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Home My WebLink About09-17-2003 City Council Agenda Packet , . . . :.'~ ;1\/i.\i~? ..~'-. /'::'l_' -'''''<''(~~ ,~(¡ '" .." ;:~~;.; ,":.:;/ v AGENDA REGULAR MEETING SARATOGA CITY COUNCIL SEPTEMBER 17, 2003 (ç~;'¿~',[(.n?(:i,\%r;f-{0~::;' OPEN SESSION - 5:00 P.M. ADMINISTRATIVE CONFERENCE ROOM - 13777 FRUITV ALE AVENUE COMMISSION INTERVIEWS 5:00 p,m, 5:10 p.m, 5:20 p.m. 5:30 p.m. 5:40 p.m. 5:50 p.m, 6:00 p.m. 6:10p.m. Winifred B. Simpson Geetanjali Arunkumar W, George Faraco Judith Rhea Klock Jeff Johnson Norman Siegler William "Bart" Ruebensen John l Haggerty Arts Commission Arts Commission Arts Commission Arts Commission Finance Commission Finance Commission Finance Commission Finance Commission CLOSED SESSION- 6:20 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITV ALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER- 6:20 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:20 P.M. Conference with Legal Counsel- Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Raihana Bano Agency claimed against: City of Saratoga Conference with Legal Counsel- Initiation of litigation (Gov't Code section 54956. 9( c): (1 potential case). REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITV ALE AVENUE MAYOR'S REPORT ON CLOSED SESSION ARCHIVE COpy 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 September 11, 2003,) COMMUNICA TIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Councilfor up to three (3) minutes on matters not on this agenda The law generally prohibits the Council from discussing or taking action on such items, However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Stcifj Communications from Boards and Commissions None Written Communications None Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications, ANNOUNCEMENTS Save the Date - September 23,2003 Community Meeting - 7:00 p.m. Civic Theater. City Inventory Report will be available at the City Clerk's Office and on the City's website at 1J0.Y.1Y,§.1!Œ19,g;ªsª,.\).§ on Friday, September 19, 2003. CEREMONIAL ITEMS L Commendation - Expressing Appreciation for Saratoga Citizen John "Jack" Mallory Recommended action: Present commendation. SPECIAL PRESENTATIONS 2A Introduction of Genie Dee, Executive Director SASCC Recommended action: Informational only, 2B. Certificate of Achievement for ExceJJence in Financial Reporting Recommended action: Acknowledge achievement. 2 , . . . CONSENT CALENDAR · The Consent Calendar contains routine items of business, Items in this section wil{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. 3A Review of Check Register Recommended action: Approve check register. 'I 3B. Planning Action Minutes - August 27,2003 Recommended action: Note and file. 3C. Planning Action Minutes -September 10, 2003 Recommended action: Note and file. 3D 2002 Concrete & Stormdrain Maintenance Program - Notice of Completion Recommended action: Accept Notice of Completion, · 3E. Proposal for Architectural ADA Improvements at Hakone Gardf)ns ADA Improvements Project Recommended action: Approve proposal and authorize City Manager to execute agreement. 3F. 2003 Concrete Maintenance Program - Award of Contract Recommended action: DecJare George Bianchi the lowest bidder; award a construction contract; authorize staff to execute change orders to the contract. 3G. Saratoga Business Development Council (SBDC) Recommended action: Adopt resolution. 3H Expansion of Decorative and Safety Lighting in the ViJJagel Appropriation of Funds Recommended action: Adopt resolution. 31 Authorization to Purchase Play Equipment for El Quito Park Play Equipment Replacement Project [¡-om Miracle Recreation Equipment Company Recommended action: Approve purchase and order of play equipment. · 3 3J, Resolution of Support ofthe Memorandum of Consensus - Prepared by the Santa Clara Valley Water Resources Protection Collaborative Recommended action: Adopt resolution, . 3K Claim of Raihana Bano; Claim No, GL-05S073 Recommended action: Reject claim. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of . ten minutes maximum for opening statements, Members of the public may com~ent on any itemfor up to three minutes. Applicant/Appellants and their representatives have a totaloffive minutes maximumfor closing statements, Items requestedfor continuance are subject to Council's approval at the Council meeting) 4. Major Update and Amendments to Section 15-50, Tree Regulations Including City Attorney Suggested Additions and Deletions and the Adoption of an Environmental Determination and Adoption of a Environmental Determination Recommended action: Re-open the continued Public Hearing; introduce the ordinance and waive the first reading; schedule a hearing to consider adoption of the ordinance at the meeting of October IS, 2003; adopt resolution granting the Negative Declaration of Environmental Impact. OLD BUSINESS S, Septic Abatement Program - BeJow Grade Septic Systems Recommended action: Accept report and direct staff accordingly. 6. Heritage Orchard Well and Irrigation Pumping System - Additional Funding ApprovaJ Recommended action: Approve increase of existing change order for additional scope of work. 7. Santa Clara Valley Transportation Authority Restroom Facility - Approval of Design Recommended action: Approve design. 8. Amended Scope of Vacation of George Whalen Way Recommended action: Adopt resolution, NEW BUSINESS 9. City/School Relations AdHoc Committee Recommended action: Accept report and direct staff accordingly. 4 . . · · · 10. Anza, PG&E, UPRR Trail Easement Trail Noticing Options Recommended action: Accept report and direct staff accordingly. 11. Saratoga Retirement Community Trail Easement Recommended action: Accept report and direct staff accordingly, 12. Discussion of Policy Issues Regarding Personal Services and Considerations of Adopting a Proposed Urgency Ordinance to Establish Temporary Prohibition on Personal Services Business Recommended action: Accept report and direct staff accordingly. COMMISSION ASSIGNMENT REPORTS Mayor Streit Heritage Preservation Commission Norton Road Fire Access Ad-Hoc Committee Tree Ordinance Update Ad-Hoc Committee West Valley College Ad-Hoc Committee Vice Mayor Waltonsmith LAFCO AdHoc Committee Parks and Recreation Commission VT A Restroom Ad-Hoc West ValJey College Ad-Hoc Committee Councilmember King Mt Winery Ad-Hoc Committee Public Safety Commission Tree Ordinance Update Ad-Hoc Committee Youth Commission Councilmember Kline Gateway Task Force LAFCO Ad-Hoc Committee Library Commission Mt Winery Ad-Hoc Committee Planning Commission VTA Restroom Ad-Hoc Committee Councilmember Bogosian Library Expansion Committee Norton Road Fire Access Ad-Hoc Committee 5 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 or ctclerk@mmtoga,cc/'us. 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), REVISED - CITY OF SARA TOGA CITY COUNCIL MEETING CALENDAR 2003 9/23 Community Meeting 1011 Regular Meeting . 10/15 Regular Meeting 11/5 Regular Meeting 11119 Regular Meeting 12/3 ReguJar Meeting 12/9 Special Meeting - Council Reorganization 12/17 Regular Meeting 01/7 Regular Meeting 01121 Regular Meeting . 6 · · · SARATOGA CITY COUNCIL MEETING DATE: September 17, 2003 ORIGINATING DEPT: City Manager's Office PREPARED BY: êß~ CatbJeen Boyer. City Clerk AGENDA ITEM: CITY MANAGER: 0-7~ DEPT HEAD: SUBJECT: Commission Interviews for Arts Commission & Finance Commission RECOMMENDED ACTION: City Council conduct interviews. REPORT SUMMARY: ." The following people have been scheduled for interviews: 5:00 p.m. 5:10p.m. 5:20 p,m, 5:30 p.m. 5:40 p,m. 5:50 p,m. 6:00 p,m, 6:10p.m. Wini[¡-ed B. Simpson Geetanjali Arunkumar W, George Faraco Judith Rhea Klock Jeff Johnson Norman Siegler William "Bart" Ruebensen John J. Haggerty Arts Commission Arts Commission Arts Commission Arts Commission Finance Commission Finance Commission Finance Commission . Finance Commission There is one (1) vacancy to be filled on the Arts Commission to fill an unexpired term of Sylvia Wohlmut term expiring 412006. There is one (1) vacancy to fill an unexpired term of Emily Garbe, term expiring 10/2005. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments would not be made to the Arts Commission and the Finance Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: City Clerk will place item on the Octoberl, 2003 agenda for adoption of resolutions and Oàths of . Office. ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Vacancies were advertised numerous times in the Saratoga News, noticed in' the Saratogan, and was posted on the KSAR community bulletin board. ' ATTACHMENTS: Attachment A - Applications ofthe above named applicants. , e e e . . . CITY OF SARA TOGA COMMISSION APPLICATION FORM %: 0> Y'" -? 'Î2 <'& , DATE: ?J ))03 COMMISSION APPLYING FOR: À to J S (',0 Y"- """; '5-S (. 0 '" ' ~. W(~·l-Çr-e.l~. S/~rSO,", MR. TELEPHONE: C±9~ <g G,1- / I..i.f-ò HOME 'I' WORK ADDRESS: 11157 ,U;Lk'e.t-1 A\I~· YEAR YOU BECAME A SARATOGA RESIDENT: 19(.,3 ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? ~ WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? Y<=-~ WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? Y e~~ BRIEFLY DESCRIDE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: =+-"ßlt-....C,~ t- - ~ AN ~A Q? 0 yn "",,-,-,,,-';T1. C oj/e.¡ e.. 19 7'8':::rf;'C..~e...1 EDUCATIONAL BACKGROUND: '"j3"F; A. ~I-\.t~.s>f,,\ 0:5 NfLW M",-~~<!: '" M.M.. £'St-- c.reJ"'~t"'-) - Sa......S"se ,S-ì~te. /AI'\' Vers.íT\ .. ., .. " 4 ,. ADDITIONAL INFORMATION OR COMMENTS: F>ðóe-Y'T - /Y\O'f'\lJvo G-o.-!(er1l ~d-.-r,,-ToJ"'- \ Œ.~, . 00- ( ~ ,. -re e.. r - c9 \'C'.J,-~¡-., cl "':1 -4,=-tl.5 Is - /V)t7 f\ T &-/ (j ð fAel"l\þer -~'1N\~ .Æ-frl~ L/c-- hð~CrN-) !'<ì "'-::::' t~ ~r",- TtLr .... ;} \, . REFERENCES: (Provide Name and Phone Number) L rh) J 1<; '],.. J/J -,.,~ ,,-J / 2, IA ¡,-S De. B I'V~_ K' 3, P4-iL/ <L U)A e.Ts TõK[~ <f{t7-:3ISD 1't,7-1?3J... <6 b 7 -~~ '1-3 . PRINT NAME: ¡WI:-' :~v-e-¡ í3. ;;'t~rSo"- SIGNATURE: ~ß. . 5 .,¡, e e e >' CITY OF SARATOGA COMMISSION APPLICATION FORM .~ DATE: 7/10 I 03 JUN .1 0 2003 COMMISSION APPLYING FOR: ART J\j.ß. " I "A l MRS. &ee:to.v~a. I Õ\Ü'ì l,o'YLQ"í ¥R, q' TELEPHONE: I-; <0<¡?- - <6'67- 4 \iqo HOME WORK ADDRESS 1QS<¡f2 C..\rIlk("döV\\1CL'f Gt;) So...--Co..1<:5Q.,.> CA '15070 YEAR YOU BECAME A SARATOGA RESIDENT: ( Cj '17 ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? ìes WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? ~ es WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? 'Ie$. BRIEFLY DESCRmE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: X "'-ýYJ OL hDvY'e\fY>o..}e" ~. ø- '\folu.nieeefoc bo~ A-íjùY1~ f2teí"en.\-~ 0- /2&d.woocl..t-.\¡'dc)}e- 5c-lnco\$ I 1: 1-e04 ~ <A--ct d(Ãs.~e.Ç {by 2. ð-('o!d~ C7L~ C<.v\ O<..-t- ol oCeVl't· :r hM \¡v\ 'I r+p..' Ë-'Xh' b ì+i 0 n O-l'ìct ~\N? ~ vE'.lI\. cLe..yY1DV1S~ on S' d f ty¡ 'ý w tT{ k O\.-t- Q f~ 0:J rnro..V) ìe -5 $ u. c. h o..ç Ge.ne+-ecJ/\ ~ S'u.v> ~(,"oÇì~+~ ¡ , 3- hO--ie o..\g 0 ~(À\-ljh1- on rn..ìn-t;\f) Q at 'Yðl-(,Y'Ot oJ: A<t//. QY) a.~1-d'~ fleO-œ \ oöl;: o:...h'Ýv! welo~ì1e.', ""'\i\JW~ <A."~() k¡,,"fY'O-~ ¡COrn /~1.~ <Çf-u:. \ 0; EDUCATIONAL BACKGROUND: ::L Co\~f\cl-e--J 'rV1-ì '- ßoch:\~s ¡ n A'<f:~/ w- '1 \--clìQ Mj pDSi- jYcxd~ wo--S \p 1t..ß-I-{o\'Vct 'l;r lelAl'fSWI (¡'ne, T"+ \r~~ct.. \AP~eYp 0)( fP ~.e:rt:P \A.<;' ì:J m:y teop\e CÀ- ~ C)'Ý~ VI ìg:::Lf\ ðV\~ s kz II s , 'T{\ lu Ù/~:L \!'1J tL\nte.ed fo)" rk '-G:-fJ 0 t ~u..hl'ìrva..b,~ :c lAo..\¡e OvÍg'o tCi'-\::en c\ø.-çseç ¿V\ t.:?t-/el( O>-VloÆ vJO--fe-rc.o(ô·~, 4 . ... .. ... . .' . .~ ADDITIONAL INFORMATION OR COMMENTS: :.T ~...¡e \,veJ,\') ÇC^"~~50l ~--r G% rA'Í-S ~ T enjOj ~feÓfle o.Y1d W/ Gt~' L: QV6) k~ --Ìo p..--dywfe ~ O-o-£Kshc L(;- ,/uk¡.'\~ oß~ wk¡c.h \Ñilì b,>"r".j6tMYÁ-"'~ ouJ behe0-rihf), tl'Dt)e D( 5&.-(o..*DðQj I wðÆ ld'e -6 ~ ~ --thì;:; c \--,(Ã,!\ev,~e) (',V1r.kV.cY\.L'Jv wi~1-he A...-tGmyY1ìs-sìoVl I REFERENCES: (Provide Name and Phone Number) 1. S·\À,bo.,$h~ \!edcm+~ /~cJ 2. (VtOv'fo, ß~o... 3. fo-O-jeL-h G--:>C -re,-í Lt) 1'\11,;' YYV\ 'Ílr\Drnas 5. (hJ+< Wo....1:oy0C!c'iJ liog--7ltl-550 1 I-f o~-'2bg.-- q¡SS' . J..¡ V ß--- 74 l - q LðV k¡ ð~ - 'i?67- r;;7 L7 NÐ"IS- Î4-¡ - í?-Sð} PRINT NAME: G-r2RXPrN:SA L. ( ARuNKUrvrltK SIGNATURE: ~ M¡ oý'(:B\.\Iî0e í-S ~o....dAe:d. 5 . . . . . GEETANJALI ARUNKUMAR 19582 Chardonnay Court, Saratoga, California 9'5070 Tel: (408) 867-4490 E-mail: gits@pacbelLnet Web: http:/ /www.arunkumars,cóm/geeta SUMMARY & OBJECTIVE I am a people-oriented person with good communication skills, I have a strong interest in the arts and am good at organizing events, having worked in a travel agent organizing events and tours for large groups, I am looking for a role in which I can help increase the awareness of arts, '" EXPERIENCE 2001 to 2003 Saratoga, CA Art Docent and Volunteer · Art Docent at Argonaut Elementary School · Art Docent at Redwood Middle School · Led Decorations committee for School auctions (2003) Summer 2001 Cupertino, CA Art Teacher · Taught Oil painting at "Young at Art" Oil Painting Studio Summer 2000 Various Locations Pottery Exhibitions · Genentech · Sun Microsystems, Mountain View, CA · Private Exhibitions · Samples of my work can be found at http://www.arunkumars.com/geet> June - July 1998 Saratoga, CA Art Summer Program (non-profit) · Conducted art classes for 6 to 9 year olds · Ananged ten one-hour sessions: defined syllabus, procured materials, enrolled students · Activities included fabric painting, ceramic painting, sketching and collages, 1998 -1999 Argonaut School - Volunteer · Organized class events for 4th grade students Saratoga, CA August 1996 - April 1997 San Jose, CA Tiny Tots School - Teacher's Aide · Responsible for organizing art projects, supervise children at play and with their crafts and songs, January-April 1989 Sunnyvale, CA City Of Sunnyvale - Volunteer · Responsible for answering phones and filing, · Created banners for the Parks and Recreation Department '. e 1987 Stanford, CA Bing Nursery School - Volunteer · Assisted teacher with activities and art projects for pre-schoolers January 1983 - September 1985 Bombay, India Tradewings Ltd. - Travel and Tourism Agent · Organized group tours for overseas visitors · Managed accommodations, ticketing, reservations, budgets and complete travel plans for' groups of over 150 travelers visiting India from all parts of the world, · Handled International and Domestic airline ticketing, visas and. passport requirements EDUCATION 1997 Sunnyvale Community Center, Sunnyvale, CA · Ceramics workshop (Created, glazed and fired original works in clay) 1981-1982 Sophia College, Bombay, India · Post Graduate Diploma - Travel and Tourism 1978-1981 University of Bombay · BA (JY!ajors: Geography & Psychology) 1979 - 1980 Alliance Francaise · Diplome de Langue Francaise INTERESTS My two wonderful children! Fabric and Oil Painting, Ceramics, Piano, Tennis and Yoga, e e 2 . . ----- CITY OF SARATOGA COMMISSION APPLICATION FORM RECEIVED JUN 0 1 2003 CITY OF SARA TOGA DATE: 6/30/03 COMMISSION APPLYING FOR: Arts Commissioner MR. W. George Faraco TELEPHONE: 867-5732 ADDRESS: 13561 Howen Drive, Saratoga CA 95070 YEAR YOU BECAME A SARATOGA RESIDENT: 1972 ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? Yes WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? Yes WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? Yes '" BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: Retired mechanical engineer and industrial designer (semiconductor processing equipment). Self employed for ten years as interior architect specializing in restaurants, night clubs, and offices. During the past year I have been employed by P APP A (Palo Alto Parents and Professionals for the Arts) and the Palo Alto Junior Museum (recently completed a summer workshop titled "Art and Engineering"). My principal focus in the past year has been as a volunteer, teaching art to children in Saratoga and Palo Alto schools for grades K through 8, I am currently assisting in the 2003 Foothill School summer program. I have been a docent in the Palo Alto "Meet the Masters" program for several years and developed their Matisse cutout project, Alexander Calder mobiles and wire sculpture projects and Paul Klee project, During Summer 2002 I volunteered in both the San Jose Museum and the Saratoga School summer programs, EDUCATIONAL BACKGROUND: BA, Sculpture and Architecture, UC Berkeley. ADDITIONAL INFORMATION OR COMMENTS: I have extensive experience with a host offme arts media, including drawing, painting, sculpture and printmaking. I have had gallery shows for both painting and sculpture. This year I received a special recognition award [¡-om the Argonaut PT A for time spent at Argonaut. During the 2002- 2003 school year, I taught after-school GATE programs (four weeks each) at Argonaut, Foothill and Redwood schools, These classes combine art and science/engineering. REFERENCES: (Provide Name and Phone Number) 1. Elizabeth Guy (867-7588) 2. Frances Pierce (650-85l-8822) 3. Kathryn Picanco (265-5190) 4. Sue Brooks (Principal, Argonaut School, 867-4773) PRINT NAME: W. George Foraco SIGNATUR:E:""~~ CITY OF SARA TOGA COMMISSION APPLICATION FORM DATE: ÛJdU SÛ, :2.{)û '3 & ( '. /i COMM1SS~ N APPLYING FOR: (~ eMS' MRS. MR; en g .Ç-\ ,-I o ~ :::> -> . ~dn(~~'. cl..'I L)/ I I ;/Ü/i(UL þjœtJ-k/;;~ (J TELEPHONE: (L./t/f:,) /12 ç -/ /2. / HOME WORK ADDRESS: /9ftó) äíA~ýv¡t/;f(-¡ :;tU1.X/,,-fìrucrz/!;rÄ/ r/4 '7 SO? Ú YEAR YOU BECAME A S~TOGA RESIDENT: 9t//J'1L /CfflS ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? ;jI£"2-/ WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? J¿/'Z/ WOtJLD YOU BE ABLE TO ATTEND EVENING MEETINGS? ~/2--' BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS . CURRENT OCCUPATION AND EMPLOYMENT HISTORY: ¡fdM.ec! fríWI :1oJJ;~/.w/ /997. kÞekd uA ~ ~~F~ÝV1]S~, ~ W-/~~ t.A-? U~ Jit ~~d Z£ tý~ ifP1~o/ ~ d~ ;J1fh1~~ ~~ (cM1 ,~~ ~aL- Þ~dcd~d¡~~(þÞ¡c/ ~n!n~ ~¿+~ EDUCATIONAL BACKG~OUND: n1¿."f~:Û~tA--t1 ~«~ ~. J:bJ~4~.J~/~ r!vtirld/~ (q~ð . ~kI :kdidl edi.Ry./ &tt-y 7' JtZ4tUlc:dæõ /_. JØn ~ a1 &d:b~ (Jhi~ ~¿c/ ~~~ ~0 ofl5~, Whh~'l d~~ØØ . 1/Cl1/M0 ~/~~ ~ ~ ~ ~ i<.:~ JÝ!~C¡ f;t~ç ClA1-ø( aho¿v.~kÝ¡ ~k~~/ r'¡ A4UA-j-~ ~ --t /?tlWI ~ rivvvtz::f:: µ¿U..U~ ~~7 cY!~~¡~ Vl~~;/; ~{C?~i::!:jc:!::~ ~~~~. . . . þ4c'J ~~ Æ;- tb7?~ ;/;:z?ddb ~,~~L-c~, ADDITIONAL INFORMATION OR COMMENTS: Þd~~,þ-/~q~- ~ , >-- ~/l//¡1f/ :2¿;¿u¿ th tf?~ftvI 7~ £k¿:;; ad ~;e~'t;~. . . ~u/JÍ t2'H.k/ ~/.hu4 tZ-u/ ~~ tIJ%~ /.~:i; ';A-'1', þ' , ~ ¡/ 0 /'¥d/ , -.. ß?nA';Yd1e&~ ~~,~,¿ú' d"7 6v<tU.<;t'J <k~ a/ ~ ;l~~. ~.M~/l~d~~ øtAvi2/~-¿ ~. ~._. ~¡5c7<ßb/~Æ-t~/~~~~~ 7~~ REFERENCES: (provide Name and Phone Number) I '" L6u~;tl:œA (1';i) 3571-9t'59-~1/£~ ti:if~" 2Þf~ 4r (f"V 39>./5¿e';)~~ /~~ &Ihn/ 3.;du£ ~\~/7',pð) Y7?V¿i Ý {/J-?///A.-"/-~~'//?c~~ o ü / J , PRINT NAME: atcJ,'-¡h f1~'^- !--idcc.... fþd ø~i:W-- 9~ /. 200-:> SIGNATURE: 5 ...,." .Þ " COMMISSION APPLICATION The infom1ation on this application is considered pub]ic infoo11ationand wilJ be fumished to any requesting party, **APPLICANTS MUST ATTEND A COMMISSION MEETING PRIOR TO PARTICIPATING IN THE INTERVIEW PROCESS** DATE: Av JL'S'T :J- ~ 2003 1"",/V A/V (E COMMISSION APPLYING FOR: r MS, MRS, JEFF 001-l N!>otll ~ TELEPHONE: L{D~- g'3.2- 738'7 HOME 5t1.1't1'f, WORK ADDRESS: i'B'7t.5 W£'STVI£4J .D~ìl/£, Sf'¡¡Q.ATDbFi YEAR YOU BECAME A SARATOGA RESIDENT: I c¡e¡ b ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? Yes WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? 1J0 WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? Ycs BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT mSTORY: Jooo - fJreso·,t > i"'\BA S'tv&k.;;f a....¡) etf- iw.ne- daÆ / ¡q'l'6- ;La-;o; Fìel& A~f¡ìl.,h'm5 Er11;heer J Te. k~·'h¡-x ¡CctI- 1 qq ~; fì.elJ 5~Jf'.s fr'l.9,hrer, T-e f¿'fny,,'j( 19'65- 1'1'1 I ' F/el"R A-ffll,'t..'h77>5 Gr>.9''t1/''er, T.ek-Þi'x 1 . J> c::: C:> ro Q1 ~ = c:.u . . ,,' ~ .. EDUCATIONAL BACKGROUND: rnBJ4 ~ :;'003; 5AN'i11 CLÞ{Q.", UNIVEV-<$/T'( . ß,S fLec.-m'c.wf 6tìj.'neeîiI1J; /1f1; Vn;Versì'ly i-,f ¡Lt,fW,,5 ADDITIONAL INFORMATION OR COMMENTS: '" e REFERENCES: (provide Name and Phone Number) L f/1ARs¡.¡¡:¡ JeW e5 ; tleijAbcr'f 5'rnall b«5,nf55 p¡,,)n..-r~· 777- 907t. 2, æ06f,eT + GAIL !>\JC¡?rE; rte/¡hheo,+SI11Ú/ h.tl5iÌl,.S5 o¡..merj ,J. 1>7- 5;1.li';2. 3, JOHN P~,qL ~ l1e,'"i,bcr ån£ re:f.'ree,.· L<¡t,- '5"'9D J ~ J PRINT NAME: JEFF JOHN.$CJrU SIGNATURE: ßef6 ~~ . 2 . , DATE: CITY OF SARA TOGA COMMISSION APPLICATION FORM ?/Y5/0"? . . COMMISSION APPLYING FOR: pi" ~~ AUG 2 0 2003 . MS. Ð tV L> ¡r-IM-&<,"<- :Ç.' ec/ -e ./ TELEPHONE: qoi £(;7 702-3 --- HOME WO~ ADDRESS: ~6?7«('3 Se-a~41>-e¡{'''c-~OJvJ''- e~ ?S7J7D YEAR YOU BECAME A SARATOGA RESIDENT: 'ZO ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? --þ- WOULD YOU BE ABLE TO A TTEND DAYTIME MEETINGS? f(.ø WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? 1~ . BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: ev,<".-.+-l'j ~øfwDr-kiií·(Pve7¿<,?,r,,-ç-tu'dJð-Y) .' >~i.t¡"r... F¡~-..! ~ /4AulkÎJ.Jv.../f,¡C r¿'f,~Co.if,'')~/'''-fl'l·/.i'Ác1J !",tllè.. (.·ð"'f!(¡"~ 7e~iò,,- VPft:Fo¡ TittV ä/"f) f~LtlwVfJ Cr-~ 4v-d~' ~,)v-YfeRJj)u!~-+ é FP, ~t!{J"rJ-<- ~!T", 'f¡~"Ii..·; Iltii{1ZrttJr; {!b.;/vz( lrV/~¡fí7..~rv~ Xeæ,)t Cð.'f3. EDUCATIONAL BACKGROUND: 15S.-Iil¡I· I'1RA U...;¡J-eV$,r.J.o ,JJf(cJ,..,-tt'/' , I I 17' I fo1- ¿Uß.J-k-:-> t'ttd:>J¡,¡;'j e.-).:><;tltl1l<../ AJVL} ~¿ . 4 . . . JAN-13-1900 17:02 P.01 ADDITIONAL INFORMATION OR COMMENTS In recent years I have been engaged in activities of 'community service and this has been most gratifying. Specifically: Member, Ci tÜ:en' s Oversight Committee, Saratoga Library Court Appointed Child Advocate (CASA) '" Executive Committee and Member, Board of Directors, Emergency Housing Consortium, (ERC), the leading organization for eliminating homelessness in Santa Clara County REFERENCES Susan Calderon, Chair, Citizen's Oversight Committee, Saratoga Library 408 867 2084 Candace Capogrossi, President, Board of Directors ERC 408 993 2903 Vivek Ranadive, Chief Executive Officer, TIBCO Software 650846 5000 PRINTED NAME ~7 ¡r-fM.-a LL. S 'e r Ie; cr /li~ç+ 3/; ~J SIGNATURE TOTAL P.01 ".,.. CITY OF SARATOGA COMMISSION APPLICATION FORM tOOl 6 ¡ 9nV. . DATE: August 13, 2003 COMMISSION APPL YlNG FOR: Finance Commission MS. MRS, William "Bart" Ruebenson MR. TELEPHONE: 374-3687 HOME 355-2319 WORK ADDRESS: 18515 AlIendale Ave YEAR YOU BECAME A SARATOGA RESIDENT: 2002 ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? Yes WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? Yes-some limitations WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? Yes BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS . CURRENT OCCUPATION AND EMPLOYMENT HISTORY: See Attached Resume EDUCATIONAL BACKGROUND: Bachelor's degree in accounting Real Estate License . 4 -:'f' . e ADDITIONAL INFORMATION OR COMMENTS: I am interested in using my skills and talents to benefit the community in which I now live. My financial background as well as my general business acumen will serve the city well ifI am chosen for this commission, .,' REFERENCES: (Provide Name and Phone Number) 1. Bob Farnquist, 997-3360 2. Larry Kuechler, CPA 408-494-1200 3. Verne Murray 925-947-1260 4, Karen Barone 408-277-6351 e PRINT NAME: Wi1lia~ J27'0n SIGNATURE: øø~ -. . 5 ~ William "Bart" Ruebenson 18515 Allendale Ave, Saratoga, CA 95070 (408) 374-3687 Experience Chief Financial Officer March 98 to Present Vasona Management/Pacific Hotels e In addition to the core management functions I used to handle as Controller, I am responsible for negotiating all financing and coordinating all new acquisitions. Since November of 97, I have handled the purchase & financing of over $250M in apartment properties. I have also negotiated the refinancing of over $200M (hotels & apartments) in the same period, I have experience with swap contracts and other risk management strategies. In January 2001, we started and completed a conversion to the MAS90 accounting system with zero downtime and greatly enhanced reporting capabilities, We consistently produce financial statements ori the first business day following month end, I have also initiated and coordinated the development of our extranet and internal statistical reporting system, I coordinated a conversion of all apartment PMS to AMSI in 1998. The title of CFO was a new position for Vasona Management. I am the first non-family member to be made an officer in 15 years. . Controller Feb. '88 to March 98 Vasona Management/Pacific Hotels I was responsible for producing monthly financial statements and financial/statistical analysis, establishing and maintaining accruals, maintain depreciation schedules, prepare tax returns (sales tax, transient occupancy tax, personal property tax, payroll taxes), develop and implement operating procedures, I act as liaison to external audit/tax planning staff and also to our key banking contacts, My duties also include cash management, budgeting, and administering lines of credit. I actively supervised NR, NP, H/R, Payroll, and Purchasing, I was responsible for hiring & training personnel for each of those positions, I handle all MIS tasks needed, I selected & installed our accounting system in 3/90 with minimal outside assistance and continued to enhance its abilities. I selected and installed our in-house payroll system for 500+ employees, which includes direct deposit processing capabilities as well as integrated HR and attendance tracking, I selected and implemented computerized guest accounting & reservation systems at all our hotel operations, I converted our apartments from manual records to computerized property management systems. I designed and implemented an automated data collection and performance analysis system using Lotus which analyzes operating statistics from our iocations over a floating three year period, I have created numerous management reports utilizing SQL based report writers, data extraction routines, and macros, I am instrumental in property acquisition analysis and planning, e Assistant Controller June 87 to Feb. 88 Vasona Management/Pacific Hotels Responsibilities included assisting payroll and maintaining tenant receivables, generated management reports, documented existing operating procedures, Provided backup and cross- trained for many accounting functions, I was responsible for a major revision in their paper- based accounting methods at hotel locations, I developed statistical analysis reports and documented reporting procedures, I wrote a program in dBASE to process purchase orders that has only recently been abandoned, . ~ " . e e . w: "Barl" Ruebenson- continued Computer Related Skills Experienced with the followinq Software: Lotus 123, Excel, Best FAS depreciation, F9, MAS90, FRx, Crystal Reports, pcAnywhere, Novell GroupWise (E-Mail), Novell NetWare, Accpac Plus GL, AR, AP, Dynavlew, Quickbooks & Quicken, AMSI (DOS), R & R Report Writer, ABRA HR/PR/Attendance, Cute FTP, AutoClerk I can diagnose, repair, and upgrade PC compatible computers, I installed the network we currently use, Education B.S. in Accounting I Business Administration from San Jose State University 2 classes remaining to complete C'p,M. designation California Real Estate License . . , , CITY OF SARA TOGA COMMISSION APPLICATION FORM RECEIVED JUL 2 1 2003 CITY OF SARATOGA e DATE: :7.---/ 7~ OJ5 COMMISSION APPLYING FOR: hP.4 /V<:.-17 Co,,!;?, ~/~/<D"A-( MS. . MRS. ,,/04/1/ r/- h466é£"qry ® . TELEPHONE: (&ýce)g67~6 PS-/" HOME &,08) ~h/-//~& WORK ADDRESS: ,;z,03t:,~ ~ G¿/flc70ÖtO P.€. :.-.' 54L: 4/0ç:;#" YEAR YOU BECAME A SARATOGA RESIDENT: / .9 7¿;-- ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? Y & ~ WOULD YOU BE ABLE TO ATTEND DA YTlMEMEETINGS? ,5ðd C'r7 ,,-'/'¿:-::; WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? Y £6 e BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMP~OYMENT HISTORY: . :Y?j'-~$ßX---:7/A1//>;'#/lJ"f6-';;;¡/Jt/ß:C//!.'~A#.;t?~6< ~a;'#£#Ñ? /cY7Æ //.æ.æ77;l /AJ, 3#;;(1~/~ ,,¥¡:, -~7 4d4"{)~LØ:é4"'''7 ~A/Ø€~ /::1'¿?Æ:/t1PµÆØ £¿ffC~¿;Æl/¿::5//)ßt'l(l-<J/¿/,.p'¿¿;, h/Ø-~7õ 7/,//,9'7;,Z þ//~Õ /FØ£ 3~ð-L6 ..PCK, /ß";9é"'L7-<';-P EDUCATIONAL BACKGROUND: ¡f-4 Z:;æ-c;.~!f£Æ A"i'f.4¿ ~r~.ø;/ Co¿'UFt/~ O/i?'~~r¿Ço , . g:7 V..K¿;RÆfH &-:3/£/4'5<6 / ß/?/f/ Va5.;£ // /9";7 ~ Vi //1/ - 'Æ&1 P/Jft/E-dfI!'f5 /' nøLb¿"oAlh#:~/h¿;2/ :5ÆiJÆ4A1c/~'</ e 4 e e . . ',> , ADDITIONAL INFORMATION OR COMMENTS: Ct/¡;;;PA? r /'5o/fi£t/ H/.f'I7E~ eµ hAY//? ~/z'77 c::&v"o:T"'! , c/-,Oi/-tZ,IZ, rõ[/ßZ;>/>l77¿)/On#ß(:¡,{)-,P~/r fr'V'£?P"e;#/¿/,A96 , . 6G?CJt//7 J"'Ø-ki ~".QVæ77%é"'R :YéJ~ ~~ij::5' /"'/j3;r ¡/?4.ßP ~~/.o5:ÞrØrß/'?~T¿ç;Æ ffV'Þ/~ g~6~~:5 _1:1~ðffi/i:. /7.~ñ'~R7?J~ffi i':µ~OßL. ~ jC é'.Æ/I/'/f;;l/rr~.!!'E: REFERENCES: (Provide Name and Phone Number) L PiC-AY &/f/'Z,/iÒ() f503 WCJ~:7// 2. /,/C-//# /(J1J fVð..oÆ? A/~5r 3. /:0zAY:> '/O.e:: Á.{4 r-- ¿£ ?-, Dr 71//..... 0950 !?Þ/.-/07S- Å,5?'--1/;7YS- PRINT NAME: cJð/PIÇ(.//~~£.L;y;r ( , /-;/' 7~\' ~ SIGNATURE: / 5 e SARATOGA CITY COUNCIL MEETING DATE: September 17, 2003 ORIGINATING DEPT: C' PREPARED BY: ~ AGENDA ITEM: CITY MANAGER: DEPT HEAD: 'ty Clerk 1 .' · v---7¿:;:/ ~ SUBJECT: Commendation - Expressing Appreciation for Saratoga Citizen ' John "Jack" Mallory RECOMMENDED ACTION: Present conunendation, REPORT SUMMARY: Attached is a commendation for John Mallory, FISCAL IMPACTS: . N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: . N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of conunendation G -::I-' ~ SARATOGA CITY COUNCIL COMMENDATION EXPRESSING APPRECIATION TO JOHN "JACK" MALLORY WHEREAS, John Mallory has lived in the City of Saratoga since 1967; and 'I' WHEREAS, John served on the Saratoga City Council from 1980-1984 including serving as Vice Mayor in 1984, served as the President of the Peninsula League of Cities from 1983-1984, and was named Saratoga Citizen of the Year in 1994; and WHEREAS, John has served on many City sponsored task forces such as the Saratoga Parks and Recreation Task Force and the Saratoga Gateway Task Force; and WHEREAS, John has participated in numerous community activities such as the Northwest Saratoga Homeowners Association, YMCA Indian Princess Tribe, . Saratoga Chamber of Commerce, Friends of the Saratoga Libraries, Ground Hog Club of Silicon Valley, Valley Institute for Theater Arts, Saratoga Historical Foundation,. and Saratoga Sister City Program; and WHEREAS, John has also been keeping the spirit of Fourth of July in the City of Saratoga by organizing a celebration and a Liberty Bell ringing ceremony every year since 1997. NOW, THEREFORE, BE IT RESOLVED, that John Mallory is hereby commended and thanked for his outstanding participation and dedication to the City of Saratoga, WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of September 2003, Nick Streit, Mayor City of Saratoga . -~ ~, rF- ,=.J r , . e e SARA TOGA CITY COUNCIL MEETING DATE: September 17, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: CfJQJ~.f . DEPT HEAD: Cathleen ~er. City Clerk SUBJECT: Introduction of Genie Dee, Executive Director/ SASCC RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Lr\ O-::7~ '" Attached is the resume for the new Executive Director for SASCC, Genie Dee. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Resume. . Genie Dee 14605 Upper Zayante Road Los Gatos, CA 95033-9484 gxdee@stevensonhouse.org 831-335-5235 home phone. 