design, thorough testing, and use of only the highest quality materials. KOMPAN equipment is designed to comply with the specifications of the American Society ofTesting Material (ASTM F1487-98), the U.S. Consumer Product Safety Commission (USCPSC), and the Canadian Standard Association (CAN/CSA-Z614-98). We are members in good standing with the International Ploy Equipment Manufacturers Association (IPEMA). The International Standards Organization (ISO), and the Danish Standards Association have certified KOMPAN to ISO 9001. This signifies that total quality assuronce measures are implemented at every step of our production process, from raw material sourcing to delivery of your KOMPAN equipment an site. We at KOMPAN also toke our ecological responsibility seriously, and have taken steps to comply with environmental regulations, while specifying materials that meet or exceed safety standards. KOMPAN has further achieved an environmental certification to ISO 14001, and is registered with the Eco Management and Audit Scheme (EMAS). e Safety One thing is certain, and that is most children could use a guardian angel. Children explore through play and their constant quest to expand their limits make parents and teachers alike, nervous. In spite of our good intentions, we must avoid the pitfall of over protection. , At KOMPAN, we consider safety first. We minimize risks by tborough testing, sound design, and use of the highest quality material. . KOMPAN equipment is designed to comply with the, specifications of the American Society of Testing Material (ASTM F1487-98 and the U.S. Consumer Product Safety Commission (USCPSC), as well as the intent of the Canadian Standard Association (CAN/CSA-Z614-98). We are members in good standing with the International Play Equipment Manufacturers Association (IPEMA). The surface under and around playground equipment can be a major factor in decreasing the injury-causing potential of a fall. Consequently, it is critical that the playground surfacing is appropriately selected and installed. A fall onto a shock-absorbing surface is less likely to cause a serious injury than a fall onto a hard surface. Because head impact injuries from a fall have the potential for being life threatening, the more shock-absorbing a surface can be made, the greater is the likelihood of reducing severe injuries. Sand, gravel, wood chips, and rubber matting are materials commonly used for safety surfacing. In sufficient quantities, each will provide the necessary impact absorption. (see table below) Your KOMPAN Play Consultant can advise you on which material meets your safety needs and budgetary requirements. ,. r . MATERIAL UNCOMPRESSED DEPTH COMPRESSED DEPTH 6 inch 9 inch 12 inch 9 inch Wood Chips 7 10 11 10 Double Shredded Bark Mulch 6 10 1 17 Engineered Wood Fibers 6 7 >12 6 Fine Sand 5 5 9 5 ¡-. Coarse Sand 5 5 6 4 Fine Gravel 6 7 10 6 Medium Gravel 5 5 6 5 Shredded Tires 10-12 N/A N/A N/A Source: u.s. Consumer Product Safety Commission Handbook for Public Playgro.und Safety, Publication number 325, 1997. Environment We at KOMPAN extend the same commitment to children and their welfare as to the planet they will grow up on. We take our ecological responsibility seriously, and have taken steps to comply with environmental regulations while specifying materials that meet or exceed safety standards. KOMPAN products are made predominately of renewable lumber from managed forests. Our equipment is produced with the proper recycling code affixed to reusable parts. These materials can be re-manufactured into useful products. The total cost to the environment is kept to a minimum, so our childrens' children will have a beautiful place to enjoy beautiful playgrounds. -~ . KOMPAN Inc. believes choosing a playground should involve more than simply picking out what type of equipment you want .to tit t include for your new or upgraded playgroun'd. An informed decision about issues involving safety, accessibility and age appropri- ' ate equipment should be made with careful consideration. To this end, we have included a sampling of organizations that can provide technical information, safety guidelines, and consumer interest studies. Please visit these organizations on-line or call them to request reports and studies (a fee may apply). Of course, your KOMPAN Play Consultant will be happy to assist you with any questions you may have pertaining to the importance of these organizations. Agencies and Organizations for the Playground Equipment Industry American Society for Testing and ,Materials (ASTM) 100 Barr Harbor Drive West Conshohocken, PA 19428 (610) 832·9585 www.astm.org A scientific and technical organizatiOJ:"I that is an independent developer of technical standards utilized in testing different types of materials. ASTMpublishes two reports regarding playground equipment and surfacing: . F1487-98 - Standard Consumer Safety Performance Specification for' Playground Equipment for Public Use . F1951-99 - Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment American Society of Landscape Architects (ASlA) 636 Eye Street NW Washington. DC 20001-3736 (202) 898-2444 www.asla.org The mission of ASiA is to Jead, to educate and to participate in the careful stewardship, wise planning and artful design of our cultural and natural environments. Consumer Federation of America (CFA) 1424 16th Street NW. Suite 604 Washington, DC 20005-0999 (202) 387-6121 wvvw.co'nsumerfed.org Since 1968, the Consumer Federation of America (CFA) has provided consumers a weH~reasoned and articulate voice in decisions that affect their Jives. CFA publishes a report entitled "Report and Model Law on Public Play Equipment and Areas:' KOMPAÑf- . International Play Equipment Manufacturers Association (IPEMA) 8300 Colesvil1e Rd., Suite 250 ' ,Silver Spring, MD 20910 (301) 495-0240 (800) 395-5550 www.ipema.org IPEMA's philosophy is to represent and promote an open market for manufacturers of playground equipment and surfacing. IPEMA offers a third party certification service whereby a designated independent laboratory validates a manufacturers certifi- cation of conformance to the ASTM Fl487-98 (excluding section 10 and 12.6.1) Standard Consumer Safety Performance Specification for Playground Equipment for Public Use, Standard. National Association for the Education of Young Children (NAEYC) 1509 16th St., NW Washington, DC 20036-1426 (800) 424-2460 (202) 328-1846 www.naeyc.org NAEYC exists for the purpose of leading and consolidating the efforts of individuals and groups working to achieve healthy deve- lopment and constructive education for all young children. National Parent Teacher Association (PTA) 330 N. Wabash Avenue Suite 2100 Chicago, Il 60611 '(312) 670-6782 www.pta.org The mission of the National PTA is three- fold: To support and sþeak on behalf of children and youth in the schools, in the community and before governmental bodies and other organizations that make decisions affecting children; To assist parents in developing the skills they need to raise and protect their children; To encourage parent and public involvement