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Home My WebLink About12-17-2003 City Council Agenda Packet , , . e e e AGENDA REGULAR MEETING SARATOGA CITY COUNCIL DECEMBER 17, 2003 ARCHIVE COpy CLOSED SESSION- 6:00 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUlTV ALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:00P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:00 P.M. Conference with Legal Counsel- Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) Conference with Le,gal Counsel- Initiation of litigation (Gov't Code section 54956.9(c): (1 potential case). Conference With Legal Counsel- Existing Litigation: (Government Code section 54956.9(a)) Name of case: City of Saratoga v, Escamilla (Santa Clara County Superior Court No. 1-03-CV-0053) Conference With Legal Counsel- Existin,g Liti,gation: (Government Code section 54956.9(a)) Doug Adam Jonathan, Debtor U.S. Bankruptcy Court, N. Dist. CA, Bankruptcy No. 03-57342-JRGIl REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUlTV ALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on December 11, 2003.) COMMUNICATIONS FROM COMMISSIONS & PUBLIC . Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda, The law generally prohibits the Councilfrom discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. e 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 None CEREMONIAL ITEMS None e SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. lA Approval of City Council Minutes - October 15, 2003 Recommended action: Approve minutes. 1B Approval of City Council Minutes - November 5, 2003 Recommended action: Approve minutes. e 2 . . . . . 1 C. Review of Check Register Recommended action: Approve check register. JD, Planning Action Minutes - December 10, 2003 Recommended action: Note and file. IE. Resolution Confinning Council Agency and Commission Liaison Appointments Recommended action: Adopt resolution. IF. Second Reading and Adoption of Tree Regulations Recommended action: Adopt ordinance, IG. Second Amendment to Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority Recommended action: Authorize execution of agreement. lH. Award of Contract for VTA's Operator's Facility Recommended action: 1. Reject all bids received on the project. 2. Direct staff to solicit new bids for the facility located in the parking lot. II. Request Change Order Authority on Heritage Orchard Recommended action: Approve increase of $35,138 to existing contract with Republic Electric for electric power extension from Saratoga Library to the Heritage Orchard. Approve increase of$36,474 to the existing contract with Maggiora Brothers Drilling, Inc. for Heritage Orchard irrigation system. 1J. Supplemental Law Enforcement Services Funds (SLESF) Recommended action: Adopt resolution. I K. Appraisal for Quarry Property (Saratoga- T 0- The-Sea Trail) Recommended action: Authorize staffto retain the services of an appraisal company to perfonn an appraisal on the two County owned properties. 11. Increase in Consulting Contract for Gateway Proj ect/Design Recommended action: Approve a $29,375 supplement to design contract with Greg G, Ing & Associates for additional services in connection with Gateway entry redesign and Right-of- way modification work. 3 PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total often minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total offive minutes maximum for closing statements. Items requestedfor continuance are subject to Council's approval at the Council meeting) i . . 2, Zoning Ordinance Amendment to Create an Overlay Zone for Drive-Through Services Recommended action: Conduct Public Hearing; Grant the First Reading; Direct staff to place item on the next Agenda's Consent Calendar for Second Reading and Adoption; Adopt Resolution of Negative Declaration. 3. Five Year (2001-2006) Capital Improvement Plan - Fiscal Year 2003/2004 Update Recommended action: Adopt Resolution amending 2001-2006 CIP Budget reflecting Council direction trom the November 5, 2003, City Council Meeting; Open the Public Hearing continued from the November 5th City Council Meeting for the F.Y. 03/04 CIP Update; Consider additional candidate CIP Projects as listed in the report and Review Projects in the adopted CIP and amend their funding levels if desired; Continue Public Hearing to the January 7,2004, City Council Meeting for environmental review and final adoption of new CIP Projects. OLD BUSINESS . 4. Animal Control Service Provider Choices Recommended action: Accept report and direct staff accordingly. 5. Alternate Proposal for the Commemorative Bench for Willys Peck at the Saratoga Library Recommended action: Consider an alternate approach to honoring Willys Peck with a bench at the Saratoga Library. NEW BUSINESS 6. City Council Policies Recommended action: Accept report and direct Council Sub-Committee accordingly. 7. Commission Vacancy Update and Proposed Interview Dates Recommended action: Accept report and direct staff accordingly. . 4 \ ¡ . . . AGENCY/COMMISISON ASSIGNMENTS None 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 meeiing, please coníací the Ciiy Clerk at (4û8) 868-1269 or ctclerk@Saratoga.ca.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 11). Certificate of Posing of Agenda: I, Ann Sullivan, Deputy City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on December 12, 2003 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoza.ca.us Signed this 12'h day of December 2003 at Saratoga, California. ~ Ann Sullivan Deputy City Clerk 5 i \ CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2004 . 1/7 Regular Meeting - Joint Meeting with Finance Commission 1/21 Regular Meeting - Joint Meeting with SASCC 1/24 Council Retreat 2/4 Regular Meeting - Joint Meeting with Arts Commission 2/18 Meeting Cancelled 3/3 Regular Meeting - Joint Meeting with Heritage Preservation Commission 3JJ 7 Regular Meeting - Joint Meeting with Planning Commission 4/7 Regular Meeting - Joint Meeting with Saratoga Museum Association 4/21 Regular Meeting - Joint Meeting with Parks and Recreation Commission 515 Regular Meeting - Joint Meeting with Youth Commission 5/19 Regular Meeting - Hakone Foundation 6/2 6JJ6 Regular Meeting - Joint Meeting with Public Safety Commission Regular Meeting - Joint Meeting with Friends oftbe Saratoga Library . 7/7 Regular Meeting -Joint Meeting with Library Commission 7/21 Regular Meeting 8/4 Regular Meeting 8JJ8 Summer Recess 9/1 Regular Meeting 9JJ5 Regular Meeting 10/6 Regular Meeting 10/20 Regular Meeting 11/3 Regular Meeting 11/17 Regular Meeting 12JJ Regular Meeting 12/15 Regular Meeting - Council Reorganization . 6 · · · SARATOGA CITY COUNCIL MEETING DATE: December 17, 2003 ORIGINATING DE)(Triity Manager's Office PREPARED BY: U"'J);~( . Cathleen Boye~ity Clerk SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: AGENDA ITEM: CITY MANAGER: DEPT HEAD: Approve minutes as submitted for the following City Council Meeting: Regular meeting - October 15, 2003 FISCAL IMPACTS: N/A ,/I ¿:/~p/ CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history, ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Minutes October 15, 2003 MINUTES SARATOGA CITY COUNCIL OCTOBER 15, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p,m. Conference with Legal Counsel- Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (2 potential cases) Conference with Legal Counsel- Initiation oflitigation (Gov't Code section 54956,9(c): (2 potential cases), The following people requested to speak: Saul Ozveron stated that the conditions ofthe property at 14460 Quito Road created a fire hazard and had increased the rodent population in the area due to an accumulation of trash and discarded materials on the property. She asked that the City remove the trash to protect public health. Connie Palladino expressed concern that the trash and other materials on the property at 14460 Quito Road created a health hazard and asked that the City clean up the property. John Palladino stated that the City has been aware of the conditions at the property at 14460 Quito Road for some time and asked that the City act to remove the fire hazard. Jim Cuthbertson infonned the Council that he has observed a significant increase in the rat population in the vicinity at 14460 Quito Road in the last 5-6 months. He asked that the City Council clean up that property to reduce the rat problem. The City Manager infonned the Council that he would look into the matter and get back to a neighborhood representative, MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLLCALL PRESENT: CounciOOembers Kathleen King, Nonnan Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: Councilmember Stan Bogosian . . . e . . ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Danielle Surdin, Administrative Analyst Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Iveta Harvancik, City Engineer Morgan Kessler, Assistant Engineer Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FORSEPTEMBER 15. 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954,2, the agenda for the meeting of October 15, 2003, was properly posted on October 9, 2003, COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak: Gundy DuVall noted that she has lived in Saratoga since 1996, Ms. DuVall explained to the Council her dilemma regarding a redwood tree on her rental property located at 18325 Swarthmore Drive. Ms. DuVall noted that she applied for a tree removal pennit a neighbor, Mr. Corson, appealed the decision and won. Ms, DuVall explained that the tree is causing a hazardous condition in her driveway, Ms. DuVall pointed out that she has included a letter from PG&E and Valley Concrete urging the Council to overrule the Planning Commissions decision. Larry Clark referred to the photos he provided to the City Council. Mr, Clark pointed out that the concrete has lifted 6-7 inches, which is very unsafe. Mr. Clark noted that Ms, DuVall is willing to replant trees in replace of the one she is asking to remove, Drew Kelley stated that he represented PG&E and was trying to assist Ms, DuVall's attempt to remove the redwood tree and replace the driveway. Mr, Kelley noted that it would be too expensive to replace the driveway with pavers due to the fact that every year Ms,DuVall would have to spend approximately $1500 to have the pavers re-leveled, Mr. Kelley pointed out the original property owner did not consider the placement of the tree so close to the driveway. Mr. Kelley urged the Council to allow Ms. DuVall to remove the tree and replace her driveway, Marvin Becker noted that he has a concern about rodents, Mr. Becker stated that he has trapped 12 rats in the past month. Mr. Becker pointed out that squirrel are also becoming a problem, 2 Tom Marinette noted that he was concerned about the home that is under construction across the street from his property, Mr. Marinette noted that during the pennitting process several changes were supposed to be made to the design. When the construction began it did not look like the changes were addressed, The elevation looks to be l-y:' feet above were it was pennitted to be. Bill Breck noted that he has been before the Council several times requesting that tree protection fences be placed around the protected trees near and on the property located at 14480 Oak Place. Mr. Breck requested that Council stop all construction at this property. David Mighdoll noted that he was present this evening to discuss the construction that is taking place at the property located at 13641 Ronnie Way, Mr. Mighdoll pointed out that the Planning Department made an error on the grade which was presented to them by the developer I Y:, feet above of what it was suppose to be. Mr. MigMol1 noted that he also opposed the height and bulk of the project. David Mather noted that he was also present to oppose the project on 13641 Ronnie Way, Mr. Mather noted that currently the grade is l-Y2 feet above where the dirt stands. Mr. Mather requested that the Council look into this issue, Lisa Schallop noted she was present this evening representing her husband who is on the Planning Commission. Mrs, Schallop noted that some of the tree removal appeals that are brought to the Planning Commission are politically motivated and neighbors against neighbors, Mrs. Schallop suggested that tree removal appeals be brought to the City Council instead of the Planning Commission, COMMUNICATIONS FROM COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF In regards to Ms. DuVall's issue, Vice Mayor Waltonsmtih asked if the City Council was allowed to hear the appeaL City Attorney Taylor responded no, the Council cannot hear this issue. City Attorney Taylor pointed out that in the Tree ordinance it does not provide appeal ofthis type of decision of the Planning Commission to the City Council- the Planning Commission's decisions are finaL City Attorney Taylor explained that if circumstances changed since the original appeal was acted on the applicant is free to reapply. Vice Mayor Waltonsmtih requested a report from staff in regards to the construction project located at 13461 Ronnie Way. 3 e e . e ANNOUNCEMENTS Mayor Streit made the following announcements: The City Cotmcil will hold a 2nd Community Meeting Tuesday, October 28, 2003 at 7:00 p,m. in the Civic Theater to discuss the following: · Continue discussion of City owned property and facilities · City Infrastructure · Community Discussion on "Vision of Saratoga" On October 26, 2003 from 11 :00 a.m, - 4:00 p.m. the Saratoga Rotary, in conjunction with many local groups, will be celebrating cultural diversity at their "Building Bridges" event at West Valley College. CEREMONIAL ITEMS IA. COMMENDATIONS FOR LIBRARY EXPANSION MEMBERS STAFF RECOMMENDATION: Present commendations. . Mayor Streit presented commendations to the following members of the Library Expansion Committee: Marcia Manzo, Ann Cross and Wylis Peck. lB. PROCLAMATION - DECLARING THE WEEK OF OCTOBER 19-25, 2003 AS "TEEN READ WEEK" STAFF RECOMMENDATION: Read proclamation and present commendations to student poets. Mayor Streit read the proclamation and presented it to Judith Sutton, Saratoga High School English teacher. Mrs, Sutton introduced the Poetry Contest winners from Saratoga High School as follows: Calvin Wang, Jessica Chang, Karen Ivesl, Jensine Lee, Nolan Marcos and Esther Chang. IC. PROCLAMATION - DECLARING THE MONTH OF OCTOBER 2003 AS "NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH" STAFF RECOMMENDATION: Acknowledge proclamation, . 4 Mayor Streit acknowledged the month of October 2003 as "National Domestic Violence Awareness Month". Mayor Streit noted that on October 17, 2003 Councilmember King would be representing the City of Saratoga at the 6th annual "Elected and Public Officials Walk to End Domestic Violence", e SPECIAL PRESENTATIONS 2A. WILDLIFE CENTER OF SILICON VALLEY STAFF RECOMMENDATION: Presentation by Trudi Burney, President, Board of Directors. Trudi Burney thanked the City Council for continued support over the years and presented the City with a plaque. CONSENT CALENDAR 3A CITY COUNCIL MINUTES - SEPTEMBERI7, 2003 STAFF RECOMMENDATION: Approve minutes, Councilmember Bogosian requested that item 3C be removed from the Consent Calendar. . Councilmember Bogosian stated that he was absent on September 17, 2003 so he would abstain from the vote. W ALTONSMITH/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES OF SEPTEMBER 17, 2003. MOTION PASSED 4-0-1 WITH COUNCILMEMBER BOGOSIAN ABSTAINING. 3B, REVIEW OF CHECK REGISTER (CONTINUED FROM 10/01/03) STAFF RECOMMENDATION: Approve check register. WALTONSMITH/KLINE MOVED TO APPROVE CHECK REGISTER MOTION PASSED 5-0. 3C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register W ALTONSMITH/KLINE MOVED TO APPROVE CHECK REGISTER MOTION PASSED 5-0. . 5 e e . 3D. JUNE 30, 2003 FISCAL YEAR END BUDGET MONITORING AND REPORT & 1 ST QUARTER 2003/2004 UPDATE STAFF RECOMMENDATION: Accept report and adopt resolution. TITLE OF RESOLUTION: 03-065 RESOLUTION AMENDING THE 2003/04 OPERATING BUDGET TO INCLUDE THE CARRYOVER OF AUTHORIZED PURCHASE ORDERS FROM FISCAL YEAR 2002/03 AND NEW ITEMS FOR 1ST QUARTER 2003/04 WALTONSMITHlKLINE MOVED TO ACCEPT REPORT AND ADOPT RESOLUTION, MOTION PASSED 5-0. 3E. PLANNfNG ÂCTiON lVrr~"'[JTES - OCTOBER 8, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITHlKLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES OF OCTOBER 8, 2003. MOTION PASSED 5-0. 3F. CONTRACT RENEWAL FOR CODE ENFORCEMENT HEARING OFFICER STAFF RECOMMENDATION: Adopt resolution and execute agreement. TITLE OF RESOLUTION: 03-067 RESOLUTION APPOINTING A HEARING OFFICER W ALTONSMITHlKLINE MOVED TO ADOPT RESOLUTION APPOINTING A HEARING OFFICER MOTION PASSED 5-0. PUBLIC HEARINGS 4. SECOND READING AND ADOPTION OF THE REVISED TREE REGULATION STAFF RECOMMENDATION: Grant second reading of the Ordinance and adopt revised Tree Regulation. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan stated that on September 17, 2003 the City Council approved the Negative Declaration for the Tree Ordinance and introduced the ordinance with amendments, 6 Director Su!1ivan explained the amendments as fo11ows: 1) Adding a requirement that design review applications show significant trees on adjoining properties within 150 feet of the applicant's property. 2) Changing the notice requirement so that notice of a proposed tree removal permit is mandatory for all types of protected trees instead of just native trees. 3) Deleting provisions making a violation of the ordinance a misdemeanor and instead making a violation an infraction 4) Adding a provision authorizing a court to impose civil penalties for violations of the ordinance that would be in addition to other remedies available under code such as planting replacements trees. e Referring to Dr. Woods's comments at the meeting of October 5,2003, Director Sullivan pointed out that his concerns were addressed in Code Section 15-50,110 ofthe current regulations and 15-50,120 of the proposed regulations, CounciImember Bogosian asked why the City's arborist has not appeared at any of the discussions regarding the proposed Tree Ordinance. ' Director Su!1ivan responded that the City's arborist has not been requested to do so. In regards to civil penalties for trees that die due to trimming, Councilmember King asked if penalties are applied iftrees are damaged as a result from too much pruning. e City Attorney Taylor responded that the civil penalties provision allows that any time the City's in court in connection with a tree issue the ordinance a110ws the court to impose civil penalties in the amount the court deems. The ordinance is modeled after the Town of Los Gatos's ordinance; it specifies that the civil penalty shall not exceed $5,000 for tree removal unless the tree is worth more than $5000. It does not include any guidance to the court in what penalties should be for damage to a tree. The Ordinance authorizes the court to impose a penalty but it does not state an amount. It would be up to the City to provide the court with the information to determine an appropriate penalty. Mayor Streit noted that the existing tree ordinance was clean up and only a few minor changes were made. Director Sullivan stated that other than the pruning standards, the size of trees was reduced of both protected and non-protected trees, and where tree are measured, Councilmember Kline stated that although he does support the ordinance but disagrees that the proposed ordinance does contain major changes, The proposed ordinance prohibits property owners right to remove trees on their own property and not allowing citizens of Saratoga to appeal to the Council. . . Marvin Becker stated that he agrees with Councilmember Kline's comments, The proposed ordinance infiinges on property owner rights. Mr. Becker noted that the Brookview residents do not support the ordinance. 7 Anna Price noted that she bought her house 15 years ago. Ms. Proce noted that she has several trees on her property that are 43-45 years. Ms. Price stated that if anything happened to those trees she could not afford to replace them, e Bill Breck suggested changes to the revised tree ordinance: · Sizeble civil penalties for tree damage · Require Design Review if neighbor's trees are affected · Goal of Design Review should be to preserve all native trees · Design Review should not only limit removal, but minimize encroachment · Design Review should minimize the number of protected trees that are removed or encroached Dr. Ralph Wood noted that the 10 feet is too close to plant a tree near a property line, Dr. Wood noted that any tree appeal should be heard before the City Council not the Planning Commission. Hamid Saadat noted that he recently moved into Saratoga and just read about the proposed tree ordinance. Mr. Saadat noted that his six neighbors all have trees that are right up against his fence. He recently tried to fix his driveway but can't because of the surrounding trees and their drip lines. Also Mr. Saadat noted that there are a lot of branches that hang over his property, Mr. Saadat noted that he couldn't prune them according to this ordinance. e Robert Dwyer noted that he has many trees of various species on his property. Mr. Dwyer stated that the ordinance seems to restrict property owners if they want to remodel their house. Mr. Dwyer stated that property owners should have the right to manage their own trees. Robert Zager stated that this proposed ordinance does contain major changes. Mr. Zager noted that he doesn't support the ordinance and pointed out his concerns. Frank Schneider stated that most people moved to Saratoga for the rural nature. Mr. Schneider stated that he agrees with Councilmember Kline that this proposed ordinance does have major changes that affect property owner's rights. Mr, Schneider requested that Council postpone this discussion. Cheriel Jensen noted that her property is an urban forest. Ms Jensen presented Council a list of trees that were not on the list that she feels should be considered protected trees. Tom Corson noted that he fully supports the proposed ordinance. Lisa Kurasch noted that this ordinance has been in the works for 12 years. Ms. Kurasch commended staff on the proposed ordinance. . Maria Guerra noted that property owners need a process to be able to appeal to the City Council on tree decisions. Ms. Guerra noted that she agrees with Dr. Wood that 10 feet is too close to plant near a property line. Jill Hunter urged the Council to adopt the ordinance, 8 Mike Garakani noted that he was on the Planning Commission subcommittee that worked on the ordinance. Mr. Garakani noted that he doesn't support parts ofthe ordinance. Mr. Garakani noted that he feels the Council should address the pruning and removing portion of the ordinance again, e Mayor Streit closed the public hearing. CounciIrnember Bogosian stated that although most of the proposed ordinance is great he concurred with Planning Commissioner Garakani stated that the ordinance does need more work. CounciImember Bogosian noted that he would like to hear ITom the City's Arborist. CounciIrnember Kline noted the proposed document is good but he has some concerns with parts of it. CounciIrnember Kline stated that he feels there hasn't been enough public input. CounciImember Kline noted that he is in favor of forming another AdHoc Committee to pertèct this docuiïìent. Vice Mayor Waltonsmith stated that the ordinance was not designed to take away property owners rights, Vice Mayor Waltonsmith noted hat she supports Councilmember Kline's suggestion in forming another AdHoc Committee. Mayor Streit noted that he and Councilmember King were on the original AdHoc Committee and their intent was to close the loopholes that people abused, Mayor Streit noted that most of the proposed ordinance is great. Mayor Streit stated that he supports another AdHoc Committee adding members of the community. e CounciIrnember Bogosian thanked the residents for taking the time to attend tonight's meeting, CounciImember Bogosian stated that his main objection is the section regarding pruning. Councilmember Bogosian noted that he didn't know that pruning was a problem in the City and would like to see the data that reflects it. Consensus of the City Council to form another Adhoc Committee including members of the community. OLD BUSINESS 5, DEANZAlUPRRlPG&E EASEMENT TRAIL STAFF RECOMMENDATION: Accept Report and provide staff direction. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained the history behind the proposed DeAnzalUPRR/PG&E Easement Trail. Analyst Bloomquist noted that recent conversations with the Valley Transportation Authority (VT A) staffhas confirmed that the VT A has allocated funding for Saratoga if the City is willing to negotiate with PG&E for the usage oftheir easement ITom Saratoga-Sunnyvale Road to 9 e Saratoga Avenue for trail development As requested by the VT A, the City became the lead agency for this project when the City of Cupertino pulled out as lead agency. e Analyst Bloomquist noted that the VT A has reserved funding for the trail segment identified as reach 3 in the October 2001 Alta Feasibility Study. The trail segment is 1.6 miles in length, with the goal of placing the trail on the PG&E easement As identified in the 2001 Alta feasibility study, the projected development costs for reach 3 is $1,997,577.00 dollars, with a required local match by the City of20% percent, or $399,515.40. Analyst Bloomquist pointed out that a local anonymous donor has recently contacted staff indicating their willingness to provide the City with the required local match. Analyst Bloomquist mentioned that VTA staff has indicated funding for this project remains available as long as the project meets the following Bicycle Expenditure Program (BEP) Deadlines: 1) Environmental work done by September 2004 2) Start of construction by September 2007 Analyst Bloomquist pointed out that ifthe Council chooses not to pursue this project, the funding will revert back to the BEP and applied to other Tier 1 bicycle proj ects. e Analyst Bloomquist explained that by Council direction staff engaged in extensive public outreach to advertise this meeting. Analyst Bloomquist noted that Celia Chung with the VT A was available if Council had any questions. Councilmember Bogosian asked ifthe $1.9 million dollars mentioned in the Alta study included maintenance of the trail. Analyst Bloomquist pointed out that the study did not include maintenance, which would be approximately $50,000 a year for 8.7 miles of trail in Saratoga. Councilmember King asked what would happen to the property if it were not a traiL Analyst Bloomquist explained that the property is zoned Zl-l 0, 000 and pointed out that an amendment would have to be made to the City's General Plan if that property was to be developed. Mayor Streit noted that the other cities pulled out but Saratoga has a PG&E easement Referring to a report provided by staff reflecting studies that have been done on rail trails, Councilmember King asked staff to briefly explain the studies, e Analyst Bloomquist explained that the studies that he has read state that rail trails have no significant impact on property, The studies have shown that rail trails have done no hann and have not lowered property values, Gosia Hoot noted that she supports the proposed trail. 10 William Brooks noted that he supports the proposed trail. Mr, Brooks stated that Saratoga already has a trail system that goes along or besides many properties in Saratoga and they have not lowered property values nor have they increased crime in the City. e Anne Sanquini noted that she supports the proposed trail. Ms. Sanquici noted that the City should take every opportunity to create and protect open space, parks, pathways and trails. Phillip Baker noted that he was representing the Youth Commission. Commissioner Baker stated that the Youth Commission supports the proposed trail. Diane Reese noted that her backyard borders the trail. Ms. Reese stated that her famiìy supports the proposed trail Eric Bracher stated that his house backs up to the PG&E easement and asked the City if the property could be cleaned up. Bob Wallace noted that he was a member of Rails to Trails. Mr. Wallace stated that the Council should leave the trail as is until the railroad stops using it, Mark Escobar noted that his concern was the cost of the trail, which he think is too high, Mr. Escobar noted that he currently uses the trail along with hundreds of other people as is, e Isabel Gloege noted that he City should jump at the opportunity to turn this segment into an official trail. Aaron Katz noted that he supports the proposed trail. Maria Guerra noted that her property is along the easement. Ms. Guerra noted that the area should be cleaned up, Ms. Guerra urged the Council not to rush into a decision. Marty Goldberg noted that he completely supports the proposed trail and urged the Council to move forward with the project. Patty Ciesla noted she represented the Santa Clara County Parks Commission - Trails Subcommittee. Ms. Ciesla urged the Council to move forward with the project. Aaron Grossman noted that he was a Mountain View resident and President of the Friends of the Stevens Creek Trail. Mr. Grossman noted that property values do not decline because oftrail trails nor do they increase crime. Marjorie Ottenberg noted that she has lived in Saratoga for forty years and has bee using the trail for the past 15 years. Ms. Ottenberg noted that she supports the proposed trail. e 11 Jim Stallman noted that he was the City's representative on the Bicycle Advisory Commission of Santa Clara County, Mr. Stallman urged the Council to move forward with the project. . Bill Witmer noted that he was opposed to the proposed trail. Donna Pupperhagen stated that her property is along the trail and noted her main concern is safety, Ms. Pupperhagen noted that although the trains are slow it still poses a hazardous condition especially for children, Doug Robertson noted that he was a new resident in the City of Saratoga. Mr. Robertson noted that if the City waits to construct the trail, the price will just increase. Mr. Robertson noted that he supports the trail. Ken Yale noted that his property is adj acent to the trail and uses it on a regular basis, Mr, Yale noted that if it were a paved trail he would use it more, Mr. Yale urged the Councií to move forward with the project. Walter Spector noted that he has three bicycle age children and there are no safe trails in Saratoga to take them on. Mr. Spector urged the Council to move forward with this proj ect. Cheriel Jensen noted that she supports the proposed trail. Dennis Dumont noted that he supports the proposed trail. . J eannee Carter noted that her property backs up against the trail. Ms, Carter noted that she was concerned about privacy and public safety. Ms, Carter noted that she has found broken glass and beer bottles along the trail and asked how the trail would be patrolled. Logan Deimler stated that he was a member ofthe Parks and Recreation Commission and Chair of the Trails Subcommittee, Commissioner Deimler noted that everyone's concerns need to be addressed. Commissioner Deimler stated that the trail is a public resource. Susan Mandell stated that the current trail has been working fine and formalizing would increase its use. Ms, Mandell stated that the Council need to look at this carefully and take in the residents concerns Casey Winningham noted that he has been using this trail since 1968. Mr, Winningham noted that right now the trail is somewhat private. Mr. Winninghan pointed out that the Los Gatos Creek Trail is so crowded, Mr. Wiuningham noted that the City should work out a trail to address everyone's needs. Cylia Chung noted that she was the Bicycle Coordinator with VTA. . Vice Mayor Waltonsmith asked if safer crossing at Cox and Saratoga-Sunnyvale could be added, 12 Ms. Chung explained that the Board has approved the Tier 1 funding and if the City should choose to change the scoop of the proj ect the City would have to go before the Board for approval. Ms. Chung noted that the crossing at Cox is another Tier 1 partially funded project. . Vice Mayor Waltonsmith stated that she has been supporting this trail for a long time and would like to see the project move forward. Vice Mayor Waltonsmith stated that she wants it to be a safer and an all seasons traiL Vice Mayor Waltonsmith noted that tonight we started to address the issues that have been brought forward but first we need to talk to PG&E if we could get an easement and make sure all of the funding is still available, Councilmember Kline stated that he supports starting the process for this proposed project but the City must conduct a major outreach program with the neighbors. Councilmember Bogosian noted that his concern was the quality ofìife in Saratoga. Councilmember Bogosian pointed out that Saratoga is one of the safest cities in the Bay Area. In regards to privacy issues raised by a few residents who live along the trail, Councilmember Bogosian noted that he agrees with them that it could become a problem. Councilmember Bogosian stated that he feels the maintenance of this trail could become a problem and noted that because of budget constraints this year the City had to cut one officer. Councilmember Bogosian noted that he agrees that this area needs to be maintained as open space but not designated a fonnal traiL Mayor Streit stated that this issue has been before the Council several times over the past couple of years, Mayor Streit noted that he feels that the process needs to be continued to address concerns such as security, police, fire, privacy, and lighting concerns. Mayor Streit stated that the process should be similar to the approach the City has taken in the past with the renovations of parks, Mayor Streit stated that he disagrees with Councilmember Bogosian that the trail will not change the character ofthe neighborhood - it might improve some of the neighborhoods. . Mayor Streit noted that the majority of the Council agrees to move forward with the process and direct staffs to bring back process alternatives and make sure citizens along the trail are involved, Referring to the card that property owners received, Councilmember Bogosian noted that individual letters should be sent to every property owner along the traiL Mayor Streit declared a break at 10:30 p,m. Mayor Streit reconvened the meeting at 10:40 p.m. . 13 e e e 6, FIVE YEAR (2001-2006) CAPITAL IMPROVEMENT PLAN - FISCAL YEAR 2003/2004 REVIEW STAFF RECOMMENDATION: Adopt Resolution amending 2001-2006 CIP Budget reflecting Council direction ITom prior City Council Meetings; Review Projects in the adopted CIP and amend their funding levels if desired; Consider candidate CIP Proj ects as listed in the report for inclusion in the 2003-2004 CIP; Conduct Public Hearing at the November 5, 2003 City Council Meeting; Continue CIP discussion to the Public Hearing to allow for additional public input generated ITom the upcoming October 28th Community Meeting, TITLE OF RESOLUTION: 03-066 RESOLUTION AMENDING 2001-2006 CIP BUDGET Director Cherbone explained the CIP process. Director Cherbone noted that the scheduling over time of public improvements is an essential task of CIP and is based on a series of priorities according to need, desire, importance, and to fund the various projects that make up the CIP Director Cherbone pointed out the following recommended criteria to consider when making choices on project priority: · Public Safety · Beautification · Environmental Impact · Importance relative to community needs · Resources available · Operation and Maintenance Costs Director Cherbone noted that some projects might be included but unfunded, awaiting grants and special funding sources not available at the time of the CIP development. In other cases Council may wish to fund design and engineering costs only for projects likely to be submitted for competitive grant applications requiring projects that are pre-approved and for which designs have been completed. Director Cherbone noted that once direction ITom Council on the draft changes to the CIP is received, staff would submit new projects to the Planning Commission for review of general Plan and environmental approvals and to the Finance Commission for budgetary review, The process would conclude with public hearings and final adoption of the new CIP projects by CounciL 14 Director Cherbone briefly reviews the status of projects in the adopted five year CIP pointing out that there are 46 projects, 32 projects have full or partial funding and 14 projects are not funded. The total amount in the adopted CIP is $17,942,582. There are three main categories of funding 1) City Funds, 2) Grant funds, 3) Other sources. . Director Cherbone explained that CIP funding changes previously directed by Council on March 19, 2003. Director Cherbone explained new and adopted CIP projects for City Council consideration stating that there were 16 new CIP Project candidates and 3 existing adopted CIP projects for FY 2003-2004., The total cost of these projects, if approved, is $1,598,825. Director Cherbone briefly reviewed the projects: · Village Façade Matching Fund · Foothill School Joint Improvements (Amphitheater) · Foothill School Joint Improvements (Field Improvements) · Blaney Plaza Improvements - Construction Phase · Fire Alann System for Historical Park Buildings · Museum Improvements · Repair Work to Trail Segment #3 (Tank Trail) · Sobey Road/Quito Road Traffic Light Improvements (Marshall Lane School) · Norton Road Fire Access Road · Aloha Street Safety Improvements · Civic Center Seat Refurbish Project · North Campus Improvements (Fellowship Hall) · Spring Hill Court Park Improvements · Odd Fellow Trail Development · San Marcos Open Space Trail · New City Monument Sign . The City Council discussed the projects and voted as follows to place projects on the CIP: Project Village Façade Matching Fund Foothill School Joint Improvements Foothill School Joint Improvements (Field Blaney Plaza Improvements - Construction Fire Alann System for Historical Park Museum Improvements Repair Work to Trail Segment #3 (Tank Sobey Road/Quito Road Traffic Light Norton Road Fire Access Road 15 Vote 4-1 Bogosian opposed 5-0 Supporting amphitheater 5-0 A YSO committed to provide 5-0 5-0 5-0 remove from CIP list 5-0 5-0 5-0 . . Norton Road Fire Access Road Aloha Street Safety Improvements Civic Center Seat Refurbish Project North Campus Improvements (Fellowship Hall) Spring Hill Court Park Improvements Odd Fellow Trail Development San Marcos Open Space Trail New City Monument Sign 5-0 5-0 5-0 Move to 2007-12 CIP 5-0 5-0 Move to 2007-12 CIP 5-0 Support only design 5-0 5-0 Director Cherbone noted that the following projects have been adopted by the Council and are unfunded or have a need for increase funding and would be brought back to Council for discussion on November 5, 2003: . Park Trial Repairs . Kevin Moran Park Improvements e :r-..1edia..'1 Repairs (Landscape B...f1d Lrrigation) Howard Miller noted that he was an Assistant Regional Commissioner for A YSO Mr. Miller noted that AYSO has 1200 players in which approximately 1,100 are Saratoga residents, Mr. Miller noted that there aren't enough fields in Saratoga for all of these kids to practice on. Mr. Miller urged the Council to increase the amount of fields that could be used for playing fields. Mark Escobar noted that he has lived in Saratoga for 38 years, Mr. Escobar explained that over time society has changed resulting in the fact that parents do not let their children outside to play. Organized sports are the only answer. . John Schmelzer noted that he is a coach with organized sports for 10 months every year. Mr. Schmelzer noted that Saratoga has too many kids in organized sports and not enough field space. Dennis Farmer thanked the Council for the improvement at Congress Springs Park and noted that he was an advocate for youth sports, Mr, Farmer pointed out that many property owners in Saratoga have the "not in my backyard" attitude, Mr. Farmer urged the Council to increase the amount of fields that could be used for play fields, Manjo Goel noted that he has lived in Saratoga for 12 years and has two children in soccer and baseball. Mr, Goel stated that he has recently been appointed to act as a liaison to the City Council and AYSO. Mr. Goel noted that he supports more playing fields in Saratoga. Maria Guerra noted that he has three children in year round organized sports, Ms. Guerra noted that he currently drives his children to three different fields for practice. Ms. Guerra noted that Saratoga needs more parks like Congress Springs Park. . 