831-335-2191 home fax I ; . SUMMARY OF QUALIFICATIONS Multi-faceted executive with extensive experience in leadership, strategic planning, goal-setting, and st~ff development, Experienced in leading teams, consensus-building, and working with diverse community groups, Excellent oral and written communication skills, including ease with variety of computer software, RELEVANT ACCOMPLISHMENTS · Successfully strengthened board and community relations to increase the visibility of the organization and secure additional City and community funding. · Wrote successful proposal for additional Section 8 subsidy funding for residents, doubling existing subsidy from $100K to, $200K annually, · Conceived and developed Care Coordination Services, to link vulnerable elders with essential health and other services, and secured HUD funding; increased capacity of the organization to provide support for frail elders, · Established Wellness Clinic, with on-site R,N,; subsidized lunch program; and 24/7 on-call emergency service; received grant for upgraded emergency call system, · Created resident committee for input into updated emergency plan, to include fire, earthquake, and other emergencies, . · Managed organizational transition to accommodate immigrant population and changes resulting from federal regulatory changes; implemented translation services and obtained grant for translation equipment. .... · Greatly increased diversity of staff, enhancing individual capabilities through staff development. ., · Designed and implemented managerial training for supervisory staff, including mission development, goal-setting, and performance evaluation; currently using Gallup StrengthsBuilding materials, · Researched, proposed, and implemented new financial accounting system; worked with board of directors to upgrade and streamline financial reports and yearly budget process; have overseen multiple divisions, multi-million dollar budgets, and $500K in capital improvements, · Conceived of and implemented upgraded computer system, LAN, and website, · Strengthened organization through fund development activities, increasing contributions and donor base by over 100%; wrote and implemented numerous successful grant proposals, · Developed effective advocacy organization, resulting in passage of legislation benefiting constituents, ADDITIONAL EXPERIENCE AND EXPERTISE STRATEGIC PLANNING AND IMPLEMENTATION · Secured funding for and directed study of feasibility of assisted living; when proved fmancially prohibitive, developed alternative services and restructured staff, · Led organization through time of transition with unusual costs and limited resources; able to fund overruns with contributions and avoid both reduction in services and increase in rents, · Shifted food service from contractor to in-house staff, resulting in cost savings, better service, and improved quality, · Have written and implemented numerous successful grant proposals and overseen $400K in capital improvements, e · Wrote proposal and secured funding for $500K budget addition for computerization and moder- nization of City of San Jose Building Department, A:\Genie's Folder\Genie Dee dev.doc , · .. · Assisted in planning and implementation of multicmillion dollat watet conservation progtam, Successfully effected changes in regulations of Califotnia Enetgy Commission, Conceived, obtained funding fot, and implemented Nebtaska seniot legislature, which gave voice to elders and passed first state funding of elder services, FACILITATING COLLABORATION OF DIVERSE GROUPS · Familiar with issues facing minority populations seeking to be accepted and taken serio~sly ,in the larget society; significantly increased the diversity of staff in present environment · Utilized staff development skills to create a supervisory team, of two Russian-Americans, one Latino, one Asian-American, and one African-American · Implemented significant cross-training and team-building · Worked to facilitate communications between native-born elders, and Russian and Chinese immigrants with tutoring program, "Heritage Night", ethnic menus, translation of key documents and flyers into Russian and Chinese · Diversified board of directors, added Russian-born resident to board, presently recruiting Asian- American board member · Managed staff of predominantly Filipino background, wrote and provided career planning seminars to assist in job transitions 'I' . EMPLOYMENT HISTORY Executive Director. Stevenson House, Palo Alto, CA, 6/97-8/03. Responsible for management of 120- unit facility housing 138 low-income elders, with 8 full-time and 15 part-time staff; strong emphasis on staff training, diversity, and team-building, Supervisor, Outpatient Medical Records, Kaiser Permanente-Santa Clara, 5/96-6/97, Responsible for supervision of 22 people on two shifts, including customer service, workflow management, training, evaluation, and discipline, Implemented team-building and quality control. Ptoject Manager. Pacific Telesis Enhanced Services, 8/94-4/96, Organized team to improve force tracking process; automated system to reduce preparation time by 50% and achieve consistency in reporting, Produced monthly operations review report, President, Personal Assistants, Inç., 3/91-7/94 (some clients to ptesent). Developed personal services business from concept to implementation, including creation of financial, opetating, and estimating systems, marketing, sales, and staff development, Division Chief and Staff Analyst. City of San Jose, 6/85-3/91. Wrote and secured $500K budget addition for computerization and other modernization. Managed $19 million budget, contracts, remodeling project, and developed management information systems, Managed multi-million dollar service contract EDUCATION Residential Cate Facility for the Elderly, License #5528985740 Masters in Business Administration, San Jose State University B.A, in Social Welfare, University of Nebraska-Lincoln . REFERENCES AVAILABLE UPON REQUEST. A:\Genie's Folder\Genie Dee dev,doc '. . . SARATOGA CITY COUNCIL MEETING DATE: September 17, 2003 AGENDA ITEM: 75 ORIGINATINGDEPT: City Manáger's Office CITY MANAGER: O-/¿:;:-'/ PREPARED BY: c9:>o~ 1,)Z( DEPT HEAD: Cathleen BÇ}e~. Oty Clerk SUBJECT: Certificate of Achievement for Excellence in Financial Reporting RECOMMENDED ACTION: Acknowledge achievement. , REPORT SUMMARY: The City's Comprehensive Annual Financial Report for 2002 qualified for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate is the highest form of recognition on govermnental accounting and financial reporting. , FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Letter from the Government Finance Officers Association. /G-' Government Finance Officers Association 203 North laSalle Street, S\Ùte 2700 Chicago, Illinois 60601-1210 312.977,9700 fax: 3t2,977.4806 ~ May 23, 2003 For information contac~: Stephen Gauthier (312) 977-9700 NEWS RELEASE (Chicago)--The Certificate of Achievement for Excellence in Finan- ." cial Reporting has been awarded to: City of Saratoga, CA by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The/Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplish~ ment by a government and its management. An Award of Financial Reporting Achievement has been awarded 4IÞ to the individual(s), department or agency designated by the government as primarily responsible for preparing the award- winning CAFR. This has been presented to: Jesse Baloca, Administrative Services Director The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 14,000 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. 4IÞ www.gfoa,org · . · · SARA TOGA CITY COUNCIL MEETING DATE: September 17,2003 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: 3A- C---7?/ /' PREPARED BY: Jaye TkachQI DEPTHEA~ SUBJECT: Check Registers: 8/21/03 & 9/5/03 RECOMMENDED ACTlON(S): Approve the Check Registers, REPORT SUMMARY: Attached are the Check Registers, FISCAL IMPACTS: None '" CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certifications. · I Fund# Fund Name Date Manual Void 812112003 Checks Checks AP CHECKS A93867-94018 1 GENERAL 399,066.25 100 COPS-SLESF 1,082.27 110 Traffic Safety 150 Streets & Roads 251,304.06 160 Transit Dev 170 Hillside Repair 180 LLA Districts 18,389.12 250 Dev Services 24,089.04 260 Environmental 4,108.73 270 Housing & Comm 9,757,04 290 Recreation 45,864.49 2,701.00 291 Teen Services 694.48 292 Facility Ops 1,052.55 293 Theatre Surcharge 27.96 300 State Park 310 Park Develpmt 320 Library Expansion 160,432.07 351 Public Safety 8,829.04 352 Infrastructure 159.04 353 Facility 354 Park and Trail 9,671.13 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 7,437,50 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD#2 740 PD#3 156,818.75 800 Deposit Agency 3,447.00 810 Deferred Comp 830 Payroll Agency 990 SPFA Subtotal 1,102,230,52 2,701.00 PAYROLL CHECKS: 629296-29333 TOTAL rz¡z~ Date: ~ 1lUJ./... 8: ~ J-~ - t'3 Approved by: . . ~ Q g¡ '" '" i ~ ~ ~ ON N ~ ~ ~~ ~ M M OOOI!1 ~ 00 00 ~ ~ 0 0 0 0 ~ ~ O~O ~ ~ ~OO ~ 00 00 00 0 ~ ~ ItIOON ~ 00 00 ~ ~ ~ ~ 0 0 ~ ~ o I'llfI N ~§ N~ ~ ~ '" ~ ~ 0 0 NOlflrl 00 ~ ~ ~ ~ N N ~ ~ 00 00 ~~OO M ~OO N ~ '" ~ ~ ~ ~ <:Or-roM ~ ~ ~ ~ ~ 00 00 ~ ~ M M ~~O 0 ~o ~ ~ ~ ~ ~ ~ M 0 0 M M M M 0 0 ~~~ ~ æ:'i rl ~ ~ ~ M M rl~M ~ ~ . 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O~ g~ O~ OMMMMMMMMM OMt--t-- "''''H "H 00 00 0 I I I "," I 0000'10'1 ~~U > ON OH oro OMMMMMMMMM OrlOO , I Fund# Fund Name Date Manual' Void 915/2003 Checks Checks AP CHECKSA94019-94152 1 GENERAL 54,299.86 785.40 100 COPS-SLESF , 110 Traffic Safety 1 150 Streets & Roads 55,770.87 ", 160 Transit Dev 170 Hillside Repair 180 LLA Districts 9,864.28 250 Dev Services 7,768.29 260 Environmental 1,132.34 270 Housing & Comm 290 Recreation 19,488.72 291 Teen Services 707.11 292 Facility Ops 1,037.50 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 351 Public Safety 10,132.93 352 I nfrastructu re 1,279.00 , 353 Facility 354 Park and Trail 12,714.21 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD#2 740 PD#3 800 Deposit Agency 810 Deferred Comp 830 Payroll Agency 990 SPFA ISubtotal 174,195.11 785.40 PAYROLL CHECKS: 829334-29363 TOTAL rrepared by: Date: . í/Ut.-d ¡;7-f-()3 ~ Approved by: . . .M ~ ~~ ~~O OM" ~M~ ~~ OG '" o " "':;;~ ~~O ~G>- "'0" ~~H ~~~ H ¡:¡ ~ o " ~ '" on H ~ '" 0 0 H H 0 0 0 0 0 0 0 0 0 0 0 0 .-ICO.,¡ot!'l 00 N N M M N N h 0 0 M M "' "' 0 0 0 0 0 0 0 0 0 0 ""'\.0.....\.0 ~ 00 00 M M ~ ~ ~ ~ N N ~ ~ 0 0 ~ "' 0 0 0 0 N N ""'¡O\D\,D ~ N N N N ~ ~ ~ ~ M M ~ ~ ~ ~ "' ~ ~ ~ ~ ~ ~ ~ .-Ir-COC' ~ M M ~ ~ 00 00 !@O "' "' " " M M COMM..... ~ H H 00 00 "'~ ~ ~ HNH "' ~ ¡;¡ ... 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SARATOGA CITY COUNCIL MEETING DATE: September 17, 2003 36 ¿7--.?~/ AGENDA ITEM: DEPT: Community Development CITY MANAGER: PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, August 27, 2003 RECOMMENDED ACTlON(S): Note and file, REPORT SUMMARY: Attached are the Planning Commission Action Minutes of August 27, 2003 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): NfA ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes - Saratoga Planning Commission þ CITY OF SARATOGA PLANNING COMMISSION AGENDA . DATE: PLACE: TYPE: Wednesday, August 27, 2003 - 7;00 p,m, Council Chambers/Civic Theater, 13m Fruitvale Avenue, Saratoga, CA Regular Meeting , 1 ROIl CALL: Commissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike UW, Ruchi Zurshi and Chair Jill Hunter Commissioner Schallop Planner Oosterhous, Director Sullivan, and Minutes Clerk Shinn '" ABSENT: Staff: PLEDGE OF AllEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of July 23, 2003, (Approved 5-0-1, Garakani Abstain) ORAL COMMUNICATIONS - Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items, ,However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agencla for this meeting was properly posted on August 21, 2003. . REPORT OF ApPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the clate of the decision, pursuant to Municipal Code 15-90,050 (b), CONSENT CALENDAR None PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place, If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing( s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. L APPLICATION #03-150, ALAIN PINEL REALTORS: Appeal of An Administrative Decision; Alain Pinel Realtors located in the Saratoga Oaks Shopping Center near the intersection of Cox Avenue and Saratoga-Sunnyvale Road has filed an appeal of an administrative detision made pursuant to Munitipal Code Section 15-30.070, Criteria for review of application. The administrative . detision included the denial of a sign permit, which was not in compliance with the sign program for the center, (CHRISTINE OOSTERHOUS) (ApPROVED 6-0) \ e DIRECTORS ITEM None COMMISSION ITEMS 2, The Planning Commission has requested a discussion, regarding an existing generator located at 14038 Chester Avenue, (POSSIBLE FUTURE ZONING ORDINANCE AMENDMENT REQUIRING A USE PERMIT) COMMUNICATIONS WRITTEN City Council Minutes from Regular Meetings on June 18, 2003, July 2, 2003 and July 16, 2003, ADJOURNMENT AT 8:45 PM TO THE NEXT MEETING Wednesday, September 10, 2003, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA e . If you would like to receive the Agenda's via e-mail, please send your e-mail address to planning@sarato¡¡:a.ca.us " . . . SARATOGA CITY COUNCIL MEETING DATE: September 17, 2003 AGENDA ITEM: '~G ~ é/J~_ , DEPT: Community Development CITY MANAGER: PREPARED BY: Kristin Borel DEPT. HEAD: , 1 '" SUBJECT: Planning Commission Actions, September 10, 2003 RECOMMENDED ACTION(S): Note and file, REPORT SUMMARY: Attached are the Planning Commission Action Minutes of September 10, 2003 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes - Saratoga Planning Commission / , CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES . DATE: PLACE: TYPE: Wednesday, September 10,2003 - 7:00 p,m. Council Chambers/Civic Theater, 13m FruitvaleAvenue, Sàratoga, CA Regular Meeting ROLL CALL: Commissioners Cyntma Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike Uhl, Rucm Zutsm and Chair Jill Hunter None Planners Oosterhous &: Welsh, Director Sullivan and Minutes Clerk Shinn ABSENT: STAFF: PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of August 27, 2003, (APPROVED 6-0-1, SCHALLOP ABSTAINED) ORAL COMMUNICATIONS - Any member of the Public will be alIowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generalIy prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. REpORT OF POSTING AGENDA Pursuant to Government Code 54954,2, the agenda fortms meeting was properly posted on September 4, 2003, . REPORT OF ApPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90,050 (b), CONSENT CALENDAR 1. RESOLUTION OF APPROVAL #03-035, APPLICATION #03-150 - ALAIN PINEL REALTORS, 12772 Saratoga-Sunnyvale Road; Staff has prepared a resolution of approval for adoption by the Planning Commission following their motion at the August 27, 2003 meeting to permit black lettering and a gold logo for Alain Pinel Realtors, a tenant at the Saratoga Oaks Center. (CHRISTYOOSTERHOUS) (APPROVED 6-0-1, SCHALLOP ABSTAINED) PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing( s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing, In order to be included in the Planning Commission's information packets, written communication should be filed on . or before the Monday, a week before the meeting. e e . 2, APPLICATION #03-146 (397-19-013) AHN, 19615 Saratoga-Eos Gatos Road; - The applicant, requests design review approval to construct a one-story single-farrúly residence greater than 18 feet in height, which requires Planning Commission approval. The maximum height of the proposed residence is 24 ft. The proposed residence including garage will be 5,482 square feet. Materi\Ùs and colors include, a beige stucco exterior and brown tile roof The gross lot size is 42,776 square ,feet, The property is zoned R-l 40,000 and the lot is triangular in shape, (CHRISTI OOSTERHOUS) . (APPROVED 6-1, GARAKANI OPPOSED) 3, APPLICATION #03-150 (393- 21-006) AT&T Wireless, 13000 Glen Brae Drive; J Request for use permit approval to install six panel antennas and an equipment enclosure at the location of an existing utility lattice tower near Congress Springs Park along the railroad tracks at Glen Brae Drive and Chardonnay Court. Irrigation and landscaping are proposed, (CHRISTI OOSTERHOUS) (APPROVED 7-0) 4, APPLICATION #02-182 (389-14-037) DORCICH ORCHARD SUBDIVISION, 13089 Quito Road; - Request for Planning Commission approval of a seven lot subdivision of the L97 acre property located at the corner of Quito Road and Martha Drive. The R-l, 10, 000 zoned parcel would be subdivided into lots ranging from 10,072 square feet to 12,356 square feet, Six of the lots would take access from the proposed private cul-de-sac, The seventh lot would take access from McFarland Street if a lot line change were approved for Lot 3. The existing historic farmhouse would be restored and moved onto Lot 4, which is at the end of the cul-de-sac, (ANN WELSH) (DIRECTION FOR RESUBMlTTAL WITH A MAXIMUM OF 6 LOTS, NEIGHBORHOOD MEETING AND A STUDY SESSION, 7-0) 5, APPLICATION #03-176, (CITYWIDE) - CITY OF SARATOGA; - Multiple {:oning Ordinance Amendments updating and expanding Section 15-06: Definitions, of the Saratoga Code, The proposed amendments to Article 15-06 provide for consistency between ordinance requirements and long time practices as well as simplifying the rules, (THOMAS SULLIVAN) (APPROVED TO CONTINUE TO SEPTEMBER 24, 2003, 7-0) , 1 '" DIRECTORS ITEM None COMMISSION ITEMS None COMMUNICATIONS WRlTTEN City Council Minutes from Regular Meetings on August 6, 2003 ADJOURNMENT AT 10:30 PM TO THE NEXT MEETING Wednesday, September 24, 2003, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA If you would like to receive the Agenda's via e-mail, please send your e-mail address to planmn¢iDsaratoga.ca.us " e e e SARATOGA CITY COUNCIL MEETING DATE: September 17, 2003 3D CITY MANAGER: &5dY DEPTHEAD: ~Q~-z , 1 ,AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: Morgan Kessler ø - '" SUBJECT: 2002 Concrete and Stormdrain Maintenance Program-Notice of Completion RECOMMENDED ACTION(S): Move to accept the 2002 Concrete and Stonndrain Maintenance Program as complete and authorize staff to record the Notice of Completion for the construction contract. REPORT SUMMARY: All work for the 2002 Concrete and Stonndrain Maintenance Program has been completed by the City's contractor, George Bianchi Construction, and has been inspected by Public, Works staff. The final construction contract amount for the project was $153,791.17, which was below the awarded contract amount of$155,33L13, A change order amount of$10,000.00 was authorized by Council for unforeseen changes to the contract. Additionally, a second change order was later authorized by Council for $7500.00 to incorporate work associated with the Redwood School NTMP. The final amounts are summarized as follows; Original Contract Amount: Original Change Order Authority $155,331.13 $10,000,00 Redwood School Change Order Amount; $7500.00 Final Contract Amount, Including Redwood School Work: $153,791.17 In order to close out the construction contract and begin the one-year maintenance/warranty period, it is recommended that the Council accept the proj ect 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 2002 Concrete and Stormdrain Maintenance Program CIP 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,complete. 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 release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1, Notice of Completion for the 2002 Concrete and Stormdrain Maintenance Program. 20f3 f . . . '" e . . Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave" Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 6th day of August, 2003, '" Contract Number; N/A Contract Date: June 19t\ 2002 Contractor's Name: George Bianchi Construction, lnc, Contractor's Address: 775-A Maybury Road, San Jose, CA 95133 Description of Work: 2002 Concrete and Stormdrain Maintenance Program Notice is given in accordance with the provisions of Section 3093 of the Civil Code ofthe State of California, The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct Executed at the City of Saratoga, County of Santa Clara, State of California on , 2003, CITY OF SARA TOGA BY: ATTEST: Dave Anderson City Manager Cathleen Boyer, City Clerk Gov, Code 40814 30f3 4 . . . ------------------- SARATOGA CITY COUNCIL MEETING DATE: September 17, 2003 / 3\:: CITY MANAGER: O~~/ DEPTHEAD: ~~ , 1 AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: Morgan Kessler ~ 'i' SUBJECT: Proposal for architectural design services for the Hakone Gardens ADA Improvements Project. RECOMMENDED ACTION(S): Approve proposal fÌ'om Design Focus in the amount of $l2,320,00 for design services for the Hakone Gardens ADA Improvements Project and authorize the City Manager to execute a Professional Services Agreement for the same. REPORT SUMMARY: Background Last year a feasibility study was conducted by Dave Evans & Associates, lnc, to investigate ADA accessibility improvements at Hakone Gardens, The final report was submitted November 27, 2002, The study provided design recommendations and cost estimates for accessibility improvements to various locations at the Gardens, The next phase of the project is to retain a design consultant to provide construction drawings, project specifications, and final design so that project can go out to bid for construction, Discussion Over the past few months, staffhas been working on the retention of a qualified design consultant for the project The City received two design proposals, The prices submitted by the consultants are summarized as follows: . Design Focus: . Beals Group: $12,320,00 $18,567,00 The proposals were presented to Hakone Gardens staff during late June, After review, Hakone staff selected Design Focus to perform the design work, Selection criteria included previous experience, familiarity with public projects, and level of service provided for the given price, It is therefore recommended that Council approve a proposal [¡-om Design Focus for architectuÌal services for the Hakone Gardens ADA lmprovements Project, and authorize the City Manager to execute a Professional Services Agreement for the same, Design work is scheduled to commence as soon as an agreement is executed and the'proJect will be ready for bid by November ofthis year, with construction commencing soon after. ' , FISCAL IMPACTS: This project is progranuned in the current five-year CIP. Funding is provided by the County's CBDG program, CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The proposal would not be approved and the project would not move forward at this time. ALTERNATIVE ACTION(S): None in addition to the above, FOLLOW UP ACTlON(S): A professional services agreement will be prepared staff and executed by the City Manager, ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Proposal [¡-om Design Focus 20f2 '~ . . . ~ . . DESIGN FOCUS L A c p N D s A Hakone Gardens ADA Accessibility Improvement Project Pre planning meeting 2 hours design @ 100. per hour Site Inventory and Analysis shoot existing spot elevations 2 people 16 hours each drafting @ 55, per hour Base Plan Development Including Topo 10 hours drafting @ 55. per hour Master plan development and grading design for access in all project areas including, path to gathering area, gathering area, grading retaining walls and stair design, access from gathering area to mound area, redesign for deck and mound area Master Planning 16 hours design @1 00. per hour 10 hours drafting @ 55. per hour Meeting 1 112 hours design @100. per hour Revise Master Plan 4 hours design @1 00. per hour 6 hours drafting @ 55. per hour Grading and Drainage 12 hours design @100. per hour 8 hours drafting @ 55. per hour Layout Plan 6 hours drafting @ 55. per hour Demolition Plan 4 hours drafting @ 55. per hour E s 200.00 '" 1,760.00 550.00 1 ,600.00 550.00 150.00 400.00 330.00 1 ,200.00 440.00 330.00 220.00 L A N D s c A p E s ) . DESIGN FOCUS General detail plans for the new deck, retaining walls, granite steps and gravel areas 14 hours design @100. per hour 18 hours drafting @ 55. per hour Alteration to existing planting irrigation and electrical including irrigation specifications 10 hours design @100. per hour 10 hours drafting @ 55. per hour 1,400.00 990.00 1,000.00 550.00 Additional Meeting Times 3 - meetings @ 100. per hour Materials / Xerox enlargements 300.00 350.00 12,320.00 . Totcl Sub Consultants: Design focus will complete all work in-house. Structural engineering is not expected to be necessary and is not included. . e . . SARATOGA CITY COUNCIL MEETING DATE: Septemher 17, 20m AGENDA ITEM: 3~ V/~, ORIGINATING DEPT: Puhlic Works CITY MANAGER: PREPARED BY: Moreau KeSSlerØ DEPT HEAD: 'I' SUBJECT: 2003 Concrete Maintenance Program - Award of Construction Contract RECOMMENDED ACTION: 1, Move to declare George Bianchi Construction to be the lowest responsible bidder on the project 2, Move to award a construction contract to George Bianchi Construction in the amount of $46,745.08, 3, Move to authorize staff to execute change orders to the contract up to $7500,00, REPORT SUMMARY: Sealed bids for the 2003 Concrete Maintenance Program were opened on Monday, September 8th, A total of two contractors submitted bids and a summary of the bids received is attached (Attachment 1), George Bianchi Construction submitted the lowest bid of $46,745,08, which is 5% below the Engineer's Estimate of $49,345 ,00, 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 th dated August 20 ,2003, The scope of work includes furnishing all materials, equipment, and labor to replace broken, lifted, and failed sections of concrete sidewalks, curbs and gutters at various locations throughout the City (see attached location schedule). Asphalt street sections djrectly adjacent to the replaced curb/gutters will also be patched, It is therefore recommended that George Bianchi Construction 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 staff to execute change orders to the contract up to an amount of$7,500,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 SidewaJks and Trails budget, and contilihs sufficient funds to cover the contract and recommended change order amounts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: " George Bianchi Construction wj]] not be declared the lowest responsible bidder and a construction contract wj]] 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 win be obtained by re-bidding the project due to the competitive nature of the current bids receive,d, ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTlON(S): The contract will be executed and the contractor wj]] be issued a Notice to Proceed, Work wj]] begin as soon as possible, and be completed by within 30 working days. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: L Bid Summary, 2, List of street segments to be treated / e e e . . . SARATOGA CITY COUNCIL MEETING DATE: September 17, 2003 301 O..J~ AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: SUBJECT: Saratoga Business Development Commission (SBDC) RECOMMENDED ACTION: Accept report and adopt resolution. REPORT SUMMARY: During the early 1990s the Mayor established the Saratoga Business Development Council (SBDC) whose primary objective was to assist and enhance business and economic development opportunities in the City. Since that time various members ofthe business community have participated and provided the City with valuable insight regarding the concerns of businesses in Saratoga. At the September 3,2003 City Council meeting staff brought forward a report that clearly outlined SBDC's current status and noted that the members of SBDC agreed at their July meeting that SBDC could operate most effectively as an informal network to exchange ideas. Staff ' explained to the Council the distinctions between a formal and informal Commission At that time staff also presented the Council with a formal written request signed by various members of the SBDC requesting that SBDC no longer serve as an advisory body to the City and that the City consider establishing a formal commission to address the concerns of businesses in Saratoga, FISCAL IMPACTS: No additional costs are expected should SBDC continue operating as an informal group. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A AL TERNA TIVE ACTION: I, SBDC continues to operate as an informal group 2. City Council creates a separate, more formal business advisory commission, , FOLLOW UP ACTION: : City Clerk will mail certified copy of resolution to the Chair of the SBDC. , . ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENT: Attachment A - Resolution 'I' . . 200 . " e . . RESOLUTION NO. 03- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REPEALING THE DECISION ETABLISHING THE SARATOGA BUSINESS DEVELOPEMTN COUNICL (SBDC) WHEREAS, in the early 1990s the Mayor of the City of Saratoga establi~hed. the Saratoga Business Development Council (SBDC) to assist and enhance business and economic development opportunities in the City; and WHEREAS, since that time various members of the business community have participated and provided the City with valuable insight regarding the concerns of businesses in Saratoga; and WHEREAS, recently the members of SBDC have requested that SBDC, no longer serve as an advisory body to the City; and WHEREAS, the Mayoral decision estabJishing the Saratoga Business Development Council (SBDC) is hereby repealed; and WHEREAS, City Council expresses sincere appreciation to current and past members of SBDC for their concern for City's welfare; and WHEREAS, Staff is directed to investigate options for creation of a Business Commission to advice the City Council on issues regarding business and economic development in Saratoga. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 17th day of September, 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk 30f3 , , . . . SARATOGA CITY COUNCIL MEETING DATE: September 17, 2003 AGENDA ITEM: 3 W ORIGINATING DEPT: Public Works CITY MANAGER: .c -.::7 ~ PREPARED BY: John Cherbone DEPT HEAD: ~~ , , 'I' SUBJECT: Expansion of Decorative and Safety Lighting in the Village - Appropriation of Funds RECOMMENDED ACTION(S): Approve Resolution amending the Fiscal Year 2003-2004 Budget REPORT SUMMARY: On September 3, City Council approved expansion of decorative and safety lighting in the Village (see attached City Council Report), Expanded decorative lighting was approved on 3rd Street, 4th Street, and Highway 9 (Big Basin Way to Oak Street), Additionally, expansion of safety lighting was approved on yd Street and for the 4th Street stairs. Attached is a budget resolution, which if approved, will amend the FY 03-04 Budget and appropriate $34,532 ofunallocated funds n-om Zone 7 of the Landscape and Lighting District FISCAL IMPACTS: $34,532 will be appropriated [¡-om Zone 7 of the Landscape and Lighting District to the current fiscal year budget for lighting improvements, CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The appropriation would not be approved and the lighting improvements would not move forward, ALTERNATIVE ACTION(S): None in addition to the above, , I / , FOLLOW UP ACTION(S): . Contracts will be procured for the lighting improvements, ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1, Resolution amending the Fiscal Year 2003 - 2004 Budget. 2, September 3, 2003 City Council Report, . . 20f2 e RESOLUTION NO, 03- A RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF SARATOGA AMENDING THE 2003-2004 BUDGET FOR AN APPROPRIATION OF $34,532 FOR DECORATIVE AND SAFETY LIGHl'ING IN THE VILLAGE I , WHEREAS; the City Council desires to expand decorative and safety lighting in the VilJage in the amount of$34,532 and; '" NOW, THEREFORE, to adjust the City of Saratoga's Fiscal Year 2003-2004 budget for the appropriation of $34,532 for these improvements according to the folJowing entries: 180-3040-532-4010-Z07 180-0000-330-2000 Increase $34,532 Decrease General Contracts - Zone 7 Landscape and Lighting Fund $34,532 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 17th day of September 2003 by the folJowing vote: e AYES: NOES: e ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL , . MEETING DATE: Septembef3,2003 AGENDA ITEM: ORIGINATING DEPT.: Citv Manager's Office CITY MANAGER: ¡;;? ~ ß7 DEPT.HE~~1fu L\: PREPARED BY: Danielle Surdin SUBJECT: Expanding Decorative and Safety Lighting in the Village' RECOMMENDED ACTION(S): Accept report and direct staff accordingly, REPORT SUMMARY: Background . At the June 18, 2003, City Council meeting, Council approved year-round decorative lighting inthe 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 & 4'h streets, and the lighting of Blaney Plaza's main entrance for this year's holiday tree ighting ceremony. .":~ . Staff has also included cost estimates for two related Village lighting issues that were previously raised as public safety concerns-the addition of light to the stairs on 4th street that cormect the Village with Oak Street, and the installation of an additional street light on 3 rd street. Expanding Deconitive 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 eniling on Oak Street , , · 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: $16,652 1 1 'I Project 3 - Blaney Plaza , · Decorative lighting on two main tree top canopies utilized only during the holiday season ' · Hours of usage: 7 days a week, 6 hours pernigbt, sunset - 11 p,m. during the holiday season (day after Thanksgiving _1st week in January) · Light usage curtailed or discontinued in times of a stage 2 or 3 energy emergency · Cost estimate: $2,657 . AdditionaJ Safety 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 3Td Street next to a commercial buiJding (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 wíIJ 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 - Zone 7, Lighting and Landscaping District Funds in this area are remitted back to the City [¡-om 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 CONSEQUENCES OF NOT ACTING . 1. No additional streets would be added to the Decorative Lighting :Program, All aspects of the 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 L N/A FOLLOW-UP ACTIONS 1. If approved: · the project would be added to the Capital hnprovement Plan (CIP) under "Village Lighting," · the contract with vendor KC Enterprises wouJd 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 · · · . SARATOGA CITY COUNCIL MEETING DATE: September 17, 2003 6\ CITY MANAGER: , &~~/ (t[L~~ AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: Cary BlOOmquist@) DEPT HEAD: SUBJECT: Authorization to purchase play equipment for EI Quito Park Play Equipment Replacement Project from Miracle Recreation Equipment Company. RECOMMENDED ACTION(S): I. Authorize purchase and order of play equipment for EI Quito Park III the amount of $44,865,00 with Miracle Recreation Equipment Company, REPORT SUMMARY: . In direct response to Federally Mandated Playground Equipment Safety Standards, the City, through the Parks and Recreation Commission, formed a task force and held meetings this past year to replace existing play equipment at EI Quito Park that does not meet federal safety standards, . Due to long lead-times between the order and shipment of the play equipment, staff is requesting Council authorize the purchase of the play equipment [¡-om Miracle Recreation Equipment Company. The total cost of the play equipment for the EI Quito Park project, including shipping and sales tax, is $44,865.00, Purchasing and ordering the equipment in advance will help offset significant construction delays which may occur if the equipment is not on hand and ready for installation, If approved by Council this evening, staff will go out to bid for construction firms early October 2003, Demolition I replacement of the play equipment at this park is scheduled to begin late October 2003, FISCAL IMPACTS: Project wil1 go out to bid for construction with available funding in project budget The play equipment being purchased, per designs previously approved by Council, are available sole source from Miracle Recreation Equipment Company, CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Improvements to the parks wj]] not be implemented and the City wj]]not be in compliance with federally mandated Playground Equipment Safety Standards, ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Staffwill go out to bid for project construction, ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A - Price Quote [¡-om Miracle authorized sales representative Edwards & Associates. , e , , '" e . 09/09/2003 05:05 4089857260 09/09/2003 15:25 8316597226 !jt:.AL:O . rl-l'.;lL.. U..J JOHN EDWARDS & ASSDC PAGE 01 ATTACHMENT A e EDWARDS & ASSOCIATES PARK & PLA YGROUNP EQUIPMENT ,800-303-7529 P.O. BOX 909 CARMEL VALLEY, CA 93924 831-659-7212 831-659-7126 (fAX) . , 9/9/03 e TO: RAGE BEALS GROUP RP.: SARA TOGA EL QUITO PLAYGROUND PRICING HERE IS THE BREAKDOWN ON PRlClNG: SCHOOL AGE PLA YSTRUCTURE (KIDS CHOICE EQUIPMENT) LTST PRICE $32,695 DISCOUNT <4,000> FREIGHT FREE TAX 2,367 INSTALLATION ~90~~2~ 3/062,· DD TOTAL ,/ . & PRESCHOOL PLAYSTRUCTURE (TOTS CHOICE EQUIPMENT) LIST PRICE $12,765 DISCOUNT <2,000> FREIGHT FREE TAX 888 INSTALLATION ~ II ,653 O() 4''"' TOTAL ~ I' ~ SWINGS WITH SEA1S ~8 CHOICE) UST PRICE DISCOUNT FREIGHT TAX INST ALLA TION TOTAL $2,486 < 500> FREE ç;~ 164 H ØJ 1.25!à I-? 2/)5o.