in the public schools of this nation. National Recreation & Park Association (NRPA) 22377 Belmont Ridge Road Ashburn, VA 20148 (703) 858-0784 www.nrpa.org The National Recreation and Park Associa- tion is a national, non~profit organization that advocates parks and recreation experi~ ences of the highest quality for all people. NRPA works closely with national, state and local recreation and park agencies, corporations, citizen's groups and allies to attain these objectives. Please contact NRPA to get the address and phone number of your local NRPA chapter. U.S. Architectural and :Transportation Barriers Compliance Board (Access Board) 1331 F Street NW, Suite 1000 Washington, DC 20004-1111 (202) 272-5434 or 1-800-USA-A8lE www.access-board.gov e This board, established in 1973, has served the nation as the only independent federal agency whose primary mission is acces- sibility for people with disabilities. For infor- mation about play facilities, visit their web- site for the most recent þublications. U.s. Consumer Product Safety Commission (CPSC) Washington. DC 20207 (800) 638-2772 www.cpsc.gov CPSC is an independent agency within the United States Federal Government with the authority to inform the public of current product safety information. CPSC publishes "Handbook for Public Playground Safety" (Publication #325) free of charge. This handbook is a detailed working blueprint to help local communities, schools, day care centers, corporations and other groups build a safe playground. Please feel free to copy and post this page for reference. . 7717 New Market Street . Olympia, WA 98501 . 1-800-426-9788 . www.kompan.com KOMPAN Inc. is the world's leading manufacturer of playground equipment. With an extensive line designed with the needs of the child clearly in focus, we choose quality materials to create play environments children and adults can trust. See the back inside cover for the KOMPAN Play Consuftant in your area. -~ I i " . SPECIALIZED MATERIALS KOMPAN's playground equipment is manufactured using a combination of wood, plastics and metal. Each of these materials is' used in applications where it is best suited for children's play activities. A few of our quality building components are detailed further here. Full descriptions and technical information for these and all of our materials are detailed on pages 162 -170. ~KOMPAN Springs ~ As the basic component in our in all of our spring riders, the KOMPAN spring is not just an ordinary spring but a sophisticated coil spring specially manufactured to our precise specifications by one of the worlds leading spring manufactures. KOMPAN springs are durable, long lasting and èharacterized by their capacity to withstand extreme stress while maintaining the correct degree of elasticity. Naturally, the paint finish contains no heavy metals. KOMPAN has developed a patented clamp that effectively protects against inadvertent pinching of wandering fingers. This clamp eliminates pinching hazards under the most extreme play situations. The smaller springs used on many of our dual-spring riders, while smaller than those of the classic, large spring, are fitted with a polyurethane insert to prevent pinching when the springs are moving. , KOMPAN Quality Wood In today's urban, fabricated landscape, the use of wood can reintroduce an ~ element of nature into a child's environment. Wood is a living, natural, elemental material. It exudes warmth and has an aesthetic quality that complements its surroundings. KOMPAN's BigToys product line features wood that is sanded furniture-quality smooth. It is pressure treated using a water-borne preservative that meets strict U.S. Consumer Product Safety Commission standards. New processes in wood production have made KOMPAN structures nearly maintenance-free. Other KOMPAN product lines, such as the Little Crown, Traffic and MOSAIQ lines, are constructed using colorful KOMPAN panels made with the finest grade, 3/4" (19 mm) marine quality plywood that is coated with a super-solid, durable paint finish. TROPIC Alternative KOMPAN's TROPIC option was introduced in 1999 to serve as an alternative material to our traditional wood panels and decks on a selection of our KOMPAN Early Childhood standard units. While we maintain that wood is the best material for a child's play environment, we recognize that certain climates combined with specific surfacing materials and heavy use can benefit by using our alternative Tropic materials. A structure that contains Tropic materials will include High Pressure Laminate (HPL) for flooring in high traffic areas, and High Density polyethylene (PEHD) panels. , High Pressure Laminate is a composite material consisting of 70% wood fibers and 30% thermosetting binder. High Pressure Laminate has a very high wearing strength and, since it is also homogeneous, wear does not impair its properties. High Density Polyethylene panels are UV stabilized to increase color durability. LITTLE CROWN through MOSAIQ Little Crown through MOSAIQ Products Description of materials Product ranges: lITTLE CROWN, ClASSIC, VILLA, TRAFFIC, FANTASIA, LAGUNA, MOSAIQ. Wood - The main material used is wood, which is harvested from plantations with sound re-forestation programs. The variety of wood is specially selected for use in playgrounds. Painted KOMPAN Panels - KOMPAN uses specially manufactured marine plywood. The inner plies are of pine or pine/aider. All exposed edges of painted panels aTe radiused to a minimum of 9/16 inches to eliminate sharp edges. A specially developed two-component polyurethane paint, Super Solid, is applied to the panels. The paint meets the European standard EN 71-3 Safety of toys, Part 3: Migration of certain elements dealing with toys that children may suck or lick. Application is electrostatic in an enclosed paint system with leakage control. The polyurethane paint is continually tested according to KOMPAN's strict quality requirements. For testing of painted panels, KOMPAN has developed an accelerated, hotlcold test and is tested for Ultra-violet resistance. · Heat tolerance - Approx. 107' F and a relative humidity of 100% for 9 x S days and nights (DIN 50017-40). · Freezer - Approx. -60' F for 8 x 2 days and nights. · UV irradiation - QUV type UVA/340, exposure for 2000 hours. Adherence and abrasion resistance aTe tested according to the following standards: · Adherence - ASTM D4541/DIN ISO 4624 · Abrasion resistance-D4060-90/ASTM C501 Resin-Coated KOMPAN Panels KOMPAN employs a specially manufac- tured marine plywood panel with a tex- tured resin coating for areas exposed to extensive wear such as floors and seats. The inner layers are pine or pine/alder. i The coating consists of 600 g/m2 resin, ~ resulting in an abrasion index (Taber ¥- index) of at least 2000. 