16 Eric Leonard noted that he grew up in Saratoga. Mr, Leonard noted that he has three daughters that participate in organized sports. Mr. Leonard pointed out that on the weekends at Congress Springs Park there is a tremendous sense of "community". Mr. Leonard noted that Saratoga needs more parks like Congress Springs Park. . Manny Cappello noted that he is a Commissioner for A YSO, Mr. Cappello stated that this year A YSO started a CIP program for special needs children. Mr. Cappello noted that the City needs more flat grass. Susan Mandell noted that she has two children that play soccer and basebalL Ms. Mandell stated that there aren't enough fields in Saratoga and urged the Council to seek more space Allen Strong noted that there is a great need for flat grass in Saratoga. Mr, Strong noted that he has been a coach for the past 12 years Colin Morales noted that he is the Vice President of the Saratoga Little League. Mr. Morales stated that there aren't enough fields in Saratoga and urged the Council to seek more space, WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION AMENDING THE 2001-06 CIP BUDGET. MOTION PASSED 5-0, 7. URGENCY ORDINANCE PROHIBITING PERSONAL SERVICES ON FIRST FLOOR FRONTAGES IN SARATOGA VILLAGE . STAFF RECOMMENDATION: Accept public testimony regarding the draft Interim Ordinance and adopt Interim Ordinance. TITLE OF ORDINANCE: 222 AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON NEW PERSONAL SERVICE BUSINESSES LOCATED ON THE GROUND FLOOR IN THE VILLLAGE AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY Daniel1e Surdin, Administrative Analyst, presented staff report. Analyst Surdin stated that a draft Interim Ordinance prohibiting the estab1ishment of new Personal Services Businesses in the Village has been prepared for Council approval. This ordinance would bar new Personal Service Businesses trom locating in the Village, City Attorney Taylor explained that Personal Service Business include, but are not limited to, hair and nail salons and day spas. The Ordinance could ultimately remain effect for up to two (2) years. . 17 . . . Analyst Surdin stated that adoption of the interim ordinance would provide temporary prohibition on these types of services uses on ground floor spaces in the Village, Such temporary prohibition would allow staff time to research and develop recommendations for Council to consider for potentially regulating Personal Service Businesses in the Village (CH-lICH-2 zones), Councilmember Kline noted that usually he is not in favor of restricting businesses, but the Village is a unique case. Councilmember Kline noted that he would support the ordinance for a limited time only. Councilmember Bogosian stated he would not be supporting this ordinance. Councilmember Bogosian noted that he would like to hear what the property owners think ofthe ordinance and he is not comfortable acting on this ordinance at midnight. Councilmember Bogosian requested that this item be continued only after more noticing has been done, Councilmember King stated that she thinks the interim ordinance would get the property owners attention. Mayor Streit noted that he supports the interim ordinance, Vice Mayor Wa1tonsmith noted that she would the interim ordinance, KlNGfW ALTONSMlTH MOVED TO ADOPT AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON NEW PERSONAL SERVICE BUSINESSES LOCATED ON THE GROUND FLOOR IN THE VILLAGE AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY FOR 45 DAYS. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSED, NEW BUSINESS 8. EXPLORE ANIMAL CONTROL SERVICE OPTIONS STAFF RECOMMENDATION: Accept report and provide staff and Council representative direction. Lorie Tinfow, Assistant City Manager, presented staffreport, Assistant City Manager Tinfow stated that at the October 1, 2003, meeting, staff presented up-to-date cost information related to participating with the SV ACA Joint Powers Authority in the provision of animal control services, Part of the information included news that the Town of Los Gatos was considering alternatives to continuing with SV ACA and the financial effect their withdrawal would have on Saratoga, Council directed the City Manger and Mayor to meet with their Los Gatos counterparts for further discussion, and the Assistant City Manager to contact the City of San Jose for answers to two questions: 1) Does San Jose animal control facility have capacity to handle Saratoga's animals? 2) Is San Jose willing to discuss an arrangement to handle Saratoga's animals? 18 Assistant City Manager Tinfow stated the answer to both questions was "yes", In addition San Jose offered to provide a Letter of Intent regarding their interest including service level( s) and cost estimates. Assistant City Manager Tinfow briefly discussed the meeting between the City of Saratoga and the Town of Los Gatos. . Assistant City Manager Tinfow briefly discussed the questions the City Manager asked the Executive Director of SV ACA. Consensus ofthe City Council to direct staff to move forward in seeking a cost proposal and specific services from the City of San Jose. 9. FIRST AMENDMENT TO SECOND RESTATED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SILICON VALLEY ANIMAL CONTROL AUTHORITY STAFF RECOMMENDATION: Approve and authorize the City Manager to execute agreement. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that at the September 2003 meeting of the Silicon Valley Animal Control Authority (SV ACA) Board, the City of Cupertino explained that their Council did not approve the Second Restated and Amended Joint Exercise of Powers Agreement Creating SV ACA because of budget concerns, . Assistant City Manager Tinfow explained that specifically they remain concerned about the potential for the JP A to force Member Agencies to contribute to shelter construction activities against their will. Cupertino expressed the same concern last year and a provision that provided protection against JP A taking unilateral action was added in April 2003. That same provision had not been included in the restated agreement. Because Cupertino remains a member agency until June 30, 2004, and because without their approval the new JP A agreement cannot go into effect, the SV ACA Board approved the attached amendment. With the amendment, each City retains control over total dollar committed to SV ACA, BOGOSIAN/KLINE MOVED TO APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT. MOTION PASSED 5-0. 10. DEVELOPMENT OF VILLAGE AD-HOC COMMITTEE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow that the Vi1Iage continues to struggle to retain businesses and attract customers, Assistant City Manager stated that the City has taken a number of steps to help and briefly described those steps. 19 . e e e Assistant City Manager Tinfow stated that an ad-hoc committee typically has two City Councilmembers who serve along with appropriate staff and relevant community members- in this case Village business owners and lor the Chamber of Commerce, Assistant City manger Tinfow stated that should Council proceed with creating a Village Improvement Ad-Hoc Committee, staff requests direction in the following areas: · Determine City Council participation · Determine any involvement of the business community andlor any criteria to determine who should participate · Set goals and a timeline for the committee · Clarify any additional constraints or direction for the committee Consensus of the City Council to appoint Councilmember King and Councilmember Kline to the Village Ad-Hoc Committee and direct staff to return to Council with a report including mission statement, goals, and potential membership of such committee. COMMISSION ASSIGNMENT REPORTS Mayor Streit reported the following information: Heritage Preservation Commission - working with the architect on the Master Plan for the Heritage Park. Vice Mayor Waltonsmith reported the following information: Arts Commission - announced that they have a new exhibit in the library, Councilmember King reported the following information: Public Safetv Commission - at the last meeting the PSC received input trom neighbors regarding safety issues on Pierce Road. Councilmember Kline had no reportable information, Councilmember Bogosian had no reportable information. CITY COUNCIL ITEMS Councilmember King announced that Supervisor Liz Knis would be holding a Town Hall meeting on October 23,2003 at 6:00 p,m. In regards to the legislative redistricting that took place in 2002, Councilmember Kline requested that a discussion of redistricting be placed on a future agenda. Consensus of the City Council to support Councilmember Kline's request 20 OTHER None CITY MANAGER'S REPORT e City Manager Anderson reported that ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 12:40 a.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk e e 21 . . . SARATOGA CITY COUNCIL MEETING DATE: December 17, 2003 ORIGINATING DEPT: Cih' Manager's Office PREPARED BY~~,U~ Ann Sullivan, Deputy City Clerk SUBJECT: City Council Minutes RECOMMENDED ACTlON(S): Approve minutes. REPORT SUMMARY: AGENDA ITEM: CITY MANAGER: DEPT HEAD: Approve minutes as submitted for the following City Council Meeting: Regular meeting - November 5, 2003. FISCAL IMPACTS: N/A /13 -0--7 CY ---- CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S): N/A ALTERNATIVE ACTlON(S): N/A FOLLOW UP ACTION(S): Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A: Minutes November 5,2003. MINUTES SARATOGA CITY COUNCIL NOVEMBER 5, 2003 e The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. MAYOR'S REPORT ON CLOSED SESSION -7:00 p.m. Mayor Streit reported there were no reportable items. Mayor Streit caned the Regular City Council meeting to order at 7:00 p.m, and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: None e ALSO PRESENT: Dave Anderson, City Manager Lone Tinfow, Assistant City Manager Richard Taylor, City Attorney Ann Sullivan, Deputy City Clerk Tom Sullivan, Community Development Director Christy Oosterhous, Associate Planner John Cherbone, Public Works Director Morgan Kessler, Assistant Engineer REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 5, 2003 Ann Sullivan, Deputy City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 5, 2003 was properly posted on October 31,2003. e COMMUNICATIONS FROM COMMISSIONS & PUBLIC e ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Bill Witmer gave a brief history of the DeAnzalPG&E Trail starting with a Feasibility Study that was done in 2001. Mr. Witmer presented the Council with a petition of 168 signatures objecting to the proposed Saratoga Trail Corridor and urged Council to reconsider their decision to begin studies on the development of the Trail. Donna Poppenhagen spoke to the Council on the proposed DeAnza/PG&E Trail noting her opposition to the Trail. She also noted she, along with many others, did not receive prior notification of the meeting during which the proposed Trail would be discussed. Cecilia Bulich spoke to the Council on the proposed DeAnza/PG&E Trail noting how many homes she and her husband previewed before they purchased in Saratoga. She stated the freeway noise from Highway 85 is enough to contend with and the City landfill should not add in additional noise with the development ofthe Trail. The money should be used where it is needed and not foolishly spent. e Bert Martel addressed the Council on the health issues regarding the temporary stockpile at West Valley College, He stated he lives near this stockpile and is concerned about toxic elements from dust and potential lung disease. He provided the Council with copies of an article from the San Jose Mercury News pertaining to dangers associated with breathing dust. Jack Palmtag addressed the Council on the proposed DeAnza/PG&E Trail and his concern about dol1ars already spent on studies of the Trail and proposed development of the Trail. Bob Wallace asked the Council to put the removal of the Comer Debris Dam on the agenda. He stated the Water District told him they would remove it this fall and now they are saying removal is 10 years away. He wants Council to agendize it so discussion and action can occur. COMMUNICATIONS FROM COMMISSIONS None WRITTEN COMMUNICATIONS None e COUNCIL DIRECTION TO STAFF Councilmember Stan Bogosian noted he wants to be sure that each resident along the Trail easement receives proper notification of the next Trail discussion, which is scheduled for the meeting on November 19th He also asked that the Comer Debris Darn 2 item be placed on the Agenda and that the neighbors along the stream set below this Dam be notified for the same reasons that the neighbors on the Trail be notified. Vice Mayor Ann Waltonsmith agreed with Councilmember Bogosian but wanted to add that a site visit be scheduled for the Comer Dam. . Councilmember Kathleen King wanted clarification about who will be notified. She noted that since the Trail project affects the whole City, everyone should be notified. Councilmember Norman Kline stated that many ofthe people most affected by the Trail didn't get notified for some reason and wanted to know what happened. City Manager Dave Anderson stated staff had sent out a postcard to aliI 0,000 residents in Saratoga and that almost always someone indicates they did not receive notification, for whatever reason. He noted staff would do their best efforts in whatever direction Council gives in terms of notification on this issue. Vice Mayor Waltonsmith stated she feels everyone should be notified. Councilmember Bogosian sees no reason why we can't notify residents whose property abuts the Trail through a formal noticing procedure just like when a neighbor is doing a remodel and it goes to the Planning Commission. The kind of formal notice with the Seal of Saratoga on the envelope because it directly affects the neighbors. He noted that if you want to do a Citywide mailing to increase the debate in a democracy, that's fine, Councilmember King agreed with Councilmember Bogosian that the Trail affects the entire City and supports notifying everyone. . Vice Mayor Waltonsmith noted her support that everyone gets notified. Councilmember Kline then stated we send a notice to everyone using a postcard with a City logo on it as well as sending a special notice to the neighbors affected by the development ofthe Trail. He then asked what the notification distance would be - 500 feet, a thousand? Mayor Streit noted it would be the standard procedure - mailing to all households within 500 feet. Councilmember Kline wanted to clarify to everyone listening that no plan has been approved, no Trail has been approved and if you have heard differently, it is wrong. All that has been approved is to move ahead on the project - not approval of the Trail. Mayor Streit noted the City would send a post card to all residents and letters to the neighbors along the Trail. Discussion took place regarding mailing deadline. ANNOUNCEMENTS None CEREMONIAL ITEMS . 3 . . . IA PROCLAMATION DECLARING THE WEEK OF November 16 -22, 2003 as "HUNGER AND HOMELESSNESS AWARENESS WEEK" STAFF RECOMMENDATION: Present proclamation. Mayor Streit read the proclamation and presented it to Robert Dolce representing the Emergency Housing Consortium. CONSENT CALENDAR 2A REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. W ALTONSMITH/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0 2B. PLANNING ACTION MINUTES - OCTOBER 8, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITHlKLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0 2C. MODIFICATIONS OF SETION 218 AGREEMENT - MEDICARE COVERAGE FOR EMPLOYEES HIRED PRIOR TO APRIL 1, 1986 STAFF RECOMMENDATION: Adopt Resolution. TITLE OF RESOLUTION: 03-068 W ALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION WITH MODIFICATIONS OF SECTION 218 AGREEMENT-MEDICARE COVERAGE FOR EMPLOYEES HIRED PRIOR TO APRIL 1, 1986. MOTION PASSED 5-0 2D. RESOLUTION OF INTENT TO AMEND SUBDIVISION REGULATIONS RELATING TO STORM WATER MANAGEMENT STAFF RECOMMENDATION: Adopt Resolution. TITLE OF RESOLUTION: 03-069 W ALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION OF INTENT TO AMEND SUBDIVISION REGULATIONS RELATING TO STORM 4 WATER MANAGEMENT. MOTION PASSED 5-0 2E DESIGN SERVICES FOR CITY OF SARATOGA'S HISTORICAL PARK MASTER PLAN . STAFF RECOMMENDATION: Approve amendment to existing contract with Greg Jng and Associates; authorize City Manager to execute amended contract. W ALTONSMITH/KLINE MOVED TO APPROVE AMENDMENT TO EXISTING CONTRACT WITH GREG ING AND ASSOCIATES; AUTHORIZE CITY MANAGAER TO EXECUTE AMENDED CONTRACT. MOTION PASSED 5-0 2F STATUS OF TREE PROTECTiON FENCING AT 124480 OAK PLACE (Cutler) NOTE: Address correction for above noted address. Address should read 14480 Oak Place. STAFF RECOMMENDATION: Accept Report. Citizen Alan King addressed the Council stating the City Staff Report indicates the Tree Protection Fences are in place. He noted they are not and feels there is an error in the City Staff Report, He noted there was a lame plastic fence that went out about 5 ft. out from tree; jt has collapsed and never went out to drip Hne of trees and cars are parked on it daily, including today, Councilmember Kline asked for staff clarification whether or not cars are being parked under the tree - or on top ofthe protection fences. Director Tom Sullivan explained staffreport was based on site visits ITom Code Enforcement. He noted the tree protection fences go up and down with the traffic. If the City receives a call complaining that vehicles are parked under the tree, they respond to it. . W ALTONSMITH/BOGOSIAN MOVED TO ACCEPT STATUS OF TREE PROTECTION FENCING AT 14480 OAK PLACE (CUTLER) WITH THE PROVISION THAT CITIZENS ARE URGED TO CALL THE CITY WHEN THEY SEE THE TREE PROTECTION FENCES DOWN. MOTION PASSED 5-0. 2G 2002 PAVEMENT MANAGEMENT PROGRAM - NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept Notice of Completion. W ALTONSMITH/KING MOVED TO ACCEPT NOTICE OF COMPLETION. MOTION PASSED 5-0 . 5 . . . 2H COUNCIL RESOLUTION TO ENDORSE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY'S COMMUNITY DESIGN AND TRANSPORTATION (CDT) PROGRAM STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-070 Councilmember Bogosian requested Item 2H be removed ITom the Consent Calendar. His concern was that Saratoga's land-use authority may become infìinged upon by some type of Board and affect Saratoga's ability to get grants. Chris Augustine, Santa Clara Valley Transportation Authority representative, responded to Councilmemember Bogosian that by endorsing the program it would in no way compromise the City's ability to make land-use decisions. He noted that every city and town in the County has already endorsed the program with the exception of Saratoga. He stated there are three new grant r,md programs attached to this program and proceeded to explain what they were. KlNG/KLINE MOVED TO ADOPT RESOLUTION TO ENDORSE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY'S COMMUNITY DESIGN AND TRANSPORTATION (CDT) PROGRAM. MOTION PASSED 5-0. PUBLIC HEARINGS 3. APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A USE PERMIT APPLICATION TO INSTALL SIX PANEL ANTENNAS AND AN UNCOVERED EQUIPMENT ENCLOSURE AT THE LOCATION OF AN EXISTING UTILITY LATTICE TOWER NEAR CONGRESS SPRINGS PARK ALONG THE RAILROAD TRACKS AT GLEN BRAE AND CHARDONNAY COURT. STAFF RECOMMENDATION: Conduct public hearing and adopt resolution, TITLE OF RESOLUTION: 03-071 Christy Oosterhous, Associate Planner, presented staff report. Associate Planner Oosterhous explained that at the September 17, 2003 Council Meeting, the City Clerk was directed by the Council to initiate the review of a conditional approval use pennit decision made by the Planning Commission, She stated that in an attempt to address the Council's concerns, the Applicant has revised the project plans. Revisions include a covered equipment enclosure almost identical in appearance to the existing structure located on the site. Mayor Streit opened the public hearing and invited public comments. Mayor Streit stated that since the City is the Appellant, we would go first He also 6 noted that the City's concern had nothing to do with the ceIl site aspect, ceIlular towers or communications; it was the location of this site - near Congress Springs Park and the proposal to instaIl an open air enclosure with 7ft. wall with all the equipment inside. He noted there already exists a utility lattice tower along the railroad tracks next to Congress Springs Park. He was concerned that there could be a safety issue with regard to children playing at Congress Springs Park and possibly climbing up inside the waIl. The other issue was aesthetics - two different structures with two different appearances, He was also concerned about the landscaping proposal. He noted that AT & T has addressed the safety and aesthetics issues and has revised their plans to include a sealed building to house their equipment that wiIl match the appearance of the already existing utility tower. . Rich Hildebrand, AT & T Wireless representative, addressed the Council confirming Mayor Streits comments that AT & T will be matching the existing building at the site. Cheriel Jensen noted she lives on Quito Road near the other wireless tower in the community and stated the landscaping at that location is a joke, She feels the aesthetics they were trying to achieve, didn't work. She also wanted to remind everyone of the dangers of the open microwaves to little children playing near Congress Springs Park. Mayor Streit closed the public hearing. Vice Mayor Waltonsmith added the landscaping isn't bad in just that area, it's bad all along Saratoga/Sunnyvale Road also. . Councilmember Bogosian responded to Cheriel Jensen's comments noting that Federal Regulations limit the City's control over aesthetic concerns and that we don't have the ability legally to discuss or consider the health aspects of these instaIlations based on FCC regulations, but he appreciated her input. He stated he was prepared to support the application. Mayor Streit noted he agreed with Cheriel Jensen that the landscaping on Cox and Quito was far less than the City had expected. He commended Christy Oosterhous for working with AT & T to assure the landscaping would be more substantial. W ALTONSMITHlKLINE MOVED TO ADOPT RESOLUTION UPHOLDING THE PLANNING COMMISSIONS DECISION WITH THE APPROPRIATE AMMENDMENTS. MOTION PASSED 5-0 4. FIVE YEAR (2001-2006) CAPITAL IMPROVEMENT PLAN - FISCAL YEAR 2003/2004 UPDATE STAFF RECOMMENDATION Adopt resolution amending 2001-2006 CIP Budget reflecting Council direction from the October 15, 2003, City Council meeting; Consider additional candidate CIP Projects as listed in the report and review Projects in the adopted CIP and amend their funding levels if desired; Open the Public Hearing for the F.Y. 03/04 7 . . CIP Update; Consider funding levels for candidate CIP Projects approved by the City Council for inclusion in the F.Y. 03/04 CIP Update; Continue Public Hearing to the December 17, 2004 (date correction December 17, 2003), City Council meeting to allow the appropriate review approval of the Updated 2001/2006 CIP. TITLE OF RESOLUTION: 03-072 John Cherbone, Public Works Director, presented staff report. Director Cherbone called Council's attention to Recommended Action No.5 to please change the date trom December 17, 2004 to December 17, 2003, He then proceeded to go over the CIP process stating that this meeting was the second stage of the process; the first process began at the October 15,2003 City Council Meeting where the Council approved new CIP projects for funding consideration and amended the CIP Budget. The main focus ofthe second stage of the CIP process is to open the Public Heming to allow for public input on the CIP and for City Councillo establish funding levels for the new CIP project. Director Cherbone noted that if Council desires, funding levels established tonight for individual projects can be modified at any time during the process. Director Cherbone noted the third stage of the CIP process involves the submission of the new CIP project candidates to the Planning Commission for General Plan and Environmental Review, which is scheduled for December 10, 2003, He noted the last stage of the CIP process will begin on December 17,2003 at the City Council Meeting where the Public Hearing will continue and culminating with the final adoption of the new CIP projects by City Council. . Director Cherbone stated staff recommends that Council approve the Resolution which amends the CIP Budget in connection with direction staff received at the October 15th meeting, and he recommended Council should consider any additional funding changes to the Adopted CIP Projects. Mayor Streit started with Item 1 - Adopt Resolution amending 2001-2006 CIP Budget on October 15, 2003 meeting. W ALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION AMENDING THE 2001-2006 MULTIPLE YEAR CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET MOTION PASSED 5-0 Director Cherbone noted that this would be a good time to make any additional changes to the CIP Proj ects that have been adopted by Council. Vice Mayor Waltonsmith commented that the Saratoga Community Foundation has been meeting and are considering coming back to the City to ask for some seed money in the amount of$25,000, She questioned if this was really a CIP Project, but didn't know where else the funds would come from, . City Manager Dave Anderson stated Council Contingency or un-obligated General Fund money would work as well. Mayor Streit asked if there were any comments on adding the matching $25,000 to the Community Foundation. 8 Councilmember Kline stated he didn't feel it was a CIP project. Mayor Streit agreed they needed to find another funding mechanism, Discussion occurred as to whether there were other projects that didn't qualify as CIP projects. . Mayor Streit noted he has one issue about partially de- funding a project and that would be the SV ACA Project. He stated that $710,000 is budgeted. Current options require a contribution of$300,000. Mayor Streit recommended that Council reduce funding rrom $710,000 down to $300,000, and rree up $410,000 for additional CIP projects. Councilmember Kline agreed. Counciimember Bogosian noted in regards to the SV ACA project - the $710,000 was Saratoga's up front proportional share, should the City decide to participate in a Joint Powers construction of a shelter, and assumed the shelter wasn't financed. In the interim the SV ACA Board has opted for a financing arrangement. Financing would rree up the amount of money the Mayor is talking about and allows the City the flexibility of participating with SV ACA, or pursuing other options, such as contract services. He stated he would support it. Mayor Streit asked the City Attorney if they needed a motion on that to move $410,000 or just direction. City Attorney Richard Taylor stated they could go with direction only. . Mayor Streit asked if it was okay with Council to decrease SV ACA funding in CIP from $710,000 to $300,000 and add $410,000 to total un-allocated funds. Mayor Streit asked Director Cherbone to finish his report so they could then go to Public Hearing. Director Cherbone proceeded with his report regarding the status of CIP funds. He noted Council adopted a Budget Resolution on October 15th which created an un- obligated CIP Fund balance of$555,133 in addition to the $23,292 in unspent funds rrom completed CIP projects that were made available when Council approved the adoption ofthe Resolution at tonight's meeting; plus $49,710 made available rrom CIP Projects originally in the operating budget that were over funded when they were transferred to the CIP. In addition to those, the State of California Department of Parks and Recreation recently forwarded a letter to staff stating the City's allocation of 2002 Bond Act Funds in the amount of$302,454 will be made available to the City. This is an outcome ofthe passage of Proposition 40, These funds can only be used for park projects. These resources, plus the $410,00 Council just directed staff to un-obligate, brings the total available funds for CIP Projects to $1,340,589.00. . Councilmember King asked Director Cherbone if he knew if the City was getting their share of Proposition 40, 9 . Director Cherbone stated every City was getting their proportional amount based on a per capita formula. He noted there are some grant funds that are included in the bond that the City can apply for and staff is investigating. Vice Mayor Waltonsmith asked Director Cherbone for clarification of the total funds currently available for new or existing CIP Projects. Director Cherbone reiterated - $1,340,589. Director Cherbone continued presenting staffreport regarding the approved CIP projects that Council directed to be placed on the Candidate List at the October 15th Council Meeting. Director Cherbone stated he wanted to begin with the introduction of 5 additional Candidate Projects submitted by the Facilities Maintenance Division: o Civic Theater Lower Perimeter Re-Roof @ $49,500 o Civic Center Eave Replacement - Community DevelopmentlEngineering @$17,600 o Civic Center HV AC Duct Improvements - City Manager/Administration @ $8,250 o Civic Center Re-Roof - City Manager/Administration @ $55;540 o Civic Center Re-Roof - Community Development/Engineering @ $91,080 Of these 5 projects staff places a higher priority on the first two; on the Civic Theater Lower Re- Roof and the Civic-Center Eave Replacement - Community DevelopmentlEngineering Building. . Mayor Streit asked if that was because the other three are planned to be completed long term, Director Cherbone confirmed they are in a 5-year facility maintenance plan. In terms of funding they can be funded in out-years in the new 5-year CIP or if Council decides to develop a sinking fund. Councilmember Bogosian questioned where the eave replacement was - this building (the Theater which is the older building) or the building which is right next to us. Director Cherbone stated it is the eaves on the older building, which is the Building/Engineering Department Councilmember Bogosian asked about eave replacement on this (Civic Theater) building. Director Cherbone stated the lower roof portion needs to be replaced on the Civic Theater. . Councilmember King commented about energy costs and insulation consideration in the re-roofing of the buildings. City Manager Dave Anderson noted that approximately two years ago the City went through a complete energy audit and replaced many lights, insulation, etc., and we are addressing the issue. 10 Councilmember King indicated that if we fund this project, we specificaIly look at new approaches to insulation in order to be more energy conscious. Director Cherbone indicated they would invite Facility Maintenance to come back with a memo or to attend in person at the next meeting in order to address those concerns. . Councilmember Bogosian commented on the mold smell he has noticed in the small adjoining room (Engineering Conference Room) of the Theater building when there is a high humidity level. He wanted to know if the smell has anything to do with the eave situation, and is this money that is to be appropriated going to include the cleaning of any ceiling materials or anything that we might discover once the ceiling is removed. Director Cherbone noted there is on the over-hangs and the eaves that you walk under and that may be the cause of the smelL He also stated that interior work would not be included in this specific project. Councilmember Bogosian asked if they would make an effort to explore where the water flows and if it has gone further into the building. Councilmember King noted that PG&E has a program available where they will come in and do this type of work. Director Cherbone thanked her and said he would pass that infonnation on to Joan Pisani, Director ofRecreation/Facilities. . Mayor Streit commented that all the new roofs that are being installed are the white-reflective, very sealed roofs, and are very energy efficient. Vice Mayor Waltonsmith asked Director Cherbone if we could tap into any rebates. Director Cherbone said they would if these types of rebates were applicable and available. Director Chebone then briefly went over the new projects, which Council had already placed on the Candidate List for consideration. New CIP Projects: o Village Façade Matching Fund @ $50,000 o Children's Amphitheater @ $60,500 o Foothill School Joint Improvements @ $27,500 o Blaney Plaza Improvements - Construction Phase @ $121,000 o Fire Alann System for Historical Park Buildings @ $7,425 o Repair Work to Trail Segment #3 ("Tank Trail") @ $16,500 o SobeyRoadlQuito Road Traffic Improvements @ $150,000 o Norton Road Fire Access Road @ $110,000 o Aloha Street Safety Improvements @ $49,500 o North Campus Improvements (Fellowship Hall) @ $151,800 o Odd Fellows Trail Development @ $60,500 11 . e o San Marcos Open Space Trail @ $27,500 o New City "Gateway" Monument Signs @ $17,500 Adopted Unfunded CIP Projects: o Park/Trail Repairs @ $30,000 o Kevin Moran Park Improvements @ $400,000 o Median Repairs (Landscaping/Irrigation) @ $82,500 Grand Total including the 5 additional Candidate projects submitted by the Facilities Department is $1,584,195. There was continued discussion on various projects Councilmember Kline wanted to clarifY for the members of the audience that Council is basically approving funding for projects that have not really been approved. Just because funding is approved, doesn't mean they are necessarily approving the project. Councilmember Kline raised the concern about items such as the Odd Fellows Trail, San Marcos Open Space Trail, and the Gateway Signs. These are all great projects, however he would like to see a contingency fund built in the CIP for projects that come up. e Mayor Streit noted that a project has to be listed in order for it to go to the Pla!ll1ing Commission and the Environmental Impact considered. You can take whatever projects you want, not put any dollars on it, send it through the Planning Commission and when they come back to Council on the 19th, then they could add dollars to get them designed and see what would happen. Just because we have a million three forty, doesn't mean we have to spend a million three forty tonight. The proj ects have to stay on the list tonight in order to go through the Planning Commission to get approved. City Attorney Taylor noted that this is not a commitment that you are going to spend the money, it is simply how you are allocating pla!ll1ing resources. Councilmember King brought up the Foothill Fields item and that they may be a way to work that funding through A YSO, Director Cherbone noted that if Council wanted to place that project into the purview of A YSO sports-user group they could do that. A YSO, along with the help of the City in terms of facilitation and project management, could come up with the funding for that project. Removal is an option if Council wants to go about that proj ect in a different manner. After continued discussion, it was agreed by Council to remove the first three project items rrom the new and adopted unfunded CIP Projects approved for funding consideration. . Mayor Streit opened the public hearing and invited public comments. Anne Sanquini commented on the Parks and Trails Programs for the City. She spoke in favor of the Odd Fellows Trail development. 