öó . $3,465 TOTAl ..aì5), 115 ð <f"+¡ 'ðbS((Þ ~ " , ð) . PLEASE NOTE DIFFERENCE IN TAX. PREVIOUS QUOTE HAD TAX AT 8% INSTEAD OF 8.25% PLEASE CALL IF YOU I-IA VE QUESTIONS. THANKS AGAIN, JOHN EDWARDS 09/09/2003 05:05 4089857260 09/09/2003 14:57 8316597226 BEALS JOHN EDWARDS & Assac hVj1Ml~!& $I . . ___ s. Ie.. Rep~es.ntaciy. lORN EDWARDS POST OFfl.CE BO:X 909 CARMEL VAl.LEY, CA 93924 Phone: (831) 659-1212 Fax: (831) 659-1226 PreJl"red næ BEALS GROW' For: 2425 PORTER STREET SUITE 14 SOQUEL, CA 95073 PD)'....v TODD BRONK (831) 476-6630 A.eœunttllR (.':0IltßI:1: Qualltlty 2 I 1 6 4 4 I [ 1 " \ I 1 1 I 2 2 1 1 1 I 1 \ I ) 1 Rtp#: 51 -'.-- Item NUlI\bê~ 7145029 7)4'11129 71453689 714552 714553 714573 7147095 714719 7147216 7147306 71473\ 714734 7147341 714750 7147$01 7147502 7147503 7J4750Z 71476989 7148109 7148153 7148155 7148158 7148378 7J48614 7)49228) 71496559 rHI.;IC u,r.. PAGE 01 Equipment Quotation Quote Nom"": 510:>4139 Qu..., ball: 0611012003 C~IO.O!' lo/II"'~ TermsofSa1e: Net 30 C.,tomar Cia", I. pol'kS ¡" R"" . Shipp;n2 Metbod: MI!llCle Frel~t Torm.: J>rt~aia "pp",~lmst. SIIipDate: AS/'J' C...t PO ND"" ' Locati~ :EL QUITO P A:R~ C/O THE BEALS GROUP 2425 PORTER STREET, SUITE 14 SOQUEL, CA 95073 Shìppl.~ TODD BRONK (831) 476-6630 o.:l""'ry Contlltt: Descri'(ltiOD Price Ea.h .. e '" _._..~,_.._- --- ------..- -~... .~_.....~...... Prlee robl SQUARE DECK (A ITACRES TO 4 POSTS) MT U 8p,LIT PEC,¡( W/12" RlSER, MT 1) Cst 8' HEXAGON DECK FOR ROOf, MT II 5" 0)) X 136" POST (3'TO S' DECKS) 5" 00 X 160" POST (5'6" TO 6'6" DECKS) 5" OD X 16B" POSr FOR ROOF (3'6"-5' DECK) 8' HORIZONTAL TRY·RING (ONLY) CLIFF CLIMBER (3' & 5' DECK) CANyON CLIMBER (6'6" DEe() HEXAGON TREE HOUSE ROOF TRAP DOOR CLTh'tBER (3' & 5' DECI<) SAFF-TV PANEL AGES 5- 12, FREE STANDING SAFETY PANEl. ""OBS 2-5, FREE STANDING CHAMELEON SLID\:. ENTRY & EX¡¡ SECTION CHAMELEON SLIDE ST.RAlGHT SECTION CHAMELEON SLIPE RIGHT TURN SECTION CHAMELEON SUDE LEFT TURN S2CTION CHAM, EX!.'!' S,ECnœ¡ P!UC,E INCLUDED IN 714750 12' TYPHoo1l¡ 81)1)'E 8SS DEG (8' DECK) MT T1 ADA STAIR BETm~ DECKS WIt' RISE, MT U VERTICAL LADDER CLJMJ3Jffi (3' DECK) END LADDER FOR OVERHEAD CLIMBERS (ONLY) LOOK-OUT LADDER (8' DECK) TENSlLE TOUOH NOODLE CLIMBER (B' DECK) SQUARERoof,DOUBLE WALL I!' FOSSIL BLt(FF CUMBER (B' DECK) PATTERN A IMNSrnR!:'OINT WISINGLE STEP (5' DECK) MT IT. Order"': 5 103d 139 $639.00 $945.00 :£3,904.00 5177,00 $206.00 , S201.oo $602,00 $442.00 $751.00 $1,248.00 $652,00 $154.00 $154.00 $762.00 $280,00 $280.00 5280.00 $0.00 $5,561.00 5847.00 5362.00 $253,00 $475.00 $1,682.00 $564.00 $1,965.00 $1,929.00 $1,218.00 $945.00 $3,904,00 $1,062,00 ~24.oo .. $804.00 .. 5602.00 $442,00 $751.00 $1,248.00 $652.00 $154.00 $154.00 $762.00 $2BO,00 $560,00 $560.00 50.00 $5,561.00 5847.00 $362,00 $253.00 $475.00 $1,682.00 $564,00 $1,965.00 $1,929.00 . w __~_..__. Page J of3 09/09/2003 05:05 69/09/2003 14:57 , -- Quantity lieD! Number ! 71,499269 2 7)49939£ 1 7H994,1 I 714994Z 1 71485225 1 7148S22TX I 7185019 1 7185039 I 7185039 3 718552 6 71SS72 I 718700 1 7187306 1 71874859 I 7187555 1 7187632 718811 1 718874 e 1 71895959 1 718965359 I 7189941 1 71 8994Z 1 7/89961 Color LiM: System: KC 4089857260 8316597226 BEAL~ JOf1N EDWARDS & ASSOC ---' Desaiption Price Eacb " ",. KIDS' PERCH W/WHEEL, MT II ADA STAIR..BTWN DECKS W/l'6" ¡USE, EXT., MT 17 FUN FONE PAIR (2 FONES) W/ONE(I) POST FUN FONE ~RlCE INCJ,UDED IN 714994 5" ODARCH SWO FllAMB WI2 SIP S,EATS MC ARCH, SWQ 'FRAME 2X'r W/2 360 DBG SEATS MC T&IA~LE DECK (ATTACHES TO 3 POSTS) M'r n 112 HEX FULL DECJ< (ATTACHES rO 4 POSTS) Mr n tl2 HEX FULL DECK (ATTACHES TO 4 POSTS) MT D 3 112" OD X 130" P08'(' (3' TO 5' DECKS) 3 112" OD X 138" POST FOR JWOF (3'DK OR J,.ESS) 5' SIDE-BY -SIDE SLIDE W/CANOPY (3' DECK) HEXAGON TRE¡;; HOUSE ROOF 6'2" TYPHOON II SLIDE 360 DEG (5' DECK) MT II HONEYCOMB CLIMBER, (5' DECK) TIC-TAC-rOE PANSL HANDHOLD FOR TRANSFER DECI< {I' OR J'6" DEC~ 6' SKI SLIDE WICANOPY (3' DECK) ADA STAIR BTWN DECKS W/2' RISE OPEN 11,1(, MY n TRANSFERPOlNT OPEN HANDRAIL (3' DECK) MT n FUN FONE PAIR (2 FONES) W/ON£ (I) POST FUN FONB mes rnCWOIID IN 718994 CARGO CUMBER WIHANDRAILS (3' D1;CK) $565.00 $1,500,00 $664.00 , $(1.00 $l,m.oo S95MO S362.00 $590.00 $590.00 S10l.oo $88.00 $875.00 $1,23~.OO $3,124.00 $760.00 $491.00 $101.00 $853.00 $702.00 $1,169.00 $556.00 $0.00 $372.00 rMOe:. tJ-.J PAGE 62 Price Tatal 5565.00 ' , $3,000.00 $664,00 , $(1.00 $1,52tloo $958,00 $362.00 $590.00 $590.00 S303.00 $528.00 $875.00 $1,235.00 $3,124.00 $76ö.00 $49 LaO $101.00 $853.00 $702.00 $1,169.00 $556·00 SO.OO $372.00 .----..... n_____'. "..---., ...--- '-'.....-.-., .,----_.. EqllipmentTobl: $47,946.00 I'ÆÎ." StI.aa III&tl\lllltìð; $12,~SO.OO Disco.llt: $6,500,00 CIA :DI!œ"lIt; $0.00 OOQ'OIø!W!1 ${),OO :)c¡b-h¡,,( ~ $I' %4Y{,.CX:, ß.bTotsJ, $~3,696.0~ ìJfX~$ 3d JC{. OC Tax. $3,31S.G8 .c\~nd TlltAI; $57,011.68' j¡ LfLf / ,ó6S, ()O ;:::.;---- Syatem: 5W(¡ l1m1) NU)T1ber. 71485225 Quantity: I System: SWG [tern NnmbeJ': 7)48522'TX Quant.!ty: 1 System: TC . @ ~ 8 TIIank. YOD tor the opportllnity to pro"ide tllis I.Dotel .~--_._... Your !.ulusive Sale!! Representative On!""I/: 51034139 Rep#:51 "'---" ...... ,,-,-_.-_.,. ~.._------~... .-....~._--......._" --~---- . ~~--- po,g. 2 of3 09/09/2003 05:05 EJ9/89/2883 14:S7 40898572E>Ø 8316597226 lót:.AL::' rHI.;:lt:. (J"'t JOHN EDWARDS & ASSOC PAGE 03 , 1 J.md1f ....rhorlu Mlrøcle R.eøutIM EtpJlp_ Comprnry to ./tip tlte ....fp_lInsd """'ejÞr wid"" l/VI"'" "'ptIJ l/Ie_I._", JPCdIId. 1 teIll". ""1'0Nll1Jleþ NCØioIIOg till mm;/JtlllJiñef,."" lite Mirrlck I",et. Pøyrrrort I<7mS I/1't: Nd-JI ""'. frr1m i1rvoÏtf!""',..¡a, IJ>pI'OIfØtlØf11l1L N~ I/lXlJOk ØlIIt11IHJt< MIl prrNft, prvpø,.,. """"I''''",''''''{fIÐtJle '" Mlrødeltt£readmr. 1'rucho.. onte. an/' fNZY7tI£IIf$ "'(JIII/, be ffIIIIie pøpa/;k to the 0_ ofMirock &!cretIlÎon Eqr.ip_ Compølf)'. e .-..-..... ..... ....- .-.... ' ._-,~..._,------ Accepted By Printeà Name J>ate '" e . ---'---"--'-.'- .. Rep#:S) ,Order #: 51034139 Page 3 Qf3 .. . . . SARATOGA CITY COUNCIL ô , / - ., £) '~y ORIGINATING DEPT: Community Development CITY MANAGER: <!;:;/ ~ / - . PREPARED BY: Ann Welsh, AICP DEPTHEAD: , ~ MEETING DATE: September 17, 2003 AGENDA ITEM: SUBJECT: Resolution of Support of the Memorandum of Consensus - Prepared by the Santa Clara Valley Water Resources Protection Collaborative RECOMMENDED ACTION: Adoption of the Resolution of Support REPORT SUMMARY: Controversy over the Santa Clara Valley Water District's (SCVWD) intentions to extend their jurisdiction beyond the traditional boundary of 50 feet from stream resources was a catalyst to formation of a Collaborative of all potentially affected entities. The Santa Clara Valley Water Resources Protection Collaborative of which Saratoga is a member met monthly between February and July 2003 and in the course of these meetings developed the attached "Memorandum of Consensus". This Memorandum is a statement outlining the procedure whereby participants in the Collaborative plan to jointly develop standards and guidelines to enhance protection of water and watershed resources within Santa Clara County, A key element in the Memorandum is the SCVWD Board holding in abeyance its enactment of any ordinance revisions without the consensus of the Collaborative, Members ,Œ the Collaborative are committed to meet on a quarterly basis for one year to assess and direct the development of these standards and ordinance revisions, Adopting the Resolution of Support is a statement that Saratoga agrees to continued participation in the Collaborative and that the City is committed to jointly develop mutually agreed upon policy and guidelines to implement watershed resources protection measures, . FISCAL IMP ACTS: The primaty fiscal impact will be the cost incurred in allocation of staff time, which will be approximately eight hours quarterly. If staff volunteers to participate in the Technical Advisory Committees additional staff time of eight hours montlùy will be required, CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Failure to adopt the "Resolution of Support of the Memorandum of Consensus" would be perceived as a demonstration of non-support of the objectives of the Collaborative. The City would be voting to not be bound by the mutually agreed upon policy and guidelines which are to be developed by the Collaborative, ALTERNATIVE ACTION(S): There are no alternative actions, FOLLOW UP ACTION(S): The Collaborative has a one-year time frame in which to develop guidelines and policies that can be agreed upon by all participants, Adoption of these guidelines and policies may be the subject of a future resolution before City CounciL If Council votes to adopt the Resolution of Support, staff time will have to be allocated to participate in this Collaborative. ADVERTISING, NOTICING AND PUBLIC CONTACT: Since this "Resolution of Support" is merely an expression of continued participation and support of the objectives of the Collaborative, public notice is not required, ATTACHMENTS: L Memorandum of Consensus for Mutual Cooperation to Jointly Develop and Implement Water and Watershed Resources Protection Measures, Guidelines and Standards in Santa Clara County 2, Collaborative Process Addendum 3, A Resolution of the City of Saratoga of Support of the Santa Clara Valley Water Resources Protection Collaborative Memorandum of Consensus for Mutual Cooperation to Jointly Develop and Implement Water and Watershed Resources Protection Measures, Guidelines and Standards in Santa Clara County ~ . , 1 "II' e e e e . SANTA CLARA V ALLEY , , WATER RESOURCES PROTECTI ON COLLABORATIVE MEMORANDUM OF CONSENSUS FOR MUTUAL COOPERA nON TO JOINTLY DEVELOP AND IMPLEMENT WATER AND WATERSHED RESOURCES PROTECTION MEASURES, GUIDELINES AND STANDARDS IN SANTA CLARA COUNTY Ratified July 24, 2003 Santa Clara Valley Water District, City of Campbell, City of Cupertino, City of Gilroy, City of Los Altos, Town of Los Altos Hills, Town of Los Gatos, City of Milpitas, City of Monte Sereno, City of Morgan Hill, City of Mountain View, City of Palo Alto, City of San José, City of Santa Clara, County of Santa Clara, City of Saratoga, City of Sunnyvale, Guadalupe-Coyote Resource Conservation District, Santa Clara County Farm Bureau, Silicon Valley Manufacturing Group, Home Builders Association of Northern California, San Jose Silicon Valley Chamber of Commerce, CLEAN South Bay, The Leagues of Women Voters of Santa Clara County, Santa Clara Valley Audubon Society, and Families for Fair Government Facilitated by CONCUR, Inc. Scott McCreary, Ph.D., Prindpal-in-Charge, James Lewis, J.D., Project Manager SANTA CLARA V ALLEY WATER RESOURCES PROTECTION COLLABORATIVE MEMORANDUM OF CONSENSUS FOR MUTUAL COOPERATION TO JOINTLY DEVELOP AND IMPLEMENT WATER AND, WATERSHED RESOURCES PROTECTION MEASURES, GUIDELINES AND STANDARDS IN SANTA CLARA COUNTY WHEREAS, the Santa Clara Valley Water District ("SCVWD"), along with staff representatives of the County of Santa Clara ("County"), the Cities m Santa Clara County ("City;" "Cities"), the Guadalupe-Coyotè Resource Conservation District ("GCRCD"), the San Francisco Bay Regional Water Quality Control Board, various busmess and development mterests, environmental and community mterests, and a representative of property owners' interests have formed and are members of the Santa Clara Valley Water Resources Protection Collaborative ("Collaborative"); and, WHEREAS, all Collaborative members share the water and watershed resources protection goals of flood management, drinkmg water quality and adequate quantity, surface and groundwater quality and quantity, and habitat protection and enhancement; and WHEREAS, it is recognized that the SCVWD, Cities and County through Implementation of their National Pollutant Discharge Elùnination System (NPDES) Permits, Best Management Practices and other means have contmuously acted to protect the watersheds, water quality and water resources m Santa Clara County; and WHEREAS, the SCVWD, Cities, County and GCRCD are committed to furthermg these goals through the implementation of existmg policy, and the timely adoption by the SCVWD, Cities and County of land development policy, guidelmes and standards developed collaboratively with other stakeholders; and i e , 1 'I e WHEREAS, m order to accomplish these goals, the Collaborative recognizes the importance of the mterests and prmciples of: delmeation of responsibilityJor admmistering collaboratively developed policies, guidelmes, and standards, as may be e Santa C]ara Valley Water Resources Protection Conaborative Memorandum of Consensus July 24, 2003 Page 1 . . . approved, to which SCVWD, County and City activities and permit review shall conform; monitoring and accountability; and private creek-side property owners; and WHEREAS, itis recognized that local control is the key principle to t4e " implementation of resource protection goals, that Cities and the County are the'primary jurisdictions for land use plaIU1ing and land use permit regulation; and ' WHEREAS, the broader stakeholder community bas an important role in local stewardship and enhanced resource protection; and WHEREAS, the CoJJaborative has reached consensus on Foundatioral PrinCiples and Key Elements to guide cooperative efforts aimed at enhanced water and watershed resources protection. NOW, lliEREFORE, this consensus is set forth as foJJows. Section I Collaborative Process .1. In furtherance of its responsibilities for achieving the goals of watershed stewardship and comprehensive management of water resources, providing safe and adequate drinking water, ensuring surface and groundwater quality· and quantity, protecting and enhancing riparian habitat and providing effective management of flood risks, the SCVWD Board has considered amendments to its Ordinance 83-2. These amendments were intended to better achieve water and watershed resources protection goals by extending SCVWD permitting jurisdiction to sensitive groundwater areas, as well as areas located beyond its traditional jurisdictional boundary 0[50 feet from SCVWD facilities and stream resources within Santa Clara County. 2. The Cities and County raised concerns regarding these proposed revisions to Ordinance 83-2, based upon the primacy of their own jurisdiction over planning and permitting within their respective jurisdictions, as well as their history of responsible actions protecting water resources through the exercise of these planning and permitting activities, 3. The Cities and County were also concerned that proposed revisions to Ordinance 83-2 might conflict with recently imposed requirements under Santa Clara Valley Water Resources Protection Collaborative luly 24, 2003 Memorandum of Consensus Page 2 ) Section C. 3. of the National Pollution Discharge Eliminatio,fl System Permit, under which the SCVWD, County and Cities within the jurisdiction of the San Francisco Bay Regional Water Quality Control Board are co-permittees, or prospective Phase II regulations to be developed by the Central Coast 1 Regional Water Quality Control Board, to be applicable to the cities of Morgan Hill and Gilroy. ' , 4, In response to those concerns, it was agreed that a collaborative, named the Santa Clara VaHey Water Resources Protection Collaborative, would be forma11y convened for a 6 month period beginning on February 20, 2003. In order to represent as broad a range of interests as possible, while maintaining a manageable and effective size, the Collaborative's membership was ultimately agreed to include: e , 1 ,,' 15 municipaJities (1 or 2 representatives each) County of Santa Clara (2 representatives) SCVWD (3 representatives) Regional Water Quality Control Board, SF Bay Region (1 representative) GCRCD (1 representative) Santa Clara County Farm Bureau (1 representative) Environmental/CommurùtyInterests (3 representatives) Business/Development Interests (3 representatives) Property Owner Interests (1 representative) e 5. The Collaborative was formally convened on February 20, 2003, and met thereafter on each of the following dates: March 27, April 17, May 22, June 26, and July 24. The Co11aborative's work began with the formal ratification of a Mission and Ground Rules, to focus and to guide its efforts. The Co11aborative's work continued with the definition of water and watershed resources protection problems by the SCVWD. Once these problems were clearly identified, and the common interests of the . Collaborative members in enhancing their ongoing and responsible stewardship of these resources were confirmed, the Collaborative convened Work Teams to address specific issues to inform the Collaborative's further deJiberations. Section II Foundational Principles and Key Elements Based on the foregoing, the Co11aborative members, individually and collectively, agree on the following FoundationaJ Principles and Key Elements: e Santa Clara Valley Water Resources Protection Collaborative Memorandum of Consensus July 24, 2003 Page 3 . . . Foundational Principles 1. All Collaborative members share the following four water and watershed resoµrce protection goals: . a. Flood Management b, Drinking Water Quality and Adequate Quantity c. Surface and Groundwater Quality and Quantity; and d. Habitat Protection and Enhancement . 1·,1 " 2. TheSCVWD, Cities and County, through implementation of their National Pollutant Discharge Elimination System (NPDES) Permits and other permits, Best Management Practices and other means have continuously acted to protect the watersheds, water resources and water quality in Santa Clara County., ' 3. The SCVWD, Cities and County are committed to furthering these goals through the implementation of existing policy, and the timely adoption of additional land development policy, guidelines and standards jointly developed with other stakeholders. 4. In order to accomplish these goals, the CoHaborative recognizes the importance of the folJowing interests: a, Implementation of City and County General Plans; and b. Private creekside property owners' rights and interests; and c. Delineation of responsibility for administering such mutUally agreed-upon policy, guidelines and standards, as may be approved, to which the activities and permit review by the SCVWD and Cities and County shall conform. 5. Local control is the key principle to implement resource protection goals. a. The broader stakeholder community has an important role in local stewardship and enhanced resource protection. b. The Cities and the County are the primary jurisdictions for Jand use planning and land use permit regulation. 6, Monitoring and accountability is necessary in order to assure the effectiveness of the resulting water and watershed resources protection measures. Santa Clara Valley Water Resources Protechon CoUaborahve Memorandum of Consensus July 24, 2003 Page 4 j Key Elements e A. PLANNING " , " 1. The SCVWD, Cities, County and the GCRCD Em'þrace the Water and Watet;shed Resources Protection Objectives of the CoJlaborative¡ and CoHaborative Members Intend To Develop and To Recommend Approval in a Timely Manner by the SCVWD, Cities and County of Policies, Guidelines and Standards in Order to Protect These Resources. , , 'I " The ColJaborative recognizes the common interests of all ColJaborative members in the protection and enhancement of water and watershed resources, including groundwater, surface water, and the habitat associated with waterways within Santa Clara County. In order to enhance the protection of these resources, and to progress towards more uniform requirements for their protection, the SCVWD, Cities and County, together with interested stakeholders, should work in partnership to collaboratively develop policies, guidelines and standards in a timely manner. As may be adopted, these policies, guidelines and standards will be implemented through the SCVWD's, e Cities' and County's respective planning and permitting functions, and be appHed " to their own capital projects and operations and maintenance activities. 2. Joint Development of Strategic Plans, including a SCVWD Strategic Plan. The ColJaborative recognizes that long-range goals for the protection and enhancement of water and watershed resources are achieved most effectively through the coordination and consistency of strategic planning efforts undertaken' by the SCVWD, Cities and County. Long-range planning activities of the SCVWD, Cities and County should be undertaken with the maximum possible consultation and early involvement of each other. Likewise, the Collaborative recognizes the importance of a SCVWD Strategic Plan in setting a vision and policy framework for water and watershed resources protection throughout Santa Clara County, and urges the SCVWD to expand its own strategic planning activities in as comprehensive a manner as possible. 3. Acknowledgment of Differing Environmental Resources. Recognition of the diversity of water and watershed resources throughout the County is a Key Element in the successful co]]aborative development of policies, guidelines and standards for the protection of these resources, The Collaborative . Santa CJara Va]]ey Water Resources Protection Collaborative Memorandum of Consensus Ju]y 24, 2003 Page 5 e e e recognizes that different localities within the County, such as rural and urban, may require different solutions with respect to water and watershed resources protection, and that this recognition should be a fundamental consideration in the joint development öf poHcy, guidelines and standards for resources protectjon. B. PERMIT REGULATION 1. Delineation of Responsibj]jty for Resources Protection to the Cities anq' County/CoJ1aborative Development of GuideJjnes and Standards. As the Collaborative clearly acknowledges the primacy of the Cities' and County's authority over land use planning and permitting, it also recognizes the need to work in partnership with the SCVWD and interested stakeholders to collaboratively develop policies, guidelines and standards in order to continuaJ1y enh:;¡nce the protection of water and watershed resources within Santa Clara County. This process is intended to ensure that SCVWD responsibjJjties for the protection and enhancement of these resources will be implemented in a consistent manner, and wi}] demonstrate to the citizens of Santa Clara County, and to state and Federal agencies, local leadership in the stewardship of these resources. 2. Clear IdentWcation of Respective Ro1es/ResponsibjJjties, including the Reciprocal Early ConsuHation Among the SCVWD, Cities and County in Development Review. By recognizing the primacy of the Cities' and County's authority over land use planning and permitting, and the legitimacy and importance of the SCVWD's mission and responsibiJities, the CoJJaborative is seeking to clarify the roles and responsibilities of the SCVWD, Cities, County, GCRCD, and stakeholder groups and organizations. The need for cJarificaUon is reflected in the FoundationaJPrinciples enumerated above, as well as the key relationship between the delineation of responsibjJjty for resources protection to the Cities and County, and the joint development of policies, guidelines and standards by the SCVWD, Cities, County and interested stakeholders. As guidelines and standards are developed, the early consultation of the SCVWD, Cities and County in each others' development review will help build a stronger foundation of mutual understanding of how water and watershed resources protection can be implemented through their planning and permitting. For that reason, the Collaborative will undertake a pilot project between the SCVWD and selected Cities, on a voluntary basis, to expJore and to develop enhanced procedures for the mutual consultation in each others' planning and permitting activities. Santa CJara Valley Water Resources Protection Collaborative July 24, 2003 Memorandum of Consensus Page 6 3. SCVWD Staff wm Recommend that the SCVWD Board Hold Ordinance Revisions in Abeyance Subject to a TimeJine for the Development and Implementation of Guidelines and Standards. e Controversy over the nature and scope of proposed revisions to the SCVWD's ' Ordinance 83·2 acted as a catalyst for the convening of the Collaborative. A Key Element of the Collaboratìve's consensus, therefore, is the SCVWD Board )1olding in abeyance its enactment of any ordinance revisions without the consensus of the Collaborative, subject to a reasonable timeline, as set forth below in Section C. This tìmeline is intended to provide for the development and, as may be approved, implementation of selected guidelines and standards jointly developed by the SCVWD, Cities, County, GCRCD and interested stakeholders. This Element is intended to preserve the status quo regarding permitting near SCVWD facilities and streams within Santa Clara County while Collaborative members undertake the development of guidelines and standards that wjJI subsequently be administered by the SCVWD, Cities and County. , , " " C. WORK PRODUCTS AND MILESTONES In recognitìon of the commitment of Collaborative members to the timely, implementatìoI'l of the objectives of this Memorandum, the following process, timeline and milestones are agreed to: e 1. The Santa Clara County Water Resources Protectìon Collaborative shall continue to meet for one year on a quarterly basis, and serve to assess and to direct progress towards the following quarterly milestones, commencing August 1, 2003. The Collaborative wi1l report its progress towards thèse milestones, and the overall goals of the Collaborative, on a quarterly basis to the SCVWD Board: 2. First Quarter Milestones shall include: a. Adoption of a Resolution of Support of this Memorandum by the governing bodies and/ or constituencies of the Collaborative members; b. SCVWD completion of a compendium of existing SCVWD policies pertaining to the water and watershed resources protection goals of the Collaborative; c, Commencement of a Pilot Project between the SCVWD and e selected Cities, on a voluntary basis, to explore and to develop Santa Clara Valley Water ResQurces Protection Collaborative July 24, 2003 Memorandum of Consensus Page 7 . . . enhanced procedures for involving the SCVWD, Cities and, County in each others' planning and permitting activities ana consultative basis; d. Preparation of a definition of "surfaèe and ground~aterquality . . and quantity," for purposes of developing an Outline df' . Guidelines and Standards for the protection of such ~esóurces. e. Preparation of an Outline of water and watershed resources protection Guidelines and Standards for land use near streams. " f. Development of a process, scope and timelinefor the completion of a SCVWD Strategic Plan. 2. Second Quarter Milestones shall include: a, Preparation of an Outline for Guidelinés and Standards for the protection of surface and groundwater quality and quantity. b. Evaluate progress, scope and timeline for SCVWD Strategic Plan. 3, Third Quarter Milestones shall include: a. Continuing Collaborative assessment and direction of the development of Guidelines and Standards for land use near streams and for the protection of surface and groundwater quality and quantity; and c. Preparation of an Outline for Implementation and Adaptive Management Strategies. d. Evaluate progress, scope and timeline for SCVWD Strategic Plan, 4. Fourth Quarter Milestones shall include: a. Comp]etion of Guidelines and Standards for land use near streams, and for the protection of surface and groundwater quality and quantity; b, Completion of a Pilot Program Report, which wiU include recommendations for enhanced procedures for involving the Santa Clara ValJey Water Resources Protection ColJaborative Memorandum of Consensus July 24, 2003 Page 8 ¡ SCVWD, Cities and County in each others' planning and permitting activities county-wide, in a consultative capacity; and , . . c. Timeline for completion of Implementation and Adaptive, Management Strategies, and designation of an appropria~e Implementing Body to oversee the Adaptive Management Plan, including public outreach. d. Evaluate progress, scope and timeline for SCVWD Strategic Plan. 'I D. MONlTORJNG, ASSESSMENT AND ADAPTIVE MANAGEMENT BY AN APPROPRJA TE .IMPLEMENTING BODY Throughout the Collaborative's proceedings, there has been the recognition that the successful implementation of any policies, guidelines or standards intended to protect water and watershed resources depends upon the development of appropriate means to morutor and assess the effect of adopted measures. In addition it is necessary to provide some means to revise those measures as needed in order to achieve and enhance resources protection. Accordingly, a Key Element in the joint development of guidelines and standards is . the designation of perfonnance measures and monitoring strategies that can be successfuJJy employed to gauge the effectiveness of adopted measures. Of equal importance is the designation of an appropriate Implementing Body to review the results of monitoring and assessment of poHcies, guidelines and standards, as may be adopted, and to propose revisions to those poHcies, guidelines and standards which will enhance resources protection, or prove to be more practical and cost- effective while advancing resources protection goals. E. RESOURCE COMMITMENTS In order to achieve the Milestones described in Section C, CoJJaborative members agree to continued participation, on the quarterly schedule set forth above. The Collaborative's responsibility at these quarterly meetings wm be to assess and direct progress towards enumerated Milestones, and to review, revjse and ratify Work Products presented for the Collaborative's consideration. Quarterly meetings may be fuJJ day meetings, when necessary, but shall otherwise be scheduled as half-day meetings. Additionally, on a strictly voluntary basis, the SCVWD, Cities, County, other organizations represented in the Collaborative, and interested stakeholders may . participate in such Technical Advisory Committees, or other Work Teams, as may be Santa Clara Valley Water Resources Protection Collaborative Memorandum of Consensus July 24, 2003 Page 9 . convened on behalf of the Collaborative in order to develop the Work Products required at each quarterly Milestone. NOW, THEREFORE, in recogrution of the foregoing, the \lI1dersigned signify that they have (1) participated in the Collaborative, (2) that this Memorandum accµrately '".' reflects the consensus reached among Collaborative members regarding FO\lI1dational' , Principles and Key Elements, including the quarterly Milestones of Sectiori'C. above, to guide cooperative efforts aimed at enhanced water and,watershed resources protection, , and (:3) that they will act in good faHh to recommend approval of a Resolution of Support of this Memorandum by their respective governing bodies and/or constituencies. " ',f) Ratified this 24th day of July, 2003. Santa Clara Valley Water District cd~~~ . Chief Executive Omcer iL /,.~ JamesM Fiedler eputy Operating Officer Watershed Management Division . ~¿~~ Assistant Operating Officer Watershed Management Division .. City of CampbelJ ~. ~~t'~ Sharon Fierro Comm\lI1ìty Development Director City of Cupertino ~~,~uA.Á if. Public Works Director Santa Clara VaHey Water Resources Protection Col1aborative Memorandum of Consensus lu1y 24, 2003 Page 10 ~ Rick Smelser City Engineer Philip Rose City Manager Town of Los Altos Hills C!Jeq Carl Cahill Planning Director Town of Los Gatos .ðß('. L~ hn E. Curtis, r.E. Direc' of Parks and Public Works City of MiJpilas ~i.("»7 ~ ~~ DavId M, (Mike) ~eely City Engineer Scott D. Alman, P.E. Director of Public Works/City Engineer Santa CJara Valley Water Resources Protectjon CoJ]aboratjve Memorandum of Consensus ¡ , e " ',' ð-:a~ / ~<.. James Porter Director of Public Works ~~ e MintzeCheng City Engineer ,.....-. ~, ~~/v Tambri Heyen Planning Manager e JuJy 24,2003 Page 11 . . . City of Morgan Hi}] ~- ~ Jim Ashcraft ublie Wm~ ""do< City of Mountain View City of Palo Alto fL~ Glenn Roberts Public Works Director City of San José 00Ari. Carl Mosher Director Environmental Services Department City of Santa Clara rJ)/),f-vv ß~ ~ajeev Batra City Engineer County of Santa Clara ~2~ Planning Director Santa Clara Valley Water Resources Protection Collaborative Memorandum of Consensus , , titPMd ~, Laurel Prevetti DeputyDirector, Department of Planning, Building and Code Enforcement 12¡J~ Ro]o Parsons Roads and Airports Department juJy 24, 2003 Page 12 ¡ City of Saratoga . L :;ffßL " " Ann Welsh Assistant Planner " ., " ' City of Sunnyvale ~,~ Barbara Keegan Assistant Director of Public Works 'I , " Trudi Ry Planning Officer Guadalupe-Coyote Resource Conservation SCVWD ~~. Lawr c ohmann Board Member . Santa Clara County Farm Bureau /'> /' j { Jenny Derry Executive Directo Business/Development Interests ~~~Þ1~ ~~ ¿íMargaret V. Bruce Crisand Giles Director, Environmental Programs Executive Director, Southern Division Silicon Vaney Manufacturing Group Home Builders Association. .l~ 1.1 J!0fNO"h~ ColiIomi. V James I, Tucker . Vice President . San Jose Silicon Valley Chamber of Commerce Santa Clara VaHey Water Resources Protection ColJaborative Memorandum of Consensus July 24, 2003 . Page 13 . . . Environmental/Community Interests t:u Trish Mu1vey Co-Founder CLEAN South Bay L~ Ann Coombs .' The Leagues of W'omen Voters . , of Santa Clara County , , ß~¡ " paig Breon Executive Director Santa C1ara VaHey Audubon Society FamiJies for Fair Government 07µ Michael Houlihan '> Santa C]ara VaDey Water Resources Prolecbon Co]]aboratjve Memorandum of Consensus ]uJy 24, 2003 Page 14 Collaborative Process Addendum . 1. On December 11, 2002, the City of Cupertino funded, and together with the I SCVWD convened, a meeting to discuss the initiation of a coJ1aborative process to address resource protection goals, and potential jurisdictional' conflicts associated with achieving those goals. Plar\ning and Public Works officials from Local Agencies were invited to the meeting, as well as numerous representatives of other governmental and non-governmental organizations and stakeholders with interests in water and watershed resources protection. CONCUR, Inc., ("CONCUR") an environmental mediation firm with experience in facilitating multi-stakeholder processes, was invited to give a presentation concerning collaborative processes, and to answer questions regarding possible options for convening and conducting a formal collaborative process addressing identified concerns and issues. 