2 coats (at least 100 um dry film) of two-component polyurethane paint are applied to the edges of all resin-coated panels. This paint meets the EN71-3 standard, d. above. High Pressure Laminate Panels - High pressure laminate (HPL) is used for floors, steps and other places exposed to extensive wear. HPL is a homogenous n o '0 '" oõ' ¡r I> ~ o ;: ¡¡ z ;; o ~ o o o 162 material with a very high wearing strength and a high level of resistance to rot and fungal attack. HPL consists of wood fibers and a thermosetting binder which is then compressed under high temperature and high pressure. HPL is approved for contact with food products and approved in accordance with the European Standard EN71-3. Safety of toys, part 3, migration of certain elements dealing with toys that children may suck or lick. Used HPL can be recycled, but for energy reasons incineration is recommended' by the supplier. KÓMPAN Wood products Posts - Produced in pine, dimensions 3 3/4 inches x 3 3/4 inches, full-squared, planed with edges radiused to a minimum of 5/16 inches. The posts ar milled to minimize splitting and checking. Sapwood is cut and then profiled on all four sides to reduce radial tension. Post tops are domed or provided with a nylon cap. Dimensioned Wood and Boards - The dimensions of handrails for staircases, bridges and bearer battens for floors are either 1 3/4 inches x 3 3/4 inches or 1 3/32 inches x 3 3/4 inches pine. This lumber is full-squared, planed and edge radiused to a minimum of 5/16 inches. Floorboards - Floorboards are planed with top edges radiused to a minimum of 5/16 inches. Crossbars - All crossbars for nets have a 3D' angle profile on the top to discourage walking on the crossbar. Pressure Impregnated Pine (Pinus Sylvestris) - Our columns are halved pine of a good quality and without dead knots. Pressure impregnated with Tanalith E according to DS 2122/1NSTA 140, class A (appropriate for in-ground application) under carefully controlled conditions to ensure minimal environmental impacts. Hardwood - Rungs of ladders are made of hardwood with a diameter of 1 3/8 inches, Steel - All metal parts are dimensioned for heavy-duty, industrial application. Types of metal used are steel, stainless steel or brass. All joints above the ground are screwed or bolted joints. Surface Treatment - To protect steel parts against corrosion, they are all subjected to one of the following basic treatments: Hot-Dip Galvanizing - Meets DSIISO 1459, 1460 and 1461, classes A and C. Delta-Magni Treatment - Consists of an inorganic, cathodic protective pre-coat (Delta Tone) and an organic barrier top layer (Delta Seal). Delta-Magni treatment 9' . is environmentally friendly both in production and in use. II is free from A. lead, cadmium and chromium. W flectrocoaling of Paint (fC-painting) -. By means of electrophoresis, paint is applied to the phosphate-coated com- ponents in a layer thickness of at least 30 microns. The components' are then subjected to one of the following finishing treatments with paint: ' Wet Painting After fC-Painting - Application of two coats of polyurethane paint in a layer thickness of at least 80 microns. Powder Coating - Surface-coating of components is carried out according to DS 412, corrosion classes ~ and 3. KOMPAN Springs - Sprmgs are made of steel qualities trat meet DIN 1722S. The springs are subjected to shot peening to prevent crack formation and fatigue fracture. Spring durability and expected life in use are tested on a sampling basis with a 140 lb. load and at 3D' F to ascertain that the spring will function after more than S years of normal use. Springs are fitted with patented anti-pinch clamps of cast nylon or specially develo ed s rin fittings. _ I e Be s - Slide beds are made of plastic and are rotation molded. AI plastic slides are single slides. Slide beds are also available in stainless steel in a thickness of 1/16 inches with a textured surface (single slides) or in a thickness of S/64 inches with a smooth surface (double slides). All edges are folded and are thus inaccessible. See also Polyethylene. Swing components - Swing suspensions are made with tvvo separate suspensions, each consisting of a double ball bearing system with a swivel enclosed in a cast nylon housing. Crossbar is of hot-dip galvanized steel. Seats are fastened with a small-link, stainless steel chain with an inner opening of maximum 5/16 inches according to DIN 7668 or with a KOMPAN rope. Plastics - A variety of plastics are used, selected for suitability, strength and environmental properties, The plastic components are identified by means of international standard abbreviations, allowing optimum recycling. All plastic components retain their properties in the temperature range of _86' F to 140' F. e Only plastic materials included in the EN 71 standard are used. . Polyamide (Nylon) - PAG Applications: Curved hand holds, footholds, DO-NUT, WOOD-DO, net -. fi) TERMS & WARRANTY Prices: All prices are retail Olympia, WA, Marathon, NY, Cerritos, CA and Lancaster, PA and do not include freight and handling. Subject to change without notice. Terms: Net 30 days from date of invoice to public schools, governmental agencies, not-for-profit organizations and those with approved credit. All other customers must submit a credit application to determine terms 'of credit. Visa and MasterCard are accepted ($100.00 minimum). Warranty: We offer the following warranty on all original KOMPAN products properly assembled according to manufacturer's direction. CLASSIC. LITTlE CROWN. VILLA. TRAFFIC. FANTASIA. LAGUNA. MOSAIQ, GALAXY. 10 PLUS: 1 years: Warranted against failure due to material or production defects on all wooden components, painted or resin-coated panels, HPL and plastic panels, timbers and galvanized steel components. S years: Warranted against failure due to material or production defects on springs, plastic slides and other steel or plastic parts. _._ 2 years: Warranted against failure due to material or production defects on all other movable parts, with the , exception of springs. , EARLYWORKS, BIGTOYS. SITE FURNISHINGS: 12 years: All pressure treated wood components on play equipment are warranted against structural failure due to deterioration from fungi or insects. Steel pipe components are warranted against failure due to deterioration that impairs the structural integrity of the unit. S years: Rotationally molded components are warranted against failure. 