12 Laura Watkins addressed the Council in support of having Kevin Moran Park in the budget and urged them to consider provisions for soccer field use. Denise Michel asked the Council for their support in providing a pedestrian- activated light at the crosswalk of Highway 9 and Oak Street. She stated the crosswalk light is supported by both the Village Green Neighborhood and the Oak Street Neighborhood. It is referred to as the "Crosswalk of Terror" because of the dangers associated with this crosswalk. She stated a member of the Men's Club was struck by a car while in this crosswalk and because of that the Men's Club now hires a Sheriff to ensure that cars stop when they use the crosswalk at Highway 9. e Isabelle Styslinger addressed the Council regarding the crosswalk at Highway 9 and Oak Street and asked the Council to provide a pedestrian-activated light at the crosswalk. Councilmember King asked Ms. Stysiínger if a crossing guard would work at this crosswalk, as there is funding available for that. Ms. Styslinger stated that the school district has been asked to put crossing guards at this crosswalk; they refused due to the unsafe conditions at this crosswalk. ' Bryan Rosevear spoke in favor of a pedestrian-activated light at this crosswalk. He also noted that ¡fthere were a light at this crosswalk more people would walk their children to Oak Street School rather than drive, He stated this was a public safety issue. James Kardach asked the Council to provide funds for a pedestrian-activated light at the Highway 9/0ak Street crosswalk. e John Schmelzer addressed the Council on organized sports for children and the need for the development of Kevin Moran Park and soccer fields in the community. Dennis Fanner voiced his support for the development of Kevin Moran Park, walking trails and soccer fields. Howard Miller noted his support of Kevin Moran Park and more soccer fields. Fred Nourzad noted he is in favor of the development of Kevin Moran Park and additional soccer field space. Hadi Ghafouri spoke in favor ofthe development of Kevin Moran Park and soccer fields. Steve Young spoke in favor ofthe development of Kevin Moran Park and additional soccer fidds. Anthony Hoffman spoke regarding the development of Kevin Moran Park and the traffic and safety issues in that area. Whatever development takes place, uppennost consideration should be the safety of the people using the park. e Cheriel Jensen addressed the Council regarding underground power lines in the 13 community and asked Council to consider CIP funding for this purpose. e Marty Goldberg addressed the Council regarding Kevin Moran Park. He felt it is important the City work with the residents regarding the development of this park and the people who would be impacted before and after the activities planned for the park and to seek public commentary. He also noted this is an Improvement Plan and the City needs to keep that in mind as they move forward on this park. Councilmember King asked Mr. Goldberg if he was volunteering as a neighbor in that area, if the Council moves forward with development of Kevin Moran Park. Mr. Goldberg indicated that he was, Steve Clapp added his support of Kevin Moran Park as well as soccer fields. Rosanne Spencer voiced her support of soccer fields and Kevin Moran Park. James Lustenader spoke in support of Kevin Moran Park and additional soccer fields. e Elaine Clabeaux spoke regarding the interest in soccer fields at Kevin Moran Park. She noted that residents stated that Redwood, Quito and Congress Springs Parks would be sufficient for A YSO soccer. She feels the City has other needs along with the soccer field needs as well; a youth center for youth to meet and have youth activities. She feels if the City wants to spend the money on the development of soccer fields, we need to look at the least expensive and most logical method and not have people stating the fields should be put in Kevin Moran Park. Flat grass for soccer practice and fields for soccer play are two different entities. She noted the North Campus would be ideal for flat grass practice fields with parking facilities already included. She also noted facilities at West Valley College need to be explored as welL She suggested that if Council is going to put forth $400,000 toward developing Kevin Moran Park it should be done in the manner that other parks were developed; it should go to a Task Force, and the Task Force should come up with a list of desirable items that should go into a park. Sheila Penuen spoke in support of A YSO and CYSA Soccer and the need for additional soccer fields, Mayor Streit closed the public hearing, Further discussion occurred by Council regarding Highway 9 and Oak Street crosswalk concerns, Mayor Streit noted the crosswalk issue would be brought back at the next meeting or the meeting thereafter, and then to the Public Safety Commission. e Discussion took place regarding the suggestion to budget for underground power ljnes. Discussion took place on the cost of a skateboard park. 14 Discussion occurred regarding youth activities and the need for a piece of property for youth facilities, not only for flat grass and soccer fields, After additional discussion it was concluded that by removing the last three new CIP projects that have not already been approved for funding consideration - the Civic Center HV AC improvements, Civic Center re-roof for Administration and Community Development/Engineering re-roof - until the next CIP, along with the Children's Amphitheater and Foothill School Joint Improvements (Field Improvements) the Council would achieve a balanced budget and could approve the CIP budget. e W ALTONSMITH/KLINE MOVED THAT COUNCIL SEND THE CIP WITH ELEMENTS DISCUSSED TO THE PLANNING COMMISSION AND THE PUBLIC HEARING BE CONTINUED TO DECEMBER 17, 2003. MOTION PASSED 5-0. Mayor Streit declared a 10-minute break at 9:25 p.m. Mayor Streit reconvened the meeting at 9:40 p.m. 5. ZONING ORDINANCE AMENDMENT - REVISIONS TO ARTICLE 15-06 DEFINITIONS STAFF RECOMMENDATION: Conduct Public Hearing; grant first reading. e TITLE OF RESOLUTION: 03-073 Tom Sullivan, Community Development Director, presented staff report. In an on going effort to make the City of Saratoga processes and ordinances consistent with one another, Staff is presenting to the City Council a set of amendments to the Definitions section of the Zoning Ordinance. This section was selected as the next major update, as it is one of the most widely used portions of the Saratoga City Code, Councilmember Bogosian asked Director Sullivan for clarification on the definition of fences as to whether or not hedges, vegetation or rows of trees could become "fences". Director Sullivan stated no they do not. The only place it becomes an issue is in the line of sight triangle at an intersection. Next Councilmember Bogosian referred to sub section "F" on page 14 of24 and asked for clarification on the wording - "May I sign or designate lot lines for irregular shaped parcels?" . Director Sullivan explained that under City Code the Director of Community Development can assign front, side and rear lot frontages. As a practical matter, 15 . . . the Director meets with planners and applicant to discuss and assign front, side and rear lines on irregular shaped lots or hillside parcels, Cow1Cilmember Bogosian referred to page 22 of24 regarding setbacks and physical variance grants versus use variance. He asked Director Sullivan to clarify if this is the only kind of variance that the City grants in the planning process, Director Sullivan responded yes, it is. Councilmember Waltonsmith asked Director Sullivan if the word "Equestrian" could please be replaced with "Equines" through out the document. Director Sullivan responded yes, he would do that. Mayor Streit opened the public hearing. No members of public requested opportunity to speak. Mayor Streit closed the public hearing. W ALTONSMITH/BOGOSIAN MOVED TO APPROVE FIRST READING OF PROPOSED ORDINANCE AS AMENDED AND THE NEGATIVE DECLARATION. MOTION PASSED 5-0 6. CONSIDERATION OF PROPOSED ORDINANCE REGARDING TOWING AND REMOVAL OF BOATS, TRAILERS AND INOPERATIVE MOTOR VEHICLE FROM PRIVATE AND PUBLIC PROPERTY STAFF RECOMMENDATION: Conduct Public Hearing; read title of proposed ordinance; waive reading of full ordinance; direct staffto place ordinance on consent calendar for second reading. Tom Sullivan, Commnnity Development Director, presented staff report, Staff presents a proposed ordinance amending the City Code regarding towing and removal of boats , trailers and inoperative motor vehicles from private or public property, The Code currently authorizes towing under appropriate circumstances. This ordinance would update the Code to confonn to state law and recent court decisions, Mayor Streit opened the public hearing. Mayor Streit closed the public hearing. BOGOSIAN/W ALTONSMITH MOVED TO WAIVE FIRST READING AND TO BE PLACED ON CONSENT CALENDAR FOR VOTE. MOTION PASSED 5-0 16 OLD BUSINESS 7. CITY/SCHOOL ADHOC COMMITTEE STAFF RECOMMENDATION: Accept report and direct staff accordingly. . Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that at the February 2003 City Council Retreat, Council approved the fonnation of the City/Schools Adhoc Committee to improve the communications between the seven school districts and two private schools. On October 28, 2003, Mayor Nick Streit, Councilmember Kathleen King and City Manager Dave Anderson met to establish goals and mission of the Committee, City Attorney Richard Taylor clarified what the tenn "Adhoc Committee" means. The Adhoc Committee consists of two Council Members - Mayor Nick Streit, Kathleen King and non-voting member, Dave Anderson. Their goal is to work with a representative from the Saratoga Library, the Sheriffs Office and a member from the general community to identify issues that are important to the schools and the community. Councilmember Bogosian noted that he felt the Council should address specific issues with each school such as transportation, traffic, and circulation. Councilmember King noted it is important that the Committee first build a rapport with each school and based on the large number of schools involved, it would be difficult to accomplish more than that in the first year, . Mayor Streit conculTed with Councilmember Bogosian in one aspect - traffic issues. He noted that some schools in some ofthe districts worked very we]] with the City in aIleviating traffic problems and other districts have not. He felt that one of the goals of the Committee is to learn the best practices from those districts that are working coIlectively and to open the lines of communication between those districts that are not working we]] with the City to aIleviate traffic and transportation problems. Councilmember Kline noted that this Committee should interface with the school districts and bring back to Council relevant actions, Consensus of the City Council regarding the Adhoc Committee's first-year goal is for the Committee members to meet with participants from all the school districts in Saratoga and present the Committee's goals and mission. 8. SARATOGA HISTORIC MUSEUM IMPROVEMENTS STAFF RECOMMENDATION: Accept report and detennine project scope and funding source. . Dave Anderson, City Manager, presented staff report, 17 . . . City Manager Dave Anderson explained that at the October 15, City Council meeting, City Council directed staffto remove the Historical Museum Improvement project trom the list of candidate CIP projects. This occurred because ofthe desire to move forward with the project independently of the CIP process in light of the impending improvements scheduled for the Museum and the immediate need for additional funding for those improvements. Warren Heid, Architect, addressed the Council on the proposed Museum improvements and presented Council with a handout depicting the additional costs to upgrade the siding material specified for the addition to the Museum so that it would match the existing wood siding, After additional discussion Councilmember Bogosian moved for approval to appropriate $5,000 ITom the Council Contingency Fund for the siding upgrade. Councilmember King indicated the amount funded from the Council Contingency Fund should be higher and suggested the 10% funding so they wouldn't come up short. Consensus of the City Council to appropriate $5,500 trom the Council Contingency Fund for siding upgrade. 9. SARATOGA CIVIC CENTER FIRE ALARM PROJECT STAFF RECOMMENDATION: Declare Omnitronics, Inc. to be the lowest bidder; award contract; authorize change orders up to $4,800. Morgan Kessler, Public Works Assistant Engineer, presented staff report. Assistant Engineer Kessler explained that a total of three contractors submitted bids for the Civic Center Fire Alarm Project. He noted that funding of $48,100.00 in City resources was currently available and $5,645.00 in Grant funds, totaling 53,745.00. He noted this amount is less than the lowest bid for the complete project. He further stated that priority was given to the Civic Center AdministrationIPlanning buildings and the Civic Theater, reducing the total bid to $47,435.00. Councilmember King questioned whether there would be an effect on the fire insurance costs ifthe Warner Hutton House and Corporation Yard are not covered with this fire alarm system. Vice Mayor Waltonsmith recommended that Council go forward with what they can afford right now, with the provision that staff bring back the information on the insurance cost. Consensus of the City Council to accept recommended action to award Omnitronics, Inc. the project contract and authorize change orders up to $4,800. 18 NEW BUSINESS 10. USE OF ADULT CARE CENTER FOR TELEVISED COUNCIL MEETINGS . STAFF RECOMMENDATION: Accept report and direct staff accordingly, Dave Anderson, City Manager, presented staff report. City Manager Dave Anderson explained that in past years the Adult Care Center had been used for Adjourned Meetings (meetings with various Boards and Commissions) every other Tuesday for the first six months of the calendar year. Since the Adjourned Meetings are no longer held in this manner in the Adult Care Center, KSAR has made an inquiry as to whether they should upgrade, abandon, or pull out the existing video equipment in the Aduit Care Center. Mayor Streit noted that some of the equipment such as the mixers, have already been pulled out and are being used in the Council Chambers, but could be reinstalled in the Adult Care Center. Councilmember Bogosian noted that it doesn't cost anything and since the space is already set up for a televised meeting, why not leave it alone. Councilmembers Waltonsmith and Kline concurred with Bogosian. . I L PROPOSED CITY COUNCIL MEETING CALENDAR FOR 2004 STAFF RECOMMENDATION: Accept report; and direct staff accordingly. Deputy City Clerk Ann Sullivan presented staff report. Deputy Sullivan noted that the draft City Council Meeting Calendar for 2004 had specific items that needed direction fÌom the CounciL Scheduling of the CounciVCommission Joint Meetings and the Council Retreat for 2004. Deputy Sullivan noted suggested dates were January 24,2004 for the Commission/Council Retreat and February 7,2004 for Council/StaffRetreat. Council dialogue took place noting various options in regards to the Commission meetings. Suggestions included reverting back to the first and third Tuesday of the month, a specific Commission scheduled first and third Wednesday of each month prior to Closed Session, or start Closed Session earlier and schedule a Commission to meet with Council prior to the Council Meeting. Consensus of the City Council was to schedule the Council Retreat for January 24, 2004 and to schedule each Commission, one at a time, to meet with Council prior to regular Council meetings starting with the first Council Meeting in January. . 19 . . . AGENCY ASSIGNMENT REPORTS Mayor Streit reported that Hakone Foundation is going well and had no other reportable infonnation. Vice Mayor Waltonsmith reported the following infonnation: County Cities Association Legislative Task Force was scheduled to have a Joint Meeting with the County Cities Association to discuss the Measure regarding maintaining their money. Saratoga Historical Foundation - Extension SASCC - Would like to communicate with Council as a whole, not just one Council Member. Waltonsmith reported they just hired a new Program Coordinator/Social Worker for 35 hours a week. She was previously rrom the Council on Aging and works 25 hours a week with the seniors and the remaining 10 hours per week works at the Day Care Center. Valley Transportation Authority PAC - Still no money, She noted that when PAC was originally designed, it was envisioned as a goveming body that would work along side the Board of Directors, but over the years has become marginalized as just a "rubber stamp". Councilmember Kathleen King reported: KSAR Community Access TV Board - Reported that KSAR did a lot of filming for the "Building Bridges" event and filmed all five of the religious evenings and it has been very successfuL Copies of the program are already showing on Channel 15. Sister City Program - Will have their potluck December 7'h for Christmas; invitations will be going out shortly. Sister City representatives requested the Saratoga Mayor send a Historical Foundation/Heritage Preservation Commission calendar to the Muko-Shi Japan Mayor along with a letter. West Valley Solid Waste Joint Powers Association - Invited Council Members to attend the next meeting, on November 6,2003. Councilmember Nonnan Kline reported: JPA Library - Thanked Councilmember Bogosian for attending the meeting in his place. He reported the JP A Board considered bond measure tenns and approved going forward with a 7-year tenn at $42/parcel (up rrom $33/parcel). Councilmember Kline then asked Councilmember Bogosian ifhe would care to comment on the actual meeting. **Councilmember Bogosian then added that the consultants that are paid did two polls; one earlier and one later. One was done just prior to the state recall election and it was the opinion of the polltakers that definite approvals for various categories in funding levels became more shaky as time went on. The levels got worse as it got closer to the recall election. They recommended that they take the shortest time possible. One suggestion was a 5-year plan, which was rejected. Another motion was made for a 10-year plan. A vote was taken on a 7-year plan at $42.00 a parcel assessment. Councilmember Stan Bogosian reported: 20 Emergency Planning Council - At the last meeting they looked at emergency preparedness, specifically for terrorism, Silicon Valley Animal Control- Councilmember Bogosian attended the Los Gatos Council meeting on November 3, 2003, and reported that the Los Gatos Council voted to enter into negotiations with the City of San Jose for provision of animal control services. However, they stopped just short of withdrawing trom SV ACA. . West Valley Sanitation District - they are commencing a rehab in the Village of Saratoga and also a rehab commencing on Santa Cruz A venue in Los Gatos. Undergrounding will be done through manholes not through digging, Councilmember Bogosian also noted that he received a notice for the Monterey Bay Area Association meeting and would not be able to attend. He was hoping another member of the Council would be available to attend. Nonnan Kline volunteered to attend, CITY COUNCIL ITEMS Vice Mayor Waltonsmith: Referred to the devastating fires in southern California - all the infonnation we talked about, how trees bum, firestonn; requests the City co-sponsor a social refonn with CDF on managing your properties, escape routes, etc. Specifically invite the citizens that live in the hills. Liz Kniss' staff person suggested the Council write a letter to the Board of Directors requesting that the Quarry Trail concept be added to their County Master Trail Plan. A letter trom the City of Saratoga would add strength to their mission. Waltonsrnith asked that this item be placed on the next Council agenda. . Building Bridges Event - was quite successful. Approximately 3,000 people attended the event. Councilmember Bogosian: Attended a forum held by the Santa Clara County Human Rights Commission dealing with the implications of the Patriot Act. He noted that several cities passed resolutions similar to the one the City of Saratoga passed. He noted several speakers spoke regarding the follow-up steps that can be taken to ensure the sentiment expressed in those resolutions. Councilmember Kline: Stated "Saratoga Today Show" is going on a winter hiatus and will be returning in the spring. Councilmember King asked whether or not video tapes for the television show were available at the library. Kline indicated they were not, however, he would be able to provide a tape to anyone who was interested in viewing a tape. Mayor Streit: Noted the PG&E Trail notification cards and letters could not be printed and mailed in time for the November 19th meeting; but they would be ready for the first meeting in December, which would be Wednesday, December 3,2003. . 21 OTHER None . CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at II :45 p.m. Respectfully submitted, ~' ~ / IÍ ~ . , . If~- Ann Sulhvan Deputy City Clerk . . 22 · e · · SARATOGA CITY COUNCIL MEETING DATE: December 17, 2003 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: I(,~ o ~¿::::-7 PREPARED BY: Jaye TkacJt:?7 SUBJECT: Check Register: 11/25/03 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. I Fund# Fund Name Date 11/25/2003 Manual Checks AP CHECKS A94850-94972 1 GENERAL 296,778.76 100 COPS-SLESF 110 Traffic Safety 1,103.20 150 Streets & Roads 93,694.11 180 LLA Districts 7,679.63 250 Dev Services 3,522.08 350.00 260 Environmental 5,557.18 270 Housing & Comm 290 Recreation 10,914.31 291 Teen Services 491.98 292 Facility Ops 2,095.00 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 30,693,63 351 Public Safety 352 Infrastructure 12,603.71 353 Facility 354 Park and Trail 33,718.72 400 Library Debt 420 Leonard Creek 720 Cable TV 740 PD#3 800 Deposit Agency Subtotal 498,852.31 350.00 PAYROLL CHECKS: 829509-29535 TOTAL rrepared by: /""' TtML ~ rpproved by: Apr-99 Void Checks Date: P-g-ð3 . ~~~-jli1iI 1~E1~~*~~¡:U#01 . . ~ Q " o ~ ~ H o ~ '" ~ ~ " 00 0 ~ ~ 00 0 ~ ~ ~ ~ 00 0 0 0 ~ ~ 0 0 ~ ~ ~ ~ ~~ ~ O~ ~ ~ ~ 00 0 N N 0 0 ~~ N 0 0 N N 0 0 ~ ~ N N 00 O~ ~Z ~~ N ~ ~ 00 0 0 0 M M 00< M ~ ~ 0 0 ~ ~ M M 0 0 00 HO ~w ~ N N O~ ~ N N ~ ~ ~~ 0 ~ ~ ~ ~ M M N N ~ ~ ~~ 00 0 ~ ~ N~ ~ M M ~~ ~ 0 0< ~ ~ ¡¡~ ~~ ,; ~ N N " ~ '" H ~O ~ Z~ . 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SARATOGA CITY COUNCIL MEETING DATE: December 17, 2003 /1) CITY MANAGER: .o~Ç'/ ~ ~ AGENDA ITEM: DEPT: Community Development PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, December 10, 2003 RECOMMENDED ACTION(S): Note and file, REPORT SUMMARY: Attached are the Planning Commission Action Minutes of December 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, December 10, 2003 - 7:00 p,m. Council Chambers/Civic Theater, 13m Fruitvale Avenue, Saratoga, CA Regular Meeting ROLLCALL: Commissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, MÆe UW, Ruchi Zutshi and Chair Jill Hunter ABSENT: Commissioner Uhl STAFF: Planners Oosterhous &: Vasudevan, Director Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of November 12, 2003. (APPROVED 6-0) ORAL COMMUNICATIONS - Any member of the Public will be allowed to address the Planning Commission forup to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking aaion On such items. However, the Planning Commission may instrua staff accordingly regarding Oral Communications under Planning Commission direction toStaff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 4, 2003. e 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 (IS) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). In compliance with the Americans with Disabilities Aa (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctc1erk@saratoga.ca.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). CONSENT CALENDAR L CAPITOL IMPROVEMENT PROGRAM &: GENERAL PLAN CONFORMITY FINDING; - The Saratoga Planning Commission will review and determine if the proposed 2003-04 Capitol Improvement Program is consistent with the various goals, policies and programs of the City of Saratoga General Plan. (APPROVED 6-0) 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 r \ e . . be filed on or before the Monday, a week before the meeting, 2. APPLICATION #03-078 (503-16-022) CHEN, 13280 Pierce Road: The applicant requests design review approval to construct a two-story single-family residence with a maximum height of 25 ft, 10 inches. The proposed residence including garage will be 4,032 square feet. A 1,969 square foot basement is proposed. The gross lot size is 14,597 square feet and the property is zoned R+40,000. The existing residence is to be demolished. (LATA V ASUDEV AN) (APPROVED 6-0) 3. APPLICATION #03-167 (517-22-11) YANG, 20100 Bonnie Brae Lane: The applicant requests design review approval to construct a one-story single-family residence greater than 18 feet in height with a gross floor area that exceeds six thousand, therefore planning commission approval is required. The maximum height of the proposed residence is 23 ft, 6 inches. The proposed residence including garage will be 6,493 square feet. A 2,813 square foot basement is proposed. ~.1aterials and colors include a beige stucco exterior with orange clay tile roof. The gross lot size is 82,500 square feet. The property is zoned R-l 40,000. The existing residence is to be demolished, (CHRISTY OOSTERHOUS) (APPROVED 6-0) 4. APPLICATION #03-216 (393-37-029), LUN (Appellant), WANG (Applicant), 19932 Merribrook Drive: The City granted a tree removal permit for five redwood trees located at 19932 Merribrook Drive, the Wang property. A neighbor, Yong Lun, 19894 Merribrook Drive, has appealed the tree removal permit. The trees are located in the applicant's rear yard. The City Inspector issued the removal permit based on information from the applicant that previous limb breakage had occurred, which damaged a neighboring residence, located to the rear (east). The appellant resides to the right side or south of 19932 Merribrook Drive. (CHRISTY OOSTERHOUS) (UPHELD THE APPEAL &: DENIED REMOVAL OF TREES 6-0) 5. APPLICATION #03-266 (397-16-128) RAHIM, 14350 Taos Drive: The applicant request approval of modifications to a previously approved Design Review. Design Review #Ol-Oll was approved on July 25, 2001. The dwelling has been completed at this time. The applicant desires to eliminate architectural details such as stone veneer, window fenestration and other architectural details. (THOMAS SULLIVAN) (APPROVED 6-0 MODIFICATION, RESOLUTION TO BE APPROVED ON CONSENT AT NEXT HEARING) DIRECTORS ITEM Remind Commissioners that the meeting on December 24 is cancelled COMMISSION ITEMS None ADJOURNMENT AT 9:40 PM TO THE NEXT MEETING Wednesday,January 14, 2004 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.pleasesendyoure·mailaddresstoplan:ning@saratoga.ca.us , e e . SARATOGA CITY COUNCIL MEETING DATE: December 17, 2003 I£. v-.:7~ AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER: PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: And Ann Sullivan, Deputy City Clerk ~ SUBJECT: Council Agency Assignments and Commission Liaisons RECOMMENDED ACTION: Adopt resolution, REPORT SUMMARY: On December 9 2003, the City Council reorganized and approved the nomination of Ann Waltonsmith as Mayor and Kathleen King as Vice Mayor. Also at that time Mayor Waltonsmith asked the Council to submit their agency assignment requests to her. The Mayor has listed assignments as requested and has reconciled conflicts where they occurred, It is now necessary for the entire City Council to consider and adopt the attached resolution appointing City Council Members to committees and agencies. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Council representatives to various agencies and Council liaison to various Commissions will remain the same. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Disseminate information to various agencies and Commissions. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Attachment A - Resolution J RESOLUTION NO. 03- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA . APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES AND AGENCIES WHEREAS, the City Council reorganized on December 9, 2003, for the coming year; and WHEREAS, representatives ITom the City Council serve on various committees, commission and agencies; and WHEREAS, the responsibility for representing the City Council should be shared by all its members, NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest oftne City Council and the needs of the various organizations to which the City Council sends representatives, the following representatives agree hereby appointed to the committees, commissions, and agencies named, through December 2004, or until replaced. Agency Association of Bay Area Government ChamberofCorrunerce County Cities Association Leg. Task Force County HCD Policy Corrunittee Emergency Planning Council Hakone Foundation Liaison KSAR Corrununity Access TV Board Library Joint Powers Association Northern Central Flood Control Zone Advisory Board Peninsula Division, League of California Cities Santa Clara County Valley Water Commission Santa Clara County Cities Association Saratoga Historical Foundation SASCC Liaison Sister City Liaison West Valley Solid Waste Joint Powers Association Valley Transportation Authority PAC West Valley Sanitation District Silicon Valley Animal Control JPA West Valley Mayors & Managers Monthly Meeting SBDC (Unofficial) Arts Commission Councilmember Alternate Kline Kline King Bogosian Bogosian WaItonsmith Bogosian Kline Bogosian Bogosian King Kline King Streit King Streit Bogosian Waltonsmith . Kline Waltonsmith Streit Kline WaItonsmith Waltonsmith King Waltonsmith Streit King Streit Waltonsmith Streit Waltonsmith King Streit Streit Waltonsmith Kline Kline Kline King . Kline King Waltonsmith \ · · · Finance Commission Heritage Preservation Commission Library Commission Parks and Recreation Commission Planning Commission Public Safety Commission Youth Commission City/School Ad-Hoc Committee Council Policies Ad-Hoc Committee LAFCO Ad-Hoc Committee Mt. Winery Ad-Hoc Committee Norton Road Ad-Hoc Committee VTA Restroom Ad-Hoc Committee Village Ad-Hoc Committee West Valley College Ad"Hoc Committee Vision for Saratoga AdHoc Boundary Drop Oversight Committee Waltonsmith Bogosian Kline King Kline Streit Streit King Kline Kline Kline Bogosian Waltonsmith Kline Waltonsmith Streit Streit King Kline Bogosian Streit King Waltonsmith Kline Streit Bogosian Waltonsmith King King Kline King Streit King City Manager (Additional City members) & Safety Commissioners The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 17th day of December, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk I AGENCY AND COMMISSION LIAISON ASSIGNMENTS BY COUNCIL MEMBER . BOGOSIAN Emergency Planning Council KSAR No Central Flood Control Zone Board County HCD Committee Heritage Preservation Commission KING County Cities Assoc Leg Task Force Hakone SASCC VTA Arts Commission Parks and Rec Commission KLINE ABAG Chamber Library JP A Peninsula Division, League of Ca Cities SBDC (unofficial) Planning Commission Library Commission . STREIT Santa Clara Co Valley Water Com West Valley Solid Waste JPA West Valley Sanitation Dist Silicon Valley Animal Control JPA Public Safety Commission Youth Commission WALTONSMITH Hakone Santa Clara County Cities Association Sister City Liaison Saratoga Historical Foundation Mayors and Managers Meeting Finance Commission . · · · SARATOGA CITY COUNCIL MEETING DATE: December 17, 2003 AGENDA ITEM: / F CITY MANAGER: V ~ ~ DEPTHEAD: ~ C-/ ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan SUBJECT: SECOND READING AND ADOPTION OF TREE REGULA TrONS RECOMMENDED ACTION: Staff recommends the City Council grant Second Reading and adopt the Tree Regulations Ordinance. REPORT SUMMARY: On December 3, 2003, the City Council conducted a Public Hearing, Introduced and granted First Reading to an Ordinance, which significantly updates the City of Saratoga Tree Regulations. In summaty, these new regulations accomplish the following: ' · Adopts by reference the International Society of Arboriculture Pruning Standards (2001 edition) and the Tree Valuation Formula contained in the Guide for Plant Appraisal (April 2000 edition) · Adding to the application requirements that the site plan shall show the location of any proposed replacement trees · Adding 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. · Changes where and how tree sizes are measured to be consistent with International So<;iety of Arborist (ISA) standards, Diameter at Breast Height (DBH) which is four and one-halffeet from the ground at the high side of the tree if the ground is sloping. · The diameter size of an ordinance protected Oak is proposed to be change to protected native trees and reduced to 6-in<;hes from 10-inches, · Other trees will be protected at a diameter size of lO-inches. This is reduced from 12- inches. Moving the location of measurement from 2-feet above grade to 41/2 feet above grade accounts for some of the reduced size. · The revised Tree Regulations will include a much-expanded set of definitions. The current ordinance has four definitions, while the revised ordinance has 22. · Greater detail is provided regarding minimum infonnation to be provided on a site plan. · It establishes a NOTICE requirement for Tree Removal pennit application. · The revised regulations would provide that any pruning of a tree's crown that is greater . than 25% of the canopy in any single year of growth period would require a Pruning Permit The pruning of fruit and nut trees is exempt · Either written permission or a permit is required for the pruning of 25% or less a protected tree the trunk of which is at least partially 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 ATborist. · 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 Îor the establisìnnent of a Tree Fund, separate and distinct from the General Fund. · The revised ordinance also requires that not only do any businesses, which remove protected trees or performs pruning on protected trees have a City Business License, but also that they have a Certified ATborist on staff in a supervisory role. · A provision is added to the criteria about economic use of the property so that it is established that there is "no feasible alternatives" to the removal and establishes the need to provide mitigation in equal value of the removed tree. · Section 15-50.120 now reads, "Unless otherwise permitted by the approving authority, no structure, excavation or impervious surface areas of any kind shall be constructed or installed within the root zone of any protected tree without mitigating special design, . such as post and beam footings that bridge the roots. No parking, storing of vehicles, equipment or other materials shall be permitted within the clripline of any protected tree without special design considerations approved by the Community Development Director and the City Arborist." · The appeal process has been changed to allow appeals to be heard by the City Council in addition to the Planning Commission. · The list of "native" trees is as follows, "Native tree means Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Tan Oak (Lithocarpus densiflorus), Black Oak (Quercus kellogi), Blue Oak (Quercus douglasi), Scrub Oak (Quercus dumosa), Big Leaf Maple (Acer macrophylhum), California Buckeye (Aesculus californica), and Coast Redwood (Sequoia sempervirens)." FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City's Tree Regulations will remain out of date. ALTERNATIVE ACTION: . Direct the Ac1hoc Committee to address other issues related to the development of the Tree Regulation Ordinance. 20f3 · · · FOLLOW UP ACTION: Publish the 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. ADVERTISING, NOTICING AND PUBLIC CONTACT: None is required ATTACHMENTS: L Draft Tree Regulation Ordinance 30f3 ORDINANCE . AN ORDINANCE AMENDING SECTIONS 15-05,020, I5-45,070, 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) THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings, The City Council finds and declares as follows: A. The Planning Commission has conducted a public hearing to consider 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, B. The adoption of this ordinance is consistent with the provisions of the Saratoga General Plan Open Space Element which states on page 16, "The City should . provide information and assistance to the public in the preservation and care of native trees whose existence can be threatened by environmental stress and development. " C. The adoption of this ordinance is consistent with the provisions of the Saratoga General Plan Conservation Element, which states in Policy 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 of the City CounciL (2) The title of the ISA Standards to be adopted by reference are specified in the title of the ordinance. (3) 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 ofthe hearing; stating that copies of the . ISA Standards being adopted are on file with the City Clerk and open to 1 . . . public inspection; and describing the purpose and subject matter of the ordinance in a manner the City Council deemed sufficient, as required by the Government Code. (4) 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 public hearing, (5) The City Council held a public hearing on the Tree Ordinance and the ISA Standards adopted byreference in the Ordinance. (6) At least one copy of the ISA Standards adopted by reference will be kept in the Office of the City C1erk for public inspection while the ordinance is in force. (7) Upon adoption, copies of the adopted ISA Standards will be available for purchase by the public in the Office ofthe 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. 2 (1) To exclude new industrial development in order to preserve the essential residential character of the City, (m) To preserve the natural beauty of the City. (n) To ensure that uses and structures enhance their sites and harmonize with improvements in the surrounding area. (0) To protect and enhance real property values within the City. (p) To protect and preserve heritage, narive, and other significant trees at all times, 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, (ii) easements and their dimensions, (iii) underground utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography, (vii) species, trunk diameter at breast height (DEB 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 DEB, and all native trees measuring at least six (6) inches DEB on the property and within 150 feet of the property, (viii) areas of dense vegetation 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 windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by the Community Development Director. (3) Elevations of the proposed structures showing exterior materials, roof materials and window treatment. (4) Cross sections for all projects located on a hillside lot, together with an aetial 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 trèes 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 irtigation 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 Section 15-50.140. (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 . . 3 . . . person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen inches in size. (12) A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the City Engineer. (a) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council. Section 15-45.080 is amended to read: 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) communiry 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 native and heritage trees, All heritage trees (as defined in Section 15- 50.020 (1» 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 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 confonn to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055. 4 Section 15-46.030 is amended to read: . 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 aU structures and improvements including, where appropriate, driveways, pedestrian walks, parking and loading areas, landscaped "-~"s "~-~es ~nd ".n11s and tho S~onies ....m1r rIia",,,,t,,,r hreaot h",iaht (DBH ~o (:I.lvo. , lCll\.¡ al vva.l.1, .1 U.l\..' 1-'''''......1 , ..........u....'" '..u. ...............""... .......: ...... ......."..0........ \ __ _.... 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 an native trees measuring at least six (6) inches DBH on the property and within 150 feet of the property. The site plan shan indicate the locations of entrances and exits and the direction of traffic flow into and out of parking and loading areas, the location and dimension of each parking and loading space, and areas for turning and maneuvering vehicles. (2) Architectural drawings or sketches showing all elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and illumination of all signs . shall be indicated. (3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, the location 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 exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and 15 sets on sheets eleven inches by seventeen inches in size, (b) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit toward the expense of noticing the public hearing as determined by the Community Development Director. . 5 . . . 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) Vlhere more than one building or structure will be constructed, the architectural features and landscapÍhg 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 maximum extent feasible, 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 shÍhgles, 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 Íh the immediate area. Article 15-50 is amended to read: Article 15-50 TREE REGULATIONS 15-50.010 Findings; purposes of Article. 15-50.020 DefÍhitions. 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. 15-50.090 Development or improvement projects 6 15-50.100 Appeals . 15-50.HO No liability upon City 15-50.120 Setback of new construction ITom existing trees. 15-50.130 Arborist Report 15-50.140 Tree Preservation Plan 15-5-.150 Tree Fund 15..50.160 Erlorcement 15.50-170 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 the context or the provision clearly requires otherwise: . 7 e e e (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, 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 all portions of the tree with foliage. As context requires, the term also desc.ribes 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 Y2) 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. (j) "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 (l) "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 Tree Valuation Formula contained in the April 2000 Guide for Plant Appraisal published by the International Society of ArboricuIture. 