2, Cupertino Vice-Mayor Sandra James opened that meeting, and following introductory remarks by Cupertino Public Works Director Ralph Qualls and SCVWD CEO Stan Williams, CONCUR Principal Scott McCreary outlined potential advantages of a faciHtated, co]aborative approach to coordinating the interests of the SCVWD, Local Agencies and interested stakeholders. At the conclusion of that meeting, the SCVWD agreed to consider funding a Situation Assessment, 'to be conducted by CONCUR for presentation at a further meeting on January 16, 2003. As explained during the meeting, the Situation Assessment would be based upon as many interviews of key participants at the December 11 meeting as possible, and its conclusions would be summarized in a Convening Report. . The Convening Report would include recommendations concerning the amenability of controversy to collaborative solution, and options and recommendations for the composition and general mission of a coJJaborative process. A Steering Committee was designated to work on administrative details in the meantime, and to provide preliminary revision and comment on the Draft Convening Report, Meeting Agendas, and other CONCUR work products. The Steering Committee continued to serve in tills capacity throughout the Collaborative's proceedings. 3. On January 16,2003, the Convening Report was presented, and the composition and general mission of a collaborative were agreed upon, to be funded by the SCVWD. The decision to formally convene a co]]aborative was made by the consensus decision of the participants at that meeting, which again included Planning and Public Works officials from Loeal Agencies, as weJJ as representatives of other governmental and non-governmental organizations and stakeholders. 'I . Santa Oara Va]]ey Water Resources Protection Co]]aborative Collaborative Process Addendum Page] Ju1y 24, 2003 . e e . 4. In orderto compose the membership of the Collaborative, SCVWDCEO StanleyM. Williams sent letters to the City Managers/County Executive of the Cities and " County, as well as the San Francisco Bay Regional Water Quality Control )3oard and the GCRCD, inviting their participation, and requesting the formal depig:nation of representatives to the Collaborative. Interested representatives of the Santa Clara County Farm Bureau, Environmental/Community Interests, Business/Development Interests, and Property Owner Interests who had .participated in ÎIÙtial n1'eetings Were invited to "self select" appropriate representatives to serve on the Collaborative. 5. On May 22, 2003, based upon its work to date, the Collaborative ratified a document entitled "Elements of Collaborative Agreement," (Attachment D), whiCh outlined Foundational Principles and Key Elements upon which an agreement among its members could be based. 6. On June 26, 2003, the Collaborative reviewed and revised the specific language of this Memorandum, which is based upon the ratified "Elements of Collaborative . ·Agreement." The Collaborative also reviewed and revised a uniform Resolution to accompany the Agreement for the consideration of the governing bodies and/ or constituencies of the Collaborative members. Santa Clara Va]Jey Water Resources Protectjon Collaborative Col]aborative Process Addendum Page 2 July 24, 2003 RESOLUTION NO. , e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OF SUPPORT OF THE SANTA CLARA WATER RESOURSES PROTECTION COLLABORATIVE MEMORANDUM OF CONSENSUS FOR MUTUAL COOPERATION TO JOINTLY DEVELOP AND IMPLEMENT WATER AND WATERSHED RESOURCES PROTECTION MEASURES, , GUIDELINES AND STANDARDS IN SANTA CLARA COUNTY 1 I '" WHEREAS, the Santa Clara Valley Water District ("SCVWD"), along with representatives of the County of Santa Clara ("County"), the Cities in Santa Clara County ("City," "Cities"), the Guadalupe"Coyote Resource Conservation District ("GCRCD"), the San Francisco Bay Regional Water Quality Control Board, various business and development interests, environmental and community interests, and a representative of property owner's interests have formed and are members ofthe Santa Clara Valley Water Resources Protection Col1aborative ("Collaborative"); and, e WHEREAS, all Collaborative members share the water and watershed resources protection goals of flood management, drinking water quality and adequate quantity, surface and groundwater quality and quantity, and habitat protection and enhancement; and WHEREAS, it is recognized that the SCVWD, Cities and County through Implementation of their National Pollutant Discharge Elimination System ("NPDES") Permits, Best Management Practices and other means have continuously acted to protect the watersheds, water quality and water resources in Santa Clara County; and WHEREAs, the SCVWD, Cities, County and GCRCD are committed to furthering these goals through the implementation of existing policy, and the timely adoption by the SCVWD, Cities and County of land development policy, guidelines and standards developed collaboratively with other stakeholders; and WHEREAS, in order to accomplish these goals, the Collaborative recognizes the importance of the interests and principles of; delineation of responsibility for administering collaboratively developed policies, guidelines, and standards, as may be approved, to which SCVWD, County and City activities and permit review shall conform; monitoring and accountability; and private creek-side .- property owners; and .. Santa Clara Water Resources Protection Collaborative Uniform ResoJution of Support e e e WHEREAS, it is recognized that local control is the key principle to the implementation of resource protection goals, that the Cities and the County are the primary jurisdictions for land use planning and land use permit regulation; and WHEREAS the broader stakeholder community has an important role in local' stewardship and enhanced resource protection; and WHEREAS, the Collaborative has reached consensus on Foundational Principles and Key Elements to guide cooperative efforts aimed at enhanced water and watershed resources protection, NOW, THEREFORE, BE IT RESOLVED to support the consensus of the Santa Clara Valley Water Resources Protection Collaborative as set forth in the Memorandum of Consensus to Jointly Develop and Implement Water and Watershed Resources Protection Measures, Guidelines and Standards in Santa Clara County; BE IT FURTHER RESOLVED, to support the efforts of the staffrepresentatives of the Collaborative to develop and propose for future adoption by respective Boards of the County and the SCVWD and the Councils of the, Cities those water and watershed resources protection measures, guidelines and standards that are developed in accordance with the Memorandum of Consensus to Jointly Develop and Implement Water and Watershed Resources Protection Measures, Guidelines and Standards in Santa Clara County, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Saratoga on this 17th day of September 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Stan Bogosian, Mayor ATTEST: Cathleen Boyer, City Clerk 2 Santa Clara Water Resources Protection ColJaborative Uniform Resolution of Support . SARATOGA CITY COUNCIL 3h, OJ~ MEETING DATE: September 17,2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: rß~ DEPTHEAD: Cathleen Boyer. Ci~lerk SUBJECT: Claim of Raihana Bano; Claim No. GL-055073 'I; RECOMMENDED ACTION: Authorize ABAG to settle the claim. REPORT SUMMARY: On June 28,2003 Raihana Bano (claimant) presented a claim regarding an incident that occurred while she was visiting Hakone Gardens. The claimant alleges that she fell as she was climbing a set of steps located within Hakone Gardens. . The City's claims examiner reviewed aIJ documents provided by the claimant and ,City staff, and made recommendations. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide to reject the claim. FOLLOW UP ACTION: City Clerk will process acceptance notice. ADVERTISING, NOTICING AND PUBLIC CONTACT: . NJA ATTACHMENTS: None e . . SARATOGA CITY COUNCIL MEETING DATE: L CITY MANAGER: CJ~ DEPTHEAD: ~' September 17, 2003 AGENDA ITEM: ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP SUBJECT: Major Update an,d Amendment to Section 15-50, Tree Regulations Including City Attorney suggested Additions and Deletions and the Adoption of an Environmental Determination RECOMMENDED ACTION: L 2, 3, Re-open the continued public hearing and accept public testimony. Introduce the Ordinance by reading its title and waiving the first reading; Schedule a hearing to consider adoption of the Qrdinance at the meeting of October 15,2003; and Direct the City Clerk to publish the attached notice of the hearing in, the Saratoga News for two successive weeks prior to the hearing, 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 cons.titutes a major update and re-write to the existing Tree Regulations, the ordinance is not categorically exempt [¡-om 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 an 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 two years it has become increasingly clear that the City's Tree Regulations, Article l5"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 accomplishedlO-years ago allowed the Sub-Committee tò move rapidly toward having a draft ordinance before the Planning Commission for Public Hearing and subsequent recommendation to the City Council. ' , At the September 3, 2003 City Council meeting the Public Hearing was continued to allow the City Attorney time to complete a thorough review and suggest technical changes to improve the enforceability of the ordinance, Additionally, several related issues were raised, The City Attomey(s) have provided analysis ofthose issues that were raised as follows: '" Adoption ofISA Standards The proposed ordinance requires compliance with the International Society of Arborists Pruning Standards and Guide for Plan Appraisal. State law requires the City to follow specific procedures when adopting standards such as these by reference. The procedures include a special public hearing (which would he held in conjunction with the second reading of the ordinance); published notice for two weeks prior to that hearing (a copy of the proposed notice is attached to this staff report); and making the standards available for pubJic review, The recommended action and text of the proposed ordinance have been structured to comply with . these requirements, Administrative Penalties Members of the public have expressed interest in setting administrative penalties for tree removal as high as $50,000 per tree. . In order to impose administrative penalties the City must adopt special procedures to provide due process to the violator. (Govemment Code 53069A(a)(l),) Those procedures must allow a reasonable period of time for a person responsible for a violation to correct or remedy the violation prior to imposing the administrative penalty as long as there is no immediate danger to health or safety, (CaL Gov. Code § 53069A(a)(2),) It will take some time to develop these procedures so they have not been included in the current draft of the ordinance, Ifthe City Council determines that the City should have the discretion to seek administrative penalties, staff recommends that Council direct the City Attorney's office to prepare a comprehensive administrative penalties ordinance that would allow the City to seek administrative penalties for all violations ofthe City Code. Administrative penalties for violations that would be criminally prosecuted as an in[¡-action cannot exceed the criminal penalties for in[¡-actions (these range [¡-om $100 to $500), There is no statutory limit on administrative penalties for violations that are classified as misdemeanors, The City code currently makes violations of the tree protection ordinance an in[¡-action only. The proposed amendments would make violations a misdemeanor but would allow the City to . 2 of 19 . prosecute violations as an in[¡-action, In[¡-actions do not typically appear on an individual's criminal record unless the individual was arrested and booked for the in[¡-action, Misdemeanors typically do appear on a criminal record State Licensing Requirements Staff has confinned that a state contractor's license is required to trim a tree measuring fifteen (15) feet or more in height after planting, (California Business and Professions Code SectÍon fu . I 7026.I(c); Fernandez v. Lawson (2003) 31 CaL4 31,34,) For example, a gardener may not trim a tree measuring 15 feet or more in height without a state contractor's license. According to the State Contractor's Licensing Board, a property owner is not precluded from personally trimming a tree of any size on the owner's own property, If the City Council wishes to make this state requirement a part of the City Code, staff recommends that the Council amend section l5's0-170 of the attached ordinance to include the underlined text below: Any business, which perfonns structural pruning or tree removal on protected trees in the City, must be in possession of a Saratoga business license, must be in possession of all licenses required bv state law for the work being perfonned. and must have an ISA Certified Arborist on staff, in a supervisory position for the accomplishment of such work . The changes to the Tree Regulations the City Attorney's Office is recommending fall into the . following major categories: · Adopts by reference the International Society of Arboriculture Pruning Standards (2001 eclition) and the Tree Valuation Fonnula contained in the Guide for Plant Appraisal (April 200 edition) · Adding to the application requirements that the site plan shall show the location of any proposed replacement trees · Adcling the definition of "Canopy" and "Crown" - "Canopy" or tree canopy means all portions of the tree with foliage. As context requires, the term also describes the area inside the drip line, "Crown" means the portion of the tree above the trunk including the limbs and foliage, · Requiring that a person who removed, pruned in excess of 20% or encroached into the root zone of a tree without having first obtained required approval must obtain a tree removal, pruning or encroachment pennit for the previously conducted unlawful activity, including one or more of the following conclitions as appropriate: o Shall replace each unlawfully removed tree as determined pursuant to the City Arborist's calculation of the value of the removed tree/s in accordance with the ISA Tree Valuation Fonnula adopted by reference, o Shall make a cash payment to the City Tree Fund based on the City Arborist's calculation of the value of the removed tree/s in accordance with the ISA Tree Valuation Fonnula adopted by reference. o Shall enhance the condition of the remaining trees based on the City Arborist's calculation of the equivalent value of the unlawful damage to the tree, · The City Attorney's Office has also made nUmerous technical and grammatical changes. 30f19 The revised tree regulations previously presented 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-half feet [¡-om 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 [¡-om lO-inches. ' · Other trees will be protected at a diameter size of lO-inches, This is reduced [¡-om 12- inches, Moving the location of measurement [¡-om 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 infoI1llation to be provided on a site plan, · It establishes a NOTICE requirement for Tree Removal peI1llit 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 PeI1llit. The pruning of fruit and nut trees is exempt. · A Pruning PeI1llit and noticing will be required for any pruning of trees located on a neighboring property, · Excavations or hardscape surfaces are not allowed within the root zone of any protected tree without special conditions imposed by the Community Development Director or the City Arborist. , · 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 [¡-om the General Fund. · The ordinance increases the violation [¡-om an infraction to a misdemeanor unless in the discretion of the enforcing authority the violation should be charged and prosecuted as an in[¡-action. A misdemeanor can always be reduced to an in[¡-action 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 perfoI1lls 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 deletod [¡-om the existing ordinance and what is being added to the existing ordinance, 15-05.020 Purposes of Cbapter. . ". . 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: 40f19 e e . (a) To control the physical development of the City in such a. manner as to preserve it as essentially a residential community with a rural atmosphere, . (b) To achieve the arrangement ofland 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 [¡-om inharmonious 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 [¡-om the standpoint of the City as a whole. , . . (f) To prevent population densities in excess of those prescribed in the General flan, 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, G) 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 excJude new industrial development in order to preserve the essential residential character ofthe 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 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 PlarJ1ing 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, (iii) 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 ovcr twclve inchcs in diameter measuring at least (10) inches, as measured two fcet at four and one-half (4 %) feet above natural grade (DBH), and all native trees measuring at least six (6) inches, as measured at four and one-half feet above natural grade while stal1ding 011 the high side of the tree, (viii) areas of dense vegetation and erøoks and (ix) riparian corridors. (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 wjndows, or solar shadjng devices, Upon request, the applicant shall submit a solar shade study if determined necessary by the Planning Director Community Development Director, (3) Elevations of the proposed structures showing exterior materials, roof materials and window treatment 5 of19 (4) Cross sections for all projects located on a hillside lot, 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 qe constructed on a hillside lot. (6) Floor plans that indicate total gross floor area, determined in accordance with Section l5- 06,280 of this Chapter. (7) Roofplans, (8) Landscape and irrigation plans for the site, showing the location of existing' trees p~oposed to be retained on the site, the location and design of landscaped areas, types and quantities of landscape materials and irrigatl'on 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. 8-Q) (11) such additional exhibits or information as may be required by the Planning Director Community 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 elc'1cn fifteen reduced sets on sheets eleven inches by seventeen inches in size, f±-B (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 [¡-om 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 umeasonable 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 native and heritage trees. All heritage trees designated for protection pursuant to Section 15-50.020 (j) 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 it, Section 15-50.050. 6 of 19 . '" . . e e . ~ (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 W (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 devylopment or grading plan incorporates current grading and erosion control standards used by the City, ff¡ (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 Üi'd, 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 inches in diarnctcr as measured twe 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, thc location and design of landscapcd areas and the varieties of plant materials to be plantcd thercin, 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 l5-06.280 of this Chapter. (7) Roofplans, (8) Such additional exhibits or information as may be required by the Plarming Dircctor 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 cighteen seventeen inches in size, 70f19 (b) The application shall be accompanied by the payment of a processing fee, in such amount as established [¡-om time to time by resolution of the City Council, together with a deposit toward e the expense of noticing the public hearing as determined by the Planning Director Community Development Director. 15-46.040 Design criteria. In reviewing applications for design review approval under this Article, the PI arming 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 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 Plarming 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 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, 15-50,070 Application for permit. 15-50,080 Determination on permit. . 80f19 . 15-50,090 "^,ppeals, Development or improvement projects 15-50,] 00 No liability upon City. Appeals 15-50,110 Setback of new construction [¡-om cxisting trces. No liability u'p0n City 15-50,120 Violations; penaltics.-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 cormected 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 of landslides, counteract pollutants in the air, maintain the climatic balance and decrease wind velocities, It is the intcnt of this Article to establish rcgulations for the installation, maintcnancc, prescrvation and rcmoval of trccc within the City, consistent with the rcasonable use of privatc propcrty, 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, 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. 90fl9 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 pI' 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) "Canopy" or tree canopy means all portions of the tree with foliage. As context requires, the term also describes the area inside the drip line. (j) "Crown" means the portion of the tree above the trunk including the limbs andfoliage. (g) "DBH" means diameter at breast height. It is the diameter ofa single stem trunk tree measured at four and one-half (4 Yz) feet above the ground while standing Ofl 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 '12) feet above the ground while standing on the high side of the tree. (h) "Damage" means any action undertaken which causes short term 01' 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. (i) "Destroy" means to cause the premature decline of tree health or life as evaluated and determined by the City Arborist. (j)"Dripline" means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline will appeal' as an irregular shaped circle that follows the colt/our of the tree's branches as seen from overhead. (k)"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 (ISA) Standards, grading, excavating, trenching, parking ofvehicles, storage of materials or equipment, or the construction of structures or other improvements within the root zone of a tree (1) "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. (m) "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. 10 of 19 . "" . . . . . (n) "Native tree" means Coast Live Oak (Quercus agrifolia), 'Valley Oak (Quercus IQbata), ' 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 trcc means Valley Oak (Qucrcus lobata), California Livc Oak (Quercus agrifolia), and any othcr trees ofthc oak gcnus. (0) "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, (p) "Project site" means the site of the proposed tree removal, encroachment or development activity. (q) "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. (r)"Pruning" means any and all work performed on the roots, branches, or limbs of a protected tree. (s) "Removal" means the physical removal of a tree or causing the death of a tree through damaging, encroaching or other direct or indirect action. (t) "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. (u) "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, ~ (v) "Street tree" means any tree within the Public Street or right-of-way, W (w) "Shrub" means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at maturity, The Planning Director City Arborist shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub, (x) "Structural Pruning" means to maintain the size of lateral branches to less than three- fourths the diameter of the parent branel, or trunk. 1M (y) "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, (z) "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 ArticleI5-50 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 of development approval; and (3) To pay for new or replacement trees, their planting and maintenance, as determined by the Community Development Director, on public properties, streets, easements and dedicated open spaces. 11 of 19 (aa) "Tree Preservation and Protective Guidelines" means the policy established by 'the City . Council and adopted by resolution pursuant to section 15-50.1~0, and the administrative procedures and rules established by the Community Development Director for implementing this Article 15-50 of the City Code. (bb) "Tree Preservation Plan" means a detailed plan containing all protective measures to be I implemented before, during, and, after construction activities including provision fqrfuture 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 Plarming Director shall implement policies and standards for street tree planting and maintenance as established [¡-om 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 *J*ffi, 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 ofthe following: W (a) any native øaJf tree having a main one or more sterns or trunks which measures thirty tVlO inche~ or greatcr in circumfcrencc at a height of twenty four inches above natural grade, Six (6) inches DBH or greater W (b) any other tree having a main one or more sterns or trunks which measures forty inchc~ or greater in circumfcrence at a hcight of twenty four inche~ above natural grade, ten (10) inches DBH or greater. (c) Any street tree, as defined in Section 15-50.020Ee1 (t), regardless of size, (d) Any heritage tree, as defined in Subsection 15-50.0200) regardless of size. . 120fl9 . . . fà1 (e) Any tree that existed at the time of an approval granted under this Chapter or Chapter 14 of this Code, and roquirod to bc prcserved :IS pm't of such :lpprovaL W (j) Any tree required to be planted as a condition of any approval granted under this Chapter or Chapter 14 ofthis Code, , ft1 (g) Any tree required to be planted as a replacement for :In unbwfully rcmovcd tree, as provided in Section 15 50.120(a) Subsection 15-50.160 or 15-50.180 of this Article. ' " 15-50.060 Exceptions. The pennit 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 pennit on order of the City Manager, the City Enginccr, thc Planning Director, the Maintenancc Director, the Public Works Director, the Community Development Director, their designated representatives, or a membcr of the County Shcriff Peace Officer, or fire department having jurisdiction, (b) City employees. Employees of the City may without a pennit takc such action with rcgard to trees on City owned propcrty as may be nccessary to maintain safcty, fe) (b) Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may without a pennit 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, fà1 (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 pennit pursuant to this Article shall be required for rcmoval of such tree; such activity, provided, howcver, such tree 8hall not bc removcd until the issuance of:l building or gmding pcnnit for the improvements which are the subject of the :lpproV:l], (¡\mend cd by Ord, 71.86 § 3, 1991) the Community Development Director determines in writing that the substantive requirement of this article have been met, Í1tcluding completion of an Arborist Report, and, if necessary, completion of a Tree Preservation Plan and posting of a security deposit and/or maintenance bond. Any protected tree authorized for removal or encroachment 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 pennit shall be made to the Planning Director Community Development Director on such fonn 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 infonnation as the Director may require. For Native Trees notice shall be given to property owners within 150 feet tcn (10) neighboring prøpet·ties at the time of application, at least ten (10) days before a deeision 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 13 of 19 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 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 p,ermit 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 falJing, proximity to existing or proposed structures and interference with utility services, (2) Thc nccessity to rcmovc thc trce for cconomic or other cnjoymcnt 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, soilretention 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 cstablishcd standards ofthc 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 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 oftltis Article. (8) Any other information pertinent to the decision, including, if necessary, information obtained at a public hearing. (b) Additional recommendations. The Planning Diroctor 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 [¡-om an indepcndcnt trcc expcrt 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 Planning Dircctor Community Development Director shall render his decision within thirty days (30) after the [¡ling 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 14 of 19 . '" . . e e . rcplaccment trccs shall be obtaincd and plantcd 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 refumla~1e 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 or16 of this Code shall meet the requirements of §15-50.130. (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 50.09015-50.100 Appeals. (a) Except otherwise provided in subsection (b) of this Section, any person objecting to a decision by the Planning Dircctor 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) 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 Plauning Dircctor Community Development Director may issue the tree removal permit prior to expiration of the appeal period specified in Section 15-90.050 ofthis Chapter. 15 SO.100 15-50.110 No Iíabílíty upon City. 15 of 19 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, 1550.110 15-50.120 Setback of new construction from existing trees. , No structure or pavcmcnt, excavation or hardscape surface areas of any kind shall be constructed or installed within tcn fcet [¡-om any oak tree or within eight fcct [¡-om any other tree the root zone of any protected tree, unless otherwise permitted by the approving authority City pursuant to this Article. Except that 00 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 Conununity 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 pursuan't 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 submitted 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 dudng 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 and/or 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 160f19 ,,' e e e e . (a) Purpose and source of funds. A tree preservation fund shall be established for the City for the purposes specified in § 15-50.020 (x). The Tree Fund shall be financed by those fines which maybe assessed by courts, known as "penalty assessments," plus civil penalties, (IS 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 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 subsequently approved by the City. IS §IJ.12IJ 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 prosecuted as an infraction pursuant to Section 3-05.0l0(b)) and a pubJic 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 Planning Director Community Development Director, will provide equivalent value in terms of aesthetic and environmental quality, in tcrmG of size, height, location, 17 of 19 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 infreased, as determined by the Community Development Director, to reflect the tree's exceptional characteristics. (b) Where replacement trees will not cannot be accommodated on site according to good forestry practices, or cannot provide equivalent aesthetic or environmental quality becau$e of the size, age, or othcr characteristics of the unlawfully removed tree removed treels on site, the Planning Director City Arborist shall calculate the value of the removed treels 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 Planning Director Community Development Director may require either a cash payment to the City Tree Fund, or the planting of replacement trees as dcsignated by the Planning Director, 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 Director 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 determined by thc Planning Dircctor, Such pcrson shall cxecute a maintenancc agrcement with thc City, which shall bc rccordcd in the office ofthc County Recorder.for a minimum of five (5) years to ensure permanent establishment of any such tree/s, 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) 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 Arhorist on staff, in a supervisory position for the accomplishment of such work. 15.50-200 Possession of an Approved Tree Removal Permit 18 of 19 e '" e e . . . 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 requèst ofa 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 remqval 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 açtivity level will continue at a higher than needed level. ALTERNATIVE ACTION: l, 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 ofEnvironmentallmpact 2, Draft Ordinance 3, Ordinance Summary for Publication 19 of 19 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. Mter careful consideration of the infonnation 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) days from the date 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 ATTEST: CatWeen Boyer, City Clerk . . CITY OF SARATOGA INITIAL STUDY 1. Project Title: 2, Lead Agency Name & Address: , TREE ORDINANCE AMENDMENT Application ~o. 02-210 City of Saratoga, Community Development Department 13777 Fruitvale Avenue, Saratoga, CA 95070 Thomas Sullivan, AICP, 408.868.1222 CITYWIDE 3. Contact Person & Phone # 4, Project Location 5, Project Sponsor's Name & Address: 6, General Plan Designation: 7, Zoning: City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 N/A N/a 8, Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or oil-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 BioJogical Resources o Hazards & Hazardous Materials o Mineral Resources o Public Services o Utilities/Service Systems o Agriculture Resources o Cultural Resources o HydrologylWater Quality o Noise o Recreation o Mandatory Findings of Significance o Air Quality o Geology/Soils o Land Use/Planning 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, I find that although the proposed project could have a significant effect on the environment, there will not be à 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 impact" 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 iegai 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. x . 