2 years: All parts of properly assembled equipment are warranted against failure due to defects in materials and workmanship. SAFETY SURFACING: S years: Warranted against failure due to defects in the manufacture and workmanship on safety surfacing tiles. PLAYS HADE: 10 years: Warranted against failure due to corrosion, deterioration or faulty workmanship on metal frames. S years: Warranted against defects in the manufacture and workmanship on PlayShade fabrics. PlayShades are not designed to withstand snow load. Note: The above warranties do not cover vandalism. In case of defects covered by our warranty, KOMPAN delivers original replacement parts to the customer's address free of charge. The warranty does not cover wear and tear or deterioration resulting from misuse or lack of maintenance. The warranty does not cover installation. Specifications: Product development is an ongoing process. For this reason we KOMPAN reserves the right to discontinue or change specifications without notice. All play equipment having an elevated designated playing surface must be installed over accessible, resilient safety surface where applicable. KOMPAÑf . tþ IMPORTANT INFORMATION Installation In your selection of KOMPAN products, you have chosen a high quality product that, when properly installed. and maintained, is guaranteed to withstand many years of active use. Installation is made easier with our detailed installation instructions. Additionally, KOMPAN's ·technical catalog provides guidelines such as time and manpower required for installation. This technical information is available through your local KOMPAN Play Consultant. Installation services as well are available through your local KOMPAN Play Consultant. Maintenance Like installation, routine maintenance can be managed without profession- al help. All of our products are constructed of durable materials that withstand heavy use year after year. Low maintenance requirements are a primary concern during the material selection and design process of all KOMPAN equipment. Regular cleaning and maintenance will prolong the life of your structure considerably. Use only KOMPAN parts for replacement to ensure warranty coverage. Maintenance services are available to all KOMPAN customers. ~ur KOMPAN Play consulta. nt can assist you with these service options. Certification ~ KOMPAN is a member in good standing of IPEMA, the International Play Equipment Manufacturers Association. IPEMA is a member-driven international trade organization which represents and promotes an open market for manufacturers of play equipment and surfacing. - In the interest of public playground safety, IPEMA provides a third party certification service whereby a designated independent laboratory validates a manufacturer's certification of conformance to the ASTM F1487- 98, Standard Consumer Safety Performance Equipment for Public Use, Standard. The use of the IPEMA certification seal by KOMPAN signifies that we have received written validation from the independent laboratory that the KOMPAN products listed on IPEMA's Internet website conform with the requirements of ASTM F1487-98. For the most up to date listing, please visit the IPEMA website at www.ipema.org. The Canadian Standards Association (CSA) publishes a non-mandatory guideline for children's play spaces and equipment. KOMPAN has strongly ~upported and participated in the writing of this document and continues this support through involvement with the harmonization of the American Society of Testing and Materials standards and CSA documents to create common guidelines for all of North America. please ask your local KOMPAN Play Consultant for more information on regulations and safety standards. All products featured in this catalog have been thoroughly evaluated for compliance with the applicable guideline requirements, while still being subject to professional judgement and application of relevant anthropometric measurements for children in age groups 2 through 5 and 5 through 12. ~ 'Nle,,~MIA 'W"'''NUJ''tIIUI!II$IISSDtl,ulllllf MEMBER e , ~ Many youngsters can participate by climbing onto the seesaw's generous planks for a fun, social ride. The Multi Spring Seesaw's unique center platform offers barrier-free access, allowing physically challenged children to participate in group play. The Multi Spring Seesaw is one of KOMPAN's most popular designs. Also available in ultramarine/yellow. Quartet Seesaw"" M 155 There is ample space for many children to have a seesaw ride. Spring Seesaw M 141 Super Spring Seesaw M 142 @ Albatross"" M 143P With their unsurpassed construction, the Spring Seesaw, Super Spring Seesaw and Albatross are the safest seesaws in the world. Each rider's weight is evenly distributed between the players, so even if a child jumps off, there is no resulting sudden drop. The M 142 accommodates an adult or friend seated behind a physically challenged child and the wide foot rest and blue support bar keep knees and feet securely in place. M 141 and M 142 also available in ultramarine/yellow. Support M 147 For children still sharpening their sense of balance or those with physical challenges, a more secure sitting position may be desirable. A stabilizing back and foot support is available and can easily be fitted to the Multi Spring Seesaw (M 146) at either end. . Alternative foundations are available on all spring rides. Refer to the technical information available through your KOMPAN Play Consultant. . More spring based products are available in Little Crown and Traffic. Equipment must be installed over resilient surfacing appropriate to the safety 'Y', guidelines for your area. ,~:1f';o{.'.,';"':"":"" KOMPAÑf- 6 / 2-12 YEARS 4 4'71IXS'411 / 140x162cm 16'7"x1714" / 50SxS2.8cm 2-12 YEARS 2 111'lxlOt211 / 34x310cm 13" "x22r2" / 399x676cm 2-12 YEARS 6 l'lO"xl0t311 / 56x312cm 13!9Ilx22'3" / 419x678cm 2-12 YEARS 4 1 !grrxll 1511 / 53x348cm 13'9"x24'911 / 419x7S4cm NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE KOMPAÑf CLASSIC M 146 o o N ] i ~ ~ o ~ . E ~ ~ o " M 147 13 . . Multi Seesaw M 146 The Multi Seesaw is ,big enough for a whole flock of children to play together, Seesaw rides, talking, singing and balancing - .the Multi Seesaw with its spacious seats and wide centre platform offers a multitude of options for every child. Two setso,f springs keep the Multi Seesaw in motion and add extra stability. Support M 147 This extra back support and foot rest are practical additions for children with poor co-ordination or sense of balance. These simple additions can be attached to one or both ends of the Multi Seesaw. . . e TECHNICAL INFORMATION KOMPAÑf- CLASSIC e Multi Seesaw M 146 Best user age: 2·12 years Installation: 6·8 hours Highest designated play surface: 2'11" /86cm Space required, including use zone: U.S./Canada: 23'1" x 15'6" / 704 x 472 em Materials Painted KOMPAN panels, seats and platform of KOMPAN panel with textured resin coating, polypropylene handhalds and footholds With sleel core, laminated and pressure impregnated wood beams. Spring construction complete with foundation. Footing Ground anchoring M 12. Alternative foundations and fittings available. AlSO available in ultramarine or alternative colors. Support M 147 Installation: 1 hour Materials Painted KOMPAN panels and KOMPAN panel with textured resin coating. Optional extra for the M 146, Solid foot and back support. Provides extra foot, leg and back support for Children who may need it. One M 147 fits One side only of the M 146. 3'~" '" 3'1" .. "¡. .-." ¡' 1 \' " " ,,0 '~' r)Lw:i~·5~~1-_-~j~·1 '" --------- ~ ~ / / I I I I I I I I I I \ \ \ \ , , " --------- I I I I I I I I / / / ~ 9'10" 300 '''¡' If \\ 2' ~:í¡\ 60 ~__..-"^ AZ____~ 0 r-···_m_' ,.'--..----- '" e * Free height of fall fffh.\PEMA: ~,;t.