8 (n) ''Native tree" means Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Tan Oak (Litho carpus densiflorus), Black Oak (Quercus kellogii), Blue Oak (Quercus douglasii), Scrub Oak (Quercus dumosa), Big Leaf Maple (Acer macrophyllum), California Buckeye (Aesculus californica), Douglas fir (Pseudotsuga menziesii) 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 nurseries or thdirst 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 the roots, branches or limbs of a protected tree. (s) "Remove" and "Removal" mean the physical removal or destructi0I,1 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 dripline of the tree by five (5) 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 wateting. (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 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 accounted for separately from other City funds. The express functions of the Tree fund are: (I) To receive and hold any fines, penalty assessments civil penalties, bonds or other remedial funds or sources of funds for violations of Article15-50 of this code; (2) To receive and hold monetary valuations and payments for replacement trees pursuant to Section 15-50.170, 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. (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 e e e 9 e e . one or more protected trees including provision for future maintenance, to preserve and protect all trees to be retained on any project site. 15-50.030 Application of Article, This Article shall apply to every owner of real property within the City, and to every person responsible for removing, 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 Community 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, uIÙess 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 DBB of six (6) inches or greater (b) Any other tree having a DBB 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 in Subsection 15-50.170 of this Article. 15-50,060 Exceptions, 10 The permit requirement set forth in Section 15-50.050 shall not apply to any of the following: (a) Emergencies. If the condition of a tree presents an immediate hazard to life or property, it may be removed without a permit on order of the City Manager, the Public Works Director, the Community Development Director, their designated representatives, or 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 approval granted under this Chapter or Chapter 14 or 16 of this Code, no permit pursuant to this Article shall be required for such activity, provided the Community Development Director determines in writing that the criteria specified in sections 15-50.080 and 15- 50.120 and 15-50.140 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. e 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 protected trees, notice shall be given to property owners within 150 feet at the time of application, at least ten (l0) days before a decision on the permit is made. (c) Pruning Permit: A permit is required for structural pruning in excess of ISA Standards which is not more than 25% (the 2001 Edition of which is hereby adopted by reference) during any given growth period or year of any protected tree. No permit is required for structural pruning, which complies with ISA Pruning Standards, or for the pruning of productive agricultural trees. (d) Notwithstanding the foregoing, either written permission or a permit is required for the pruning of less than 25% of a protected tree the trunk of which is at least partially located on a neighboring property. e e 11 . . . 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. (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (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 pe=it. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (l) 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 % of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond or security deposit of at least five years designed to ensure long te= maintenance of the affected or 12 replacement trees. Security deposits or mairitenance 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 and/or Tree Preservation Plan. In the case of violations of this Article or where replacement, restitution, or other remedy required pursuant to Section 15-50.170 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 aDDIoval. When anv aDDlication is made Dursuant to ChaDter 14 and ,/ .1.1 / J.J.. 1. .L 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 15-50.140 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 deCÍsion by the Community Development Director made pursuant to any of the provisions of this Article, may appeal such decision in accordance with the procedure set forth in Article 15-90 of this Chapter. 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 permit is appealed. If the permit is appealed or a permit denial is appealed and the Planning Commission upholds the permit or reverses the denial, the permit shall take effect 15 days following the deCÍsion of the Planning Commission unless appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter. (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, 15-50.110 No liability upon City. · 13 e e . Nothing in this Article shall be deemed to impose any liability upon the City or upon any of its officets 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. Unless otherwise permitted by the approving authority, no structure, excavation or impervious surface areas of any kind shall be constructed or installed within the root zone of any protected tree without mitigating special design, such as post and beam footings that bridge the roots. No parking, storing of vehicles, equipment or other materials shall be permitted within the dripline of any protected tree without special design considerations approved by the Community Development Director and the City Arborist. 15-50.130 Arborist Report An Arborist Report shall be required for any application for discretionaty 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. 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 Community 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, IS 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 and/or 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 Community Development Director and the required protection measures are deterrnined 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 following: (1) Initial inspection prior to any construction or grading, (2) After completion of rough grading ancllor 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. e 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 Section 15-50.020(z). The Tree Fund shall be funded by those fines, penalÖes, 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 ArÖcle. In addition, payments required for replacement trees pursuant to Section 15-50.170, 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 putchase 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 tenns of aesthetic and environmental quality, size, height, location, appearance, and other significant beneficial characterisÖcs of the removed tree/so The Ciry 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. e 15-50.160 Enforcement (a) General. The Ciry 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 Communiry Development Director for follow-up action. (b) Stop work orders. Whenever any activities are in violaÖon of the provisions of this Article, applicable tree pennit/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 activiry approved by the City. (c) Cumulative remedies. All remedies in this Section shall be cumulative and are not exclusive. 15-50.170 Violations; penalties and remedies, e 15 · The violation of any provision contained in this Article is hereby declared to be unlawful and shall consritute public nuisance and an infraction. As either a public nuisance or an infraction, 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 or more new trees which can be accommodated on the site of the violation according to good forestry practices and, in the opinion of the Community Development Director, will Provide equivalent value in terms of cost (as determined Dursuant to the Cirv , L , Arborist's calculation of the value of the removed tree/s in accordance with the 1SA 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 forestty 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 ISA 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 documentaty evidence satisfactoty to the Community Development Director, shall be offset against the value of the removed tree, but no credit shall be given for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees; 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 Community 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). · (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 16 City Arborist. Such person shall post a maintenance bond or security deposit 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. (c) As part of a civil action brought by the City, a court may assess against any person who commits, allows, or maintains a violation of any provision of this Chapter a civil penalty. 'Where the violation has resulted in removal of a protected tree, the civil penalty shall be in an amount not to exceed $5,000 per tree unlawfully removed unless the replacement value of a tree unlawfully removed is greater than $5,000 in which case the civil penalty for removal of that tree shall equal the replacement value (excluding installation) of the tree. . (d) Payment (to the extent authorized by law and determined apptopriate by the Corrrrnunity Development Director) of any criminal, civil, administrative, or' other penalty or restitution order into the Tree Fund. (e) The violation of any provision contained in this Article during the conduct by any person of a tree removal, structural ptuning, landscaping, construction or other business in the City shall constitute grounds for revocation of any business license issued to such person. (f) All remedies provided in this Section shall be cumulative and are not exclusive. 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 [SA Cerruied 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. . 17 · · · 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: AYES: NOES: ABSENT: ABSTAIN: ANN WALTONSMITH, MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY 18 ~ . SARATOGA CITY COUNCIL /r¿ ORIGINATING DEPT: City Manager's Office CITY MANAGER: O~ PREPARED BY: Lorie Tinfow DEPT HE~d1~ MEETING DATE: December 17, 2003 AGENDA ITEM: SUBJECT: Amendment to the Second Restated and Amended Joint Exercise of Powers Agï€ement Creating the Silicon Valley A4.nima! Control Autbority RECOMMENDED ACTIONS: Approve and authorize the City Manager to sign the attached amendment to the Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Yalley Animal Control Authority (SY ACA) to extend the deadline for notice of withdrawal in the Agreement :trom December 3 I, 2003, to January 25, 2004. . REPORT SUMMARY: The Silicon Valley Animal Control Authority (SV ACA) Board has approved the extension of the deadline for notice of withdrawal to January 25,3004, in order to provide more time for Los Gatos, Cupertino and Saratoga to review all service provider information. FISCAL IMPACTS: Adoption of the amendment permits Member Cities to withdraw from the JP A with less than 180-day notice, Should one or more Member Cities take this action, the future expected financial support for the Silicon Valley Animal Control Authority could change. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: Without approval by all Member Cities, the agreement cannot be amended. As a result of such action, the JP A board and staff would not have adequate time to evaluate recent information before a decision about participation beyond June 2004 would have to be made. ALTERNATIVE ACTIONS: . Choose not to approve the amendment. FOLLOW UP ACTIONS: I ; City of Saratoga Council representative will convey City Council approval to the Silicon Valley . Animal Control Authority Board at its meeting on December 18,2003. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: · Amendment . . 2 \ e e . SECOND AMENDMENT TO SECOND RESTATED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SILICON VALLEY ANIMAL CONTROL AUTHORITY This Second Amendment is made and entered into as of December 30,2003, by and among the Member Agencies of the Silicon Valley Animal Control Authorìty ("Authority") as defined in Sectìon Ll2 of the Second Restated and Amended Joint Exercise of Powers Agreement executed by the Member Agencìes in August, September and October of2003 (hereafter "Agreement"), WHEREAS, the Member Agencìes desire to extend the deadlines in the Agreement applìcable to (a) notìce of withdrawal from the Authority as of July 1, 2004 and (b) the development and approval ofthe Authority's budget for Fiscal Year 2004-05; and WHEREAS, to accomplish this end, the Member Agencies have approved amendments specìfied below to the Joint Exercise of Powers Agreement Creating the Sì1ìcon Valley Animal Control Authority. NOW, THEREFORE, THE MEMBER AGENCIES AGREE AS FOLLOWS; L Notwìthstanding the terms of Sectìon 8.2 setting forth the required notìce to be given by a Member Agency that has determined to withdraw from the Authority, any Member Agency desiring to withdraw from the Authority as of July 1, 2004 must give the Authority Board of Directors written notice of its intentìon to withdraw from the Authority by January 25, 2004. 2, Any Member Agency that gives notice of withdrawal to the Authority Board of Directors by the deadline specified in paragraph 1 above will have no obligation to contribute to any capital costs to be incurred by the Authority in connection with the Animal Shelter. 3. The deadlines and the specified tìmeframe for developing, presenting and approving a preliminary budget, the final budget, and any cost components or allocatìon formulas related thereto in connection with the Authority's Fiscal Year 2004-05 budget process, as set forth in Article VI of the Agreement, shall be continued and extended for one month. More specifically, the March 1st deadline for the Board of Directors to adopt a preliminary budget as set forth in Section 6.1 of the Agreement shall be changed to April 1 st for the Authority's preliminary budget for Fiscal Year 2004-05 only. Any subsequent deadlines, dates and timeframe related to the budget and contained in the Agreement shall be similarly adjusted in accordance with this one-month extension for approving the Authority's budget for Fiscal Year 2004-05, 4. Except as expressly revised by this Second Amendment, all other terms, conditions and requirements as set forth in the Agreement and the Amendment to the Agreement shall remain in full force and effect. 1 1070849,1 I í EXECUTION OF SECOND AMENDMENT TO AGREEMENT . IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to Agreement to be executed and attested by their proper officers thereupon duly authorized and their official seals to be hereto affixed on the dates as shown herein, MEMBER AGENCIES APPROVED AS TO FORM: By: Its: Date: CITY OF CAMPBELL, a municipal corporation By: Its; Date: ATTEST: By: Its: Date: . APPROVED AS TO FORM: By: Its: Date: CITY OF CUPERTINO, a municipal corporation By: Its; Date: ATTEST: By: Its: Date: . 2 1070849,1 , . . . APPROVED AS TO FORM: By: Its: Date: CITY OF LOS GATOS, a municipal corporation By: Its; Date: ATTEST: By: Its: Date: APPROVED AS TO FORM: CITY OF MONTE SERENO, a municipal corporation By: By: Its: Date: Its; Date: ATTEST: By: Its: Date: APPROVED AS TO FORM: CITY OF SANTA CLARA, a municipal corporation By: Its: Date: By: Its; Date: ATTEST: By: Its: Date: 3 1070849, J APPROVED AS TO FORM: By: Its: Date: CITY OF SARA TOGA, a municipal corporation By: Its; Date: ATTEST: By: Its: Date: 4 1070849,) / t e e e , . e . SARATOGA CITY COUNCIL MEETING DATE December 17, 2003 AGENDA ITEM: / ~ CITY MANAGER: G.....? ¿;;?./ DEPT HEAD: ~~, ~\.A ORIGINATING DEPT: Public Works let PREPARED BY: Iveta Harvancik SUBJECT: VT A Operator's Facility - A ward of Construction Contract RECOMMENDED ACTION(S): 1. Reject all bids received on the project. 2, Direct staffto solicit new bids for the facility located in the parking lot. REPORT SUMMARY: Background In December of 2002, the City of Saratoga and the Santa Clara Valley Transportation Authority (VTA) entered into a cooperative agreement concerning construction of a new VTA operator's restroom facility located at the West Valley College Transit Center near the corner of Fruitvale and Allendale Avenues, Per the agreement, the City is to provide project management and inspections; VTA will pay all associated costs for the project up to $225,000, Initially, two different potential sites were selected for the restroom facility, each with a different architectural design. Block building with a shed roof was proposed for the transit center site, stucco building with a gable roof was designed for the parking lot site with additional landscaping to screen the building fi:om residential area view. Location and design for both options were approved by the City Council at their regular meeting in September this year, Of the overaJl VT A project budget of $225,000 the Council approved $18,826 for architectural and engineering design services perfonned by Bill Gould Design. Additional $5,000 needs to be allocated for grant deed of easement fi:om West Valley College to the VT A. The easement issues will be coordinated by representatives ofVTA and WVc. Remaining budget for the construction is $201,174. I ! Discussion . Sealed bids for VTA Operator's Facility project were opened on Thursday, December 11,2003, at 10:00 a.m. A total of three contractors submitted bids. The lowest bidder was determined on the basis of the total Base Bid items plus all Alternate Bid items. Please refer to the attached Bid Sunu11ary (Attaclunent I). ESR Construction, Inc. submitted the lowest bid of $546,000, which is 10.4% above the Engineer's Estimate of $494,588. Staff has carefully checked the bid documents along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated November 20,2003. Although the low bid is responsive to the Notice Inviting Sealed Bids, it is above the project budget provided by the VTA. Furthermore, staff is concerned about the low bidder's unrealistic cost of removal and disposal of existing concrete pad, at $150,000, about 14 times higher than the Engineer's Estimate of$10,911. There are two approaches to solicit a bid, In the first approach, the lowest bidder is determined on the basis of the total Base Bid items plus all Alternate Bid items. Alternatively, the other approach is to determine the lowest bidder on the basis of the total Base Bid items only and add alternative items in order as they appear on the list of bid items up to the budget limit. Ideally, due to the competitive nature of the bidding process, contractors keep all bid prices as low as possible. For the VTA Operator's Facility Project, the low bid was selected on the basis of the total Base e Bid items plus both Alternate Bid items. Utilizing both approaches show the cost of the Transit Center Option significantly above the VTA budget limit. The low bid for this option at $352,000 is 75% above the budget limit of $201,174. Staff believes this budget gap is too large and recommends that the Transit Option be eliminated. Although the Parking Lot Option cost of $265,738 is 32% higher than the funding limit of $201,174, staff believes that the cost can be reduced. Staffwj]] discuss with VTA and contractors the possibility of design changes to lower construction costs. In addition, staff will explore the option of removal of existing concrete pad by the City workforce to further lower the cost if necessary. Therefore staff recommends that the Council reject all bids and direct staff to solicit new bids for the Parking Lot Option only indicating concrete pad removal and landscaping as alternate bid items. 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): ESR Construction, Inc. will be declared the lowest responsible bidder and a construction contract will be awarded to that company. The construction cost of the facj]jty wj]] be higher than available funds provided by the VTA and the City will be responsible for the difference, ALTERNATIVE ACTION(S): None in addition to the above. ....."........... T _"'1"7 TTTIIo ... ,.....mTI'Io.1\.TfC1'\. Ï'VLLV'I."j.' tJr AL....:.VT..t¡jj. Staff will so]jcit new bids for the VTA oprerator's facility located in the parking lot. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. . ATTACHMENTS: 1. Bid Summary for the total Base Bid items plus all Alternate Bid items. 2. Bid Summary for the total Base Bid items plus the Transit Center Option Bid Summary for the total Base Bid items plus the Parking Lot Option . .... z w :;; I ~ en :æ w != w I- « Z a: W I- ...J « J: I- o m en => ...J a. en :æ w != c m w en « m w J: I- a: o u. ~ « :æ :æ => en c m - " Q) '[ a. ~¡:¡ "t3 ~ '" u. ~ '" ~ .10. :; .B .c e E Q) Q) c. " < 0 Q) e> < 0 o !;: $ ~ ~ ~ oCt ca ~ (/) E ·c u. E Q) o " c. >- (/) 0 I- '" '" Õ jjj jjj ~^^ .J <.i < .- c I- ,,- 0 ¡ ¿ ..... ,- 0 m ._ - Q) " W ~ 2 0 g ûj æ e>§a. () I- Z => c o ~ " ~ - '" c o () >< Q) c. < <.i c ê o ~ " " .::; '" c o () ~ (/) w Q) - '" E ;¡:¡ '" w '" -~ Q) Q) ,E OJ c W o CD N cD ~ '" .J ¡: o I- o o o '" '" '" w () c:: a. I- Z => ...J < I- o I- q o o Ô 1.0 ~ ,~ w () c:: a. I- Z => ...J ¡: o I- ~ ~ CD ci ~ '" w () c:: a. 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'" '" '" ~ ;;\ '" Q Q Q Ñ co N ... ro cO v ai ~- '" '" oò (Y) .... :atf to' N ... ~ [¡; oj <D ~ '" N co '<t .,; 0'1 ~ ... ro "0 '" 1ií " o -' íii ::¡¡ W !:: W ~ ~ ,Q Z 15. 0: o W ~ ~ 'õ - « ro.Q + ILo>O E·S -m o~ .g ~ W U> '" rn« ~£ !!!. o ¡¡¡ ..J ~ o I- ~ « ... '- · · · SARATOGA CITY COUNCIL MEETING DATE: December 17, 2003 AGENDA ITEM: lb CITY MANAGER: ¿::? ~ ~ ........... DEPTHEAD: ~~ Q~ ORIGINATING DEPT: Public Works ¡,1/-. PREPARED BY: Iveta Harvancik SUBJECT: Heritage Orchard Improvements, Phase I - Additional Funding Approval f~:"Þ~""'f".~·~~~nnlv :1nrl O!"chard Ir-ri2"2.ticn Svstem -~~--··----r.r-oJ--_n__- c:> ... RECOMMENDED ACTION(S): Approve increase of $35,138 to the existing contract with Republic Electric for electric power extension from Saratoga Library to the Heritage Orchard, Approve increase of $36,474 to the existing contract with Maggiora Brothers Drilling, Inc. for Heritage Orchard irrigation system. REPORT SUMMARY: Background Construction of production well, booster pump, and irrigation system are components of Phase I Heritage Orchard Improvements Project as described in Orchard Master Plan approved by the City Council in September 2001. Last June the City Council approved award of construction contract to Maggiora Brothers Drilling, Inc, for construction of irrigation well and pumping system in the Heritage Orchard. The well and pumping system are close to completion. The well is 540 feet deep and will produce approximately 300 gallons per minute, adequate supply for orchard irrigation, In order to continue with phase I improvements, electric power extension and design and installation of irrigation system is needed. Discussion Power Supply Power supply is required for the well pumping station as well as for the irrigation system. The scope of work includes furnishing all material, equipment and labor needed to install approximately 800 feet of power line between the library and the pump station, Power line will be installed by horizontal boring method and potholing as necessary to minimize damage to orchard tree roots, . The City staff received three quotes for power supply extension from the library to the wel1 . pump, After careful consideration and comparison of submitted quotes, Republic Electric has been selected as the most suitable contractor. The cost for the work is $35,138 (includes $3,000 contingency). The work can be completed as a change order under existing City contract with Republic Electric, Irrigation Svstem The scope of the work includes design, al1 material, labor, and equipment needed to instal1 RIO micro system in the Heritage Orchard. If approved by the Council, the work will be completed by the subcontractor Brigantino Irrigation as a change order under existing contract with Maggiora Brothers Drilling} l.~c. The cost· of the "'Jork in the a..rnou..rlt of $36~474 inçludes Brigantino Irrigation cost plus 5% bonding cost for Maggiora Brothers Dril1ing, Inc, and $3,000 contingency. Attached are three quotes from electric contractors and a quote from Brigantino Irrigation. Funding for both tasks is included in the adopted five-year Capital Improvement Plan. Staff feels confident that overall project budget in the amount of $275,000 for the Orchard improvements is sufficient to complete the proj ect including the planting of new fruit trees. FISCAL IMPACTS: . Additional $71,612 from the overall budget of $275,000 for the Orchard improvements approved by the Council will be allocated for pump station electric power supply and instal1ation of the irrigation system, CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Electric power will not be supplied to the pump station and irrigation system will not be instal1ed. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The change orders shall be issueded and the contractors will proceed with the above referenced work . , . ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: L Quote ITom republic Electric 2. Proposal ITom SOLectric Electrical Contractors 3. Quote ITom Frank Electric Company, Inc, 4. Quote ITom Brigantino Irrigation . . ~UG-21-2003 THU 05:51 PM FAX NO. ++ P. 03 '~ I . ~ ¡ ~ ~ . . 1 1 Republic Electric t:t.LlI'Mil'jl August 21. 2003 , ~ Kevin Meeks City of Snratogo 13777 ¡¡miMIc Avenue Saraloj)ll, CA 95070 Job Nomc:J:>uml' Slatlon Conduits Jub Locolion: Samtoga Lib",I}' DC¡¡r Mr, Meeks: We offer 10 I'erlbnn ti,e following work, on the terms and conditions sl$.!Cd be10w and on the r<:ver5e sid<: bereof. and.1 Ihe prices shown, as follow¡¡: Pcr yuur reccnt meeHog with Craig Gcis. peñonn the foJlowing work in order It> in,tall conduits and conductors at Ibe , roferc'O.ced ¡oc~lion. Furnish ~nd inRtall up to feur con¡;reæ plùl boxcs (S'x 3'). Coord;n~tc USA marking, ¡¡'¡CiÍvatcr bo", and receiving pits, Furnish and iDsmll approximately 800/\ of 3" PYC conduit by boring between tbe h'bra.j' and the pnmp station, Furnish and instIJI four 250 MCM cluminum:conrlUc1t>IS and ooc.1/1) llh:minUD1,ground, wire between tile libraI}' and the pump station, leaving 50' coiled al the library and 30' coiled at \he pump slalion. 1'h;, propose1 a!!SW11CS fuet we win h:ave wire¡ coiled in puJI boxe, at each end of our work, and another con1l1lc\Or will complete all work beyond tilOS~ put! boxes. AU materials are stock with Republic Electric. and work can begin wilbín 10 dny, ofo nolice to proceed from the CiIY. , 2-~' Labor. Materials and Equipmeat.....,.........$29.888,OO '2 c¡ "¢."i:: As On additive ahemoto, add another 3" PVC condl1it Labor. Mal<:riaJs and Equípment,..,..,........S7.500.00 As all additive aJreroalo, add ~nelhct 2" PYC conduit 1.8bor. Materials and EqlûpmenL.......,......S3,488,00 1.8bor. Materials and Equipment... ..".....,..$225.00 por CJlclt . Potholing \0 y.. 7 ') C (: _\___ 1..-' , -:t 2 l"';l '", -.l J J<C This orret shaH expire 90 tÙlys ITom the &te hereof and may be withdrawn by us at any \Ìttte prior thereco, with or Mtho1¡t notice. 11:lÌs ofter supersedes any prior offers. commitment or orders. contains al1 lCrms. condiliol\S ¡md warrantio~ and whun acceptod, consnl11tCJI the entire contract 1x.'\ween tho parties, Thc resulting contract shall nOI be modified except by formal writ1<:D amendment. Thi, OffL~ sban bc accepted by delivery to us of a copy oft!ûs offer duly signed by you in the space provided. The fö"'going oITer is hereby accepted \his __ day of ,2003. TilI",_,_. Republic Elec1r:ic ðA~~~e~ VP E1JgÌnt'ormg 13y:_ . (4 I)) B?8·8R97 . nOS'IUN Fo" (4 IS) 898-9477 . 71ZQ «"dw(od l~¡vcl. . ÐA..Li.AS ~ J..C11¡' AN(òllLt:.s " 5ACKAMF.NTCJ . NOWIO. CA 9194~ .-1111 SAN fRANC;li:JCU . , . . . Sep 04 03 07:178 ~""_ectr" i 0 650 "">6 2540 p,l ~ In the State of California Contrac;tors are required by law to be licenSed and regulated by tM Conr.J'actor's State license Bd. Any questiDns concerning a PROPOSAL: DATE: 9/2/03 PAGE 1 of 2 contrac;tor may be roferred to the S b "tted t . K . M k C·ty of S r to Registrar at C's,L.8. PO BOX I.J m. o. evm ee, I a a ga 25000 SACRAMENTO CPo 95825 19700 Fl1.Iitvale Ave, Saratoga, CA 95070 .,' , Phone: 40$-868-1246, Fax: 868-1278 Job name: Underground Power to Orchard Weli J SOLectric Electrical Contractors L.c. NO. 315246, 465 Lorna Verde Ave. Palo Alto, CA 94306 (650) 856-1735. 856-2940 fax, DJDJ.@so1e.<t.rir..,r.om We hereby submit specifications and estim¡¡tes for: 1. Installing 2 ea 3" and 1 ea. 2" Schedule 40 pve conduits to a point 55' from the Library power room, under the driveway, to a point near the large water main shutoff valve in the orchard. From there to the well site. 2. Conduits wìll be pulled in bore holes made by directional boring. Boring subcontractor will insure that there is no damage to any existing underground facilities by "potholing" at a sufficient depth and interval. They will notify underground Service Alert (USA) of the boring path so USA can mark the existing utiiities ioeations. We will also consult with your engineering staff who are familiar with the Library construction site details. 3. Three N 48 Christy boxes and extensions with bolted full traffic lids marked "ELECTRICAL" wìli be placed as follows: 1. at the point 55' from the Library Power room; 2. near the large water main shutoff valve in the orchard; 3. within 2S feet of the concrete pad for the well equipment. Terminate the other 3" and the 2" conduit in that box. Boxes to be set In a 6" bed of pea gravel, on top of filter fabric, which will prevent settling. 4. Hand trench 55 feet, 24" deep, from the Librarypower room to the first Christy box. Back fill conduits with n<ltive soil jf conditions permit; otherwise, we will backfi1l with sand 6" around the conduits. Bury a caution tape approximately 6" above the conduits. 5. Connect one 3" conduit to a 3" ell at the footing of the Library power room. The other 3" and the 2" conduit will be ended in capped 36" radiLls ells at the footing at grade level. 6. The City of Saratoga will locate any and all underground facilities along the path of the excavation to the first Christy box located approximately 55 ft. from the Library to a depth of 24". We will not Sep 04 03 07:17a Sf" ectrl0 650 856 2940 p.2 i Page 2 of 2: SolectriC/City of Saratoga 9/2/03. . take any responsibility for any damage to underground facilities not located and identified prior to our excavation. 7. At the well, connect one 3" conduit to a 3" conduit to be stubbed out of the slab for the well power distribution equipment. The conduit stubbed out of the well equipment slab to be done by others. 8. Pull 4ea. #250JV1CM and 1 ea. 1/0 Aluminum conductors in one of the 3" conduits. Pull 5/15" poly rope in the extra 3" and 2" conduits and tie off in each Christy box. Energize and test conductors at 480V. 9. Damage to tree roots is excluded by this contract. 10. Bundlng Permit and Business License fees at extra cost + $350. We propose hereby to furnish installation & materials, in a=rd¿¡nce with the above specifications, for the sum of: $42.700. PAYMENT: $5000 Deposit upon execution of this contract. $33,000 upon pulling conduits in bore holes. Balance upon pulling conductors in conduits and terminating at Library main panel and at Christy box near the well equipment slab. . Extra work invoiced at $80/labor hour + materials. Terms: Net 30 days. A service charge of :L % per month wilf be added to overdue invoices. , All material is guaranteed to be as specified, Any deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extr.> charge over and above the estimate. All agreements contingent upon strikes, accidents Or delays beyond our control. If any legal actlofl is brOught for the enforcement of this agreemeflt, the prevallifl9 party shall be entitled to recover reasOf1i¡ble attomeys fees and other costs incurred in thirt action, ifl aodition to any other relief to which it or they may be entitle<l. AUTHORIZED SIGNATURE-;7;ý~ð74--. /#Ídrft'<-I/lW DATE 9/2/03 Note: This proposal may be withdrawn by uS if not ¡¡ccepted within _2D_days, ACCEPTANCE OF nus PROPOSAL: rhe above prices. specifications, and coflditions arc satisf"ctory and are hereby accepted, You are authorized to do the work as specifiea. Payment will be as outlinea above. By (Name) Signature Date_ (Title) . , . e . Nov 12 03 11'12a 650 856 2840 SOLect.r-io o. 1 '" In the State of Califomia Contractors are req\Jired by law to be licensed and reg\Jlated by the Contractor's Statc Wccnsc Bd, Any quèstions conc~rninga contractor may be refe'rred to the Registrar at C.S.L.B. PO BOX 26000, SACRAMENTO. CA 95826 SOLectric Electrical Contractors Lie. No. 315246, 465 Loma Verde Ave. Palo Alto, CA 94306 ' (650) 856-17~S, 85-9.-2940 fa'.L.r:r.1t:u.®.s.oJ.es:t.ti,c...com PROPOSAL: DATE: 11/12/03 PAGE 1 of 1 Submitted to: Kevin Meek, City of Saratoga 19700 Fruitvale Ave, Saratoga, CA '95070 Phone: 408-868-1246 Fax: 868-1278 Job name: Addendum tq lJn~O_IJ..D9...E.o_\~(eLt.a_Q_¡;'Ç.tIJ;1I:.çC\fYJ;.U. Proposal dated 9/2/03 Our 9/2/03 Proposal for !'tQ.d.E;.C9.taJJ.D.9J:.a.J!!œr to Orchard Well is hereby amended as follows: 1. Potholing costs are $260 per pothole and are not part of the total pric~ on cur Drig!nal proposal. 2. Our subcontractor uses a non destructive vacuum system for potholing. 3. Prices good up to 48" deep, 6" diameter. A concrete or AC topping will be used if potholes are required in pave.d areas. ' 4. We estimate approximately 6 to 8 potholes wiU be required depending on the reliability and accuracy of information available from your engineering staff regarding their knowledge of the locations of underground utilities. We propose hereby to fumish installation & materials, in accordance with the above specifications, at the rate of: $260 per pothole. Payment due upon completion of contrøçt. Terms: Net 30 days. A service charge of J. "A> per month will be added to overdue ìnvoìces. All m..tcrial is guaranteed to bc as specified, Any devia~on from above specifications involving extra costs will be executed only upon written orders. and wiU become an extra charge over and above the es~mate, All , agreements contingent "pon strikes, accidents or delays beyond our control. If any legal actIon is brought for ... the enforcement of this agreement, the prevailing party shall be entitled to recover reasonable attorneys fees ~~:::;;: ::::;:R;a¿~ØJjJ¿~to which ::~:::~:;: entitled. Michr~ {fk Mora Note: This proposal may be withdrawn by uS if not accepted within _30_days. ACCEPTANCE OF THIS PROPOSAL: The above prices. specifications, and conditions are satisfactory and are hereby accepted. 'You are authorized to do the work as specified. Payment will be as outlined above. By Signature Date_ (Name) (Titl e.) SEP-29-20Ø3 10:59 CRANK ELECTRIC COMPANY 4089411667 P.02/Ø3 ! FRANK ELECTRIC COMPANY. INC. 340 S. MILPITAS BLVD. MILPITAS, CALIFORNIA 95035 (408) 946-5661 OFFICE (408) 941-1667 FAX . August 25, 2003 CITY OF SARATOGA Att.l'!: Kevin ~'^Æee.7{s 19700 Allendale Ave S aratorga, CA 95070 RE: Underground ConduÌ1$ at Library Dear Kevin, We are pleased to have this oppo,rtunity to provide an electrical quot'" for the above referenced project. The scope of work is as follows: . Provide labor and materials to: 1. Install (1) new 3" PVC conduit wi (4) - #250 MCM THHN conductors and (1) - #110 ground-wire, (1) new 3" spare PVC and (1) new 2" PVC for Data from outside of Library Building to location of well-site. Trenching, backfill and directional boring No1(wnIDìliil&)V~y) i:tœ!'illl'exJ3.fi":¡mi>-qh¡fml.Traffic Cover, Elbows to be PVC Wraps Rigid and conductor tails to be 50' at building and 30' at well site T &M Not To Exceed Quote....................................s 64,259.00 EXCLUDES: 1. Paint/patch. 2. Permit/permit acquisition fees (a1lowance $500.00). 3. Utility fees. 4. Upgrade of existing service and distribution equipment. Page 1 of2 . \ . . . SEP-29-2003 10:59 -qANK ELECTRIC COMPANY 4089411667 P.03/03 s. Any other work than stated in the above proposal. 6. Premium Time EXCLUSION NOTE: Frank Electric Company m.ay provide the excluded items at a.n additional charge. This quote is va1ìd for thirty days. Please provide notification in writing or a purchase order as acceptance of this quote. ' Should you have any questions or require additional information, please call (408) 719-6059. . ' Charles Freeman Service Manager FRANK ELECfRIC COMPANY FEC REF#: 08-19-03 CF/cf Page 2 of2 TOTAL P,03 Deo 09 03 11:41a Bri~antino Irri~ation 831 636-1188 ¡O.. 1 .BR1GANT1NO IRRIGATION 910 PROSPECT AVE HOLLlSTßR, CA 95023 P!.iON.E 83l 636 1188 FAX 831 636 9834 E-M"A ff. !)rifl,r.Jntinoirrif!,niioI10J.hútl1lail,com QUOTE: CITY OF SARA TOGA I A TTN: DENNIS LEONG SUPPLY MATERIALS AN)) INSTALL RIO MICRO SYSTEM IN REMAIN1NG LIBRARY ORCHARD. T1\"CLUDRS UNDER GROUND Mi\ll'ILlNES AND SU.BMAINS, AIR RELIE}·S. DRIP HOSE, FILTER, AND NELSON Rl 0 SPRINKLERS. Ij? '. ~ :^~,- f \. V\.¡j'l,'i<"\';V ~- ;¡<\ ....i~ k'i ,,¡, TOTAL PlUCE $ 31,880.00 .¿"» , . ¡!("':r.,",+>,,~?;"'rl:. -'~ './. ..r..~.",,¿ --::-- ' ~ '\ " J LJ-~'''''' 1;'1h~ 1 \~t \' . '.' - \ . ,¡c, (-0-' \ ,^, ,,).\;, . 0<1 ~',) '.f'\..:;'\ ..j; _.'Ø.J ~. JA ....... lVI' t..Q~;"'"' ~ Ì1 S'ìu-~ ~S; -..--- ..:l "i:...~.; . .,¡..., -..,J --'."'~ "~,f, --:..~ù . I I I , e e ~ J · · · , SARATOGA CITY COUNCIL MEETING DATE: December 17,2003 AGENDA ITEM: I J CITY MANAGER: ~..:/ ~ DEPTH~ ORIGINATING DEPT: Admin. Services PREPARED BY: Jesse Baloc~C- ~ SUBJECT: Supplemental Law Enforcement Services Funds (SLESF) RECOMMENDED ACTfON: Adopt resolution authorizing the continued use of Supplemental Local Law Enforcement Funds SLESF) to provide funding for additional public safety staffing. REPORT SUMMARY: In July 1996, the California Legislature passed, and the Governor signed AB 3229, known as the "COPS" Act (Citizens Option for Public Safety). In passing this bill, the legislature declared "that there is a compelling need for additional resources to be applied to the local level for the purpose of ensuring public safety..." The Legislature established the Supplemental Law Enforcement Services Fund (SLESF) to distribute the funds made available by the "COPS" Act. The law required that these funds be used exclusively for front line municipal public safety services, and that a written request for these funds be submitted by eligible Cities. Since the passing of the bill, the money allotted to the City of Saratoga has enabled the City to pay the salary of a Code Enforcement Officer and to provide for supplemental funding for traffic patrol by the Santa Clara County Sheriff's Office. SLESF funds may be used only to supplement, not to supplant, the existing City's budget. Unlike grant programs which are one-time awards, the "COPS" Act is ongoing and is part of the State legislature's yearly budget appropriations in the same way that property taxes, gas taxes, sales taxes, etc., are allocated each year, For FY 2003-2004, the City of Saratoga has been allocated $100,000, which was received early November 2003. California state law requires the City Council to approve the use of these funds each year and to send a copy of the report to the Santa Clara County District's Attorney's Office, FISCAL IMPACTS: Without this funding, the City would have to reduce code enforcement and traffic enforcement from what currently exists, CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would have to return the $100,000 received for "COPS" funding. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Direct City Clerk to send a' copy of the report and a certified copy of the proposed resolution to the sce District Attorney's Office. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Proposed Resolution 20f2 , \ ; . . . ( · · · , RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REPORTING ON USE OF SUPPLEMENTAL LAW ENFORCEMENT FUNDS KNOWN AS "COPS" FOR FISCAL YEAR 2003-04 WHEREAS, the State of California has made additional funding available to supplement City funds for front line municipal public safety services; WHEREAS, the City of Saratoga has determined the best use of "COPS" funds to improve public safety is to increase Code Enforcement and traffic enforcement services; WHEREAS, the City of Saratoga is required to report planned use of such funds to the County of Santa Clara's Office of the District Attorney annually; NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: To approve use of the $100,000 available from the Supplemental Law Enforcement Services Fund for code and traffic enforcement; AND BE IT FURTHER RESOLVED, that the City Council wishes to notify the District Attorney's Office of their approval by copy of this resolution, The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 17th day of December 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk . . . . . SARATOGA CITY COUNCIL MEETING DATE: IK c/-./ ø ~~Á~ December 17, 2003 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: PREPARED BY: Cary BloOmqUiS~ DEPT HEAD: SUBJECT: Authorization for Staff to hire Grubb Real Estate and Appraisal to perform an appraisal D!1CQu.nty o'""llled land fer possible development of the "Sarat.oga to Sea Trail" RECOMMENDED ACTION(S): Authorize Staff to retain the services of Grubb Real Estate and Appraisal to determine the value of the following parcels of land owned by Santa Clara County: APN 503-48-014 and 517-32- 001. REPORT SUMMARY: At their December 3, 2003 meeting, Council adopted a resolution requesting Santa Clara County amend their Sanborn Park Trails Master Plan to include an easement across County owned parcels APN 503-48-014 and 517-32-001, with the goal of placing a trail across this property creating a linkage with the Coastal Trail system. The "Saratoga to Sea Trail" concept has support ITom the San Jose Water Company, County Staff and District 5 Supervisor Liz Kniss. Council further directed staff to proceed forward with the process of attaining an easement from the County, and bring back to them, at their next regular meeting, a request for authorization to have an appraisal performed on the two County owned parcels to establish their value, This is required to comply with the County process and to move forward with the proposed trail project. After attempting to make contact with several appraisal firms, only Grubb Real Estate and Appraisal in Los Gatos submitted a bid (attachment A), One other appraisal firm verbally indicated they were not interested in submitting a bid, but if they did, it would be in the $7,000.00 - $10,000,00 dollar range. Other appraisal firms contacted did not respond. FISCAL IMPACTS: Issue a purchase order in the amount of$750,00 to cover the cost of the appraisal. .. i CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Staff cannot proceed wÜh the trail project and the trail will probably not be developed. ALTERNATIVE ACTION(S): . None, FOLLOW UP ACTION(S): Once appraisal has been completed, forward to County Staff for review. .AJ}VERTISlr-~G, l'-~OTICING ~~~DPUBLIC CONTp"CT: None at this time, ATTACHMENTS: Attachment A-Email :6:om Grubb Appraisal with Bid. . . ~ ATTACHMENT A . Cary Bloomquist .om: nt: 0: Subject: Adrienne Kaipin [appr100@comcast.net] Tuesday, December 09, 2003 1 :38 PM Cary Bloomquist Appraisal, vacant land Hi Cary, Per phone Each. conversation, the appraisal fee for each parcel will be $375.00 The 2 parcels in Saratoga are: 503-48-014 28.4 Acres 517-32-001 37.5 Acres The turn time will be 5-7 working days. If you need anything else, please let us know, I hope we can work with you on these appraisals. Regards, Adrienne Kalpin Grubb R.E. & Appraisal e . 1 t' . . . SARATOGA CITY COUNCIL MEETING DATE: December 17, 2003 Ii CITY MANAGER: &- ~¿ DEPTHEAD: ~""- Q~ AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: John Cberbone SUBJECT: Saratoga-Sunnyvale Road "Gateway" Improvements - Design Contract Supplement RECOMMENDED ACTlON(S): Approve a $29,375 supplement to design contract with Greg G. Jng & Associates for additional services in connection with Gateway entry redesign and Right-of-way modification work REPORT SUMMARY: The requested supplemental work to be perfonned by Greg G. Jng & Associates involves two issues: I) Gateway entry redesign work at a cost of$15,850, and 2) Right-of-way modification work at a cost of$13,525, 1) Gateway Entrv Redesign Work When the original design concepts for the comer entry to the Gateway were developed it was with specific input from the owner of the Union 76 Gas Station that helped define the final conceptual design. Unfortunately, it was discovered, after the initial conceptual design was developed, that the owner of the Union 76 Gas Station is not the owner of the real property. Over the past six months staffhas been discussing the project with the owner of the real property, Berto Development. In the course of discussions, Berto Development indicated that in the near future the current use of the property may change and that the conceptual design of the comer entry would be too cumbersome for the small parcel. Some basic design changes were discussed, which subsequently were agreed to by the property owner. These include: I) reduce the size of the landscape area to allow for additional parking for future development changes to the property, 2) enter into a development agreement with the City limiting additional large landscaping requirements in connection with future redevelopment of the property, 3) vacate an existing unused right-of-way which encumbers the parcel. In return the City would receive a dedicated landscape easement/right- of-way for the Gateway entrance improvements. The existing landscape easement where the City's existing entry sign is located is connected with the gas station use pennit and becomes void when the use pennit is changed or concluded. , Unfortunately, the requirement to reduce the size of the comer entry area eliminates the proposed . water feature. The good news is that there is still sufficient room for all the other amenÜies planned for the area such as the large oak tree, redwood trees, entry sign, and a majority of the original landscaping. The reduced scope of work ITees up approximately $200K - $300K for City Council consideration on other improvements and amenities such as art, which has a strong interest ITom the Arts Conunission, the Kirkmont Traffic Signal, an improvement supported by the surrounding neighborhood but not in the current proj ect budget, or additional options as directed by the City CounciL However, the actual savings, if any, will not be known until the construction bids are opened. 1:. order tG move fon-vard \.vith alternate design concepts for the entry area and to complete the final design it is necessary to supplement the current design contract with Greg G. Ing & Associates in the amount of$15,850. The proposal includes working with the Arts Conunission to develop two conceptual designs and bring them to City Council in January for review and approvaL This foJJows City Council direction to work with the Arts Conunission on the entry area design elements. 2) Right-of-wav Modification Work Over the past year the City Surveyor has been perfonning considerable work in connection to the right-of-way in the Gateway area. Specifically, it is desired to have a consistent 120-foot right-of- way corridor in the Gateway to acconunodate the proposed improvements, It was discovered that . over the many years of the roadway's existence there evolved a multitude of overlapping right -of- way issues, which need to be cleaned up. The City Surveyor is complete with his portion ofthe work and it is desired to have this infonnation incorporated into the design drawings. Incorporating this infonnation in the design plans will save time and money during the construction phase and help eliminate encroachment errors, In order to move forward with the right-of-way modifications it is necessary to supplement the current design contract with Greg G. Ing & Associates in the amount of$13,525. FISCAL IMPACTS: There is sufficient funding for this work in the adopted budget in the Saratoga-Sunnyvale Road Improvement Project. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S): The additional work as outlined above would not be approved and the comer design modifications not move forward at this time, . 20f3 < e e e ALTERNATIVE ACTlON(S): None in addition to the above. FOLLOW UP ACTlON(S): The work as outlined above would moved forward and conceptual plans for the comer will be submitted to City Council in January. AD\7E.RT!S!NG, l"~OT!CIl"~G A.ND PTJBLIC CONTA.CT: Nothing additional. A TT ACHMENTS: 1. Proposal form Greg G. Ing & Associates 30f3 SEPTEMBER 3, 2003 PROPOSAL FOR: ENTRY GATEWAY REDESIGN AND R.O.W. MODIFICATONS FOR SARATOGA-SUNNYVALE ROAD City of Saratoga Public Works Department 13777 Fruitvale Avenue, Saratoga, California 95070 Mr. John Cherbone, Public Works Director 408 868-1241 408 868-1281 Fax BY: Greg G. Ing & Associates 1585 The Alameda, Suite 201 San Jose, California 95126 Mr. Steven J. Kikuchi 408947-7090 1 , . . . " . . . INTRODUCTION: The purpose of this work effort is to redesign the entry gateway comer at Prospect Road and Saratoga-Sunnyvale Road due to actual develop area at the comer was less then originally planned for as well as modify the Right of Ways on either side of Saratoga-Sunnyvale Road after the final Right of Way was determined by the City's surveyor. Adjustments to the construction documents are needed as well as new design concepts for the comer gateway treatment and reviews with the Saratoga Arts Commission. GlA/DSW will work with the Saratoga Arts COÜl1uÍssion to prepare Desiþu Cûücepts Íûr the Saratoga Gutt;way locattd at the scuth\vest comer of Saratoga-Sunnyvale Road and Prospect Avenue, That work will draw upon design concepts arrived at the Saratoga-Sunnyvale Road Task Force during the Saratoga Sunnyvale Road Streetscape project, but will reflect the new right-of-way information not available at the time of that work, the information gleaned rrom meetings with the adjacent property owner and the input rrom the Arts Commission members. Upon meeting with the Commission members to discuss possible design alternatives and based upon their input, will define a potential design direction. Once that design has been approved we will prepare Landscape Construction Documents for the approved gateway improvements including landscape, irrigation, and special entry monumentationlsignage. PROFESSIONAL SERVICES TO BE PROVIDED: Landscape Architectural: Work Program We will prepare design alternatives for the entry gateway comer and once the design has been approved we will prepare the necessary construction documents to illustrate how to build it. Also, revise and modifY right-of-way information that has caused some changes to the Saratoga- Sunnyvale Road proposed improvements. CLIENT or CITY'S RESPONSIBILITIES: I. The City will provide consultant with access to city maps, existing construction documents, records, studies, plans and other documents relating to project. 2. The City render decisions pertaining to the project promptly (projecting a 14 day turn-around time) to avoid unreasonable delay in the progress of consultant's work. 3. The City will provide consultant with all site surveys, legal description, geo-technical and soil reports and underground utility maps. 4. The City will provide all environmental clearances and permits required for the project. 2 , Proposal Entry Gateway ReDesign and Modifications to the ROW for Saratoga-Sunnyvale Road Sept. 3, 2003 Page 2 . PROFESSIONAL SERVICES NOT PROVIDED: 1. Site Observation or Construction Administration & Management 2. Any Agency fees or permits 3. Construction staking 4, Civil, Structural & Electrical Engineering 5. Topographical & Boundary Survey 6. Graphics, perspective renderings or elevations A nnT'T'TA7\T A T c.-.'DD'\lT£"VC.. _-:...::.::.=..=..=.~.:.'::-~ ~~.=.~ ~ .=.._..:..;.t:..,... Both parties, prior to proceeding with work, will perform any additional services beyond the scope of this agreement only under written approvaL Any revisions to the final design plan or cost estimate will be considered additional services and will be billed on a time and materia1 basis is accordance with our attached hour1y rate schedule for the year 2003 FEE: Description of Professional Services: 1.0 Redesign Entry Gateway Comer & Prepare Construction Documents . · Review any background infonnatjon reJa¡jve to the park and neighborhood. · Develop base sheet from existing infonnation by the city, · Alternative Design Concepts for corner · Prepare Construction Documents · Meetings w/staff and Arts Commission Principal: 24 hrs. x $ 150,00 Associate Landscape Architect: 50 hrs. x $ 125,00 PrQiect Landscape Architect: 60 hrs, x $ 100.00 $ 3,600.00 :Ii 12,250.00 $ 6,000.00 Sub-Total: $15,850.00 3 . e e . Proposal Entry Gateway ReDesign and Modifications to the ROW for Saratoga~Sunnyvale Road Sept. 3, 2003 Page 3 2.0 Right-of-Way modifications and changes to Saratoga-Sunnyvale Road · Review any background infonnation · Develop base sheet from existing information by the city. · Revise Construction Documents · Meetings w/staff Principal: 16 hrs. x $ 150.00 ,1,":S.'Jr:itlte Landscape A~chi!ec!: 49 hrs. x $ 125_0n Project Landscape Architect: 50 hrs. x $ ] 00. 00 $ 2,400.00 $ 6,.125.00 $ 5,000.00 Sub-Total: $ 13,525.00 TASK 1.0 & 2.0 1.0 Sub-Total: 2.0 Sub-Total: TOTAL FEE: $ 15,850.00 $ 13.525.00 $ 29,375.00 PAYMENT SCHEDULE 1. Services perfonned will be billed monthly as percentage of work is completed. AD invoices are due upon receipt. Upon 14 days after invoice date, the invoice wiD be considered past due and accrue interest at the rate of 1-1/2% per month or 18% annually. All work will stop after 14 days past due. 2. Direct expenses are in addition to the compensation for professional services, and shaD include the actual expenditures made by GIA in the interest of the project at a cost plus 30%, Direct expenses include the following: Blueprints, photocopies, CAD plots, postage and shipping, fax and long distance phone calls, film, mileage at .46 mile, etc, 3, Should either party commence any litigation hereto, the prevailing party in such litigation shaD be entitled to reasonable attorney's fees and costs as determined by the court of jurisdiction. 4, Limitation ofliability is the compensation paid to Greg G. Ing & Associates, 5. Landscape architects are licensed by the State of California," 4 Proposal Entry Gateway ReDesign and Modífications to the ROW for Saratoga-Sunnyvale Road Sept. 3, 2003 Page 4 TIME FRAME OR SCHEDULE: The estimated time trame to complete the landscape design will take approximately ten (12) to (16) weeks trom the issuances of the design contract. Upon the signing of the contract Greg G. Ing & Associates will determine a specific project timetable at the commencement of the project with city staff. Greg G. Ing & Associates takes no responsibility for the client's time to make decisions upon reviewing plans submitted for client's approval and direction. Greg G, Ing & Associates upon being selected will provide the City of Saratoga with all insurance certificates prior to execution of the contract. This proposal will be honored for 60 days trom the date it was prepared after it shall become null and void, Respectfully submitted, Steven J. Kikuchi, Landscape Architect 5 . . . . Greg G. Ing & Associates SCHEDULE OF HOURLY RATES Effective from January 1, thru December 31,2003 The following rates are applicable professional services to hourly rate contracts, extra work items, and per diem accounts: Classification Hourlv Rate Principal $ 150.00 Associate Landscape Architect $ 125.00 Project Landscape Architect $ 100.00 . Staff Landscape Architect Technical $ 85.00 Ad min istration/Clerical $ 85.00 . 6 . SARATOGA CITY COUNCIL MEETING DATE: December I?, 2003 AGENDA ITEM: t- CITYMANAGER:rt?J~ DEPT HEAD: ~.../' ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP SUBJECT: Zoning Ordinance Amendment to create an Overlay Zone for Drive-Through Services RECOMMENDED ACTION: Conduct the required Public Hearing and grant first reading to the attached draft Ordinance and direct Staff to place the Ordinance on the consent calendar of the next City Council meeting agenda. Staff further recommends that the City Council grant a Negative Declaration of environmental Impact to the proposed Ordinance by adopting the attached Resolution. . REPORT SUMMARY: The Saratoga City Code in section 15-19.020(c) (3) prohibits drive-through services, The creation of an Overlay Zone for this Commercial-Neighborhood area will allow drive-through services in this single area. On October 1, 2003 the City Council adopted a Resolution of Intent directing the Planning Commission to consider an Overlay Zone, which would allow such drive- through services in this area only. In doing so the City Council made the following two findings: . The proposed amendments to the zoning regulations are needed so that this particular area is commercially competitive with the contiguous area with the City of SanJose. . That the proposed amendments will not be detrimental to the public health, safety or welfare, nor be materially injurious to the properties or improvements in the vicinity in that having drive through facilities in this area will not lead to cut through traffic. Typically, cities disallow drive-through services based on traffic and air quality issues. Fast food restaurants with drive-through services normally generate 40 to 60% more sales. As such, the argument is that there will be 40 to 60% more traffic and air pollurion, In this particular commercial area there is already fast food restaurants with drive-through services. There is also a car wash facility in this area, which is "drive-through" in hature. Drive-through services could include other uses in addition to food service such as banks, pharmacies and the like. . On November 12, 2003 the Planning Commission conducted a Public Hearing to consider recommending the City Council establish an Overlay Zone, which would conditionally allow drive-through services in the CN Zone bounded by Lawrence Expressway and Prospect Avenue. Part of the Planning Commission's recommendation is that if such an Overlay Zone is . established it should also include the requirement that a Use Pemút be required in all cases to establish a business with drive-through services, This will allow the City to require traffic and circulation studies for all such applications. It will also allow each application to be evaluated on its own individual merits. Hours of peak operations need to be compared to hours of peak traffic in the general area, FISCAL IMPACTS: None CONSEQUENCES OFNOT FOLLOWING RECOMMENDED ACTION: .. _..n...__ This area will continue to be at a business Clisaclval1ta.gewith the contiguous commercial properties within the City of San Jose. ALTERNATIVE ACTION: Leave the Ordinance as is. FOLLOW UP ACTION: Place the Ordinance on the Consent Calendar of the next City Council Agenda for second . reading and adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: This proposed Ordinance and Environmental Detennination was advertised in the Saratoga News in the November 26, 2003 issue. ATTACHMENTS: 1. Draft Ordinance 2. Initial Study and Negative Declaration of Environmental Impact 3. Planning Commission Resolution . 20f2 · ORDINANCE AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA ESTABUSHING A DRIVE THROUGH OVERLAY DISTRICT FOR THE COMMERCIAL- NEIGHBORHOOD (CN) AREA BOUNDED BY LAWRENCE EXPRESSWAY AND PROSPECT AVENUE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOllOWS: Section 1. Findings. The City Council finds and declares as following': A. The Planning Commission has conducted a public hearing to consider amendments to the zoning code with respect to allowing drive through businesses in the Commercial-Neighborhood (CN) area bounded by La~\vrence r......:press\vay) Prospect .Å.vcnuc an.d the City T 11TJt T illC (as sho\vn. on exhibit A) and has adopted a Resolution recommending the City Council amend the City Code. R The adoption of a Drive-Through Overlay District will allow even competition with contiguous commercial areas within the City of San Jose. c. This ordinance amends the City Code to provide a Drive-Through Overlay District in a single Commercial-Neighborhood area of the City that is adjacent to a commercial district in San Jose, which allows drive through services. · Section 2, Adoption, Section 15- mOIO is here by amended by adding subsection (n) to read as follows: "(n) CN DrÍve-Through Overlay DÍstríct for the CN Zone Bounded by Lawrence Expressway and Prospect A venue, NotWÍthstandÍng sectÍon 15-19.020(c), a Use PermÍt shall be reqwred Ín all cases to establÍsh a busÍness WÍth drÍve-through senifces as shown on the followÍng map exhÍhÍt A traffic and CÍrculatÍon study shall be prepared for all such applícatÍons. Each applícatÍon shall be evaluated on Íts own ÍndÍvÍdual merÍts. Hours of peak operatÍons shall be compared to hours of peak traffic Ín the general area. " · City limits ~ N W*E S ~~ is.] Di\le-1tro0ieflayZme r$DParceI$ ~ [ðJ STeeU''¡¡'rrm I~ ..' .- h)'Œo 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 Ciry Council declares that it would have adopted the rema\ning provisions of this ordinance irrespective of the portion held invalid, and further declares its express intem 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 Ciry 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 19 day of December, 2003, and was adopted by, the following vote following a second reading on rhe _ day of _,2004: AYES: NOES: ABSENT: ABSTAIN: ANN W ALTONSMlTH. MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY . . . . . . RESOLUTION NO. 03- _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A ZONING ORDINANCE AMENDMENT CREATING AN OVERLAY ZONE FOR THE CN DISTRICT BOUNDED BY LAWRENCE EXPRESSWAY AND PROSPECT AVENUE Environmental Determination for Zoning Ordinance Amendment relating to an Overlay Zone to allow drive-through services. 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 proposed creation of an overlay zone to allow drive-through services in the CN Zone bounded by Lawrence Expressway on the sough, Prospect Avenue on the north and the City limit line on the east; and WHEREAS, the City Council has reviewed the infonnation included in the Initial Study of Environmental Impact attached hereto. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the 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 creation of an overlay zone to allow drive-through services in the CN Zone bounded by Lawrence Expressway on the sough, Prospect Avenue on the north and the City limit line on the east Section 2. Pursuant to the requirements of the Saratoga City Code and the Call1ornia Environmental Quality Act, this Resolution shall become effective fifteen (IS) days from the date of adoption. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California on November 5, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer. City Clerk CITY OF SARATOGA INITIAL STUDY . 1. Project Title: Zoning Ordinance Amendment to create an Overlay Zone for Drive-Through Services 2. Lead Asency Name & .å.ddress: City of Saratoga, Community Deve!opment Department 3. Contact Person & Phone # 13777 Fruitvale Avenue, Saratoga, CA 95070 Thomas Sullivan, AICP, 408.868.1222 CN Zone bounded by Lawrence Expressway and Prospect Avenue City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 Commercial Retail (CR) 4. Project Location 5, Project Sponsor's Name & Address: 6. General Plan Designation: 7, Zoning: Commercial Neighborhood (CN) . 8. Description of Project: (Describe the whole action invoived, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The project is to amend the Zoning Map to allow Drive·through services in the CN Zone bounded by Lawrence Expressway and Prospect Avenue 9. Surrounding land uses and setting: (Briefly describe the project's surroundings.) The land uses on all sides is Commercial 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): No other agencies are involved ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "POTENTIALLY SIGNIFICANT IMPACT" as indicated by the checklist on the following pages. o Aesthetics o Biological Resources o Hazards & Hazardous Materials o Mineral Resources o Public Services o Utilities/Service Systems o Agriculture Resources o Cultural Resources o HydrologyfWater Quality o Noise o Recreation D Mandatory Findings of Significance [J Air Quality [J Geology/Soils [J Land Use/Planning o Population/Housing [] TransportationfTraffic . DETERMINATION: On the basis of this initial evaluation: .find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared, X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MiTIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposal MAY have a "potentially significant 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 legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ¡ fjnd that a¡though the proposed project could have a significant effect on the envkonmcnt, bec2use a!! potentia!!y 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 I Director Printed Name Community Development Department For . . 2 Issues (and Supporting Information Services): Potentia((y Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact . I. AESTHETICS. Would the project: x a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a scenic highway? a) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or giare, which would adversely affect day or nighttime views in the area? Discussion of Aesthetics Impacts: The area is currently developed in a variety of commercial buildings; there are no scenic resources. x x x II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies my refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non·agrlcultural use? . x b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? x c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? x Discussion of Agriculture Resources Impacts: No discussion is required. 11/. AIR QUALITY: Where available, the significance criteria established by the San Luis Obispo County Air Pollution Control 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 vioiation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant X . X 3 .ssues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact concentrations? e) Create objectionable odors affecting a substantial X number of people? Discussion of Air Quality Impacts: an Expressway and an Arterial bound the area that the Overlay will be established, The addition of drive-through services will not significantly increase traffic volumes and consequently further degrade the air quality. IV. BIOLOGICAL RESOURCES, Would the project: a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? . b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, poiicies, and regulations or by the California Dept. of Fish and Game or U.S. Fish and Wiidlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (inciuding, but not iimited 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 wildiife 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: N/A V, CULTURAL RESOURCES. Would the project: . a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? 4 X X X X X X X Issues (and Supporting Information Services): 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 paleontological resource or site or unique geoiogic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Discussion of Cultural Resources Impacts: NIA VI. GEOLOGY AND SOilS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of ioss, 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 Buiiding Code (1997), creating substantial risks to life or property? Potentially Significant Impact e) Have soils incapable of adequately supporting the use of septic tanks or aiternative wastewater disposal systems where sewers are not availabie for the disposal of wastewater? Discussion of Geology and Soils Impacts: NIA 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? 5 Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact . x x x x x . x X X X X . _sues (and Supporting Information Services): b) Create a significant hazard to the public or the environment through reasonably foreseeable upset 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? dj Be iocated on a site which is included on a Hst 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 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: NIA VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? e b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially aiter the existing drainage pattern of Potentially Significant Impact 6 Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact x X X x X X X X X X Issues (and Supporting Information Services): 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- site? ' e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 1 DO-year fioor 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 fiooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Discussion of Hydrology and Water Quality Impacts: NIA IX, 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) Confiict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact e x x x x X e X X X Discussion of Land Use and Planning Impacts: the proposed Overlay Zone addresses Planning and Land Use issues related to drive-through services. 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? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 7 X e X .sues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Discussion of Energy and Mineral Resources Impacts: 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 in excess of standards estabiished 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 ievels? . c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above leveis existing without the project? e) For a project located within an airport iand 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: NIA 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? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Discussion of Population and Housing Impacts: N/A 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: 8 x x x x x x x x Issues (and Supporting Information Services): Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact . Fire Protection? x X X X X Police Protection? Schools? Parks Other public facilities? Discussion of Public Services Impacts: N/A XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? X X Discussion of Recreation Impacts: N/A XV. TRANSPORT ATIONrrRAFFIC: Would Ihe project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections )? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either, an increase in traffic levels or a change in location that result In substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? X g) Confiict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus . turnouts, bicycle racks)? Discussion of Transportation/Circulation Impacts: the proposed amendment requires traffic analysis and . X X X X 9 ·sues (and Supporting Information Services): Potentially Significant Impact mitigation for future applications for drive-through services. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment 'requirements of the Regional Water Quality Controi Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing faciiities, 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 faciiities, the construction of which could cause significant environmental effects? d) Have sufficient water suppiies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? . e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to soiid waste? Discussion of Utilities and Service Systems Impacts: NIA XVII, MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quaiity of the environment, substantially reduce the habitat of a fish or wildiife species, cause a fish or wildiife population to drop below self-sustaining levels, threaten to eiiminate 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.) 10 Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact x x X X X X X X X Issues (and Supporting Information Services): c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? EARLIER ANALYSES: SOURCE LIST: Saratoga General Plan Saratoga Municipa! CQde Saratoga Zoning Ordinance Potentially Significant 'Impact 11 Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact x . . . · · · RESOLUTION No. 03-048 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received direction from the City Council to consider creating an Overlay Zone which would allow drive-through services in the CN Zone bounded by Lawrence Expressway and Prospect Avenue; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all ÍLîterested parties \vere given a fûll opporttmit:y to be heard and to present c,ridcl1cc; and WHEREAS, the burden of proof required to support the creation of an Overlay Zone to allow drive-through services, and the following findings have been detennined: . The proposed amendments to the zoning regulations are needed so that this particular area is commercially competitive with the contiguous area with the City of San Jose. . That the proposed amendments will not be detrimental to the public health, safety or weJ£are, nor be materially injurious to the properties or improvements in the vicinity in that having drive through facilities in this area will not lead to cut through traffic. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 15-10.010 is hereby amended by adding subsection (n.) to read as follows: "(n) CN DrÍve- Through Overlay DÍstrÍct for the CN Zone Bounded by Lawrence Expressway and Prospect A venue. A Use PerII1Ít shall be requÍred Ín all cases to estabHsh a busÍness wÍth drÍve-through servÍCes as shown on the followÍng map exhÍbÍt. A traInc and CÍrculatÍon study shall be prepared for all such appHcatÍons. Each appHcatÍon shall be evaluated on Íts own ÍndjvÍdual merÍts. Hours of peak operatÍons shall be compared to hours of peak traInc Ín the general area. " PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, November 12, 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: GARAKANI, BARRY, UHL, ZUTSHI AND CHAIR HUNTER NONE NAGPAL, SCHAil.OP NONE ATTEST: Chair, Planning Commission Commission Secretary to the Planning . . . SARATOGA CITY COUNCIL MEETING DATE: December 17, 2003 ..~ CITY MANAGER: &2 ~ DEPTHEAD: ~~ AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone SUBJECT: Five Year (2001-2006) CapitalImprovement Plan (CIP) - F.Y. 03/04 Update RECOMMENDED ACTlON(S): 1. Adopt Resolution amending 2001-2006 CIP Budget reflecting Council direction ITom the November 5, 2003, City Council Meeting. 2, Open the Public Hearing continued ITom the November 5th City Council Meeting for the F.Y. 03/04 CIP Update. 3, Consider additional candidate CIP Projects as listed in the report and Review Projects in the adopted CIP and amend their funding levels if desired, 4. Continue Public Hearing to the January 7,2004, City Council Meeting for environmental review and final adoption ofthe new CIP Projects. REPORT SUMMARY: 1. CIP PROCESS This is the continuation ofthe CIP process, which was set in motion at the October 15th City Council Meeting and then continued with the opening of the Public Hearing process at the November 5th City Council Meeting. The main focus of this meeting is to continue the Public Hearing to allow for public input on the CIP and for City Council to make any revisions to the funding levels decisions made at the November 5 Public Hearing. At their December loth meeting the Planning Commission reviewed the new CIP projects for General Plan conformity and subsequently found no issues in connection to the General Plan (see attached Planning Commission Resolution No. 03-052). In addition, the Finance Commission was given a brief overview of the new CIP projects at their November 19 meeting, The last stage of the CIP process is scheduled to occur at the January 7, 2004, City Council Meeting where the CIP Public Hearing will continue with the focus on environmental review of the new projects. The CIP process will then culminate with the final adoption of the new CIP projects by City Council. 2. STATUS OF CIP FUNDS . Cost Summary of New and Adopted Unfunded CIP Projects as Directed by City Council at the November 5, City Council Meeting: New CIP Projects: Civic Theater Lower Perimeter Re-Roof: Civic Cellter Eave Replacement - Community DevelopmentJEngineering: Village Façade Matching Fund: Foothill School Joint Improvements (Field Improvements): Blaney Plaza Improvements - Construction Phase: Fire Alann System for the Historical Park Buildings: Repair Work to Trail Segment #3 ("Tank Trail"): Sobey Road/Quito Road Traffic Improvements: Norton Road Fire Access Road: Aloha Street Safety Improvements: North Campus Improvements (Fellowship Hall): Odd Fellows Trail Development: San Marcos Open Space Trail: New City "Gateway" Monument Signs: Adopted Unfunded CIP Projects: Park/Trail Repairs: Kevin Moran Park Improvements: Median Repairs (Landscapingfhrigation): Total: $49,500 $17,600 $50,000 $0 $121,000 $7,425 $16,500 $150,000 $110,000 $49,500 $151,800 $60,500 $27,500 $17,500 . $30,000 $400,000 $82,500 $1,341,325 I Total Funds Currently Available for New or Existing CIP Projects: $1,340,589 3. ADDITIONAL CIP PROJECTS FOR CITY COUNCIL CONSIDERATION The following three additional CIP projects are submitted for City Council consideration for inclusion into the 2001-2006 CIP and/or the 2007-2012 CIP, The cost of the three projects total $358,000. These projects were generated from public input during the CIP process and therefore are appropriate to consider prior to the conclusion of this year's CIP Update. 20f5 . c e · Book-Go-Around Repair Work: This repair project at the City's Book-Go-Around Building is a submission by the City's Facility Division. The estimated cost of the repair work is $35,000 and consists of two repalT areas. Roof Repairs: The current roofis leaking and causing damage to the interior of the building. The existing tile will be removed and reinstalled, with copper nails and wire, after a new underlayment is installed, Interior Storage Room Repairs: Last year the City spent approximately $14,000 in emergency repairs to the storage room because of a mold problem due to water leaks. As part of the .relnediatiol1s, all \valls da.:üaged ,"vere removed, Repair \vork to the storage area is now needed and, also, the wall fi:aming in this area is dry rotted and tennite affected. . Chester Storm Drain Improvements: e This project would install a new stonn drain at the intersection of Chester Avenue and Vasona Creek. The existing stonn drain system is inadequate in large rain events, which causes periodic roadway flooding. Staffhas studied the problem and has detennined that a new parallel stonn drain line would be required to mitigate the flooding issue. The new stonn drain would consist of 680 feet of new stonn drain consisting of 36" and 42" lines, 3 manholes, a new outfall in San Thomas Aquino Creek, and modifications to the existing inlet/headwall structure. The estimated cost for this project is $178,000, . Highway 9/0ak Place Pedestrian Signal: Please refer to the attached Memorandum from the City's Traffic Engineer for detailed infonnation regarding the Pedestrian Signal at Highway 9 and Oak Place, In conclusion, the intersection does not meet traffic warrants, which will make it difficult to obtain approval fi:om Caltrans, if Council chooses to move forward with the project. However, if the community places a high importance on installation of a Pedestrian Signal there is a possibility that approval could be obtained even though warrants have not been met. In addition, the Traffic Engineer lists other remedial measures in his report that are recommended as alternatives to the Pedestrian Signal. Option I: Install Pedestrian Signal e Under this option a warrant study in Caltrans fonnat will be submitted to Caltrans Traffic Design Division for approval. If it is not approved, and likely it will not, the City can appeal the decision up the Caltrans chain of command. This will require City Council and Community lobbying to gain a favorable decision, The estimated time for approval, if attainable, is one year fi:om initial submittal. The estimated cost for a pedestrian signal is $145,000, which includes $20,000 for engineering design work. 30f5 J Option 2: Other Remedial Measures . I) Cross hatched painted crosswalk 2) Addition of a streetlight 3) Advanced warning signs 4) Installing raised concrete bulb-outs 5) Overhead flashing beacons 6) Combination of one or more of the above Please refer to the attached Memorandum from the City's Traffic Engineer for detailed information regarding the above remedial measures. The cost for the remedial measures range ITom $1,000 for signage and striping to $50,000 for warning lights and bulb-outs, The following funding options have been identified in regard to incorporation of the three additional projects into the City's CIP: I) Include the projects in the 2001-2006 CIP, funded or unfunded. 