'I' 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, Signature Date Thomas Sullivan, AICP, Direcfor Community Development Department, City of Saratoga Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported 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 well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). e 2. All answers must take account of the whole action involved, including 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 less than significant level (mitigation measures from Section XVII, "Earlier Analyses", may be cross-referenced.) 5, Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c) (3) (0). 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 legal 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 fo"r 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. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discu~sion.e 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. 7. 8. 2 ttsues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact L 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 buiidings 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 substantial light or glare, which would adversely affect day or nighttime views in the area? Discussion of Aesthetics Impacts: There shouid 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 agricutture and farmtand, Would the project: a) Convert Prime Farmland, Unique Farmland, or . Farmland of Statewide Importance (Farmiand), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X X 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 iocation or nature, could result in conversion of Farmland, to non-agricultural 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? . c) Result in a cumulativeiy 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 Signjfjcant Impact Les,! Than Significant With MWgation Incorporated Less Than Signjfjcant Impact No 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 substantiai 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 Wildiife Service? (source #16) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regionai plans, policies, and regulations or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? x x "" x X c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc,) through direct removal, filling, hydrological interruption, or other means? · 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. X X X 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 X X · X 4 eues (and Supporting Information Services): paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact 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-Priolo 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) Landslides? 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 landslide, lateral spreading, subsidence, liquefaction or collapse?) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial 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 Less Than Significant . With Mitigation Incorporated Less Than Significant Impact No Impàct x x x x X X X X X X Issues (and Supporting Information Services): Potential1y Significant Impact 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 included 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 involving 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 VIILHYDROLOGY 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 Jevel 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, including through the aiteration of the course of a stream or river, in a manner which would result in substantial erosion or siitation 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 Less Than Significant With Mitigation Incorp,Orated Less Than' Significant Impact No Impact . x x '" x x . x x x x . 4IRues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With MWgation Incorporated Less Than Significant. Impact No Impàct site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additlonal 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) Inundatlon 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 pian? 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 pian? x .DiScussion of Energy and Mineral Resources Impacts: a) There are no known mineral resources within the City limits. XL NOISE, Would the project result in: a) Exposure of persons to or generation of noise levels 7 Issues (and Supporting Information Services): in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above ievels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 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 expose people residing or working in the project area to excessive noise levels? 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 replacement housing elsewhere? Potentially Significant Impact Less Than Significant With Mitigation Incorporated c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Discussion of Population and Housing Impacts: no discussion is required XIILPUBLlC SERVICES: a) Would the proposal result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire Protection? Police Protection? Schools? 8 Less Than Significant Impact No Impact '. x' x x 'I' x x . x x x x X X . ·ues (and Supporting Information Services): Potentially Significant 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 faciiity would occur or be accelerated? b) Does the project include recreationai 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 ATlON/TRAFFIC: 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 (Le., result in a substantiai increase in either the number of vehicle trips, the voiume to capacity ratio on roads, or congestion at intersections )? b) Exceed, either individuaiiy or cumuiatively, a levei 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 incompatibie 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 flVL a) UTILITIES AND SERVICE SYSTEMS. Would the project: Exceed wastewater treatment requirements of the Regional Water Quality Control Board? 9 Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact x X X X X X X X X X X Issues (and Supporting Information Services): 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 environmentai 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 landfiil 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? Potentially Significant Impact Less Than Significant With Mitigation Incorporated 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 beiow 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 Less Than Significant Impact No Impact . x X '" X X X X . X X X . e e e DRAFT ORDINANCE AN ORDINANCE AMENDING SECTIONS 15-05,020, 15-45.070, 15-45,080, 15c 46.030,15-46,040, AND ARTICLE 15-50 OF ZONING REGULATIONS OF THE CITY OF SARATOGA RELATING TO TREE REGULATIONS AND ADOP1JNG BY REFERENCE THE INTERNATIONAL SOCIETY OF ARBORICULTURE PRUNING STANDARDS (2001 EDITION) AND TREE VALUATION FORMuLA CONTAINED IN THE GUIDE FOR PLANT APPRAISAL (APRIL 2000 EDITION) THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section L Findings, The City Council finds and declares as follows: A The Planning Commission has conducted a public hearing to consider an amendment to the Zoning Regulations with respect to the City Code provisions relating to Tree Regulations and made a recommendation that the City Council amend the City's Tree Regulations, 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 tare. 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 CO.3,O, "Preserve the quality of the natural environment and the character of the City through appropriate regulation of site development," D, The procedures required by Government Code Sections 50022,1 through 50022,8 for adoption of the ISA Standards by reference have been satisfied as follows: (1) The title of the Tree Ordinance and the title of the ISA Standards to be adopted by reference have been read at a meeting ofthe City Council. (2) The Council subsequently scheduled a public meeting, notice of which was published in the local newspaper once a week for two successive weeks stating the time and place of the hearing; stating that copies of the ISA Standards being adopted are on file with the City Clerk and open to public inspection; and describing the purpose and subject matter of the ordinance, as required by the Government Code. 1 (3) A certified copy of the ISA Standards, which are adopted by reference, were on file in the Office of the City Clerk at least 15 days preceding the pubic hearing, . (4) The City Council held a public hearing on the Tree Ordinance land the ISA Standards adopted by reference in the Ordinance, ' (5) At least one copy ofthe ISA Standards adopted by reference, will be kept in the Office of the City Clerk for public inspection while the ordinance is in force, 'I' (6) Upon adoption, copies of the adopted ISA Standards will be available for purchase by the public in the Office of the City Clerk, at a cost not to exceed the actual cost of them to the City, Section 2. Adoption. Section 15-05,020 of the Saratoga City Code 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 rural 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, (e) To ensure that public and private lands ultimately are used for the purposes, which are most appropriate and most beneficial from 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 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. . 2 . . . (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, native, and other signilkant trees at all tÍlp.es, including, the 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, (íí) easements and their dimensions, (ííí) underground utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography, (víí) species, trunk diameter at breast height (DBH as defined in Section 15-50.020(g)) , canopy driplines, and locations of all heritage trees (as defined in Section 15-50,020(1), trees measuring at least ten (10) inches DBH, and all native trees measuring at least six (6) inches DBH, (viíí) areas of dense vegetation and (íx) riparian corridors. (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 Community Development Director. (3) Elevations of the proposed structures showing exterior materials, roof materiàls 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. (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 of any proposed replacement trees, the location and design of landscaped areas, types and quantities of landscape materials and ÍITÍgation systems, appropriate use of native plants 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 Community 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, 3 (12) A geotechnical clearance as defined in Section 15-06325 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 (as defined in Section 15-50,020 (1» 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 15-50.080, (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 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 proposed 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 in the Residential Design Handbook and as required by Section 15-45,055. 'I' . 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: 4 . . . (l) 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 species, trunk diameter breast height (DBH as defined in Section 15-50.020(g)), canopy driplines, and locations of aU heritage trees (as defined in Section 15-50.020(1), trees measuring at least ten (10) inches DBH, and all native trees measuring at least six (6) inches 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) ArcMtectural 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 of any proposed replacement trees, types and quantities of landscape plants and materials and irrigation systems, appropriate use of native plants, 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) Roof plans. (8) Such additional exhibits or information as may be required by the Community Development Director or the Planning Commission. All exMbits 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 sheers 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 roward rhe expense of noticing the public hearing as determined by the Community Development Director. 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. 5 (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 maximum extent feasible, it ,shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly ~cl ' (d) Colors of wall and roofing materials shall blend with the natural landscape and be nomeflective, (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, . 'I' Article 15-50 is amended to read: Article 15-50 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.ü70 Application for permit. 15,50.080 Determination on permit. 15,50,090 Development or improvement projects 15,50.110 Appeals No liability upon City 15,50.100 15-50,l20 Setback of new construction [¡-om existing trees, 15,50.130 Arborist Report . 6 . . . 15-50.140 Tree Preservation Plan 15-5-.150 Tree Fund 15-50.160 Enforcement 1550-170 Violations; penalties and remedies 15-50.180 Tree Companies Operating in the City 15-50-190 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, prevent 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 other land use standards and regulations, while at the same time recognizing the privileges 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 thé 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 the body having authority to approve or deny an application and includes the Planning Commission and the Community Development Director. (c) "Arborist Report" means a report prepared by a certified arborist and accepted by the Community Development Director containing specific information on the location, 7 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 may include an irrevocable letter of credit or cash, (e) "Canopy" or tree canopy means àll portions of the tree with foliage. As context requires, the term also describes the area inside the drip line. , (f) "Crown" means the portion of the tree above the trunk including the limbs, and foliage, (g) "DBH" means diameter at breast height, It is the diameter of a single stem trunk tree measured at four and one-half (4 Y2) 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 at four and one-half (4 \12) feet above the ground while standing on the high side of the tree, (h) "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, paving or installing impervious surface within the root zone of a protected tree, (i) "Destroy" means to cause the premature decline of tree health or life as evaluated and . determined by the City Arborist, U) "Dripline" means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline is the irregular shaped circle that follows the contour of the tree's branches as seen from overhead, (k) "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 (ISA) Pruning Standards (2001 Edition), grading, excavating, trenching, parking of vehicles, permanent or temporary storage of materials or equipment, or the construction of structures or other improvements within the root zone of a tree (1) "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, (m) "ISA Standards" means the 2001 Edition of the pruning standards and the April 2000 Tree Valuation Formula contained in the Guide for Plant Appraisal published by the International Society of Arboriculture, (n) "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 califomica), and Coast Redwood (Sequoia sempervirens). (0) "Oak" means any native oak tree of the Genus Quercus, regardless of size, This . definition shall not include oak trees planted, grown and held for sale by licensed 8 . . . nurseries or the fitst removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business, (p) "Project site" means the site of the proposed tree removal, pruning, or encroachment affecting a protected tree, (q) "Protected tree" has the meaning set forth in section 15-50.050. (r) "Pruning" means any and all work performed on or adversely affecting tJ;1e roots, branches or Hmbs of a protected tree, (s) "Remove" and "Removal" mean the physical removal or destruction of a tree or causing the death of a tree through damaging, pruning, encroaching or other 'direct or indirect action on the canopy or root zone, ' (t) "Root zone" means a specifically defined area commencing at the trunk and moving outward to form an irregularly shaped circle that follows the contour of the tree canopy and extending beyond the dripHne of the tree by five (S) feet or such greater distance determined by the City Arborist, (u) "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, (v) "Street tree" means any tree within the Public Street or right-of-way, (w) "Shrub" means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at maturity, The Community Development Director, after consultation with the City Arborist may determine whether any specific woody plant shall be considered a tree or a shrub. (x) "Structural Pruning" means pruning to maintain the size of lateral branches to less than three-fourths the diameter of the parent branch or trunk (y) "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 pÌanted, grown and held for sale by Hcensed nurseries or the first removal or transplanting of such trees pursuant to and as parr of the operation of a licensed nursery business, (z) "Tree fund" means a City-held monetaty account accounted for separately from other City funds. The express functions of the Tree fund are: (1) To receive and hold any fines, penalty assessments civil penalties, bonds or other remedial funds or sources of funds for violations of ArticlelS-SO of this code; (2) To receive and hold monetary valuations and payments for replacement trees pursuant to Section lS-SOJ60, as prescribed by the Community Development Director, or as a condition of development approval; and (3) To pay for new or replacement trees, their planting and maintenance, as detennined by the Community Development Director, on public properties, streets, easements and dedicated open spaces, (aa) "Tree Preservation Plan" means a detailed plan containing all protective measures to be implemented before, during, and, after any encroachment or other activity affecting one ot more protected trees including provision for future maintenance, to preserve and protect all trees to be retained on any project site. lS-50.030 Application of Article, 9 This Article shall apply to every owner of real properry within the Ciry, and to every person responsible for removing, damaging, pruning or encroaching upon a tree regardless of whether such person is engaged in a business for such purpose, . 15-50.040 Street trees, (a) Policies and standards. The Communiry Development 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 remove, damage, prune, or encroach upon, or cause to be removed, damaged, pruned, or encroached upon any protected tree, located on any private or public property in the City without first having obtained a tree removal, pruning or encroachment permit issued pursuant to this Article and authorizing the proposed action. A protected tree shall consist of any of the following: ' (a) Any native tree having a DBH of six (6) inches or greater (b) Any other tree having a DBH of ten (10) inches or greater, (c) Any street tree, as defined in Section 15-50.020(v), regardless of size. (d) Any heritage tree, as defined in Subsection 15-50.020(1) regardless of size. (e) Any tree required to be planted or retained as a condition of any approval granted under this Chapter or Chapter 14 of this Code, (f) Any tree required to be planted as a replacement, as provided Subsection 15-50.160 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 Public . 10 e e . Works Director, the Community Development Director, their designated representatives, or a Peace Officer, or the 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 upon one or more protected trees has been specifically authorized as part of any project ~pproval ' 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 criteria specified in sections 15-50,080 and 15- 50.130 have been met. Any protected tree authorized for removal, pruning or encroachment pursuant to such project approval shall not be removed, pruned 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, Application for a tree removal pruning or encroachment permit shall be made to the Community Development Director on such form as he or she may prescribe, The application shall contain the number and location of each tree to be removed, pruned or encroached upon, the type and approximate size of the tree, the reason for removal, pruning or encroachment and such additional information as the Director may require, The application shall be signed by the owner of the property upon which the tree is located and if the applicant is not the owner of said property shall include a statement that the owner consents to the activity described on the permit application. (b) Notice. Prior to acting on an application for a tree removal permit affecting one or more native trees, notice shall be given to property owners within 150 feet at the time of application, at least ten (J 0) days before a decision on the permit is made. For all other trees the Community Development Director or his or her designee shall inspect the tree proposed to be removed to determine if the tree has significance to an adjoining property owner, the neighborhood or the community. If it is determined in the best judgment of the Community Development Director that the tree has such significance, notice shall be given to all property owners within 150 feet ten (10) days before a decision on the permit is made. If the tree proposed to be removed is determined to not have such significance no notice shall be required before a decision on the permit is made. (c) Pruning Permit: A permit is required for structural pruning in excess of ISA Standards (the 200l Edition of which is hereby adopted by reference) 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 productive agricultural trees, 11 Notwithstanding the foregoing, a permit is required for the pruning of a protected tree the trunk of which is at least partially located on a neighboring property. . 15-50,080 Determination on permit. (a) Criteria, Each application for a tree removal pruning or encroachment 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 necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces 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 forestty practices, (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (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 info=ation relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in section 15-50.010. (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 sole expense of the applicant. At the discretion of the Community Development Director, City Arborist review may be required before any tree removal, pruning or encroachment pe=it is issued or before approval of a project involving the removal of, pruning of or encroachment upon one or more protected trees is granted. City Arborist review shall also be at the sole expense of the applicant, (c) Decision by Director. The Community Development Director shall render his or her 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 or the posting of a bond or security deposit in favor of the City to the Tree Fund. Any such tree replacement, relocation, fee payment, or bonding or security deposit 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 °/0 of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond or security '" . . 12 . . . deposit of at least five years designed to ensure long term maintenance of the affected or replacement trees. Security deposits or maintenance bonds required for protected trees or replacement trees in public or private development may, in the reasonable discretion of the Community Development Director, be refunded upon a determination that the project is in compliance with the City Arborist's requirements andJor Tree Preservation' Plan. In the case of violations of this Article or where replacement, restitution" or other remedy required pursuant to Section 15-50.160 cannot be made on the projec;t site, the.n 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, pruning of, or encroachment upon a protected tree, the City shall take into consideration the provisions of this Article in granting or denying the application. (b) Project approvaL Removal of, pruning of, or encroachment upon any protected trees pursuant to project approval granted under this Chapter or Chapters 14 or 16 of this Code shall meet the requirements of Section 15-50,130 and be evaluated according to the criteria in section 15-50,080, (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 pruning of or encroachment upon 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. Norwithstanding 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. Any permit issued pursuant to this Article shall take effect immediately upon the expiration of the appeal period specified in Article 15-90 of this Chapter unless the pemút is appealed, If the permit is appealed or a permit denial is appealed and the Planning Commission upholds the pemút or reverses the denial, the permit shall take effect immediately upon the decision of the Planning Commission, (b) Where 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 Article 15-90 of this Chapter. 13 15-50.110 No liability upon City. . Nothing in this Article shall be deemed to impose any liability ùpon 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 impervious 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. No parking, storing of vehicles, equipment or other materials shall be permitted within the drip line of any protected tree without special design consideration by the Community Development Director and the City Arborist 'I' 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 Communiry Development Director determines it is necessary. The Community Development Director may require any Arborist Report (or portion thereof) to be reviewed by the City Arborist. The Arborist Report and any review of it by the City Arborist required by the Communiry Development Director shall be at the sole expense of the applicant. . 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 by the Community Development Director ancl/or the Arborist Report for the project. (c) When a project has been subrrúttedfor 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 Community Development Director 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 Community Development Director. (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 14 e e . following: (I) 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 system installation, Other inspections may be conducted as required by the Community Development Director. 15-50.150 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(z), The Tree Fund shall be funded by those fines, penalties, and other remedial payments which may be assessed by courts or administratively imposed, including, but not limited to, those provided for in Chapter 3 of this Code for violations of this Article. In addition, payments required for replacement trees pursuant to Section 15-50.160, as prescribed by the Community Development Director, or as a condition of development approval, or from payments made from a security deposit or bond, shall be held in the Tree Fund and used to purchase new and replacement trees. The Community Development Director and the City A1:borist 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/s, The City Arborist shall calculate the value of the removed tree/s in accordance with the ISA Tree Valuation Formula contained in the April 2000 ISA Guide for Plant Appraisal, which is hereby adopted by reference. 15-50.160 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, applicable tree permit/s, Tree Preservation Plans, 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 any remaining activity approved by the City. 15-50.170 Violations; penalties and remedies, The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute public nuisance and a misdemeanor (unless in the discretion of the enforcing authority charged and prosecuted as an infraction pursuant to Section 3- 15 05.01O(b)), As either a public nuisance or a misdemeanor, the violation shall be 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) Requiring that the violator obtain a tree removal, pruning or encroachment permit for the previously conducted unlawful activity, including one or more of the following conditions as appropriate: ' (1) the violator shall replace each unlawfully removed tree with one o~ more ~ew 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 cost (as determined pursuant to the City Arborist's calculation of the value of the removed tree/s in accordance with the ISA Tree Valuation Formula adopted by reference), aesthetic and environmental quality, size, height, location, appearance and other characteristics of the unlawfully removed tree; or (2) where replacement trees cannot be accommodated on site according to good forestry practices, or cannot provide equivalent aesthetic or environmental quality of removed tree/s on site, the violator shall either plant replacement trees off site or make a cash payment to the City Tree Fund (based on the City Arborist's calculation of the value of the removed tree/s in accordance with the ¡SA Tree Valuation Formula adopted by reference), or any combination thereof, in accordance with the following: (A) 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 (B) To the extent that the planting of offsite replacement trees is required, the retail cost of such trees, as shown by documentary evidence satisfactory 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; or (3) Where the unlawful activity did not result in tree removal, but did result in tree damage, the violator shall enhance the condition of the remaining trees or portions of trees according to good forestry practices which in the opinion of the Communiry Development Director, will provide equivalent value in terms of damage to the tree(s), aesthetic and environmental quality, size, height, location, appearance and other characteristics of the unlawfully damaged tree; provide equivalent enhancement of the condition of trees off site or make a cash payment to the City Tree Fund (based on the City Arborist's calculation of the equivalent value of the unlawful damage to the tree, - 'I' . (b) Any person who is required to plant replacement trees pursuant to 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 tree/s, as determined by the City Arborist, Such person shall post a maintenance bond or security deposit in a form . l6 . . . 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. . (c) Payment (to the extent authorized by law and determined appropriate by the Community Development Director) of any criminal, civil, administrative, or other penalty or restitution order into the Tree Fund, (d) The violation of any provision contained in this Article during the conduq 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 issue~ to such' person, 15-50.180 Tree Companies Operating in the City Any business, which performs structural pruning or tree removal on protected trees in the City, must be in possession of a Saratoga business license, and must have an ISA Certified Arborist on staff, in a supervisoty position for the accomplishment of such work 15.50- 190 Possession of an Approved Tree Removal Permit Any person engaged in any conduct requiring a permit pursuant to this Article shall have in his or her possession a copy of the approved permit. Upon request of a Peace Officer, City of Saratoga Code Enforcement Officer or other City Official, the person engaging in the referenced conduct shall produce the approved permit, If the person cannot produce the approved permit, all 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. 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 _,2003, and was adopted by the following vote following a second reading on the _ day of _' 2003: 17 AYES: NOES: ABSENT: ABSTAIN: . NICK STREIT, MAYOR " ' ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY . . 18 . . . . NOTICE OF PROPOSED ORDINANCE ADOPTION Please take note that the City Council of the City of Saratoga will consider adopting the ordinance summarized below at its regularly schednled meeting commencing at 7:00 p.m. on October 15, 2003. ORDINANCE TITLE: AN ORDINANCE AMENDING SECTIONS 15-05.020, 15- 45.070, 15-45.080, 15-46.030, 15-46.040, AND ARTICLE 15-50 OF ZONING , REGULATIONS OF THE CITY OF SARATOGA RELATING TO TREE REGULATIONS AND ADOPTING BY REFERENCE THE INTERNATIONAL SOCIETY OF ARBORICULTURE PRUNING STANDARDS (2001 EDITION) AND TREE VALUATION FORMULA CONTAINED IN THE GUIDE FOR PLANT APPRAISAL (APRIL 2000 EDITION) ORDINANCE SUMMARY: The ordinance would amend four portions of the Saratoga Code to establish standards and procedures for the protection and preservation dfheritage, native, and other significant trees, The ordinance would amend Article 15-05 to clarify the that protection and preservation of certain trees is a purpose of the Saratoga zoning code. The ordinance would amend Article 15-45 to specify information related to tree protection and preservation that must be included with appJications for design review approval of single family homes and to require protection and preservation of certain trees as a condition of deign review approval for single family homes. The ordinance would amend Article 15- 46 to specify information related to tree protection and preservation that must be included with applications for design review approval of multi-family and commercial projects and to require consideration of certain trees in reviewing landscaping plans for such projects. The ordinance would amend Article 15-50 to: Specify that native trees (including Big Leaf Maple, Coast Redwood, and several species of oak), street trees, heritage trees designated as such by the City Council, trees planted to fi¡lfiJ] a permit requirement or as replacement trees for a prior tree removal, and trees larger than 10 inches in diameter at breast height are protected trees; Require a permit for removal, significant pruning (in excess of specified standards), or encroachment upon protected trees except in circumstances such as emergencies, some activities by public utilities, or where the removal, pruning, or encroachment has been otherwise approved by the City; Specify the requirements for permit applications, the procedures and notice requirements for such applications, the standards for evaluating such applications, and the process for appealing decisions of the Community Development Director on such applications; Require preparation of an arborist report including a tree preservation plan for development projects that would remove one or more protected trees and for other projects where deemed necessary by the Community Development Director; Adopt by reference the International Society of ArboricuJture Pruning Standards (200 I edition) and the tree valuation formula contained in the International Society of ArboricuJture Guide for PJant Appraisal (April 2000 edition) (a copy ofthese documents is available for review in the office of the City Clerk); , Establish a Tree Preservation Fund to hold monies and securities deposited with or paid to the City in connection with tree removals and to be used by the City to purchase new and, replacement trees; SpecifY that vioIation of the requirements of the article is a public nuisance and a misdemeanor subject to the penalties of the City Code and authorize the City to require that violators obtain a permit for the unlawful activity and comply with the conditions of that permit to mitigate the damage caused by the violation; Require any business performing tree pruning or removal in the City to have the appropriate removal or pruning permit in the possession of the person doing the at the time the work is performed and to have a Saratoga Business License and an ISA certified arborist on staff in a supervisory capacity; and Adopt various definitions of terms to implement the foregoing, The City Council introduced this ordinance, read the title, and waived a first reading at its meeting of September 18, 2003. A certified copy of the ordinance and the standards to be adopted by reference are available for public review during normal City business hours in the office of the City Clerk at 13777 Fruitvale Avenne. Attest:/s/Cathleen Boyer, City Clerk PUB: . e " e . . SARATOGA CITY COUNCIL AGENDA ITEM: '- ~ . CITY MANAGER: ~~ DEPTHEAD: ~ ~ MEETING DATE: September 17, 2003 ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone , I SUBJECT: Septic Abatement Program - Below Grade Septic Systems 'i' RECOMMENDED ACTION: Accept report and provide direction to staff. REPORT SUMMARY: Background: . The City Code requires properties served by septic systems to cormect to a public sewer system when the system is "available" and to perform the cormection pursuant to a schedule and certain conditions set forth in the code. The City has interpreted the word "available" to mean, among other things, that the residence in question lies above the grade of the sewer system so that the sewage can flow from the residence to the sewer system by gravity, This interpretation has been applied only to existing residences, New homes constructed below the grade of the public sewer system generally are required to install pump systems, ' The cormection requirement was interpreted to exempt below grade homes served by septic systems because it was believed that the cost of installing the storage tank, pump system, and piping necessary to convert [¡-om septic to sewer service would be prohibitively expensive, New information indicates, however, that the costs of conversion, while substantial, do not differ markedly [¡-om the costs of converting above grade systems, This is because a smaller diameter pipe via horizontal boring can be installed at a lower cost than the installation of a larger diameter gravity pipe especially when there is mature landscaping and/or other improvements present . Because the City has historically interpreted the City Code to exempt below grade systems from the septic conversion requirements, the City could amend the ordinance to state that a public sewer system shall not be considered "unavailable" if it is above the grade of the residence, Property Owner Notification: . At the February 5 City Council meeting, Council directed staff to contact the 19 propeJ,1y owners whose homes were identified as maintaining a septic system with a "below- grade" exemption status. After additional investigation, City staff discovered that two of these parcels were· recently connected to the public sewer system, one is a vacant parcel, and one was determined not to fall under the below grade exemption status. Per this updated ' information, the proposed new ordinance would affect 15 properties, see attached location map (Attachment 1), Staff contacted all affected property owners via majJ (Attachment 8) and invited them for individual meetings, Fourteen ofthe original 19 property owners responded aJ).d 10 of those met with staff. Staff informed the property owners of the proposed amendment to septic abatement ordinance and discussed the water quality issues in the City'and the City's desire to improve it Each property owner was encouraged to express his or her concerns regarding the issue, Written communications regarding specific concerns are attached (Attachments 2-5). Property Owner Concerns and Issues and Corresponding City Response: Almost all of the property owners raised concerns about the expenses of the sewer connection. Two property owners included cost estimates for the work on their property in the attached letters to the City, ' . Concern: Higher than average cost. Estimates provided by the property owners of 14535 Wild Oak Way fell in the range of $29,104 - $40,981 for the horizontal boring method (Exhibit B of Attachment 2), Also included in the letter is a cost estimate for trenching, which is even higher, Response: City staff requested a cost estimate at the property located at 14535 Wild Oak Way [¡-om an independent plumbing company, ML Rooter (Attachment 6). The estimate shows the cost for connection performed by horizontal drilling and pump installation to be between $24,750 and $30,905, The higher than average cost for this property is due to the long distance between the house and the sanitary sewer system in the street - . approximately 500 feet $8,200 is required for Cupertino Sanitary District hook-up fee, After further discussions with the West Valley Sanitation District, it was discovered that there is an existing sanitary sewer available within 50 ft ofrear of this property, The sanitary line is below the grade of the property, which will allow for a gravity connection. Therefore, this property is not exempt [¡-om the current ordinance, . · Concern: Higher than average cost An estimate in the amount of$63,000 was included in the letter from the property owner residing at 13570 Pierce Road (Attachment 3). Response: Half of the cost is due to a $30,000 annexation and connection fee to the Cupertino Sanitary District Initial discussions with Cupertino Sanitation District staff indicate the possibility that reductions and/or waivers of certain fees can be requested and forwarded to the District Board for consideration, ' Based on the 200 ft distance [¡-om the sanitary sewer main to the home and based on the estimate obtained by the City for 14535 Wild Oak Way the cost for the physical connection should be less $25,000, 'I' Concern: Damage to trees and landscaping, Response: It is very difficult to contain 100% ofthe impact of construction on an existing improved property, but with horizontal boring the impacts can be substantially reduced, Concern: Damage to other improvements, such as driveways, planters, retaining walls etc, Response: Same as above. · Concern: Reliability - pumping system not working due to power outage. Response: Storage tanks installed with the pump systems can be purchased with a capacity range from 3 to 14 days based on 5 persons a day @ 70 gallday, Concern: Maintenance required for the pumping system, Response: As with all equipment with moving parts, maintenance and replacement will be required over time. Septic systems also require ongoing maintenance, Concern: Existing septic tank is working properly and there is no need for change, Response: This concern was discussed during the Public Hearings in connection to the adoption of the Septic Abatement Ordinance and was determined to not be an overriding reason not to move forward with adoption of the ordinance, Concern: Lack of cost-benefit analysis, Response: Same as above, · Concern: Additional cost of electricity, maintenance, sanitation district fees, and increased taxes, Response: Same as above. Except for the nominal additional electricity cost, these costs are paid by a majority of Saratoga residents connected to the sanitation system, ' . Concern: Possible costs associated with backup in the house in case of system failure" Response: The same backflow prevention devices that are aVàilable for gravity flow systems can be installed in pumping systems, ' Concern: Overall disturbance and inconvenience during construction, possible difficulties with contractors, noise and dust Response: As with all construction projects these issues will occur to some degree, Concern: Difficulty in managing the project Response: Same as above, As directed by City Council, staff will assist the property owners with the change, Proposed Amendment to Septic Abatement Ordinance: A draft ordinance prepared by the City Attorney's office is attached (Attachment 7), If the City CounciJ wishes to consider adopting the ordinance staff will issue a notice for public hearing and place the matter on the next available agenda, . Staff mailed a letter (Attachment 9) notifying the affected property owners oftonigJ:¡t's meeting so they could address their concerns directly to the City Council. FISCAL IMPACTS: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting, CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTlON(S): N/A . e e e FOLLOW UP ACTIONS: If the City Council wishes to consider adopting the ordinance staff will issue a notice for public hearing and place the matter on the next available agenda, ATTACHMENTS: 1. Below Grade Property Location Map. 2, Letter from LG, Martire. 3. Letter [¡-om Bob Binkley, 4, Letter from Rollin E Buckman, 5, Letter [¡-om Mike Landgraf. 6, Cost Estimate [¡-om Mr. Rooter Plumbing, 7. Proposed Ordinance Amendment 8, Letter to Property Owners, 9, Notification of City Council Meeting. ATTACHMENT 1 SEPTIC ABATEMENT PROGRAM -- 15 properties within 200 feet from the public sewer system, pumping required for connection. 0T~~DbJ ,>~ N tj ~11~ ~II / ~ /g ~ - ~~ ~ : // ' . ~ ~ c ";¿I.I'~~~ D Y-' \ 'II '" ~. -1 :VI- -\. $ - l)i: t:::-... ,,' ~ ( U\~ ~\ ~ II. ~ ~ I. I ¡-r,Î TI~ " \~~:e~. ,j I~æd IE II "ç ~ "" ~I J,l, ',IIIII,,~ )SL ~ .'\~ (.:\ ffiHJ ~ ~ ,~"'.~ .~. '" ~rr~ 17L ~ ~Iµ; ~~; u~ U ""~. .,l" ..d jJ /" !:ì' 7' 1Jf~ --.. Þ,N~ e- "'/ I ~ ~ :N ~ ~ I( --==-~ Acr--d\)' -J ~ f1~ v- 'I ~~. ~ :); /.~V ~ ~ _ ~I \~. ~ø ~ :\;>'f NtH ~ '" 'A~~~ 3Ht ~ '^~" UiV~ , . 1'- ~' +< K l"c ./ >v "y- ~ :>("- "" "\ . 0!~ \&'\ ' ~ ".. ií ~, 1'::' ~ / <=. d" V ~ ~ ~~ :K~~ ~r --; n- --r- ~E \ - ""::S ¡: f'-- I-E ~ ~v '~~~~ ~~ lD~ ~ ~} -d > í(' \ 1-'1\~ -.I I H .Ji ~ 9 d ! }-¡ -I- 11 r.¡:. /€ ìì)[. - Y Ø'Î = - - . , é/.). ¡- ..(L "'I ; - ~= 41-' ! '\ ~ /~ \~ ~/ON(:7 ~þ\"\~- ~ \ \ ~ ~ I\~.r h /1 r\\l'/ H¡(\\ \~\ , I OJ' e e . L.J. Martire 14535 Wild Oak Way Saratoga, CA 95070 ATTACHMENT 2 September 3, 2003 FEDERAL EXPRESS City of Saratoga Attn: Ms, Iveta Harvancik, Associate Engineer 13777 Fruitvale Avenue Saratoga, CA 95070 I , SUBJECT: SARATOGA CITY COUNCIL MEETING '" Dear Ms. Harvancik, Your recent voicemail indicated that the Saratoga City Council will hold a public meeting on the proposed below grade septic system abatement ordinance on September 17, UnfortunateJy, I wjJ] be on the East Coast for business at the time and will not be able to attend and present my concerns, From our 8/28 meeting, I understand that John Cherbone will present the basic facts on this issue as well as the specifics relating to my property and the associated concerns, In addition, if protocol permits, I would like to send a letter stating my concerns and views to the City Council members, I would appreciate it if you could advise me as to whether the City Council members would accept, read and consider my letter in place of my in-person presentation. , Please let me know how best to proceed, B~Ilt ReSjrds '. , /71 c.~... L.l e Vice President Business Development CC: John Cherbone, Public Works Director Home: 408-867-7219 Mobile: 516-650-3498 Phone: 516-794-4500 exl. 4006 Fax: 516-794-4340 Email: lenm(ji)freaelec.com New York Office Mailing Address: Frequency Electronics, Inc. 55 Charles Lindbergh Blvd. Mitchel Field. NY 11553 L.J. Martire 14535 Wild Oak Way Saratoga, CA 95070 e September 3, 2003 FEDERAL EXPRESS City of Saratoga Attn: Ms. Iveta Harvancik, Associate Engineer 13777 Fruitvale Avenue Saratoga, CA 95070 SUBJECT: SEPTIC ABATEMENT PROGRAM REFERENCES: (1) Saratoga City Letter (6/25/03) (2) L. Martire Response (7/21/03) (3) Proposed Ordinance (Draft) (4) Meeting with lCherbone and L Harvancik (8/28/03) Dear Ms, Harvancik, I would like to thank you and John Cherbone for meeting with Shirley and myself on 8/28 to discuss our concern regarding the proposed Saratoga ordinance to eliminate the exemptions for _ below grade septic systems. ., 1.0. Subiect Property As 1 indicated to you, my house site (14535 Wild Oak Way) would require (approximately) 500 feet of sewer line to connect from the house to the public sewer line, This site is a "flag-lot" with a long driveway (approximately 300 feet long and l2 feet wide) leading to a [¡-ont-of-the-house courtyard and a side patio area, A minimum of 3 right angle turns would be required in any new sewer line connecting the house to the public sewer system, Both sides of the driveway are line with mature (8 to 10 foot tall) oleander bushes. The rront courtyard includes two fully mature oak trees along the proposed new sewer line path as well as other landscape plants and sprinklers, The driveway and courtyard are asphalt covered. The side patio is cement and brick covered and is separated [¡-om the courtyard by a redwood fence, The subject property borders on Wildcat Creek, I understand that this creek has not been tested for water quality and consequently no determination has been made as to its compliance with Federal water standards, Based on the site configuration and my understanding of the sewer connection options, I have a number of significant concerns relating to the installation and functionality of the contemplated sewer systems. These concerns include the following, . 2.0. Sewer System Options I understand that there are two alternate approaches for implementing a below grade sewer connection, · · · I, GravitylPumping - The gravity/pumping system utilizes two sections of gravity flow sewer lines connected by a pumping system, The gravity flow sewer lines are installed by open trenching. . 2. Horizontal Drilling/Pumping - The horizontal drilling/pumping uses a trenchless drilling technique for the sewer-line installation and a front end pressure pump to force waste to the public sewer system, 3.0. Collateral Damage , 3, L Sewer lines. Both approaches require 500ft of sewer line with clean out trapslboJí;es at least every 100ft, 3,]' 1. The gravity/pumping approach requires open trenching for the entire length, This would require a 2ft wide trench with depths varying from I ,5ft to 9ft This considerable excavation would resu1t in damage to the driveway, courtyard and patio areas. Additional damage is to be expected to landscaping, sprinklers, and fences in the area, A significant concern is the impact on the two mature oak trees in the courtyard area, The proposed sewer line trench would intrude on the trees' root area (drip line), The extent of damage to these trees cannot be forecasted, 'I' 3,1.2, The horizontal drilling/pumping approach does not require trenching and is therefore likely to cause less collateral damage, However, excavation will be required at the starting and ending points and at each of the 3 right angle turning points as well as at each of the 4 to 5 clean out traplbox locations, Therefore some damage is expected and repairs would be needed for the driveway, courtyard, side patio and associated landscaping and sprinklers. There is some additional concern as to the impact on the oak tree root system, 3.2. Pumping System, Both approaches would require pumping systems, These would be approximately the size of a 50 gallon drum and include an electric motor and pump, Two pumps are anticipated for enhanced reliability for either approach, The electric motors for the horizontal drj]]ing/pumping approach wouJd need to be significantJy larger than those for the gravity/pumping approach to overcome the line friction associated with the 500ft run and the 3 right angle turns, The excavation required for either approach is approximately a 4ft diameter hole with a 5ft depth, A suitable electrical hook up and control system needs to be provided, Again, some collateral damage is expected, Its severity will depend on the location of the pumping system relative to existing improvements. 3.3. Holding Tank The pumping systems by themselves do not have sufficient holding capacity to accommodate more than a fraction of one day's normal waste, Therefore, a separate holding tank is required for back-up waste storage. This holding tank is sized for the number of home occupants and the number of days protection is desired, For the subject home (4 bedrooms, 3,5 baths) a nominal occupancy of 5 people with a 50 gaBon per day waste water and 3 days protection requires 750 gallon (min) storage tank. For this analysis an 800 gallon tank is assumed, The size is (approx.) 8,5ft x 5ft x 3ft. Again, considerable excavation is required with associated collateral damage. 4.0. Reliabilitv The pumping system can fail for a variety of reasons, The pump impeller can jam due to foreign objects; the electric motor can fail due to overloads or normal wear out; the electric motor control float system can fail causing the motor to stay off or run continuously and therefore lead to premature motor failure. The contemplated dual pumping system will minimize the impact of such failures, Local electric power outages will render the system inoperable and totally dependent on the holding tank, The 500ft sewer line is subject to "normal" blockages. This is expected to be worse for the horizontal drilling/pumping approach since this utilizes a smaller diameter line (typically 1 5/8 to 2 inches vs, 4 inches) than the gravity/pumping approach, . An additional reliability factor should be noted as follows; Given the length of run (500ft) the number of clean and traps (4 to 5) and the variables elevation/depth of the traps, the pumping system and the holding tank, a line blockage could result in a raw sewage discharge ,on the surrounding' ground, ' 5.0. Costs 5,1. Gravity/Pumping System. The acquisition and installation costs for a gravity/pumping system for the subject site are estimated at $51,000 to $59,100, The de;tails of this estimate (and supporting contractor quotes) are presented in Exhibit A attached, This cost estimate was provided to you at our 8/28 meeting, Please note that this estimate is more than four times the estimate ($8,700 to $17,000) presented by the Public Works staff at the 4/23/02 Saratoga City Council Meeting, 5.2, Horizontal DrillinglPumping System, The acquisition and installation costs for a horizontal drilling/pumping system are estimated at $29,100 to $41,000. This estimate is not supported by a contractor quote since no horizontal drilling contractor could be located, The details of this estimate are presented in Exhibit B attached, (This estimate will be revised when a suitable contractor quote is received as discussed in Par 6.0,) Please note that this estimate is more than 2.5 times the estimate ($8,700 to $17,000) presented by . the Public Works staff at the 4/23/03 Saratoga City Council Meeting, 6.0. Saratoga City Assistance I understand that you or John plan to visit our site in the near future to evaluate the situation and consider alternatives, As part of this activity, I understand that you will contact one or more horizontal drilling contractors and have them provide an estimate to install the appropriate system, We appreciate this support and look forward to receiving the estimate along with any other comments or suggestions you might have, 7.0. Ordinance Compliance 7,1. We purchased the subject property in 1974 with the good faith understanding that the property was in full compliance with all Saratoga City ordinances, 7,2, In 2000, in an attempt to comply with a new Saratoga ordinance calling for the abatement of all septic systems, we expanded $1,627 as follows: (a) $600 for plot survey, The survey determined that there was insufficient grade to allow for a gravity sewer system, (b) $1,027 for septic system inspection, The inspection determined that the septic system was in good working order. (Both reports were submitted to the City of Saratoga.) 73. Now, in 2003, a new ordinance is being considered that would require a considerable additional . effort and cost for compliance. 8.0 Recommendations The following recommendations are offered with respect to the general issue of improving Saratoga water quality and the specific issue of septic system abatement. · 8, I. System Study, It is recommended that the City implement a comprehensive system study using water testing, sewer line inspections, genetic identification, dye marking, etc, to distinguish betw,een total coli forms, fecal coliforms and human coli forms and to better identify potentiál contamination sources, The region's basic ground water geology along with the maping of contamination test sites and their proximity to possible contamination sources would provide additional I insight as to meaningful mitigation actions, ' 8.2. Source Surveys, Potential contamination sources should be inspected/tested for confirmation of their contributions and the feasibility/cost of possible mitigation actions, '" 8.3. Cost/Benefits, A costlbenefit analysis plan should be formulated to rank possible contamination sites and corresponding mitigation actions, The intent should be to implement those mitigations that have the greatest expected benefit for the least cost. 8,4, Septic Systems. A significant reduction in the number of Saratoga septic systems still in operation has been achieved, The few remaining systems (19 below grade) should be evaluated on an individual basis with respect to their likely contamination contribution and abatement costs. This evaluation should consider; · (a) The operating condition of the septic system, (A properly functioning septic system is much more benign to the environment than a poorly functioning system,) (b) The proximity of the potential source to the identified contamination test site location, (c) The feasibility and cost to connect to a public sewer system, (Specific cost limits should be established at an affordable level. This limit could either be in absolute dollars or as a percentage of the property's assessed value,) (d) Where abatements are difficult or too costly, a "grandfather" provision should be allowed, (Such a provision is typically utilized in other community safety situations such as residential wood shake roofs and commercial buildings fire sprinkler systems,) 8,5, Legal Considerations, The draft proposed ordinance simply removes the "below grade" limitation, It does not provide for any exceptions, (Presumably, requests for exemptions would be considered through a variance procedure,) It is suggested that any such ordinance include the basic parameters for exceptions such as: a demonstrated contamination source; proximity to contaminated test sites; feasibility of implementation; cost limits; etc, This would allow each site to be evaluated and treated in an equitable manner. 9.0 Summary Weare concerned that the application of the proposed ordinance to our property (and perhaps others) would: · (a) Have minimal positive impact on Saratoga's measured water quality, (b) Have the potential for causing appreciable collateral damage, (c) Result in a less reliable waste disposal system, (d) Cost a significant amount of money to implement. Thank you for the opportunity to present my concerns. I sincerely hope that the responsibJe City officials will give serious consideration to the concerns and suggestions expressed herein, I look forward to future communications with you on this matter, Please keep me 'advised on this . septic abatement issue, I will make myself available for future discussions, if useful, consistent with our mutual availability. Please note: My current travel plans indicated that I will be out of Saratoga area until late October. Yau can reach Shirley at our home or me by mobile phone or at/through my New York office~ , Best Regards, ':iie 9ñ~ Vice President Business Development CC: John Cherbone, Public Works Director Home: 408-867-7219 Mobile: 516-650-3498 Phone: 516-794-4500 ex!. 4006 Fax: 516-794-4340 Em"il: lenm@freqelec.com New York Office Mailing Address: Frequency Electronics. Inc, 55 Charles Lindbergh Blvd Mitchel Field, NY 11553 . . e EXHIBIT A COST ESTIMATE: GRAVITYIPUMPING SYSTEM L Basic gravity/pumping system (attached) $37,777 2, Electrical connection $500 - $800 3, Dual pump configuration and controls $1,400 - $1,800 , 4. Holding tank (800 gal) and installation $1,800 - $2,700 I 5, Latera] connection to public sewer $300 - $700 '" 6, Decommission of septic tank $300 - $600 7, Repair patio $500 - $900 8, Repair driveway and courtyard $3,000 - $4,500 (500 x 2 = 1,000 square feet) 9, Repair fences and sprinklers $200 - $500 10, Replace landscape, plants, and bushes $500 - $2,000 I ] . Oak tree damage TBD e 12, Living accommodations (5 to 10 days) $1,500 - $3,000 ]3, City Permits TBD $47,777 - $55,277 14, Contingency @ 7% $3.344 - $3.869 Total: $51,121 - $59,146 e IX) on .... ~ C') on C')~ C '<1'''' ,.. -~ . 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EXHIBIT B COST ESTIMATE: HORIZONTAL DRILLlNGIPUMPING SYSTEM Total: e $15,000 - $20,000 $1,500 - $2,100 $2,500 - $3,500 'I' $4,500 - $6,000 $500 - $1,000 $1,800 - $2,700 $300 - $700 $300 - $600 $100 - $300 $500 - $1,000 $100 - $200 e $100 - $200 TBD TBD $27,200 - $38,300 $1.904 - $2.681 $29,104 - $40,981 1, Horizontal drilling and sewer pipe installation ($30 to $40 per ft) 2, Three right angle access points (excavation) ($500 to $700 each) 3, Clean out traps ($500 - $700 each) 4, Dual pump system and controls 5. Electrical connection 6, Holding tank (800 gal) and installation 7, Lateral connection to public sewers 8. Decommission of septic tank 9, Repair patio 10. Repair driveway and courtyard 11, Repair fences and sprinklers 12, Replace landscape, plants, and bushes ]3, Oak tree damage 14, City Permits 15, Contingency @ 7% e 13570 Pierce Road Saratoga, California ATTACHMENT 3 e August 29, 2003 Mr. John Cherbone Director of Public Works City of Saratoga 13 777 Fruitvale Avenue Saratoga, CA 95070 Re: Proposed modification of City sewer ordinance -~ 13570 Pierce Road, Saratoga Dear John: 'I' It was a pleasure meeting with you and Iveta Harvancik last month to discuss cormection of our subject home to the Cupertino Sanitary District (CSD) sanitary sewer system The purpose of this letter is to summarize our meeting and our concerns regarding the proposed sewer cormection ordinance and our situation, Our residence is in an upland area at elevation 550 on an 8,5-acre ranch property outside the boundaries of the CSD. Our property is not situated over a Santa Clara Valley Water District designated ground water basin, Our family, at times numbering six, has lived here since the early 1940's. Now, I am semi-retired, and live here with my wife, Linda. e We are very concerned about the cost of a sewer cormection. It is not affordable. The cost ofa sewer connection for our home is estimated as follows: 1. Annexation and cormection to CSD 2. Pump, wet well and installation 3. 200 lineal feet of 1 ,5-inch force main 4. Cut and replace AC paving, and overlay 5. Abandon septic disposal system 6. Engineering and contingencies Total $30,000. 8,000 6,000 10,000 2,000 7.000 $63,000 In addition to the high cost, we feel the proposed ordinance is unfair to us. It is unfair since we have an on-site wastewater disposal system that complies with the County regulations and is not polluting the surface or ground water: 1) Our on-site wastewater disposal system is in an ideal location more than two times the required one hundred-foot distance from the Calabazas Creek and its tributaries. 2) The system is properly maintained, with a routine pumping program and monitored for possible failures or violations. Performance of the system has been excellent, with no surfacing of effluent and no odors or other problems, . In addition to the above initial cormection cost, we are worried about the on-going armual cost during our retirement. Such costs include increased taxes and pumping power cost, Mr. John Cherbone August 29, 2003 Page 2 To summarize, and as expressed at our meeting, the major expense of connectiÌtg would have a severe adverse impact on our household finances, and in our case, does not make sense. We believe that the proposed City Ordinance is unfairly blanketing all properties, even those far [¡-om the creeks with excellent on-site systems. such as ours, that do not impact creek water quality, e I feel comfortable making the above observations because, as you undoubtedly know, as a Civil Engineer I have been actively designing and evaluating water and wastewater systems for my entire professional career: One of our specialties is the design of on-site wastewater disposal systems. e . ,/ e ATTACHMENT 4 To: Iveta Harvancik, Associate Engineer From: Rollin E Buckman 'teØ13 ¢ý03 Subject: Septic System Conversion At the close of our meeting Wednesday, July 9, you asked me to write 11 letter to you listing my objections to abandoning my septic system in order to connect to the sewer. , I . Heading this list is the obvious expense, Bl(t there are other equally substantive objections. First, conversion is unnecessary. The system has been functioning for many decades:I have owned this land since July 1954. The property was purchased from Anna and Mary O'Bannon who had owned it from circa 1930, The septic tank system has been functioning since then with the usual pumping. The drain field has lasted this long because it is in aIJuvial soiL The field is also four hundred feet [¡-om Saratoga Creek. I invited you to flush some dye down the line, You replied by saying it would be inconclusive, I have talked with a mining engineer about the use of a tracer. He suggested potassium as a tracer. To condemn properly functioning systems without more investigation does seem short-sighted, The shotgun method of condemnation is hardly a rational scientific approach. '" A second objection is the city's emotional posture. My system was functioning when actress Donna Reed (1921-1986) put her feet in the creek as stated by the mayor in his opening address while holding a June 10,1946, "Life" magazine. My children and my neighbor's children played in the creek, with no ill effects. Miss Reed lived to age 65. Wading in the creek was not the cause of her demise, The city has responded emotionally to the creek contamination issue and has placated complaints by vilIage busybody Don Whetstone. There needs to be further study rather than being obdurate and laying blame without proof , Lastly, I suspect a hidden agenda underlying al\ of this. The city stands to make considerable money by putting its imprimatur on a sewer hookup, . ~ ATTACHMENT 5 " July 28, 2003 e Iveta Harvancik City of Saratoga 13777 Fruitvale Ave Saratoga, CA95070 Dear Ms Harvancik, I am corresponding to document my view on the City of. Saratoga Septic Abatement Program, After our meeting on July 10,2003, you requested I record my issues and send my reply. ' The City of Saratoga evaluated our property location and provided a below grade exemption. Our existing septic system functions properly and is in very good condition. I am not in the position to pay for the proposed sewer connection. If the City of Saratoga desires the septic system be connected to the sewer system, the City of Saratoga will have to pay all the costs, Sincerely, e 13781 Pierce Rd. Saratoga, CA 95070 . e PLUMBING September 9, 2003 City of Saratoga Attn: Ivetta Harvancik 13777 Fruitvale Avenue Saratoga, California 95070 Dear Sir/Madam: \0" (~~ ø~'f\ ~l( If It J" ~ ~q;\ ATTACHMENT 6 , 'i' Please find below the proposal to install a new Environment One Duplex #2014 Pump station at the location of 14535 Wild Oak Way, Saratoga. Per our conversation, you requested the detailed list of items that needed to be done as well as a cost to peJiorm the work. The information is as follows: 1) A 230 Electrical volt will need to be installed near the new station (price not included in proposal) 2) Mr. Rooter will dig up old septic tank and pump out sewer and debris. 3) We will drill holes in bottom of old tank 4) We will backfill tank with dirt. (From the hole, we will need to install the new pump station) 5) We will install new duplex pump station 6) We will hook up incoming 4" sewer from the house 7) We will bore a 2" sewer from the street to the new tank, and hook up to the tank. 8) We will install new 4" connection from the property line to the manhole located in street per code required by the sanitary district. 