~~"it~~> MEMElER A"'''''''''''''' 5D55 I~··<~""""" VIII ProdUC1developmM! Is..noogolng p'oc:es., FO<'IhI.rca<on,we reserve \he 'lgI>IIO make mo(lirlçalions In the lorm of p'''''\JC1 Improvcmcnc. In all our P'''''uct., All p1ayequipmcn! !laving an ClevalC<!playsu'facelOOMbalnstallcdoverae<:cnible, ,,¡,illM! ",rctYS<Jrlacingwt>c'eapplicable. Inl<;>tmation sI>Own On the hlgheSl(le,lgnatcd plaYSUflaCe"aswella''Pacc,equlrcmCOl.., I. ac<:ordlng to ASTM 1487 and USCP$C guiderinesfor pubHc playgroun<l' al the lime of Ihi. p'lnllng. For more dc",lIcd Inf",matlonon ma!ctial.. sarely and insmllatlon. please"'" the spcciricatlon.onscpa,alepag'" www.kompan.tom 14 ~ , i , , ~ , ~ "- . U IPEMA Certified Products ()- Page I of2 IPEMA Your Partner in the Play Equipment Market Monday, August 11, 2003 The list of IPEMA Certified Products is maintained exclusively by' Detroit Testing Laborato Inc. Certified Pro uc s Spring riders Product Line IIDescription [ISPEEDER ¡[STINGER IIBLAZER IlRACER IIHEN,RED [[HEN, RED TROPIC IIGANDER IIDRAGON [I RABBIT RABBIT TROPIC [ TURTLE I[DAISY liED [RED TROPIC [IBLUE I[PLANE [ISEESAW ¡¡SEESAW TROPIC [[SPRING [ ALBATROSS [ALBATROSS TROPIC SEESAW, RED SEESAW, BLUE I ¡Product # IELE 400019 [ELE 400020 IELE 400021 [ELE40002 IM10106 IM10106P 1M 10600 Ml1315 IM1l706 M1l706P IM12406 [M12805 IM13005 1M 13005P [M13007 IM13105 [M14105 IM14105P IM14231 M14305 M14305P M14612 M14622 http://www .ipema.org/certprod.asp 8/11/03 15 , e e . , · · · 16 The Third-Party Certification Program " ' In the interest of public safety, IPEMA provides third-party Product Certification services for U.S. and Canadian p U.S, public play surfacing materials. The services provide for the v lidation of a participant's certification of confo standards referenced below. Both programs are administered b etroit Testina Laboratory. Inc.:- · ASTM F1487-01, excluding sections 10 and 12.6.1 Standard Consumer Safety Performance Specification for Playground Equipment for Public use · CAN/CSA-Z614-98 excluding section 9.6 Children's Plays paces and Equipment · ASTM F1292-99 Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipme · ASTM F207S/4.6 , Standard Specification for Engineered Wood Fiber for Use as a Playground Safety Surface Under and Arou The appearance of one of the IPEMA Certification Seals, displayed below, in a participant's literature signifies tha received written validation from the program administrator that the product(s) associated with the use of the sea the applicable standard. listings of Certified Products Clicking on one of the IPEMA Certification Seals below will permit you to view the current validated product listin enabling you to create a dated hardcopy Certificate of Compliance for the certified products listed. Please click on one of the Seals below to view a Manufacturer's Validated Products or to create a Certific http://www.ipema.org/home.asp 8/11/03 IPEMA Your Partner in the Play Equipment Market Officers and Committees http://www .ipema.org/home.asp International Play Equipment Manufacturers Association 8300 Colesville Rd., Ste. 250 Silver Spring, MD 20910 (800) 395-5550 Tollfree (301) 495-0240 Voice (301 495-3330 Fax ~-:: )I 8/11/03 17 , . . . \ About DTL Page 1 of 1 DETROIT TESTING LABORATORY, INC. 18 · · · ffi lI'Eõme . ~~I;¡¡i}it )0 Welcome ~ History ~ Contact DTL )0 Directions )0 Job Opportunities .. Privacy Statement 1J!áü'laTk «emng Services ¡¡~r.:m¡~'ðn Services . ". ., .tions ~;rQuote ~rn í> )F ~elcome to DTL Measuring Your Success Detroit Testing Laboratory is an independent, accredîted, employee-owned testi[1g laboratory. We provide a complete range of . tech n ica I and development services which allows you to use DTL as a single source for all your testing needs. Our strong history of professional expertise gives you the edge in this highly competitive and fast-changing global marketplace. Whether you test to ASTM, SAE, FMVSS, ISO, DIN, JIS or to the requirements of automotive manufacturers and suppliers, our technical staff will get you results when you need them. DTL maintains accreditation through the American Association for Laboratory Accreditation (A2LA) to ISO/IEC Guide 25 - 1990. For a full understanding of our services, we encourage you to visit our facilities. Our technical sales staff will be glad to give you a personal tour and sit down to discuss your testing projects. Come and see for yourself how a history of success can work for you today. Mome' About- Lab Talk' Contact Us Testing' Calibration' Accreditation' Quote' Brochure PDF Copyright ©2002 - Detroit Testing Laboratory. Inc. - All Rights Reserved http://www.dtl-inc.comlabout.htm 8/11/03 DTL History DETROIT TESTING LABORATORY, INC. iÞ'Itl"tlome ~L ~ Welcome ~ History ~ Contact DTL ~ Directions ~ Job Opportunities ~ PrIvacy Statement 'I..'ä, )1!falk: ešting Services ~". itMions ~sfaQuote Íill.ill.ll!ffie ÞtlF r History The 97-year story of Detroit Testing Laboratory is one of success followed by , growth. Beginning in a one-room loft in downtown Detroit, the company initially provided quality-control testing For local foundries. In 1904, Jesse Stoddard and Charles Lamont joined founder William Pitt Putnam and incorporated the Detroit Testing Laboratory in 1907, expanding its activities and moving to larger facilities in 1913 and 1924. In its first haif-century, the company grew with the burgeoning auto industry, employing 40 people and becoming the sole supplier of metallurgy testing and fuel analysis for Cadillac, Ford, Buick, Oldsmobile, Durant and Hupp. Detroit Testing Laboratory was acquired by Dow Associates in 1948. Placing an emphasis on research and development, DTL expanded its services to include analysis and testing of a wide range of materials and products and quality control in areas of: ' · chemical, metallurgical and mechanical engineering · organic and inorganic chemistry · physical, environmental and functional testing · fundamental procedures in physics, chemistry and mathematics Automotive testing services by 1968 had grown to include testing of seat belts, brake hoses, door latches, hinges and brake systems. In 1976, DTL was purchased by Pier Talenti. The subsequent acquisition of Ann Arbor Testing Laboratory enabled DTL to establish a photometric test department to serve automotive and marine industries. As the auto industry embraced the use of plastics in the 1980s, DTL offered complete automotive interior and exterior component testing services. New facilities in Marysville and Willow Run, Michigan, enabled DTL to expand fuel and electrical testing. Additional success and capital investment enabled DTL to move to a 100,OOO-square-foot facility in Warren, Mich. At the same time, capabilities expanded in materials testing as well as full-vehicle and environmental testing. In addition, electrical and electro-magnetic interference labs were combined from DTL's Willow Run facility. By 1991, a polymer and composites, thermal analysis and rheology laboratory was added. The following year, the shock and vibration laboratory grew to include additional shakers and environmental chambers. In 1993, a horizontal-impact test sled was added to enable DTL to test infant/child restraint http://www.dd-inc.com/history .htrn Page I of2 19 1 e " ' e . 