2) Add the projects to the list of projects for consideration in the 2007-2012 CIP. 3) Fund engineering or design work only. 4) Consider the projects during the annual budget process for incorporation in the operating budget. 5) Combination of 1 to 4 above, e Funding ofthese projects is a challenge considering the current fiscal state of the City. However, Council could reprioritize the funding levels ofthe new CIP projects being considered or fund them utilizing other sources such as unobligated General Funds or City Council Contingency, FISCAL IMPACTS: Unknown at this time. Depends on the final CIP project list. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not Applicable. e 40f5 , · · · ALTERNATIVE ACTlON(S): None in addition to the above, FOLLOW UP ACTlON(S): The continuation of the Public Hearing will be scheduled for the January 7,2004 City Council meeting, ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: I. Budget Resolution. 2. Planning Commission Resolution No. 03-052 3. CIP Project Spreadsheet 4. Traffic Study for the Highway 9/0ak Place Pedestrian Signal. 50f5 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE MULTIPLE YEAR CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET WHEREAS, The City of Saratoga established a new CIP budget on December 19,2001; and WHEREAS, the CIP budget is a multiple year budget where appropriations are project length and do not also lapse at operating [¡seal year end; and WHEREAS, the need to amend the existing CIP is based upon new infonnation and new priorities established by the existing City Council; and NOW, THEREFORE, the City Council ofthe City of Saratoga hereby approves as follows: Amendment To The Adopted 2001-2006 CIP In recent review of the Adopted 2001-2006 CIP, project scopes were either revised, projects completed, and/or new sources of funding (i.e. revenue grants) identified. As a result, . the amount of$410,000, from the Animal Control Facility Project, has detennined to be freed or "unobligated" . The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Arm Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk . , · · · ApPROVAL OF RESOLUTION No. 03~052 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received a request from the Public Works Director to find that the Proposed Capitol Improvement Program is consistent with t..he Citv of Sarato!la Gener?l Plan~ and , v WHEREAS, the Planning Commission reviewed and considered the materials submitted by the Public Works Director which include a listing of each capitol project and the corresponding General Plan Goal and Policy, attached as Exhibit A. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby find that the proposed Capitol Improvement Program is consistent with the Goals and Policies of the City of Saratoga General Plan in that the various improvement projects implement the programs and objectives outlined in the various General Plan Elements. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on December 10, 2003 by the following roll call vote: AYES: Barry, Garakani, Nagpal, Schallop, Zutsm &:: Chair Hunter NOES: None ABSENT: Uhl ABSTAIN: None Chair, Planrúng Commission ATTEST: Secretary to the Planning Commission fþ FEHR & PEERS TRANSPORTATION CDNSULTANTS J . MEMORANDUM To: John Cherbone, City of Saratoga Cc: Sohrab RasIlld From: Frank AocIll Date: March 10, 2003 Subject: Proposed Traffic Control for Pedestrian Crossing on Saratoga-Los Gatos Road at Oak Street 1025-446 As requested, both Sohráb and I evaluated the proposed pedestrian signal control for the . crosswalk on Saratoga-Los Gatos Road at Oak Street. TIlls memorandum presents our evaluation and recommendations with options, Observations and Evaluation Based on the MUTCD and our field investigation: · TIlls intersection does not meet the minimum conditions to warrant a pedestrian traffic signal. Warrant 4, Pedestrian Volume, requires 100 or more pedestrians for each of any 4 hours or 190 or more during any 1 hour during an average day; and fewer thán 60 gaps per hour in the traffic stream, These conditions do not exist at this location. · TIlls intersection may not meet the minimum conditions to warrant a school- crossing signal. Warrant 5, School Crossing, requires a minimum of 20 students during the Illghest crossing hour. We have nofconducted detailed counts to verify this number but based on our observation of tIlls intersection one afternoon there was not enough pedestrian volume to meet this warrant. · The MUTCD states that consideration should be given to the implementation of other remedial measures, such as warning signs and flashers, school speed zones, or school crossing guards. I did not see any school crossing guards nor warning flashers in use at tms location during my field observation from 2:45 to 3:25 PM on Monday, February 24th. . 255 N. Market Street, Suite 200 San Jose, CA 95110 (408) 278·1)00 Fax (408) 278·1717 www.fehrandpeers.com , · . The existing crosswalk is approximately 60 feet long. At a nonnal walking speed of 4 feet per second, it would take an able bodied pedestrian 15 seconds to cross the street. Saratoga-Los Gatos Road has one eastbound lane, one westbound lane and one left-turn lane between Oak Street and Oak Place. The remaining paved section is the shoulder area. Assuming a standard lane width of 12 feet and shoulder width of 4 feet, the travel way would only require 44 feet. Saratoga-Los Gatos Road transitions in this section from two lanes east of Oak Place to four lanes west of Oak Street. . There are two mature trees on the southeast comer of the intersection. The shadows cast by these trees covers the south side of the crosswalk and pedestrians on this side, Pedestrians in the crosswalk are difficult to see in the evening by approaching drivers, There are three streetlights in the area of this intersection but none are close enough to light up this comer especially when the trees are at full ofleaves. Improvement Options · As recommended by the MUTCD, the use of remedial measures should be considered before installing a traffic signaL There are many' traffic devices available than can be utilized to help provide a safer pedestrian crossing at this location. The following are some options that can be used either by themselves or in combination with another to help provide a safer crossing at this location. Figure 1 helps illustrate these options. · · The crosswalk can be highlighted to enhance its visibility. Using the zebra style striping for the crosswalk instead of the standard two parallel lines will accent the crosswalk and make approaching drivers more aware of the crosswalk. · Adding a streetlight on the southeast comer of Oak Street and Saratoga-Los Gatos Road will make the crosswalk and the pedestrians in it more visible to approaching drivers during the evening and at night. Trimming back some ofthe branches on the trees will also help cast additional light onto the crosswalk and this comer. · Advance warning signs with flashing beacons will alert drivers of a school crossing ahead. The beacons can be solar powered to eliminate utility maintenance costs and can also be set on a timer to activate only during school hours if desired. The advance warning sign and beacon can be placed approximately 300 feet nom the crosswalk to provide enough distance for a driver to come to a stop from a speed of 40 miles per hour. Numerous vehicles appear to be traveling in excess of the 30 miles per hour posted speed limit. The advance warning sign should be a Caltrans type W63 warning sign. (See Detail A) · Installing raised concrete bulb-outs will shorten the crosswalk, which will allow the pedestrians to cross the street in less time creating shorter delays for traffic at this location, The bulb-outs will also have a much-needed traffic calming effect on drivers on Saratoga-Los Gatos Road. · Using overhead flashing beacons will help draw attention to the crosswalk and can also alert approaching drivers when a pedestrian is using the crosswalk. The basic 2 J . system would have the beacons constantly flashing throughout the day with a W66 warning sign on the mast ann. A more advance system would activate the overhead flashing beacons only when a pedestrian is present. The sign on the mast ann would alert the approaching drivers that a pedestrian is in the crosswalk when the lights are flashing. Instead of a regular sign panel, an electronic flashing sign can be used that' would also activate when a pedestrian is present, (see Detail B). The detector system can be one of several types available. o The standard system is the pedestrian push button on a pole. The sign on the push button would let the pedestrian !mow that the button only activates the crosswalk warning lights and reminds them to cross with caution. o Another system for detecting pedest."1.a1ls is a pressure sensor. This is a passive detection device that detects the presents of a pedestrian when they are standing on the detector pad. This device also works for wheelchairs and children. The pad can be constructed in different sizes. ' o Another passive pedestrian detection system is an optical or infrared light system. The detection device is housed in a pair of bollards or decorative posts. The detector is activated when a pedestrian passes between the bollards. · The streetlight recommended earlier for the southeast comer can be mounted on the mast ann pole used for the overhead flashing beacon and sign on this corner, (see Detail C). . · A new crosswalk warning device is now being used to enhance visibility of crosswalks in other South Bay communities and could be used at this location, This device includes small flashing lights installed in the pavement on both sides of the crosswalk, The lights are activated by the presence of a pedestrian and warn approaching drivers that a pedestrian is in the crosswalk similar tö the overhead flashing beacons mentioned earlier. Since this device is relatively new to the area and may not be immediately understood by the public, it may be prudent to use it in conjunction with the more familiar overhead flashing beacons and warning signs. · A pedestrian only traffic signal would stop traffic on Saratoga-Los Gatos Road for pedestrians using the crosswalk, This type of traffic control is typically used for midblock crossings. The distance between Oak Street and Oak Place is approximately 150 feet from centerline to centerline. Even if the crosswalk was relocated midway between both streets, vehicles stopping for pedestrians could block access to both side streets and both driveways located on the north side opposite Oak Street. In addition, drivers may be confused with the use of both a stop sign and a traffic signal located at the sarne intersection Or adjacent to each other. · The final option is a full traffic signal system at Oak Street with pedestrian signals, This would be a more typical use of a signal system at an intersection. The traffic signal would control vehicles approaching from all directions and the crosswalks on Oak Street and Saratoga-Los Gatos Road. This traffic signal would be interconnected with the existing traffic signal at Saratoga A venue to keep the traffic . flowing on Saratoga-Los Gatos Road. A full traffic signal system for this 3 , . intersection may not be warranted based on the existing traffic volumes. A detailed traffic count of this intersection would be needed to coiúirrn this. Summary The existing crosswalk is located at the intersection of Saratoga-Los Gatos Road and Oak Street. This intersection currently does not meet the signal warrants required to install a pedestrian only signaL If the crosswalk were to be signalized, the signal should be a full traffic signal system for the Oak Street intersection. The traffic volume on Oak Street does not meet signàl warrants. The problem with this crosswalk is that it is not immediately obvious to all approaching drivers. It is already located several hundred feet from a signalized intersection with crosswalks and is located on a high volume commute route, An uncontrolled crosswalk several hundred feet away is not expected and vehicles approach it at a high rate of speed, especiàlly in the westbound direction on Saratoga-Los Gatos Road. A solution would be to draw attention to this crosswalk, especially when it is occupied. The use of a pedestrian actuated flashing beacon system could alert approaching drivers when a pedestrian is using the crosswalk. . Although this is a school crosswalk, not too many students use it. This may be because the students and parents feel this crosswalk forces the child to make a difficult decision of when it is safe to cross a busy street. The posted speed limit on Saratoga-Los Gatos Road is 30 miles per hour but the actual speed of the traffic is closer to 40 miles per hour. Utilizing adult crossing guards during the periods when the students are going and coming from school would leave the decision-making to the adult and help minimize the danger of children crossing Saratoga-Los Gatos Road. Also, the use of a flashing beacon warning system would alert approaching drivers to slow down and stop if needed. An overhead flashing beacon is commonly used for school crosswalks on busy streets, Other improvements such as using different crosswalk striping, adding bulb-outs and additional lighting would help draw attention to the crosswalk and minimize the amount of time the pedestrian is exposed to traffic. All of these devices are designed for improving the pedestrian crossing and are more easily recognized by drivers as pedestrian warning devices, A traffic signal system is more commonly identified as a vehicle control device at an intersection. . 4 Not to .... I Detail A ,........ Fehr & Peers Associates 12" YELLOW FLASHING BEACON 36" \ , W63~ D ~ ,...----, CALTRANS TYPE 1-B WITH FLASHING BEACON AND W63 SIGN .. . . . 7' . /fþ' \ e e e I Detail B ,........ ........ F ehr & Peers Associates . i 1D ~~iD)~~ìílR1~~1M BLANK OUT FLASHING SIGN - ~IM ([;1R1@~~W~ILOC 18' . \_ 5.5' '.1 /SPECIAL SIGN PED iN XWALK )" WHEN LIGHTS D FLASHING . PANEL . 36" W66~ 20' ~- 12" YELLOW FLASHING BEACON TRAVEL LANE CAL TRANS 1YPE 9 CANTILEVER FLASHING BEACON WITH SPECIAL SIGN PANEL OR BLANK OUT FLASHING SIGN ,----, . I fþ I 200W STREET LIGHT ~ rl BLANK OUT FLASHING SIG~ ~~IDJ~~ìnPü~~1fiI m (c;[?Ú@~~W~lLllf Not...... I DetailC ......... Fehr & Peers Associates + i to I. ___ .~'~'...... ~I/SPECIAL SIGN ~tü iN ÄWALK WHEN LIGHTS FLASHING 20' . o 12" YELLOW FLASHING BEACON TRAVEL LANE ~ -I PANEL ~ 36" W66 ~ 20' -M- .---. CALTRANS TYPE 19·4·129 WITH FLASHING BEACON AND SPECIAL SIGN PANEL OR BLANK OUT FLASHING SIGN ¡ . ~ . 30' . . . Ifþ' ...J ..... ,-+-t " ~ o ill 0: !!L o:::~ ~ I · I 1-<.9 ¡I', j I Z¡¡: w I 0 0 .~. ~ · ~~ e " u w "0 ~~~~/ 0 ~ I <9 ~ " ~ I Z '2 _ I Q'-fb-O ~ C/) ~ ~ C/) ~~" 0 0::: I ~~~ () I ~~~ . Z ~"- g « æ ~ ~ ~ ~ ~~ ~I~ I ~~ ~~ ~ ü:: I ~o: ~t; I- i· - W~~ Ö C/) / ~~ " i I ~I íi~ : l.LJ ¡¡;¡ õ 0 ~~ I ~~ m ~ l.LJ a.. · ~ß ~! .~ ~¡'íii' ~~~ ~~~ ~~"- :~~ ~~~ .l.33"!:11S )\'9'0 ~I I I ~ ~ ~ I I ~ I I .~. ,; l:>. I ~~ I tIJ~ ~ "1<3 W \ b<. !,f. ~ :%" U~ ~§. I C/)§ 1 I <è; \ C/) ~ ~ ~~~: <'ò ~~~e I ~ 8 .~~ 0 i ...g, \ N ,.: ce-1 I · I Þ e e . SARATOGA CITY COUNCIL MEETING DATE: /I Ve-2 ¿;3/ December 17, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: Lorie Tinfow DEPT HEAD: SUBJECT: Animal Control Service Provider Choices RECOMMENDED ACTIONS: Accept report and direct staff accordingly. REPORT SUMMARY: The City of Saratoga was one of seven Cities that formed the Silicon Valley Animal Control Authority (SV ACA) to provide animal control services in the areas of field, shelter and licensing. During the past year, Sunnyvale and Cupertino decided to withdraw from SV ACA due to several umesolved issues and concerns over upcoming shelter operating and construction costs. As a result, Saratoga's share of total costs associated with SV ACA significantly increased. In October of this year, City Council directed staff to request proposals for anima] services from the City of San Jose and bring back information for Council consideration. Saratoga received a proposal from the City of San Jose and brought it to Council for consideration on November 19, After review of the proposal Council directed staffto continue negotiations with the City of San Jose with the purpose of signing a long-tenncontract for animal control services. The cities of Cupertino and Los Gatos have also been negotiating with the City of San Jose for animal control services, In addition, SV ACA has issued a new proposal to alJ three Cities in an effort to keep us in the JP A. Deal Point Comparison The attached comparison tables (Attachments A & B) present deal points and service levels associated with each provider. A copy ofSV ACA's new proposal is attached as Attachment C and a copy ofthe proposed contract with the City of San Jose is included as Attachment D. In summary, the new SV ACA proposal (Option 1) provides competitive pricing, shelter equity, a vote on the board, and continued input and control on the operation and budget level of SV ACA. Our customer satisfaction experience with SV ACA (response times, etc.) has been excelJent. However, shelter construction must still be completed so some uncertainty with final costs still exists. San Jose offers competitive pricing, possible refund of capital contribution during the first 3 years, and a higher field staff ratio for the three Cities than provided by SV ACA. However, staff remains concerned about San Jose's response times. The refund possibility acts as a satisfaction guarantee . for the time period it applies and would certainly give us leverage to convince San Jose to make response time improvements. No such concern is associated with SV ACA's service, The actual cost of each option to Saratoga is contingent on the decisions ofthe Los Gatos and Cupertino City Councils-Cupertino is scheduled to consider the matter on December 15, 2003, and Los Gatos on January 5, 2004. However, costs are lower with both providers if we act in accordance with the two Cities. Two Options Council is asked to select one of the following options and provide the direction indicated. . Option 1: Remain with Silicon Valley Animal Control Authority uuder uew conditions. If this option is selected, staff would draft a letter accepting the new provisions for the City Manager's signature, If the JPA document has to be formally amended to reflect the new arrangement, staff will prepare the report and bring to Council as soon as possible. . Option 2: Contract with San Jose. If this option is selected, staff asks Council for direction on the following two remaining agreement issues: . Compensation to San Jose as a flat fee or per animal? San Jose prefers a flat fee for administrative purposes but is willing to negotiate a "cost per animal" fee. Per anima] means that costs will fluctuate, both up and down. Staff recommends paying a flat fee. . Increase the annual compensation each year or each 3-year period? San Jose is willing to contract on either basis. Staff recommends increases at 3-year intervals (see the draft contract for the increase formula) for now. . If this option were to be approved by Council, staff would prepare a final agreement with San Jose that reflects Council direction and bring it back to Council on January 21, 2004. FISCAL IMPACTS: Option 1: Remain with SV ACA under new conditions. Annual service contract costs would change each year but, depending on the actions of Cupertino and Los Gatos, may be less than the proposal offered by San Jose. The $300,000 capital contribution is budgeted in the Capital hnprovement Program, SV ACA would accept the contribution as an equity investment in the shelter. Saratoga would receive a share of any sales proceeds should the facility be sold in the future. Option 2: Contract with San Jose. Annual service contract costs would be specified for three years and, depending on the actions of Cupertino and Los Gatos, may be less than the proposal offered by SV ACA. The $300,000 capital contribution is budgeted in the Capital hnprovement Program. Should Saratoga decide to change providers within the first 3-year agreement period, some amount of the capital contribution would be returned to the City. . 2 e e e CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: Without Council direction to change service providers or to confirm the new provisision associated with SV ACA membership, Saratoga will continue to receive animal control services rrom SV ACA under the existing provisions. ALTERNATIVE ACTIONS: Alternative actions available at this time are outlined in the report. FOLLOW UP ACTIONS: Staff will implement Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Copies of this report were sent to Jon Cicerelli, City of San Jose; Deborah Biggs, SVACA, for distribution to the SV ACA board; and to the SV ACA Technical Advisory Committee. ATTACHMENTS: · Attachment A: · Attachment B: · Attachment C: · Attachment D: Animal Control Service Provider Comparison Animal Control Service Level Comparison Silicon Valley Animal Control Authority's Proposal Draft Agreement with San Jose 3 ATTACHMENT A: Saratoga Animal Control Service Provider Comparison e e e . Category Sar;~toga Animal Control Service Provider Comparison San Jose Shelter: 1 Capital Costs 2 Equity Reimbursed? 3 Shelter Construction Complete? ,1_. _. .. 41~ne;¡er Hours 51 Shelter Services i Field/Licensing/Shetter Operations: 1Annual Costs 1 a Revenue remitted back to Sararoga 2 Cost Containment Clause? . 3 Cost Reduction Incentive? 4 Vote on Governing Body? 5 Number of field officers provided 6 Response Times .. SJ response times could be less given the number of officers dedicated to our cities -T I , I , 71 Holidays I Other: 1 City Staff/Council Time Commitment . 2 Type of relationship I 12/11/2003 SVACA $300,000 Yes, if shelter is sold in the future, Saratoga would receive proportional share of the sales proceeds, No - costs are not finalized; Management must bring project to completion I ! ;-.-.',~.¡;y,;;,,-, ~~!,,;;.:=;;:;.:..-. :::rt: I::;! hr;: ;r~ I ~~d~;;;;';i~~d' ;t;hi;ï¡;;;~ ---- Isame , 1$138,000-$166,000 (for 6 or 5 city JPA) I included , , IYes for 2005·06 - CPIIW + 2% Iln addition, Council rep/TAC staff help Iset the SVACA annual budget I Not exactly - the equation used to apportion Itotal SVACA costs includes a factor for the number of animals coming from Saratoga. As Saratoga's total number of animals decreases compared to other member cities, lour percentage decreases. IYes ; 13 officers for 6 cities ,Monday through Friday i 12 hour shift Ion call after hours I Sat = 2 officers for 6 cities ¡Sun/Hol = 1 officer for 6 cities P1 = 1 hr or less P2 = 1 hr or less P3 = 2 hrs or less 13 12 hrs + per month JPA - can withdraw with 6·12 months notice $300,000 No but sliding reimbursement scale for early contract years $1 OOK per year for first 3 Close· scheduled to open soon ! m1n¡ml.m"1 35/\veek; 45-S0/week Hke!y same $155,000-$175,000 approx. $4300 Yes - CPIIW + 1.5% or cost of employee salary/benefit increases, whichever is less Agreement can be based on number of live animals or flat fee. If we reduce our number of sheltered animals, we would pay less. No 2 officers for 3 cities Monday through Friday 12 hour shift (7 am to 7 pm) on call after hours SaVSun = 2 officers for 3 cities Holiday = 1 officer for 3 cities P1 = 1 hr or less·· P2 := 2 hrs or 1855** P3 = 4 hrs or less" wkends/hol = 1/4/8" 14 ? hr per month Contract - can withdraw with 6 months notice . ATTACHMENT B: Saratoga Animal Control Service Level Comparison . . . Saratoga Animal Control Service Level Comparison Types of Animals Covered Confined and healthy domestic animals Injured or sick domestic animals Injure~~_sick wildlife .Jr!l,:,red or sick deer Dead animals - domestic and wildlife Dead deer (1) Assist with Sheriff's Office/Police disposal (2) under contract Response Times Priority i caiis - Person at risk or in danger Priority 2 calls· Animal at risk or in danger Priority 3 calls - Non-emergency, next available officer (2) after hours priority 1 = 1 hr or less; priority 2= 4hrs or less; priority 3= 8 hrs or less (3) during business hours . Services Provided Adoptions Animal behavior classes Behavior hotiine Connections to breed specific rescue groups Disaster/Evacuation assistance -no charge for animals Educational Seminars Euthanization and disposal of animals not adoptable File problem cases with the District I'!torney Foster care Free housing for pets of fire and accident victims Free housing for pets of victims of domestic violence Free rabies control information Investigate and resolve complaints for abuse or neglect investigate and resolve complaints for dangerous animals Investigate and resolve complaints for vicious dogs Investigate and resolve complaints for bites or attacks to humans issue citations as necessary Licensing Lost pet database Micro chipping Online pictures of animals for adoption Pet grooming prior to adoption Pick up and dispose of marine animals/mammals Pick up owned animals Provision for surrender and reclaim of animals Quarantine & Monitoring of biter animals Rabies testing of suspect animals Rabies vaccination clinics Shelter of abandoned, impounded, lost or stray animals Spay/neuter clinics . 12/11/2003 SVACA San Jose X X X X X X (1) X X X (2) X 3û min Oí less 30 min orless 2 hours X not at this time 3rd party X X X X X X X X X X X X X X X X X X X X X X X X X X X . " - .. '''''~ ¡rnrnCUlé1H:: í.L.j 2 hrs or less (2) Same day (2) X X X X X X X X X X X X X X X X X X X X X as needed excluded X X X X X X X Special event days X X . Staff assistance with animal events X excluded Tours X X Trap rentallretrieval X X Veterinarian care to stray, injured, sick or other impounds X X Volunteer opportunities X X Web site for all stray and adoptable animals X X Wildlife rescue X X Dead Animal Services Identification & notification of death to owner X X Scan animal for microchip identification X X Disposal of animal X X Drop boxes for after hour receiving X X Licensing Provide for dogs and cats X X License animals reclaimed from shelter X X Provide discounts for spay/neuter X X Collect all fees as appropriate X X Spay/Neuter incentive program X X Free license with adoptions X X Reporting Provide monthly or quarterly reporting of animals X X . Provide monthly or quarterly fee collection information X X . Complete/submit the Annual Report of Local Rabies X X Control Activities to SCC Public Health Dept . 12/11/2003 . . . ATTACHMENT C: Silicon Valley Animal Control Authority Proposal Deborah L. Biggs Executive Director December 10, 2003 Serving Campb,1I Cupertino Los Gatos Monte Sereno Santa Clara Saratoga Ms. Lorie Tinfow, Assistant City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Proposals for Animal Care and Control Services Dear Ms. Tinfow, Based on our meeting on December 4, 2003, the Silicon Valley Animal Control Authority is pleased to present to you two proposals for Saratoga's continued participation with our agency for animal care and control services. The Cityrrown Managers of the SVACA's Member Agencies met on November 17, 2003 to discuss Anlmai Care and Control services as well as alternatives to the present structure of capital contributions for the . SVACA shelter project. Collectively, the City Managers of Santa Clara, Campbell and Monte Sereno worked with SVACA staff to put together an alternative proposal for consideration by all the Member Agencies but specifically tailored for Cupertino, Los Gatos and Saratoga to consider (Option 1 below). As a result of the discussion, the Managers suggested two additional service alternatives to explore. The following is a description of the options presented to the SVACA Board of Directors on November 24,2003. Option 1: Reduced Equity Participation/Reduced Operational Expenses · Maintain the JPA as a six Member agency. Cupertino would need to rescind its earlier decision to withdraw from the JPA. · Reduce the capital contribution requirements for shelter construction for Cupertino, Los Gatos and Saratoga to match those required in San Jose's current proposals--a total of $1.1 million for the 3 Agencies. · Provide competitive level of service and cost of operations. · The equity position in the Animal Sheiter would be proportionate to the capital contribution, · The Board composition and the voting structure would remain the same. Option 2: Non-Equity Participation/Contracts for Services · Cupertino, Los Gatos and Saratoga would withdraw from SV ACA and then enter into separate contracts with SV ACA (Santa Clara, Campbell, Monte Sereno) for field and shelter services. · The capital contribution for Cupertino, Los Gatos and Saratoga would be the same as the current San Jose financial obligations and would be "non-equity" positions. Santa Clara, Campbell and Monte Sereno would collectively fund and own the SV ACA facility. . The above two options were approved unanimously by the SV ACA Board of Directors. !!!.J:"'¡"!"I!!.)__!!!.J:I.oJ::!-'~1 www.waca.com A third option was presented whereby SV ACA would continue to provide Field Services and contract with San Jose for Shelter Services on behalf of all SV ACA Member Agencies. This proposal was not approved by the Board, · The options are further described below. Option 1: Reduced Equity Participation/Reduced Operational Expenses Capital Contributions: The basis of this proposal is that Saratoga, Los Gatos and Cupertino propose, in concept, to give the City of San Jose a total of $1.1 million for future construction within San Jose's existing facility. The agencies would have no proportional ownership in the San Jose facility, thus the term "non-equity position" , This option proposes that Saratoga, Los Gatos and Cupertino would contribute the same $1.1 million toward the SV ACA facility and share in the equity. The remaining Member Agencies would have agreed to pay a higher Capital Contribution; they would also own a higher percentage of the facility. The following table compares the original Capital Contributions and the new proposed amounts for a continued 6 Member JPA. Option 1 6 Member JPA Option 1 6 Member JPA Capital (Original %) Equity Original Contribution Equity Campbeli $1,118,065 $833,072 19.1% 14.3% Cupertino $500,000 $948,378 8.6% 16.2% Los Gatos $300,000 $694,750 5.1% 11.9% · Monte Sereno $70,000 $54,598 1.2% 0.9% Santa Ciara $3,557,097 $2,728,093 60.9% 46.7% Saratoga $300,000 $586,271 5.1% 10.0% As you can see, Saratoga's capital contribution is reduced significantly, yet you retain 5.1 % ownership of the facility as well as continued input and control on the operation and budget level of SV ACA. Operation Costs: Staff was asked to calculate what the full operational costs would be if the Shelter was in full operation today, Based on current salary, benefit and service agreement levels, the following would be the Member Agency Contributions for full service operations: Campbell Cupertino Los Gatos Monte Sereno Santa Clara Saratoga $ 199,646.07 $ 225,540.34 $ 164,872.71 $ 12,651.18 $ 661,808.84 $ 138,225.45 As presented to the SV ACA Board, the above Operational Budget figures are based on 2003-04 dollars, There will be certain start-up costs, as with any operation, not contained in the figures above. The annual costs would level out and should remain consistent beginning year 2, The CityfTown Managers favored this option at their November 17, 2003 meeting.. · Capital Contribution Should Cupertino not take advantage of this option, the costs for a 5 Member JPA would be: Current Campbell Los Gatos Monte Sereno Santa Clara Saratoga $997,957 $835,109 $67,103 $3,234,579 $710,430 Operating Costs: Option 1 Contributions $1,237,658 $300,000 $70,000 $3,937,579 $300,000 e Campbell Los Gatos Monte Sereno Santa Clara Saratoga $237,059 I $196,456 $15,445 $777,603 $166,109 Cost containment for this proposal, as with all budget issues, lies within the responsibility of the Board of Directors with input from the Technical Advisory Committee (staff of the Member Agencies). Option 2: Non-Equity Participation/Contracts for Services e In this option, Cupertino, Los Gatos and Saratoga would withdraw from the JPA and then enter into separate contracts with SVACA (Santa Clara, Campbell, Monte Sereno) for field and shelter services. Capital Contributions: The Capital Contributions for Saratoga would be the same as in Option 1-$300,OOO--but would be a "non-equity" position. The other SV ACA Member Agencies would fund the remaining portion of the construction cost and own the facility in its entirety. Section 1, Scope of Services, Paraqraph B-Commencement of Services: Contract Services and Fees: The following are comments or "exceptions" to the RFP: As discussed in our meeting, SV ACA will be providing Shelter Services through its existing contract with the Humane Society Silicon Valley until the construction of the new Animal Shelter is completed. Section 2-Definitions: Minor modifications are needed and perhaps a few definitions added in the contract. However, under "Holidays", SV ACA proposes the observance of the current 13 holidays it observes. They are: New Years Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve Day e · Section 3-Field Services: A. Fieid Services: SV ACA agrees to ail the items with the foilowing modifications: (3) Generaily excludes iive injured adult deer as there presently is not a wildlife center willing to accept sick or injured adult deer. SV ACA wiil however, assist the Sheriff's Dept in "dispatching" an injured deer, if necessary. (4) Remove reference to San Jose Tailow and insert "through contracr'. (6) Remove "and refer": SV ACA investigates and completely handles Vicious/Dangerous Dogs and other animals, including dangerous dog hearings. Generally these cails are not referred to your staff for completion. In addition, SVACA wiil use Saratoga's Hearing Officer, if Saratoga wishes. (10) Remove "and refer". SVACA foilows through with ail investigations of abuse, neglect and cruelty. (11) Remove "Investigate and". Add clause that SV ACA staff wiil assist Saraoga staff where possible. B. Response Time Standards: SV ACA's wiil meet or exceed the response times as requested (see After Hours below). Those cails listed below with a 24-hour response time are per the current policy; the policy is in the process of being modified as SV ACA far exceeds this "standard". SVACA understands the priority numbers listed came from another agency's contract; SV ACA would re-number the priorities, keeping the same response times, as to not skew the current database. SV ACA's current response time performance measures are as follows: Type of Call Priority # Response Times Current RFP · SVACA RFP SVACA RFP Weekends Stray, High Risk animal bite to human or domestic animal 1 1 30 min. 1 hour 1 hour Stray or owned animal bites 1 1 30 min. 1 hour 1 hour At large vicious dog 1 1 30 min. 1 hour 1 hour Injured animal (domestic or wild) 2 1 30 min. 1 hour 1 hour Animals in distress-includes abuse and cruelty 2 1 30 min. 1 hour 1 hour Quarantined animal at large 1 1 30 min. 1 hour 1 hour Emergency and police assist 1 1 30 min. 1 hour 1 hour Agency assists not defined in Priority 1 1 2 30 min. 2 hour 4 hour Bite reports 3 2 2 hour 2 hour 4 hour Animals aiive or dead on school grounds 3 2 2 hour 2 hour 4 hour Traffic hazards 1 2 30 min. 2 hour 4 hour Animals in traps 3 2 2 hour 2 hour 4 hour Welfare//Neglect Cases-animals not in danger (usuaily owner education) 5 2 24 hour 2 hour 4 hour Confined strays 3 2 2 hour 2 hour 4 hour Any cails held over 3 3 2 hour 4 hour 8 hour Owner surrenders 5 3 24 hour 4 hour 8 hour Dead animal pick up 5 3 24 hour 4 hour 8 hour · Reported loose dogs/patrols 5 3 24 hour 4 hour 8 hour Any other requests from the Town/City residents 5 3 24 hour 4 hour 8 hour In addition, SV ACA's current response times for the above mentioned priorities far exceed the RFP request. The . response times for cails in Saratoga for FY 2002-2003 were: Prioritv Averaae Performance Standard (in level Minutes minutes) 1 21.50 30 2 30.23 30 3 81.07 120 4 106.84 . 5 88.92 1440 ·Cails with a Priority 4 are defined as ''Today, per Supervisor". These cails include delivery of the Board meeting Agenda packets. The main crjterion that differentiates a Priority 1 and a Priority 2 is that the first is generaily referred to as a person in danger or threatened; the latter is an animal. C. Response After Business Hours: SV ACA accepts the parameters of this section with exception of the foilowing: SV ACA responds to the foilowing calls after business hours: Emergency response to Police, Fire, Coroner Stray, unowned injured animals Stray animal bites/attacks Venomous snakes in a residence . SVACA's current requirement is to respond to the scene within 45 minutes or less from the time the cail for service is received by SV ACA staff. Personnel are required to take their animal control unit home at the end of their shift and are assigned their own ceilular phone for exclusive use of our emergency dispatch service, the Los Gatos-Monte Sereno Police Department. (Note: Los Gatos-Monte Sereno Police Department has agreed to continue to provide this service if they withdraw from the JPA and contract for services.) Staff residing such that they would not be able to meet this requirement must make alternate housing arrangements while on emergency stand-by. D. Excluded Services: SVACA will respond to cails to remove and dispose of dead marine animals/mammals. While unlikely in your jurisdiction, SV ACA has had one such cail within the boundaries of one of our Member Agencies. In addition, SVACA wiil inspect events with animals when necessary and/or when requested by your staff. With so many animal rights groups protesting performing animal exhibits, we would want to help ensure these events within your jurisdiction are in compliance with any and ail applicable regulations. The annual contract fee includes the acceptance of wildlife at the SV ACA facility or its contracting shelter but does not include any negotiated agreement with the Wildlife Center of Silicon Vailey, due to professional courtesy, Your staff wiil need to negotiate this agreement separately. E. OperatinQ Schedule: The RFP requests a lower level of service than SV ACA currently provides to its members. SVACA would provide . Field Services Monday·Friday 12 hours per day from 7 a.m. to 7 p.m. and 9 hours of service on Saturdays, Sundays and Holidays from 8:00 a.m.