9) We will detail area and clean up. e Please be aware, a hook-up fee will need to be paid before we can begin work. The hook-up fee will be approximately $8,200.00 per the Cupertino Sanitary District. (Please note the hook-up fee is not included in the price ofthis proposal). Once it is all connected, we will do several tests to insure proper operation. We will provide a five year guarantee against workmanship and the manufacturer will guarantee all materIals, As an additional note, the driveway is in poor condition. We will patch with gravel or asphalt as needed. All necessary cleanouts will be boxed and installed to ground level to code. This process will take approximately four days if we need to go into the street. If there is a stub out available at property line, it will take . 2179 Stone J1lvenue, #13 . San Jose, C.Jl 95125 (408) 271'2822 . :fax (408) 295-9603 . ·www.mn'ooter.com V~tV~1 '~V~ ~~.,w ...................................... .... ..-- .--- approximately 3 days, Please be aware, all permit fees, hook up fees, and bonds will be the owners responsibility. The cost to perform the work provided there is a hook-up at the property line Will be $23,750.00. If we need to enter into the street, the cost will be $29,905,00. A deposit of 200/0 will be required to obtain all special order materials needed. All work will be done in a neat and professional manner with aI/local plumbing codes strictly adhered to. Should you want to proceed with the proposal; please sign and return to our office, and we will schedule your service promptly.' e Thank you for choosing Mr. Rooter for all of your plumbing/sewer needs. If you have any questions or concerns, please feel free to contact me. We look folWard to serving you. Sincerely, Vernon Hall Owner SignaturefTitle Date: e . 2179 Stone A~'enuc, # 13 Sanjose. CA 95125 (4()8) 271-2822 Fax: (408) 295-9603 www.mrrootCf.CQm e . . ATTACHMENT 7 ORDINANCE AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING CONNECTIONS TO PUBLIC SANITARY SEWER THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A Despite the progress made by the City of Saratoga's ongoing water quality protection programs, fecal colifo= levels in Saratoga Creek and other waterways exceed ,national standards for the protection of human health and the environment. Even where waterways appear clear, tests have recorded fecal colifo= levels that pose a threat to human health. The risk to human health is heightened by the fact thatpeople--especially cbildren--may be attracted to unsafe water by its clean appearance. , , B, Reviews oflocal conditions and technical literature indicate that a probable source of contamination is subterranean flows [¡-om septic systems, C. The City Council has recently amended the Saratoga City Code to address contamination caused by septic systems. As amended, the Saratoga City Code reqmres persons owning property within the City to'connect to a public sewer if such a sewer is available within 200 feet of the property. However; the Saratoga City Code does not clarify whether a public sewer within 200 feet of a property is "available" if the property is below grade, Le., where any connection to a public sewer within 200 feet of the property would be required to carry sewage uphill. The City has concluded that a variety of factors now make it feasible to connect below-grade properties to public sewers. D. In order to c1arify that the public sewer connection reqmrements of the Saratoga City Code apply to below-grade properties, sections 2.1 and 2.2 of this ordinance amend the Saratoga City Code to clarify that a public sewer within 200 feet of a property shall not be considered unavailable solely because the property is below grade. Section 2 Amendments to the Saratoga City Code. The Saratoga City Code is amended as set forth below, Text mserted by this ordinance is indicated in bold, double-underlined font (examDI~; text deleted by this ordinance is indicated in strikeout font (exæJ1fJle). Text in standard font is lIDchanged by this ordinance. Section 2.1. Amendment to Requirement of Connection to Public Sanitary Sewer or InspecÜon of Private On-Site Sewage Disposal System Upon Transfer of Ownership of Property. Section 7"10.070 of the Saratoga City Code is hereby amended as follows: I Ordinance No. 7-10.070 Section Bll-13.2 is added concerning inspection of private on,-site sewage disposal system upon sale of property. e Section Bll-13.2 is added to the Code of the County of Santa Clara, to read as follows: , Section B11-13.2. Connection to Public Sanitary Sewer or Inspection ofFrivate On-Site Sewage Disposal System Upon Transfer of Ownership of Property , . (a) No person shaH transfer or convey more than fifty percent of the ownership interest in'any real property, residence, place of business, or other building, located within two hundred (200) feet of an available approved public sanitary sewer, and upon which a private on-site sewage disposal system exists, without first providing for connection to the approved public sanitary sewer to the satisfaction of the Health Officer, as a condition to close of escrow or transfer of ownership of the subject property. An approved public sanitary sewer shaH not be found to be unavailable solely because the public sanitary sewer or any portion oftbe connection to the public sanitary sewer is or would be at a higher elevation than tbe real propertY. residence. place ofbusiness or other building to be transferred or conveyed. (b) No person shall sell, transfer, or convey more than fifty percent of the . ownership interest in any real property, residence, place of business, or other building located in excess of two hundred (200) feet of an available approved public sanitary, upon which a private on-site sewage disposal system exists, without first obtaining an inspection of the sewage disposal system and written report summarizing the results of the inspection, An approved public sanitary sewer shaH not be found to be unavailable solely because the public sanitary sewer or any portion ofthe connection to tbe public sanitary sewer is or would be at a bigher elevation tban tbe real propertY, residence, place of business or other building to be transferred or conveyed. . (1) The inspection shaH be made for the purpose of determining, and the report of the inspector shall state, whether the private on-site sewage disposal system is operating in compliance with this Code. (2) The inspection shaH be conducted by a registered civil engineer or a registered environmental health specialist, or any other individual who is determined by the Health Officer to be qualified to perform such inspection. (3) The report of the inspection shall be submitted to the Health Officer as a condition to close of escrow or transfer of ownership of the subj ect property, . 2 Ordinance No. e . . Section 2.2. Amendment to Requirement of Connection to Public Sanitary Sewer. Section 7-10.080 of the Saratoga City Code is hereby amended as fo]]ows: 7-10.080 Section Bll-13.3 is added concerning requirement of connection to public sewer. Section Bll-13.3 is added to the Code of the County ofSaIita Clara, to read as ' fo]]ows: ' Section Bll-13.3. When Connection to Public Sanitary Sewer is Required. (a) The Health Officer shall order by notice in writing anyþerson owning or occupying property within the boundaries of the City from or upon which any sewage whatsoever is generated, which premises are not connected to an existing approved public sanitary sewer facility available within two hundred (200) feet of the boundary line of such property, to connect thereto or vacate or cause to be vacated such premises within a specified period of time, not to exceed 180 days. The notice shall also provide that, if the owner or occupant desires consideration by the Health Officer of an extension oftime to connect to the public sewer facility, the owner or occupant shall submit a written report summarizing the results of an inspection of the private system to the Health Officer. The inspection shall be for the purpose and conducted in the manner set forth in Section B 11- 13.2(b)(1) and (2) of the Code of the County of Santa Clara, as added by Section 7-10.070. Failure to submit the inspection report and request for extension or to' cause connection to the approved public sanitary sewer facility, within forty-five days of the date of notice, shall result in the City recording a Notice of Non- Compliance agaillst the property. An approved pubIJc sanitary sewer sball not be found to be unavailable solelv because tbe pubIJc sanitary sewer or any portion oftbe connection to tbe public sanitary Sewer is or would be at a bipher elevation than the real propertY, or any portion thereof, from which sewage is venerated. (b) The Health Officer, after receiving evidence from the owner or occupant, may declare and determine that the continued use of an existing on-site sewage disposal system is and could reasonably be expected to remain adequate for treatment and disposal of sewage for a period of time not to exceed five (5) years, without constituting a public nuisance by reason of the soil conditions, damage conditions, the degree of urban development in the area and the type and condition of the particular sewage disposal system in question. 3 Ordinance No. ( c) As a condition to the determination made under section (b), the owners of the property with reference to which such determination has been made, shan execute in writing in a fo= acceptable for recordation a covenant to: . (1) Cause connection to be made to the existing public sewer facilities within the time period deteIIDined by the Health Officer pursuant to' section (b), not to exceed five (5) years [¡-om the date of such determination, or upon demand of the Health Officer, whichever date comeS first, based upon a determination that one or more of the conditions recited in section (b) above have changed so that such existing sewage treatment and disposal constitutes a public nuisance. 'I (2) Notify any purchaser or transferee for consideration of any rights in and to such property of the existence of such a covenant and the perfo=ance or nonperfo=ance thereof prior to such purchase or transfer. (d) The five year maximum time period set forth in section (b) may be extended by the City Council only upon a determination of financial hardship. Section 3, Severance Clause. Each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub- .A paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, ... sub-paragraph, sentence, clause or phrase of this ordinance is 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. The City Clerk shall cause this ordinance or a summary thereofto 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 day of ,2002, and was adopted by the following vote following a second reading on the _ day of , 2002: AYES: NOES: ABSENT: e 4 Ordinance No. e e e ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY MAYOR, CITY OF SARATOGA, CALIFORNIA I ", 5 Ordinance No. ATTACHMENT 8 cgTI~Y( @fE ~~UJr@@£ . 13777 FRUlTVALE AVENUE· SARATOGA, CALIFORNIA 95070' (408) 8(>8-1200 June 25, 2003 ,COUNCIL MEMBERS, Evan Baker Stan Bogosian John Mehaffey Nick Streit Ann Waftonsmith Incorporated October 22, 1956 Homeowner Saratoga, CA 95070 Re: City of Saratoga Septic Abatement Program Dear Homeowner, As you are aware, the Saratoga City Council adopted a septic abatement ordinance requiring abandoning of septic systems and connecting all Saratoga homes to the available public sanitary sewer system. The sanitary sewer system is considered available if the sewer pipe is within 200 feet from a property line, legal right-of-way or easement exists, and existing grade allows gravity flow connection, The main purpose of the septic abatement ordinance is to improve the quality of underground and creek water in Saratoga, Ongoing testing of creek water indicates a high . level of certain types of bacteria, normally present in sewage, Septic tanks are. one of probable sources of creek water contamination. Abandonment of all septic tanks within the City limits would be an enormous step towards our target - clean creeks in Saratoga, The City records indicate that your property is within 200 feet from a sanitary sewer system, but existing grade does not allow gravity flow and pumping would be necessary, The City is taking this opportunity to contact each homeowner in the similar situation, when the property is within 200 feet [¡-om existing sewer system, but below grade. John Cherbone, Public Works Director, and myself, would like to meet with you to discuss the possibility of converting your property from septic to sewer system. Please call me at your earliest convenience at (408) 868-1274 to arrange the meeting. We do appreciate your understanding and, in return, we would like to discuss how the City could assist you in making the conversion happen, Please respond within two weeks, I am looking forward to hearing from you. Thank you, Very truly yours, r It-lW Iveta Harvancik ì Associate Engineer } . e e . ATTACHMENT 9 cgTI~~ @fE ~~~@®£ 13777FRUlTVALE AVENUE' SARATOGA, CALIFORNIA 95,07,0 . (4,08) 8138;12,0,0 Incorporated October 22, 1956 , COUNCIL MEMBERS: Evan Baker Stan Bogosian I John Mehaffey Nick Streit Ann Waltonsmith '" September 4, 2003 Property Owner Saratoga, CA 95070 Re: City of Saratoga Septìc Abatement Program Dear Property Owner, In June the City mailed you a letter regarding expansion of the Septic Abatement Program, A draft of the proposed City ordinance has been prepared requiring all below grade properties within 200 feet [¡-om existing sewer system to connect to the public sewer, Below grade means that existing grade does not allow for gravity flow and pumping to the public sewer would be necessary, , I would like to take this opportunity to thank the homeowners who contacted the City as requested in the referenced letter and met with John Cherbone and/or myself. Your issues and concerns wj]] be forwarded to the City Council. The subj ect of the proposed City ordinance is going to be discussed during the City Council meeting on September l7, 2003, starting at 7:00 p.m, Please feel [¡-ee to corne to the meeting and express your opinion and concerns, Please do not hesitate to call me at 868-1274 if you have any questions about this matter, I also can be reached at iharvancik@saratoga,ca,us, Thank you, Very truly yours, , U" :Å~ , ' ¡ if ' ¡Ii Iveta Harvancik \ Associate Engineer .~ . SARATOGA CITY COUNCIL MEETING DATE: September 17, 2003 & CITY MANAGER: V -./ ¿:::;::7 - DEPTHEAD: ?JON'-¡{)~~ AGENDA ITEM: ORIGINATING DEPT: Public Works "it-. Iveta Harvancik PREPARED BY: SUBJECT: Heritage Orchard Well and Irrigation Pumping System - Additional Funding Approval RECOMMENDED ACTION(S): Approve increase of $28,000 to the existing change order authority in connection to the contract with Maggiora Brothers Drilling, Inc, for additional scope of work on Heritage Orchard well and irrigation pumping system, . REPORT SUMMARY: Background . Last June the City Council approved award of construction contract to Maggiora Brothers Drilling, Inc. in the amount of $95,475 with a contract change order authority of $9,500 for construction of an irrigation well and pumping system in the Heritage Orchard, The well and pumping system are part of Phase I of the Heritage Orchard Improvements Project as described in Orchard Master Plan approved by the City Council in September 2001. Funding for the project is included in the adopted five-year Capital Improvement Plan Discussion The original predictions for water bearing layers in the orchard area were estimated to be at a depth of 300 feet or less, However, the test well drilled in August indicated that the production well needs to be 540 feet based on the test well and e-log data, Additionally, the sanitary seal around the upper part of the well, as dictated by the Santa Clara Valley Water District, is required to be 170 feet instead ofthe originally estimated 50 feet Attached is the original base bid summary in the amount of $95,475 and updated cost for the deeper well, All bid items that changed are shown on the original Base Bid Summary in the column on the right Items not required were deducted [¡-om the total amount The total increase for the project construction is $30,004, Staff feels confident that overall project budget in the amount of $275,000 for the Orchard improvements is sufficient to complete the project including the increased cost of the well along with the future costs for other orchard improvements including irrigation system installation and purchase and planting of new hit trees. Based on the cost of the irrigation work around· the t,Jew library it is anticipated that a savings will be realized when this work is done in the main portion. ofthe orchard. FISCAL IMPACTS: Additional $30,004 [¡-om the overall budget of $275,000 for the Orchard improvements approved by the Council will be allocated for construction of the production well and irrigation pumping system. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Maggiora Brothers Drilling, Inc, will drill the well per original contract and water supply for orchard trees and library landscaping might not be sufficient. ALTERNATIVE ACTION(S): None in addition to the above, FOLLOW UP ACTION(S): The contract amendment shall be executed and the contractor will proceed with the well construction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additionaL ATTACHMENTS: 1. Original Base Bid Summary 2, Revised cost of well construction, '~ . . . ". BID PROPOSAL · FOR CITY OF SARATOGA HERITAGE ORCHARD WELL AND IRRIGATION PUMPING SYSTEM BASE BID SUMMARY Item No. Quantity Unit Description Unit Price Total 1 1 LS Mobilize and demobilize $7,500.00 , 7,500.00 ? 2 300 FT Drill test bore - mud rotary drill $ 22.00 , 6,600.00 y 3 " 1 FT Drill additional test bore - mud rotary drill $ 25.00 ? 25.00 SI~SC 4 1 LS "E" log of test bore $1,500.00 , 1,500.00 .;> · 5 300 FT Abandon test bore $1,500.00 $ 1,500.00 (1\ Soo' 6 1 FT Abandon test bore - additional per foot $ 25-00 $ 25.00 (2i 7 30 FT Install 24" diameter conductor control casing $ 150.00 $ 4,500.00 8 310 FT Ream to 18" dia. - mud rotary drill $ 30.00 , 9,300.00 1,200 " 9 200 FT Blank well casing - installed ? 26.00 $ 5,200.00 21 "00 10 100 FT Well screen casing - installed , 45.00 S 4,500.00 b, ~OO ? 11 70 FT 2" dia, gravel fill pipe , 6.00 S 420.00 714- ? 12 250 FT Gravel enveiope -. installed ? 20.00 S 5,000.00 2 ,t¡.()O 13 50 FT Sanitary seal - installed ,:; 30.00 S 1,500.00 14 1 FT Sanitary seal - additional per foot - installed $ 40.00 s 40.00 '+,7&0 15 4 HR Air develop well $ 240.00 s 960.00 6 · ,----- ------ " , 16 1 HR Air develop well - additional hour $ 240.00 $ 240.00 ì20 ,Ii- 17 1 LS Install test pump $ 1,500.00$ 1,500.00 18 1 HR Test pump weJl $ 175.00$ 175.00 it22~ 19 1 LS Remove test pump $ 1,500.00$ 1,500.00 20 1 LS Submersible pump $ 8,000.00$ 8,0'00.00 - . 21 280 FT 4" Certalock pipe, sub cable $ 4,000.00$ 4,000:00 22 1 LS Mechanical Piping and concrete work $ 6,000.00$ 6,000.00 $ 6,000.00$ 6,000.00 " 23 1 LS Install submersible pump 24 1 LS Electrical works and VFD çontrol system $15,000.00$15,000.00 25 1 LS Well disinfection and Coliform test $ 750.00$ 75.0.00 26 1 HR Drill rig standby time rate $ 240.00$ 240.00 ( 2-!tO) 27 1 LS Disposal of Cuttings and Mud $ 2,500.00$ 2,500.00 . $ 1,000.00$ 1,000.00 28 1 LS Training 20¡ SC() TOTAL BID ITEMS $95,475.00 "',o~, Please see also Technical Specifications, page 55. Bidders must provide bids for all Bid items for this bid proposal to be considered responsive. Partial bid proposals will be considered non-responsive and will be rejected, The City will award the contract to the lowest responsible bidder complying with the instrUctions in the Notice Inviting Sealed Bids. The lowest bidder will be determined on the basis of the total of the Bid items. If the product of an estirhated quantity and unit price for an individual bid item does not equal the total amount bid for that bid item, the unit price shall govern and the corrected product shall be deemed to be the total amount bid for that bid item. If the sum of the individual item totals does not equal the total base bid, the individual item totals shall govern and the corrected sum shall be deemed to be the total base bid, The undersigned agrees, if this bid proposal is accepted by the City Council and if a contract for the performance of the work is entered into by and between the City of Saratoga and the undersigned, 7 . ~j --. --. ---- - . 0S/Ð812e03 88:27 11;583455358 ALBERS & ASSOCIATES PAGE 82 CIty of s.ratop U1:Inuy Well No.1 and IrrIgation Pump Systel1'l _TOOA......cœr e I~I .. :nl Doacrlption of Bid IteI1'l BldIIYd-.t1 TOTAL ] Un. ",Dab" ACTUALC08T 1 MobHIœ and Demobilize 1 EIICIr $ 7,500.00 Lump $ 7:5QO.OO 2 DrIll test bore . Mud ROffa)' Drill 3DO Feet S jl2.00 Pe, Foat $ 6,600.00 . 3 Additional Test SoRI- Mud RotnIry 21. Foot $ 25,00 ....I'oot S 11,375.00 . "E" log of Test Bore 1 ~ $ 1,5QO.00 Each '$ 1,500.00 S Abandon Test Bore JOO FIIOt $ 1,500,00 Llllisp '$ S Abandon Test Bore· Additional p9l' Foot 215 Fool $ 25.00_ Per Foot S 7 InstIll12..· Oia. Conductor Control Cusing 30 ... $ 4,500.00_"","", $ 4,500.00 II Rallm to 18" Dia, - Mud Rotrary Orin '10 FIÍo\ $ 30,00 Per Foot S , 8,500.00 , ø Blenk Well Casing . Installed ·10" DIA. -3ØO Feel $ 26.00 ..... FoOt $ 7,800,00 10 Wetl Sçreen Casing - Installed - 10' Cia. :lAG Feel $, 45.00 Per I'oot $ , 0,800.00 11 2" CIa. Gravel Fin Pipe. Installed 111 F"" 1/ 8.00 Per Foot $ 1,134.00 12 Gravel Envelope - Installed 3711 Foe! $ 20.00 hr I'oot $ 7.400.00 13 SlInltary Seal - Installed SO Feel $ 30,00 LUIllP $ 1,500.00 14 Sanitary Selll - Additional Feet In"tallad 120 Fcot $ 411.00 Per Foal S 4,800.00 1. Air Develop Well .. Hcur..ß 24Q.,w lump $ 960.00 16 Air Develop Well- Additional Hour 4 ..... $ 240.00 Lump $ 960.00 17 Install Test pump 1 !iIICIr $ 1,500.00 l_ $ , ,500.00 18 Test pump Well . Hour S 175.00 Per \kill, $ 1,"00.00 18 Remove Test Pump 1 Itech' $ 1,&00.00 _LI/IIIp $ 1,500.00 e 20 Subme"iþle Pump 1 EIItII S 8,000,00. Lump $ 8.000.00 21 4' CertslOC:k Pipa, Sub Gable 210 FIIIII $ 4.000.00 Lump $ 4,000.00 22 Mechanical piping and Conc:rate WorkS 1 ElICh $ 6,000.00 LUII\P $ 11,000.00 23 Insiall Submersible Pump 1 I;.ooh $ 6.000.00 LUmp $ 6,000.00 24 EleçJical Wom & VFO Control Sy~em 1 EMIl $ 15,000.00 Lump $ 15,000.00 25 Well Disinfection & CoNform Tes1 1 E1ICI> $ 750.00 Lump S 750,00 28 DrIll Rig Standby Time Rate ~ , 0 HooK $ 240.00 ""'r_r $ 27 DISPOSAL OF MUD CUTTINGS 1 Each $ 2.500.00 Lump $ 2,500.00 28 TAAINING 1 Each $ 1,000.00 LUMP $ 1,000.00 as GAMMA RAY LOG 1 Eecb $ 500.00 LUMP $ 500,00 TOTAL NET 81D IN DOLlARS DOLLARS $ 128,479.00 1/5103 ~ eornpletion Cost S 125.479.00 Amount OM!r bid $ 30,004.00 Pereent over bid 24% PUMP COST (ONL)') PORll0N OF BID $ 39,750.00 WELL CONSTRUCTION (ONlY) 01' 810 $ 55,725.00 Actual bid amount $ U¡47S.00 Involcad of 111103 $ 15,850.00 Less Jv....dlwJs $ 1,585.00 N.t ImIoIeo S 14,265.00 . 23 ApI12DO$ REV" ! ~ . . . SARATOGA CITY COUNCIL ~ MEETING DATE: September 17, 2003 AGENDA ITEM: CITY MANAGER: tV J¿;:::-:J( DEPTHEAD: ~~~ ORIGINATING DEPT: Public Works ¡,If-, PREPARED BY: Iveta Harvancik 'I' SUBJECT: Santa Clara Valley Transportation Authority Restroom Facílíty - Approval of Design RECOMMENDED ACTION(S): Approve design for the VTA Restroom Facility Project. REPORT SUMMARY: Background , In December of2002, the City of Saratoga and the Santa Clara Valley Transportation Authority (VT A) entered into a cooperative agreement concerning construction of a new bus driver restroom facility located at the West Valley College Transit Center near the corner of Fruitvale and AlIendale A venues, Per the agreement, the City is to provide proj ect management and inspections; VTA will pay all associated costs for the project up to $225,000, Two different potential sites were selected for the restroom building location, The final site will be selected based on the construction cost. At their regular meeting last May, the City Council approved a proposal [¡-om Bill Gould Design in the amount of $18,826 for architectural and engineering design services for the facility, In July, representatives ofVTA, West Valley College and the City met at the site with neighbors for the architect's presentation and discussed wall and roof materials, window locations, walkway to parking lot alternative, position of a light on the building, and landscaping, At the meeting the neighbors voiced their satisfaction with both design locations, however, they prefer that the operator's facility be located within the Transit Center (option A), Discussion Attached are architectural drawings for each site, Option A shows the facility located at the Transit Center and Option B shows the facility at the parking lot. , þ City staff recommends that Council approve both design options of the facility. After appro~al by , . the City Council and VTA, the City staff will solicit bids for both alternatives, Based on the bid results, one of the two options will be selected and the project construction phase will be initiated, The construction of the restroom facility is scheduled to be completed by the end 'of the year, FISCAL IMPACTS: Funding for this project will be provided entirely by the Santa Clara Valley Transportation Authority in the amount of$ 225,000; City costs are limited to staff time, CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The proposed design would not be approved at this time. ALTERNATIVE ACTION(S): Council provides additional comments, the drawings will be revised accordingly and the proposed design submitted for approval again at a future Council meeting, . FOLLOW UP ACTION(S): Staff will solicit bids for construction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: '1. Option A - facility located at the Transit Center 2, Option B - facility at the parking lot 3, Option B - view [¡-om across Allendale Avenue 4. Gable roof structure 5. Shed roof structure . ~ .. . , ~-< (I) ~ -0 w ~ "" ~ Q w ~ ~ ~ ; ~:;; n~ -< ;: ~;: ~ ~ ~ : .H~ L-- ::; o "'O¡: 8g:- ....(1)= ~W" «Ct:Œ (J)g ~ g;'~ iii >, . f .' I z< :5z 0.0 !!t ¡;¡o I . -¡ . I ¡ I .1 '!' !'11,i · ¡ ¡ I ! i I ¡ . ¡ , ~ 'I' ~ ~ =-< I ~ . ! . ;;; UI ", ::¡ '" ~ ° I --:- ç\I '" ~ <O~ . v "'0: lið z'" . . Q - 0..._ :5z ¡ ~ ~ ~en:! ¡II¡ ~ = wu 0.0 '" <0:< ~f '" " en<"- 000 ¡ ~ "' ¡ s: .1. Î ! ~ ~ i_I ¡ 1'1" · - ., "' . I ¡ I . ¡ ! ! ,I i ~ - . . . ~ ~ . ~' - -- ~ '" A"· Z~< /tl\ ø 0 L- '" ~ . ~, \ ::; ;¡;" 0 ~ --+ w , (jioç ",8w '" ~ ,i ~, . · Q u O~_ Za:a: u Ii 'g Ow" ~ ~ >--(J)~ i=...Jt; Q ! ~W¡; i· 0 % a:¡¡: L, ~~~ u ~ " J '" % "'~ ~~t) I ". C ~ . ¡-. wo ¡ !~ I~ í ~ ~ ~ ::E ~ I I i! ; '" C . ! ! ! ¡ . . ~ ~ ~f ~:':. ~,:':' I r-" ._~.. 'H::-~ ~'i //', ~'.¡ / " '.' -~ . / , I~ / ' " ~ j= ~-:'-= r-· { " .. " .. , · w~ a 5.::.'. g~,: ¡Jj~~.,. ~""~;r )$ ~J;k, ~J;;:; .~. 00., LL" riif' ; tt . · g ~ . ~ ~ ~ w 0 . N \ z_< , ~ In " ::; . ~ . " ~ ;:;; ~ . Ii 0 ~, ~g~ , "'O¡: ! w ~ í: "", ... º~~ Q ~ I: ~~~ '~~ - y ~. ~wo Q w ¡> ~w~ ,Ii ¡ it"'::> ~ ~ <n'" J J -. ~ I ","'"- ...Ja:t;) " "'g ~~ 0 y ¡¡J ¡ Wo ¡ ¡1¡I,i ¡ ~ ~ ¡ ~ ~ E- ¡ j ~ . i ¡ 1 ~! ¡ ¡ 1 ) ~ ~ , " '" ~ ~ ~ ~ 'I --~--_..- ------ , -----~-~~-- :_=----,~~- 4" I~·===-·~·-=-(· - >~-~..-.....-,..---... ;o'='¡ ~.~---:~-, :-;~-:.;-;.,,:,- :.:_,~-=~-==:.:-:::~."~-~.;~~~:~ =-- --;. ........ --"~.- ._--_.-'".~._.,,~.-- Ll:-- ~~"'-'-~~-';"'_.:"""_=:~~-~J~~~~~"""""é_~= ~ ~ - - =.==-~===---- ;~-'~;;~~::~_:~:':--~7~~~;~~--~>-_~~ - - -,. -. .._-.__.,==-"~--=- =~---.~=,=~- ~.- --~ ~ U~ _ = ----=-=-.::-.=- ~~ .. c·,...,..".~,J~ -~~----- -~ --- ... ,=<.=.,.=.'=. ~"-~=-- .~~~ f\:>:Ëj" ~.== .-..''''":'".;.. -,. I ',J. o ~ æ co· ø ã ~ .- ~ ~ " ~ ~ . N \ . e . SARA TOGA CITY COUNCIL i EXECUTIVE SUMMARY NO. AGENDA ITEM CITY MANAGER: &~~/ MEETING DATE: September 17, 2003 ORIGINATING DEPT: City Attorney PREPARED BY: Richard 1aylor SUBJECT: Amended Scope for Vacation of George Whalen Way RECOMMENDED ACTION: Approve resolution amending the City Council's prior vacation of George Whalen Way to preserve a portion of the public right-of-way for utility services. REPORT SUMMARY: At its November 6, 2002 meeting the City Council approved a resolution vacating all public rights-of-way (including the public utility right-of-way) in George Whalen Way. Although the vacation has not yet taken effect pending satisfaction of certain conditions San Jose Water has already taken steps to abandon the George Whalen Way water line in place and to replace it with a new water line in a different location. Staff was recently made aware that it would be prudent to retain a small portion of the public utmty right of way in George Whalen Way to facilitate connection between the new water line and the parcel upon which the Fire Station is to be constructed. Since the vacation has not yet taken effect, staff recommends that the Council amend the vacation resolution to retain a public utility right-of-way over the portion of George Whalen Way shown on the attached diagram. ALTERNATIVES: The City Council could leave the vacation resolution unamended. This would require the Fire District and San Jose Water to independently acquire right-of- way in a location that allows connection of the property to the new water main. I ) / FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: - '" Resolution Amending the Vacation of George Whalen Way . . 2 . . . RESOLUTION NO. AMENDED RESOLUTION OF THE CITY COUNCIL OF SARA TOGA VACATING GEORGE WHALEN WAY BETWEEN' SARATOGA AVENUE AND SARATOGA-LOS GATOSROAD WHEREAS, as a result of a conaborative planning process and to accommodate the design of a proposed new fire station, the Saratoga Fire Protection District has requested that the City of Saratoga vacate the alley known as George Whalen Way which is located behind the existing fire station and between Saratoga Avenue and Saratoga-Los Gatos Road and is shown on Attachment A to this Resolution; and WHEREAS, the Saratoga Fire Protection District has completed a Mitigated Negative Declaration regarding the new fire station including the proposed vacation of George Whalen Way and concluded that it will have no unavoidable significant adverse impacts; and WHEREAS, the City Council on August 7, 2002 requested that the Planning Commission report to the City Council on the proposed vacation's confonnity with the City of Saratoga General Plan and no report has been filed; and WHEREAS, on September 18, 2002 the City Council directed the City Clerk to pubJish and post notices of the proposed vacation and a pubJic hearing to consider the proposed vacation; and WHEREAS, on October 16, 2002 the City Council held and continued a public hearing to and November 6, 2002 at which an members of the pubJic had the opportunity to be heard and to present evidence and considered additional facts and further pubJic testimony at a public meeting held September 17,2003; and WHEREAS, the City Counci] has considered all public testimony, the Mitigated Negative Declaration, the report of the City Traffic Engineer, and an materials presented by staff. Resolution No. Page 1 of5 THEREFORE, BE IT RESOLVED that the City Council hereby: . l. Finds and detennines that George Whalen Way (also referenced herein as the alley) is unnecessary for present or prospective public use because: , A. The alley is currently used for access to a Post Office drop box and for access to parking for the Post Office and Fire Station buildings. The' revised circulation plan will provide access to a Post Office drop box and parking for the two buildings. Maintaining the alley would not provide any material public benefit that will not be obtained by the new circulation plan. 01' B. The revised circulation plan would provide several safety advantages over the existing plan by (l) eliminating the possibility that traffic delays at the drop box could lead to backups on Saratoga Avenue; (2) eliminating a conflicting turning movement immediately adjacent to the Fire Station driveway; and (3) moving driveway operations away from the signalized Saratoga Avenue/Saratoga-Los Gatos road intersection. C. The City has no pJans for expanded use of the alley in the future. D. The alley does not meet the City's existing standards for public roadways and would not be accepted if offered for dedication today. . 2. Finds and detennines that George Whalen Way is not useful as a nonmotorized transportation facility because it is not in a location that would benefit from a pedestrian, equestrian, or bicycle path. Equestrian USeS in the area would be unsafe and the project includes easements for bicycle and pedestrian passage along the Saratoga-Los Gatos Road and Saratoga Avenue frontages of the Fire District property. The location of these easements is better integrated with the overall pedestrian and bicycle circulation plan than would be a pedestrian or bike path along the alley. 3. Finds and detennines that the public necessity and convenience require removal or abandonment in place of all public utility facilities located within George Whalen Way because: Resolution No. Page 2 of 5 . . . . A. The rear portion of the new fire station must be located in the right-of-way in order to retain the 59 foot apron for off-street turning movements. This design element will have important public safety benefits by reducing the possibility of accidents on Saratoga A venue and improving traffic circulation at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. ' B. The rear portion of the new fire station must be located in the rig~t-of-way in order to reduce the appearance of the structure's bulk and mass in accordance with the City's zoning code. C. The rear portion of the new fire station must be located in the right-of-way in order to improve the line of sight at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road, D. The fire station is a public use that is of vital importance to providing adequate fire protection to Saratoga residents. The location of the Fire Station is an important component in ensuring adequate response time to fire and other emergencies in the City. 4, Finds and determines that it has considered the Mitigated Negative Declaration for the project as required by the California Environmental Quality Act. 5. Finds and determines that the vacation conforms to the City of Saratoga General Plan in that the vacation will improve traffic circulation and allow development of the proposed Fire Station including ten new public parking spaces and bicycle and pedestrian easements as specified in Exhibit A to the resolution approving the Design Review, Conditional Use Permit and Lot Line Adjustment consistent with and in furtherance of the following General Plan Goals and Policies: . Policy CI.7,Oa Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities and the land transfer and accompanying dedication to public use often parking spaces will minimize existing intrusions into adjacent neighborhoods by providing Resolution No. Page 3 of 5 ¡ new public parking spaces controlled by the City of Saratoga. - · CI.5.15 Require the provision of secure bicycle parking as parr of all future development projects that include multi-family residential, commercial, industrial, office, and institutional uses. Finding: The proposed , development will meet all required parking standards in the zoning , ordinance including bicycle parking and locker room facilities 'the land transfer and easement acquisitiol1 and will enhance opportunities for bicycle access by providing easements for bicycle use. '" · CI.5.19 Encourage non-residential development projects to include amenities such as showers and lockers for employees to further encourage bicycling as an alternative to automobile use. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities and the land transfer and easement acquisition will enhance opportunities for bicycle access by providing easements for bicycle use. · Safety Element Goal 4.0 To reduce the danger of property damage and loss of life due to fire in both urban and rural areas of the City. Finding: The vacation and property transfer will allow development of a fire station A design with a front apron of sufficient size to avoid safety problems . associated with fire trucks backing in to the Fire Station and with a sufficient setback from the intersection of Saratoga Avenue and Saratoga- Los Gatos A venue to minimize the bulk of the structure and improve line- of-sight at the intersection. · CI.5.6 Provide Safe and direct pedestrian routes and bikeways between and through residential areas linking transit centers and important community centers such as the village center. Finding: The proposed development wilJ include clear pedestrian zones and a plaza entry and the land transfer and easement acquisition will enhance opportunities for pedestrian and bicycle access by providing easements for pedestrian and bicycle use. 6. Terminates and abandons in its entirety the public right-of-way known as George Whalen Way and shown on Exhibit A hereto with the exception of the public Resolution No. Page 4 of5 e , . utility right-of-way shown on Exhibit B hereto upon the occurrence of all of the following conditions: ' A. Issuance of a demolition pennÍt for the existing fire station; B. Agreement by the Applicant to hold City hannless from all costs and expenses, including attorney's fees, incurred by the City or held to be the . liability of City in connection with City's defense of its actions in' any proceeding brought by any third party in any State or Federal Court, challenging the City's action with respect to the vacation of George Whalen Way. 7. The City Clerk is directed to record a certified copy of this Resolution, attested by the Clerk under seal, in the office of the Santa Clara County Recorder upon the satisfaction of the conditions set forth in section 6, above. 8. This resolution amends and supercedes Resolution 02-080 adopted by the Saratoga City Council on November 6, 2002. PASSED AND ADOPTED by the City Council of the City of . Saratoga, State of California, this _ day of ,2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN : . Mayor ATTEST: City Clerk Attachments Attachment A: Attachment B: Map showing George Whalen Way Diagram showing location of public utility right-of-way not vacated. Resolution No. Page 5 of5 ---..- e , , "7",-: ..=.. ...... ï':~;":~o;"" \--\.. . f;:'~': "uuu'~~'~::'_-:::;:"~';~~>::;:'~""'] . J ¥-.-t '\". ~.~ ., \ ~./ '. ..-; ~'-'7' \ ~,; ,.J _ ' . , ",/ / A ..' }.--' . '\ \ \..... .."...... , \ "\~',.-' ../;: ....~...:. I \ . \ \ .\- L.~~.! ....t;../\J€. /" ~ I ,. \ . ......\: 1 ...~.. ·€N~ _ . .4= " "..' ,'-' ---"', "/., : '.. < . '."'" .J-.... ^_~.. '/.' ~ ! ¡ \ \" J-'--ÕG~"" ( ..,.. r i I \_-'-"-'-'-s~í\RÞ-í ,r'-;Q~~,. ¡ . , .-.......J Y' '__. 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' '" ..' ~--'" -·c. ^ , ~ ....l~.."........"""" """='~~"'~W~='<'m-"""~Y>~"",.........~ '" . e >r. . . . SARATOGA CITY COUNCIL C1 Ý -:J ¿;:7 MEETING DATE: September 17, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: Cathleen Boyer. City Clerk SUBJECT: City/School Relations AdHoc Committee RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: The City of Saratoga is served by seven public school districts and two private schools, which are located in Saratoga. 50% of Saratoga students attend school within Saratoga U!Úon School District & Los Gatos-Saratoga Joint Union High School District the other 50% are spread throughout the other 5 districts, To bring unification and communication between districts the City Council has tried numerous times to hold meetings with all school officials that serve the City of Saratoga to discuss such items as safety, traffic, construction projects, etc. In February 2003 the City Council held a retreat to discuss various subjects. One of those discussions evolved around forming a special Schools Commission, The City Council discussed the idea and the consensus was that forming one more formal City commission was not realistic. In the last couple of years the City Council has had tremendous success forming Ad Hoc Committees consisting of two Councilmembers and à staff liaison to tackle various issues. In an effort to improve the communications between the seven school district and 13 private schools a City School Relations AdHoc Committee could be formed. The Ad Hoc Committee would meet with the superintendents and school board presidents of each of the public school districts and representatives of private schools serving the City of Saratoga to establish communications and institute a dialogue on issues of mutual importance. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENT: . " . None . . e . . SARATOGA CITY COUNCIL \0 ORIGINATING DEPT: Public Works CITY MANAGER: 0 J ~/ PREPARED BY: Cary BIOOmqUistØ DEPT HEAD: ~~_ MEETING DATE: September 17, 2003 AGENDA ITEM: SUBJECT: DeAnza / UPRR / PG&E Easement Trail-Noticing Options '" RECOMMENDED ACTION(S): Receive report and provide direction to staff. REPORT SUMMARY: Recently, the mayor requested staff to list noticing options for the October 1, 2003 DeAnza I UPRR / PG & E Easement Trail Public Meeting. Listed below are several pos~ible noticing alternatives; Type of Notice: City Council Agenda Posting City Website Newspaper: · Editorial · Full page advertisement Direct Mailer: · Adjacent Property Owner · City Standard (300 feet) · City Wide Cost: Staff time only Demographic: General Public / limited exposure General Public / Enhanced but limited exposure Staff time only Free General PublicI High exposure Approx. $1,157 General Public / Higher exposure $45(Plus staff time) Local Residents / lowest exposure $115(Plus stafftime) Local Residents I low exposure $3,000 General Public / Highest Exposure In general, the greater the exposure, the larger the number of individuals who will be aware of the A meeting and possibly attend. Costs to advertise the public meeting increase 'as exposure .. increases (as listed in the above table). FISCAL IMPACTS: Cost offull page newspaper advertisement: Approx. $1,157 Cost of Direct Mailers: · Adjacent Property Owner: · City Standard: · City Wide: $45 $115 $3,000 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): None, FOLLOW UP ACTION(S): Depending upon Council direction, will execute one, or a combination of more than one, of the e above listed options, ADVERTISING, NOTICING AND PUBLIC CONTACT: See above. ATTACHMENTS: None. . . e . SARATOGA CITY COUNCIL MEETING DATE: September 17, 2003 t l CITY MANAGER: &-.:7~ ~~ AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: Cary Bloomquist0 DEPT HEAD: 'I' SUBJECT: Saratoga Retirement Community Trail Easement RECOMMENDED ACTION(S): Receive report and provide direction to staff REPORT SUMMARY: While in the process of updating the Open Space Element of the City's General Plan, staff discovered a possible trail linkage near the Odd Fellows Retirement Community, wþich was not previously identified, This past May 2003 the City met with staff ftom Retirement Services LLC, the contracted developer at the Odd Fellows Property, to discuss the feasibility of developing a possible trail linkage running through the Odd Fellows Property that would connect San Marcos Road and Crisp Avenue (Attachment A, page 2), During their June~August 2003 regular meetings, the Trails Subcommittee explored the potential to develop this trail. Subsequently, the issue was forwarded to the Parks and Recreation Commission, who formally gave their support to explore the development of the trail at their July 2003 regular meeting (Attachment A, pages 1-3), In order to proceed further, the Parks and Recreation Commission is requesting direction [¡-om City Council on how to proceed. If City Council authorizes efforts to acquire this proposed trail, the next step is to prepare a proposal to the Saratoga Retirement Community Board, The Retirement Board has not expressed their position on the trail and will not do so until a proposal is received [¡-om the City, The Board would then decide if they were interested in granting an easement for development of the trail. FISCAL IMP ACTS: None at this time f . CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S): Potential trail site will not be developed. ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): Draft a proposal to the Saratoga Retirement Community Board regarding traiJ easement development. ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Attachment A - Memorandums rrom Parks and Recreation Commission and Trails Subcommittee, . . ..... "~. '/' · · · ATTACHMENT A 1 AUS 0 . !5 <003 ". MEMORANPUM To: SaIatoga City Council From: Sandra Podge, Chair, Parks and Recreation Commission Logan DewIer, Chair, Trails Subcommittee Date: July 19, 2003 RE: Proposed Trail within SaIatoga Retirement Community In the City's ongoing effort to create a pedestrian friendly community, the Parks and Recreation Commission's Trails Subcommittee is 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. ill order to explore the feasibility of this proposal, the PRC is requesting authoriz.ation from City Council to proceed with efforts to acquire a trail through the property, If City Council authorizes efforts to acquire this trail, the ne:><i: step is to prepare a proposal to submit to the Saratoga Retirement Community Board, The Board would need to approve any additional efforts in this process, The attached map depicts a draft trail location, The project site plan has been overlaid with a trail linkage from San Marcos Avenue to Crisp Avenue, Much of the iTaj] traverses the private open space area of the Saratoga Retirement Community, which is presently under construction. At this time, the Parks and Recreation Commission is requesting direction from City Council on pursuing the matter of trail acquisition through Saratoga Retirement Community, I I I I I / ______ I I SARATOGA RETIREMENT COMMUNITY PROPOSED TRAIL LOCATION JULY 15, 2003 tj--"--' ~ I RD. \~ r ARCOS y ) ---- - ~ -"CLE / ~ ~ t'j 0° G ~~ (;<v 0-t 0«'<" (ý~ 0« ------ \ yJ ^ . . . ©TI~~ @fÇ ~~~@@£ 3 13777 FRUITVALE AVENUE· SARATOGA, CALIFORNIA 95070 . (408) 868-1200 , COUNCIL MEMBERS: Incorporated October 22) 1956 Stan Bogosian Kathleen King Norman Kline Nick Streit Ann Waltonsmith '" MEMORANDUM To: Saratoga City Council From; Logan Deimler, Chair, Trails Sub-Committee Date: July 15, 2003 RE: Proposed Trail within Saratoga Retirement Community In the City's ongoing effort to create a pedestrian friendly community, the Trails Sub-Committee is 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 Trails Sub-COIµmittee is requesting authorization from City Council to proceed with efforts to acquire a trail through the property. If City Council authorizes efforts to acquire this trail, the next step is to prepare a proposal to submit to the Saratoga Retirement Community Board, The Board would need to approve any additional efforts in this process, The attached map depicts a draft trail location. The project site plan has been overlain with a trail linkage from San Marcos Avenue to Crisp Avenue, Much of the trail traverses the private open space area of the Saratoga Retirement Community, which is presently under construction. At this point in time, the Trails Sub-Committee is requesting direction from City Council on pursuing the matter of trail acquisition through Saratoga Retirement Community, Prinjpo nn r"'r.vr.lpr n~n""r . e . SARATOGA CITY COUNCIL \2 MEETING DATE: September 17, 2003 AGENDA ITEM: ORIGINA TING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: C/ffJ-W-..( .' DEPT HEAD: Cathleen ~er. City Clerk SUBJECT: Discussion of Policy Issues Regarding Personal Services and Considerations of Adopting a Proposed Ordinance to Establish a Prohibition of Personal Service Businesses on the First Floor Street Frontage in the Village '" RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: The Town of Los Gatos recently adopted an interim urgency ordinance prohibiting the approval of applications for personal service businesses in business districts (Attachment A). In light of this decision Mayor Streit felt this issue was important to bring before the Council to discuss whether or not the Council wanted to consider a similar urgency ordinance in the Village. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Depending on Council's direction to staff: 1. No follow up, 2. Begin the process to initiate an Urgency Ordinance prohibiting personal service businesses on the first floor street frontage on the Village, ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Town of Los Gatos Staff Report - August 29, 2003 SEP-11~2003 THU 07:30 AM TOWN OF LOS GATOS FAX NO. 4083548431 P. 06/09 . , MEETING DATE: 9/(}2I03 ITEM NO. 11 . COUNCIL AGENDA REPO~T DATE: . August 29, 2003 SUBJBCT: MAYOR AND TOWN COUNCIL DEBRA J, FIGONE, TOWN MANAGE~~~~ DTSCUSS10N OF POLICY ISSUES REGARDING PERSONAL SERVICF~<¡ IN C-2 ZONE AND CONSIDERATION OF ADOPTING A PROPOSBJ¡>' URGENCY ORDINANCE TO ESTABLTSHA TEMPORARYPROHlBfrrON ON PERSONAL SERVICE BUSINESSES LOCATING ON THE GROUND FLOOR IN THE C-2 CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE, TO: . FROM: RECOMMBNDATrON: A, That the Council discuss the issue of Personal Service Businesses in the C-2 zoning distriçt and direct staff to study the issue and develop recommendations rcgardingpoten(il\l chang¡js to the C-2 zoning regulations, and; . e B. Should the Council find that allowing new Personal Service Businesses in the C-2.zone may negatively impact the land use mix in the Central Business District and be in conflict with the zoning ordinance that the Town is considering, then the Council should: a, Detemline if pending applications for Personal Service uses on the ground floor shotllfl cOntinued to be processed for ¡¡Pproval or if they should fall under the temporary prohibition (see item # 1 on Page 2 of the urgency ordinance - Attachment 1) b, Direct the Clerk to read title c. Waive the reading c. Move to introduce and adopt the Urgency Ordinance (four votes necessary) d. Instruct the Clerk to publish the Urgency Ordinance within 15 days aft~r adoption BACKGROUND: Government Code Scction 65858 authorizes a municipality to adopt, as an urgency measure, ~n interim 7.oning ordinance (also refelTed to as an" e cy ordinallee") prohibiting certain uses whitjh PRRPARED BY: BUD N. LORTi?'~ . DIRECTOR OF COMMU ' Reviewed by: ~ssjslant Town Manager ~ t-Town Attorney _Clerk _Commllnity Development Revised: 8/29/03 2:19 pm finance . Rcformaued: 5130/02 o .. · · · SEP-11-2003 THU 07:31 AM TOWN OF LOS GATOS FAX NO, 4083548431 p, 07/09 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: URGENCY ORDINANCE REGARDING PERSONAL SERVICE BUSINESSES. Augu.~t 29, 2003 may be in conflict with the general plan, specific plan or zoning ordinance which a juHsd,lction is considering, without following thc procedures otherwise required for the adoptipn of a,zoning ordinance. Before adopting or extending an urgency ordinancc, Council must make a finding th¡).t there is a current and immediate threat to the public health, safety or welfare, or that the approval ôf additional development applications would result in such a threat. Such an ordinancc requires :a four-fifths vote of the Town Cmlllcil for adoption and is effective for 4S days. The urgency ordinance may be extended after notice and public hearing. Urgency ordinances arc limited by statute to a maximum two-year period. As required by GOvernment Code, tell days priot to thp expiration of the ordinance, Council must issue a written report describing the measures taken to alleviate the condition that ¡cd to the adoption of the ordinance. '" DTSCUSSION: The C-2 Central Business District Commercia! Zoning District controls land uses in thc Downtown area south of Highway 9 and along Main St. from Santa Cruz Ave. to the Civic Center. Santa eru;z Ave" University Ave. and Main 5t, arc thc primary commercial streets in the C-2 zone. Downtown Los Gatos is often recognized as one of the hest "Downtowns" in Northcrn California. A unique combination of factors draw people to this conclusion. These factors, include tl1e following: · A rich history that dates back over 100 years · Historical and architecturally significant buiJdings · A hcautifullocation nestled at the base of tlle Santa Cru¡r. Mountains · Attractive public improvements including Town Plaza Park · Good vehicular and pedcstrian access · Public parking both on-street and in public and privatc parking lots , · A unique mix of commercial uses including restaurantS, tetail establishments, person~l service uses, financial institutions and ofJice uses. ' The Town Council has been proactive in taking actions to enhance the Downtown and maintain its viability. This has included developing new parking, making strcctscape improvements, improving Town Plaza Park, establishing a new banner program and many others. In addition, the Council hils been pmactive in its land use regulations for the area. The Council understands the delicate balan~e bctween difrerel1t land uses in thc Downtown, and has implemented zoning requirements to prole~t and enhal1C8 the area. For example, while some l'etailuscs are allowed by right, most other usès require a Conditional Use Permit (CUP). Uscs requiring a CUP include restaurants, banks, ¡'ot~ls Ot motels, sale of alcoholic beverages, themers, and many others. Office uses are generally nþt ¡¡Howed on the ground floor in the C-2 Zone. Last year, thc Town Council approved an ordinan~e requiring that formula reLail stores obtain a CUP. AI! these actions are intended to provide the ToWn Council a ]evc1 of control over!hc unique mix of uses that make downtown Los Gatos so success ful. o SEP-11-2003 THU 07:31 AM TOWN OF LOS GATOS FAX NO. 4083548431 P. 08/09 . , : PAGE 3 MAYORANDTOWNCOUNC~ SUBJECT: URGENCY ORbINANCE REGARDING PERSONAL SERVICE BUSINESSES ¡\¡,¡gust 29, 2003 e Personal service businesses are allowed in the C-2 zone without aCUP. The most eommbn pe¡'80nal service businesses cUITently found in the downtown arc hair and nail saJons. Theyare anowèd Oil ground floor spaœs. In recent years, it sccms there has been an increased number of salons thathilVe located in spaces previously occupied by retail uses. A recent survey of business licenses identified approximalely 40 salons, nail studios and barbers in ground fl()or spaces in thß C-2 zoning district. In calendar year 2001, approximately 35 wcre present, and in 2002, the number increased to 37. AJlhough addWonal data regardjng Personal Service Businesses in the C-2 Central Business District was requested, staff ha.~ not been able to collect spccific data in the short timefnune since this issue arose. If addilional data is available by the time of the Sßptember 2nd Council meeting, staff wiÍl provide this data verbany. Staff is aware of two salons that have recently filed pJans to Jocate in thþ C-2 zone in spaeos not previ()usly occupied by salons. Both locations are considered "prime" locations where retail uses are considered desirable. While salons have been an important part (if thc downtown mix for Los Gatos, a concern o;\1<ists that an over concentration ()f salons will disrupt thl) rotail continuity of the area, In addition, salons often have a higher parking demand than II typical retail store as a result of a high number of hair stylists and customers being located in what is often a relatively small space. S taft' believes Lhat iUs pl1Jdent to study thcjssue of persona] service busi nesses in ¡he C-2 zone. The study could result in a recommendation to require a CUP for personal service uses in the C-2, restrict . new personal service uses from locating on the ground floor simí!ar to office uses, leaving the ordinance as it is cllrrently written, or other alternatives. lfthe Council beHeves immediate action is needed, the adoption of the urgency ordinance would pot a moratorium on new personal service uses in ground floor spaces while staff completes its study and rcconunendations to the Town Council. It is estimated that it would takc a minimum of four to six months to compkrlò the study and forward recommendatioJ1S to t1lß Planning Commission and Town Council. Staff is aware of two salons that have submitted tenant improvement plans aad al10ther onc that is considering a space in the C-2. Staff þas prcpared the urgency ordinance so ~s ~o give the Council two alternatives in terms of dealing with the two salons with pendin!g applications. Under Alternative One (Page 2 ohhe urgency ordinance), ~he proposed uses could not obtain permits to prü¢eed until such time the urgency ordil1ancc is lifted aIld possibly neW requirements for the C-2 zone enacted, Under Alternative Two, the Council would allow applications that arc pending (i.o" have already boen filed wilh ¡he Town) to prü¢eed but not issue permits for any new applications received after August 29, 2003 untiJ the IJrgency ordjnance is Hftcd. Should Councn direct staff to study the issue anù develop recommendations, staffwou1d recommend the following appr~1ach. Within 30 to 60 days staff would develop a scope of work and bring this back to COl1fieil for review and discussion prior to conduoting research and developing recommendations, The scope may include such ,actions as reviewing the overall TI!ix of land uses .in the downtown and determining conformance with the General Plan, reviewing the type and location of various types of personal service uscs, reviewing the rlUmbcr ofperrnits granted for these . typcs of uses over the past few years and similar reseDIch. Such research would form the bn.~is for o SEP-11-2003 THU 07:31 AM TOWN OF LOS GATOS FAX NO. 4083548431 p, 09/09 . PAGE 4 MAYORANDTOWNCOUNC~ SUBJECT: URGENCY ORDINANCE REGARDING PERSONAL SERVICE BUSINESSES . August 29, 2003 recommendations and the possibility of further rcgulatingp¢rsonal service uses in the C-2 zone. 1'h«: priority and timing of this effort is discussed in a staff report appearing later on the C;ouneil '~genda. CONCLUSION.: Adoption of lhe urgency ordinance will provide a temporary prohibition on personal service uses 011 grol1nd floor spaces in the C-2 zone. Such a temporaryprobibition wouJd allow staff time to develop a scope of work for review by Council and ultimately study the issue and potentially develop recommendations to regulate personal service uses in the C-2 zone. Two alternatives are presenlt:d regarding how to deal with applications that are currently pending. If Council decides not 10 ado~t the urgency ordinance, staff can still proceed if so directed with a stIJdy of this issue which will ta~e approximately four to six months. 'ENVIRONMENTAL ASSESSMENT: It has been determined that this project could not possibly have a significant effect on the environment therefore, the project is not subjcct to th" California Environmental Quality A~t . (Section 15061 (b)(3», FISCAL 1MPACT: Adoption of the urgency ordinance and preparing recommendations regarding potcntial changeslo the C-2 zone for personal service uses will not have a direct fiscal impact on the Tt)wn. Howevèr, a continued loss of mtaH us"'s to personal service uses could resuJ¡ in reduced sales tax revenuc'to the Town. Attachmcnts: I. Draft Urgcncy Ordinance 2. C-2 Zoning RcguJations N;\'Dr:V\M"111),\pcNun<l1so¡'Vi<:cbu¡;¡m:s.~co¡t}C¡lroflOro,è:pQ():3.W{ld . o ;;;t.r-II-¿UU~ THU U¡:29 AM TOWN OF LOS GATOS FAX NO, 4083548431 P. 01109 ORDINANCE 2117 e AN URGENCY INTERIM ORDINANCE OF THE TOWN OF LOS GATOS PROHIBITING THE APPROVAL OF APPLICATIONS FOR PERSONAL SERVICE BUSINESSES LQCA TED ON THE GROUND }1,OOR IN THE C2 CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE. WHEREAS, Government Code § 65858 aHows a legislative body, without followinß the procedures otherwise required prior to the adoption of a zoning ordinance, to'adopt, as a urgency measure, an interim o¡'dinunce prohibiting any uses which may be in conflict with a contetnp1ated general plan, spccifie plan, or zoning proposal which the legislative body, planning commission or planning department is intending to study within a reasonable time; and WHEREAS, the zoning provisions of the Los Gatos Town Code does not provide a definition of "Personal Service Business" nor does it contain adequate procedures for investigating and addressing the impacts of a new Personal Service Businesses in the centra! business district; and WHEREAS, appJications have been received by the Town for aPPI'oval of two new Personal Scrvice . Businesses in the central business district, and inquiries have been made of Town stuff in anticipation of a third such application; und WlIEREAS, concerns have been raised in the community regarding potential detrimental impacts of additional Pcrsonal Service Businesses in the central business district, including but not limit¢d 10, location, parking, l.famc circl1lation, and land use mix; and WHgREAS, eoncems have also been expressed that dccisions regarding applications for new Personal Service Businesses should consider the importance of a bal anced mix of land uses throl1ghojJt the central business district; and WHEREAS, the Town does not have eompIete and comprehensible information anaJyr.irig the currcnt business environment of the central business distrie!, describing tbe totaJ number, type and mix of Pagel of 5 . · · · SEP-11-2003 THU 07:29 AM TOWN OF LOS GATOS FAX NO. 4083548431 P. 02/09 businesses located therein or the trend of applications for types of businesses, including Personn] Service Businesses; and WHEREAS, absent comprehensive regu!ations and a current analysis of the centra! business dIstrict" . the Town is unablc to ensure informed, consistent, uniform and fair decisions on applications for new Personal Service Businesses in the centra! busincss district; and WHEREAS, the Town C0l1llcil has directed thc Town Department of Community Deve]op01ént to cvalu¡¡te anu make recommendations to the Planning Commission and the Town COllllcil regarding the necessity and potential form of regulation of Personal Service Businesses in thc centra! b~siness district; al1d WHEREAS, approva1 of applications for new Personal Service Businesses during the time 'I'own staCf is stu<lying the business environment and the value of imposing regulations on such bU$int).qses in the central bU,qincss district could result in conflicts with rmy regulations that might uJtimately be adopted. THE TOWN COUNCIL OF THE TOWN OF LOS GA TOS ORDAINS AS FOLU)WS: 1. 1I1tcrim Ordinance, During the term of this Interim Ordinance, no building or zoning npplicalions for permits for Personal Service Businesses located on the ground noor in the C~2 central business district commercial zone received by the Town after August 29, 2003, or has exeeuted a lease by or before Au gust 29,2003 for locations which Personal Service Businesses would operate, shall be approved by the Town. 2. Findings. a. The Town of Los Gatos has long been recognized as having a unique downtown business cl1vironment with an unusual mix of business thal distinguishes it from otner retail arcns and has contributed to its long lime vibrancy and financial Sl1eccss. b. The Town's General Plan contains numerous goals, policies and implemCl1ting strategies intended to preserve its unique retail environment. For example, the land use designation CBD for Fl\ge :\ of 5 SEP-11-2003 THU 07:29 AM TOWN OF LOS GATOS FAX NO, 4083548431 P. 03/09 / central businesR district (2.4.2) iR described us "[encouraging] a mixturè of community-oriented èommercial . goods, scrvices and lodging, ¡hat is unique in its accommodation of small town Rtylc merchants and Lbe , maintenallCe ofa small town fee] and character." Elsewhere, concerning the historic downtown area, is a goal , to maintain mixture of goods 11l1d services, identhy, environment and commerdal viabiJity (Lq.6.2) o1Ind 011 policy to "[c]ncourage the development and retention of sma!! businßss and locally-owned storeR and shops that arc consistent with small town charactm' and scale:' (L.P.6,2) '" c. Thc Town does not have complete and comprehensibJe information analyzing the current business environment of the central bllsiness dis1Jict, deRcribing the total number, type and II\ix of businesses located therein, or the trend of applications for types nf businesses, including Personal Service Businesses. d. While thc precise number of Personal Servicc Businesses in the central bus~ness district has yet to be determined, an initial review of Town business license information indicates that in calendar year 200 I approximately 35 locations in the central business district were u~ed for Personal Services . Business, !hat the number increased slightly to 37 locations in calendar year 2002, and that thus far in calendaryear2003 ¡he number has increased to approximately 40 locations. These inc1udehair salons, barber shops, nail salons and day Sp'1S. e. ^ nationwide economic rccession has reduced demand for many retai1 goods resulting in retail business failures and increasing retail space vacancies in the central business dislriet. f. Within the 3Q to 60 day period preceding this ordinance, appHcations havebccll received by the Town seeking permits for two new PersOJ1al Servicc Bush1esses in the central business district and inquiries have been made of Town staff in anticipation of a third such application. g. Wbi1e the total number of Personal Service Businesses may vary\¡poll completion of a more detailed survey, the preliminary information referred to herein, coupled with the pendin~ and PI\ge '3 of 5 . e e . SEP-11-2003 THU 07:30 AM TOWN OF LOS GATOS FAX NO. 4083548431 P. 04/09 anticipated applicalions for more such businesses, suggests the existence of a large and rapidly incre¡¡sing number of businesses in the central business district specializing in hair, nails and skin Care and a trc~d of vacant retail spaces converting to personal service tises, h. An increase in the existing number of Personal Service Businesses hi the centra! business district potentially threatens the Town's unique downtown retail environmcnt in a number of ways, including, but not limhed to, an over concentration of Personal Service Businesses that can take overex;sting retail sp.\ces, reduce the a1\raetiveness of the central business district to retail consumers and to new retail businesses alike, and ultimately limit the ability oflhe central business district to successfully compete with other business districts in the region. L For the reasons stated herein, the issuance of building or zoning permits for new Personal Service Businesses located on the ground floor in the centra] business district commercia! zone during the term of Ihis Interim Ordinance poses a current and immediate threat to p¡¡blie hea!th,safetý and welfare. '" j. The Town Department of Community Development has been directed to evaluate and make recomme,ndntions to the Planning Commission and the Town Council regarding the necessity and potenti'll form of regulation of Personal Service Businesses in the central busincss dlst1'Îet. k. Approval of applications for building or 7.oning permits for Persona! Se\-viee Businesses may be in conflict with the regulations to be analyzed and adopted by the Town and would undermine Ihe pmpose of sludying such regulation, thereby reducing the quality of life wHbin the commÜnity to the extel,lt the ovenln public health, safety and welfarc are detrimentaHy affccted. 3. Term. This Interim Ordinancc shall be effectivc immediJ1tely and shaH rcmain in effect 45 days from the dale of its adoption, or ¡¡11tH the Town Council chooses to repeal this Ordinance, whichever is earlier, unless extended pursuant to Government Code § 65858 . Page 4 of S SEP-11-2003 THU 07:30 AM TOWN OF LOS GATOS FAX NO, 4083548431 'p, 05/09 4 Report At least 10 days prior to expiration of this Interim Ordinance, the Town Cou.ncHshill e issue a written report pursuant to Government Code § 65858 (d) describing the measures taken to a!leviata the conditions which havc Icd to the adoption of this Interim Ordinance. 5, Severabilit'{. If any part of this Interim Ordinance is held to be invalid of'inapplicabJe to any sj(uaLion by a court of competent jurisdiction, such decision shaH not affect the validity ~f Lhe remaining portions of this Interim Ordinance or the applicabìlity of this Interhn Ordinance to other situations. 6. Posting. Within IS days lIfter its passage, the '¡'own Clerk shall cause this Interim Ordinance (0 be published once in a newspaper of general circulation published and circulated in the Town and posted in at lcast three public places within the Town. This Interim Ordinance was passed and adopted at a regular meeting of the Town Council of the town ofLes Gatos on Sept(~mber2, 2003, and adoptcd by at least a four-fifths (4/5) vote of the TOWJl COUJlcil a.~ follows: COUNCIL MEMBERS: e A YES; Steve Glickman, Joe Pirzynski, Mike Wasserman, Mayor Sandy Dceker NAYS: Diane McNutt ABSENT: None ABSTAIN: None SIGNED: /s! SaJJdy Decker MAYOR OF THE TOWN OF LOS GA TOS LOS GATOS. CALIFORNIA ATTEST: Is! Marian V. Cosgrove CLERK OF THE TOWN Of' LOS GA TOS LOS GATOS, CALIFORNIA. Page 5 of 5 e