8/11 103 , · · · DTL History systems, side-impact air bags and other sa.fety components. Increased research into fuels formulations prompted DTL to consolidate its fuels testing facilities in Cen.ter Line, Mich., in 1995. Since then, the facility has been expanded twice. Commercial calibration services were added in 1997 and have received A2LA accreditation and achieved ISO 9002 compliance. Three years ago, DTL became an employee-owned com'pany. Today, the company is following a growth strategy that includes the formation of single-source, one-stop testing service partnerships with OEMs and their suppliers. Strategic acquisitions will enable DTL to consolidate its market share. As ever, its focus will be on superior customer service. H.ome· About· Lab Talk' Contact Us Ij3§JiJ19 . .Gª.1i.Þrªtl9.o . A.çc::rr;utitªti.Q.Q . Qt,JQ.tø -ßmC::t1vœ:,P.PF Copyright ©2000· Detroit Testing Laboratory, Inc. - All Rights Reserved http://www.dtl-inc.comlhistory.htm Page 2 of2 20 ., 8/11/03 Playground Equipment Manufacturers & Distributors .....i!!!W. ~~~. . ~~1E1.i!iãi.WII ~õm"b.......~~~~~ ~ JII!!!II!!I!!I!__~~~~ J,. IiiililiilllillIiIIIIIIiIiiMiI ~ ~ ~ Iii/iMìiiIiiI R.ê.!Wm.!ºMªi!lRê¡¡ºq..LÇêS,.,,1'.....~tª.!istJç¡¡Pª9ê PLAYGROUND EQUIPMENT MANUFACTURERS & DISTRIBUTORS Names and addresses of companies are listed for information only. Inclusion on the lists should in no way be construed as a recommenda,tion for or an endorsement of a company, its products or services by any individual, the National Program fOT Playground Safety, The University of Northern Iowa or the Centers for Disease Control and Prevention. KEY ~ Denotes they are a member of ASTM @ Denotes their catalog states that their equipment meets ASTM Standard F1487 (!) Denotes their catalog states that their equipment meets guidelines in USCPSC Handbook ¡company Address I Phone, Fax & Web Site Address American Playtime 800-231-PLAY Systems, Inc. 230 Rt. 109 Farmingdale, NY 11753-1503 ~ Big Toys Playstructures, Phone: 800-426-9788 Ltd. Fax: 360-943-6254 (owned by Kompan) Web: W\'{W~i:SPmp.<m.çº!J1 7717 New Market St. Olympia, WA 98501 (i)@(!) BCI Burke Co., Inc. Phone: 800-356-2070 (owns Genesis Play Systems) Fax: 414-921-9566 660 Van Dyne Rd. Web:WW\'.'.ß,ÇJbwLke.çº!J1 PO Box 549 Fond du Lac, WI 54936 (J@(!) ChildLife, Inc. Phone: 800-GO-SWING 55 Whitney SI. Fax: 508-429-3874 http://www.uni.edu/playgroundlresources/equipment.html Page 1 of4 21 , . e . 8/11/03 Playground Equipment Manufacturers & Distributors , Holliston, MA 01746-2010 Iweb: www.childlife.com I e ~ Columbia Cascade Co. Phone: 800-547-1940 1975 SW Fifth Ave Web: www.timberform,com Portland, OR 97201-5293 (o)(9(!) , Game Time, Inc. Phone: 800-633-2394 PO Box 680121 Fax: 256-845-9361 Fort p~ne, AL 35968-0121 Web: W11>"N.,@meJimg.cQJD ~(9 Grounds for Play, Inc. Phone: 800-552-7529 1401 E. Dallas Street Fax: 817-477-1140 Mansfield, TX 76063 Web :.W11>"N~gf@nºsfQfPlay.cOm (o)(9(!) Henderson Recreation Phone: 800-265-5462 Equipment, LTD. Fax: 519-426-1132 11 Gilbertson Drive, P.O.Box 68 Web:W11>"N,beDg~fsQDc Simoce, Ontario, Canada N3Y 4K8 fecr.ea!iQo.&Qm ~(9 \ iL Kompan, Inc. Phone: 360-943-6374 ~)\ / ~ 7717 New Market SI. Fax: 360-943-6254 Olmi~ WA 98501 Web: www.Kompan.com 7"- ~; . Landscape Structures Phone: 888-4FUNLSI (888-438- 601 South 7th SI. 6574) PO Box 198 Fax: 612-972-3185 Delano, MN 55328 Web: W11>"N.pJayJs!.coml (o)(9(!) Leathers and Associates Phone: 607-277-1650 99 Eastlake Rd. Fax: 607-277-1433 Ithaca, NY 14850 Email: (o)(9(!) leathe.rs@leatheIs.as.s.QcJate.s.cQ.m Web: www.leathersassociates,com Little Tikes Commercial Phone: 800-321-0183 Play Systems Web: www.littletikes.com 2180 Barlow Road Hudson, OH 44236 (¡)(9(!) Miracle Recreation Phone: 800-523-4202 Equipment Fax: 417-235-6816 PO Box 420 Web: W11>"N,miIaclec.LecfeatiOI!,c.Qm Hwy. 60 & Bridal Lane Monett, MO 65708 ~(9(!) Pacific Outdoor Products Phone: 425-432-6000 Inc. Fax: 425-432-2600 PO Box 50 Web: W11>"N.Raçifjçou!ººor.com Mapie Valley, WA 98038 , II , . http://www.uni.edu/playgroundlresources/equipment.html Page 2 of 4 22 8/11/03 Playground Equipment Manufacturers & Distributors IIß II II RE¡J.li[[l.,tqMainBE¡ôOl![Ç.E¡ôl?,$Ialiôliçôpa9E¡ Return to top Each year, over 200,000 children are injured on America's playgrounds. That's one every 2 1/2 minutes. To address the growing concern for playground safety, the National Program for Playground Safety (NPPS) was established in 1995 through a grant from the Centers for Disease Control and Prevention. Located at the Y!1iJ[eLIi[tY.9J.~:t9.rtIJ!!mJºwa, NPPS serves as a public resource for the latest in information on playground safety and injury prevention. L!!ªLnffiOIeabo.lJINpps. National Program for Playgroun'd Safety School of Health, Physical Education & Leisure Services WRC 205, University of Northern Iowa Cedar Falls,IA 50614·0618 Phone: 800·5S4·PLAY Fax: 319-273·7308 Web: www,_!,I_nJ,.!:td_wpJ.ªygro'JJId E-mail: RlID'..gTound-safety-®.YD.Î...-e..d.Y H9rn!!. I AÞo.lJJJJ.S. I SafetyIiP!!L~JAQs I ReSOlJICes~Stalis!içs I t'I.a.t,.i.O!1a!.Ac.!ion plan I P!aygro.lJnqsªfetyJ,'l!!!!!s I sªf!!!y:scb901.8<.Ç!!rtificªtion I N!!wsl!!!t!!L I Inib!! !'!.e.w.s I R!!port.ÇJ!Iq.s I NP!'S.,..!'Jo.!!..lJ.cts. I çªLe!1qªI.oL!"Ye!1ts I ÇOlltªcll.Js I I s.!I!"..MA!' I Request an NPPS/plavqround safety informational packet The University of Northern Iowa is an equal opportunity educator and employer with a comprehensive plan for affirmative action. http://www.unj.edu/playground/resources/equjpment.html Page 4 of 4 8/11/03 23 , e e e F1487-01el Standard Consumer Safety Performance Specification for Playground Equip... Page 1 of2 \ 24 e ACTIVE STANDARD: DO_'!IIJ1!>-ad (PDF) Price: $ 45.00 Pages: 57 Mail Delivery Select Location: - North America . InteJ.naJi,ºn,~_1 Whê!.ÜS an A_c.t~ standard? HISTORICAL STANDARD: :V.i,ew_..pJ.ß:v.ÎQ-"I.$.Ve,ysi.Q.I1.S",o.f thj,$.",~.tqDQard e Wlli!t is an Historical Standard.? Other Users of This Standard Also Downloaded: E;!049 .F20IS [355. H.elp Desk . Document Summary ... ,.. Copyright 2003 ASTM International. All rights reselVed. ., Developed by Subcommittee: F15.29 Building Codes; Book of Standards Volume: 15.07 1. Scope 1.1 This consumer safety performance specification provides safety and performanc for various type5 of public playground equipment, Its purpose is to reduce life-threa debilitating injuries. 1.2 The range of users encompassed by this consumer safety performance specifica 5th percentile 2-year-oid through the 95th percentile 12-year-old. 1.3 Home piayground equipment, amusement park equipment, sp,orts equipment, fi equipment intended for users over the age of 12, and soft contained piay equipmen included in this specification. 