-5 p.m, This is approximately 530 hours of service per year more than requested. Section Four-Shelter Services, B: Medical Services: Item 3 is clarified to mean that SVACA will provide "at cosf' rabies vaccination clinics to the residents of your community asrequired by state law. In addition, SVACA will be vaccinating certain animals in the shelter; the cost may be passed on to the owner upon redemption or adoption, · G. Animal Licensinq: SV ACA agrees to this section. However, SV ACA will, at no additional charge, send computer generated renewal notices as well as at least one (1) delinquent renewal notice, thus producing additional revenue for your agency. Additional: Services not listed in the RFP that SV ACA will provide at no additional charge, include but are not limited to: · Free one-year license for animals adopted from the new SV ACA Animal Shelter to new owners residing in your community · All animals will be accepted at the new SV ACA Animal Shelter from residents of your community regardless of their ability to pay any required or requested "owner surrender fee" · Outreach and Education/Informational programs to schools, civic groups, neighborhood associations and _......__ ___'.'__ ~_ ".'_'.'_ _____...._:.L. V;.:¡t:i ~;UUjJ:) ¡¡¡ YUUi :..;u¡nn¡Uimj' · Animals owned by victims of domestic violence will be housed for 7 days at no charge to the owner, while other animal housing alternatives are arranged (with assistance from SV ACA staff) · Animals owned by victims involved in traffic accidents, fires, death (coroner request) will be housed for 4 days at no charge to the owner. · Assist residents with low-cost options to have their pets spayed/neutered · Assist your staff in the adoption or re-writing of municipal codes relating to animals · Many outreach, education and volunteer opportunities to your residents The above are also included in Option 1. · Contract Cost: SV ACA agrees to provide all personnel, equipment, supplies, services and outside agreements/contracts to perform the duties as set forth by the conditions in the RFP, and the exceptions as so noted, in carrying out the terms and conditions of this proposal. There currently exists an existing agreement for animal housing through the Humane Society Silicon Valley approved by the current SV ACA Member Agencies/Board of Directors. The Shelter Services cost to your agency has been calculated at the existing $141 per animal per the agreement, but we have excluded the "per animal" cost on wildlife. The per animal cost will be calculated per the RFP. The contact cost for FY 2004-2005 based on 3187 stray dogs, cats and other animals is: Field Services, Licensing, Administration/Overhead Shelter Services Total $142,181 $26,367 $168,548 The contract fee for FY 2005-2006 will not increase more than CPI-W (February) +2%. SV ACA anticipates opening the new animal shelter during FY 2005-2006. Your staff will be consulted regarding the level of service requested and the budget process for the first fiscal year, setting the new base contract fee, The terms and conditions of the contract as well as service levels may be renegotiated for FY 2006-07 and ensuing years. The Board of Directors and staff continues to be dedicated to serving the residents of Saratoga. We await a favorable response. · Best Regards, ~'LfA,.\ Deborah L. Big~or Executive Director EXHIBIT A . 1) SECTION 1- SCOPE OF SERVICES A. SERVICES PROVIDED For the consideration set forth herein, the Silicon Val1ey Anima] Control Authority, herein referred to as "SV ACA" shall provide to the TOWN OF LOS GA TOS, herein referred to as "TOWN," field, licensing and sheltering animal services as described in this exhibit. These categories of service are sometimes colJectively referred to herein as "Animal Services." Ca]]s for anima] related services which are not provided by SV ACA shalJ be referred by SV ACA to the appropriate code or police enforcement agency of the Town, either by phone, in writing or by electronic mail. The Animal Services shal1 be provided by SV ACA in accordance with al1 applicable federal, state and local laws and ordinances. . B. COMMENCEMENT OF SERVICES SV ACA sha]] continue to provide Animal Services for field and licensing pursuant to this Agreement and begin shelter services on January 30, 2006. 2) SECTION 2 - DEFINITIONS A. "Critica]]y sick or injured animals" means those animals that have Jife-threatening conditions. B. "Dangerous Animals" means any animal, which, because of its size, disposition or characteristics, would constitute a danger to humans or other domesticated animals. C. "Emergency Cal1s" means a stray high risk animal bite to human or domestic animal; animal bites or attacks on humans or domestic animals in progress; or where a bite has occurred and the animal remains a threat to persons or domestic animals. 1 . . . . D. "Ho1idays" are New Year's Eve, New Year's Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas day, and the day before and the day after Christmas day. E. "Vicious Dog" means a dog that has attacked, wÜhout provocation, humans or other domestic animals or has threatened the safety of humans or domestic animals. F. "Wildlife" means any animal that is native to this region and recognized as an indigenous species. 3) SECTION 3 - FIELD SERVICES A. FIELD SERVICES - SV ACA to provide annual costs for the fo]]owing minimum services, including vehicles, communications equipment, hardware and software requirements, office supp1ies, field and administrative personnel, and any other personneJ, supp]jes and equipment, reasonably required to perfonn the fo]]owing "Field Services" within the boundaries of the TOWN: (1) Pick up of confined stray dogs, cats and other sma]] animals, including but not limited to, rabbits, chickens, turkey, geese, birds and ducks and excluding wildlife; (2) Pick up injured or sick stray dogs, cats and other sma]] animals without regard to weight, including birds, that are located on public property or readily accessible on private property wÜh the consent of the property owner or the property owner's authorized agent; (3) Pickup/attempt to pickup injured or sick wildlife, and livestock, whether they are confined or not; (4) Pick up dead animals, including wildlife, from streets and public and private propeJiy, and handle or refer dead deer and livestock to San Jose Ta]]ow for disposition; 2 (5) Investigate complaints of anima] bites or attacks on humans, incJuding preparation of a report, interviewing the parties involved, quarantining animals which have bitten humans, preparing and transporting biting animals for rabies testing and investigating alleged violations of a quarantine order; (6) Investigate and refer comp]aints of Vicious and/or Dangerous Animals to the TOWN Code Compliance Officer. Investigations shall include preparation of a , report and will incJude interviewing the parties involved, and collecting available historical data, and testifying (at the SV ACA's expense) at dangerous dog hearings; (7) Respond to compJaints of dogs running at ]arge, attempt to capture them and provide follow-up patrol if appropriate; (8) Respond to police assist calls on animal-related issues which may include taking control of an animal at the direction of a police officer on the scene; (9) Investiga60n and resolution of activities that may be crimina] in nature, such as animal cruelty, neglect and fighting, including the preparation of documents for the District Attorney's office and testifying in court; (10)Investigate and refer complaints of animal abuse or neg]ect. Investigations shall include preparation of a report ar¡d may incJude interviewing the parties involved, and collecting available historical data; (I I) Investigate and refer complaints of excessive animals per the Town Code to the TOWN Code Compliance Officer; (12) Respond to complaints in progress of domestic animals causmg a nuisance, except domestic animals making noise, ar¡d provide follow-up patrol if appropriate; (13) Respond to venomous or other dangerous snakes or bats 111 a residence or business. 3 . . . · B. RESPONSE TIME PERFORMANCE STANDARDS - SVACA shall respond to complaints and requests received by the TOWN or its residents at a performance standard ]evel that is no less than the following: (I) PRIORITY I - Response to stray, high risk animal bite to a human or domestic animal, (bats, skunks, bite to human and/or pet); stray or owned animal bites; at large or vicious dog; injured animal (domestic or wild); animals in distress (including animals in hot cars); quarantined animal at large; emergency, and police assist. Response shall be twenty-four hours per 'day, seven days per week, within one hour or less from the time the call for service is received by the SV ACA to the time SV ACA'S personnel arrive on scene; PRIORITY 2 - Agency assists not defined as Priority 1; bite reports; animals (2) · alive or dead on school grounds; traffic hazards; animals in traps; welfare/cruelty/neglect cases (incJuding stray, owned or wild); and confined strays. Response shall be within two hours of the call during the week and four hours of the call on weekends and bolidays; (3) PRIORITY 3 - any calls held over; owner surrenders, (live or dead), dead animal pick up; reported loose dogs; and any other requests rrom the TOWN or the residents of the TOWN. Response shall be within four hours of the call during the,week and eight hours of the call on weekends and holidays. · C. RESPONSE AFTER BUSINESS HOURS - SV ACA will respond to Priority 1 calls only after nom1al business hours, twenty-four hours per day, seven days per week; Priority 2 calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than II :00 a.m. 4 the following day; Priority 3 calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 3 p.m. the following day. D. EXCLUDED SERVICES - The following services are not included in the services provided by SV ACA under this Agreement: 1. Removal and disposal of dead marine animals; 2. Pick up and transportation of uninjured or healthy, living wildlife; 3. Pick up of alive or dead animals for surrender at the owner's request. SV ACA may provide these services and charge a fee therefore as a part of its operations separate and apart from this Agreement; 4. Pennitting or inspection of events with animals; 5. Investigation of complaints that only relate to domestic animals making noise. E) OPERATING SCHEDULE - SV ACA shall provide animal control field services to the TOWN, responding to Priority I, 2 and 3 calls during a ten (10) hour shift, Monday-Friday, 7:00 a.m. to 5:00 p.m., and during an eight (8) hour shift on Saturdays, Sundays and hoJidays. 4) SECTION FOUR - SHELTER SERVICES A. SHELTER SERVICES - SV ACA shan provide the following services, including shelter facilities, licensing, supplies, animal attendants, supervisors and administrative personnel, and any other persoillleI, supplies and equipment, reasonably required to perfoTI11 the following "Shelter Services": (1) Shelter of abandoned, impounded, lost or stray domestic animals, including owner surrendered, brought to the shelter by TOWN residents or SV ACA; (2) Quarantine of biting animals; (3) Rabies testing of suspect animals; (4) Provision for surrender and reclaim of abandoned, lost or stray domestic animals 5 . . . during established business hours; and Euthanization and disposal of abandoned, lost, impounded, or stray domestic animals that are unc1aimed by their owners and do not qualify to be placed for adoption by SV ACA. B. MEDICAL SERVICES - As part of the Shelter Services, SV ACA shall provide . (5) office facilities, supplies, and professional and trained personnel, employed or under contract, necessary to perfonn the fol1owing "Medical Services": (1) Provision of veterinarian services twenty-four (24) hours per day to treat and provide veterinarian care to stray, injured, or sick dogs, cats, and other impounded animals; . (2) (3) (4) Monitor impounded quarantined biter animals; Provide vaccination services; and Have available, free of charge to the public, rabies control infonnation. C. OPERATING SCHEDULES - SV ACA shall provide Shelter Services for the animals twenty-four (24) hours a day, seven (7) days a week. The shelter shall be open to the public' ' a minimum ofthÎ1iy-five (35) hours a week, including at least one weekend day. The public hours will be reasonably adjusted to meet the convenience of the users and shaH be in compJiance with state Jaw. SV ACA shall provide emergency veterinary services in accordance with Section 597f of the California Penal Code. If emergency veterinary services are needed on weekends, holidays, outside of regular office hours of the SV ACA, or whenever veterinary services are otherwise general1y unavailable, SV ACA shal1 contract for these emergency veterinary services, at no additional expense to the TOWN, at local veterinary clinics or wherever emergency veterinary services are availabJe. SV ACA shal1 be available to the public for drop-off and disposal of dead animals at Üs shelter faciJÜy seven (7) days a week, twenty-four (24) hours a day. 6 . D. DEAD ANIMAL SERVICES SV ACA shall provide storage facilities, disposal mechanisms, administrative personnel, and any other personnel, supp1ies and e equipment required to perfonn the following "Dead Anima1 Services": (I) Pick up of dead animals, incJuding wildlife, ITom the streets of Los Gatos, or ITom private property within Los Gatos with the consent of the property owner or the property owner's authorized agent; (2) Identification and notification of the owner of the dead anima], if possible; (3) Scan each dead animal for microchip identification, if available; and (4) Disposal of the animal. , , , ' E. RECORDS REGARDING ANIMAL SERVICES - ' ]) Maintenance of Records - SV ACA shaH maintain accurate records regarding its perfol111ance of Anima] Services for a period of three (3) years. Such records shaB include SheJter Services records regarding receipt, care, reclaim, and disposition of owner e surrendered, abandoned, impounded, lost or stray domestic animals, including names and addresses of persons rec1aiming animals, dead animal services records regarding receipt and disposa1 of dead animals, and fees collected for the TOWN, 2) Inspection of Records - SV ACA'S records regarding Animal Services shaH be open to inspection by the TOWN, upon request of the TOWN during SV ACA'S regular business hours. 3) Monthly Report - SV ACA shal1 provide within 30 days of the end of each month, a monthly Animal Control and Impound Report summarizing field services, shelter services, licensing services, medical services and dead animal services provided by SV ACA to the TOWN. This report shall incJude, but not be 1imited to, the foHowing infonnation: e (a) Total number of caBs for service, complaints reJating to anima] bites or attacks, 7 e e . (b) (c) compJaints reJating to vicious or dangerous dogs, and oiher activities; Total number oflicenses so!d to LOS GATOS residents; Number of incoming Jive anima!s, incJuding wiJdJife, brought to the she1ter F. (surrender and field); (d) Number of dead animaJs picked up and brought to the sheJter; and (e) Number and type of animals provided medica! services aJong with a brief description of service, 4) Quarterlv Report - SV ACA shall provide, within 30 days of the end of each Quarter, a quarterly Response Time Performance Standard report, for Priority 1-3 calls. 5) Yearlv Report - SV ACA shal1 complete and submit to the County of Santa Clara Public Hea1th Depmiment the Annual Report of Local Rabies Control Activities, SV ACA shall provide an annual report of activities and accomplishments to the TOWN. PROGRAM REVENUE 1) Fees Collected bV SV ACA OF SAN JOSE: SV ACA shall collect fees, charges, and penaJties ("Program Fees") from the pub!ic in connection with some of the Anima! Services it provides. These Program Fees shall be at the rates established by SV ACA. 2) Pavment of Program Fees: All Program Fees collected by SV ACA in connection with the Animal Services provided specifically to LOS GATOS, except fees collected for emergency veterinary services which are paid to contract veterinary providers, shal1 be remitted monthly by the fifteenth (ISth) business day of the month immediately following the month in which the Program Fees were col1ected. 3) Program Revenue Records: SV ACA shal1 maintain accurate records of al1 revenues derived from the Program Fees for Animal Services. Such records shall be available for inspection upon request of LOS GA TOS during SV ACA 'S reguJar business hours. 8 4) Monthly Fee Statement: SV ACA shall provide to LOS GATOS with each monthly payment of Program Fees, a statement of Program Fees collected that shows the total e amount of Program Fees collected and the total amounts collected in each fee category, such as impound, quarantine and board fees. G. ANIMAL LICENSING - SV ACA to provide licensing activities for impounded dogs, or other animals to which licensing is applicable that are reclaimed by their owners at the shelter. SV ACA shall provide for the licensing of aJJ LOS GA TOS dogs and cats. Such fees shaJ1 be reimbursed to LOS GA TOS on a monthJy basis, All fees shaJ1 be at the rates estabJjshed by SV ACA H. PAYMENT PROVISIONS 1) Timely Pavments: Payments shall be made to SVACA by LOS GATOS in equal monthly e installments. SV ACA agrees to invoice LOS GA TOS fifteen (15) calendar days before the first (1st) of the following month, 2) All installment payments by LOS GATOS shan be due and payable in advance on the first (151) business day of each month and, if unpaid, shall be delinquent on the tenth (1oth) business day of each month. 3) Pavment Amounts: The cost for sheltering services will be derived based on the number of live domestic animals impounded by SV ACA. The "live animal" cost incorporates all administrative costs as well as the costs associated with medical and dead animal services. An animal count wi11 be agreed to between LOS GA TOS and SV ACA at the beginning of each fiscal year. This agreed count would fOnTI the basis of the monthly billings throughout the year. The agreed count will be adjusted every six (6) months. Any overages will be separately bj]]ed e 9 . and any underages will be separately rebated back to LOS GATOS, and the monthly billing amount for the next six (6) months adjusted ifneeded. 4) Inspection of Financial Records: SV ACA'S financial books and records pertaining to its provision of Animal Services shan be open to inspection and audit by LOS GA TOS, at our expense, at any time during nonna1 business hours during the tenn of the agreement. 1. INSURANCE SV ACA, at their sole cost and expense, shall procure and maintain f'), the duratio!1 of this Agreement insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services hereunder by SV ACA, its agents, representatives, employees or subcontractors. . . 10 . ATTACHMENT B: Draft Agreement with San Jose . . . . . ATTACHMENT D: Draft Agreement with San Jose AGREEMENT FOR ANIMAL CONTROL SERVICES . THIS AGREEMENT is entered into this day of , 2004 by and between the City of Saratoga, State of California, herein called "SARATOGA," and the City of San Jose, herein called "SAN JOSE," engaged in providing field, licensing and sheltering services for animal control. RECITALS L SARATOGA has been a member of the Joint Powers Agreement that created the Silicon '\l alley }'J1imal Control At\.llthority since June 2000. Due to re-cent rising operational and shelter plan costs, SARATOGA staff was directed to research options for animal control services, Based on that research, SARATOGA Council directed staff to enter into contract negotiations with SAN JOSE for animal control services, including field, licensing and sheltering services. 2. SARATOGA desires to engage SAN JOSE to provide these services because of SAN JOSE'S experience and qualifications to perform the desired work. 3. SAN JOSE represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. . AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. Attached hereto and hereafter referred to as Exhibit A and incorporated herein by reference. 2. Time of Per form ance. All field, shelter and licensing services by SAN JOSE are to commence on July 1, 2004, The capital obligation of SARATOGA shall be payable to SAN JOSE within thirty (30) days of the execution of this Agreement. This Agreement shall be for three (3) years, subject to renewal every three years thereafter, up to a total of twenty (20) years, after review of the scope of services and fee schedule. 3. Compliance with Laws. SAN JOSE shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. SAN JOSE represents and warrants to SARATOGA that it has all licenses, permits, qualifications and approvals of whatsoever nature which are Jegally required to provide the desired services. SAN JOSE represents and warrants to SARATOGA that SAN JOSE shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and . Page 1 . . . approvals which are legally required for SAN JOSE to provide the desired services. 4, Sole Responsibility, SAN JOSE shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handlin;, All reports, infonnation, data, and exhibits prepared or assembled by SAN JOSE in cOlU1ection with the performance of its services pursuant to this Agreement are confidential until released by SARA TOGA to the public, and SAN JOSE shall not make any ofthe these documents or information available to any individual or organization not empJoyed by SAN JOSE or SARA TOGA without the written consent of SA.F_t\.TOG.A before such release. SÞJt..A..TOGA. acknowledges that the reports t.o be prepared by SAN JOSE pursuant to this Agreement are for the purpose of evaJuating SAN JOSE's services, and SARATOGA's use of the infonnation contained in the reports prepared by the SAN JOSE shall be solely I\t SARATOGA's risk, unless SAN JOSE expressly consents to such use in writing. 6. Compensation. The scope of SAN JOSE's services shaH include field, shelter, licensing, dead animal (including deer and livestock) pick-up and disposal, and an annual contribution to the Silicon Valley Wildlife Center. Compensation for services include both annual operating costs and a one-time capital contribution. The one-time capital contribution will cover part of SAN JOSE's animal sheJter costs, an animal controJ vehicle, and overhead costs. One-time Capital Contribution $300,000 If SARA TOGA decides to retain animaJ control services from an alternate provider within the first 3 years of this agreement, SAN JOSE agrees to refund part of the contribution at $J 00,000 per year. Annual compensation shall be the following for the period of July 1, 2004 to June 30,2007: FieJd and Shelter Services $J55,000 - $175,000 (contingent on other Cities' action) Ifthis agreement is continued beyond June 30, 2007, as specified in Section 2, contract rates shall adjust every three years for arumaJ controJ services under this Agreement. SAN JOSE and SARATOGA agree that this adjustment shall be based on the formula described in Exhibit B. Any significant change in law or service outside the scope ofthis Agreement would require additionaJ negotiation, Payment shall be net thirty (30) days. All invoices and statements to SARATOGA shaH be addressed as follows: Page 2 City of Saratoga Attn: City Manager's Office 13777 Fruitvale Ave. Saratog~ CA 95070 . 7, Availability of Records. SAN JOSE shall maintain the records supporting this biJJing for not less than three years following completion of the work under this Agreement. SAN JOSE shall make these records available to authorized personnel of SARATOGA at the SAN JOSE's offices during business hours upon written request of SARATOGA. 8. Project Manager. The Project Manager for SAN JOSE for the work under this 9. Þ"';':'leement shall be Deputy Director Jon Cicerelli. and the nfoiect ma..T1ager for ...., .. '" '''' J __ SARATOGA shall be Assistant City Manager Lorie Tinfow, or such other individuals designated by SAN JOSE/SARATOGA. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the SAN JOSE, and the SARATOGA and SAN JOSE acknowledge and agree that the expertise and experience of the SAN JOSE are material considerations inducing the SARA TOGA to enter into this Agreement. The SARATOGA acknowledges and accepts that a portion of the services provided under this agreement shall be provided by San Jose Tallow or independent veterinary doctors. No additional portion of these services shall be assigned or subcontracted without the written consent ofthe SARATOGA. . 10. Notices, Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: 11. SARATOGA: Assistant City Manager Lorie Tinfow City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 SAN JOSE: Jon E. Cicirelli, Deputy Director Parks, Recreation and Neighborhood Services Animal Care and Service Division City of San Jose 1821 Zanker Road San Jose, CA 951 12 or personally delivered to SAN JOSE or SARA TOGA to such address or such other address as either entity designates in writing. Independent Contractor. It is understood that SAN JOSE, its officials, employees, agents and contractors in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of SARATOGA. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to SARATOGA employee(s), With prior written consent, SAN JOSE may perform some . Page 3 e e . obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for perfonnance or assign or transfer interests under this Agreement. SAN JOSE agrees to testify in any litigation brought regarding the subject of the work to be perfonned under this Agreement. SAN JOSE shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by SAN JOSE or is based on allegations of SAN JOSE's negligent perfonnance or wrongdoing. 12. Insurance, SAN JOSE shall provide the following insurance provisions in Section 11. :::~~1-.::::p.."'t~r.~:::: Å fl-:-:-!':.~~......:... T\ ......... .0"";'11<301,,.....+ thl"......l1C'Ib ~n <;¡~rM"lt~'h1p nhn of ~f':lf ....--, .......................................... ~ ·':'---5':'':' .L,.', ......!. v'-i'-~.!.'!'-'--.!.y....!·_· "'..·..V....b·· ....... --.......1"'............... X"..-.. -- ....-.-- lllsurance, A. Minimum Scope of Insurance: 1. SAN JOSE agrees to have and maintain for the duration ofthe agreement General Liability insurance policies insuring SAN JOSE staffto an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. 11. SAN JOSE agrees to have and maintain for the duration ofthe agreement an Automobile Liability insurance policy insuring SAN JOSE staffto an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. SAN JOSE shall provide to the SARATOGA all certificates of insurance, with original endorsements effecting coverage. SAN JOSE agrees that all certificates and endorsements are to be received and approved by SARA TOGA before work commences, IV. SAN JOSE agrees to have and maintain for the duration ofthe contract professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure SAN JOSE for professional errors or omissions in the perfonnance of the particular scope of work under this agreement. B. General Liability: 1. SARATOGA, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities perfonned by or on behalf of SAN JOSE; products and completed operations of SAN JOSE, premises owned or used by Page 4 SAN JOSE. This requirement does not apply to the professional liability insurance required for professional errors and omissions. . I!. SAN JOSE's insurance coverage shall be primary insurance as respects SARATOGA, its officers, officials, employees and volunteers, Any insurance or self-insurances maintained by SARATOGA, its officers, officials, employees or volunteers shall be in excess of SAN JOSE's insurance and shall not contribute with it. 111, Any failure to comply with reporting provisions of the policies shall not affect coverage provided to SARATOGA, its officers, offic.ials, employees or volunteers. IV. SAN JOSE's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability, C, All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to SARATOGA. Current certification of such insurance shall be kept on file at all times during the tenn of this agreement with SARATOGA City Clerk. . D. In addition to these policies, SAN JOSE shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to SARA TOGA before beginning services under this Agreement. Further, SAN JOSE shall ensure that all subcontractors employed by SAN JOSE provide the required Workers' Compensation insurance for their respective employees, 13. Indemnification, SAN JOSE shall save, keep and hold harmless, indemnify and defend SARATOGA, its officers, agents, employees and volunteers rrom all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of perfonning work which may be occasioned by a willful or negligent act or omissions of SAN JOSE, or any of SAN JOSE's officers, employees, or agents or any sub-contractor. 14, Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision ofthis Agreement. . Page 5 . . . 15. Governing Law, This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State ofCalifomia, Venue for any' action regarding this Agreement shaH be in the Superior Court of the County of Santa Clara. 16, Termination of Agreement. SARATOGA shaH have the right to terminate this agreement with or without cause by giving not Jess than one hundred and eighty (180) days written notice of termination, In the event oftermination, SAN JOSE shaH deliver to SARATOGA aH files, documents and reports performed to date by SAN JOSE. In the event of such termination, SARATOGA shall pay SAN JOSE an amount that bears the same ratio to the maximum contract price as the "'0-"1.- ,-=!.:;.1~-;:;-=-";"~A f.-. ~ ^'R A 'T'^~ ^ 1....0............ tro ..........'t"\'\......løtørl QÞM.T;('PC' f"'l"\ntpmnl!:1tpor1 nn,;pT '\IV ~.n. ............u." v.......""" ....... ............................-...~ '!.....J....:.[""":. ~....n...·a..:.~ ~'!... '-"-'~)..!.1-'.!.Y~'V"., .....,... . .~....U' .............~...........y.. _.._-.... _..___ this Agreement pursuant to paragraph 5 hereto, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination, J7. Amendment No modification, waiver, termination, or amendment of this Agreement is effective unless made in writing and signed by SARA TOGA and SAN JOSE. 18. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shaH be entitled to reasonable attorney's fees, including costs of appeal. 19, Entire Agreement. This Agreement, including Exhibits A and B, constitutes the complete and exclusive statement of the Agreement between SARATOGA and SAN JOSE. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shaH be binding on either party. IN WITNESS WHEREOF, SARATOGA and SAN JOSE have executed this Agreement as ofthe date indicated on page one (1). City of Saratoga by: Dave Anderson, City Manager Approved as to Form: Page 6 'Richard Taylor, City Attorney e ATTEST: Clerk of the City of Saratoga, ........ ,'.' _ _ u T'"\ _ _____ .......;...__ .......t__1r \...,ätITlvvi.i DUYta, \...-Hj' \...-lZ':'l'.. City of SAN JOSE by: Signature e Print Name Title . Page 7 . EXHIBIT A: SCOPE OF ANIMAL CONTROL SERVICES FOR SARATOGA 1) SECTION 1 - SCOPE OF SERVICES A. SERVICES PROVIDED For the compensation described in the Agreement, the CITY OF SAN JOSE, herein referred to as "SAN JOSE," shan provide to the CITY OF SARATOGA, herein referred to as "SARATOGA," field, licensing and sheltering animal services as described in this exhibit These categories of service are sometimes conectively referred to herein as "Animal Services." Cans for animal related services which are not prûvided by SAf~ JOSE shall be reÎerred by SAJ-,J JOSE to the appropriate code or police enforcement agency of SARA TOGA, either by phone, in writing or by electronic mail. The Animal Services shan be provided by SAN JOSE in accordance with an applicable federal, state and local laws and ordinances, B. COMMENCEMENT OF SERVICES SAN JOSE shall begin providing Animal Services to SARATOGA pursuant to this Agreement on July 1, 2004. . 2) SECTION 2 - DEFINITIONS A. "Critically sick or injured animals" means those animals that have life-threatening conditions. B. "Dangerous Animals" means any animal, which, because of its size, disposition or characteristics, would constitute a danger to humans or other domesticated animals. C. "Emergency Calls" means a stray high risk animal bite to human or domestic animal; animal bites Of attacks on humans or domestic animals in progress; or where a bite has occurred and the animal remains a threat to persons or domestic animals. D. "Holidays" are New Year's Day, Martin Luther King Birthday, President's Birthday, Cesar Chavez Birthday, Memorial Day, July 4t\ Labor Day, Columbus Day, Veterans Day, Thanksgiving, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve. E. "Vicious Dog" means a dog that has attacked, without provocation, humans or other domestic animals or has threatened the safety of humans or domestic animals. . Page A-I G. "Effective date" means that date upon which this Agreement between the SAN JOSE and SARATOGA is signed. . 3) SECTION 3 - FIELD SERVICES A. FIELD SERVICES - SAN JOSE to provide annual costs for the following minimum services including vehicles, communications equipment, hardware and software requirements, office supplies, field and administrative personnel, and any other personnel, supplies and equipment reasonably required to perfonn the following "Field Services" within the boundaries of SARATOGA: (a) Pick up of confined stray dogs~ eats a..l1d other small animals, including but not limited to rabbits, chickens, turkey, geese, birds and ducks and excluding wildlife; (b) Pick up injured or sick stray dogs, cats and other small wimals without regard to weight, including birds, that are located on public property or readily accessible on private property with the consent of the property owner or the property owner's authorized agent; (c) Pickup/attempt to pickup injured or sick wildlife, and livestock, whether they are confined or not; (d) . Pick up dead animals, including wildlife, from streets and public and private property, and handle or refer dead deer and livestock to San Jose Tallow for disposition; (e) Investigate complaints of animal bites or attacks on humans, including preparating a report, interviewing the parties involved, quarantining animals which have bitten humans, preparing and transporting biting animals for rabies testing and investigating alleged violations of a quarantine order; , (f) Investigate and attempt to resolve complaints of Vicious and/or Dangerous Animals. Investigations shall include preparation of a report and will include interviewing the parties involved, and collecting available historical data, and testifying (at the City of San Jose's expense) at dangerous dog hearings. SAN JOSE will submit reports to the SARATOGA Code Compliance Officer; (g) Respond to complaints of dogs running at large, attempt to capture them and provide follow-up patrol if appropriate; (h) Respond to police assist calls on animal-related issues which may include taking contro] of an animal at the direction of a po]ice officer on the scene; . Page A-2 · Investigation and resolution of activities that may be criminal in nature such as animal cruelty, neglect and fighting, including the preparation of documents for the District Attorney's office and testifYing in court; G) Investigate and attempt to resolve complaints of animal abuse or neglect. Investigations shall include preparation of a report and may include interviewing the parties involved, and collecting available historical data. SAN JOSE will submit reports to the SARATOGA Code Compliance Officer; (i) (k) Investigate and refer complaints of excessive animals per the SARATOGA Code to the SARATOGA Code Compliance Officer; (1) Respond to complaints in progress ûf dûrn.eslÍc an1111als causing a nuisance, except domestic animals making noise, and provide follow-up patrol if appropriate; (m) Respond to venomous or other dangerous snakes or bats in a residence or business. B. RESPONSE TIME PERFORMANCE STANDARDS_- SAN JOSE shall respond to complaints and requests received by SARATOGA or its residents at a performance standard level that is no less than the following: · (a) PRIORITY 1 - Response to stray, high risk animal bite to a human or domestic animal (bats, skunks, bite to human and/or pet); stray or owned animal bites; at large or vicious dog; injured animal (domestic or wild); animals in distress (including animals in hot cars); quarantined animal at large; emergency, and police assist. Response shall be twenty-four hours per day, seven days per week, within one hour or less ITom the time the call for service is received by SAN JOSE to the time SAN JOSE'S personnel arrive on scene; (b) PRIORITY 2 - Agency assists not defined as Priority 1; bite reports; animals alive or dead on school grounds; traffic hazards; animals in traps; welfare/cruelty/neglect cases (including stray, owned or wild); and confined strays. Response shall be within two hours of the call during the week and four hours of the call on weekends and holidays; (c) PRIORITY 3 - any calls held over; owner surrenders (live or dead), dead animal pick up; reported loose dogs; and any other requests ITom SARATOGA or the residents of SARATOGA. Response shall be within four hours of the call during the week and eight hours of the call on weekends and holidays. C. RESPONSE AFTER BUSINESS HOURS_- After normal business hours SAN JOSE will respond only to Priority 1 cans twenty-four hours per day, seven days per week; Priority 2 cans received between the hours of 5 :00 p.m. and 7:00 a.m. shall be responded to no later than 11 :00 a.m. the fonowing day; Priority 3 cans · Page A-3 received between the hours of5:00 p.m, and 7:00 a.m. shall be responded to no later than 3 p.m. the following day. D. EXCLUDED SERVICES - The following services are not included in the services provided by SAN JOSE under this Agreement: (a) Removal and disposal of dead marine animals; (b) Pick up and transportation of uninjured or healthy, living wildlife; ( c) Pick up of alive or dead animals for surrender at the owner's request. SAN JOSE may provide these services and charge a fee therefore as a part of its operations separate and apart fÌom this Agreement; (d) Permitting or inspection of events with animals; (e) Investigation of complaints that only relate to domestic animals making nOIse. E) OPERATING SCHEDULE - SAN JOSE sha1] provide anima] contro] ne]d services to SARATOGA, Monday-Friday, 7:00 a.m. to 7:00 p.m" and respond to Priority], 2 and 3 calls or higher during an eight (8) hour shift on Saturdays, Sundays and ho]idays. 