1.4 This consumer safety performance specification includes the following sections: Title Section Number Scope Referenced Documents Terminology Materials and Manufacture General Requirements Performance Requirements Requirements for AccesslEgress Equipment Public Use Playground Layout Accessibility Installation Structural Integrity Maintenance Labeling Fig u res 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Annex A1 1.5 The values stated in inch-pound units are to be regarded as standard. The value parentheses are for information only. http://www.astm.org/cgi-bin/SoftCart.exe/DATABASE.CART/REDLINE]AGES/F1487.ht... 8/11/03 About ASTM International About ASTM International ASTM Effective Participatio.D. HQw....Stª!Id,anls GetDeVelQped TheCQmmittee Web Page _. V. lew ~Cart ' Organized in 1898, ASTM International is one of the largest . voluntary standards development organizations in the world. ASTM IntI. is a not-for-profit organization that provides a forum for the development and publication of voluntary consensus standards for materials, products, systems, and services. More than 20,000 members representing producers, users, ultimate consumers, and representatives of government and academia develop documents that serve as a basis for manufacturing, procurement, and regulatory activities. For more infonTIation on ASTM: · Ereq\lentlyAsi<:ed Q\lestiom{tAQS) · ASIMJntl.,CommitteeStru.ctme · Handbook of Standardization · T\ltoxialOvexviewon.ASTMJntemational Page 1 of 1 25 t e e e http://www.astrn.org/cgi-binlSoftCart.exe/ABOUT/aboutASTM.html?L +mystore+kj Ib8306+... 8/11/03 . 26 .-. .-. .-. .-. .-. .-. .-. ~ ¿f:, ;:!': ~ ~ ;:!': ~ ~ ~ ;:!': ;:!': ~ ~ · 0 0 0 0 '" V) ~ V) V) \D ~ N 0 0 N V) ~ N ~ ~ ~ '<t N V ~ V) '" ~ ~ ~ ~ ~ " · -" " 0) 5 0.. .~ ¡¡.¡ "" § e 2 .8 01)- » ~'" "'- -"" ¡o.. ... " '" .- N - '" '§:r: ¡:l.;» ..coD ."';:: ...... ~ ¡:¡ "" 5 Be.., .;S! '5 " cr' o¡¡.¡ ¡:;'- -< 0 <n 0) " 0. ï:: >-. "f- ï? - ~ -< 0) :D '" f- · .-. ;:!': o 00 ~ ;:!': o 00 V) .-. ~ '" ~ .-. ¿ft.iJ. 00 ~ .-. :::RiJ. ::"'00 ~ \D .-. ~ o ~ ~ .-. iJ.'2f- r- '<t r- - ~ ;:!': o V) V) M .-. ~ o o - ~ .-. ¿f(iJ. ",0 v)o ~ ~ <n ... 0) oD .§ o .-. ~ '" ~ ~ '<t .-. ¿J.iJ. "'N \D ~ ~ .-. ,0 iJ. 0..... N~ ~N ~ V) .-. ~ o r- ~ .-. ;:R'$. o \D ~r- N~ .-. '¡f( iJ. iJ. 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" 0) 0) 5 ¡¡¡ ~ ~ " '" 0 §u '.p en '" . z;::¡ Qj 8 " o if1 '" .92 50% 5 E Õ 40% " ~ (j; 30% a. Figure 1. 80% Playground Equipment-Related Injuries Treated in U.S. Hospital Emergency Rooms, Types of Home and Public Equipment 70% 6Q% IOPublic OHome I 20% 10% 0% Climbers Swings Slides Types of Equipment Other Source: National Electronic Injury Surveillance System (NEISS), I 1/1/98 - 10/31/99 U,S. Consumer Product Safety CommissionJEPHA Public Equipment Location and Type. About 45 percent ofthe injuries involving public equipment occurred in schools, followed by about 31 percent in public parks (Figure 2). Injuries on public equipment also occurred in commercial daycare settings (10 percent), apartment complexes (3 percent), fast food restaurants (2 percent), and other locations (9 percent). 8 27. . . . ,/ . . . SARATOGA CITY COUNCIL MEETING DATE: lJJ September 3, 2003 ORIGINATING DEPT: City Manager's Office AGENDA ITEM: CITYMANAGER:&~ . DEPTHEAD~~ PREPARED BY: Lorie Tinfow SUBJECT: Status of the Saratoga Business Development Council RECOMMENDED ACTION(S): Accept report and provide direction to staff regarding community-based business advisory functions. REPORT SUMMARY: The Mayor during the early 1990s established the Saratoga Business Development Council (SBDC). Over the years, the group has had varying levels of City support. At times the group was granted a budget to accomplish objectives and has had staff support in terms of preparing agendas, taking minutes and organizing meetings. In these ways the group has operated as a formal advisory body to City Council. However, in many other ways, the group operates as an informal roundtable. To comply with the Brown Act, the group must function as one or the other. A recent discussion with the City Attorney about SBDC's Iistserve prompted examination of the group's status. The following table delineates the distinctions between formal and informal. The italics below represent those elements under which SBDC has been operating: Informal Roundtable Formal Committee/Commission No Council-approved mission statement Group operates with a Council-approved exists. mission statement. Meetings held as needed or on a regular Meetings held according to Council direction, basis i.e., monthly, quarterlv, etc. Meetings proceed with whoever shows up Members apply for appointment and Council appoints representatives; attendance requirements apply No need to post an agenda or have staff Agendas and minutes are posted and take formal minutes approved accordin¡¿ to the Brown Act No quorum applies because no formal Quorum needed for meeting action membership Electronic listserve use permitted Electronic listserve use not permitted; violates Brown Act Group functions as a conduit for Group advises City Council on specific information flow .only; group does not areas and has an official role as other serve an advisorY function. appointed bodies No re ort ·ven. No filing of conflict of interest statements made or re uired. Grou makes annual re or! to Ci Council Members must file conflict of interest statements with State of California " , .. e Staff brought the issue to SBDC's attention at their June meeting and changes were made to begin to bring the group into alignment with the "informal roundtable"-staff would no longer prepare the agendas nor take the minutes. During the meeting, three options were discussed: o SBDC takes steps to become a formal commission o SBDC continues to operate as an informal group (with appropriate changes). o City Council creates a separate, more formal business advisory commission At the July meeting those attending the SBDC meeting agreed to continue to operate informally and expressed interest in drafting a letter expressing their preference. A letter was prepared and signed by those attending the August 26 meeting (copy attached). In addition, the same group approved a motion to recommend to City Council that a separate business commission be established to work with SBDC on improving prosperity in Saratoga. FISCAL IMPACTS: o No additional costs are expected should SBDC continue operating as an informal group. o A more formal business advisory commission would increase costs in terms of staff time and annual Commission budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S): e No recommended action. ALTERNATIVE ACTION(S): 1. SBDC becomes a formal commission 2. SBDC continues to operate as an informal group (with appropriate changes) 3. City Council creates a separate, more formal business advisory commission FOLLOW UP ACTION(S): Staffwill convey Council's direction to SBDC and implement any changes. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: o Letter from participants attending the August 26, 2003, SBDC meeting and copy of meeting . sign-in sheet 20f2 , . . . August 26, 2003 Saratoga City Council 13777 Fruitvale Ave. Saratoga, CA 95070 Dear Council members: We, the undersigned, are aware that you will be discussing the future of the Saratoga Business Development Council (SBDC) at your September 3 meeting. We understand the issues recently brought to our attention by Assistant City Manager Lorie Tinfow regarding the relationship between the City and the group. She has expJained that we must operate as either an infonnal roundtable or a more fonnal committee or commission, and what each entails. We would prefer to operate informally and not be subject to the full range of City requirements. As background infonnation, our mission statement follows: The Saratoga Business Development Council provides a regular forum for business owners, residents, city officials, and other interested parties to meet and discuss Saratoga business issues, includingpromotional ideas and retention outreach. Thank you for your consideration. Sincerely, {!