4) SECTION FOUR - SHELTER SERVICES A. SHEL TER SERVICES - SAN JOSE shall provide the following services including sheJter faci]ities, licensing, supplies, animal attendants, supervisors and administrative persormel, and any other persormel, supplies and equipment, reasonably required to perform the following "Shelter Services": (a) SheJter of abandoned, impounded, lost or stray domestic animals, including owner surrendered, brought to the she]ter by SARATOGA residents or SAN JOSE; (b) Quarantine of biting animals; (c) Rabies testing of suspect animals; (d) Provision for surrender and reclaim of abandoned, lost or stray domestic animals during established business hours; and ( e) Euthanization and disposal of abandoned, lost, impounded, or stray domestic animals that are unclaimed by their owners and do not qualify to be placed for adoption by SAN JOSE. MEDICAL SERVICES - As part of the Shelter Services, SAN JOSE shall provide office facilities, supplies, and professional and trained personnel, B. Page A-4 . . . . c. . employed or Under contract, necessary to perform the following "Medical Services": (a) Provision of veterinarian services twenty-four (24) hours per day to treat and provide veterinarian care to stray, injured, or sick dogs, cats, and other impounded animals; (b) Monitor impounded quarantined biter animals; ( c) Provide vaccination services; and (d) Have rabies control information available, rree of charge to the public. OPERATING SCHEDULES - SAN JOSE shall provide Shelter Services for the animals twenty-four (24) hours a day, seven (7) days a week. The shelter shaH be open to the public a minimum of thirty-five (35) hours a week, including at least one weekend day. The public hours will be reasonably adjusted to meet the convenience of the users and shaH be in compliance with state law. SAN JOSE shaH provide emergency veterinary services in accordance with Section 597f of the California Penal Code. If emergency veterinary services are needed on weekends, holidays, outside of regular office hours of the SAN JOSE, or whenever veterinary services are otherwise generaHy unavailable, SAN JOSE shaH contract for these emergency veterinary services, at no additional expense to SARATOGA, at local veterinary clinics or wherever emergency veterinary services are available. SAN JOSE shaH be available to the public for drop-off and disposal of dead animals at its shelter facility seven (7) days a week, twenty-four (24) hours a day, D. DEAD ANIMAL SERVICES - SAN JOSE shaH provide storage facilities, disposal mechanisms, administrative personnel, and any other personnel, supplies and equipment required to perform the foHowing "Dead Animal Services": (a) Pick up of dead animals, including wildlife, rrom the streets of SARATOGA, or from private property within SARATOGA with the consent of the property owner or the property owner's authorized agent; (b) Identification and notification of the owner ofthe dead animal, if possible; (c) Scan each dead animal for microchip identification, if available; and (d) Disposal of the animal. E. RECORDS REGARDING ANIMAL SERVICES - . (a) Maintenance of Records - SAN JOSE shall maintain accurate records regarding its performance of Animal Services for a period ofthree (3) years. Such records shaH include Shelter Services records regarding receipt, care, reclaim, and disposition of owner surrendered, abandoned, impounded, lost or stray domestic animals, including names and addresses Page A-5 of persons reclaiming animals, dead animal services records regarding . receipt and disposal of dead animals, and fees collected for SARATOGA. (b) Inspection of Records - SAN JOSE'S records regarding Animal Services shall be open to inspection by the SARATOGA, upon request of the SARATOGA during SAN JOSE'S regular business hours. (c) Monthly Report - SAN JOSE shall provide within 30 days of the end of each month, a monthly Animal Control and Impound Report summarizing field services, shelter services, licensing services, medical services and dead animal services provided by SAN JOSE to the SARATOGA. This report shall include, but not be limited to, the following infonnation: (i) Totaì number ûf calls fer ser;,ice, complaints relating to animal bites or attacks, complaints relating to vicious or dangerous dogs, and other activities; (ii) Total number oflicenses sold to LOS GATOS residents; (iii) Number of incoming live animals, including wildlife, brought to the shelter (surrender and field); (iv) Number of dead animals picked up and brought to the shelter; and (v) Number and type of animals provided medical services along with a brief description of service. . (d) Quarterly Report - SAN JOSE shall provide, within 30 days of the end of each Quarter, a quarterly Response Time Perfonnance Standard report, for Priority 1-3 calls. (e) Yearly Report - SAN JOSE shall complete and submit to the County of Santa Clara Public Health Department the Annual Report of Local Rabies Control Activities, SAN JOSE shall provide an annual report of activities and accomplishments to SARATOGA. F. PROGRAM REVENUE (a) Fees Collected by CITY OF SAN JOSE: SAN JOSE shall collect fees, charges, and penalties ("Program Fees") from the public in connection with some of the Animal Services it provides. These Program Fees shall be at the rates established by SAN JOSE. Payment of Program Fees: All Program Fees collected by SAN JOSE in connection with the Animal Services provided specifically to SARA TOGA, except fees collected for emergency veterinary services which are paid to contract veterinary providers, shall be remitted monthly by the fifteenth (15th) business day ofthe month immediately following the month in which the Program Fees were collected. (b) . Page A-6 e (c) Program Revenue Records: SAN JOSE shall maintain accurate records of all revenues derived from the Program Fees for Animal Services. Such records shall be available for inspection upon request of SARATOGA during SAN JOSE's regular business hours. (d) Monthly Fee Statement: SAN JOSE shall provide to SARATOGA with each monthly payment of Program Fees, a statement of Program Fees collected that shows the total amount of Program Fees collected and the total amounts collected in each fee category, such as impound, quarantine and board fees. G. ANIMAL LICENSING C' A 1\.1 T()QP fro ':""i.-:-.-.~J~~;:> li(,f"r:~ir:C" ........+~H;t;a... +'......r ;n-\n.....nri;1pr1 r1f'\(JC AT f'\thPr !;I't1;m~h~ to !oJ..<:Ll' '" .........U,LJ ~'V .P........ ........... ........-....-..............0 Q.\,.'tl. 'f .:.~.:.\..~ ..\.'_'.!. .!..!..!..!.1-"_'tH-.!.'.+V"''' .,..ub....~ ""'.L ................. ~.................... ....... which licensing is applicable that are reclaimed by their owners at the shelter. SAN JOSE shall provide for the licensing of all SARATOGA dogs and cats. Such fees shall be reimbursed to SARATOGA on a monthly basis. All fees shall be at the rates established by SAN JOSE. H. INSURANCE e SAN JOSE, at their sole cost and expense, shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services hereunder by SAN JOSE OF SAN JOSE, its agents, representatives, employees or subcontractors. e Page A-7 EXHIBIT B: FORMULA FOR ANIMAL CONTROL AGREEMENT COST INCREASES SARA TOGA shall compensate SAN JOSE utilizing the 2004-05 base rate of $ , The parties agree that increases to animal control service costs shall be limited and be based on either the percent salary increase negotiated by San Jose animal control bargaining unit each year for the previous 3 year period plus 1.5%, or the February to February Consumer Price Index-Urban Wage Earners and Clerical Workers for San Francisco-Oakland-San Jose, CA (maintained by the Bureau of Labor Statistics) (hereinafter "CPIIW") for the previous three years plus 1.5%, whichever is less. These contractual costs may be adjusted only one (1) time per 3-year period to be effective on July 1 for the applicable fiscal year. '1"',-, ..!!......f,·.-..f,::. .-...-. ~v'='..~......!."" 11t.';ng rTH_ 't.Y f......!t:-'ow~· ..LV .l.lJ.......,:)u(.u."', ".u '-'.n..............y........ .....u......... __A... .. ........&.1..... "..... For years 2004-05, 05-06, 06-07, Saratoga will pay $155,000 each year. In spring 2007, Saratoga and San Jose will agree on the adjustment The maximum adjustment would be CPI- W for February 2005 plus CPI- W for February 2006 plus CPI- W for February 2007 plus the 1.5%. If the CPI- W was 3% each year, the maximum increase would be 3%+3%+3%+ 1.5% for an increase of 10.5%, Then, for 2007-08, 08-09, 09-10, we would pay $171,275 each year, and so on. Page B-1 . . . . . . SARATOGA CITY COUNCIL MEETING DATE: 5 CITY MANAGER: V~~ DEPT HEAbC:jtytd+ December 17, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office PREPARED BY: Lorie Tinfow SUBJECT: Alternate Proposal for the Commemorative Bench for Willys Peck at the Saratûgã Libråry (Cön¡h¡~ed frcm 12/3/03) RECOMMENDED ACTION(S): Consider an alternate approach to honoring Willys Peck with a bench at the Saratoga Library. REPORT SUMMARY: At the October 1 meeting, staff presented a request by the family of Willys Peck to install a teak bench and landscaping in celebration of Mr. Peck's 80th birthday. The Peck family offered to contribute $2000 to the project and submitted severa] ideas for landscaping prepared by a ]andscape architect. Council approved the special teak bench requested by the Peck family and directed staff to work with the Library Commission on the ]andscaping details. Council also limited the amount of City funding for the project to that already budgeted for sod and irrigation in the dirt area south of the community room patio, a total of $1700. Staff presented Council's direction to the Library Commission at their October meeting, and explained the financial limitations and asked for input on the design within the financial constraints given-a tota] of $3700 ($2000 donated by the family and the $1700 already budgeted). The Commission initiaIJy ba]ked at installing a non-typica] bench at the Library site for a number of reasons, The alternate suggestion put together by Council Liaison Nonnan K]ine, Library Commission Chair Anne Cross and Betty Peck is to se]ect an existing bench on which to instaIJ a commemorative plaque. In addition, one of Mr. Peck's columns about the Heritage Orchard trom the Saratoga News will be reproduced and installed in some fashion adjacent to the bench. Should the location of an existiñg bench not be suitable, a new bench will be ordered and instaIJed in a ]ocation that relates to both the library and the orchard. Staff is requesting final direction on how to proceed. FISCAL IMPACTS: The project is limited to a total of $1700 from City resources which are already shown in the Public Works budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): No decision would be made on the addition of the commemorative bench, ALTERNATIVE ACTION(S): 1, Install the teak bench only 2, hnplement some modified version of the plan FOLLOW UP ACTION(S): Staff will impJement whatever direction Council provides. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additiona1. ATTACHMENTS: None, 20f2 . . . SARATOGA CITY COUNCIL e MEETING DATE: December 17, 2003 AGENDA ITEM: þ ORJGINA TING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: Cß-~µ DEPT HEAD: Cathleen Boyer, City Clerk SUBJECT: City Council Policies (Continued from 12/3/03) RECOMMENDED ACTION: /, ------- ----......;. ..._...:! ...:!;_",.~.r,-"..-,,-_;l ~;;1-. .-.-.'h"t.m;tt~.... ",..,........_.....;.....,....1., /1.l.-l.-c;jJt J c;jJVJ t auu uu \':'vl '-'vuu.....u '-J....V-""'-'U.uHU·...VO:;:; c,:....~''.,)~ '..:~.:..:.õ! j'. REPORT SUMMARY: At the City Council Retreat on February 1, 2003 staff was directed to begin the process of drafting a City Council Policy document. Councilmember Kline and Councilmember Bogosian were both appointed to the AdHoc Committee to work with staff to prepare this document e As the Subcommittee prepared to for this assignment, many old council polices were found, some extremely outdated and other current practices never formally adopted by CounciL Many issues addressed in the attached policy are consistent with best practices of many other ciÜes but may not in all instances conform to current practices, The Council Subcommittee recommends the changes to current practices included in the draft policies, The Subcommittee seeks comments from the Council as a whole to insure that the Council policies reflect a Council consensus, FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Council would not have an approved "Council Policy" document. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A . ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Draft Council Policies SARA TOGA CITY COUNCIL : MEETING DATE: December 17, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: . PREPARED BY: DEPTHEAD: Cathleen Boyer, City Clerk SUBJECT: City Council Policies (Continued from,12/3/03) RECOMMENDED ACTION: Âr.rpf':t ~f')"'\f"\rt ~nr. rE'ff'.~t t'.rmncil Sub-committee accordinQ:lv ·----....~·-r-··-~----·--- -_.-_..~ - ......."'. REPORT SUMMARY: At the City Council Retreat on February 1, 2003 staff was directed to begin the process of drafting a City Council Policy document. Councilmember Kline and Councilmember Bogosian were both appointed to the AdHoc Committee to work with staff to prepare this document As the Subcommittee prepared to for this assignment, many old council polices were found, some extremely outdated and other current practices never formally adopted by CounciL Many issues addressed in the attached policy are consistent with best practices of many other cities but may _ not in all instances conform to current practices, The Council Subcommittee recommends the ,. changes to current practices included in the draft po1icies. The Subcommittee seeks comments from the Council as a whole to insure that the Council policies reflect a Council consensus, FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Council would not have an approved "Council Policy" document. AL TERNA TIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: . N/A ATTACHMENTS: Attachment A - Draft Council Policies . . . RESOLUTION NO. 03- POLICY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING POLICY PERTAINING TO NORMS OF OPERATION AND RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL WHEREAS, it is critical to the successful operation of any public or private organization and agency, that rules, standards, or nonns be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WHEREAS, the establishment of rules, standards or nonns by a City Council will promote ll!1der-stnnding 3nd trust among members of the City Counci] and City Staff concerning their roles, responsibilities, and expectations for the operation of the City; and WHEREAS, periodic review will assist each new member ofthe City Council to better understand their responsibility and role as a Councilmember. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Saratoga, State of California, that policy pertaining to Nonns of Operation and Rules of Order and Procedure for City Council is hereby established as follows: CITY COUNCIL NORMS OF OPERATION Section 1. OPERA IION OF CITY COUNCIL MEETINGS A. CÜy Council Meetings shalJ be run folJowing the outline listed in Section 6.B. of this document. Each item shalJ be introduced by the Mayor, folJowed by a staff report and either a public hearing or public comment period. After close of public comments, the City Council wilJ deliberate the matter following Roberts Rules of order. The Mayor may entertain a genera1 discussion of the item before a motion is offered. B. Any City Council-member, including the Mayor, may p]ace an item on an upcoming City Council meeting agenda under New Business. C. No significant resources (more than three hours of stafftime) shalJ be used by staff until the Council gives direction on an item, The Mayor may declare an item 'urgent' and request sign.ificant resources from staff to prepare a report before the Council meeting when that item wil1 be heard. D. If an item appears again in a future CounciJ meeting, it shall be heard under Old Business. Items placed under public hearings shan only be those that are defined by law as requiring a special notice and a public hearing or those caned by City Counci] on its own volition. 1 . ¡ E. In order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete its business, there wilJ be a three-minute limitation on . comments by the public except for applicants and appellants at public hearings or as otherwise provided by law. In order to effectively enforce this rule, the City Clerk will monitor the time for each speaker with an electronic timer. The timer wi11 beep at the one- minute remaining point, and again at the three-minute point If there are more than twenty (20) identified speakers for one item at the beginning of the public comment period or public hearing, the Mayor may adjust the three-minute time down to two minutes per speaker. F. Closed sessions of the City Council shaH be conducted prior to the 7;00 p,m. business portion of regular meetings. If necessary, Closed Sessions not completed prior to .the 7;00 p,m. business portion wi!! be considered at the conclusion of the business portion ofthe meeting, or as otherwise determined by the City Council. G. Members of Council should not engage in debate with a member ofthe public or Staff at Council meetings since these debates seldom resolve concerns and many times inflame feelings at a public meeting. Any concerns by a member of Council over the behavior or work of a City employee during a Council meeting should be directed to the City Manager privately to ensure the concern is resolved. H. Prior to the close ofthe public hearing or comment period Councilmembers may ask questions of anyone in the audience. The public hearing and comment period are the times . for Council to receive evidence, Once the hearing or comment period is c1osed, the Council deliberates based on that evidence. While Council may eject to re-open a hearing or comment period (assume no prejudice to the rights of an applicant or appellant) it should make every effort to get all the information it needs while the hearing or comment period is still open. Ifthe Council asks questions after the final presentation of the applicant/appellant in a permit-related hearing the Council would need to provide the applicant/appellant with an opportuni.ty to rebut the answers to the questions. Whi]e these rules need not apply as strictJy to hearings where due process less of an issue (i.e., an ordinance amendment) is desirable a uni.form set of rules for all public hearings and comment periods. I ' 1. The Mayor may, with Council concurrence, schedule Council review of agenda items out of their prescribed order on the printed agenda if a large number of the public are present to speak on agenda item, Section 2, CITY COUNCIL RELATIONS WITH CITY STAFF A There shall be mutua] respect ITom both Staff and Councilmembers oftheir respective roles and responsibilities when and if expressing criticism in public session. B. City Staff shall acknowledge the Council as policy makers and the City Council shall acknowledge Staff as administering the Council's policies, . 2 , . . . C. All requests for infoTI11ation or questions by the City Council to Staff shall be directed to the City Manager, City Attorney, City Clerk, or Department Managers. All complaints should be submitted to the City Manager or, if a complaint concems the City Manager, to the City Attorney. D. All written infonnational material requested by individual Councilmembers shall be submitted by Staff to aH Councilmembers with the notation indicating which Councilmember requested the infoTI11ation. E. Council shall not attempt to coerce or influence Staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, the granting of City licenses or pemlits. The Council shall not attempt to change or interfere with the operating policies and practices of any City department. F. Mail that is addressed to the Mayor and City Council shall be circulated by the City Clerk to the City Council with a comment as to which Staff person will be assisting the Mayor in preparing a response. The Mayor's response, in addition to the original communication, will be submitted to the City Council for their infonnation. G. The City Clerk shall not open mail addressed to an individual Councilmember. H. Individual Councilmembers shall not direct Staff to initiate any action or prepare any report that is significant in nature or initiate any project or study, All such direction shaH be provided by the City Manager or by action of a majority ofthe City Council at a City Council meeting. Councilmembers may ask for limited action and infonnation for items that are on an agenda as long as any infonnation is distributed to all City Councilmembers Section 3. CITY COUNCIL RELATIONSHIP WITH CITY COMMISSIONS A. Members ofthe City Council should not attempt to influence or publicly criticize commission recommendations, or to influence or lobby individual commission members on any item under their consideration. It is important for commissions to be able to make objective recommendations to the City Council on items before them, Members of Council that attempt to strongly influence commission positions on an item may prejudice or hinder their role in reviewing the commission's recommendation as a member of the City Council. B. Individual Councilmembers shall have the right to attend meetings but shall refrain from speaking or becoming involved in the meeting's discussions. If asked a question, the Councilmember person should indicate that he/she can only provide a personal opinion and does not speak for the Council as a whole. C. If a member ofthe City Council appears before another govenunental agency or organization except as member of outside agency appointed by the City Council to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion ofthe Council (if any). Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council. 3 , Section 4. CITY COUNCIL HANDLING OF LITIGA nON AND OTHER CONFIDENTIAL INFORMATION e A City Councilmembers shall keep all written materials and verbal information provided to them on matters that are confidential under State law in comp]ete confidence to insure that the City's position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Councilmembers, the City Attorney or City Manager. B. All negotiations and other contacts concerning matters that have come before the City Council in closed session (including, but not limited to, property acquisition or disposal, a pending c!aLTIlS or litigation, and/or employee negotiations) with the other party and/or party's agents or other representatives shall be limited to, and made by, the designated City staff representative handling the negotiations, claim or litigation unless the City Council has directed that a specific Council member to assist staff in negotiations.'Except as authorized above, no Councilmember who has participated in any closed session shall have any contact or discussion with the other party or its agents or representatives concerning the matter under consideration except during public meetings of the City CounciL All public statements, information and press releases shall be handled exclusively by the City's designated spokesperson. Section 5. BUSINESS OF THE CITY COUNCIL A Seatin,g Arrangement of the Citv Council- The Mayor shall be seated at the center of the five members of the City CounciL The Vice Mayor shall be seated to the right of the Mayor. The Councilmember with the most seniority shall be seated to the left of the Mayor and the remaining Councilmember shall be seated to the far left of the Mayor. The outgoing Mayor shall be seated to the far right of the Mayor. When there is no outgoing Mayor the remaining Councilmembers shall be seated based upon length of service on the City Council with the most senior member seated to the far right of the Mayor. In the case of members having been elected at the same time, seniority shall be determined by the number of votes received at the election, The highest vote getter shall be considered senior and so on. The City Clerk shall anange nameplates at the Council dais at all Counci] meetings to assure this seating anangement is followed. e B. City Council Reor,ganization - On non-election years the City Council shall hold a special meeting on the second Tuesday of December. The floor shall be open to nominations for the purpose of electing a Mayor and Vice Mayor to serve for the following year. Such elections shall be made by a majority vote of the Councilmembers present at the meeting. The Mayor and Vice Mayor shall assume the duties oftheir respective offices immediately upon election. The Mayor and Vice Mayor shall serve a one-year term at the pleasure of the Council. On election years the City Council shall meet at a regular scheduled meeting next following the meeting at which the declaration ofthe election results was made pursuant to Section 10262 or 10263 of the Elections Code and choose one of its members as Mayor, and one of its members as Vice Mayor. (Government Code Section 36801). e 4 , . e e C. Mayor and Council Roles - The Mayor shall act as the primary spokesperson and officiaJ representative of the City Council, unless such responsibility is delegated by the Mayor, or otherwise assigned by a majority vote of the City Council. The Mayor shall preside at aU regular, adjourned, and special meetings of the City Council, including joint meetings with commissions and closed sessions. The Mayor shall execute all official City documents, warrants and correspondence approved by City Council. The Mayor shall serve as the primary contact for the City Manager to provide direction and advice regarding routine planning and operational issues (i.e, meeting schedules, dispositions of correspondences, etc.) Nothing in this section is intended to suggest that the position of Mayor wields fonnal power or authority in excess ofthe other members of the City Council. Rather, the person serving as Mayor is to be recognized as the leader ofthe Council, or first among equals. The Vice Mayor shall serve and perfonn the functions as Mayor in the absence of the duly elected Mayor. D. Council Committee/Agency Assi,gnments Every December immediately following the City Council reorganization the Mayor shall announce that new appointments for Committee/Agency Assignments are necessary. A list of committee/agency assignments shall be given to each Councilmember and each Councilmember shall provide the City Clerk with a list ofthe Committee/Agency Assignments in which the Councilmember is interested. The Mayor shall propose appointments for Council approval at the City Council meeting immediately following the reorganization. E. Ex Parte Communications An Ex Parte Communication occurs when a Council member receives infonnation ITom a member of the public outside of a public meeting concerning a matter to be heard by the City Council. Ex Parte communications are an inherent part of the City of Saratoga's commitment to allowing City residents ample opportunity to consult with elected officials both inside and outside of public meetings. At the same time, the City is committed to the principle that the business of the public should be conducted in public, to ensure that citizens are afforded the opportunity to participate in the making of decisions that affect their lives, and the means to evaluate choices made by the City and its officers. Where a City Councilmember has received infonnation outside of a public meeting that the Councilmember believes has a bearing on the decision and that is not reflected in the staff report presented to the Council and the public, the Councilmember should provide that infonnation to the rest of the Council and the public following the staff report and prior to beginning of public testimony on the matter. This will allow the public and other members of the Council to consider the infonnation in fonning their views on the decision at hand. In addition, persons affected by the decision will also have the opportunity to know the evidence on which the decision is to be based and have an opportunity to comment on it and, ifneed be, to rebut it. This approach allows all members of the public access to elected officials and to the rationale for decisions made by those officials. 5 { F. Issuing Proclamations and Commendations . A proclamation is prepared at the discretion of the Mayor to proclaim a specific date or event. Proclamations are prepared for signature by the Mayor. They may be presented at a City Council meeting or at an event or meeting outside the City Council meeting. A commendation is prepared at the discretion of the Mayor. A commendation may be issued for accomplishments such as: · Athletic/academic accomplishments · Act of heroism · Youth Accomplishments · A Community Organization's Citizen of the Year : l'). CCll1111Unity Orgar;.ization's Business Person of the ye3T · Outgoing elected officials · Outgoing City Commissioners Commendations are prepared for signature by the Mayor. They may be presented at a City CouncjJ meeting or at an event or meeting outside the City CouncjJ meeting. Section 6. RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS A. Time of Meetings Regular meetings of the City Council shal1 be held on the first and third Wednesday of each month in the Civic Theater commencing at 7:00 p.m. Special meetings shal1 be held as necessary and convenient on the second or fourth Tuesday of the month commencing at 7:00 p.m, or at such other time as may be necessary or convenient. e B. Order of Agenda The fol1owing is the usual order of agenda items for regular CouncjJ meetings. The Mayor with the concurrence of Council can change the order in which items on the agenda are heard. · Open Session - The Mayor opens the meeting in the Administration Conference Room at City Hall, to allow the public an opportunity to comment on closed session items before the Council adjourns to Closed Session, as required by law. Commission interviews are also done at this time. · Joint Meeting with City Commissions - Reserved time for Commission members to meet with the City Council for their yearly update. · Closed Session - Immediately following open session, the Council adjourns to dosed session in the Administration Conference Room at City Hall. Start times may vary depending on volume of closed session items and the estimated time required to conduct the closed session. The items are listed on the agenda as required by law, however this meeting is not open to the public. . 6 " e · · · · · · e · · · · · e Mayor's Report on Closed Session - The Mayor is required to announce any action taken during closed session before reconvening to the open session of the regular meeting. CaJ] to Order - the Mayor caJ]s the regular meeting to order. Pledge of AJ]egiance - The Mayor may lead or caJ] upon a member of the pubJic or staff to lead the pledge, RoJ] CaJ] - A quorum constituting 3 of the 5 members of the Council is required to conduct any Council meeting. The City CJerk caJ]s the roll. Report of Posting of the Agenda - The City Clerk reports on the posting of the agenda as required by Jaw. Ora] Communications - During this portion, any persons who wish to address the City Council on a subject not on the agenda may do so, Oral communications are not intended as the means for debate Dr decisiol1-TUakil1g, but 0;:;1"y for making a presentation in peTson. Comment shall be Jimited to three minutes for members of the pubJic who wish to speak · Communications fÌom City Commissions - Reserved time for Commission Chairs to report information to the City Councilor request direction. · Written Communications - GeneraJ]y, written communication not pertaining to item(s) on the agenda and which is received by the City CJerk prior to 5:00 p.m. of the Wednesday preceding the Council meeting may be indicated on the agenda as a written communication. Items received after this time may be held over for the following meeting, As with oral communications, this written form is for the purpose of expressing an idea or submitting a request. The matter may be discussed only for the purpose of determining whether it will be placed on a subsequent agenda. Council Direction to Staff -Reserved time for the City Council to request foJ]ow up on Oral/Commission Communications. Announcements - Reserved time for the Mayor to make special announcements. Ceremonial Items-These items include presentation of proclamations, commendations, appointments, administration of Oath of Office and special introductions. Special Presentations - reserved time for groups, agencies, persons to speak to the Counci1 on special items, Consent Calendar-These items are routine and non-controversiaJ items of business. Items in this section wjIJ be acted in one motion, unJess removed by the Mayor or a Counci1member. Any member of the public may speak to an item on the Consent Calendar, or request the Mayor remove an item for discussion. Resolutions concerning decisions made at previous meetings are for the purpose ofmemoriajizing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. · PubJic Hearings - There are two kinds of public hearings, those required by law and those caJ]ed by the City Council of its own voJition. In either event, the purpose is to provide an opportunity for all interested persons to be heard. Applicants/AppeJ]ants and their representatives have a total often minutes maximum for opening statements, Members of the public may comment on any item for up to three minutes. Applicant! AppeJ]ants and their representatives have a total of five minutes maximum for closing statements · Old Business - These are general items, which have been considered by the CounciJ at a previous meeting. 7 '*" . ¡ · New Business - These are general items, which have not been previously considered by a the Council. _ · Council Reports on Committees- Provides members of the Council an opportunity to report on agency!commission assignments, · City Council Items - Provides members of the Council an opportunity to introduce discussion/action o~ items not currently before the Council for consideration, · City Manager Items - City Manager or City Attorney may bring up other items of interest or make announcements under this section, · Adioumment- The Mayor may adjourn the meeting to a date specific, If no date specific is announced, the next meeting will be the next regularly scheduled Council meeting. C. Disruptive Comments and/or Conduct No person who addresses the Council shall make any belligerent, personal, impertinent, irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark, statement or commentary toward the Council, staff or other individuals in a manner wh]ch disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting, nor shall any person engage in any other disorderly conduct which so disrupts, disturbs or impedes the orderly conduct of the meeting. Any violation of this rule shall be grounds for tenninating the citizen's comment period. Continued inappropriate behavior or comments, after having been directed to discontinue, aIso shaH be grounds for removal trom the meeting. Council shaH not be beHigerent or make disparaging commentary toward the speaker. Nothing in this section shall prohibit or discourage orderly criticism of any City decision or poJicy within the limits of these rules. Ifa member of the public fails to foHow these rules after being warned once, the Council may bar that individual trom further testimony for the evening or remove the person trom the meeting. e . 8 , . . . The above foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the] 7th of December, 2003 by the following vote: AYES: NOES: i\BSE:t-~T: ABSTAIN: Ann WaJtonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk 9 . , . . . SARATOGA CITY COUNCIL MEETING DATE: December 17, 2003 7 VJ~ AGENDA ITEM: ORIGINATING DEPT: City Manager's Office PREPAREDBy:rfu tkr- Cathleen BOyer,~ty' Clerk CITY MANAGER: DEPT HEAD: SUBJECT: Commission Vacancy Update and Proposed Interview Dates (Continued from 12/3/03) RECOiviiviENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: On April I, 2004 the following commissions will have a significant number of vacancies due to expired tenns or resignations: Arts Commission (3), Heritage Preservation Commission (4), Planning Commission (1), and PubHc Safety Commission (4), Furthennore, on July 1, 2004 the Youth Commission will have 10 vacancies: In an effort to allow Council to make personal scheduHng arrangements and in order to fill these vacancies in a timely matter staff is requesting approval fonn Council to schedule interviews for the Arts, HPC, PC, and PSC on Tuesday, March 9, 2004 and Tuesday, March 23, 2003 at 6:00 p.m, The nonnal practice has been to interview candidates prior to City Council meetings. On November 19, 2003 Council directed staff to scheduled the annual Joint Meetings with the various City Commissions prior to the regularly scheduled meeting. These Joint Meetings would take up the allotted time before the Council meeting to conduct such interviews. If Council concurs the deadline for applications would be set for February 27, 2003 for all the Commissions except for the Youth Commission, which would be April 30, 2003 with interviews held on May 11 th, and May 25th. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Alternative interview dates would need to be scheduled, ALTERNATIVE ACTION: . N/A FOLLOW UP ACTION: Advertise vacancies in the Saratogan and the Saratoga News, post on the City's kiosk and on the , KSAR Community BulJetin Board, ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - City Roster . . 20f2 . . . . City of Saratoga/Council-Commissions List Public Distribution 121212003 ARTS COMMISSION - Meets 2nd Monday 1-3p,m. - Community Center, Patio Room - Kim Saxton-Heinrichs, Staff Liaison (04/06) Arunkumar, Geetanjali (04/04) Halgren, Tracy (04/04) Henderson, Mary Ann (04/06) Murray, LeRoy (Chair) (04/04) Peck, Betty (04/06) Pontier de Mattei, Lisa (04/06) Taylor, Mary Lou (Home) 867-4490 14003 Chester Ave. (Horne) 867-2701 19880 Lark Way (Horne) 354-4622 Horne) 255-9908 14275 Saratoga Ave. (Home) 867-3156 P.O, Box 2898 14950 Gemeil Ct. (Horne) 867-2919 FINANCE COMMISSION - Meets 3rd Monday 7:00p.m. - City Hal1- Jesse BaloGa: Staff Liaison (10/05) Allen, Richard (Chair) (10/07) Chin, Simon (10/05) Hughes, Jim (10/06) Narain, Ajay (Horne) 867-4556 (Work) 867-2885 (Home) 252-2629 18596 Arbolada Way (Horne) 354-4148 (Work) 739-4900 (Work) 355-2319 14565 Chester Avenue (Horne) 867-8232 (Horne) 867-7023 (10/06) Ruebenson, W. Bart (10/05) Tennant, Alex (10/07) Siegler, Norman HERITAGE PRESERVATION COMMISSION - Meets 2nd Tuesday 9:00a.m.- Hutton House - Jolm Livingstone, Staff Liaison (04/06) Bai]ey, Patricia (04/04) Ba11ingall, Phy1is (Chair) (04/06) Conrado, Paul (04/06) Vacant (04/04) Koepemik, Norman (04/06) Lowdermilk, Tom (04/04) Peck, Willys (Horne) 867-400] (Horne) 867-3150 (Horne) 741-1436 (Home) (Horne) 971-9636 (Home) 867-4918 (Horne) 867-3156 I LIBRARY COMMISSION - Meets 4th Wednesday 7:00p.m.- City Hall- Lori Bums, Staff Liaison (10/06) Chandra, Bobby 18595 Woodbank Way (Horne) 867-3595 (Work) 868-6209 ]9984 Wellington Ct. (Horne) 867-]444 (Horne) 354-7159 (Home) 867-446] (Home) 741-9100 (Home) 257-6475 (Home) 867-8605 (10/05) Cross, Anne (Chair) (10/05) Foscato, Cathy (10/04) Gipstein, Ruth (10/06) Grover, Pragati (10/04) Johnson, Dona]d (10/04) Manzo, Marcia City of SaratogalCouncil~Commissions List Public Distribution 12/2/2003 PARKS & RECREA nON COMMISSION - Meets 1 st Monday 7:3Op,m - City Hall- Cary Bloomquist, Staff Liaison . (10/07) Bruno, Vita (10/05) Deimler, Logan (Vice Chair) (10/06) Dodge, Sandra (10/05) Frazier, Angela (10/05) Gates, Gregory (Chair) (10/06) Sanquini, Anne (10/07) Soukoup, Thomas (Home) 234-0554 14320 Springer Ave. (Home) 741-5688 14649 Oak S1. #5 (Home) 867-0639 (Home) 865-1630 (Home) 370-9620 (Home) 868-9757 (Home) 257-6692 PUBLIC SAFETY COMMISSION - Meets 2nd Thursday 6:30p.m. - City Hal! - Danielle Surdin, Staff Liaison (04/04) Andreson, Francis (04/06) Ballingall, Brigitte (04/04) Edel, Thomas (04/04) Kane, Mitch (Chair) (04/04) Santana, Ronny (04/06) Tennenbaum, Isabelle (04/06) Biester, Kenneth (Home) 867-7872 (Home) 867-1849 (Home) 867-9889 (Home) 257-5418 (Home) 291-8007 (Home) 741-8118 (Home) YOUTH COMMISSION - Meets 2nd Tuesday 7-9p.m, - City Hall- Taffy Lowery, Staff Liaison . (07/05) Baker, Phillip (07/04) Ballingall, James (07/04) Burke, Kelly (07/05) Byrne, Michael (07/04) Farnum, Va]erie (07/05) Gupta, Tanya (07/04) Jayakumar, Shruti (07/05) Klaus, Jessica (07/04) Lee, Joanna (07/04) Luskey, Jackie (Chair) (07/04) Ma]tie], Tami (07/05) Rezaii, EIIi (07/05) Schwartz, E]ise (07/04) ScJavos, Ted (07/04) Skelly, Conner (07/04) Wu, Deborah (Home) 867-0]50 (Home) 867-0927 (Home) 867-4548 (Home) 867-3004 (Home) 741-8511 (Home) 446-0302 (Home) 741-8183 (Home) 255-6677 (Home) 741-4810 (Home) 741-2233 (Home) 446-3040 (Home) 395-3124 (Home) 867-2031 (Home) 872-8300 (Home) 867-6636 (Home) 973-9578 .