(dh/IJ¡f/Cfúd 'ffæt~ ~P-1 ----.... , , SARATOGA BUSINESS DEVELOPMENT COUNCIL August 26, 2003 e Please Sign in: *only need phone and email information if new or changed NA,ME PHONE # . EMAIL 1.~jJJ~ê/a i//JJa ;øø~ ~~~;/J;l3. 2. /O/jT ú'H I7'JI' . t£X77<"""t/A G'A/l/Z.4 1)a:f.sn7~Á ec(¡i)ear;7hlllvl:;.J?e1 ' ::';::t:;B!j;t;~~~~:~~ 5. (;¡Ré.4 ~U-l~ PLu.fY}(.;l) /-)OöC: Re.3>7:· çfe.-WepLr¡e.dh,,/'J(?,C,y 6. /ð,11 ~1r1<ft- 16<..U-"'" s.AfiA.C-"'YA-- . 7415'11'" AeLk..s....,..,<Ii2...C?€J..,¡c....sr.c'(.~.: 7.'6; I (C1o~0IL Ûof't:ø.-G~rr~\), Y'/L'1~,J ~b<6 t)<;1..ç h! /I @ L("V. /A)~ 8. n-0&y' J3ðf!.&/v1.M fj.} íJ/J 9. Uwl~ ~W ~ BUSINESS )hpK -Plf 1J1~~vJ~ ~ t C8\ . UJ 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. . 20. ~ e " " SARATOGA CITY COUNCIL l MEETING DATE: September 3,2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER; U~ PREPARED BY: Lorie Tinfow DEPT HEAD~~~~ ' SUBJECT: Recreation Program Coordinator Position Vacancy 'I' RECOMMENDED ACTIONS: Accept report and direct staff accordingly. REPORT SUMMARY: As part ofthe budget reductions for 2003-04, a staffhiring freeze was enacted with exceptions for department directors and essential employees. A copy of Resolution No. 03-007 is attached for reference. The Recreation Program Coordinator has given notice that she will be leaving the City for another opportunity. At this time staffrequests direction on whether or not Council considers this position "essential" and wishes to authorize the City Manager to release the hiring freeze in order to fill this position. The Recreation Program Coordinator performs the following tasks: · Staffliaison to the Youth Commission and support to all their programs · Supports Wamer Hutton House afterschool daily program for middle-schoolers: supervise part- time staff, plan programs, work with schools, etc. · Teen fundraising · Middle school dances · Teen concerts · Summersportscarnps · Summer teen camps · Adult sports · Skate Park program · Supervise over 20 instructors who teach approximately 120 classes per quarter Approximately 70% oftime is spent on teen activities and 30% on other recreation activities. If the position is not filled, other Recreation Department staff could absorb some classes and summer contract sports camps, but all· other programs would be eliminated unless major restructuring of the Recreation Department was to occur. This position is responsible for supporting many of the teen programs including the afterschool activities offered at the Warner Hutton House. Whether or not the position is filled, Council could reconsider teen use of the House based on a number of issues: wear and tear on, and maintenance of, the historic structure and the grounds; inability to rent the facility as-is at market-rate prices during weekends and other off-times; the added afterschool traffic congestion in Civic Center parking lots resulting from Redwood students going there to wait for pick-up; several incidents <:>fWHH students vandalizing or damaging staff cars. . In addition, the services offered at WHH are provided at no charge to parents. With the current economic climate, Counci1 could reconsider this arrangement as well. Budget cuts produced the hiring freeze, and many other City expenditures are under review. However, a similar reconsideration in the past met with resistance from the community. A few years ago, when the Warner Hutton House program was shut down due to a budget crisis, the Youth Commission lobbied the City Council to re- open the program and keep it free to the users. The Youth Commission committed to contributing $10,000 to offset the salary of the Program Coordinator position through the Friends ofthe Warner . Hutton House (FWHH) non-profit organization. Each year since then, FWHH has raised the $10,000 for this purpose. FISCAL IMPACTS: If the position is filled, no additional staffing costs will be incurred because the position has been funded in the 2003-04budget. . If the position is not filled, a savings of approximately $60,000 in salary and benefits cou1d. be realized. However, total savings would be offset by lost revenue generated by the teen programs. f - In addition, if the Warner Hutton House was not used for afterschool programs, additiona1 savings could be realized in terms of reduced property maintenance and building wear and tear. One option could be .. to improve the building and use the site for revenue generating activities. ,. ALTERNATIVE ACTIONS: · Authorize the City Manager to move forward with fiJ1ing the vacant position. · Determine the position not to be essential and direct staff to restructure the Recreation Department based on Council priorities. · Reconsider use of the Wamer Hutton House and direct staff to include options for other. use in the City Property Community Meeting on September 23. FOLLOW UP ACTIONS: Staff will implement Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: · Copy of Resolution No. 03-007 2 - , . . . , 'RESOLUTION NO, 03-907 A RESOLU1'IOiN OF THE CITY COUNCJL OF THE CITY OF SARA1'0GÂ. Il\1PLEMENTING AN ANNUAL HIRING FREEZEQNVACATED CITY POSITioNS. - WHEREAS, the City's best practice policy is to maintain a positive balance between current revenlles and the cost. of ()perations; and WHEEEAS, the CityisèlJrremly experiencing revenlle redllctions, which w()uld reqllire staff to implement measures f'ÛreJÇpeJ:ldi~re reductions, and ' , WHER,iEAS, staff reþomïI¡.endsa hiring freeze on an vacant positions except department heads ¡µ¡d other essential persOnnel,. as approved on a caserby-case basis and authorized by the CityCouJ:lcil; and WHEREAS, the City Coundl has considered the recommendations of the City Manager and,believes that implementing thèsefurther changes will be in the best interest of the City. WHEREAS, the City has apprised the recognizee¡ Jabor organizations of the above proposal. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saråtogå does hereby authorize the City Manager to impJement a hiring freeze for all existing and future vacated pòsitions, except for department heads and other essential positions that are approved on a case-by-case basis and authorized by the City Council. This hiring freeze will expire after one year from the date of authorization by the City Council and may be renewed anni:ta1I}'~rach year with adoptionoÎthe budget, as necessary. . The above and foregoingresoJution was passed and adopted at a regular meeting of the Saratoga City Council held ontbe19t4 day of February 2003, by the follo:wing vote: . e AYES: CouncilmembersKathleen King, Norman Kline, Vice Mayor Ann WaltonsmÌth NOES: None ABSTAIN: None ABSENT: Councilmember Stan Bogosian, Mayor Nick Streit ~~~ Ann Waltonsmith, Vice Mayor e Cathléen